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Home My WebLink About2019-05-30 WC Recorded CUP Amendment #4194981Receipt:# 431891 PER $46.00 Return to: E - SIMPLIFILE 4844 North 300 West Suite 202 Provo UT 84604 4194981 111111 VIII VIII VIII VIII VIII VIII IIII IIII Certified Filed and/or recorded on: 5/30/2019 10 02 AM Office of the County Recorder Washington County, Minnesota Jennifer Wagenius, County Recorder STATE OF MINNESOTA COUNTY OF WASHINGTON ss. CITY OF OAK PARK HEIGHTS rrl�� 1111,111 R-1.1pa W� -, NIM. ITMvirr, I "i 1ITI"On First Amendment to peff I-& For Menard, Inc 111111111 IF 111! !111111 l�i 111111 l�"l 111111 11 !!!l • 111 11 111�111 11 1 !!, li�Rill lllmffl�, � nw-niffi=arglems, Ing3LIffman' - M =-, 2019. WITNESS my hand and the seal of the City of Oak Park city 28th day of May, MRST AMENDMENT TO CONDITIONAL USE PERMIT FOR MENARD, INC 5800 KRUEGER LANE NORTH OAK PARK HEIGHTS MINNESOTA Planners File No. 236.02-16.01 Date of Amendment: April 23,2019 Amends permit issued: January 13,2004 ozz9amuff Lot 1, Block 1, Brackey 3rd Addition Applicant: same Site Address: 5800 Krueger Lane North Present Zoning District: B-2, General Business District X-onditionaI use aquired as set forth in Ordinance ChaqLer 401 Section 401.04 A.7 1. CONDITIONAL USE PERMITS: Tiris First Amendment amends the Condonal Use Permit issued by the City of Oak Park Heights to Menard, Inc. on January 13, 2004. The City of Oak Park Heights received an application in 2019 from Menards to amend its CUP to significantly remodel, revise, and expand the entrance/exit gate area to its exterior lumber/materials yard. Said expansion includes a variance of the right of way setback from 40 feet to 22 feet, and also proposes to reduce the number of available parking spaces by five, from 402 to 397, which is less than the minimum required. Following public hearing and recommendation by the Planning Commission on April 11, 2019, the City Council granted the amendment to the CUP on April 23, 2019 to allow the yard gate expansion, subject to the terms expressed below. All light fixtures shall be full cut off and be consistent with Section 401.15.B.7 of the Zoning Ordinance as it relates to lighting requirements. 2. All signs shall comply with the zoni Ordinance requirements for size, number, pl Ing acement internal illumination. Staff shall be permitted to review and approve the lighting specifi piecificatio for the signs at the time of permitting. The sign lighting shall be designed such that only the t and logo portions of the signs are to be lit at -night. The sign background shall be dark. 3. The City Council shall be permitted to review and approve the final building designa materials. 4. The grading, drainage and utility plans shall be subject to review and approval of the City Engineer and i Creek Watershe0D 1' 5. Ilie landscape plan shall be subject to the review and approval of the City Arborist. Menards shall remove and replace the trees along Krueger Lane as recommended by the City Arborist. The trees shall be guaranteed as living and healthy fbr one year after being moved or replaced. M. Reference Attachment The report of the City Planner dated March 28 2019 and all exhibits and site pla:n approved by the City Council are annexed hereto by reference as Exhibit A. IV- Abandonment: This permit requires continuous use in Order to preserve the e:'ndonal Uses granted by the City under the terms hereof Any discontinuation or abandonment of the uses permitted hereunder upon the site for a period of 12 continuous months shall constitute abandonment and void the pennit, V- Annual review-. An MAW review is imposed as a condition of this permit. The Council reserves the right to amend or modify conditions fbilowing the review. 01= -0 HEIGHTS =1 H 3601Thurston0 • 65303 Phone: 763.231.6840 Facsimile: 763.427.0520 TPCTPC@PlanningCo.com Eric Johnson FROM: Scott Richards DATE: March 28, 2019 RE: Oak Park Heights — Menards — Design Guidelines/Site Plan Review and Conditional Use Permits for Setback and Parking — 5800 Kruger Lane North TPC FILE: BACKGROUND 236.02 —19.02 Tyler Edwards of Menards has made application for Design Guidelines/Site Plan review and a Conditional Use Permits for setback and parking for the existing Menards at 5800 Kruger Lane North. The application consists of requests to add an automated express lane requiring an addition to the existing gate at the east side of the site. Five parking spaces are to be removed which places the total parking for the site below the minimum allowed parking when the site was first approved. The approvals for the Menards were granted in March of 1995 including a parking Variance. At the time, 465 spaces were required, and the variance allowed for the site to be constricted with 405 spaces. Currently, there are 402 spaces on the site. Five spaces are removed with the proposed gate building addition resulting in a total of 397 parking spaces on site. The Zoning Ordinance now allows a reduction in required parking spaces by Conditional Use Permit. EXHIBITS The review is based upon the following submittals: Exhibit 1: Applicant's Narrative, February 18, 2019 Exhibit 2: Cover Sheet (CO -1) Exhibit 3: Demolition Plan (C1-2) Exhibit 4: Site Plan (C2-1) Exhibit 5: Grading Drainage Plan (C3-1) Exhibit 6: Detail Sheet (C8-1) Exhibit 7: Partial Topographic Survey (1 of 1) 0 AM/ L.. 1. PLANNERS REPORT ! 1 , R 1 SITE Exhibit %i: Menards SitePlan (CT1) Exhibit 9: Gate Canopy Elevations (CT2) -xhlbit 10: Comments from the City Arborist (3 pages) ANALYSISISSUES ComprehensivePlan. _ property is designated as Commercial on the Proposed Land Use Map. The continued use of the site for retail commercial use is consistent with the Comprehensive Zoning. The property zonedGeneral- District. permitted use in the B-2 General Business District. Changes to the exterior of the building and the site changes require Design Guidelines and Site Plan review. A Conditional Use Permit is required for front yard setback and to allow the number of parking spaces to be reduced. Setbacks. The front yard setback requirement in the B-2 District is 40 feet. The current rate building # -. ..: feet from#h of way line of Kruegerbut the gate building expansion will encroach into the setback. The proposed setback will be 22 feet. The proposed gate building - 'd slightly o the #'"€ the location of - The fence line is being adjusted to the south of the proposed gate building, but fence setback _ i. a not being impacted. In evaluation of the requested Conditional Use Permit for a setback reduction, Section 401.04.A.7 of the Zoning Ordinance directs _ Planning Commission i City Council to consider the possible effects of the proposed use, with that judgment based upon (but not limited to) the following factors: a. Relationship to the specific policies and provisions of the municipal comprehensive plan b. The conformity with present and future land uses in the area. s' Whether , s c will tend to or actually depreciatethe area in which it is proposed. N e. The impact on character of the surrounding area. f. The demonstrated need for such use. 9- Traffic generation by the use in relation to capabilities of streets serving the Ri•!: h. The impact upon existing public services and facilities including parks, schools, streets, • utilities, and the City's service capaciV I. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, Comment: The use is consistent with the Comprehensive Plan and in • with present and future land uses. There should be no environmental issues or impact to surrounding tenants •r property • resulting •i the setback reduction. There is no impact upon public services and facilities and site lines on Krueger Lane will not be impacted. City Staff sees no issues With the expansion of the gate building. The • Commission and City • should determine if the reduction in the front yard setback is appropriate for this site. Traffic Circulation. Traffic circulation within the site will not be impacted with this site change and building expansion. Parking. In March of 1995, the Menards was granted a parking Variance for a reduction in the required number of spaces. At the time, 465 spaces were required, and the Variance allowed for the site to be constricted with 405 spaces. :Currently, there are 402 spaces on the site. Five spaces will be removed with the proposed gate building addition resulting in a total of 397 parking spaces on site. The Zoning Ordinance now allows a reducing in required parking spaces by Conditional Use Permit. In evaluation of the requested Conditional Use Permit for a parking reduction, Section 401.04.A.7 of the Zoning Ordinance directs the Planning Commission and aity Council to consider the possible effects of the proposed use, with that judgment based upon (but not limited to) the following factors'. a. Relationship to the specific policies and provisions of the municipal comprehensive plan. R. The conformity with present and future land uses in the area. C. The environmental issues and geographic area involved. d. Whether the use will tend to or actually depreciate the area in which it is proposed e. The Impact on character of the surrounding area. r The demonstrated need for such use. 9. Traffic generation by the use in relation to capabilities of streets serving the property. h. The impact upon existing public services and facilities including parks, schools, streets, and utilities, and the City's service capacity. I. The proposed use's conformity with afl performance standards contained herein (i.e., parking, loading, noise, etc.) kell Is, I 0 Lighting. The plans do not include any changes to exterior lights installed on gate building or as part of the improvements to the site. Any new light fixtures shall be full cut off and shall be !nsistent with Section 401.15.13.7 ! ! ! Ordinance relates to • !requirements. Landscaping/Fencing. As part of the gate building expansion and change to tl� driveway area at the entrance, three evergreen trees are to be moved east. The Cid Arbodst shall review the plans and determine if the three trees can be moved or if th should be replaced. Additionally, the City Arborist is recommending the removal an replacement of four spruce trees on the east side of the fence adjacent to Krueg Lane. crabapple -.. alongKrueger entranceis recommended to 4" removed and not replaced. The trees would need to be guaranteed for one year aft replacement * they are moved. Mechanical Screening. No changes to mechanical equipment locations have been indicated on plans. Grading, Drainage, Erosion Control and Utilities. Grading, drainage and utility plans have been provided by the Applicant. The grading, drainage and utility plans shall be subject to review and approval of the City Engineer. Facade existingThe gate building is to be expanded using the same materials and colors to match the fagade. Ground Level Expression The fence will be removed and replaced with the fagade of the building. The change in ground level expression is not significant. Transparen Entries The entry 4thegatebuilding willbewidened, but thisportionof screened by mature evergreen L9 Roof Desion The gate building expansion is an extension of the existing roof structure. Building Height The current building is approximately 21 feet to the ridge line and well within the maximum building height of 35 feet. The gate building expansion will be 17 feet at the east elevation. Building Materials and Colors The applicant has provided color elevations for reviiew. All the new buildi materials are what is currently being used on the structure. I Building Placement The gate building expansion will result in the need for a setback Conditional Use Permit as discussed in this report. Parking Areas Five spaces will be removed resulting in a parking Conditional Use Permit discussed in this report. I - Storm water I The drainage plans are subject to review and approval of the City Engineer a the Browns Creek Watershed District. I .Pedestrian and Common Space Not Applicable. LandscagIna There are. minor changes to the landscape plan which include transplanting three trees. The City Arborist recommends removal and replacement of four spruce trees. The plans are subject to the review and approval of the City Arborist. Trees/Shrubs The City Arborist will review the plan comment on whether the trees can be moved or if they should be replaced. L Jh �ti n Addressed elsewhere in the planning report. Sig�nae Addressed elsewhere in the planning report. 0 Not Applicable. Subject to the preceding review, City staff recommends approval of the Design Guidelines/Site Plan review and Conditional Use Permits for setback and parking for the existing Menards at 5800 Kruger Lane North subject to the conditions that follow: 1 All light fixturesbe full cut off and be consistent with Sectiont of the Zoning Ordinance as it relates to lighting requirements. 2. All signs shall be designed to comply with the Zoning Ordinance requirements for size, number, placement and internal illumination. Staff will approve the lighting specifications ! the signs at the time of permitting. lighting should be night.designed such that only the text and logo portions of the signs are to be lit at The signbackgroundwill need to be dark. afterC,. The Planning Commission shall comment on the building design and building 4. The grading, drainage and utility plans shall be subject to review and approval of the City Engineer and the Browns Creek Watershed District. 5. The landscape plan shall be subject to the review and approval of the City Arborist. Menards shall remove and replace the trees along Krueger Lane as recommended by the City Arborist. The trees would need to be guaranteed for one year '! - - moved. eJ I,. 9-71-'�"` M'N-A' February 18, 2019 E: Menards Express Lane Addition Dear Mr. Johnson, Menard, Inc. is in the process of adding an automated express lane to the yard gate at all of our store locations. This new lane will allow guests to scan a barcode from an online order and enter the yard without waiting for the gate guard to let them in. The addition will be on the east side of the existing gate and the fence will be moved to accommodate the new entrance lane. The new lane will be covered by an extension of the existing canopy and the new materials will match the green steel front and white steel roof materials on the existing canopy. The existing entrance and exit lanes will remain as they are today and will still be operated by the gate guard. We appreciate you reviewing this project as continual investment in our retail locations is an important part of keeping Menards in operation. With the increase in online shopping this project will be important to keep Menards competitive and allow those shopping trips to stay in this market. If you have any questions as you review this project please let me know. Thank you. Sincerely, Menard, Inc. yier Edwards Real Estate Representative Menard, Inc. 5101 Menard Drive Eau Claire, WI 54703 0:715.876.2143 C:715.579.6699 tedwards@menard-inc.com 5101 MENARD DRIVE EAU CLAIRE, WI 54703-9625 PHONE (715) 876-5911 FAX (715) 876-2868 I!a Up L r eA JIM b I IBM. ii Hill 0 il CL 44 0 1 11 cj f, PAR z O� Ln z� CL_ ,X V W LJJ z= J ce. V) Q V) CL LU Y x Q W J,:o L i t I!a Up L r eA JIM b I IBM. ii Hill 0 il CL 44 0 1 11 cj f, PAR z O� Ln z� CL_ ,X V W LJJ z= J ce. V) Q V) CL LU Y x Q W r � a � lie WtMi Y £Qa S i 1 • o O� !1 q g Y r b•.: •r as B 1� +G Q F629 AY�.`Wewa.'Yww.eexSM 4R`Ta^S P4a_.�tiMtaY.a'.. a•vt .f Wr.. PB. q .e.® .s C,... = r - .e v All 111ill LO v f I 1, W, mrffjIi I INCHnuc gsii - - ---- ---- - - - - - — — — — — — 1. 91 Pill 1, W, mrffjIi gsii - - ---- ---- - - - - - — — — — — — 1. 91 Pill 1, W, mrffjIi I Nil. 1. I Nil. �; — _ �' a �, a� -m .. �r i � �. 1� �; �; � � M i ,; •' x "; �7 T r..r� •fes • i p i � � T �' I