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HomeMy WebLinkAbout2007-11-27 CC Meeting Packet EnclosureMeeting Date November 27 2007 Time Required: 10 Minutes Agenda Item Title: WCL ASSOCIATES INC . PLANNED UNIT DEVELOP1 CONCEPT AND GENERAL CONDITIONAL USE PERMIT SUBDIVISION SITE PLAN AND DESIGN REVIEW AND REZONING OF THE SUBJECT PROPERTY FROM 0 OPEN SPACE DISTRICT TO B-2 GENERAL BUSINESS DISTRICT TO CONSTRUCT A RETAIL DEVELOPMENT INCLUDING BEST BUY Agenda Placement New Business Originating Department/Reque 'ric Johnson. Cit Administrator Requester's Signature Action Requested _Approve ution Oak Park Heights Request for Council Action Background/Justification (PI a indicate if any previous action has been taken or if other public bodies have advised): Please see enclosed from Scott Richards, City Planner EkfCit„(181_1.RF 1 Planners report - dated Oct 261', 2007 (attachments may be found in the Nov — Planning Commission Packet) 2. Request from Applicant (WCL) for Additional Facade Lighting Design - emmo jitj 1 Final Planning Commission Resolution — unsigned 4. Proposed City Council Resolution BACKGROUND Exhibit 1: Exhibit 2: Exhibit 3: Exhibit 4: Exhibit 5: Exhibit 6: Exhibit 7: NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial HighvvEy, Suite 202, Golden Walley, MN 55422 Telephone: 763.221 .2556 Facsimile: 763 .231 .2561 planners @n ac pla n ning. cor PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: October 26, 2007 RE: Oak Park Heights -- Brackey Retail Development /Best Buy Planned Unit Development, 60 Street North and Krueger Lane FILE NO: 798.02.O7.O9 WCL Associates, Inc., representing Robert Brackey, has made application for a planned unit development, concept and general; conditional use permit; subdivision; site plan and design review; and rezoning of the subject property from 0, Open Space District to B-2, General Business District. The subject site, located at the corner of 60th Street North and Krueger Lane, is 14.83 acres. The development consists of a 30,250 square foot Best Buy store that would be considered for concept and general plan approvals as part of the planned unit development. The second phase of the development is a 20,500 square foot building and adjacent parking areas that would only be considered for concept approval at this time. The development can be completely accessed from 60 Street North and Krueger Lane. No new streets are to be constructed. Cross access with the Menards parking lot is also proposed. The subject site is currently zoned 0, Open Space. A rezoning to B-2, General Business District has been applied for and the request is consistent with the Comprehensive Plan Land Use Map designation for the property. Attached for reference: Existing Conditions (Sheep 2) Preliminary Plat (Sheet 3) Final Plat — Brackey Fourth Addition Civil Site Plan (Sheet 4) Grading, Drainage and Erosion Control Plan (Sheep 5) Sanitary Sewer and Water Main Construction (Sheet 6) Storm Sewer Construction {Sheaf 7) Page 38 of 84 Exhibit 8: Exhibit 9: Exhibit 10: Exhibit 11: Exhibit 12: Exhibit 13: Exhibit 14: Exhibit 15: Exhibit 16: Exhibit 17: Exhibit 18: Exhibit 19: Exhibit 20: Exhibit 21: Exhibit 22: Exhibit 23: ISSUES ANALYSIS Adjacent Uses. North of Site South of Site West of Site East of Site Landscape Plan (Sheet 9) Plan Notes (Sheet CS-2) Architectural Site Plan (Sheet AS-1.0) Traffic Movements Plan (Sheet AS-1.0) PUD Phasing Plan (Sheet AS-1.1) Photometric Plan (Sheet AS-1.2) Interior Plan — Best Buy (Sheet A-0) Exterior Elevations (Sheet A-6.0) Exterior Elevations (Sheet A-6.1) Building Cross Sections (Sheets A-8, A-8-1) Lighting Specifications Colored Building Elevations Project Narrative, October 1, 2007 Traffic Report Report of City Engineer Report of City Arborist Uses adjacent to the subject site are listed below: Present Zoning: Present Use: Present Zoning: Present Use: Present Zoning: Present Use: Present Zoning: Present Use: Stillwater Business Zoning North of Highway 36 60 Street North and Highway 36 /Stillwater Business 8-2, General Business District Menards 0, Open Space District Wetland and Undeveloped Area B-2, General Business District Krueger Lane / Kohl's Proposed Project: The proposed development would feature a Best Buy store to be constructed as the first phase of this planned unit development. The 50,750 square foot building would be constructed as two separate, but adjacent buildings. The Best Buy phase would be a 30,250 square foot single tenant space. The second phase would be a 20,500 square foot space that would be constructed as demand for tenant space increases, but according to the developer, not until 2009 or later. Access to the development would be from 60 Street North, Krueger Lane, and through the Menards' parking lot. The driveway from 60 Street will require an access permit to be issued by Mn/DOT. The City will also require pedestrian access into the development from 60 Street and Krueger Lane, which has been shown on the site plan. 2 Page 39 of 84 The parking lot improvements will also be phased with the development. All access points will be established with the first phase, but the building pad and parking for the second phase will remain in grass until development. The planned unit development phasing plan is shown as Exhibit 12 of this report. The Best Buy store would feature retail sales of electronic goods and the services found in similar stores. A car stereo install service is also intended as part of what is offered at this location. The access doors for the stereo install location are found on the north elevation. The Menards' pylon sign currently exists on the property owned by Mr. Brackey. The sign is considered an off -site advertising sign and is prohibited by the Zoning Ordinance. The sign will need to be removed, moved to the Menards property, or provided an actual property connection to the Menards' site. Comprehensive Plan. The Proposed Land Use Map of the Comprehensive Plan designates this area for commercial land uses. The B-2 zoning and the proposed multi - tenant retail and commercial service use is consistent with the Comprehensive Plan designation. Zoning. The property to be subdivided as dock 1, Lots 1 and 2 of Brackey 4 Addition is proposed to be rezoned from 0, Open Space to B-2, General Business District. The applicants have applied for a planned unit development concept and general plan improvements in that it will be a multi- tenant, phased project. The preliminary /final plat indicates that the property will be split into two tots. The planned unit development would address cross access and parking utilization in the development. A conditional use permit is required to allow the car stereo install service, Minor auto repair is a listed conditional use in the B-2 District. Subdivision. A preliminary /final plat was submitted as part of this application. The plat would take Outlot A of Brackey 3 Addition and create dock 1, Lots 1 and 2 of Brackey 4 Addition for the best I3uy /Bracke Development. A separate outlot A would � p p be created for the remaining developable area of this property. The lot line between Lots 1 and 2 would separate the two phases of the building. Appropriate drainage and utility easements would be provided as part of the plat, subject to review and approval of the City Engineer. The park dedication for this property was already received by the City as part of the previous Brackey Addition. Street Access. Access for the development would be from Krueger Lane, 60 Street North and the Menards' parking lot. lien /DOT would require an access permit for the 60 Street access. The Krueger Lane access is aligned with the Kohl's development to g p the east. The developer will have an access easement with Menards for the connection. Traffic Analysis. The applicant has provided a traffic study for the development as part of the planned unit development review. The City Engineer will provide a review of the traffic study in a separate report. 3 Page 40 of 84 Trails/ Sidewalks. The site plan indicates trail connections to the existing trail on 60 Street North and through the parking lot to Krueger Lane. A sidewalk exists on the east side of Krueger Lane. The City will need to consider whether to install a crosswalk on Krueger Lane to connect the sidewalks. As part of the Park and Trail System Plan, the Planning Commission and Parks Commission have discussed the need for additional trails in this area. Both the Planning Commission and Parks Commission have agreed that a trail is needed on the north side of 58 Street, from Krueger Lane to the Oak Park Ponds development. Additionally, they agree that a north /south connection is needed west of Menards and extending north on the west side of the existing wetland to 60 Street. As part of the planned unit development and subdivision approvals, installation of that trail would be required now with construction of the Best Buy phase of the development. The Parks Commission should comment on the sidewalk and trail plans both external to and within the proposed development. Setbacks. The B-2 District requires 40 foot front yard setbacks, 10 foot side yard, and 20 foot rear yard setbacks. The building setbacks are met with the proposed buildings of both phases. All other setbacks, including parking setbacks, are met in the plans. Parking. According to Section 40115.F of the Zoning Ordinance, shopping centers shall provide six parking spaces for each 1 ,000 square feet of gross floor area. The plans indicate a total of 296 parking spaces on site, 172 spaces to be provided for Phase 1 and 109 spaces to be provided in Phase 2. The parking requirements for this development is as follows: Phase 1, Best Buy: Phase 2, Commercial Space: The plans indicate the following stalls being provided: Phase 1, Best Buy Parking Stalls Provided Proof of Parking Total Phase 1 Total Site Parking 296 parking spaces 80,250 X .9 � 27,225 : 166 = 164 parking spaces 20,500 .9 µ- 18,450 ± 166 1 i 1�arking� sp aces 275 parking spaces 182 parking spaces . parking p ce, 172 parking spaces (of which 6 are accessible) Phase 2, Commercial Development Parking stalls Provided 109 parking spaces (of which 5 are accessible) For Phase 1 of development, there are five parking stalls indicated on the northwest side of the building that will be designated as proof of parking. If the stalls are required in the future, the landscaped area would be removed. The second phase indicates 11 4 Page 41 of 84 stalls along the entrance drive from Krueger Lane. These stalls are not required to meet the City parking standards and should be removed from the plans. All of the parking stalls and drive aisles are designed to comply with Zoning Ordinance standards. The proof of parking would be allowed, but could be ordered by the City if a problem occurs with parking. Loading Areas. The site plan indicates that the loading docks for both buildings are on the west side of both the Phase 1 and 2 building sections. The docks are totally enclosed on three sides by the building and walls. The site plan has also indicated the turning radius and truck movements for the delivery trucks. Within the loading dock area for Best Buy, an enclosure for the trash compactor is indicated on the plans. With this enclosure, the compactor will be completely screened. The applicant shall provide specifics on noise emissions from the compactor for Planning Commission review. Screening. The rear of the Best Buy and other commercial space backs up to a large wetland and developable commercial property to the west. All of the loading dock areas and trash compactor will be screened from the properties directly to the west. The openings to the loading dock areas could be seen from the south and southwest. The landscape plan addresses those issues with plantings and transplanted White Spruce from the site, The Planning commission should comment on the proposed screening. The building will include heating, air conditioning and mechanical equipment on the roof structure. The applicant shall provide cross section diagrams indicating that the equipment will not be visible from Highway 36 and Krueger Lane. Landscape Plan. A landscape plan has been provided by the applicant. It includes landscaping around the perimeter of the entire site and the internal site of Phase 1. Additional landscaping would be added as part of a Phase 2 approval process. The City Arborist has reviewed the plans and submitted comments in a review as attached. The landscape plan is subject to review and approval of the City Arborist. Grading, Drainage and Utility Plans. Grading, drainage and utility plans have been submitted. The City Engineer has commented on these plans as found in the enclosed attachments. All grading, drainage and utility plans shall be subject to review and approval of the city Engineer. Trash Enclosure. The trash will be stored internally to the building and handled through the trash compactor area. There will be no exterior storage of materials or dumpsters allowed in the rear of the building. Lighting. The Zoning Ordinance requires lighting levels to be held at one foot candle meter reading as measured from the centerline of a street, or at 0.4 foot candles as measured at a property line of an adjacent property. There are areas adjacent to the Menards property that exceed the allowable photometric allowances. The lighting plan should be adjusted to be compliant. S Page 42 of 84 Parking lot lighting throughout the development will be a standard shoe box fixture. All building light fixtures are also designed to be full cut off. All light fixtures will need to comply with the Zoning Ordinance. Building ei ht. The B -2 District specifies a maximum building height of 35 feet. To the highest point, the parapet of the Best Buy facade is 37 feet, four inches. The ordinance does allow parapet structures to a maximum height of 38 feet. The walls of most of the structure are at approximately 28 feet. The building complies with the Zoning Ordinance. Architectural Appearance /Design Guidelines. The proposed development is subject to the City's Design Guidelines that apply to all new commercial development in the City. The proposed buildings feature a variety of masonry types with both vertical and horizontal to break up the expanse of the facades. The building contains facade and roof articulation and variation in color and material to create a visual interest. The buildin g colors are primary earth tones. The Best Buy building is approximately 90 percent masonry construction and 10 percent glass. The blue EIFS with the yellow sign area is approximately 20 percent of the Best Buy facade but less than 5 percent of the building total. The Design Guidelines specify that less than 5 percent of the building total shall be a primary or vivid color. The approvals will be conditioned such that no other primary or vivid colors be used on the Phase 2 development. The Phase 2 development design would be reviewed with the general plan of development for that phase. A building materials sample board will be required for Planning Commission review and City Council approvals. The building will meet the standards of the Design Guidelines but Planning Commission review and City Council approval is required. Si na e. The signage requirements for structures in the B District specify a requirement of 100 square feet of signage or 15 percent of the building facade up to 300 square feet. Each of the tenants in the building would be allowed two wall signs with a third at rear entrances for delivery doors. Exceeding the allowable area of signage is done by conditional use permit. Increasing the number of allowable signs is by variance. Three walls signs and one freestanding sign have been prepared for Best Buy. The proposed signs and requirements are as follows: Wall Sins Freestandin Mans Allowable Proposed Number of sign Area sign Area sins Allowed 300 s+ uare feet 510 s. care feet 3 100 square feet 75 square feet 1 Two Best Buy "ticket" signs proposed, one on the front (east) facade and one on the Highway 36 (north) facade. The two signs total 492 square feet of sign area. The third sign is an informational sign for the car stereo install area. That sign is 18 square feet. 6 Number of Signs Proposed 3 1 Page 43 of 84 The freestanding sign is 20 feet in height and includes sign area consisting of 75 square feet to advertise Best Buy and a future tenant. The Best Buy sign is proposed at 44 square feet for the freestanding sign. The total Best Buy signage on site is 585 square feet or 285 square feet over what is allowed. A conditional use permit has been requested to address the additional signage. Allowing the additional sign area will have little visual impact due to the minimal percentage of overall facade area devoted to signage for this project. In support of the request, the proposed signage will have no negative impact on neighboring uses, traffic, or the provision of public services. The applicant will need to provide information on how the signs will be lit. Logos and text portions of signs are allowed to be lit. The "tag" Best Buy logo would be allowed to be lit, only the text portion of the car stereo install sign could be lit. Nienard Sign. In May of 1995, the City Council approved a request for a pylon sign for Menards. The City Council approved the sign as follows: "moved to approve a 200 square foot, 30 foot high pylon sign for Menards as a condition of their previously granted conditional use permit, with the further condition that the land the sign was located on be owned by Menards." When constructed in 1995, the sign was placed on an easement area of property owned by Mr. Brackey. It is intended that a flag lot would have been created with a strip of land extending from the Menards property to the location of this sign. This was never completed. The applicant has three options in addressing this sign issue as part of the current development request: 1, Remove the Menards sign. 2. Move the Menards sign to property owned by and physically connected to Menards. 3. Subdivide Brackey 4 Addition to create a parcel of land that extends to the sign and is legally combined with the primary Menards parcel. Car Display. The site plan indicates a Geek Squad display car that will be featured on the sidewalk of the Best Buy store. The vehicle will be an operable car. The City will limit this display to one car or object at a time as part of the planned unit development approvals. Utility Lines. Chapter 1008 of the City Code requires that utility lines as part of a subdivision of and or land development, be installed and maintained underground. The City has required this provision for other developments such as the CSM/Lowes development. The same utility line crossing in front of CSM /Lowes along 60 Street p y affects the Brackey /Best Buy project. A condition for utility burial will be placed as part of the planned unit development approvals and included in the development contract. Development Contract The applicant will be required to enter into a development agreement with the City pending approval of the planned unit development. The 7 Page 44 of 84 agreement shall specify the terms of the private and public improvements that will be done as part of the development process. CONCLUSION 1 RECOMMENDATIONS The proposed project is consistent with the Comprehensive Plan and will be compatible with the ro osed rezoning of the property to B -2, General Business District. Based p p � upon the preceding review, our office recommends approval of the following: 6 Rezoning from o, Open Space to B-2, General Business District (Lots 1 and 2, Block 1, Brackey 4 Addition) 6 Planned Unit Development Concept Plan of Development (Phase 1 and 2) t Planned Unit Development General Plan of Development (Phase 1, Best Buy) e Conditional Use Permit — minor auto repair (car stereo installation) and signage allowance • Preliminary /Final Plat O Site Plan and Design Guideline Review With the following conditions: 1. The p reliminary /final plat is subject to review and approval of the City Engineer and City Attorney. 2. The it Engineer shall comment on the traffic analysis provided by the y a pp traffic i applicant. The tra c 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, 4. The Planning Commission and Park Commission should comment on the private and public trail and sidewalk system for the area. The applicant shall provide a trail on the north side of 58 Street, from Krueger Lane to Oak Park Ponds and a north /south connection west of Menards and extending north on the west side of the wetland to bo Street. The location and construction of the trail shall be subject to review and approval of the City Engineer. 5. The Planning Commission shall comment on the 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 and City Council finds the proposed building layout and setbacks to be adequate and approves the general site plan as proposed. 8 Page 45 of 84 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 October 24, 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 subject to review and approval of the Planning Commission and City Council. 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. 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 facade 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: a. Remove the Menards sign. b. Move the Menards sign to property owned by and physically connected to Menards. c. Subdivide Brackey 4 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 sign or object at a time. 9 Page 46 of 84 20. The utility lines along 60 Street shall be removed as required by Section 1008 of the City Code and as specified in the development contract. 21. 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. 22. Ali 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. 23. A revised light plan with photornetrics shall be submitted meeting all Zoning Ordinance light intensity requirements subject to review and approval of City staff. 24. 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. 25. 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. 26. Ail noise created from operations on the site shall be in conformance with Section 401.1 .B.11 of the Zoning Ordinance. 27. Alt signs shalt include illumination of only the text and logo portion of the messages. 28. 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. 29. 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. 10 Page 47 of 84 November 20, 2007 Eric Johnson City of Oak Park Heights 14168 Oak Park Boulevard North PO Box 2007 Oak Park Heights, MN 55082 -2007 RE: Best Buy Request for City Council Approval of Facade Lighting Design Mr. Johnson Best Buy is requesting the City Council to approve a Facade Lighting design as per attached Facade Lighting Exhibit. The exhibit depicts the Front (East) and Side (North) facades during night time operations (condition the store will operated by for a third of the year). The upper half of the exhibit depicts the facade utilizing an up light type fixture design. The lower half depicts the same facade without the requested facade lighting improvements. It should be stated that the City of Oak Park Heights has adequately communicated, through ordinance and published design guides, its desire for both quality development design and avoidance of Tight pollution. However, the questions, and inherit concerns, Best Buy will voice during the Council hearing is. Do these same documents provide same concern for good facade illumination design within the commercial districts? Should measure of illumination design consider more than just the measure foot candle at grade? Recent commercial developments have been observed during after dusk operations. The quality of facade illumination varied. Some, such as Kowalsksi's and Ruby Tuesdays, incorporated facade lighting into its design successfully. While others, such as Lowe's, appeared devoid of facade illumination design, affecting negatively the development. Good facade illumination attempts to soften and transition between the glare and contrast created by storefront glazing, under canopy lighting and internally illuminated signs. Without softening or transitioning, under illuminated facades with high contrast light and dark) may appear less inviting or safe by the public. We believe this proposal provides good facade illumination design. We hope the council will take into considerations the forementioned concerns during the review of this request. Sincerely Yours, Chad Berreau, Assoc AIA (Title) WCL Associates, Inc. CC: Page 1 of 1 O ti f'E•ChIJE LIMO INC rytiglIVALE Pr,,,?0,11(XX. WCL Associates. hzc 4931 West 35 Street Suite 200 Si. 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Page 54 of 84 c 1 , (n* s MA* 2 OM � u) _„;,:r4, a i � a § F IC C ;/ #/ �� mt�- (4 1 LT10 w or) z z 0 8: 4 x6. v) 0 0 0 0 �t2 0 Z • V1 DQn DI .....1 0 u :t } +jr� f'i-l`�!),:�t {��••V•:?Vi.� *�..;;�����.� i �.,Z_ �Y�4r�` �'r•� f -. =� := :(:f %'� f 3: ' %1 tGjt;�w��f�n r1{ i�Y�,�lrl t vi %r f :r .i7•:1r ::' / 1.3��7:�.: +w .T1% NJ?= •: `tiS� %a sti•- `�f =:� r. + b'tr`;�Y,_ J V s^:"'rfi,:'�.',��:;: � � :;i; ;�,w; r�r �•;..�� �ti.�4��45� ;: +this} Page 57 of 84 4 cf5' 4 6' O 0 xu, 1 / !►N 0 • .r}istin .i Y �. C. e�lJf � ~�•i �.1�(n i[• atia �[GLSf 4• , Page 59 of 84 A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A 72ESOLUTION ESTABLISHING FINDINGS 'l F FACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY WCL ASSOCIATES INC., REPRESENTING ROBERT BRACKEY, FOR A PLANNED UNIT DEVELOPMENT, CONCEPT AN t GENERAL; CONDITIONAL. USE PE1tMIT; SUBDIVISION; SITE PLAN AND DESIGN REVIEW; AND REZONING OF THE SUBJECT PROPERTY FROM 0, OPEN SPACE DISTRICT TO B -2, GENERAL BUSIl+1ESS DISTRICT TO CONSTRUCT A RETAIL DEVELOPMENT INCLiJDING BEST IN SHOULD BE APPROVED WITH CONDITIONS WHEREAS, , the City of Oak Park Heights has received a request from WCL Associates Inc., representing Robert Bracket', for a planned unit development, concept and general; conditional use permit; subdivision; site plan and design review; and rezoning of the subject property from 0, 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: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: and SEE ATTACHME T B 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 Page 60 of 84 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; con diti on a,l use permit; subdivision; site plan and design review; and rezoning of the subject property from 0, 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 4th Addition) • Planned Unit Development Concept Plan of Development (Phase 1 and 2) • Planned Unit Development General Plan of Development (Phase 1, Best Buy) 6 Conditional Use Permit ----- minor auto repair (car stereo installation) and si na re allowance • Preliminary /Final Plat • Site Plan and Design Guideline Review And recommended the following conditions: 1. 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. PP �' p sportation. A copy of the approved access permit shall be provided to the City. 2 Page6l of84 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 58 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 facade ade of the Phase 1 and 2 building shall be limited to a total of five ( percent vivid or primary colors. 18. The applicant shall select one of the three options for addressing the Menards sign issue: 3 Page 62 of 84 a. Remove the Menards signs b. Move the Menards sign to property owned by and physically connected to Menards. c. Subdivide Brackey 4 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 tine. 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 1008 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. Ali noise created from operations on the site shall be in conformance with Section 401,15 , 13,11 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 Page 63 of 84 Recommended by the Planning Commission of the City of Oak Park Heights this 8th day of November 2007. ATTEST: Erie A. Johnson, City Administrator Warren Waseselia, Vice Chair 5 Page 64 of 84 Wa shin ,syn (ciuiri GE DescrJ boo: [_,ocat ion: a h 111 e 11 t ,ode: 05,„29 0 2 0 0 1 sublec,4' to easerneit;„ Brackay .,1 Address: 1-1 Adoress N %ssocineo („-:),;„,,, of 84 Zoning District Amendment, Conditional Use Permit, Site Plan /Design Guidelines Review, Preliminary & Final Plat Approvals, and Planned Unit Development: Concept & General Plans Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets /20 11X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (500 from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal Description(s) Conference With City Staff Upon Application submittal: October 17, 2007 Planning Commission Public Hearing & Recommendation: November 8, 2007 Conditional Use Permit - Lapse of Approval: PUD: Concept/ General — ATTACHMENT B Bob Brackey & Best Buy Multi - Tenant Retail Commercial Development 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 ( days before the expiration of said approval. (40103C4.a and b) 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) Page66of84 follows, to wit: and and RESOLUTION NO. CITY COUNCIL CITY OF OAK A. HEIGHTS WASHINGTON TON o UNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AN 1. RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY WCL ASSOCIATES INC., REPRESCNTING ROBERT BRACKEY, FOR A PLANNED UPIIT DEVELOPMENT, CONCEPT AND GENERAL; CONI➢I'SIONAL USE PERMiT; SUBDIVISION; SITE PLAN AND DESIGN REVIEW; AMID 12EZONING OF THE SUBJECT PROPERTY FROM 0, OPEN SPACE DI5TI2ICT TO B -2, GENERAL BUSINESS DISTRICT TO CONSTRUCT A RETAIL DEVELOPMENT INCLUDING BEST UY BE APPROVED WITH CONDITIONS SEE ATTACHMENT B WHEREAS, the City of Oak Park Heights has received a request from WCL Associates Inc., representing Robert Bracey, for a planned unit development, concept and general; conditional use permit; subdivision; site plan and design review; and rezoning of the subject property from 0, 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 recommended that the application be approved with conditions. The City Council of Oak Park Heights makes the following findings of fact and resolution: 1. 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: 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 Page 67 of 84 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 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 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 0, 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 is hereby conditionally approved by the City Council of the City of Oak Park Heights of the following: • Rezoning from 0, Open Space to B-2, General Business District (Lots 1 and 2, Block 1, Brackey 4 Addition) O Planned Unit Development Concept Plan of Development (Phase 1 and 2) O Planned Unit Development General Plan of Development (Phase 1, Best Buy) 1 Conditional Use Permit — minor auto repair (car stereo installation) and signage allowance • Preliminary/Final Plat 6 Site Plan and Design Guideline Review Subject to the following conditions: 1. 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. 2 Page 68of84 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. 4. The Park Commission should comment on the private and public trail and sidewalk system for the area. The applicant shall provide and pay for installation of a north /south connection trail west of Menards and extending north of 58 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 and City Council are 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 and City Council find 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 and City Council. 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 Bross 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 facade of the Phase 1 and 2 building shall be limited to a total of five (5) percent vivid or primary colors. 3 Page69of84 1 . The applicant shall select and implement one of the three options for addressing the Menards sign issue: a. Remove the Menards sign. b. Move the Menards sign to property owned by and physically connected to Menards. c, Subdivide Brackey 4 Addition to create a parcel of land that extends to the sign and is legally combined with the primary Menards parcel. The option selected will be specified within the development agreement and implemented concurrent with its execution. 19. The vehicle for the "Geek Squad" may be permitted on the Best Buy sidewalk but shall be limited to one vehicle at a tine. No other displays are permitted unless first approved by the City Planner. 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 1008 of the City Code and/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. "4. A revised light plan with photonnetrics 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 wail signs and one freestanding sign not to exceed a total of 585 square feet of sign area. 4 Page 70 of 84 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. Approved by the City Council of the City of Oak Park Heights this 27th day of November 2007. ATTEST: Eric A Johnson, City Administrator David Beaudet, Mayor 5 Page 71 of 84 Attachment A Washington County GEO Code: 05 29.20.2 0015 Legal Description: Outiot A, subject to easements, Brackey 3rd Addition Address: Physical Address Not Yet Assigned Location: SE Corner of Go St. N. & Krueger Ln. N, Page 72 of 84 ATTACHMENT 13 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 • Fees • Plan Sets (3 Large Scale Sets /20 11X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (5OO from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statements) /Legal Description(s) Conference With City Staff Upon Application Submittal: October 17, 2007 Planning commission Public Hearing & Recommendation: November 8, 2007 Conditional Use Perm t m 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 (1 2) 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: conce t eneral 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) Page 73 of 84