HomeMy WebLinkAbout2021-02-23 CUP Document to CA for Recording NOTICE OF CERTIFICATION
STATE OF MINNESOTA )
COUNTY OF WASHINGTON ) ss.
CITY OF OAK PARK HEIGHTS )
I, the undersigned being duly qualified and acting as City Administrator for the City of
Oak Park Heights, Minnesota DO HEREBY CERTIFY that I have compared the attached
document:
Second Amendment
To
Conditional Use Permit
For
Automated Express Lane Project
Setback and Parking
At
Menard's
5800 Krueger Lane N.
with the original thereof on file at the offices of the City of Oak Park Heights, and that the same
is a full, true and complete copy of said document within the files of the City of Oak Park
Heights.
WITNESS my hand and the seal of the City of Oak Park H- .- this 20th day of
May, 2021.
Eric ,ice son
Ci/ Administrator
CITY OF OAK PARK HEIGHTS
SECOND AMENDMENT TO CONDITIONAL USE PERMIT FOR MENARD,INC.
5800 KRUEGER LANE NORTH
OAK PARK HEIGHTS MINNESOTA
Planners File No.236.02-21.01 Date of Amendment: February 23,2021
Amends permit issued:January 13,2004
Legal Description: (Washington County Geo. Code: 05.029.20.22.0017)
Lot 1, Block 1, Brackey 3rd Addition
Owner: Menard,Inc., 5101 Menard Drive, Eau Claire,WI 54073
Applicant: same
Site Address: 5800 Krueger Lane North
Present Zoning District: B-2,General Business District
Conditional use required as set forth in Ordinance Chapter 401 Section 401.04 A.7
I. CONDITIONAL USE PERMITS: This Second Amendment amends the Conditional 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. The
expansion includes a variance of the right of way setback from 40 feet to 22 feet, and 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
II. Menard's approval expired before it constructed the improvements in its First Amended CUP issued
on April 23, 2019. Menards reapplied for an identical Second Amendment to its CUP on January
13, 2021, seeking to remodel, revise, and expand the entrance/exit gate area to its exterior
lumber/materials yard. Following public hearing and recommendation by the Planning
Commission on February 11, 2021, the City Council granted the amendment to the CUP on
February 23, 2021 to allow the yard gate expansion subject to the terms expressed below.
All terms and conditions in the original CUP issued January 13, 2004 remain in full effect except as amended by
this Second Amendment. The City Council of Oak Park Heights approves the Second Amendment to the CUP
for yard gate expansion project on the subject site with reduced right of way setback and reduced parking spaces
to 397. The Second Amendment to the CUP shall be subject to the following conditions and/or restrictions imposed
by the February 23, 2021 Resolutions of the City Council of the City of Oak Park Heights as follows:
1. 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 Zoning Ordinance requirements for size, number, placement and
internal illumination. Staff shall be permitted to review and approve the lighting specifications for
the signs at the time of permitting. The sign lighting shall be designed such that only the text 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 design and
materials.
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 shall be guaranteed as living and healthy for one year after being moved or replaced.
III. Reference Attachment:
The report of the City Planner dated February 4, 2021 and all exhibits and site plan 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 Conditional 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 permit.
V. Annual review: An annual review is imposed as a condition of this permit. The Council reserves the right
to amend or modify conditions following the review.
IN WITNESS WHEREOF,the parties have set forth their hands and seals.
CITY OF OAK P '. HEIGHTS
Date: s5 1191202.1 By ] ' Afe--
./t,
• o► i-r,Mayor
Date: 51i 1 I 22.0/1 By ///
r r J44TS City Administrator
MEN RD :ty
Date: -C//0/2( By
Theron J. Be kleal E - Manager
EXHIBIT "A"
PLANNERS REPORT AND SITE PLANS
T P C 3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231.5840
Facsimile: 763.427.0520
TPC 'PlanningCo.corn
PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: February 4, 2021
RE: Oak Park Heights — Menards — Design Guidelines/Site Plan Review
and Conditional Use Permits for Setback and Parking — 5800
Krueger Lane North
TPC FILE: 236.02 — 21.01
BACKGROUND
Tyler Edwards of Menards has made application for Design Guidelines/Site Plan review
and Conditional Use Permits for setback and parking for the existing Menards at 5800
Krueger 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.
The City Council approved the same project on April 23, 2019. Menard's allowed the
approval to expire one year later and did not request to have it renewed. The plans and
the project are the same as what was previously approved.
EXHIBITS
The review is based upon the following submittals:
Exhibit 1: Applicant's Narrative, January 9, 2021
Exhibit 2: Demolition Plan (01-2)
Exhibit 3: Site Plan (C2-1)
Exhibit 4: Grading Drainage Plan (C3-1)
Exhibit 5: Menards Site Plan (CT1)
Exhibit 6: Gate Canopy Elevations (CT2)
Exhibit 7: Comments from the City Arborist (3 pages)
Exhibit 8: City Council Resolution —April 23, 2019
PROJECT DESCRIPTION
The Applicant's narrative for the project is found as Exhibit 1.
Menard, Inc. is submitting an application to reapprove the gate expansion project that
was first reviewed in 2019. The project has not changed since the last approval. The
addition to the gate will allow for an online order pickup lane to be added to the store.
This is an automated gate for guests to scan a barcode from their order and pick up
their material without waiting for the gate guard to let them in. There will continue to be
an entrance and exit lane operated by the gate guard. The materials used on the gate
addition will be an exact match to the existing gate.
i have attached the copies for the materials submitted in 2019 as a reference and
include the copies of the plans from the application checklist.
ISSUES ANALYSIS
Comprehensive Plan. The 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 Plan.
Zoning. The property is zoned B-2 General Business District. The retail use is a
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 the 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 gate building is setback 40 feet from the right of way line of Krueger Lane, but
the gate building expansion will encroach into the setback. The proposed setback will
be 22 feet. The proposed gate building will extend slightly to the east from the location
of the current fence.
The fence line is being adjusted to the south of the proposed gate building, but fence
setback requirements are 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 the Planning Commission and 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.
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.
f. The demonstrated need for such use.
g. 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 all performance standards contained herein (i.e.,
parking, loading, noise, etc.).
Comment: The use is consistent with the Comprehensive Plan and in conformity with
present and future land uses. There should be no environmental issues or impact to
surrounding tenants or property owners resulting from 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 Planning Commission and City Council 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 reduction 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 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.
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.
f. The demonstrated need for such use.
g. 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 uses conformity with all performance standards contained herein (i.e.,
parking. loading. noise, etc.)
With the current number of spaces, there have been no parking issues noted at the
Menards. With the addition of online ordering, there will be even less demand for
parking in the lot at the front of the building. The Planning Commission and City Council
should determine if the five-stall parking reduction is appropriate for this business. Staff
does not see the reduction of parking as significant and recommends the request.
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 consistent with Section 401.15.B.7 of the Zoning Ordinance as it
relates to lighting requirements.
Signage. The plans indicate that the lighted signs above the entrance and exits of the
gate building are to be removed and relocated on the expanded building. It appears the
signs do not comply with current back lighting for signage. 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. All the relocated or any new signs will be
required to comply with the Zoning Ordinance lighting requirements. Staff will approve
the lighting specifications for the signs at the time of permitting.
Landscaping/Fencing. As part of the gate building expansion and change to the
driveway area at the entrance, three evergreen trees are to be moved east. The City
Arborist shall determine if the three trees can be moved or if they should be replaced.
Additionally, the City Arborist is recommending the removal and replacement of four
spruce trees on the east side of the fence adjacent to Krueger Lane. A crabapple tree
along Krueger Lane near the entrance is recommended to be removed and not
replaced. The trees would need to be guaranteed for one year after replacement or if
they are moved.
Mechanical Screening. No changes to mechanical equipment locations have been
indicated on the 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. The Applicant has confirmed with
Brown's Creek Watershed District that their review is not required.
Design Guidelines
Architectural Guidelines
Facade Treatments
The gate building is to be expanded using the same materials and colors to
match the existing facade.
4
Ground Level Expression
The fence will be removed and replaced with the facade of the building. The
change in ground level expression is not significant.
Transparency
The transparency will not change with the addition.
Entries
The entry into the gate building will be widened, but this portion of the site is
screened by mature evergreen trees.
Roof Design
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 review. All the new building
materials are what is currently being used on the structure.
Franchise Architecture
The building is a franchise design.
Site Design Guidelines
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 as
discussed in this report.
Storm water
The drainage plans are subject to review and approval of the City Engineer.
Pedestrian and Common Space
Not Applicable.
Landscaping
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.
5
Trees/Shrubs
The City Arborist will review the plan comment on whether the trees can be
moved or if they should be replaced.
Lighting
Addressed elsewhere in the planning report.
Signage
Addressed elsewhere in the planning report.
Pedestrian/ Bicycle Routes
Not Applicable.
CONCLUSION / RECOMMENDATION
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 Krueger Lane North subject to the conditions that follow:
1. 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 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 Planning Commission shall comment on the building design and building
materials.
4. The grading. drainage and utility plans shall be subject to review and approval of
the City Engineer.
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.
pc: Julie Hultman
t,
MENARDIJD
#
January 9, 2021
RE: Menards Gate Expansion Project
Dear Ms. Hultman,
Menard, Inc. is submitting an application to reapprove the gate expansion project that was first
reviewed in 2019.The project has not changed since the last approval.The addition to the gate will
allow for an online order pickup lane to be added to the store.
This is an automated gate for guests to scan a barcode from their order and pick up their material
without waiting for the gate guard to let them in.There will continue to me an entrance and exit lane
operated by the gate guard.The materials used on the gate addition will be an exact match to the
existing gate.
I have attached copies of the materials submitted in 2019 as a reference and include the copies of the
plans from the application checklist. If you need anything else to process this application please let me
know.Thank you.
Sincerely.
\lenard. Inc.
T er Edwards
Real Estate Representative
Menard, Inc. 5101 Menard Drive Eau Claire, WI 54703
O: 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
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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
V
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.B.7
of the Zoning Ordinance as it relates to lighting requirements.
2
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.
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 after replacement or if they are moved.
Approved by the City Council of the City of Oak Park Heights this 23rd Day of
April 2019.
M. ' Cocber, Mayor
AZ l hS
A,4,04
/' Jo ..4 ity Administrator
3
•
ATTACHMENT A
4
Conditional Use Permit& Design Guideline Review
For
Outside Materials Yard Express Lane
At
Menard, Inc
5800 Krueger Lane,N.
Legally described as:
Lot 1, Block 1, Brackey 3rd Addition
Washington County Property Identification Number:
05.029.20.22.0017
ATTACHMENT B
a {
!: y
Conditional Use Permit& Design Guideline Review
For
Outside Materials Yard Express Lane
At
Menard, Inc
5800 Krueger Lane, N.
Application Materials
• Application Form
• Fees
• Plan Sets
• Written Narrative and Graphic Materials Explaining Proposal
• Proof of Ownership or Authorization to Proceed
• Property Tax Statement(s)/Legal Description(s)
Planning Commission Review& Recommendation: April 11,2019
Julie Hultman
From: Julie Hultman
Sent: Thursday, May 20, 2021 4:12 PM
To: Kevin Sandstrom
Cc: Heather Blesener; Eric Johnson
Subject: Menards - 2nd Amendment to CUP Recording Request
Attachments: SKM BT_C55421052015020.pdf
Hi Kevin,
Please see the attached signed document, as referenced, and Notice of Certification for recording with Washington
County.
Thanks a bunch—
Julie Hultman, Building Official
Planning&Code Enforcement
City of Oak Park Heights
,-ori.
From: bizhubC554@cityofoakparkheights.com <bizhubC554@cityofoakparkheights.com>
Sent: Thursday, May 20, 2021 4:03 PM
To:Julie Hultman <jhultman@cityofoakparkheights.com>
Subject: Message from KMBT_C554
1