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HomeMy WebLinkAbout2007-07-03 OPH Ltr to Lowe's Forwarding Documents 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 July 3, 2007 Robert Fiebig III, E.I. Site Development Mgr II Lowe's Companies Midwest Regional Real Estate Office 1952 McDowell Road, Suite 101 Naperville, Illinois 60563 RE: CUP — Outside Storage Dear Rob: Enclosed you will find three copies of the Conditional Use Permit Document as approved by the City Council on June 19 2007. Please have executed (see second page) each of the three copies and mail all copies back to my attention at the above address. Once these are returned, the City similarly sign and will submit one original copy for recording with Washington County, one will be placed on file at City Hall and one will be returned to you. Once this is completed, Lowe's will then have permission to store the trailers as indicated in the CUP document. Until such time as the above is complete, the Lowe's site will remain non - compliant. Please also note that Lowe's is to provide various plans and reports to the City, see items #2 and #4 in Part I. The City will expect these plans not later than July 20 2007. Full installation of these items must be completed by Sept i S# , 007. P : s mey o if you have any questions erely Eric Joh City strator Cc: Mark Vierling, City Attorney - no enclosure Scott Richards, NAC T-- no encloser P Julie Hultman, Planning Dept. CITY OF OAK PARK HEIGHTS CONDITIONAI, USE PlERMIT FOR CSM — LOWE'S OAK PARK COMMONS Planner's File No.: 798.02 -- 07.04 Date Issued: July 3 , 2007 CUP Approved :June 19, 2007 Legal Description: (Washington County Geo. Codes: to be assigned) Owner: Lowe's Home Centers Inc. Address: 1952 McDowell Rd. Suite 101. Naperville, IL 60563 Lots 1 and 2, Block 1 OAK PARK COMMONS SITE ADDRESS: 5888 Nova Scotia Ave North (Cowes) ; 5951 (Building A) and 5901 (Building B) Norwich Ave North Present zoning District: PUD/B-4, Limited Business District Permitted uses set forth in Ordinance 401 Section 401.301.B. I. 2007 Conditional Use Permit: Lowe's Home Centers, has made application for a conditional use permit to allow open and outdoor storage of truck trailers to enclose pallets and used appliances on the south side of the store, located at 5780 Nova Scotia Avenue North. Three delivery trucks will also be stored within the storage area on the south side of the store. To screen the trailers and the delivery trucks, additional fencing, berming and landscaping will be constructed. The subject site is currently zoned B -4, Limited Business District. Open and outdoor storage is a listed conditional use within the B -4 District. Approval of the PUD general plan for the Lowe's Store was granted by the City Council in November of 2005. The City Council has granted the application imposing the following conditions as an amendment to the Conditional Use Permit: 1. All outdoor storage of truck trailers, box trucks, and flat bed trucks shall be within the areas indicated on the attached Site Plan (plan revision dated June 4, 2007 — Drawing #3). No more than two truck trailers and a total of three delivery trucks shall be stored at one time. 1 2. The berming, landscape and fencing plans shall be subject to review and approval of the City Engineer, City Arborist and City Planner. 3. No merchandise or storage items shall be stored above the garden center fence on the west side of the building. 4. Merchandise within the fence storage area on the southeast side of the building shall be screened so that it is not visible from Nova Scotia Avenue. The applicant shall provide a screening plan subject to review and approval of the City Planner. II. Amendment Reference Attachment: Its e ve approv is may g rant speclf c enef its a l r to spe c:,. .:..:................. . S # ste ie�r in, all pr rents aid site conditi n n t r rna c npl ant r�. ted ut o zatio a. June 6, 2007 Letter from Northwest Associated Consultants b. June 4th , 2007 Site Plan Revision Drawing #3 — Received from Kyle Oswald, Ozark Civil Eng. -- dated June 5 2007 IN WITNESS WIIEREOF, the parties have set forth their hands and seals. CITY OF OAK PARK HEIGHTS Date: By David Beaudet Mayor Date: By Eric Johnson City Administrator Lowe' s Home Centers Inc. Date: By Date: By Its 2 REFERENCE ATTACHMENTS: JUNE 6, 2007 LETTER FROM NORTHWEST ASSOCIATED CONSULTANTS ® JUNE 4 , 2007 SITE PLAN REVISION -- DRAWING #3 - RECEIVED FROM KYLE OSWALD, OZARK CIVIL ENG. - DATED JUNE 5 2007 PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: June 6, 2007 RE: Oak Park Heights — Lowe's Home Center: Conditional Use Permit for Outdoor Storage FILE NO: 798.02 — 07.04 BACKGROUND NORTHWEST ASSOCIATED CONSULTANTS, N. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 783.231 .2555 Facsimile: 763.231 .2561 planners@nacplanning.com ENCLOSURE 21 Ozark civil Engineering, on behalf of Lowe's Home Centers, has made application for a conditional use permit to allow open and outdoor storage of truck trailers to enclose pallets and used appliances on the south side of the store, located at 5780 Nova Scotia Avenue North. Three delivery trucks will also be stored within the storage area on the south side of the store. To screen the trailers and the delivery trucks, additional fencing, berming and landscaping will be constructed. The subject site is currently zoned B -4, Limited Business District. Open and outdoor storage is a listed conditional use within the B -4 District. Approval of the PUD general plan for the Lowe's Store was granted by the City Council in November of 2005. Attached for reference: Exhibit 1: Exhibit 2: Exhibit 3: Exhibit 4: Exhibit 5: Exhibit 6: Exhibit 7: Site Plan Grading and Drainage Plan Landscape Plan Detail Plan (Drawing 12) Detail Plan (Drawing 17) May 15, 2007 Letter from Robert Fiebig Site Photographs (to be distributed at meeting) ANALYSIS Comprehensive Plan. The Comprehensive Plan guides the subject site for commercial and use and as such, the retail development is in compliance with the Comprehensive Plan. Zoning. The subject site is zoned B -4, Limited Business District. The retail development is allowed under the B -4 District and open and outdoor storage is a listed conditional use. The PUD approval in November of 2005 included allowances for areas of outdoor sales and storage in the front of the store. No outdoor storage was allowed for the rear or sides of the store (except for the garden center) as part of the original approvals. A conditional use permit is required to allow the requested outdoor storage at the rear of the store. Project Description. The applicant has requested that two truck trailers be parked for storage at the rear of the Lowe's Store. One trailer would be used for storage of used appliances that are later recycled. The full trailers would be removed approximately once or twice a week with the frequency dependent upon the volume of merchandise to be removed. A second trailer would be used for storage of pallets. As with the appliances, the pallets are recycled and will be removed approximately once a week, or as required. The trailers will require approximately a 12 foot width and are to be parked on the south curb line of the driveway. The trailer height is 13 feet. Lowe's also proposes parking two box trucks and a flat bed truck that are used for deliveries in this area. The delivery trucks are currently stored overnight in the southwest corner of the Lowe's lot. Staff has suggested that the trailers be moved along the south curb line adjacent to the proposed trailer location. The revised site plan reflects the new storage area for the trucks on the south curb line. Proposed Screening and Landscapin . The plans indicate how the storage area will t� be screened and landscaped from 58 Street and Nova Scotia Avenue. From the south, the existing six foot berm and eight foot fence and landscaping will provide more than adequate screening. From the east, the storage area would be visible from Nova Scotia and the townhome development. The plans indicate constructing a five foot retaining wall with an eight foot solid fence and landscaping on the east side of the storage area to block views from Nova Scotia. On the southwest corner of the property, the berm and fence will be extended from the south side along the west property line, approximately 110 feet to the north. The berm is proposed at two feet with a 10 foot fence to match the existing. The Zoning Ordinance allows for up to eight foot fences for screening although a 10 foot fence can be approved by the City Council. The final berming, landscaping and fencing plans shall be subject to review and approval by the City Engineer, City Arborist and city Planner. All fencing, screening and landscaping shall be in compliance with Section 401.15.E of the Zoning Ordinance. Other Screening Issues. A site review has shown that landscape materials are being stored above the fence of the garden center. As a result, the materials are clearly 2 visible from 58 Street. All merchandise will be required to be stored below the garden center fence. Additionally, merchandise is visible through the fence on the east side of the site, adjacent to Nova Scotia Avenue. A screening device will need to be added so as to make the merchandise less visible from the street. Conditional Use Permit Criteria. Section 401.301.E.4 of the Zoning Ordinance lists the criteria for review of open and outdoor storage. Review of these criteria for this application is as follows: a. The area is fenced and screened from view of neighboring residential uses or if abutting a residential district in compliance with Section 401.15.E of this Ordinance. Provisions for additional screening are being addressed as part of the conditional use permit approval. b. Storage is screened from view from public right -of -way in compliance with Section 401.15.E of this Ordinance. Additional berrning, fencing and Landscaping is to be added to screen the storage areas. c. Storage area is grassed or surfaced to control dust. The storage area is already surfaced with concrete. d 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 and shall be in compliance with Section 401.15.B.7 of this Ordinance. No changes to lighting are proposed as part of this application. e. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. There should be no adverse or negative impact to the health, safety or welfare of the City or surrounding neighborhoods as a result of this application. Lighting and Signage. There are no lighting or signage issues related to this application. Design Guidelines. There are no conformance issues related to Design Guidelines for this application. 3 CONCLUSION 1 RECOMMENDATION The applicant has submitted the necessary materials for the proposed application. The proposed outdoor storage and new landscaping, fencing and berming are consistent with the requirements of the Zoning Ordinance and Design Guidelines, as well as the direction of the Comprehensive Plan. Based upon the information contained in this report, our office recommends approval of the conditional use permit for open and outdoor storage subject to the following conditions: 1. All outdoor storage of truck trailers, box trucks, and flat bed trucks shall be within the areas indicated in the site plan dated June 4, 2007. No more than two truck trailers and a total of three delivery trucks shall be stored at one time. The berming, landscape and fencing plans shall be subject to review and approval of the City Engineer, City Arborist and City Planner. 3. No merchandise or storage items shall be stored above the garden center fence on the west side of the building. 4. 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Oak Park Heights, MN 55082 Mr. Johnson: Lowe's Midwest Real Estate Office 1952 McDowell Road, Suite 101 Naperville, IL 60563 Phone: 630-548-7500 Fax: 630-527-88,30 Subject: Lowe's of Oak Park Heights, MN Trailers for Recycling and Lowe's Delivery Trucks CUP Application As one of the world's largest retailers, Lowe's is committed to being a responsible steward of the environment. Lowe's continues to expand its recycling initiatives, as well as employee training and education As part of this commitment Lowe's recycles all used appliances that our customers replace with more energy-efficient appliances. In order to meet the supply and demand Lowe's stores used appliances to be recycled in an enclosed truck trailer behind the store. Typically, fun trailers would be removed approximately once to twice a week, however, the frequency of removing and replacing trailers would vary with the volume of merchandise delivered to the store. Alto as part of this commitment Lowe's recycles all the pallets it receives on a daily basis. A are collected, stacked, and placed in a second enclosed truck trailer. Typically, full trailers would be removed approximately once a week, however, as with the trailers. for used appliance the frequency of rerpoving and replacing trailers would vary with the volume of merchandise delivered to the store. As with the recycling of any material—such as newspaper and cardboard–:a sufficient number of used appliances and delivery pallets must be assembled before it is economically feasible to ship them to the appropriate recycling facility for processing and re-use. Further, housing used appliances and pallets inside the store can create an unsafe work environment by inhibiting access and free passage throughout parts of the store not accessible to the genera! public. The space typically used for new merchandise before it enters the sales floor area must be kept clean and clear of obstructions, in order to function in a safe•and orderly manner. Thus, an area outside the building must be located to temporarily house such items as used appliances and delivery pallets in quantities great enough to be recycled. As part of this development, Lowe's has provided a large berm with landscaping and an 8 foot tall wood fence at the back of the store to effectively screen the Lowe's store from the adjacent properties to the south. A landscaped island is also proposed on 5/14/07 EXHIBIT ••••••-•.....:. • Sincerely, the east side of the parking spaces for the appliance and storage trailers. This landscaped island will screen the storage trailers from Nova Scotia Street. The attached plans show where the trailers would be placed to get the rnost effective screening possible. in order to provide outstanding customer service Lowe's offers next day delivery on all available items in the store. To have such an offer Lowe's has a couple of small box trucks and a flatbed truck to make deliveries (appliances, lumber, bagged goods, etc). These delivery trucks are stored overnight in the southwest comer of the Lowe's lot. These parked trucks are currently visible from 58 Street. We propose to continue the 8 foot wood fence located on the south side of the property approximately 160 feet along the east property line in order to screen this area from view. A smaller two foot berm will be placed in this area to provide additional elevation to the fence. 1 hope this adequately addresses your questions/concerns regarding our CUP application. Please feel free to contact me with any questions. Robert Fiebig ill Site Development Manager 11 Cc: Scott McGee --Ozark Civil Engineering David Sellergren Fredrikson & Byron PA CITY OF OAK PARK HEIGHTS + DEVELOPMENT APPLICATION 14168 Oak Park Boulevard P,O. fax 2007 Oak Park Heights, MN 55082 (651) 439 -4439 Fax: (651) 439 -0574 Street Location of Property 67e0 UVGc Legal Description of Property S Owner: Name LOuiC, Address: 9Sig- City: Telephone: (Home) (Business) (Fax) 74r3Q (other) zartL Gv�l Applicant: Name Address: DS 5 City: Telephone: (Hone) Owner/Applicant licant l nitials � p� v: I . I o t e. i ! State: L .. Base Fee: Escrow Amount: (Fax) 0 - � ... (Other) Type of Request(s) Zoning District Amendment Conditional Use Permit Variance: Single Family Residential Variance: Other Residential /Commercial /industrial , Subdivision Subdivision: Minor Comprehensive Plan Amendment Description of Request(s): au( 41(.1(ee- � 6 �1 � �.-f i tote: k5 Zip: (0 60 ZLS (Business) 3 -3 16 Zip: 1.205( 5 75 • Home Occupation Site Plan Review PUD: Amendment PUD: Concept Plan PUD: General Plan 'Street Vacation , City Financial Assistance If a request for planning /zoning action on the subject site or any part thereof has been previously approved, please describe it below: Development Application, .Page 2 Application Review The undersigned acknowledges that before this request can be considered and /or approved, all required information and fees, including any deposits, must be paid to the City. An incomplete application will be returned to the applicant. The application approval process commences and an application is considered complete when all required information and fees are submitted appropriately to the City. Professional Fee Responsibility It is the understanding of the undersigned that all City incurred professional fees and expenses associated wifh the processing of this request(s) will be. promptly paid upon receipt. If payment is not received from the applicant, the property owner acknowledges and agrees to be responsible for the unpaid fee balance either by direct payment or a special assessment against the property. Applicants will be billed on a monthly basis for Planning, Engineering, Legal and Community Development fees as they are accrued. It is understood that interest will be charged on the account at the maximum rate allowed by the Fair Credit Act if it becomes thirty (30) days past due. Failure to pay administrative and processing fees in a timely manner may result in denial of the application. Alt fees must be paid at the time of application and shall be paid prior to the issuance of a building permit. The undersigned applicant further acknowledges and consents that all unpaid fees owing the City of Oak Park Heights shall be treated as unpaid utility fees and may be certified for collection as with delinquent utility billings and may be assessed against the subject real property if unpaid by October 31' of each year. Property Address 57D `' Oda-- JCo Owner Signatu e Ap s I 'ant Signature General conditions Date: Obi: sk j 1j -s 8A. 6 Date: ,�° Phone: 65 1 - 636 -4600 Sent via: I 1 City of Oak Park Heights, MN Oak Park Heights, MN 55082 -2007 (ar Civil Eng Inc. 11285 Strang Line Road • Lenexa, KS 66215 913- 310 -0470 4 913 -310 -0261 fax Date: June 5, 2007 Project: Oak Park Heights, MN Project # 04 -0461 ATTN: Mr. Eric Johnson Reference: City Administrator 14168 Oak Park Blvd., P.O. Box 2007 Copies to: Scott Richards; Northwest Associated Consultants Airborne Express LI Two -Day ® Federal Express n Standard U.S. Mali ® Priority Hand Delivery No Copies 1 1 1 Date Rev# Description CUP application with original signatures 24 x 36 revised full size set of plans for the Lowe's of Oak Park Heights, MN 11 x 17 revised full size set of plans COMMENTS: Please call if you have any questions or concerns. Signed: CORPORATE OFFICE: 1008 Northwest "J" Street, Suite "C" Bentonville, AR 72712 479 - 464 -8850 • 479-464 -9040 fax Title: Project Manager David Sellergren; Fredrikson & Byron KANSAS REGIONAL OFFICE: 11285 Strang Line Road Lenexa, KS 66215 913 -310 -0470 • 913 - 310 -0261 fax SNOSIA N aid:0:9 1 E NO151., NO151., MINIM • NM .yo Notsvou 7 L Noisinaa Z NO151.,1 E NO151., NO151., t Nom., . 111111111111 7 t r4Oistroa 11111.1:23 Cie MIMEO 111111:1 Cie ale Ole F MUM: 1111M111:13 11111111:1:1 Ole Ole I ate Ole L 0 LO L0,9 = • I 90.01-E 90 90-0Z-Z 1 1 90 .90-0t-E 90-01-E 90-01.E 90-0 90 90-01., 90 £ 90 90 90-01-C 90 90 C • I 1 NY141,115 NYld N 01.1.1101 . • ,• ,• • Ei 35Y1-1c1) NY lOVIN 0) ..11/1035 '9 NO15043 . - • 3arNsyria DN tans, NY, 2d/D5C1N, •• • I ./.331-15 11,13C _ . le31-151,(1.10 .L3,1-151,130 .1.331-15 1,11 511.Y.130 Od .10YN1,10 CNY ONICY71,2N0d Sweld1V1,31 NOLL.. 5NY, TefelLYVI 5.537X3 lYN01.140 ',N,YDSONY1 <IN.! 5310N N01.1,11,15NODONY 53,12, 0,VONY15 ,N01.1,1118, 5:11.11.1NYnC2 Catrimisl ONlOy."91011.LNQ, sia3rts avya... 5N01.1.51 NOilY1(113Y.1. 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