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HomeMy WebLinkAbout01-13-2005 Planning Commission Meeting PacketV CITY OF OAK PARK HEIGHTS • PLANNING COMMISSION MEETING AGENDA Thursday, January 13, 2005 — 7:00 p.m. Estimated Times 7:00 I. Call to Order: II. A. roval of A Benda III. Ata rove TVt�' iute s of November 4, 2004 (1) IV. Dewiet / Commission Liaison / ether Rev„ s: A. Commission Liaison: B. St. Croix Crossing Update: C. Other: 7:15 V. Visitors /Public Comment: This is an opportunity for the public to address the Commission with questions or concerns regarding items not on the agenda. Please limit comments to three minutes. VI. Public Hearings: I . A. Ackerman Estates: To consider requests for Comprehensive Plan Amendment, Rezoning, Preliminary and Final Plat Approval for construction of nine single family residential dwellings, located Northwest of Oak Park Blvd., East of Oakgreen Avenue, and South of Hwy. 36 (2) B. �I To consider requests for Zoning District Amendment from CBD, Central Business District to B -2, General Business District and Comprehensive Plan Amendment allowing Walrnart store expansion and possible change of zoning classification of surrounding property, located at 60t St. N. an No:rell Ave. N. (3) C. Senior Housing Partners: To consider request for a Conditional Use Permit for land reclamation and grading required by City Ordinance 308.08 and as required to perform removal and remediation of soils containing low -level petroleum contamination. (4) VII. New Business: VIII. Old Business: A. 2405 Meeting Dates & Council Representation Schedule: Review and adopt 2005 Schedule. (5) IX. Infornnational: • A. Next Meeting: February 10, 2005 — Regular Meeting @ 7:00 p.m. B. Council Representative: January — Commissioner Oswald February — Chair Dwyer Dwyer X. Adjournment I y ' - - CITY OF OAK PARK HEIGHTS .: PLANNING COMMISSION MEETING MINUTES Thursday, November 4, 2004 Call To Order Vice Chair Runk called the meeting to order at 7:00 p.m. Present: Commissioners Liljegren and Wasescha. City Planner Richards, City Administrator Johnson and Commission Liaison McComber. Absent: Chair Dwyer and Commissioner Oswald. Approval of Agenda: Vice Chair Runk, seconded by Commissioner Wasescha, moved to approve the Agenda as presented. Carried 3 -0. Approve Minutes: Commissioner Liljegren, seconded by Commissioner Wasescha, moved to approve the Minutes of October 14, 2004 as presented. Carried 3 -0. Department ZCommission Liaison ReportsZOther Re orts: A. Commission Liaison: B. St. Croix Crossing Update: Commission Liaison McComber provided a report of ongoing activities. C. Other: Ie Visitors /Public Comment: There were no visitors to the meeting other than those present for items upon the published Agenda. Public Hearings: A. Kowalski's: To consider requests for Site Plan, Design Standards Review and Signage Variance for construction of Kowalski's Market within former grocery retail tenant space at 5801 Neal Ave. N. (2) City Planner Richards reviewed the October 28, 2004 planning report regarding a request for site plan review, design standards review and signage variance for remodeling of the former Rainbow Foods store into a Kowalski's Market and a retail tenant. Richards noted that the market would be a full service grocery and deli with a Starbucks located within the store space. Richards discussed the improvements proposed and issues related to the request for signage variance to permit Starbucks signage in addition to that for Kowalski's specifically. Richards provided an in issue analysis, discussing the same and provided conditions to approval should the Commission elect to recommend approval of the requests. Vice Chair Runk opened the public hearing for comment. Mike Oase IKowalski's Vice President of Operations introduced himself, stated that he is comfortable with the planning report as it relates to the stores operation and made himself available for questions. Planning Commission Minutes November 4, 2004 Page 2of2 John Harris of Harris Architects discussed technical and design issues to the project and addressed questions from the Commission as to the same. Mr. Harris also discussed the nature of the proposed lighting for the store as being decorative. There being no others present, wishing to address the Commission on the request, Vice Chair Runk, seconded by Commissioner Wasescha, moved to close the public hearing. Carried 3 -0. Brief discussion ensued as to the building's design elements and parking lot area design. Commissioner Wasescha, seconded by Vice Chair Runk, moved to recommend City Council approval subject to the October 28, 2004 Planning Report as amended to include a condition as to the parking lot light pole height. Carried 3 -0. New Business A. 2005 Meeting Dates & Council Representation Schedule Vice Chair Runk requested this matter be carried to the next meeting of the Commission, when all members are present. Old Business None. I* Informational A. Next Meeting December 9, 2004 7:00 p.m. — Regular Meeting B. Council Representative November — Commissioner Liljegren December — Commissioner Wasescha January '05 — Vice Chair Runk Adjournment Commissioner Liljegren, seconded by Commissioner Wasescha, moved to adjourn at 7:21 p.m. Carried 3 -0. Respectfully submitted, Julie A. Hultman Community Development Approved by the Planning Commission: L �► No RTH'� EST BASSO CIATED CONSULTANTS, INC, M 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 753.231.2555 Facsimile: 7 83.231.2581 pi.anners@nacplann*ing.com PLANNING REPORT TO: Eric Johnson FROM: John Glomski /Scott Richards DATE: January 7, 2005 RE: Oak Park Heights -- Ackerman Estates (Comprehensive Plan Amendment, Rezoning, Preliminary and Final Plat) NAC FILE: 798.02 —04.15 BACKGROUND Greg Johnson, representing Oak Park Heights Development LLC., has requested a Comprehensive Plan amendment, a zoning district amendment, a variance to the required frontage, and preliminary and final plat for a nine lot single family residential development to be known as Ackerman Estates. The site is 4.4 acres in area and is located northwest of the City Hall, east of Oakgreen Avenue, north of 58 Street, and south of State Highway 36. Attached for reference: Exhibit 1: Exhibit 2: Exhibit 3: Exhibit 4: Exhibit 5: Exhibit 6: Exhibit 7: Exhibit 8: Exhibit 9: Exhibit 10: ISSUES ANALYSIS Layout with Aerial Photo Preliminary Plat Grading and Drainage Plan Utilities Layout with Proposed Highway 36 Alignment Builders Statement Home Style Examples Association Construction Restrictions City Engineer Comments City Arborist Comments Comprehensive Plan. The Comprehensive Plan designates this site as R -B, Residential- Business Transitional District. The purpose of this district is to allow for a • smooth transition from the high intensity commercial to the low density residential use. r L' This is accomplished by allowing a mixture of medium density residential uses with low intensity commercial uses. The applicant is requesting the City amend its Comprehensive Plan by designating the subject site for low density single family development. In support of the request from the applicant, the following points could be made: • Low density residential development would complement the surrounding uses which are open space, public / institutional, and low density single family. • Low density residential development may have less of a negative affect on the significant tree cover and small wetland area to the northeast of the site. The applicant has submitted plans showing the lot layout with the MnDOT 1995 proposed Highway 36 alignment. As can be seen from the plans (Exhibit 5), the proposed alignment would have a significant impact upon the proposed development. Staff understands that the property owner has a right to reasonable use of his/her property but the residential plat would not be compatible with the 1995 alignment. On the other hand, the remaining property would likely be an appropriate area for a small commercial development. The current R -B designation or more likely a commercial land use designation may also be appropriate. The Planning Commission should discuss the Comprehensive Plan issues based upon the MnDOT plans. Zoning. The subject site is currently zoned Open Space Conservation. The purpose of this district is to allow suitable areas within the City to be retained and utilized for open space purposes and also as a "holding" zone of newly annexed lands, ensuring that development is staged in a manner acceptable to the City's utility plan. The applicant is requesting that the site be rezoned to R -1, Single Family Residential. The proposed zoning would be compatible with the surrounding uses. Approval of the proposed zoning would be subject to an amendment to the Comprehensive Plan. Lot Standards. The following table illustrates the lot requirements for the proposed zoning district; R -1 Single Family District — Lot and Building Re uirements Lot Area 10,400 square feet Lot Width 80 feet Front Setback 30 feet Side Setback 10 feet Rear Setback 30 feet Wetland Buffer 36 feet Building Height 35 feet Minimum Floor Area 960 square feet 0 2 The average lot area of the proposed nine lots is 16,884 square feet, with the smallest lot being 13,121 square feet. The development generally meets the performance standards of the R -1 District with the exception of the lot width of Lots 3, 4 5 6, and 7. Lot width is defined in the ordinance as follows; Lot, Mdth: The shortest horizontal distance between the side lot lines measured at right angles to the lot depth at the minimum required building setback line. If no setback line is established, the distance between the side lot lines measured along the public right -of -way. Lots 3, 4, 5, 6, and 7 have frontage on the proposed cul-de -sac bulb. The result of the limited frontage off the bulb are pie shaped designed lots that force the 80 foot lot width to be achieved at a greater distance from the front lot line that the 30 foot setback as required per ordinance. One option the applicant has is to lengthen the radius of the cul-de -sac bulb thereby creating more frontage and increasing the lot width at the 30 foot setback. The enlarged cul-de-sac bulb would include a larger center island with increased landscaping and visual appeal. The resulting right -of -way would well exceed the minimum requirements of the Subdivision Ordinance. Variance. To qualify for a variance, the City must find that the variance is not a mere • convenience to the applicant, but rather a necessity to alleviate undue hardship. State statute further defines undue hardship as a condition which restricts the owner from putting the property to reasonable use under the strict zoning regulations. The statute also requires that the conditions for requiring a variance be unique to the property, not created by the landowner, and not have a negative effect on the character of the neighborhood. Due to the box shape of the 4.4 acre site, it is difficult to design an access for development without the utilization of a cul-de -sac. As such, although the average lot size exceeds the required lot size by over 60 percent, a number of the lots need a variance to the strict definition of lot frontage. The City must determine if the limited design options for the site prompting the need for a cul-de -sac and a lack in the required Iat frontage at the setback is an adequate hardship for approving the needed variance to lot width. Should the City decide to approve the requested variance staff recommends that as a condition of approval, the City require the building pads for the homes to be located no closer to the front lot line than that portion of the property that meets the required 80 foot lot width. The revised layout plans dated December 29, 2004 meet this requirement. Access /Circulation. The site is accessed via a cul -de -sac off of Oakgreen Avenue North. The subdivision ordinance requires 60 feet of wa -of - ri ht and the bulb right-of-way 3 of the cul- de-sac requires a 60 foot radius. The revised plans dated December 29, . 2004 are consistent with these requirements. The applicant is proposing a landscaped island with benches at the center of the cul -de- sac. Staff suggests that the applicant submit a landscape plan that includes low maintenance plantings for staff review. Our office also suggests that the applicant eliminate the benches from the plans as it is not believed to be a viable location for this type of amenity. It should also be noted that if the City accepts the landscaped island within the right -of -way, the City will be responsible for the maintenance. Building Design. The applicant is proposing nine custom built homes with front elevations of brick, stucco, stone, or the like. The applicant has worked with staff in utilizing side loaded garages and front porches where possible (six of the nine lots are side loaded). Landscaping and Tree Preservation. The applicant will attempt to preserve as many significant trees as possible. The City arborist has reviewed the tree removal plan and has determined that it appears that less than 50 percent of the significant trees will be removed and adjustments for species can be made to both lists per tree preservation ordinance section 1307.070 item 3. As a condition of approval, the applicant must submit a visual overlay combining the tree inventory with street, building pads and grading. Sidewalks and Trails. The applicant is proposing, and will construct, an 8 foot wide bituminous trail running north south along the east side of Oakgreen Avenue which will connect to the existing trail system within the transmission line easement. The City will need to construct the approximately 80 feet of extension from the northern boundary of the subject site to the existing trail system as well as the extension to the south of the development to 5e Street. The applicant is also proposing a sidewalk on both sides of the cul -de -sac, connecting to the proposed trail. Park Dedication. Section 402.08 of the Subdivision Ordinance requires a park land and /or cash dedication for the proposed development. The purpose of the dedication is to require new subdivisions to contribute to the City's park and open space system in a rough proportion to the relative burden they will place upon the system. The ordinance requires either land or a cash ' contribution in lieu of land or a combination of both be dedicated to the City. As the site is so small and not planned for a future park area, staff recommends the City require a cash contribution in lieu of land. The formula for cash contributions is described in Section 402.08 D. of the Subdivision Ordinance. The City may then use those funds to construct the trail connections from the Xroposed trail within the development to the existing trail system to the north and 58 Street to the south. Per ordinance, the applicant will need to provide the City with a property appraisal. 0 4 Grading, Drainage, Utilities. The applicant has submitted a grading and drainage plan for City review. The City Engineer reviewed the plans and made comments per his memo dated December 27, 2004 as attached herein. As a condition of approval, the applicant must revise the grading, drainage, and utilities plans, in accordance with the suggestions made by the City Engineer. The final grading, drainage and utilities plans are subject to the City Engineers review and approval. CONCLUSION /RECOMMENDATION The applicants have worked with City staff in the objective of creating a single family residential development on the Ackerman site that is unique in style and that fits with the character of the surrounding neighborhood. The proposed nine lot single family residential development to be known as Ackerman Estates requires the following approvals; • Comprehensive Plan Amendment • Zoning Amendment • Variance • Preliminary and Final Plat Upon review, our office recommends to the following; i. Comprehensive plan Amendment Staff suggests the Planning Commission and City Council first consider the Comprehensive Plan amendment changing the designated land use of the site from R- B, Residential- Business Transitional District, to low intensity single family development. An R -B or commercial designation may be appropriate if the 1995 MnDOT highway alignment moves forward. If the Comprehensive Plan is not changed to residential, the zoning amendment and subdivision cannot move forward. 2. Zoning Amendment If the change to the Comprehensive Plan for a residential land use is approved, the request to rezone the approximately 4.4 acre site from Open Space Conservation to R- 1 , Single Family Residential is recommended, based on a finding that the proposed zoning will be compatible with the surrounding uses, subject to the following conditions: 1. Approval of an amendment to the Comprehensive Plan designating the future land use of the site as low intensity single family development. 3. Variance Staff recommends denial of the lot width variances for Lots 3, 4 5 1 6, and 7 based on a finding that a hardship does not exist as there are design alternatives that would eradicate the need for a variance. Should the City recommend approval of the variance from lot width on Lots 3, 4 5 6 and 7 based, staff would recommend the following conditions: 0 5 1. The front yard setbacks shall be increased, on each of the lots not meeting • the lot width requirements to a distance that meets the 80 foot lot width requirement. 4. Preliminary and Final Plat Staff recommends tabling the request for Preliminary and Final Plat of Ackerman Estates to give the applicant the needed time to redesign the plat in a manner that does not need a variance. Should the City recommend approval of the Comprehensive Plan, rezoning, and Preliminary and Final Plat for the Ackerman Estates development, staff would recommend the following conditions; 1. The applicant is to submit a landscape plan for the center island subject to the review and approval of City staff. 2. Six of the nine tots are to be garage side loaded as shown in the revised December 29, 2004, plans. 3. The applicant is to submit a visual overlay combining the tree inventory with street, building pad locations and grading. 4. The applicant is to construct the eight foot bituminous trail running north south along Oakgreen Avenue to the extent of the property boundaries. 5. The applicant shall provide the City with a property appraisal per the Subdivision Ordinance. 6. A park dedication free, as determined via the formula in Section 402.08.1) of the Subdivision Ordinance, shall be paid at time of finalization of the final plat and development agreement. 7. The grading and drainage plans shall be subject to review and approval of the City Engineer and applicable watershed district. 8. The utility plan is subject to the review and approval of the City Engineer. 9. A development agreement shall be required between the City and the applicant subject to the review and approval of the City Attorney. 10. 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CKE R. .A5VE Dear City of Oak Park Heights, It is our . goal to make the Ackerman Estates de unique m respect to architectural . style, site play rtitig: and landscap' The following includes some of the restrictions we will be enforcing on the Ackerman - Estates development in order to achieve this goal. * Miriina��um Roof Pitch 8 112 (Except Porches) * Shin Timberline or equivalent architecture shingles * Sid a "Front Elevation" — must be- brick, stucco, none, cultured stone, hardy board, cedar, shakes or acrylic siding. * Siding "All Other Sides" — Texture and color must be approved by architectur committee. * A►rchirtectuml Design We are encouraging a cottage or p rame style design, but will consider all custom designs (must be approved by architectural cormnittee. ). Should you have any questions regarding this information, please contact our office at 651- 351 -5151. pectfullY, �n Greg Johnson Chief Manager I* 00 EXHIBIT 8 r 3` ; J � J 'f�'T �' � 7 r� s � �� ,�- t� • I �' •� •r+r,.,If�t�.A � i xs� �. .r I � �r! l _ I r 1 'y° .l r�rf«• �• F1✓, n f �'�` � r C �` `d• r,J. �.- � �'�,' � �,�" 4s a t, h3 " I F. � ��� � i . � t ' • - f J � '�� � 1 ` �' /f cy -�' r fY i : +` �' �, • i ► 1. � . r J' 1 i � ` + . f � �.�'�a' r n. 't it"' . l i� ,l . - t � . / .f fit+ 1 r ` • t ` f� Jw',` ?� S yr � 4 '�/'� r� + i � ! 4• T, C� :.a�. C �_ • ' _ .yffr . %r � �/ � � f.� _- r+'" - �i.(ty�.,�I'►f �i�L�d - r �'� '.t ,l r� /�' � .+ , - - ! ti� 1 �" ' ��,t��I �'" r{�� t' r � � r +[`�.•1 1. %dJ[ •"Sart.�.r� ^i" • ,r ll�r " � i, �'. �,C � r�� ;� r�� � •/ /�� r- !� - " i' } , �t_�7 � tom , �''..!r,; ,• �" � - ".; ��, ` J"'�% � f �.t.� 7 P��f1. �' , i - ^/ . ; .. r• ^, -?r. 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Box 2007 Oak Park Heights, MN 55082 -2007 Re: Ackerman Estates Concept Plan Review BRA File No. 55- 04N-000 Bear Eric: We have reviewed the concept plans for the proposed Ackerman Estates development as submitted, on December 15, 2004, by Folz, Freeman, Erickson, Inc. Following are our comments and/or recommendations. Plat 1. A, 60 foot Ri g ht-of -W'ay is recommended at the entrance of the development. SOT Issues In 11r1MOT's 1995 concept for Highway 36 the alignment of Oakgreen Avenue passes through Lot I and Lot 2 in Block I. In addition, it is possible that the northern portion of Lot 3 and Lot 4, Block 1, will be affected by this alignment. Gradin and Drainage Plan I. The house on Lot 3, Block 1 has a low opening elevation (LOE) of 938.5 and a basement floor elevation (BFE) of 935.0. The existinng 934 contour is shown at the back of the structure. Is this the correct location for the 934 contour, particularly with the pond's HWL at 933.6? 2. The second cell of the pond (the wetland area) appears to have a NWL of 332.1. This would place the NWL of the pond 13' from the house on Lot 3, Block 1. Do you want the pond this close to the house? A wetland delineation is needed. If it is a wetland, the buffer zones must be maintained according to the City's Wetland Ordinance. Is this a protected wetland? Are there any restrictions for raising the elevation of this wetland? St. Paul, St. Cloud. Rochester. Willmar. MN R Milwaukee. W1 • Chicago IL AfClrmattve Action/Equal Opportunity Employer and Employee owned EXHIBIT 9 m i a 3. Verify the connection of the proposed 942 contour with the existing contour on Lot 1, Bock 1. 4. The pond discharges into a ditch along Oakgreen Avenue. Does this water eventually discharge into the MMOT drainage system? If so, are there any permits that must be obtained from MMO'T for the storm water? 5. This development is in the, jurisdiction of the Diddle St* Croix water Management Organization. The "HMO should review the plans. Utili 'es 1. It is recommended that the water main be installed on the east side of Oakgreen Avenue and connect to the existing 1T' stub located approximately 300 feet south of Highway 36. 2, A fire hydrant will be required to service the development, 3. Further preview is required on the sanitary sewer and water main. To be consistent with the comprehensive plans the City may require that the utilities are located in Oakgreen Avenue. Bituminous Trail 1. It is recommended that bituminous radii be placed at the connection to the existing east/west bituminous trail. The plans submitted were concept plans for Ackerman Estates. When preliminary grading and utilities plans are submitted a more detail review will be completed for the development. If you have any questions or require additional information, please contact me at (651) 604-4788 or Dennis Postler at (651) 604-48150 Sincerely, BONESTROO, ROSENE, ANDEREIK & ASSOCIATES, INC. Karen S. Erickson, P.E. cc: Tom Ozzello, Public Works Director Am Butler, Building Official Scott Richards, City Planner Mark Vierling, City rA,ttoiney Kathy Widin, City Arborist Todd A. Erickson -- Folz, Freeman, Erickson, Inc. DMP, DDH, File — Bonestroo & Associates Page 1 of 1 Scott Richards From: <kdwidin a@comcastnet> T o: "Tom Ozzello" <tozzello a@cityofoakparkheights.com >; "Julie Hultman" < jhuitman @cityofoakparkheights.com >; "Dennis Postler" <dpostier@bonestroo.com >; "Eric Johnson" <eajohnson a@cityofoakparkheights.com >; "Jim Butler" <jbuber a@cityofoakparkheights.com >; "Scott Richards" <srichards@nacplanning.com >; "Mark Vieding" <mvierling @eckbergiammers.com> Sent: Tuesday, December 28, 20041:10 PM Subject: Tree Removal - Ackerman Estates OPH Staff - I have reviewed the tree removal for the proposed Ackerman Estates development and have the following comments: After removing rees from the list which are dead or not of significant size or species, es, I re- calculated the inches of existing trees and those to be removed to be 3 098 and 1196, respectively. I have not calculated tree replacement required however,, and this should be done by the developer after any changes to the proposal have been made. Since it appears that less than. 50% of the sign cant trees p will be removed, adjustments for species can be made to both lists per tree preservation or�ce section 1307.070 item 3. It would be helpful to have a visual which overlays tree inventory with street, building pads and grading, so that all trees which would be seriously affected by grading will be included. If you have any questions regarding this memo, please contact me. Wthy wiain City of Oak Park Heights I* EXHIBIT 10 E 1\1 C!�_ E 3 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway. Suite .202," Golden Valley, MN 55422 Telephone: 763.231:2555 Facsimile: 763.231.2561 plan ners@nacpla nning.com . PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: January 6, 2005 RE: Oak Park Heights — Central Business District: Comprehensive Plan . And Rezoning Request — Wal -Mart and Surrounding Area FILE NO: 798.02 —04.16 BACKGROUND Erik Miller, representing Wal -Mart Stores, Inc., has made application for a Comprehensive Plan amendment and a request to rezone the Wal -Mart property and expansion area from CBD, Central Business District to B -2, General Business District. The Wal -Mart property was originally zoned &2 when the project was approved in 1992. The Comprehensive Plan and zoning for the property was changed in 1998 when the City approved the concept for the Central Business District in the area that included Wal -Mart. The land use classification was changed to CBD, Central Business District and the zoning was also changed to CBD. A Central Business District Plan was developed and Central Business District Design Guidelines were adopted for the area. Since the creation of the CBD, most of the east and south portions of the area have been approved for PUD concept and general plans. The Oakgreen Village project has an approved concept plan and a portion of that, the Villas, has general plan approval. The area to the south, along 58 Street, has an approved concept plan for a combination of office and upper floor residential.. The Central Business District zone and design guidelines were created to encourage mixed use development. The current request from Wal -Mart is to change the Comprehensive Plan and rezone the existing property-as well as their proposed expansion area to the east from CBD to B-2. As part of that consideration, the City should also discuss the other areas of the CBD that are not currently under a concept or general plan approval. That would include primarily that area from Norrel Avenue east, and north of the Oakgreen Village project. Exhibit 3 indicates that area included in the discussion for possible Comprehensive Plan amendment and rezoning. Attached for reference: 40 Exhibit 1: Comprehensive Plan Land Use Designations and Planning District 11 Exhibit 2: Current Zoning Exhibit 3: Land Use/Zoning Amendment Study Area Exhibit 4: Wal -Mart Expansion Plans Exhibit 5: CBD, Central Business District Exhibit 6: B -2, General Business District Exhibit 7: District Setback Requirements Exhibit 8: Area and Building Height Requirements ISSUES ANALYSIS Comprehensive Plan. The property in the subject area was originally designated for commercial land use. The Central Business District designation in 1998 was based on a specific plan that included a downtown concept with mixed use residential, service and entertainment in a compact traditional style similar to what had been created in Maple Grove. The planned unit development approvals for the Oakgreen Village concept were generally in conformance with the CBD plans. As part of the CBD plans, it was anticipated that Wal -Mart would expand, but not to the extent in terms of land area that has been currently proposed. Additionally in the past year, numerous entities have discussed very preliminary plans for large retail - operations for that.. property directly to the east of Wal -Mart. With the adopted plans for Oakgreen Village and the proposed expansion of Wal -Mart, it is unlikely that there would be adequate property to do a traditional downtown concept in the center of the CBD. Eliminating the � CBD land use designation for these properties except for the Oakgreen Village area should be considered by the Planning Commission/City Council. Zoning. The CBD zone created in 1998 was designed to accommodate mixed use commercial/residential development and stand alone, townhouse, and high density land use. The CBD differs from the B -2 zone in numerous ways but primarily there are no minimum lot area, width, or setback standards for the CBD. Additionally, the CBD does not allow automotive related uses such as service stations, automotive repair or tine stores. The Wal -Mart proposal has a fuel station and automotive repair which would include tires, batteries, and oil changes. These aspects of the Wal - Mart proposal cannot be done under a CBD zoning. Wal -Mart has requested the zoning for their existing property and for the expansion area. As part of that request, the City is also suggesting that the immediate area surrounding the property to the east be considered for rezoning to B -2. That would include all that property to the east of the Wal -Mart expansion to Novak Avenue but excluding the Oakgreen Village area to the south. The Planning Commission and City Council should also discuss a rezone of that area along the 60 Street frontage road east of Novak Avenue. • If definitive recommendations can be made by the Planning Commission on the area to be rezoned, the request would go to the January 25, 2005 City Council meeting. If 2 additional information'is needed by the Planning Commission on the areas other than the Wal -Mart request, City staff would request that the Planning Commission act on the Wal-Mart rezoning application and move that recommendation forward to the City Council. Another option to rezoning the property would be to leave the CBD zoning in. place but change the text of the district to include automotive related uses as a conditional use. The land area, lot width, setbacks, and other standards would also need to be changed. This may not be a reasonable option in that we would be creating another B -2 zone. Additionally, the Oakgreen Village development has all been planned based upon a CBD zoning. Changing the zoning district requirements may create a number of non- conformities before the project is constructed. Zonin g Criteria. Section 40.03.A.7 of the Zoning Ordinance lists criteria for review of a ro osed zoning amendment. A review of these crrter�a is as follows. P P 9 a. Relationship to the specific policies and provisions of the municipal comprehensive plan. As indicated previously in this report, the Comprehensive Plan would need to be changed to reflect a commercial instead of a CBD land designation. The text in Planning District 11 would also need to be revised to reflect the change in land use. b. The conformity with present and future land uses in the area. The area under consideration had previously been planned and zoned for commercial use. The CBD zoning is similar but defines the types of uses more narrowly than the 8 -2 District. The CBD plans had also envisioned an expansion of the Wal-Mart and retail type uses in the area to the east. C. The environmental issues and geographic area involved. The environmental issues, especially as if relates to stormwater runoff, will be addressed no matter what type of commercial land use occupies the site. d. Whether the use will tend to or actually depreciate the area in which it is proposed. The investment made to the properly will be substantial and actually tend to increase property values in the area. e. The impact on character of the surrounding area. The change of land use designation and zoning classification will not impact the character. All new development will need to comply with existing zoning standards and design guidelines. Site review of specific development plans will 3 result in projects that will minimize any negative impact on surrounding • properties. . f. The demonstrated need for such use. Development of the area has always been directed toward commercial use. Additional retail and service uses have been planned for and expected for this property. _ g. Traffic generation by the use in relation to capabilities of streets serving the properly. Proposed development in the area will be reviewed for traffic impact subject to review and approval of the City Engineer and City Council. h. The impact upon existing public services and facilities including parks, schools, streets, and utilities -, and the City's service capacity. These should be no service related* issues as a result of the change in land use designation and zoning. Since annexation, the property has been planned for commercial use. i. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). 0 Specific development proposals shall be reviewed against the City's zoning standards and design guidelines. Central Business District Design Guidelines/Design Guidelines. Properties zoned CBD are subject to the Central Business District Design Guidelines while properties in the B -2 District are subject to the general commercial Design Guidelines. The CBD guidelines are more speck and restrictive than the general Design Guidelines. The CBD guidelines were written for a specific "traditional downtown" appearance for development of this area. As indicated, it is very unlikely that a true downtown concept would ever be achieved in this area. With the Wal -Mart and other large format retail stores, the CBD guidelines are not appropriate. The general Design Guidelines are more appropriate for that type of commercial development. For instance, the recent Kohl's development was planned under the general Design Guidelines. CONCLUSIONIRECOMMENDATION Based upon the preceding review and analysis, City staff recommends that the Planning Commission redesignate the land use and rezone the Wal -Mart and proposed expansion area from CBD to commerciaV13-2 District. In addition, the Planning Commission should review areas to the north and east of the Wal -Mart property for i possible redesignation and rezoning. It is suggested that the Planning Commission 4 1 0 1 0 1 0 move forward with the Wal -Mart request at their January 13, 2005 meeting, even if a decision has not been made on the other areas. 5 ■ 9 MIS NO Mffialmipm!_� PIA Tr i offiN 58TH 0 r �__J L._J_ A_ _ � I— -LT 1 t ' ' I - i V--j rT LIT_ f - _ 610 305 0 610 Feet ZONING DISTRICT Low Density Estate Residential Commercial N Low Density Residential B iness /Residential Transitional Medium Density Residential y Industrial - -� High Density Residential Business Warehouse R Quasi Public Facilities Park Facilities/Open � ace p P School Facilities Estate Residential /Golf Course/ Parks and Open Sp ace 'lit' Government Facilitie Wetland /Pondi ng Areas CBD f COMPREHENSIVE PLAN City of Oak Bark Heights AND USE DESIGNATIONS EXHIBIT 1 NEIGH BORHOOD PLANNING DISTRICTS 0 PLANNING DISTRICT 11 Planning District 11 consists of the area planned for the Central Business District, the Valley Senior Services Alliance project, and the existing River Hills single family neighborhood. This area is seen as the City's major development area in 1999 and 2000. A Central Business District Plan will be developed in 1999 and land acquisition and assembly will begin shortly after plan adoption. As indicated previously, the City will plan for this area to develop as a retail focus with entertainment, service business and housing. The Valley Senior Services Alliance project is a phased project projected over the five years beginning in 1999. A description of the project elements is found -in the land use section of the Development Framework. The Valley Senior Services Alliance project has been carefully planned so as to provide adequate separation and screening from residents in the River Hills and Autumn Ridge neighborhoods. The district is well accessed by Highway 36, Norell Avenue, Oakgreen Avenue, and 58th Street. The extension of 58th Street between Norell and Oakgreen Avenues is projected for completion in 1999. The area remaining after installation of 58th Street south to the River Hills neighborhood is planned as park facilities /open space. The City will maintain this area as a lineal park and the location of the 58th Street trail connection to Oakgreen Avenue. The local street system through the first phase of the Valley Senior Service Alliance project is also projected for 1999. As a part of the Valley Senior Service Alliance project, development of a 24 acre park is planned. The park would emphasize passive recreational activities with a picnic shelter, tot lot, sliding hills and walking trails. The sidewalks and trails throughout the Valley Senior:Services Alliance project would provide interconnections to the existing trail system along 58th Street and access to the Autumn Ridge and River Hills neighborhoods. Although roadway access had been planned to this area from Autumn Ridge and River Hills, the change in type of housing, resulting from the Valley Senior Services Alliance project dictates that pedestrian and trail access would be more appropriate. OAK PARK HEIGHTS COMPREHENSIVE PLAN UPDATE DEVELOPMENT FRAMEWORK 95 J A T: --�fflGHWAY'- F. z- Y ol 100, R -1 Sin Famil Residential B-3, Hi Business and Warehouse R-2, Low & Medium Densit Residential B-W, Business/warehouse R-3, Multiple Famil Residential 1, Industrial R-B, Residential/Business Transitional open space conservation CBD, Central Business District PUD, Commercial Planned Unit Development B-2, General Business PUD, Residential Planned Unit Development 1 1 0'dp` 7 Public/Institutional (Zoned 0, Open Space Conservation) Parks (Zoned 0, Open Space) Wetland/Pondin Areas Cit of Oak Park Hei N EXHIBIT 2 ,el ZONING MAP � I 350 175 0 350 F90 ZONING DISTRICT A" A T: --�fflGHWAY'- F. z- Y ol 100, R -1 Sin Famil Residential B-3, Hi Business and Warehouse R-2, Low & Medium Densit Residential B-W, Business/warehouse R-3, Multiple Famil Residential 1, Industrial R-B, Residential/Business Transitional open space conservation CBD, Central Business District PUD, Commercial Planned Unit Development B-2, General Business PUD, Residential Planned Unit Development 1 1 0'dp` 7 Public/Institutional (Zoned 0, Open Space Conservation) Parks (Zoned 0, Open Space) Wetland/Pondin Areas Cit of Oak Park Hei N EXHIBIT 2 ,el ZONING MAP � I 350 175 0 350 F90 ZONING DISTRICT 9 n u i i I i f � i d „ i i t ' i r r � r I I I M I � � I I I I � I I I - 1 J I� I , s \ / Y EXHIBIT 3 NVId 31IS A8dN1mn38d ,ar, - OZ)O c xw �; °" o o 1o� jtt � aNI smjOiLS L8vW *lvm ■s■o 4 � �lF m uwway /�`l os"I •oionuti m 1 •ID)s *to {v 5" +41 J""J" 1Il OW" SLHJI IH )IUVd XVO uMOt� j*sufbu3 ID&MG 4 P'ru.aj Ajnp o " 1 10—[994 3�OlS NOISNb�dX3 l�dW �b�M 6 ,{�, • . 6f y►uuold . 6u� �8� �. ►..a �,'" �" u°ld �XJIVW 44"y 1 ` ��,�9�" '�"" Y suols °o'" . . 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L / � 1 I I I � ► I I � I ! � I ' I I � i 1 773yoN . , _ . s • j i j • oh r; 1 �. ry4 ►l r ASD i h � �• p� N t� 0 ■ 9 *401.301 CENTRAL BUSINESS DISTRICT 401,301.A. PURPOSE: The CBD District is intended to provide a district accommodating those retail sales, service and office functions which are characteristic to a "downtown" area and to allow a downtown area to expand, develop and redevelop while maintaining the desired character. 401.301.13. PERMITTED USES: The following are permitted uses in a CBD District: 1. Banks, savings institutions, credit unions and other financial institutions. 2. Business, commercial, or trade schools. 3. Clinics, for people only. 4. Day care - group nursery (within single occupancy freestanding building). 5. Government and public utility buildings. 6. Motels, motor hotels and hotels. 7. Restaurants, cafes, tea rooms taverns off -sale liquor and con; lenience food a � establishments without a drive -in facility. 8. Retail sales. 9. Commercial service uses. 10. Commercial recreation. 11. Libraries. 12. Offices, business or professional, including ticket sales. 13. Theaters, excluding drive -in type of service. 14. Club or lodge halls serving food and beverage. *Amended Ord. No. 98- 401 -04, 11 August 1998 • 301 -1 EXHIBIT 5 15. Parking or garages, other than those accessory to a principle use, for the parking and storage of private passenger vehicles only. Is 16. Rental services conducted entirely within a building. 17. Artistic and handicraft uses such as artists studios, ceramic shop, pottery works, candle making, light metal working, provided at least twenty -five (25) percent of the total floor space at the front of the building on the street level is used for sales and display purposes. 18. Dwelling units located above street level in non- residential structures. 401.301.C. INTERIM USES: The following are interim uses in a CBD District: None 401.301.D. ACCESSORY USES: The following are permitted accessory uses in a CBD District: 19. Off- street parking as regulated by Section 401.151 of this Ordinance, but not including semi -- trailer trucks. 20. Off- street loading as regulated by Section 401.151 of this Ordinance. 21. Radio and television receiving antennas including single satellite dish TVROs two (2) meters or less in diameter, short -wave radio dispatching antennas, or those necessary for the operation of household electronic equipment including radio receivers, federally licensed amateur radio stations and television receivers, as regulated in Section 401.15.P of this Ordinance. 401,301.E, CONDITIONAL USES. The following are conditional uses in a CBD District: (Requires a conditional use permit based upon procedures set forth in and regulated by Section 401.03 of this Ordinance). 1. Custom manufacturing, restricted production and repair limited to the following: watches, dentures, optical lenses and medical supplies, provided that: a. Such use is accessory as defined by Section 401.02.13. of this Ordinance to the principal use of the property. 301 -2 b. Does not conflict with the character of development intended for this district. C. The provisions of Section 401.03.A.8. of this Ordinance are considered and satisfactorily met. 2. Open or outdoor service, sale and rental as an accessory use, but not including new or used automotive, truck, motorcycle or trailer rental or sales lots, provided that: a. Outside service, sales and equipment rental connected with the principal use is limited to thirty (30) percent of the gross floor area of the principal use. b. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with Section 401.15.E. of this Ordinance. C. All lighting shall be hooded and so directed that the light source shall not be visible from the public right -of -way or from neighboring residences and shall be in compliance with Section 401.15.B.7. of this Ordinance. d. . Sales area is grassed or surfaced to control dust. I* e. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. f. Boats, jet -skis, ATVs and other small motorized vehicles are stored indoors at night. 3. Commercial planned unit development as regulated by Section 401.06 of this Ordinance. 4. Day care -group nursery (within multiple occupancy building) provided that: a. Use Compatibility. The operation and function of the day care facility must be compatible with other existing uses within the building. This compatibility is to be based upon the nature of the day care use in relation to the operation of the other existing uses within the building and the satisfactory resolution of conditions (b-g) of this Ordinance. b. Building Plans. The building plans for the construction or alteration of a structure that is to be used for a day care facility shall be submitted to the City for review by the City Building Official to determine compliance with the State Building Code. The facility shall also meet the following conditions: Is 301 -3 1) The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment of property values or constitute a blighting influence within a residential distance of the lot. 2) The day care facility shall be located in a portion of the building separated from the other uses located within the structure. 3) The day care facility shall be adequately sound- proofed to remove extraneous noise that would interfere with the day care operation and would affect the health, safety and welfare of the day care participants. Adequate sound - proofing must also be provided to prevent disruptive noise generated by the day care facility from interfering with the operation of the adjacent uses within the building. 4) Internal and external site land use compatibility and sufficient peripheral area protection shall be provided by the day care facility. C. Screening. Where any outdoor recreational or play area for the day care facility abuts any commercial or industrial use or zoned property, the play area shall be screened along all exposed perimeters. All of the required fencing and screening shall comply with the fencing and screening requirements in Section 401.15.E. of this Ordinance. d. Parking. When a day care facility is within a structure containing another principal use, each use shall be calculated separately for determining the total off- street parking spaces required. e. Loading. One (1) off- street loading space in compliance with Section 401.151. of this Ordinance shall be provided. f. Signage. All signing and informational or visual communication devices shall be in compliance with Section 401.15.G. of this Ordinance. g. Conditional Use and State Regulations. . Day care group nursery facilities shall be subject to the regulations and procedures of Section 401.03 of this Ordinance and the minimum licensing requirements, as may be amended, of the Minnesota Department of Human Services. 301 -4 1* 5. Cellular telephone antennas not located on a public structure, provide that: a. The provisions of Section 401.03.A.8. and Section 401.15.P. of this Ordinance are considered and satisfactorily. 6. Two family, townhomes and multiple family dwellings, provided that: a. At least two parking spaces per unit must be provided on site, or proof is shown of arrangements for private parking nearby. b. No physical improvements, either interior or exterior, may preclude future re- use for commercial purposes. C. Unit floor areas must comply with Section 401.15.C.6. d. Compliance with conditional use requirements of Section 401.03.A.8. e. The development does not conflict with existing or potential future commercial uses and activities f. The density standards imposed as part of the R -3 Zoning District are complied with. g. Adequate open space and recreational space is provided on site for the benefit of the occupants. h. The development does not conflict or - result . in incompatible land use arrangements as related to abutting residential uses or commercial uses. L Residential use be governed by all applicable standards of the Zoning Ordinance, Building Code, Housing Code and Fire Codes. j. Residential and non - residential uses shall not be contained on the same floor. k. Residential uses shall be provided with a separate entrance, and separately identified parking stalls. 7. Buildings in excess of three (3). stories or thirty-five (35) feet, provided that: a. The site is capable of accommodating the increased intensity of use. 301 -5 b. The increased intensity of use does not cause an increase in traffic volumes beyond the capacity of the surrounding streets. I* C. Public utilities and services are adequate. d. For each additional story over three (3) stories or for each additional ten. (10) feet above thirty-five (35) feet, front and side yard setback requirements shall be increased five (5) feet, except for elderly public housing. e. The provisions of Section 401.03.A.8. of this Ordinance considered and satisfactorily met. 301 -6 401,30. 13-2, GENERAL BUSINESS DISTRICT I* 401.30.A. Purpose. The purpose of the B -2, General Business District is to provide for high intensity, retail or service outlets which deal directly with the customer for whom the goods or services are furnished. The uses allowed in this district are to provide goods and services on a community market scale and located in areas which are well served by collector or arterial street facilities. 401.303. Permitted Uses. The following are permitted uses in a B -2 District: 1. Any permitted use in the B -1 District. 2. Banks, savings institutions, credit unions and other financial institutions. 3. Business, commercial, or trade schools. 4. Clinics, for people only. 5. Day care - group nursery (within single occupancy freestanding building). 6. Government and public utility buildings. 7. Motels, motor hotels and hotels provided that the lot area contains not less than five hundred (500) square feet of lot area per unit. 8. Restaurants, cafes, tea rooms, taverns and off -sale liquor. 9. Retail sales. 10. Commercial service uses. 11. Commercial recreation. 12. Libraries. 13. Offices, business or professional, including ticket sales. 14. Optical laboratories. 15. Sexually oriented use - principal and accessory. 30 -1 EXHIBIT 6 1 B. Theaters, excluding drive -in type of service. I* 401.30.0. Interim Uses. The following are interim uses in a B -2 District: 1. None. 401.30.D. Accessory Uses. The following are permitted accessory uses in a B -2 District: 1. All permitted accessory uses as allowed in a B -1 District. 2. Semi -Truck parking. 401.30.E. Conditional Uses. The following are conditional uses in a B -2 District: (Requires a conditional use permit based upon procedures set forth in and regulated by Section 401.03 of this Ordinance). 1. Drive -in and convenience food establishments provided that: a. The architectural appearance and functional plan of the building and site shall not .be so dissimilar. to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. b. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Section 401.15.E. of this Ordinance. C. Each light standard island and all islands in the parking lot landscaped or covered. d. Parking areas shall be screened from view of abutting residential districts in compliance with Section 401.15.E. of this Ordinance. e. Parking areas and driveways shall be curbed with continuous curbs not less than six (6) inches high above the parking lot or driveway grade. f. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movements, shall comply with Section 401.15.F. of this Ordinance and shall be subject to approval of the City Engineer. 30 -2 1* g. All lighting shall be hooded and so directed that the light source is not visible from the public right -of -way or from an abutting residence and shall be in compliance with Section 401.15.8.7. of this Ordinance. h. The entire area shall have a drainage system which is subject to the approval of the City Engineer. L The entire area other than occupied by buildings or structures or plantings shall be surfaced with a material which will control dust and drainage and which is subject to the approval of the City Engineer. j. All signing and informational or visual communication devices shall be in compliance with Section 401.15.G. of this Ordinance. k. The provisions of Section 401.03.A.8. of this Ordinance are considered and satisfactorily met. 2. Car washes (drive through, mechanical and self- service) provided that: a. The architectural appearance and functional plan of the building and site shall not be dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. b. Magazining or stacking space is constructed to accommodate that number of vehicles which can be washed during a maximum thirty (30) minute period and shall be subject to the approval of the City Engineer. C. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Section 401.15.E. of this Ordinance. d. Parking or car magazining storage space shall be screened from view of abutting residential districts in compliance with Section 401.15.E. of this Ordinance. e. The entire area other than occupied by the building or plantings shall be surfaced with material which will control dust and drainage which is subject to the approval of the City Engineer. f. The entire area shall have a drainage system which is subject to the approval of the City Engineer. 30 -3 g. All lighting shall be hooded and so directed that the light source is not visible from the public right -of -way or from an abutting residence and shall be in compliance with Section 401.15.13.7. of this Ordinance. h. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movement and shall be subject to the approval of the City Engineer. L All signing and informational or visual communication devices shall be in compliance with Section 401.15.G. of this Ordinance. j. Provisions are made to control and reduce noise. k. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. 3. Motor fuel station, auto repair -minor and tire and battery stores and service, provided that: a. Regardless of whether the dispensing, sale of offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this Ordinance for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property. b. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. C. The entire site other than that taken up by a building, structure or plantings shall be surfaced with a material to control dust and drainage which is subject to the approval of the City Engineer. d. A minimum lot area of twenty thousand (20,000) square feet and minimum lot widths of one hundred fifty (150) feet. e. A drainage system subject to the approval of the City Engineer shall be installed. f. A curb not less than six (6) inches above grade shall separate the public sidewalk from motor vehicle service areas. 30-4 g. The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right - of -way and shall be in compliance with Section 401.15. B.7. of this Ordinance. h. Wherever fuel pumps are to be installed, pump islands shall be installed. L At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Section 401.15.E. of this Ordinance. j. Parking or car .magazine storage space shall be screened from view of abutting residential districts in compliance with Section 401.15.E. of this Ordinance. k. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Section 401.15.F. of this Ordinance and shall be subject to the approval of the City Engineer. . I. All signing and informational or visual communication devices. shall be minimized and shall be in compliance with Section 401.15.G. of this .Ordinance. M. Provisions are made to control and reduce noise. *n. No outside storage except as allowed in compliance with Section 401.30.E:5 of this Ordinance. *o. Sale or products other than those specifically mentioned in this subdivision be subject to a conditional use permit and be in compliance with Section 401.30.E.6 of this Ordinance. p. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. q. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. * Amended Ord. No. 97- 401.02, October 14, 1997 1* 30 -5 r. The City may allow a motor fuel pump canopy to encroach ten (10) feet into a required setback provided the canopy support structure does not encroach • on the setback and the setback encroachment will not result in an obstruction of traffic visibility. 4. Custom manufacturing, restricted production and repair limited to the following: art, needlework, jewelry from precious metals, watches, dentures, optical lenses and medical supplies, provided that: a. Such use is accessory as defined by Section 401-02-B. of this Ordinance to the principal use of the property. b. Does not conflict with the character of development intended for this district. C. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. 5. Open and outdoor storage as an accessory use provided that: a. The area is fenced and screened from view of neighboring residential uses or if abutting a residential district in compliance with Section 401.15.E. of this Ordinance. b. Storage is screened from view from public right -of -way in compliance with Section 401.15.E. of this Ordinance. C. Storage area is grassed or surfaced to control dust. d. All lighting shall be hooded and so directed that the light source shall not be visible from the public right- of-way or from neighboring residences and shall be in compliance with Section 401.15.B.7. of this Ordinance. e. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. *6. Open and outdoor services, sale, and rental as a principal or accessory use and automobile repair minor as an accessory use including new or used automotive trucks, boats, or motorized vehicles and related accessory sales and provided that: a. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with Section 401.15.E of this Ordinance. * Amended Ord. No. 99- 401 -08, 26 October 1999 30-6 b. All lighting shall be hooded and so directed that the light source shall not be visible from the public right -of -way or from neighboring residences and shall be in compliance with Section 401.15.13.7 of this Ordinance. C. Sales and storage area is blacktopped or concrete surfaced and all paved areas are surrounded by concrete curbing. d. The architectural appearance, scale, construction materials, and functional plan of the building and site shall not be dissimilar to the existing nearb commercial and residential buildings, and shall not cause impairment in property values, or constitute a blighting influence within a reasonable distance of the site. e. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the City's ability to provide utility, police, fire, administrative or other services to the site. f. All islands in the parking lot shall be landscaped. g. A strip of not less than ten (10) feet shall be landscaped at the edge of all parking /driveway areas adjacent to lot lines and the public right -of -way. h. All automobile repair activities shall be conducted within the principal structure and the doors to the service bays shall be kept closed except when vehicles are being moved in or out of the service areas. L Facilities on a site contiguous to any residential district shall not be operated between the hours of 10:00 PM and 6:00 AM unless otherwise allowed b formal action of the City Council. j. Provisions are made to control and reduce noise in accordance with Section 401.15.6.11 of this Ordinance. k. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Section 401.15. 17 of this Ordinance and shall be subject to the approval of the City Engineer. I. A drainage system subject to the approval of the City shall be installed. 30 -7 M. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Section 401.15.G of this i Ordinance. n. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. 7. Commercial planned unit development as regulated by Section 401.06 of this Ordinance. 8. Day care -group nursery (within multiple occupancy building) provided that: a. Use Compatibility. The operation and function of the day care facility must be compatible with other existing uses within the building. This compatibility is to be based upon the nature of the day care use in relation to the operation of the other existing uses within the building and the satisfactory resolution of conditions (b -g) of this Ordinance. b. Building Plans. The building plans for the construction or alteration of a structure that is to be used for a day care facility shall be submitted to the City for review by the City Building Official to determine compliance with the State Building Code. The facility shall also meet the following conditions: 1) The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment of property values or constitute a blighting influence within a residential distance of the lot. 2) The day care facility shall be located in a portion of the building separated from the other uses located within the structure. 3) The day care facility shall be adequately sound - proofed to remove extraneous noise that would interfere with the day care operation and would affect the health, safety and welfare of the day care participants. Adequate sound- proofing must also be provided to prevent disruptive noise generated by the day care facility from interfering with the operation of the adjacent uses within the building. 4) Internal and external site land use compatibility and sufficient peripheral area protection shall be provided by the day care facility. 30 -8 • C. Screening. Where any outdoor recreational or play area for the day care . facility abuts any commercial or industrial use or zoned property, the play area shall be screened along all exposed perimeters. All of the required fencing and screening shall comply with the fencing and screening requirements in Section 401.15.E. of this Ordinance. d. Parking. When a day care facility is within a structure containing another principal use, each use shall be calculated separately for determining the total off- street parking spaces required. e. Loading. One (1) off - street loading space in compliance with Section 401.15.F. of this Ordinance shall be provided. f. Signage. All signing and informational or visual communication devices shall be in compliance with Section 401.15.G. of this Ordinance. g. Conditional Use and State Regulations. Day care group nursery facilities shall be subject to the regulations and procedures of Section 401.03 of this Ordinance and the minimum licensing requirements, as may be amended, of the Minnesota Department of Human Services. 9. Cellular telephone antennas not located on a public structure, provided that: a. The provisions of Section 401.03.A.8 and Section 401.15.P of this Ordinance are considered and satisfactorily. *10. Automobile repair -major as an accessory use limited only to new and used automobile dealerships not including truck or other vehicle repair, provided that: a. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with Section 401.15.E of this Ordinance. b. All lighting shall be hooded and so directed that the light source shall not be visible from the public right -of -way or from neighboring residences and shall be in compliance with Section 401.15.B.7 of this Ordinance. C. Sales and storage area is blacktopped or concrete surfaced and all paved areas are surrounded by concrete curbing. * Amended Ord. 99- 401 -08, 20 October 1999 • 30 -9 d. The architectural appearance, scale, construction materials, and functional plan of the building and site shall not be dissimilar to the existing nearby commercial and residential buildings, and shall not cause impairment in property values, or constitute a blighting influence within a reasonable distance of the site. e. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the City's ability to provide utility, police, fire, administrative or other services to the site. f. All islands in the parking lot shall be landscaped. g. A strip of not less than ten (10) feet shall be landscaped at the edge of all parking /driveway areas adjacent to lot lines and the public right -of -way. h. All automobile repair activities shall be conducted within the principal structure and the doors to the service bays shall be kept closed except when vehicles are being moved in or out of the service areas. i. Facilities on a site contiguous to any residential district shall not be operated between the hours of 10:00 PM and 6:00 AM unless otherwise allowed by formal action of the City Council. I* j. Provisions are made to control and reduce noise in accordance with Section 401.15.B.11 of this Ordinance. k. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Section 401.15.17 of this Ordinance and shall be subject to the approval of the City Engineer. I. A drainage system subject to the approval of the City shall be installed. M. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Section 401.15.0 of this Ordinance. n. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. 30 -10 • 0 * d. All setback distances, as listed in the'table below, shall be measured from the appropriate lot line. r� District Front Yard Side Yard Rear Yard O 50 feet 30 feet 50 feet R -1 30 feet' 10 feet 30 feet R -1A 30 feet' 10 feet 30 feet R -1 B 30 feet 10 feet 30 feet R -1 C 30 feet' 15 feet 30 feet R -2 30 feet' 10 feet 30 feet R -3 30 feet' 20 feet 30 feet R -B 30 feet 10 feet' 30 feet B - 1 30 feet 20 feet' 30 feet B -2 40 feet 10 feet' 20 feet B -3 40 feet 10 feet' 20 feet CBD No minimum No minimum No minimum B -W 50 feet 20 feee 20 feet 50 feet 30 feet 40 feet ' Where adjacent structures within same block have front yard setbacks different from those required, the front yard minimum setback shall be the average of the adjacent structures. if there is only one (1) adjacent structure, the front yard minimum setback shall be the average of the required setback and the setback of adjacent structures. 2 Not less than thirty (30) feet from lot line, if lot is on a corner. 3 Not less than twenty (20) feet from lot line, if lot is on a corner. 4 Not less than fifty (50) feet from a lot if lot abuts a residential zoning district. 5 There shall be no front yard, exterior side yard or rear yard requirements, except that there shall be a required setback within CBD District boundaries when such boundaries are adjacent to a residential district. In such cases, the setback shall be the same as the setback for the adjacent district. There shall be no interior side yard required in the CBD District, except that in such cases where a side yard is provided it shall be a minimum of five (5) feet in width. *Amended Ord. 99- 401 -01, 26 January 1999 e. The following shall not be considered as encroachments on yard setback requirements: EXHIBIT 7 15 -15 e) The reduction will not obstruct traffic visibility, cause a public safety problem and complies with Section 401.15.6.6 of this 18 Ordinance. The conditions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. ** 2. Area and Building Size Regulations. This section identifies minimum area and building size requirements to be provided for in each zoning district as listed in the table below: District Lot Area Lot Width Building Height O 5 acres 200 feet 35 feet R -1 10,400 SF 80 feet 35 feet R -1A 12 SF 85 feet 35 feet R -1 B 15,000 SF 90 feet 35 feet R -1 C 20,000 SF 100 feet 35 feet R -2 10,400 SF, 80 feet 35 feet R -3 15,000 SF 100 feet 35 feet R -B 15,000 SF 100 feet 35 feet B -1 15,000 SF 100 feet 35 feet B -2 15 SF 100 feet 35 feet B._.,`3 15,000 SF 100 feet 35 feet CBD No minimum No minimum 35 feet B -W 30,000 SF 100 feet 35 feet 1 1 1 acre 100 feet 45 feet * Amended Ord. 97-- 401.02, October 14, 1997 Amended Ord. 99-401 -01, 26 January 1999 15 -17 EXHIBIT 8 1* 0 (ENCLOSURE "�4 i, e ' C ity of ar k Heights 14168 Oak Park Blvd. N • Box 2007 o Oak Park Heights, MN 55082 • Phone (651) 439 -4439 • Fax (651) 439 -0574 January 7' 2005 MEMO 0 TO: Planning Commiss ok4seermit FROM: Eric Johnson, City RE: VSSA - Conditional 0 Request -- Soil Remediation Activities The City's Engineer Dennis Postler is still in the process of reviewing this request and is awaiting some final information from the Applicant's consultant (GME). Generally speaking the project appears to meet the process requirements set forth by the Minnesota Pollution Control Agency and the: scope of work appears to materially address the City's concerns. I hope to have Dennis' formal report prior to the Planning Commission as well as his recommendations for approval by Thursday, January 13" in the AM. imam loop PLOW 2J m-0� CITY OF OAK PARK HEIGHTS ♦ DEVELOPMENT APPLICATION 14168 Oak Park Boulevard Base Fee: !too . to P. O. Box 2007 Oak Park Hei MN 55082 Escrow Amount: 9 ( 651 ) 439-4439 Fax: ( 651 ) 439-0574 Street Location of Property faxe=U 4--- sg �'5*fm* N wtet� tr LUT Loa 19 Le Description of Propert too 40Q &*~ Owner: Name Id- - zm< Ad,& I &L Jd4e0 w Address: 9LCqS PW6 % City: V I L. uE State: bA zip: J ! 13 Tel6phone: ( Home) ( Business) - !e'SI X031 4.300 ( Fax ) (Other) A wo 1A to 1-1 S, MIM t CE Applicant: N ame 12 W W (%-- Address: 6 00" Is NO • 1119r A0 +9 IF W • SW 1 � �� Cit G5 0 Uff State: M*). - zip: .SS /�.3 Telephone: ( Home ) ( Business ) Am-, (o;3 t6 ( Fax ) (sSC— b3l — b3 0 ( Other ) .. ... T of Re Z6nin District Amendment Home Occupation Conditional Use Permit Site Plan Review Variance: Sin Family Residential PUD: Amendment Variance: Other Residential /Commercial /Industrial PUD: Concept Plan Subdivision - PUD: General Plan Subdivision: Minor Street Vacation Comprehensive Plan Amendment City Financial Assistance Description of Re If a re for plannin /zonin action on the subject site or an part thereof has been previously approved, please describe it below: Owner/Applicant Initials - Development Application, Page 2 • General Conditions I* Application Review The undersigned acknowledges that before this request can be considered and/or approved, all required information and fees, including any deposits, must be paid to the City. 'An incomplete application will be returned to the applicant. The application approval process commences and an application is considered complete when all required information and fees are submitted appropriately to the City. Professional Fee Responsibility It is the understanding of the undersigned that all City incurred professional fees and expenses associated with the processing of this request(s) will be promptly paid upon receipt. If payment is not received from the applicant, the properly owner acknowledges and agrees to be responsible for the unpaid fee balance either by direct payment or a special assessment against the property. Applicants will be billed on a monthly basis for Planning, Engineering, Legal and Community Development fees as they are accrued. It is understood that interest will be charged on the account at the maximum rate allowed by the Fair Credit Act if it becomes thirty (30) days past due. Failure to pay administrative and processing fees in a timely manner may result in denial of the application. All fees must be paid at the time of application and shall be paid prior to the issuance of a building permit. The undersigned applicant further acknowledges and consents that all unpaid fees owing the City of Oak Park Heights shall be treated as unpaid utility fees and may be certified for collection as with delinquent utility billings and may be assessed against the subject real property if unpaid by October.39 of each year. Property Address 1 Applicant Si VW Si? f� 4.TwT� 'SF • + ZD #' 0502.7 "1 4 0 0 0 2 10% Date L Z7 O Date: 0 PROJECT CONTACT LIST 0 OWNER: Senior Housin Partners 2845 North Hamline Avenue, Suite 100 Roseville, Minnesota 55113 Contact: Mr. Mike Price Phone: (651) 631-6316 Fax: (651) 631-6302 Email: mprice@seniorpartners.com Excavating Contractor: Carl Bolander & Sons Compan 251 Starke Street P.O. Box 7216 St. Paul, Minnesota 55107 Contact: Mr. Scott Flesch Phone: (612) 366-6594 Fax: (651) 223-8197 Environmental Consultant: GME Consultants, Inc. 14000 21st Avenue North Pl Minnesota 55447 Contact: Mr. Eric Stommes Phone: (763) 559-1859 Fax: (763) 559-0720 Email: estommes@ 0 t C. The City Clerk shall place the matter on the agenda for the month next following the filing of the written notice of appeal. D. The City Council may reverse or affum wholly or in part, or may modify the decision or determination of the City Engineer and may direct the issuance of the Building Permit. 308.07 I* � Maintenance of_Draina Wherever the City Engineer has given written recommendations for any drainage site plan, the property owner and applicant for the Building Permit shall warrant and provide to the City of Oak Park Heights, on a form prescribed and approved to the City of Oak Park Heights, a written agreement of the property owner with the City of Oak Park Heights guaranteeing that the property owner, his successors, heirs, and/or assigns shall implement and maintain the drainage site plan as approved by the City of Oak Park Heights and shall not alter by act, omission, or otherwise the drainage plan without the written prior consent of the City Council. Ahm No person make any change, alteration, otherwise obstruct, or interfere with -any drainage ditch, culvert, or storm sewer upon any private property which has been approved by the City of Oak Park Heights without first having obtained prior approval by the City of Oak Park Heights. Load2cclamation ami 0 dint . Within this ordinance, land reclamation is the reclaiming of land by depositing or moving materials so as to alter the grade. Land reclamation shall be permitted only by Conditional Use Permit in all districts. Depositing a total of more than twenty - Ave (25) cubic yaids of material per acre, either by hauling in fill or regrading the area, constitute land reclamation. Land reclamation in all flood plains shall be m accordance with the Flood Plain. Ordinance. The permit shall include, as a condition thereof, a finished grade plan which shall not adversely affect adjacent land, shall regulate the type of material permitted, program for rodent control, plan for fire control, and general maintenance of the site, controls for vehicular ingress and egress, drainage, and control of materials disbursed from wind and/or hauling of material to and from the site, Euf Qrc= . e.nA - liolation violation of aoy provision of this Ordinance is declared to be a nuisance affec ' g the public health, safety, and general welfare and shall be prohibited as spe �ted in Section 1501 of the Code of Ord.�nances of the City of Oak Park Heights. 3 . V8.V7 GME CONSULTANTS, INC. CONSULTING ENGINEERS 14000 21st Ave. No. / Minneapolis, MN 55447 Phone (763) 559-1859 /Fax (763) 559-0720 December 23, 2004 Mr. Eric A. Johnson Cit Administrator Communit Development Department Cit of Oak Park Hei 14168 Oak Park Boulevard P.O. Box 2007 Oak Park Hei Minnesota 55082-2007 ram A160 Ell GME Project No. 7735-E RE: Soil Correction at the vacant lot in the southwest ( of Oak A venue and 58th Street North, in Oak Park Hei Minnesota (Parcel -ID # 0502920140002) Dear Mr. Johnson: In this letter, we provide information as re in y our December 16, 2004 letter re the Conditional Use Permit (CUP) for Senior Housin Partners (SHP), the Propert owner. You hi 12 items on the development application checklist which are addressed below. 1) Application form and pa for fees (attached) 2) Proof of ownership or authorization to proceed as applicant (attached) 3) A parcel search, includin mailin labels, obtained from Washin Count locatin all properties within 500 feet of the exterior boundaries of the subject propert (attached) 4) Project Narrative SHP hired GME Consultants,, Inc, to provide environmental consultin services, includin Phase I and II Environmental Site Assessments (ESAs). We found low level petroleum contamination in the soil and buried debris in three locations on the Propert labeled areas 1, 2, 3 on the attached dia SHP proposes to excavate and dispose of the impacted material which is estimated to be about 800 cubic y ards. These three areas are further described below. ➢ Area I - It appears that fill soil with debris had been deposited in this former "low" area in the past. We estimate that the fill soil with debris is about 4 to 5 feet below existin g rade at its deepest location, which thins out to its perimeter. WILLIAM C. KWASNY, P.E. THOMAS R VENEMA, P.E. GREGORY R. REUTER, RE., P.G. RYAN F. SCHMIDT, P.E. WILLIAM E. BLOEMENDAL, P.E. RICHARD W. PENNINGS, P.E. An E Opportunit Employer o- . Mr. Eric A. Johnson 2 GME Project No. 7735 -E December 23, 2004 ➢ Area 2 - W4 previously observed scattered surface petroleum staining in this area. We estimate that the upper 1 to 2 feet of soil is impacted. ➢ Area 3 - This area was- reportedly the former location of a basement on the Property. It appears that fill soil with debris had been deposited in the former basement. We estimate that the basement floor slab is about 8 feet below grade. Our Environmental Scientist will be present on the Property during the removal process, to conduct field testing and observe the excavated materials. Following excavation, we plan to collect confirmation soil samples from the bottom and sidewalls of the excavations for analytical testing. The confirmation samples will determine whether residual contaminated soil remains. Following confirmation that the contaminated soil has been removed, SHP proposes to backfill the excavations to original grade with a suitable soil. Since backfilling of the excavations could occur two to three weeks after excavation, the sidewalls will .be sloped for safety. SHP has enrolled this site in the Minnesota Pollution Control Agency (MPCA) Voluntary Investigation and Cleanup (VIC) and the Voluntary Petroleum Investigation and Cleanup (VPIC) programs. These programs will provide technical assistance and review services and may provide legal assurances through closure letters upon project or objective completion. 5 ) Contact information list ( attached) 6 ) Schematic drawing of proposed development ( attached) 7) Property Survey /Lot Dimension Plan (attached) 8 ) Grading and Drainage Plan A grading and drainage plan was not prepared because no permanent grade changes are being proposed at this time. SHP is planning to remove the impacted fill soil and debris from the Property and backfill the excavations to existing conditions. 9 ) Existing Site Conditions Plan ( see Property Survey /Lot Dimension Plan) 10 ) Site Development Plan Development of the Property is not planned at this time. SHP is planning to remove the impacted fill soil and debris from the Property and return the surface grade to existing conditions. 11) Traffic /Vehicular Management Plan SHP contracted Carl Bolander & Sons Company ( Bolander) to excavate these materials and load it directly into trucks for disposal at the SKB landfill in Rosemount, Minnesota. Prior to hauling the material, Mr. Eric A. Johnson 3 GME Project No. 7735-E December 23, 2004 Bolander intends to place landscape fabric overlain by Class 5 gravel over the Oakgreen Avenue and 58 Street concrete road curbs and landscaping, to minimize damage from the trucks and heavy machinery. Bolander will place "Truck Hauling" signs on oakgreen Avenue and 58 Street during transport activities. 12 ) Copies of Plans ( attached) If you have questions regarding this project, please contact us. Sincerely, GME CONSULTANTS, INC. Eri P. mmes Senior ironmental Scientist Pro' ct Manager Richard W. PeAnings, P.E. Senior Environmental Engineer CC: Mr. Mike Price -- Senior Housing Partners Mr. Dick Travis - Carl Bolander & Sons Company 0 r� L� OAKGREEN AVENUE NORTH is I* RESIDENCE 1 i 1 0 Z 1 t5 ! I ! w FORMER OFFICE/COAL. • GARAGE STORAGE BASEMENT AREA 3 TP ti r l;rA 1�7-151 TP-5 TP-7 __ eT?--Jlj I _� TP-6 TP-2 -3 TP-4 TP-1 6 (8) AREA 2 TP- 1 (9 TP-10 AREA 1 WOODED AREA TP-1 1 WOODED AREA TP-12 WETLAND ♦ __.. i ......... EXISTING FILL PILES 1 � l I LEGEN APPROXIMATE PROPERTY BOUNDARY TREE LINE (APPROXIMATE) WETLAND (APPROXIMATE ® JEST PITS PROPOSED APPROXIMATE EXCAVATION AREAS APPROXIMATE SCALE o f FEET 60' NOTE: ALL LOCATIONS ARE APPROXIMATE u 9 } Q r - 1 ' Q ZOUD SWY or* { � E ZZIUM HLQ9 I •{ i �i { I SLOZLno o� r � o a' i 3 SMY 96'1; c MY U 7 { 0 o�Lrlo � o { o sir 9L�0 D XOU 0 y; E y � { A 10 0 I� l E r so o i I slwv sLr Sir 961 { ' I y 1 1 � E javom Inmy MNMM v r� -3 n a , 7 6LOU120 v► v + S32gV S1'9 v+ v v + v3 3.,; s ( I� { I� { I B.LtlON imm BL69 S"V L-r ` 1R Z07•LI20 ` { I I � � S3SJY o02' N 107ZDO � E I ! � i sin's E ,u a• ' tr gar arxxs • � f/ M'1 A►M/ 0 1 0 1 0 PLANNING COMMISSION 2005 Regular Meeting Dates 8� Council representation Schedule Meetings are the 2nd Thursday of each month Public hearing items are required to be submitted 30 days in advance of the scheduled meeting date. This date is located in the 2nd column. Public Meeting Date Hearing Submittal Council Representative January 13 December 15, 2004 Commissioner Oswald February 10 January 12 Commissioner Dwyer March 10 February 9 Commissioner Liljegren April 14 March 16 Commissioner Wasescha May 12 April 13 Commissioner Runk June 9 May 11 Commissioner Oswald July 14 June 15 Commissioner Dwyer August 11 July 13 Commissioner Li1jegren September 8 August 10 Commissioner Wasescha October 13 September 14 Commissioner Runk November 10 October 12 Commissioner Oswald December 8 November 9 Commissioner Dwyer 06 January 12 December 14, 2005 Commissioner Liljegren Updated: October 25, 2004