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HomeMy WebLinkAbout07-08-55 RESOLUTION NO. 07 -08 -55 CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL 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/DESIGN GUIDELINES REVIEW TO ALLOW FOR THE DEVELOPMENT OF A NEW AUTOMOBILE DEALERSHIP AT THE CORNER OF 58 STREET AND MORNING DOVE AVENUE 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 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 follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The applicant has specifically requested the following actions from the City: a. A Comprehensive Plan Land Use Map amendment to redesignate the area to be described as Outlot A, Jacobs Third Addition from Highway 41 Business to Commercial land use. t, s b. A rezoning of that area to be described as Outlot A, Jacobs Third Addition • from B -3, Highway Business and Warehouse to B -2, General Business District. C. A conditional use permit to allow an auto dealership in the B -3, General Business District. d. A replatting /preliminary plat 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 2nd 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 recommended that the application be approved with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by Jerden LLC for a 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 conditionally approved by the City Council of the City of Oak Park Heights with the following findings: Comprehensive Plan Amendment / Zoning District Amendment: • 1. The City Council, at its August 28, 2007 meeting, did not take action on the Comprehensive Plan amendment and rezoning from B -3, Highway Business and 2 Warehouse to B -2, General Business District in order for the Planning Commission and • staff to further study options for rezoning or a Zoning Ordinance amendment to the B -3 District. The applicant has indicated consent to extending the time needed for that consideration for an additional 60 days from the existing ending date of required action. The applicant shall provide that letter so consenting to the City on or before September 24, 2007. 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 the submission of a redevelopment plan for the existing dealership properties at 14738 60 Street North and 14702 60 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 January 30, 2008. 2. The sites located at 14738 60 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" 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 and following a public hearing of the City Council. 4. All required utility and drainage easements created by the Oak Park Station shall be rededicated with the new plat of Jacobs Third Addition subject to review and approval of the City Engineer and City Attorney. 5. A final plat shall be submitted for review and approval of the City Council, City Engineer • and City Attorney. 3 6. All City Engineer recommendations for roadway, traffic, and access improvements, as i outlined in the July 3, 2007 and August 3, 2007 letters, see Attachment C, shall be implemented by the applicant. 7. 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. 8. The City Council requires an eight foot trail be extended the full length along 58 Street to Memorial Avenue and along Memorial Avenue to the south edge of Outlot A Jacobs Third Addition in conjunction with the development of the auto dealership. 9. The grading, drainage and erosion control plan are subject to review and approval by the City Engineer and Browns Creek Watershed District. 10. The submitted utility plan is subject to review and approval by the City Engineer. 11. Parking stalls shall be appropriately signed to include at least 49 spaces for customer sales, 24 spaces for service, and nine spaces for parts and storage. 12. No vehicle parking shall be allowed outside of the paved parking areas or two designated and paved display pads on site. • 13. All drive aisles shall be at least 22 feet in width or subject to review and approval of the City Engineer. 14. The landscape plan shall be revised to address the comments of the May 30, 2007 landscape plan review and subject to approval of the City Arborist. 15. The building materials and color samples provided by the applicant are favorable to the Planning Commission and City Council. 16. 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. 17. 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. 18. A revised light plan with photometrics shall be submitted meeting all Zoning Ordinance light intensity requirements subject to review and approval of City staff. 19. 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. . 20. The flag pole shall not exceed 35 feet and the applicant shall provide details on how the flag will be lit, and raised and lowered. 4 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 and/or construction of City roadways, utilities for the site and related water, sanitary sewer and storm sewer improvements. Approved by the City Council of the C' of rk Heights th' 28 day of August 2007. WD Mayor A E :j J son, City Administrator • 5 Attachment A Washington County GEO Code: 08.29.20.13.00 Legal Description: Lot 2, Block 1, Oak Park Station Address: Physical Address Not Yet Assigned Location: S. of 58 St. N. and E. of Memorial Ave. N. • 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 • Required Approvals: Planning Commission 315 City Council 415 Conditional Use Permit, - Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b) Variance. -- Lapse of Approval: 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) Attachment C City Engineer recommendations for roadway, traffic, and access improvements, letters dated July 3, 2007 and August 3, 2007. • 2335 Highway 36 W St Paul, MN 55113 Tel 651- 636 -4600 Fax 651 - 636 -1311 www.bonestroo.coin Bonestroo July 3, 2007 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: Denny Hecker City of Oak Park Heights Bonestroo file No. 55 -07 -000 Dear Eric: We have reviewed the Preliminary Development Plans for Denny Hecker Site as submitted by Darwin Lindahl Architects and Ulteig Engineers on June 27, 2007. Following are our comments and/or recommendations. Sheet C1 1. Show the percent grades with the drainage arrows. 2. The detail for erosion control protection at the catch basin is not allowed by the City. It has been found that sediment falls into the structure when cleaning the filter fabric. The City does allow Road Drain by Wimco, LLC (www.roadd rain. com), Sheet C2 1. Identify the class of RCP pipe. 2. Identify the outlet for the storm sewer system and the method to transport the storm water to the Kern Center Pond. 3. Structure CBMH1 is called out as a 27" structure and is located in the center of the lot. The detail shows this structure with a casting that has a curb back. This casting will not work at this location. 4. Identify the type of PVC for the sanitary sewer. 5. Verify that the hydrant coverage is adequate for the site. St. Paul St. Cloud Rochester Milwaukee Chicago Engineers Architects Planners Page 2 City of Oak Park Heights July 3, 2007 Denny Hecker Sheet C3 1. Verify that the hydrant detail/ specs call out the following information: Fire hydrants 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. 2. There appears to be many details missing, including but not limited to, heavy duty pavement section, concrete sections for side walk and concrete car show pads. Traffic Comments 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. 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 from Memorial to 58 will need to drive into the west bound lane on 58t Street; however they will be able to remain on the pavement. 4. Revisions will be required on the traffic signal and loop detectors at Highway 5 and 58t Street. MNDOT 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. MNDOT Issues 1. The developer should contact MNDOT on the following issues: a. Setbacks from MNDOT's right -of -way for proposed improvements. b. Modifications 58t Street at Highwaty 5 within MNDOT's right -of -way. c. As stated above, any signal modifications at 58" Street and Highway 5. City of Oak Park Heights Page 3 Denny uly 3. 2007 enny Hecker General Comments, 1. The plans submitted were very preliminary and will require additional review when the design is more complete. 2. Provide the City with a copy of the approval letter from the Browns Creek Watershed District. If you have any questions or require additional information, please contact me at (651) 604 -4788 or Dennis Postler at (651) 604 -4815. Sincerely, BONESTR00 AldaO-� Karen S. Erickson, P.E. cc: Tom Ozzello, Public Works Director Jim Butler, Building Official Scott Richards, City Planner Mark Vierling, City Attorney Darwin Lindah, Darwin Lindah Architects,PA Troy Livgard, Ulteig Engineers DMP, BMK, CWL2, File — Bonestroo 2335 Highway 36 W St. Paul, MN 55113 Tel 651- 636 -4600 Fax 651- 636 -1311 www.bonestroo.com Bonestroo August 3, 2007 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: Denny Hecker City of Oak Park Heights Bonestroo file No. 55 -07 -000 Dear Eric: We have reviewed the revised Development Plans for Denny Hecker Site as recently submitted by Darwin Lindahl Architects and Ulteig Engineers. Following are our comments and /or recommendations. Sheet C 1 1. Show the percent grades with the drainage arrows. 2. The detail for erosion control protection at the catch basin is not allowed by the City. It has been found that sediment falls into the structure when cleaning the filter fabric. The City does allow Road Drain by Wimco, LLC (www.roaddrain.com). 3. The storm water in the southwest corner is draining to the ditch in Memorial Avenue North. Show the erosion control protection that will be placed to protect the drainage swale between the back of curb and the ditch. 4. For erosion control protection place rip rap at the downstream ends of all driveway culverts. Sheet C2 1. Identify the class of RCP pipe. 2. Label the inverts of the culvert under the entrance from Memorial Avenue North. 3. Identify the type of PVC for the sanitary sewer. St. Paul St. Cloud Rochester Milwaukee Chicago Engineers Architects Planners City of Oak Park Heights Page 2 Denny Hecker August 3. 2007 4. Verify that the hydrant coverage is adequate for the site. S. The storm sewer design computation sheet shows a direct discharge to CB -1 as 5.66 cfs. Verify that the specified casting has the capacity to handle this rate without ponding on the parking lot surface during a 10 year event. Sheet C3 1. Verify that the hydrant detail/ specs call out the following information: Fire hydrants 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. 2. There appears to be many details missing, including but not limited to, heavy duty pavement section, concrete sections for side walk and concrete car show pads. Traffic Comments 1. We recommend the access to /from 58th Street North not be allowed. The access is too close to the 58th Street/Morning Dove Avenue intersection for proper access management guidelines. The roadway is functioning as a minor collector and, as such, should be protected with regard to access spacing. It can be expected that traffic volumes will increase in the future as further area development occurs, thus the increased value of access management. 2. We believe that the site access from Morning Dove Avenue and from Memorial Avenue is quite sufficient to accommodate the site generated traffic. We understand the internal circulation shown on the site plan would require site traffic, destined to the service center, to make some internal turns, but traffic signing inside the site should mitigate that situation. 3. An exclusive (westbound) left turn lane should be added along 58th Street North at the intersection with Morning Dove Avenue. This is a safety recommendation. 4. 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. 5. Increase the south radius at 58`" Street N. and Memorial Avenue from 42 feet to 60 feet. Even with the larger radius, trucks turning right from Memorial Ave. to 58` St. N. will need to drive into the west bound lane on 58" Street N.; however they will be able to remain on the pavement. 6. Revisions will be required on the traffic signal and loop detectors at Highway 5 and 58" Street N. MNDOT will need to review and approve these revisions. City of Oak Park Heights Poge 3 Denny Hecker August 3, 2007 7. Widen 58` Street North to four lanes from Morning Dove Avenue to Highway 5 and then taper back to the existing two lanes on the west side of Morning Dove Avenue. 8. The proposed ultimate plat for this entire development shows Morning Dove Avenue being extended through to Memorial Avenue N. It is recommended that this street extension, and any associated utility extensions, be done along with this development. If not, verbiage and securities should be included in a Developers Agreement to ensure these improvements are constructed in the future. MNDOT Issues 1. The developer should contact MNDOT on the following issues: a. Setbacks from MNDOT's right -of -way for proposed improvements. b. Modifications 58 Street at Highway 5 within MNDOT's right -of -way. c. As stated above, any signal modifications at 58` Street and Highway 5. General Comments 1. The plans submitted were very preliminary and will require additional review when the design is more complete. 2. Provide the City with a copy of the approval letter from the Browns Creek Watershed District. If you have any questions or require additional information, please contact me at (651) 604 -4788 or Dennis Postler at (651) 604 -4815. Sincerely, BONESTR00 .r— Karen S. Erickson, P.E. cc: Tom Ozzello, Public Works Director Jim Butler, Building Official Scott Richards, City Planner Mark Vierling, City Attorney Darwin Lindah, Darwin Lindah Architects,PA Troy Livgard, Ulteig Engineers DMP, BMK, CWL2, File — Bonestroo