HomeMy WebLinkAbout2007-12-11 CC Meeting Packet EnclosureMeeting Date December 11 2007
Time Required: 10 Minutes
Oak Park Heights
Request for Council Action
Please see enclosed from Scott Richards, City Planner
- fi b:
Agenda Placement New Busine
Originating; DepartmentlRe estor, ,,, Eric Johnson, City Administrator
Requester's Signature
Action Requested Appro e R solution.
Background/Justification ( (I1ee indicate if previous action has been taken o • if other public
bodies have advised):
1
Agenda Item Title: WCL ASSOCIATES INC . PLANNED UNIT DEVELOPMENT
CONCEPT AND GENERAL; CONDITIONAL USE PERMIT; SUBDIVISYON; SITE
PLAN AND DESIGN REVIEW AND REZONING OF THE SUBJECT PROPERTY
FROM 0 OBUSINESS DISTRICT TO
CONSTRUCT A RETAIL DEVELOPMENT INCLUDING BEST BUY
1. Planners report - dated Oct 26 2007 (attachments may be found in the Nov
— Planning Commission Packet)
2. Request from Applicant (WCL) for Additional Facade Lighting Design
3. Final Planning Commission Resolution — unsigned
4. Proposed City Council Resolution
Page 45of 116
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 202, Golden Halley, MN 55422
Telephone: 763.231 .2555 Facsimile: 76323 `l .2561 planners acplanfifg.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, 60ttr Street North and Krueger Lane
FILE NO: 798.02 — 07.09
BACKGROUND
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 General Business District. The subject site, located at the corner of 60 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 60th 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:
Exhibit 1:
Exhibit 2:
Exhibit 3:
Exhibit 4:
Exhibit. 5:
Exhibit 6:
Exhibit 7:
Existing Conditions (Sheet 2)
Preliminary Plat (Sheet 3)
Final Plat — Brackey Fourth Addition
Civil Site Plan (Sheet 4)
Grading, Drainage and Erosion Control Plan (Sheet 5)
Sanitary Sewer and Water Main Construction (Sheet 6)
Storm Sewer Construction (Sheet 7)
Page 46 of 116
Exhibit 8: Landscape Plan (Sheet 9)
Exhibit 9: Plan Notes (Sheet CS -2)
Exhibit 10: Architectural Site Plan (Sheet AS -1.0)
Exhibit 1: Traffic Movements Plan (Sheet AS-1.0)
Exhibit 12: PUD Phasing Plan (Sheet AS# .1)
Exhibit 13: Photometric Plan (Sheet AS -1.2)
Exhibit 14: interior Plan .. Best Buy (Sheet A-0)
Exhibit 15: Exterior Elevations (Sheet A.6.0)
Exhibit 16: Exterior Elevations (Sheet A -6.1)
Exhibit 17: Building cross Sections (Sheets A -8, Aµ8-1)
Exhibit 18: Lighting Specifications
Exhibit 19: Colored Building Elevations
Exhibit 20: Project Narrative, October 1, 2007
Exhibit 21: Traffic Report
Exhibit 22: Report of City Engineer
Exhibit 23: Report of city Arborist
ISSUES ANALYSIS
Adjacent Uses. Uses adjacent to the subject site are listed below:
North of Site
South of Site
West of Site
East of Site
Present Zoning:
Present Use:
Present Zoning:
Present Use:
Present Zoning:
Present Use:
Stillwater Business Zoning North of Highway 36
60 Street North and Highway 361 Stillwater Business
Present Zoning: B-2, General Business District
Present Use: Menards
0, Open Space District
Wetland and Undeveloped Area
B-2, General Business District
Krueger Lane 1 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 Menard s' 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 60th Street and Krueger Lane, which has been shown on the site
plan.
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Page 47 of 116
The arkin lot improvements will also be phased with the development. All access
� � �
points will be established with the first phase, but the building pad a nd parking ter the
second phase will remain in grass until development, The planned unit development
phasing plan is shown as Exhibit 12 of this report,
Best Buy store would feature retail sales of electronic goods and the services found
The �
in similar stores. A car stereo install service is also intended as part of wh at is offered
at this location, The access doors for the stereo install location are found on the north
elevation,
The Menards' lon sin currently exists on the property owned by Mr. Brackey. The
py g
sig n is considered an off-site advertising sign and is prohibited by the Zoning
Ordinance. The sig n 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 8 -2 zoning and the proposed multi -
tenant retail and commercial service use is consistent with the Comprehensive Plan
designation.
Zoning. The propel
to be subdivided as Block 1, Lots 1 and 2 of Brackey 4 Addition
15 p ro osed to be rezoned from 0, Open Space to B -2, General Business District. The
p
applicants have applied for a planned unit development concept p and g eneral plan
improvements in that it will be a multi- tenant, phased project. The preliminary /final plat
p plat
that the ro erty will be split into two lots. The planned unit development
p p
would address cross access and parking utilization in the development. A conditional
use re ermit is required to allow the car stereo install service. Minor auto repair is a listed
P q
conditional use in the B-2 District.
Subdivision. A reliminary /final plat was submitted as part of this application, The
p
plat would take Outlot A of Brackey 3 Addition and create dock 1, Lots 1 and 2 of
p 4th Development. A separate Outlot A would
Brackey 4 Addition for the Best BuyiBrackey Deve 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
utiiit easernents would be provided as part of the plat, subject to review and approval
y
of the City Engineer. ineer. The park dedication for this property was already received by the
City as part of the previous Brackey Addition.
Street Access. Acces p
s for the development would be from Krueger Lane, Go Street
North and the Menards' parking lot. Mn /DOT would require an access permit for the
60 Street access. The Krueger Lane access is aligned with the Kohl's development to
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
p planned of the lanned unit development review. The City Engineer will provide a review of
the traffic study in a separate report.
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Page 48 of 116
Trails /Sidewalks, The site plan indicates trail connections to the existing trail on 60th
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 60th 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.
elopment.
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 401.15,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
30,250 X .9 = 27,225 ± 166 164 parking spaces
20,500 X ,9 ; 13,450 w 166 i spaces
275 parking spaces
182 parking spaces
„ 5 arkin s aces
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 49 of 116
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 wails. 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 shalt 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 plan, 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 rneasured 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.
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Page 50 of 116
Parking lighting throughout li htin throw hout 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 Height. The B -2 District specifies a maximum building height of 35 feet, To
� feet
the highest point, the parapet of the Best Buy facade is 37 feet, four inches, The
ordinance parapet does allow et structures to a maximum height of 38 feet. The walls of
p
most of the structure are at approximately 28 feet, The building complies with the
Zoning Ordinance.
Architectural earance /Design Guidelines. The proposed development is subject
t p� � commercial development in the
to the City s Design Guidelines that apply to all new commerc p
ra
City. proposed . The osed buildings feature a variety of masonry types with both vertical and
horizontal to break u p 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 go
is approximately 20 percent of the Best Buy facade but less than 5 percent mason construction and 10 percent glass. The blue EIF with the yellow sign
area
percent ercent of the
building total. The Design Guidelines specify that less than 5 percent of the building
total shall be a p rimary 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
Plannin g 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-2 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 b y conditional use permit Increasing the number of allowable signs is by
variance.
Three walls sig ns and one freestanding sign have been prepared for Best Buy, The
proposed signs and requirements are as follows:
Wall Signs
Freestandin• Si * ns
w..w+hwww.v
Allowable" �...
Area
300 sabre feet
100 s; uare feet
..._... Proposed
5{Area _
510 !pare feet
75 s. ware feet
6
Number of
Signs Allowed
._�. 3
1
�._..._,
Numberof
Signs PE2,p_ped
3
Two Best Buy `!ticket" signs proposed, one on the front (east) facade and one on the
Highway hwa 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.
Page 51 of 116
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.
Menard Sign. In May of 1996, 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 and
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 4th 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 land or land development, be installed and maintained underground. The
City has required this provision for other developments such as the C8M /Lower
development. The same utility line crossing in front of C MILowes along 60 Street
affects the BrackeyiBest 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
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Page 52 of 116
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 proposed rezoning of the property to B-2, General Business District. Based
upon the preceding review, our office recommends 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)
• Conditional Use Permit - minor auto repair (car stereo installation) and signage
allowance
• Preliminary /Final Plat
• Site Plan and Design Guideline Review
With 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. N Street access shall be approved by the Minnesota Department of
Transportation. A copy of the approved access permit shall he 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 Crane to Oak Park Ponds and a
north /south connection west of Menards and extending north on the west side of
the wetland to 60th Street. The location and construction of the trait 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 53 of 116
Only Phase 1 the Best Buy store, is approved as a planned unit development
general plant
8. The Engineer it n ineer 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 g �} drainage drains a and erosion control plan are subject to review and
approval by the City Engineer and the applicable Watershed District.
10, The plan submitted utilit lan is subject to review and approval by the City Engineer.
1 p plan The landscape lan 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 roof of parking the northwest at ththst corner of the building shall be
p p
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
P g
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
screenin g of the roof mechanical units. The views shall be from Krueger Lane
and Highway 36,
17. The front buildin g facade 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:
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 guy sidewalk shall be limited to one sign or object at
a time.
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Page 54 of 116
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. Ail 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 photometrics 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. Alt noise created from operations on the site shall be in conformance with
Section 401.15.B.11 of the Zoning Ordinance.
27. All signs shall 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
Page55of 116
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 light pollution.
However, the questions, and inherit concerns, Best Buy will voice during the Council hearing is. Do
these sane 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.
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Page 67 of 116
A RECOMMENDING RESOLUTION
OF THE
PLANNING COMMISSION
CITY F OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION E TABLI HIN FINDINGS OF FACT AND
RECOMMENDING IN TO THE CITY COUNCIL THAT THE
REQUEST EST WICL ASSOCIATES 1NC. REPRESENTING
ROBERT BRACKEY, FOR A PLANNED U I T 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
13-2, 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 WO,
Associates Inc. representing Robert Brackey, for a planned unit development, concept and
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 general; 1 . � ry Business District to construct a
retail development including Best Buy; and after having conducted a public hearing relative
thereto, the Planning Commission of Oak I
re p Park Heights makes the following findings of fact:
I. The real property affected by said application is legally described as
follows, to wit:
and
and
SEE ATTACHMENT A
2, The applicant has submitted an application and supporting
documentation to the Community unity Developrnent Department consisting of the following items:
SEE ATTACHMENT
3. `me ro per•ty is designated as commercial in the Land Use Plan of the
p 1
Comprehensive Plan; and
4, The ro erty is to be zoned 8-2, General Business District in which retail
p p
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 68 of 116
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 MANNING
COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING
COMMISSION RECOMMENDS THE FOLLOWING:
A. The application submitted by WCla Associates Inc., representing Robert f3rtackey, 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 ATTACI J .ENT A
Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for
approval ofthe following:
• Rezoning from 0, Open Space to Bµ2, General Business District (Lots 1 and 2, Block 1,
Braekey 4 Addition)
O Planned Unit Development Concept Plan of Development (Phase 1 and 2)
Planned Unit Development General Plan of Development (Phase 1, nest Buy)
O Conditional Use Permit — minor auto repair (ear stereo installation) and signage
allowance
• Preliminary/ Final Plat
O 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
traffi.c circulation plan accesses and required improvements shall be subject to review and
approval of the City Engineer,
3. bo 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
Page 69 of 116
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
r west of Menards and extending
��� for installation of a north/south thlsoE�tl� connection tra�� g
north of 58 Street on the west side of the wetland to dot 3 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.
g, 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 of the Phase 1 and 2 building shall be limited to a total of live
( percent vivid or primary colors.
18. The applicant shall select one of the three options for addressing the Menards sign issue:
3
Page 70 of 116
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 vehicle or object at a
time,
20. The Planning Corr fission 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 fi•orn 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
401.1 5.13.11 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 requi rements for extension andlor construction of City roadways,
utilities for the site and related water, sanitary sower and stony) sewer improvements.
4
Page7l of 116
Recommended by the Planning Commission of the City of Oak Park .- Heights this 8th day
of November 2007.
ATTEST:
Eric A. Johnson, City Administrator
Warren Wasesolia, Vice Chair
5
Page 72 of 116
Attachment A
Washington County GEO Code: 05.29 20.22.0015
Legal Description: O utiot A, subject to easements, Braokey 3rd Addition
Address: Physical Address Not Vet Assigned
Location: SE Corner of 60 St. N. & Krueger Ln. N.
Page 73 of 116
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 (500' 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 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. (40103C.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.C2e)
Page 74 of 116
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF THE CITY COUNCIL THAT THE
REQUEST BY WO, ASSOCIATES INC., REPRESENTING
ROBERT BRACKEY, FOR A PLANNED UNIT DEVELOPMENT,
CONCEPT AN» GENERAL; CONDITIONAL USE PERMIT;
SUBDIVISION; SITE PLAN AND DESIGN REVIEW; AND REZONING
OF THE SUBJECT PROPERTY FROM 0, OPEN SPACE DISTRICT TO
B-2, ENE AL BUSINESS DISTRICT TO CONSTRUCT A RETAIL
DEVELOPMENT INCLUDING BEST BUY
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 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:
follows, to wit:
and
and
RESOLUTION O.. M..
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
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:
SEE ATTACI 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 75 of 116
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 MY COUNCJ.L 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,
i3rackey 4t Addition)
• Planned Unit Development Concept Plan of Development (Phase 1 and 2)
• Planned Unit Development General Plan of Development (Phase 1, Best Buy)
• Conditional Use Permit --w minor auto repair (car stereo installation) and signage
allowance
• Preliminary/ Final Plat
e 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 76 of 116
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 he 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
apps icant.
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 Arhorist,
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 pernnitted 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 of the Phase 1 and 2 building shall be limited to a total of five
( percent vivid or primary colors.
3
Page 77 of 1 6
18. 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 pared.
The option selected will be specified within the development agreement and implemented
concurrent with its execution,
19, The vehicle for the "Leek Squad" may be permitted on the Best Buy sidewalk but shell
be limited to one vehicle at a time 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 l 00 8 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. `'here shall be no flood lighting of building facades.
24. A revised light plan with photonnetries shall be submitted meeting all Zoning Ordinance
light intensity requi rements 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 oftbe 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.
4
Page 78 of 116
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 l3eaudet, Mayor
5
Page 79 of 116
Attachment A
Washington County GEO Code: 05.29.20.22 0015
Legal Description; Outlot ■, subject to easements, Brackey 3rd Addition
Address: Physical Address Not Yet Assigned
Location: SE Comer of 60 St, N. & Krueger Ln, N.
Page 80 of 116
ATTACHMENT 6
Zoning District Amendment, Conditional Use Permit,
Site Plan /Design Guidelines Review, Preliminary & Final Plat Approvals, and
Planned Unit Development: Concept & General Plans
Bob Brackey 8, 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 (500' from subject property)
• Proof of Ownership or Authorization to Proceed
• Property Tax Statement(s)fLega l Description(s)
Conference With City Staff Upon Application Submittal: October 17, 2007
Planning commission Pudic Hearing & Recommendation: November 8, 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
( days before the expiration of said approval. (401 03C4.a and b)
PAl ; ponce tj ene1 al -�
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 .0@.C.2.e)
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