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Home My WebLink About2003-09-11 PC Recommending ResolutionA RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY MENARDS FOR A REZONING, PRELIMINARY PLAT, CONDITIONAL USE PERMIT AND VARIANCES FOR THEIR PROPERTY LOCATED AT THE CORNER OF 58 STREET NORTH AND KRUEGER LANE BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Menards for rezoning, preliminary plat, conditional use permit and variances for their property located at the corner of 58 Street North and Krueger Lane; 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 SEE ATTACHMENT B 3. Menards has proposed various changes to their existing 11.9 acre site. Such changes include the following: A. The addition of 2.5 acres of land presently zoned Open Space Conservation. B. The relocation of the store's lumberyard entrance. C. Construction of a new garden center area. D. Expansion of the existing lumberyard. E. Construction of a new warehouse; and necessary: 4. To accommodate the proposed site changes, the following approvals are A. Rezoning of the proposed 2.5 acre land addition from Open Space Conservation to B -2, General Business. B. Preliminary Plat to combine the 2.5 acre expansion parcel with the existing Menards parcel. C. Conditional Use Permit to accommodate modified outdoor storage activities. D. Variances to allow the lumberyard entrance canopy and parking to encroach upon the front yard setback of Krueger Lane and allow the expansion of a screening fence that exceeds six feet in height; and 5. The City staff prepared a planning report dated September 4, 2003 reviewing the request; and 6. The planning report dated September 4, 2003 recommended that the requests be approved with conditions; and 7. The Planning Commission held a public hearing at their September 11, 2003 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 applications submitted by Menards for rezoning, preliminary plat, conditional use permit and variances affecting the following real property: SEE ATTACHMENT A Be and the same as hereby recommended to the City Council of the City of Oak Park Heights the following: A. Approval of the rezoning from Open Space Conservation to B -2, General Business District B. Approval of the preliminary plat to divide property and add it to the existing Menards site. 2 C. Approval of a conditional use permit (to allow expansion of open and outdoor storage) and variances; 1) from the 40 -foot front yard variance to allow the lumberyard entrance canopy as close as 28 feet from the east property line, 2) from the 10 -foot parking setback requirement to allow parking as close as three feet from the east property line and 3) from the fence height regulations to allow expansion of a 14- foot -high fence /storage rack surrounding the outdoor storage area and construction of a wrought iron fence west of the principal building subject to the following conditions: 1. The applicant submit a revised preliminary plat and a final plat that combines the proposed expansion area with the existing Menards property. 2. Signage be installed to direct delivery trucks to use the north entrance on Krueger Lane, which will allow adequate truck maneuvering space. 3. Materials stored or stacked in the storage yard may not exceed a height of 14 feet and may be only minimally visible from outside of the storage yard. 4. Tree replacement and the landscape plan are subject to review and approval by the City Arborist. 5. All exterior site lighting be dimmed after 1 1 :00 p.m. 6. The "in" and "out" signs on the lumberyard entrance canopy be revised to not exceed four square feet in area. 7. All signs on the lumberyard entrance canopy comply with sign illumination requirements. If external lighting is proposed, there shall be no exposed light sources or fixtures unless decorative fixtures are utilized and the light source is fully concealed and diffused. If the sign is internally illuminated, there shall be illumination of the text only. 8. No new flag -like banners are allowed on the property; therefore, the proposed banners on the entrance gate canopy shall be eliminated. 9. The City reserves the right to require the applicant to reduce the output volume of the public address system or require the implementation of a radio pager system for all employees should the public address system become a public nuisance. 10. Delivery, unloading, and movement of goods shall be limited to 8:00 a.m. to 9:00 p.m., Monday through Saturday, and 10:00 a.m. to 8:00 p.m. on Sundays. 11. A retaining wall shall be constructed between the stormwater pond and the lumberyard. Construction drawings of the retaining wall shall be submitted to the City Engineer for review and approval. 12. Grading and utility plans are subject to review and approval by the City Engineer. 3 13. Storm water management is subject to review and approval by the City Engineer and Browns Creek Watershed District. 14. The south and west sides of the proposed warehouse building shall be sided with vertical wood siding that matches the screening structures. The roof shall be a dark green color to blend with the surroundings. 15. An updated lighting plan for the entire site, including both existing and proposed lights, shall be submitted subject to City review and approval. 16. The decorative lighting west of the building be eliminated. 17. Yard and soffit lights be mounted horizontally (at a 90 degree angle to the wall or pole) and be a full cutoff design with the lens not extending below the fixture. 18. The cul-de-sac west of the building be eliminated and a traffic study be completed. Recommended by the Planning Commission of the City of Oak Park Heights this 11th day of September 2003. Jo son y Administrator John Lwyer, Chair ATTACHMENT A Washington County GEO Code: 05-029-20-22-0009 Legal Description: That part of Qulot A, Brackey 2nd Addition, Washington County, MN described as follows: Beginning at the most southeasterly corner of said Outlof A; thence North 00 degrees 14 minutes 23 seconds West, assumed bearing along the east line of said Outlot A, 424.00 feet; thence South 89 degrees 45 minutes 37 seconds West 260.00 feet; thence southwesterly and westerly a distance of 61.13 feet along a curve not tangential with the last described line, said curve is concave to the northwest, has a radius of 50.00 feet, a central angle of 70 degrees 03 minutes 06 seconds, and the cord of said curve bears South 54 degrees 44 minutes 04 seconds West; thence South 00, degrees 14 minutes 23 seconds East, along a line not tangent to said curve,. a distance of 295.01 feet; thence southerly a distance of 99.83 feet along a tangential curve concave to the east having a radius of 704,18 feet and a central angle of 08 degrees 07 minutes 23 seconds to the south line of said Outlot A; thence easterly, along said south line, 300.22 feet to the point of beginning and there terminating. City Council ATTACHMENT B Rezoning, Preliminary Plat, Conditional Use Permit & Variances Menard's -- 5800 Krueger Lane, N. 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 (350'1150' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal Description(s) Pre conference With City Staff : June 18, 2003 Conference With City Staff Upon Application Submittal: September 3, 2003 Planning Commission Public Hearing & Recommendation: September 11, 2003. Required Approvals: CUP VARIANCE 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: 4/5 4/5 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 the variance. An application to extend the approval of a variance shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.04.0.4.1 and 2)