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HomeMy WebLinkAbout2005-06-02 OPH Ltr to Applicant Forwarding Document for SignatureCity of Oak Park Heights 14168 Oak Park Blvd. N • Box 2007 • Oak Park Heights, MN 55082 • Phone (651) 439-4439 • Fax (651) 439-0574 June 2, 2005 Mr. Scott McGee Regional Vice President Ozark Civil Engineering, Inc. 11285 Strang Line Road Lenexa, KS 66215 RE: LOWE'S PUDNariance/Conditional Use Permit Dear Mr. McGee, Enclosed you will find three copies of the above permit. Please have the appropriate party sign each copy and return all three copies to my attention. The City will similarly execute these Permits when you return them but only after you provide to me a document that demonstrates that Lowe's is now the actual owner of the property. Until such time as the City signs these Permits, they remain invalid. Ple e k i ow if you have any questions. Eric John City Ad ator C • r Julie Hultman Mark Vierling Legal Description: (Washington County Geo. Code,O6.O2942Oi 3.0012) LOT 2, BLOCK 1, OAK PARK STATION Owner: . Lowe's Home Centers Inc Planners File No.: 798.02 Date Issued: April 26, 2005 Address: Hig 268 fast East Dock N. Wikesboro, N.C. 28659 CITY OF OAK PARK FREIGHTS PLANNED UNIT DEVELOPMENT, VARIANCE AND CONDITIONAL US E PERMIT FOR LOWE'S Present Zoning District: B-3 Permitted uses set forth in Ordinance 401 Section 401 I. PLANNED UNIT PERMIT FOR: Construction of a Lowe's Home Improvement Store II. CONDITIONAL USE PERMITS FOR: a. Parapet that exceeds maximum allowed under 401.15.0.4 b. Reduction in number of required parking spaces under 401.15.F.9oo c. Excess over maximum allowable area for signage d. Conditional use permit for open and outdoor sales and outdoor storage III. VARIANCE FOR: Allowing more than maximum allowed number of signs under 40 I.15. G.9.d (Variance to allow three signs) Iv. ADDITIONAL RESTRICTIONS AND 1 ROVISI Iy NS. The following additional restrictions and provisions being part of the Planner Unit Development Permit issued herein affecting the following matters have been imposed by The City Council: 1. City Engineer review and approval of access curb cuts. 2. All Ci ty Engineer ineer recommendations for road and traffic upgrades at Highway 5 and 58 Street North and on Memorial Avenue North shall be implemented by the applicant. 3. The applicant shall work with the City Engineer on potential sidewalk locations for 5 8th Street and pp � g Memorial Avenue based upon the City's Park and Trail Plan. Required trails shall be installed by the applicant. 4. The grading, drainage and erosion control plan are subject to review and approval by the City Engineer and Browns Creek Watershed District. 5. The submitted utility plan should be reviewed and approved by the City Engineer. 6. The back of the front facade parapet structures, including all structural steel, shall be painted to match the building facade colors. 7. The applicant shall provide full cut off shoe box style building and parking lot lighting for the site subject to review and approval of City staff. There shall be no flood lighting of building facades. 8. The City Council agrees that it will consider a vacation of Morning Dove Avenue. 9. Review and approval by the City Attorney of the utility easement in the vacated Morning Dove Avenue. 10. The City Council approved the revised front facade design and Lowe's sign as presented at the April 26, 2005 City Council meeting with plans dated April 26, 2005. 11. The applicant shall be required to remove the front facade parapets so that the building complies with the 35 foot height limit if the Lowe's store at this location ceases operations. 12. Submittal of an erosion control plan and approval by the City Engineer. 13. Additional screening shall be provided around the loading area next to Highway 5 subject to review and approval of the City Arborist. The applicants shall revise the plan on the Highway 5 frontage to provide more plant variety and visual interest subject to review of the City Arborist. 14. Review and approval of the landscape plan by the City Arborist. 15. The applicant shall provide a minimum of 500 parking spaces on site. The City Council shall review the parking requirements for the building before a new tenant is allowed an occupancy permit if the Lowe's store at this location ceases operations. p 16. The revised outdoor sales area plan presented at the April 26, 2005 City Council meeting with plans dated April 26, 2005 is approved. pp 17. 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 and park dedication 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. TV. Reference Attachment: 1. February 3, 2005 NAC Planners Report 2. February 8, 2005 City Engineer's Report v. The terms and conditions of the Development Agreement of T . t. , reference herein and made a part hereof.. IN WITNESS WHEREOF, the parties have set forth their hands and seals. CITY OF OAK P .i E': . HEIGHTS Date: By r David leaudet Mayor Date: By Eric Johnson City Administrator LOWE'S HOME CENTERS INC Date: By Its 2005 are hereby incorporated by MEMORANDUM Attached for reference: Exhibit 1: Exhibit 2: Exhibit 3: Exhibit 4: Exhibit 5: Exhibit 6: Exhibit 7: Hw s As, s CIATEP CO N SU L.TANT5,. DATE: February 3, 2005 TO: Eric Johnson FROM: Scott Richards RE: Lowe's of Oak Park Heights NAC FILE: 798.02 - BACKGROUND Land Title Survey and Topographic Map Site Plan Grading and Drainage Plan Utility Plan Landscape Plan Memo from Kathy Widin, City Arborist Building Elevations 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.00m Lowe's Home Centers, Inc. is requesting CUP/PUD approval. The 12.6 acre site is located at the intersection of State Highway 5 and 58 Street North adjacent to C Bank. The site is zoned B-3, Highway Business and Warehousing District. The project will consist of a Lowe's Home Improvement store containing a total of 167,584 square feet, including a garden center. The store will face 58 Street North with most of the 521 parking spaces located between the store and 58 Street. The store will include a covered loading area In additional to the CUP/PUD approval, the following additional applications have been made: O A conditional use permit for a parapet that exceeds the maximum allowed under Section 401.15.C.4. O A conditional use permit to allow reduction in the number of parking spaces required under Section 401.15,.F.9.00 • A conditional use permit to exceed the allowable area for signage. e A variance to allow signage exceeding the number allowed under Section 401.15.G.9.d. Exhibit 8: Exhibit 9: Exhibit 10: Exhibit 11: Exhibit 12: Exhibit 13: ISSUE ANALYSIS Zoning. The project site is zoned B-2, Highway Business and Warehousing District. The purpose of the District is to provide for the establishment of retail and wholesale sales, storage, warehousing and limited manufacturing and production. The proposed Lowe's store is compatible with the purpose of the District and the Comprehensive Plan. Subdivision. The project site is on one existing parcel. No subdivision is required. Site Access. The primary access to the store will be on Morning Dove Avenue off of 58 Street North. The applicant and City Staff are proposing that Morning Dove Avenue be vacated and converted to a private drive. The vacated street would include access easement for S & 0 Bank and utility easements. The Planning Commission should make a recommendation on the vacation of Morning Dove Avenue. The City Council will hold a pubic hearing on the vacation proposal. Two other access points will be 400 feet apart on Memorial Avenue North. One of these points will serve primarily for truck access to the back of the building. There will be no direct access to Highway 5. The curb cuts for these access points are 45 feet and 50 feet. The curb cuts are subject to review and approval of the City Engineer. Lot Covera e. The B-3 District requires that no less than 20 percent of the site be green or landscaped. The project plans shows that this minimum requirement is met. Building Material Percentage Study Building Perspective Signage Plan Lighting & Photometric Plan Lighting Specifications Traffic Study Setbacks. All parking areas are to be setback at least 10 feet from the property line. Project plans indicate conformance with this requirement. The proposal also conforms to all building setback requirements. In the B-3 District these requirements are: Front Setback Side Setback Rear Setback 40 feet (Highway 5 and 58th Street) 10 feet (Morning Dove Ave.) 20 feet (Rear property line) Traffic Generation. A traffic analysis was provided in January 2005 for three intersections: Highway 5 and 58 Street North. 58 Street North and Morning Dove Avenue and 58 Street North and Memorial Avenue North. The analysis indicates that there is little change in the level of service due to the Lowe's store. West bound traffic on 58 Street should not affect access into the Lowe's site at Morning Dove Avenue. The report recommends that the west approach to the Highway 5 and 58 Street intersection be signed and striped to indicate a shared left turn/through lane and a shared through/right turn lane. Lowe's is working with MnDot on signal timing and traffic flows to minimize the impacts of traffic generated by the project. The City Engineer will recommend upgrades in his report. Off-Street Parking. According to Section 401.15.F of the Zoning Ordinance, retail stores are to provide 1 parking space for each 200 square feet of floor space. The required spaces for the 167,584 square foot store, less 10 percent, is 754 spaces. The applicant is proposing 521 spaces including 12 handicapped spaces. The Council has approved previous reductions in parking requirements for commercial developments. The preference of the retail tenant for reduced parking is given considerable weight as it reduces the amount of impermeable surface and reduces stormwater runoff. The proposed reduction in parking is recommended. Lowe's will be providing information to support the proposed reduction. A conditional use permit is required to allow the reduction. Grading and Drainage. Grading and drainage plans have been submitted for review. The plans show a stormwater pond behind the building on the south. The pond is part of a larger detention pond located on the adjacent parcel containing an office strip center. An erosion control plan has not been submitted. The grading, drainage and erosion control plan are subject to review and approval by the City Engineer and Browns Creek Watershed District. Utilities. The City Engineer and Public Works Director have indicated that the existing utilities can adequately serve the proposed development. The submitted utility plan should be reviewed and approved by the City Engineer. Loading Areas. Loading is provided for in two areas at the rear of the building. Both areas provide adequate maneuvering space for trucks. Additional screening is recommended around the loading area serving the garden center. Some screening is currently provided, however, this area is close to Highway 5 and thus visibility is a concern. Building Height. The B-3 District specifies a maximum building height of 35 feet. Most of the building is 29 feet high. However, the peaks of two cornices rise above this. The Zoning Ordinance allows for cornices to rise three feet over the 35 foot maximum, however, both cornices exceed this allowance. One rises to nearly 39 feet and the other cornice over the main entrance rises to 49 feet. 3 Section 401.15.C.4. allows these maximums to be exceeded by conditional use permit. Building Height Conditional Use Permit The City Council and Planning Commission shall consider possible adverse effects of the conditional use. Their judgment shall be based upon, but not limited to, the following factors: a. Relationship to the specific policies and provisions of the municipal comprehensive plan. b. The conformity with present and future land uses in the area. c. The environmental issues and geographic area involved. d. Whether the use will tend to or actually depreciate the area in which it is proposed. e. The impact on character of the surrounding area. f. The demonstrated need for such use. g. Traffic generation by the use in relation to capabilities of streets serving the property. h. The impact upon existing public services and facilities including parks, schools, streets, and utilities, and the City's service capacity. 1. The proposed use's conformity with all performance standards contained herein (i.e.,parking,loading,noise,etc.). The request for the additional height of the cornices attempts to add visual interest by adding variation and articulation to the facade of a very large big box building. The proposed heights result in cornices that are scaled appropriately to the overall mass of the main building structure. The B-3 District is designed for large buildings that are setback a great distance from the street. The Lowe's project is a use in this District that is supported by the Comprehensive Plan. The height of the cornices will have no impact on surrounding uses, traffic generation or the provision of public services. Approval of the Conditional Use Permit to allow the two cornices to exceed the height is recommended. Landscaping, A landscape plan has been submitted for review. Comments on the landscape plan have been provided by the City Arborist and are found in Exhibit 6. The landscape plan is subject to review and approval by the City Arborist. HVAC and Trash Screening. The site plan shows a trash compactor and electrical equipment located near the rear loading areas. It is not clear from the plan how these areas are architecturally incorporated into the main building structure or what materials are being used to screen it. It is also not clear if rooftop HVAC equipment will be visible from ground level. Additional information needs to be provided to clarify these concerns. , _ Percentage Allowable Percentage Proposed Allowable Sign Area Sign Area Proposed Number of signs allowed Number of signs Proposed 3 Wall Up to 15% 3.4% 300 SF 490 SF 2 Freestanding N/A N/A 100 SF up to 20 feet high 51 SF, 20 feet high 1 1 Lighting. A lighting plan has been submitted for review. According to the Ordinance, no light source or combination thereof may cast light on a public street that exceeds one foot-candle meter reading as measured from the centerline of such street. Parking lot lighting will be standard shoe box fixtures with full cut off. The total height to the top of the fixtures will be 25 feet. The applicant has provided specifications for parking lot lighting (Exhibit 12). Wall lighting is proposed for the two side walls and rear wall of the structure. The applicant will need to provide specific detail for all side wall lighting. The photometric plan (Exhibit 11) is consistent with the Zoning Ordinance lighting standards. Signage. Three wall signs and one freestanding sign have been proposed for the project (Exhibit 10). The freestanding sign is a monument type sign that is 20 feet high. It will be located along Highway 5 adjacent to the 8 & C Bank parcel This sign conforms to Code requirements. Reciuired and Pro osed Si na e For wait signs, the Ordinance allows a total sign area of up to 15 percent of a facade, not exceeding 300 square feet. Sign areas exceeding the allowable area of 300 SF but less than 15 percent of the fagade may be allowed by conditional use permit. This situation applies to this project. Exceeding the allowable area will have little visual impact due to the minimal percentage of area devoted to signage this project is proposing. In evaluating this change using the above listed criteria for CUPs, the proposed signage will have no negative impact on surrounding uses, traffic or the provision of public services. Approval of a CUP is recommended. The Zoning Ordinance allows two wall signs, whereas this project proposes three. A variance is being requested to allow one additional sign. One of the signs is the Lowe's name and the other two are directional signs, one for the garden center and the other for the indoor lumber yard, In considering all requests for a variance and in taking subsequent action, The Planning Commission and City Council shall make a finding of fact that the proposed action will not: a. Impair an adequate supply of light and air to adjacent property. b. Unreasonably increase the congestion in the public street. c. Have the effect of allowing any district uses prohibited therein, permit a lesser degree of flood protection than the flood protection elevation for the particular area, or permit standards which are lower than those required by State law. d. Increase the danger of fire or endanger the public safety. e. Unreasonably diminish or impair established property values within the neighborhood, or in any way be contrary to the intent of this Ordinance. f. Violate the intent and purpose of the Comprehensive Plan. Allowing a third sign will not cause any of the above listed negative impacts and the Planning Commission and City Council may make such findings. To grant a variance, the additional sign must be found to not violate any of the terms or following conditions: •. Undue hardship will result if the variance is denied due to the existence of special conditions and circumstances which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district. A) Special conditions may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, shallowness, insufficient area or shape of the property. B) Undue hardship caused by the special conditions and circumstances may not be solely economic in nature, if a reasonable use of the property exists under the terms of this Title. C) Special conditions and circumstances causing undue hardship shall not be a result of lot size or building location when the lot qualifies as a buildable parcel. 2. Literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance or deny the applicant the ability to put the property in question to a reasonable use. 3. The special conditions and circumstances causing the undue hardship do not result from the actions of the applicant. 4. Granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures or buildings in the same district under the same conditions. 5. The request is not a result of non-conforming lands, structures or buildings in the same district. 6. The request is not a use variance. 7. The variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant. 8. The request does not create an inconvenience to neighboring properties and uses. The Planning Commission and City Council should consider the above listed criteria in determining whether a variance is justified. Lowe's is essentially one store offering multiple services that are often provided by separate stores. The directional signs for the indoor lumber and and garden center are necessary conveniences for customers to direct them to two of the major services offered within this one store. The strict interpretation of the code would deprive Lowe's the customer communication that would be available to stores located in a multi-tenant commercial center. Approval of the variance is recommended. Architectural Appearance. The proposed development is subject to the City's Design Guidelines that apply to all new commercial development in the City. Site Design. The project consists of one building fronted by a parking lot. The building is placed with the long dimension perpendicular to Highway 5. This arrangement along with the S &C Bank's location along Highway 5 works to hide and minimize the perceived size of the parking lot from the highway. The long dimension of the parking rows are perpendicular to 58 Street North. The parking lot contains a number of large landscaped curb islands that help to break up the size of the lot. The parking lot is well buffered from surrounding streets. Pedestrian circulation has not been included within the development or to connect it to adjacent parcels or community trails or sidewalks. Building Architecture. The building is classic franchise architecture, similar in material and scale to Lowe's built throughout the country. There are no details or materials that respond to the site in Oak Park Heights or the Midwest region. The building contains facade and roof articulation and variation in color and material to create visual interest and is similar to other recent developments in the area. The building colors are primarily warm earth tones (salmon and beige). Less than 30 percent of the building is blue. No grade 1 materials are used in the structure. Thirty three percent are grade 11 materials (precast concrete panels) and 50 percent are grade 111 materials (E.I.F.S. and metal). Elevations for the sides and back of the building are not provided, but it appears from the provided perspective drawing that these other walls contain large expanses of blank walls. Some articulation through use of vertical pilasters on the building wall facing Highway 5 are shown on the perspective. However there are only five shown on the 360 foot wail. The Planning Commission and City Council should comment on the building's architecture and its deviation from the City's design standards. CO CLUSONSP ECOMMENDATIONS The proposed project is consistent with the Comprehensive Plan and the B-3 Zoning District. Based upon the preceding review, our office recommends approval of the following: O PUD/CUP O Conditional Use Permit for a reduction in parking O Conditional Use Permit for Building Height O Conditional Use Permit for walls signs to exceed the allowable area. O Variance to allow three signs. With the following Conditions: 1 City Engineer review and approval of access curb cuts. 2. Inclusion of City Engineer recommendations for road and traffic upgrades at Highway 5 and 58 Street North. 3. The grading, drainage and erosion control plan are subject to review and approval by the City Engineer and Browns Creek Watershed District. 4. The submitted utility plan should be reviewed and approved by the City Engineer. 5. Submittal of additional information showing how the trash area, HVAC and electrical equipment will be screened from view subject to review and approval of City Engineer and Arborist. 6. Additional information providing specific detail on side wall 7. Review and approval by the City attorney of the utility easement in the vacated Morning Dove Avenue. 8. The Planning Commission should comment on the building architecture, materials and color for conformance to the City's Design Guidelines. 9. Submittal of an erosion control plan and approval by the City Engineer. 10.Additional screening around the loading area next to Highway 5 subject to review and approval of City Arborist. 11. Review and approval of the landscape plan by the City Arborist. 12. Information provided by applicant from other stores showing that the proposed reduced parking spaces are sufficient to meet customer parking needs. Bonestroo Rosene EDE vl , nder lk & ,associates Engineers & Architects February 8, 2005 Mr. Eric Johnson City Administrator City of Oak Park Heights 14168 Oak Park Blvd,, P.O Box 2007 Oak Park Heights, MN 55082-2007 Re: Lowe's Plan Review of 40% Submittal BRA File No. 55- 05-000 Dear Eric: 1335 West Highway 36 w St Paul. MN 55113 Office: 651-636-4600 w Fax: 651-636-1311 wwwbonestroo corn We have reviewed the preliminary plans and Traffic Report for the proposed Lowe's as submitted, on January 11, 2005, by Ozark Civil Engineering, Inc. Following are our comments and/or recommendations. Tarafflie /Site Layout I. It is recommended the entrance on Memorial Avenue be widened a minimum of 10 feet. With the wider entrance the trucks leaving the property will still turn into the southbound lane on Memorial Avenue, however, they will be able to make the right turn without driving over the curb. 2. 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 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. 3. Revisions will be required on the traffic signal and loop detectors at Highway 5 and 58` Street. MNDOT will need to review and approve these revisions. n 5t Paul. St. Cloud. Rochester. Willmar. MN Milwaukee. WI I. Chicago, IL Affirmative Action /Equal Opportunity Employer and Employee Owned 4 It is recommended that 58 Street 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,. 5. The south entrance on Morning Dove Avenue should be reconfigured to reduce the number of movements at this intersection. It is recommended that a canoe be placed to force entering traffic to make a right or left turn. This will reduce the number of parking stalls; however, it will improve operation and safety. See the attached Figure. 6 The north entrance on Morning Dove is to close to 58 Street, This entrance should be reconfigured to allow incoming traffic only, MNIDOT Issues 1. The developer should contact MNDOT on the following issues: a. Setbacks from MNDOT's right- for proposed improvements. b. Modifications to 58 Street at Highway 5 within MNDOT's right -or- way. cr As stated above, any signal modifications at 58 Street N. and Highway 5. Storm Sewe and Pond n 1, Provide storm sewer sizing calculations. 2 The Brown's Creek Watershed District and the City of Oak Park Heights approved the previous grading plan and proposed storm water ponding and calculations for this area by the previous owner, as such, the storm water pond in the southwest corner along Memorial Avenue can be reconfigured; however, the storage capacity must be maintained, 3, It is possible to combine the storm sewer system on the south side of the building to reduce the number of FES discharging into the pond? To prevent erosion it is recommended that rip rap be placed at all flared end sections that discharge into the pond,. 5. The storm water management report has been submitted and will be reviewed, 'mater Main. I . The proposed connection to the existing water main is currently shown within Memorial Avenue.. It is recommended that the water main be looped with a connection to the existing 8" main on Morning Dove Avenue. 2. The first note on the utility sheet states that the water main shall have Y-6" of cover on to p of pipe. This note should be changed to read 7' -6" of cover above the top of the pipe. 3. Proposed fire hydrant shall incorporate an AFC - Waterous Storz Nozzle. The hydrant pumper nozzle shall be of one -piece design, compatible with a 5" Storz hose coupling. The nozzle shall be an integral part of the fire hydrant and must be furnished by the manufacturer or authorized distributor designated by the manufacturer. Storz adapters will not be accepted. _Sanitary Sewer 1. The second note on the utility plan states that the sanitary sewer shall have a minimum cover of 3.0' above top of pipe. This depth should be changed to 6.0'. 2. Note 22 on the utility sheet states that the top of any manhole in a grassy area shall be 6" above grade. This should be changed to place the cover at grade. If the manhole is in a drainage swale /ditch a watertight casting shall be used agagol.C.cgamer_Aq 1, Several notes on the utility sheet reference details. All these details should be submitted for review. A detailed sediment and erosion control plan needs to be included as part of the general plan submittal, as it pertains to the grading and private storm sewer construction activities. The above comments are related to the 40% plan submittal. As the plans develop, additional reviews will be required If you have any questions or require additional information, please contact me at (651) 604-4788 or Dennis Postier at (651) 604-4815. Sincerely, BONE TROD, ROSENE, ANDERLIK & ASSOCIATES, INC. E td: 41,7 Karen S. Erickson, P. E. cc: Judy Hoist, Finance Officer Tom Ozzello, Public Works Director Jim Butler, Building Official Scott Richards, City Planner Mark Vierling, City Attorney Kathy Widin, City A.rborist Scott McGee. Ozark Engineering DMP, DDH, File - Bonestroo & Associates 05515505000 ork kn iogrtss1 owcAlo nson_KSEALowes2 -8 -05 doe trj r 1 Do' oi tto— ■ r�*i 0 ln Q C 0 ta: -.I.] -8 -d ..L L, i t CJ g i.1 Q !•• x fida in :LT ;60. 2 ❑��� Z n w 3 — z ¢aho z W Er U) -LION 3f1NBAV 1Via01 s