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Home My WebLink About2020-04-28 CC Meeting Packet EnclosureW11" !. Oak Park Heights Request for Council Action Meeting Date April, 28", 2020 Time Required: 5 Minutes Agenda Item Title: MENARDS - EXTENSION REQUEST AMENDED CONDITIONAL USE PERMIT — YARD ENTRANCE Agenda Placement New Business Originating Department/Requestor: Eric Johnson, City Administrator Requester's Signature Action Requested Discussion, Possible Action Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Menards has requested a one-year extension to the approvals granted by the City on April 23`d, 2019. This would take their approval date through April 2021.See the attached letter. In general, these approvals once issued lapse after 12 months. That approval resolution is attached. Extensions may of course be granted by the Council, but is more specifically outlined in City Ordinance 401.03.C.4 (attached). This process relates to Conditional Use Permits specifically. Also, there have not been any zoning or planned land use changes anticipated with the City's 2018 Comprehensive Plan for this area. Therefore, the proposed use to the site remains generally acceptable for the area. Staff does not anticipate any practical difficulties with some extension, and would recommend to the Council to support an extension, but that the project commences actual construction by October V, 2020. This is in essence a six-month extension. The thought being that if they are not under construction by then, the winter season will not allow project to begin prior to the April 2021 timeline and such deadline would come due again. Enclosures: 1. Menards letter -dated April 3'd, 2020. 2. City Ord. 401.03.C.4 3. Copy of Issued Amended CUP Resolution - from April 2019. Page 189 of 284 April 3, 2020 VIA Email City of Oak Park Heights Attn: Julie Hultman 14168 Oak Park Blvd N Oak Park Heights, MN 55082 RE: Menards Conditional Use Permit Extension Dear Ms. Hultman, Menard, Inc. is requesting a one year extension to the Conditional Use Permit issued by the Oak Park Heights City Council on 4/23/19 for the yard gate expansion project. Menards fully intends to proceed with the project as it was originally designed and approved. However constructing this gate addition at all store locations across the country is a large task and some projects have been pushed back to the 2020 construction season. Please let members of the staff and Council know that there are no changes being made to the plans they reviewed. If you have any questions please feel free to reach out to me directly. Thank you. Sincerely, Menard, Inc. Tyler Edwards Real Estate Representative Menard, Inc. 5 10 1 Menard Drive Eau Claire, WI 54703 0:715.876.2143 C:715.579.6699 tedwards@menard-inc.com Page 190 of 284 5101 MENARD DRIVE EAU CLAIRE, WI 54703-9625 PHONE (715) 876.5911 FAX (715) 876-2868 4. Lapse of Approval. a. Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use_ The property owner or applicant shall have the right to submit an application for time extension in accordance with this section. b. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. Such an application shall state the facts of the request, showing a good faith attempt to utilize the permit, and it shall state the additional time being requested to begin the proposed construction. The application shall be heard and decided by the City Council prior to the lapse of approval of the original request. C. In making its determination on whether an applicant has made a good faith attempt to utilize the conditional use permit, the City Council shall consider such factors as the type, design, and size of the proposed construction, any applicable restrictions on financing, or special and/or unique circumstances beyond the control of the applicant which have caused the delay. Page 191 of 284 RESOLUTION NO.19-04-23 CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY MENARDS FOR CONDITIONAL USE PERMITS AND DESIGN GUIDELINES/SITE PLAN REVIEW FOR AN ADDITION TO THE GATE BUILDING AND SITE CHANGES AT 5800 KRUEGER LANE NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Menards for Conditional Use Permits for setback and parking and Design Guidelines/Site Plan review for an addition to the gate building and site changes at 5800 Krueger Lane North; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the request be approved with conditions. The City Council of the City of Oak Park Heights makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned B-2 General Business District in which retail uses are a permitted use; and 4. A Conditional Use Permit is required to reduce the front yard setback to Krueger Lane; and 5. The front yard setback requirement in the B-2 District is 40 feet. The current gate building is setback 40 feet from the right of way line of Krueger Lane, but the expansion of the gate building will result in a setback of 22 feet; and Page 192 of 284 6. A Conditional Use Permit is required to allow a reduction in parking from the approved parking requirements for the site; and 7. In March of 1995. 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 constructed 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 395 parking spaces on site. The Zoning Ordinance now allows a reduction in required parking spaces by Conditional Use Permit; and 8. Change to the exterior of the building and site changes require Design Guidelines/Site Plan review; and 9. The request includes a request for the addition of an automated express lane to the gate building. The new lane will be covered by an extension of the existing canopy and the new building materials will match the green steel front and white steel roof materials of the existing canopy. Parking spaces will be removed, the fence will be replaced, and landscaping will be removed and replaced; and 10. City staff prepared a planning report dated March 28, 2019 reviewing the request; and 11. Said report recommended approval of the Conditional Use Permits and Design Guidelines/Site Plan review in that the project is in conformance with the criteria for Conditional Use Permit and Design Guidelines/Site Plan approval. Said recommendation was subject to the fulfillment of conditions; and 12. The Planning Commission held a public hearing at their April 11, 2019 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by Menards for Conditional Use Permits for setback and parking and Design Guidelines/Site Plan review for an addition to the gate building and site changes for at 5800 Krueger Lane and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights for approval with the following conditions: 1. All light fixtures shall be full cut off and be consistent with Section 401.15.13.7 of the Zoning Ordinance as it relates to lighting requirements. 2 Page 193 of 284 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 for the signs at the time of permitting. The sign lighting should be designed such that only the text and logo portions of the signs are to be lit at night. The sign background will need to be dark. 3. The City Council approves the building design and building materials. 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 after replacement or if they are moved. Approved by the City Council of the City of Oak Park Heights this 23d Day of April 2019. Page 194 of 284