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HomeMy WebLinkAbout2007-07-24 CC Meeting Packet EnclosureMeeting Date Page 53 of 118 Oak Park Heights equest for Council Action July 24tb,, 2007 Time Required: 10 Minutes Agenda Item Title: Jerden LL --- Re uest for Cora ■ rehensive Plan Amendment, Conditional Use Sign Variance, S.14:bdiyision Re a a.ttin yacat ors of e)__ st n uti1i and maina e easements and site Flan. Desi .n Guideline Review `o allow the Development of Automobile Dealershi Corner of 58th Street and Memorial Ave.. Please see enclosed from Scott Richards, City Planner: • Agenda Placement New BusinesP') r , 7 / 3 Originating Department/ eq .eslor ffi ric Johnspr. ,..City Administrator .� . / ..4 / /I' „.... .,,„....,...,....„,......______„.......... Requester's Signature / } if / / if / r d. Agprgys_EL?,'ss Action Requested Conditions I / r Background / Justification ' ( lease indicate if any previous action has been taken or if other public bodies have advised): � Staff Report dated July 5th, 2007 (attachments can be found in the July Planning COMMiSsiouu packet) 2. Planning Commission Resolution - Unsigned 3 Proposed City Council Resolution: NORTHWEST ASSOCIATED ON ULTANT , INC. +�i "ib��yr`,` 4800 Olson Memorial Highway, Suite 202, Golden valley, MN 55422 Telephone: 763.231 .2555 Facsimile: 763.231 .2561 planners@nacplanning.com PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: July 5, 2007 RE: Oak Park Heights - Denny Hecker's Cadillac - Pontiac - MC — 58th Street North and Morning Dove Avenue South FILE NO: 798.02 — 07.06 BACKGROUND Jerden, LLC has applied for a Comprehensive Plan amendment, Zoning District amendment, conditional use permit, sign variance, subdivision replating, vacation of existing platted utility and drainage easements, and site plan /Design Guidelines review to allow for development of a new automotive dealership at the corner of 58th Street North and Morning Dove Avenue. The dealership would be moved from its current location at Highway 36 and Osgood Avenue in Oak Park Heights. The submittal plans show a 31 ,070 square foot building proposed for a 4.95 acre site. Jerden LLC owns the remaining area east of Memorial Avenue North and south of 58 Street (other than the existing S &C Bank on Morning Dove Avenue). The site would be replatted to create the lot for the dealership and the remaining 7.80 acres would be platted as an outlot. The plans indicate the location of a future public street adjacent that would eventually connect Memorial Avenue to 58 Street. The site is in the B -3, Highway Business District that would require a conditional use permit for open and outdoor sales. A site plan review and sign variance are also required for the auto dealership. The auto dealership lot would remain zoned B -3 District and the underlying Comprehensive Plan designation will remain as Highway Business Warehouse. For the remaining property, the applicant proposes a change to a commercial land use designation and rezoning to B -2, General Business District. Page 54 of 118 Attached for reference: Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Exhibit 9 Exhibit 10 Exhibit 11 Exhibit 12 Exhibit 13 Exhibit 14 Exhibit 15 Exhibit 16 Exhibit 17 Exhibit 18 Exhibit 10 Exhibit 20 Exhibit 21 Exhibit 22 ISSUES ANALYSIS Preliminary Plat, Jacob Third Addition (PPI) Preliminary Plat; Topography (PP2) Preliminary Site Plan (A1.1) Preliminary Landscape Plan (L1.1) Preliminary site Lighting Plan (SLI.1) Photometric Plan Fixture Specifications Preliminary Signage Plan (S1.1) Freestanding Sign Details (S1.2) Preliminary Main Level Plan (A2.1) Preliminary Second Level Plan (A2.2) Preliminary Building Elevations (A3.1) Trash Enclosures (Al 2) Proposed Grading Plan and Erosion Control Plan (C1) Proposed Utility Plan (C2) Proposed Utility Plan (C3) Color Building Elevations Project Narrative by Applicant Rezoning, Replatting and Vacation Narrative by Applicant Preliminary Parcel Layout (AOi) Memorandum from Kathy Widin, City Arborist Memorandum from Karen Erickson, City Engineer Comprehensive Plana The Oak Park Heights Comprehensive Plan Land Use Map guides this site as Highway Business Warehouse. The proposed auto dealership is compatible with the Comprehensive Plan and use designation and is allowed within the B-3 District as a conditional use. The applicant does not propose a change in the and use designation or zoning for the auto dealership portion of the site. The remaining area, to be replatted as Outlot A, is proposed to be redesignated to commercial land use and zoned to B -2, General Business District. The and use designation change for the Outlot A area is a policy decision by the City Council. When the city annexed the Kern Center, it was decided at that time the area would be designated and zoned in such a way as to encourage the construction of business warehousing uses in this area west of State Highway 5. At the time, the City had significant areas designated and zoned for general commercial use with frontage on Highway 36. The City encouraged retail, restaurant and service uses in the B -2 District areas along Highway 36 and now those areas are almost completely developed. Staff recommends a land use designation change to commercial, for the areas within Outlot A. The site is provided significant visibility from State Highway 5 and convenient Page 55 of 118 2 access from 58th Street. It would be an appropriate area for development of general commercial uses. Zoning. The property is zoned B -3, Highway Business and Warehouse District. As indicated, the B -3 District will remain for the auto dealership property and will require a CUP. A review of the CUP criteria will follow later in the report. The outlot A property is proposed to be rezoned to 8-2, General Business District if the Comprehensive Plan designation change is approved. The B -2 District allows for a wider range of retail and service uses as well as restaurants. Subdivision. The subject property is platted as Lot 2, Block 1, Oak Park Station. The s &c Bank site is Lot 1, Block 1, Oak Park Station. The auto dealership site will be replatted to Lot 1, Block 1, and the remaining property would be Outiot A, Jacob Third Addition. Morning Dove Avenue South right -of -way and roadway would remain in its current location at this time. The applicants prefer creating an outlot in that the future development has not been determined for this area. The property would be replatted into lots, blocks and possibly additional right -of -way when there is a development proposal. The plans indicate a possible right -of -way location that would connect Memorial Avenue North and 58 Street/Morning Dove Avenue. This is only shown to give the City a potential concept for access into the site. As part of this platting, the applicants have proposed that all existing utility and drainage easements on Lots 5, 8 and 7, Block 1, Kern Center 2nd Addition, Lot 1, Block 2, Kern Center and on Lot 2, Block 1, Oak Park Station c=reated by said plats be vacated. These easements are no longer needed in that the new plat has created new lot lines that do not follow the original plat. The utility and drainage easements created by Oak Park Station must remain for drainage on Lot 2, Block 1 will be rededicated on the new plat of Jacob Third Addition. Access /Roadways. The city Engineer has done a preliminary review of the plans and offers the following comments. The complete review memo is found as Exhibit 22. 1. It is recommended that the entrance on Morning Dove Avenue be moved further south to line up with the customer parking drive aisle. This will facilitate better traffic operations as the future street is completed. Moving the access point will help maintain the integrity of the intersection of 58 Street and Morning Dove Avenue. (This change was made in the most recent plan.) 2. The turning radius from the parking lot to Memorial Avenue will need to be increased for the delivery trucks so that they will not drive over the curb and to minimize the need for the trucks to encroach into oncoming traffic lanes. 3. It is recommended that the south radius at 58 and Memorial Avenue be increased from 42 feet to 60 feet. Even with the larger radius, trucks turning right Page 56of 118 3 from Memorial to 58 will need to drive into the west bound lane on 58 Street, however they will be able to remain on the pavement. Revisions will be required on the traffic signal and loop detectors at Highway 5 and 58 Street. Mn/DOT will need to review and approve these revisions. 5. It is recommended that 58 Street will be widened to four lanes from Highway 5 to Morning Dove Avenue and then taper back to the existing two lanes on the west side of Morning Dove. 6. For the circulation of traffic, future development of the entire Denny Hecker site will require additional roadway improvements. The City Engineer further recommends the applicant contact Mn /DOT on the following issues: 1. Setbacks from Mn /DOT's right -of -way for proposed improvements. 2. Modifications 58 Street at Highway 5 within Mn /DOT's right -of -way. 3. As stated above, any signal modifications at 58 Street and Highway 5, Lot Performance standards. The following table compares the required and proposed dimensions and setbacks for the Denny Hecker site in the B -3 District. The dimensions of the proposed site are compliant with the dimensions required by the district. Required Proposed Area 15,000 sf 215,900 sf Lot Width 0 feet Front (North) 10 40 feet 369 95 feet Page 57of118 4 Side ( East) 20 feet 68 feet Setback Side (West) 20 feet 55 feet Rear (south) 40 feet 195 feet All of the parking areas, light fixtures and bases and monument signs are setback the required dimensions. Impervious Surface Coverage. Within the B -3 District, not less than 20 percent of the lot shall remain as impervious surface and landscaping. The site plan indicates that 13.8 percent of the `site will be covered with buildings, 65.4 percent will be paving and sidewalk, and 20.8 percent will be landscaping in accordance with the Zoning Ordinance. Grading, Drainage and utility. Grading, drainage and utility plans have been submitted and are subject to review by the City Engineer and the Brown's Creek Watershed District. Stormwater is directed into the pond within the Kern Center that was constructed to accommodate drainage from this area. The grading, drainage and utility plans shall be subject to approval of the City Engineer and Brown's Creek Watershed District. Parking. The City's Zoning Ordinance does not have parking standards related to open and outdoor sales of cars, trucks or vans. In the past, calculation of required parking stalls has been based upon the requirements for outdoor boat sales. On the plans, the applicant has shown the parking requirements based upon requirements for retail sales, storage and automotive services. Both calculations are included here and both methods indicate that the site will meet all parking requirements. Boat Sates: Boat sales require one space for each 400 square feet of floor area for the first 25,000 square feet, plus one space for each 600 square feet thereafter. The total square feet of the new building is 31,076; after subtracting ten percent, the calculated area is 27,908. The resulting parking space requirement for this site is as follows: Sales/Simge/Service: 31,076 square feet x 9 = 27,968 sq.ft. 25,000 square feet : 400 = 63 spaces 2,968 square feet ± 600 = 5 spaces 68 spaces Retail sates require one space for each 200 square feet of floor area, storage uses range one space for each 800 square feet of floor area and service areas require eight parking spaces, plus one additional space for each 800 square feet of floor area over 1,000 square feet. The resulting parking space requirement for this site is as follows: Sales: 10,831 x .9 = 9,748 square feet 200 = 49 spaces Storage: 5,093 x .9 = 4,583.7 square feet ÷ 500 = 9 spaces Service: 15,152 x .9 = 13,637-1,000 = 1 2,637 ÷ 800 = 16+8 = 24 spaces Total Spaces Required.... 82 spaces By using the boat sates method, 68 spaces are required. Utilizing the other method, 82 spaces are required. The plans have indicated a total of 88 parking spaces dedicated and signed for customers, service and employees. There are an additional 293 spaces for vehicle display resulting in an overall total of 381 spaces. The parking requirements are met with the plan as presented. Vehicle Display. The plans indicate five vehicle display pads that are separate from the parking areas. The display pads are proposed to be compliant with the 10 foot setback requirement. The applicant has indicated that the pads are placed at ground level. The plans also indicate vehicle display on the south side of the lot that is within a Page 58 of 118 S green space area. No vehicle parking will be allowed in this area or on non paved areas. Sidewalks /Trails. The submitted plans do not include any plans for sidewalk or trail extensions. The Park and Trail System Plan indicates the addition of trails on 58 Street and continuing on Memorial Avenue North, around the proposed dealership, There are sidewalks /trails that exist on a portion of 58th Street at Morning Dove Avenue. Staff has suggested that the sidewalk would continue from 58 Street on Morning Dove Avenue with the possible future connection to Memorial Avenue North. The Planning Commission and City Council should comment on the location of the trailslsidewalks. Parking Stall /Driveways /Loading Areas. All of the parking stalls that are indicated are dimensioned at 9 feet by 20 feet in compliance with the Zoning Ordinance standards. Most of the drive aisles are dimensioned at 22 feet although some aisles in the vehicle display areas are shown at 20 feet. The drive aisle dimensions should be subject to review and approval of the City Engineer. The site plan indicates two loading berths on the south side of the building. The landscape plan indicates a row of Techny Arborvitae to partially screen the loading area and a wall has been extended from the building to screen trucks parked in the berths. Landscaping. The City Arborist and City Planner agree that the landscape plan for the site is minimal. Additional trees should be planted on the site perimeter and the species diversity must be broadened. The interior plantings within the site appear to be acceptable. The pylon, monument and directional signs will need to be provided with plantings as required in Section 4O . `l 5.G Signs of the Zoning Ordinance. The City Arborist has provided comments as found in Exhibit 21. A revised landscape plan reflecting the recommendations of the Planning Report and the City Arborist comments shall be provided to the City and subject to the review and approval of the City Arborist, Building Height and Design Guidelines. The building heights meets the maximum requirements of the Zoning Ordinance. The proposed building at the highest point to the top of the proposed wall is 30 feet; a 35 foot building is allowed within this district. The building elevations indicate front entrance areas on the east and south elevations with significant aluminum curtain walls with glass windows. The majority of the remaining walls is a rock face concrete masonry unit and EIFS, both in an off - white. The front entrances are also framed with an aluminum composite panel in a silver color. The amount of class and the quality of the primary building materials will meet the intent of the Design Standards. Building materials and color samples will need to be provided for Planning Commission and City Council review, The applicant shalt specify all building materials and colors including doors and trim. Colored elevations have been provided for Planning Commission and City Council review. Page 59 of 118 6 Buiidin i na a Pre used Location Si • n Area . East Elevation Denny Hecker's 40 square feet Cadillac Logo __ 20 square feet G M C Logo 20 square feet Pontiac Logo g 20 square feet q _.. Service 10 square feet Service 10 square feet North Elevation De_ nn Decker's 4o s uare feet South Elevation Cadillac Lo 0 20 s uare feet G M C Logo • Pontiac 20 square feet Logo 20 square feet Total Building Wall ignag_ 220 square feet Lighting Plan. A site lighting plan specifies the location of the lighting fixtures within the parking lot and on the building. All of the fixtures would be a full cut off shoe -box style fixture. The fixtures will be 22 feet in height placed on a three foot concrete base in compliance with the Zoning Ordinance lighting provisions. Two of the poles and fixtures indicate 1 ,000 watt floodlights to feature the front of the building. Floodlights are not allowed, although architectural down lighting can be utilized to light the building front. The Zoning Ordinance requires the following regarding lighting intensity: "No light source or combination thereof which cast light on a public street shall exceed one (1) foot candle meter reading as measured from the centerline of said street nor shall any light source or combination thereof which cast light on adjacent property exceed four - tenths (0.4) foot candles as measured at the property line, per the method outlined in Section 401,15.B. 7.e." It appears as though the lighting plan will not meet the standards of the Zoning Ordinance in terms of intensity. The applicant shall provide a revised lighting plan with compliant foot candle readings at the property line and within adjacent rights -of -way. The final lighting plan shall be subject to approval of the city staff. The Zoning Ordinance requires that outdoor lighting for parking lots serving commercial businesses shall be turned off one hour after closing, except for approved security lighting. The applicant shall provide a plan, subject to approval of City staff, indicating what lights will be shut off or remain lit to comply with this requirement. signage. The signage plan indicates 10 wall signs and four freestanding signs. The wall signage range in size from a maximum of 40 square feet to 10 square feet for directional signage. Of the proposed freestanding signs, one is a 20 foot tali pylon sign and the others are monument and directional signs. The size and location of each of the signs is described in the following table. Page 60 of 118 7 Pylon, Monumen t, and Directional Signage Proposed Location .. _ Sign SE Lot Corner Pylon Sign (20 feet) NE Lot Corner Memorial Ave No Entrance Morning Dove Entrance Total Freestandin. Si. na ■ e TOTAL SITE SIGNA E PROPOSED Page 61 of 118 8 Monument Sign (8 feet) Directional Sign (4 feet Directional Sign (4 feet) Area 150 square feet 120 square feet 0 square feet 70 square feet 410 s• uare feet 630 s quare feet Allowable total sign site signage is 300 square feet total for properties in the B-3 District. The sign provisions of the Zoning Ordinance allows a total of two wall signs with each sign placed on a separate building facade. One freestanding sign with 100 square feet and a height of 20 feet and two additional monument signs that do not extend eight feet in height are also allowed. All freestanding signs must be surrounded by a landscaped planter at least three feet in height or appropriate plantings around the sign must be provided. The proposed signs on the building and the freestanding signs are exceeding both the number and area allowed within the Zoning Ordinance. The applicant has applied for a sign variance to allow the proposed signs indicated in the included plans. Section 401.15.G.16 reviews the following conditions for sign variances: 1. The particular physical surrounding, shape, or topographical conditions of the specific parcel of land involved exist. The parcel is not visible from Highway 36 and future commercial development will block views into the site from Highway 5. 2. That the condition involved is unique to the particular parcel of land involved. The signs requiring the variance are specific only to an auto dealer to easily direct customer traffic to the building and within the dealership property. 3. That the purpose of the variation is not based exclusively upon a desire to increase the value of income potential of the business involved. The purpose of the signs is to advertise the business, but many of the signs are directional to show where cars are for sale, where parks are for sale or where cars are serviced. 4. That the alleged difficulty or hardship is caused by this Ordinance and has not been created by any persons presently having an interest in the parcel. The large car dealership will require more signage to identify merchandise and to ensure movement can happen on site without confusion or congestion. 5. That the granting of the variation will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood. The signs are for the sole use of the property, since they are attached to a building set back a large distance from residential use they should in no way be detrimental to the surrounding areas. 6. That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets or interfere with the function of the Police and Fire Departments of the city. The signs will be attached flush against the building, therefore, they should not interfere with any ground movement nor impair supply of light or air from other properties. The freestanding signs are adequately setback from rights -of -way. The Planning Commission and City Council shall review the conditions and determine if the number of signs and overall footage is appropriate. The request by the applicant does not differ greatly from allowances granted to other automotive dealerships in the City. The wall signage is conservative in size and much of the message is informational or directional. Other than the pylon sign, the freestanding signs are within size limits and provide more directional than advertising messages. Due to the restricted views that the dealership will have once the area is developed, a sign variance is warranted for what has been requested. Trash Enclosures. One trash enclosure is indicated in the parking lot, south of the dealership building. A plan indicating the structure and building materials has been provided to the city for review and approval. ' The trash enclosure could be better screened with additional landscaping. Flag Pole. A flag pole location is shown on the site plan. The applicant shall provide the proposed size of the flag and indicate how the flag will be it and raised and lowered. Outdoor Paging Systems. Under the noise provisions of the Zoning Ordinance, use of outdoor paging systems will not be allowed on site. Alt noise created from operations on site shall be in conformance with section 401.1 5.13.11 of the Zoning Ordinance. Automotive Repair Activities. Vehicle repair activities shall be limited to within the principal structure and the doors to the service bays shall be left closed except for vehicles moving in and out of the service areas. Additionally, there will be no exterior storage of automobile parts or related items on site, CUP Review Criteria. The Conditional Use Permit criteria for open and outdoor sale of vehicles are listed below with the review of each: 1. Outside sales areas are landscaped and fenced or screened from view of neighboring residential uses or abutting residential districts. Page 62of118 9 There are no neighboring residential uses or abutting residential districts to be considered in this area. The loading dock area will need to be more fully screened from view of adjacent right -of -way. 2. All lighting shall be hooded and so directed that the light source shall not be visible from the public right- of-way or from neighboring residences. A revised photometric plan shall be submitted to ensure that foot candles do not exceed the requirements set forth by the ordinance. Proposed light fixtures are hooded at 90 degrees. Flood lighting of the front facade will not be allowed. 3. Areas are asphalt or concrete surfaced. Submitted plans show area to be surfaced with concrete curb around the parking area. A ground area labeled for vehicle display wilt not be allowed for parking of vehicles. 4, Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the City's ability to provide utility, police, fire, administrative or other services to the site: The use will not exceed the city's ability to provide services. 5. The provisions of Section 401.O3.A.7 of the Ordinance are considered and satisfactorily met. The proposed use follows the current use of the site; therefore, is an appropriate use provided that conditions of approval are met. Development Agreement. A development agreement will be required for the subdivision and roadway impact issues. The agreement shall be subject to review and approval of the City Attorney. CONCLUSION/RECOMMENDATION The new automobile dealership at the corner of 58 Street North and Morning Dove Avenue is an appropriate use and is allowed as a conditional use permit in the B -3 District. staff recommends approval of the Comprehensive Plan amendment and zoning district amendment for the 7.66 acres that will be platted as an outlot and will not be part of the dealership. staff further recommends the conditional use permit, sign variance, subdivision replatting, vacation of existing platted utility and drainage easements, and site plan /Design Guidelines review for the auto dealership with the following conditions: Page 63 of 118 10 The City shall require a redevelopment plan, demolition plan, or plan to bring the existing dealership properties at 14738 60th Street North and 14702 60th Street North compliant with all conditional use permit conditions previously approved by the City Council. The plans shalt indicate a timeline for redevelopment, demolition or compliance, and shall be submitted no later than January 30, 2008. Said plans shall be subject to review and approval of the City Council and City staff. 2. All existin utility and drainage easements on Lots 5, 6 and 7, Block 1, Kern Center 2 Addition; Lot 1, Block 2, Kern Center and on Lot 2, Block 1 Oak Park Station shall be vacated subject to review and approval of the City Engineer and City Attorney. 3. All required utility and drainage easements created by the Oak Park Station shall be rededicated on the new plat of Jacob Third Addition subject to review and approval of the City Engineer and City Attorney. 4. All City Engineer recommendations for roadway, traffic, and access improvements, as outlined in the July 3, 2007 letter, shall be implemented by the applicant. 5. The applicant shall receive approvals, as required from Mn /DOT, for setbacks, modifications to 58 Street, and signals at 58 Street and Highway 5, as outlined in the July 3, 2007 letter from the City Engineer. 6. The Planning Commission and City Council should comment on the preferred location of trails on 58 Street and Memorial Avenue. 7. The grading, drainage and erosion control plan are subject to review and approval by the City Engineer and Browns Creek Watershed District. 8. The submitted utility plan is subject to review and approval by the City Engineer. 9. Customer parking stalls shall be appropriately signed. 10. No vehicle parking shall be allowed outside of the paved parking areas or five designated and paved display pads on site. 11. All drive aisles shall be at least 22 feet in width or subject to review and approval of the City Engineer. 12. The landscape plan shall be subject to review and approval of the City Arborist. 13. Building materials and color samples shall be provided for Planning Commission and City Council review and approval. Page 64 of 118 11 14. All parking lot lighting shall be full cut off, shoe box style fixtures that do not exceed 25 feet from ground level to the top of the fixture. 15. Al! building lighting shall be full cut off, shoe box fixtures. There shall be no flood lighting of building facades. 16. A revised light plan with photometrics shall be submitted meeting all Zoning Ordinance light intensity requirements subject to review and approval of City staff. 17. 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. 18. The trash enclosure shall be provided with additional screening landscaping, subject to review and approval of the City Arborist. 19. The applicant shall provide details on the size of the flag and how the flag will be lit, and raised and lowered. 20. All automobile repair 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, 21. There shall be no exterior storage of automobile parts or related items on the site. All parts storage shall be internal to the building. 22. All noise created from operations on the site shall be in conformance with Section 401.15.B.11 of the Zoning Ordinance. 2. An outdoor paging system shall not be allowed. 24. The applicant shall receive and retain, if required, a Hazardous Waste Generators License from Washington County for the automobile dealer /service operation. 25. 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. Page 65 of 118 12 A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL CI THAT THE REQUEST BY JERDEN LLC FOR A COMPREHENSIVE PLAN AMENDMENT, ZONING DISTRICT AMENDMENT, CONDITIONAL USE PERMIT, SIGN VARIANCE, SUBDIVISION REPLATTING, VACATION OF EXISTING UTILITY AND DRAINAGE EASEMENTS, AND SITE PLAN/DES1GN GUIDELINES REVIEW TO ALLOW FOR THE DEVELOPMENT OF A NEW AUTOMOBILE DEALERSHIP AT THE CORNER OF 8 STREET AND MORNING DOVE AVENUE SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Jerden LLC for a Comprehensive Plan amendment, zoning district amendment, conditional use permit, sign variance, subdivision replatting, vacation of existing platted utility and drainage easements, and site plan /Design Guidelines review to allow for the development of a new automobile dealership at the corner of 58 Street and Morning Dove Avenue; 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 SEE ATTACHMENT A 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: follows, to wit: and and City: Page 66 of 118 A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA SEE ATTACHMENT B 3. The applicant has specifically requested the following actions from the a. A Comprehensive Plan Land Use Map amendment to redesignate the area to be described as Outlot A, Jacobs Third Addition from Highway Business to Commercial land use. b. A rezoning of that area to be described as Outlot A, Jacobs Third Addition from B -3, Highway Business and Warehouse to 13 -2, General Business District. c. A conditional use permit to allow an auto dealership in the B -2, General Business District. d. A replatting of the area from Oak Park Station to Jacobs Third Addition. e. A vacation of existing utility and drainage easements on Lots 5, 6 and 7, Block 1, Kern Center 2" Addition; Lot 1, Block 2, Kern Center; and on Lot 2, Block 1, Oak Park Station, f.. A variance to exceed the allowable site signage to 630 square feet and the number of allowable freestanding and wall signs. g. Site plan and Design Guidelines review and approval. 4. City staff prepared a planning report dated July 5, 2007 reviewing the requested actions and 5. City staff recommended in the July 5, 2007 planning report that the requests be approved with conditions; and 6. The Planning Commission held a public hearing at their July 12, 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 Jerden LLC for a Comprehensive Plan amendment, zoning district amendment, conditional use permit, sign variance, subdivision replatting, vacation of existing platted utility and drainage easements, and site plan/Design Guidelines review to allow for the development of a new automobile dealership at the corner of 58 Street and Morning Dove Avenue 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 with the following findings: Comprehensive Plan Amendment: 1. The site is provided significant visibility from Highway 5 and convenient access from 58 Street. The area to be redesignated is an appropriate area for development of general commercial uses. Page 67of 118 2 2. The land use designation of commercial is consistent with the goals and policies of the Comprehensive Plan. 3. The commercial land use designation is compatible with the surrounding highway business and warehouse uses of the area. Zoning Amendment: 1, The B -2, General Business District is compatible with the surrounding B -3, Highway Business and warehouse District uses. 2. An existing area of B -2, General Business District is found directly across Highway 5 from the area to be rezoned. Variances: 1, Due to restricted views that the auto dealership will have once the area is developed, a sign variance is warranted for what is requested. 2. The proposed wall signage is conservative in size and much of the message area is informational or directional. 3. Other than the pylon sign, the freestanding signs are within allowable sign limits and provide more directional than advertising messages. And subject to the following conditions: 1. The City shall require a redevelopment plan, demolition plan, or plan to bring the existing dealership properties at 14738 60 Street North and 14702 60 Street North compliant with all conditional use permit conditions previously approved by the City Council. The plans shall indicate a timeline for redevelopment, demolition or compliance, and shall be submitted no later than January 30, 2008. Said plans shall be subject to review and approval of the City Council and City staff. 2. All existing utility and drainage easements on Lots 5, 6 and 7, Block 1, Kern Center 2" Addition; Lot 1, Block 2, Kern Center and on Lot 2, Block 1 Oak Park Station shall be vacated subject to review and approval of the City Engineer and City Attorney, 3. All required utility and drainage easements created by the Oak Park Station shall be rededicated on the new plat of Jacob Third Addition subject to review and approval of the City Engineer and City Attorney. 4. All City Engineer recommendations for roadway, traffic, and access improvements, as outlined in the July 3, 2007 letter, shall be implemented by the applicant. 5. The applicant shall receive approvals, as required from Mn/DOT, for setbacks, modifications to 58 Street, and signals at 58 Street and Highway 5, as outlined in the July 3, 2007 letter from the City Engineer, Page 68 of 118 3 6. The Planning Commission and City Council recommends that a trail be extended the full length along 58 Street to Memorial Avenue in conjunction with the development of the auto dealership. 7. The grading, drainage and erosion control plan are subject to review and approval by the City Engineer and Browns Creek 'Watershed District. 8, The submitted utility plan is subject to review and approval by the City Engineer. 9. Customer parking stalls shall be appropriately signed. 10. No vehicle parking shall be allowed outside of the paved parking areas or five designated and paved display pads on site. 11. All drive aisles shall be at least 22 feet in width or subject to review and approval of the City Engineer. 12. The landscape plan shall be revised to address the comments of the May 30, 2007 landscape plan review subject to approval of the City Arborist, 13. The building materials and color samples provided by the applicant are favorable to the Planning Commission. 14. 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. 15. 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. 16. A revised light plan with photoretrics shall be submitted meeting all Zoning Ordinance light intensity requirements subject to review and approval of City staff. 17. 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. 18. The trash enclosure shall be provided with additional screening landscaping, subject to review and approval of the City Arborist. 19. The applicant shall provide details on how the flag will be lit, and raised and lowered. 20. All automobile repair activities shall be limited to within the principal structure and the doors to the service bays and car wash shall be kept closed except when vehicles are being moved in or out of service areas, 21. There shall be no exterior storage of automobile parts or related items on the site. All parts storage shall be internal to the building. Page 69of 118 4 22. All noise created f rom operations on the site shall be in conformance with Section 401.15.13.11 of the Zoning Ordinance. 23. An outdoor paging system shall not be allowed. 24. The applicant shall receive and retain, if required, a Hazardous Waste Generators License from Washington County for the automobile dealer /service operation. 25. All signs shall include illumination of only the text and logo portion of the messages. 26. Signage shall be limited to a total of 10 wall signs and four freestanding signs not to exceed a total of 630 square feet of sign area. 27. 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 lirnited 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. Recommended by the Planning Commission of the City of Oak Park Heights this 12 day of July 2007. ATTEST: Eric A. Johnson, City Administrator Page 70 of 118 5 Michael Liljegren, Chair Page 71 of 118 Attachment A Washington County GEO Code: O6 29 2O.13.0012 Legal Description: Lot 2, Book 1, oak Park Station Address: Physical Address Not Yet Assigned Location: . of 58 t. N. and E. of Memorial Ave. N. ATTACHMENT 13 Comprehensive Plan Amendment, Zoning District Amendment, Conditional Use Permit (CUP), Sign Variance, Subdivision Re- platting, Utility & Drainage Easement Vacation, and Site Plan /Design Guidelines Review Required Approvals: .erden LLC — Stillwater Cadillac Automotive Dealership 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: June 13 and 27, 2007 Planning Commission Public Hearing & Recommendation: July 12, 2007 Planning Commission 3/5 City Council 4/5 Conditional Use Permit a Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shalt become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b) Variance — Lapse of Approval: Unless the City Counci -1 specifically approves a different time when action is officially taken on the request, the variance 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 this variance. The property owner shall have the right to submit an application to extend the approval of a variance to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.4.0 A — 401.4.C.2) Page 72 of 118 CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FIN 1NGS OF FACT AND RES•k..lUrk .YON OF THE CITY COUNCIL THAT THE REQUEST BY AiSDEl'V LLC FOR A COMPREHENSIVE E P1UAN AMENDMENT, T .C1ONRNG DISTRICT AMENDMENT, , C • 1 V R./ITAOl'st AL USE PERMIT, q SIGN VARIANCE, SUBDIVISION 1LSIO1'V lLOEPLA R Y A1VG VACATION OF EXISTING UTILITY AND .ID,.(—p.IIVAGE EASEMENTS, AND SITE E PLAN/DESIGN GUIDELINES REVIEW TO ALLOW FOR THE EVELOPMENT .g OY' A NEW AUTOMOBILE 1L`.rALEf9SAA1131' AT THE CORNER OF 58 STREET AND ' > ORNING DOVE AVENUE BE APPROVED WITH CON ITIONS WHEREAS, the City of Oak Park Heights has received a request from Jerden LLC for a Comprehensive Plan amendment, zoning district amendment, conditional use permit, sign variance, subdivision replotting, vacation of existing platted utility and drainage easements, and site plan/Design Guidelines review to allow for the development of a new automobile dealership at the corner of 58 Street and Morning Dove Avenue; 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 and. 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: follows, to wit: and City: Page 73 of 118 SEE ATTACHMENT .ESOLUTI IN NO. 3. The applicant has specifically requested the following actions from the a. A Comprehensive Plan Land Use Map amendment to redesignate the area to be described as Outlot A, Jacobs Third Addition from Highway Business to Commercial land use. Page 74 of 118 b. A rezoning of that area to be described as Outlot A, Jacobs Third Addition from -3, Highway Business and Warehouse to 13 -2, General Business Distr ict. e. A conditional use permit to allow an auto dealership in the B-2, General Business District. d. A replotting of the area from Oak Park Station to Jacobs Third Addition. e. A. vacation of existing utility and drainage easements on Lots 5, 6 and 7, Block 1, Kern Center 2 " Addition; Lot 1, Block 2, Kern Center; and on Lot 2, Block 1, Oak Park Station. f. A variance to exceed the allowable site signage to 630 square feet and the number of allowable freestanding and wall signs. g. Site plan and Design Guidelines review and approval. 4. City staff prepared a planning report dated July 5, 2007 reviewing the requested actions; and 5. City staff recommended in the July 5, 2007 planning report that the requests be approved with conditions; and 6. The Planning Commission held a public hearing at their July 12, 2007 rneeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved with conditions. NOW, THEREFORE, BE RESOLVED THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: ING: A. The application submitted by Jerden LLC for a Comprehensive Plan amendment, zoning district amendment, conditional use permit, sign variance, subdivision replatting, vacation of existing platted utility and drainage easements, and site plan/Design Guidelines review to allow for the development of a new automobile dealership at the corner of 58 Street and Morning Dove Avenue and affecting the real property as follows: SEE ATTACHMENT T A Be and the sane as hereby approved by the City Council of the City of Oak Park Heights with the following findings: 2 Comprehensive elan Amendment: 1. The site is provided significant visibility from Highway 5 and convenient access from 58 Street. The area to be redesignated is an appropriate area for development of general commercial uses. 2. The land use designation of commercial is consistent with the goals and policies of the Comprehensive plan. 3. The commercial land use designation is compatible with the surrounding highway business and warehouse uses of the area. Zoning Amendment: I. The B-2, General Business District is compatible with the surrounding 13-3, Highway Business and Warehouse District uses. 2, An existing area of 13-2, General Business District is found directly across Highway 5 from the area to be rezoned. Variances: 1, Due to restricted views that the auto dealership will have once the area is developed, a sign variance is warranted for what is requested. 2. The proposed wall signage is conservative in size and much of the message area is informational or directional. 3. Other than the pylon sign, the freestanding signs are within allowable sign limits and provide more directional than advertising messages. And subject to the following conditions: I . The City shall require the submission of a redevelopment plan for the existing dealership properties at 14738 60 Street North and 1 4702 60 th Street North. The plans shall also indicate a timeline for redevelopment and shall be submitted not later than January 30, 2008. Said plans shall be subject to review and approval of the City Council and City staff. The City may withhold occupancy permits on the Applicant's other structures until such time that a reasonable redevelopment plan is submitted. Should any redevelopment or reuse of the sites not include a demolition of the current structure or other material alterations, such sites shall be required to be brought into compliance for all curbing, drainages, sidewalks and setbacks not later than Jan 30 2008. Page 75 of 118 3 2. The sites located at 14738 6O h Street North and 14702 60' Street North and the adjacent properties utilized as ancillary to these properties, shall forfeit any current authorities to continue the use of the property for auto sales or other uses that require a Conditional Use Permit. All subsequent uses must be compliant with the current City zoning of such properties, B-2 and R -B as shown on the City's Zoning Map. 3. All existing utility and drainage easements on Lots 5, 6 and 7, Block 1, Kern Center 2 h1( Addition; Lot 1, Block 2, Kern Center and on Lot 2, Block 1 Oak Park Station shall be vacated subject to review and approval of the City Engineer and City Attorney. 4. All required utility and drainage easements created by the Oak Park Station shall be rededicated on the new plat of Jacob Third Addition subject to review and approval of the City Engineer and City Attorney. 5. All City Engineer recommendations for roadway, traffic, and access improvements, as outlined in the July 3, 2007 letter, shall be implemented by the applicant. 6. The applicant shall receive approvals, as required from MnJDOT, for setbacks, modifications to 58 Street, and signals at 58 Street and Highway 5, as outlined in the g g y July 3, 2007 letter from the City Engineer. 7. The Planning Commission and City Council recommends that a trail be extended the full length along 58' Street to Memorial Avenue in conjunction with the development of the auto dealership. 8. The grading, drainage and erosion control plan are subject to review and approval by the City Engineer and Browns Creek Watershed District. 9. The submitted utility plan is subject to review and approval by the City Engineer. 10. Customer parking stalls shall be appropriately signed. 1 l , No vehicle parking shall be allowed outside of the paved parking areas or five designated and paved display pads on site. 12. All drive aisles shall be at least 22 feet in width or subject to review and approval of the City Engineer. 11 The landscape plan shall be revised to address the comments of the May 30, 2007 landscape plan review subject to approval of the City Arborist. 14. The building materials and color samples provided by the applicant are favorable to the Planning Commission and City Council. 15. 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. Page 76 of 118 4 16. 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. 17. A revised light plan with photonnetrics shall be submitted meeting all Zoning ordinance light intensity requirements subject to review and approval of City staff. 18. 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. 19. The trash enclosure shall be provided with additional screening landscaping, subject to review and approval of the City Arborist. 20. The applicant shall provide details on how the flag will be lit, and raised and lowered. 21.. All automobile repair activities shall be limited to within the principal structure and the doors to the service bays and car wash shall be kept closed except when vehicles are being moved in or out of service areas. 22. There shall be no exterior storage of automobile parts or related items on the site. All parts storage shall be internal to the building. 23. All noise created from operations on the site shall be in conformance with Section 401.15.B.11 of the Zoning ordinance. 24. An outdoor paging system shall not be allowed. 25. The applicant shall receive and retain, if required, a Hazardous Waste Generators License from Washington County for the automobile dealer /service operation. 26. All signs shall include illumination of only the text and logo portion of the messages. 27. Signage shall be limited to a total of 10 wall signs and four freestanding signs not to exceed a total of 630 square feet of sign area. 28. 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 andlor 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 24 day of July 2007. Page 77 of 118 5 ATTEST: Eric A, Johnson, City Administrator Page 78 of 118 David. Beaudet, Mayor 6 Page 79 of 118 Attachment A Washington County GEO Code: 06.29.20.13.0012 Legal Description: Lot 2, Block 1 Oak Park Station Address: Physical Address Not Yet Assigned Location: 5. of 58 st. N. and E. of Memorial Ave. N. Required Approvals: YQ!:jance — Lapse of Approval: ATTACHMENT B Comprehensive Plan Amendment, Zoning District Amendment, Conditional Use Permit (CUP), Sign Variance, Subdivision Re-platting, Utility & Drainage Easement Vacation, and Site Plan /Design Guidelines Review Jerden LLC - Stillwater Cadillac Automotive Dealership 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: June 13 and 27, 2007 Planning Commission Public Hearing & Recommendation: July 12, 2007 Planning Commission 3/5 City Council 4/5 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 shalt 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) Unless the City Council specifically approves a different time when action is officially taken on the request, the variance 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 this variance. The property owner shall have the right to submit an application to extend the approval of a variance to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.4.0 .1 -- 401.4.C.2) Page 80 of 118