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Home My WebLink About2007-11-08 PC Recommending ResolutionA RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK. HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY WCL ASSOCIATES INC., REPRESENTING ROBERT BRACKEY, FOR A PLANNED UNIT DEVELOPMENT, CONCEPT AND GENERAL; CONDITIONAL USE PERMIT; SUBDIVISION; SITE PLAN AND DESIGN REVIEW; AND REZONING OF THE SUBJECT PROPERTY FROM O, OPEN SPACE DISTRICT TO B -2, GENERAL BUSINESS DISTRICT TO CONSTRUCT A RETAIL DEVELOPMENT INCLUDING BEST BUY SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of oak Park Heights has received a request from WCL Associates Inc., representing Robert Brackey, for a planned unit development, concept and general; conditional use permit; subdivision; site plan and design review; and rezoning of the subject property from o, open Space District to B -2, General Business District to construct a retail development including Best Buy; and after having conducted a public hearing relative thereto, the Planning Commission of oak Park Heights makes the following findings of fact: follows, to wit: and I. The real property affected by said application is legally described as SEE ATTACHMENT A 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: TI CI *4 1 l4 M a MM It i) Me 111 a 18 :1 3. The property is designated as commercial in the Land Use Plan of the Comprehensive Plan; and 4. The property is to be zoned B -2, General Business District in which retail development is a permitted use; 5. A planned unit development is required to allow for the development staging and cross access for driveways and parking; and 6. A. conditional use permit is required to allow the car stereo install service as part of the Best Buy store; 7. City staff prepared a planning report dated October 26, 2007 reviewing the request for the amended conditional use permit; and 8. City staff recommends in the October 26, 2007 planning report that the request be approved with conditions; and 9. The Planning Commission held a public hearing at their November 8, 2007 meeting, took comments from the applicants and public, closed the public hearing, and made the following recommendation: NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The application submitted by wCL Associates Inc., representing Robert Brackey, for a planned unit development, concept and general; conditional use permit; subdivision; site plan and design review; and rezoning of the subject property from G, Open Space District to B -2, General Business District to construct a retail development including Best Buy and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for approval of the following: Rezoning from 0, Open Space to B -2, General Business District (Lots 1 and 2, Block 1, Brackey 4 th Addition) 0 Planned Unit Development Concept Plan of Development (Phase 1 and 2) 0 Planned Unit Development General Plan of Development (Phase 1, Best Buy) 0 Conditional Use Permit — minor auto repair (car stereo installation) and signage allowance Preliminary /Final Plat Site Plan and Design Guideline Review And recommended the following conditions: l . The preliminary /final plat is subject to review and approval of the City Engineer and City Attorney. 2. The City Engineer shall comment on the traffic analysis provided by the applicant. The traffic circulation plan accesses and required improvements shall be subject to review and approval of the City Engineer. 3. 60 Street access shall be approved by the Minnesota Department of Transportation. A copy of the approved access permit shall be provided to the City. 2 4. The Park Commission should comment on the private and public trail and sidewalk system for the area. The Planning Commission recommends that the applicant provide and pay for installation of a north/south connection trail west of Menards and extending north of 5 81h Street on the west side of the wetland to 60 Street. The location and construction of the trail shall be subject to review and approval of the City Engineer. 5. The Planning Commission is favorable to the proposed landscaping and screening from the loading dock areas. 6. There shall be no outdoor storage of trash, recycling, or delivery trucks and containers. 7. The Planning Commission finds the proposed building layout and setbacks to be adequate and approves the general site plan as proposed. Only Phase 1, the Best Buy store, is approved as a planned unit development general plan. 8. The City Engineer recommendations for roadway, traffic, and access and utility improvements, as outlined in the November 6, 2007 letter, shall be implemented by the applicant. 9. The grading, drainage and erosion control plan are subject to review and approval by the City Engineer and the applicable watershed District. 10. The submitted utility plan is subject to review and approval by the City Engineer. 11. The landscape plan shall be revised to address the comments of the October 23, 2007 landscape plan review and subject to approval of the City Arborist. 12. The building materials and color samples provided by the applicant are favorable to the Planning Commission. 13. The five proof of parking stalls at the northwest corner of the building shall be constructed by the applicant if required by the City Engineer. 14. The 11 parking stalls on the concept plan for Phase 2 at the access drive to Krueger Lane shall not be permitted and shall be removed from the plan. The drive aisle to the north adjacent to the Krueger Lane entrance shall not be allowed. 15. The applicant shall provide noise specifications for the trash compactor subject to approval of the city. 16. The applicant shall revise the building cross sections to clearly show the screening of the roof mechanical units. The views shall be from Krueger Lane and Highway 36. 17. The front building far ade of the Phase 1 and 2 building shall be limited to a total of five (5) percent vivid or primary colors. 18. The applicant shall select one of the three options for addressing the Menards sign issue: 3 a. Remove the Menards sign. b. Move the Menards sign to property owned by and physically connected to Menards. C. Subdivide Brackey 4th Addition to create a parcel of land that extends to the sign and is legally combined with the primary Menards parcel. 19. The car display on the Best Buy sidewalk shall be limited to one vehicle or object at a time. 20. The Planning Commission recommends that the building elevations shall be revised on the south and west elevations such that the red, brick color be extended into the vertical columns. The elevation plans shall be revised and subject to City Council approval. 21. The utility lines along 60 Street shall be removed as required by Section 1 008 of the City Code or as specified in the development contract. 22. All parking lot lighting shall be full cut off, shoe box style fixtures, with lenses that are fully shielded and that do not exceed 25 feet from ground level to the top of the fixture. 23. All building lighting shall be full cut off, shoe box fixtures with lenses that are fully shielded. There shall be no flood lighting of building facades. 24. A revised light plan with photometrics shall be submitted meeting all Zoning ordinance light intensity requirements subject to review and approval of City staff. 25. All outdoor lighting for parking lots shall be turned off one hour after store closing, except for security lighting. The applicant shall provide a plan, subject to approval of City staff for lighting shut off. 26. All automobile installation activities shall be limited to 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 service areas. 27. All noise created from operations on the site shall be in conformance with Section 401.15.B.11 of the Zoning Ordinance. 28. All signs shall include illumination of only the text and logo portion of the messages. 29. Signage shall be limited to a total of three wall signs and one freestanding sign not to exceed a total of 585 square feet of sign area. 30. A condition of this approval is that the applicant enter into a development agreement, as prepared by the City Attorney and approved by the City Administrator, containing provisions including, but not limited to, the construction and placement of financial security for site improvements, payment of applicable City connection fees, placement of financial security and requirements for extension and/or construction of City roadways, utilities for the site and related water, sanitary sewer and storm sewer improvements. 4 Recommended by the Planning Commission of the City of oak Park Heights this 8th day of November 2007. -en Wases 'a, Vice Chair Attachment A Washington County GEO Code: 05.29.20.22.9015 Legal Description: Outlot A, subject to easements, Brackey 3 rd Addition Address: Physical Address Not Yet Assigned Location: SE Corner of 90 St. N. & Krueger Ln . N. F 11% rM M L Zoning District Amendment, Conditional Use Permit, Site Plan /Design Guidelines Review, Preliminary & Final Plat Approvals, and Planned Unit Development: concept & General Plans Bob Brackey & Best Buy Multi - Tenant Retail Commercial Development Application Materials ® Application Form 0 Fees 0 Plan Sets (3 Large Scale Sets /20 11X17 Sets) 0 Written Narrative and Graphic Materials Explaining Proposal ® Mailing List from Washington county (500'from subject property) 0 Proof of ownership or Authorization to Proceed 0 Property Tax Statements )/Legal Description(s) Conference With city Staff Upon Application Submittal; October 17, 2007 Planning commission Public Hearing & Recommendation: November 3, 2007 Conditional Use Permit - Lapse of Approval: 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. 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. (401.03.C.4.a and b) PUD: Concept/General — Limitation on General concept Plan Approval: Unless a General Plan of Development covering the area designated as in the General Concept Plan as the first stage of the PUD has been filed within twelve (12) months from the date council grants General concept Plan approval, or in any case where the applicant fails to file General Plan of development Stage and Final Plans and to proceed with development in accordance with the provisions of this ordinance and of an approved General concept Plan, the approval may be revoked by Council action. (401.06.C.2.e)