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Home My WebLink About2004-01-13 CC Resolution #04-01-07RESOLUTION NO, 04-01-07 CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA AeorarE 51��'�d A RESOLUTION ESTABLISHING FINDINGS OF FACT AND APPROVAL BY THE CITY COUNCIL THAT THE RE BY MENARDS FOR A REZONING, PRELIMINARY /FINAL PLAT, CONDITIONAL USE PERMIT AND VARIANCE FOR THEIR PROPERTY LOCATED AT THE CORNER OF 58 TH STREET NORTH AND KRUEGER LANE BE APPROVED WITH CONDITIONS WHEREAS, the Cit of Oak Park Hei has received a re from Menards for rezonin preliminar plat, conditional use permit and variance for their propert located at the comer of 58th Street North and Krue Lane and after havin conducted a public hearin relative thereto, the Plannin Commission of Oak Park Hei recommended that the applications be approved with conditions. The Cit Council of the Cit of Oak Park Hei makes the followin findin of fact: 1. The real propert affected b said application is le described as follows, to wit: SEE ATTACHMENT A IV a 2. The applicant has submitted an application and supportin documentation to the Communit Development Department consistin of the followin items: SEE ATTACHMENT B and 3. Menards has proposed various chan to their existin 11.9 acre site. Such chan include the followin A. The addition of 2.5 acres of land presentl zoned Open Space Conservation. B. The relocation of the store's lumber entrance, C. Construction of a new g arden center area. D. Expansion of the existin lumber E. Construction of a new warehouse; and 4. To accommodate the proposed site changes, the following approvals are necessary: A. Rezoning of the proposed 2.5 acre land addition from Open Space Conservation to BW2, General Business. B. Preliminary /final 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. Variance to 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 recommended that the applications be approved with conditions; and S. The City Council reviewed the Planning Commission recommendation and application at their September 23, 2003 and October 14, 2003 meetings and requested a traffic study be completed by the property owner; and 9. Westwood Professional Services Inc., on behalf of the property owner, provided a traffic study to the City on December 24, 2003. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARS. HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The applications submitted by Menards for rezoning, preliminary /final plat, conditional use permit and variance affecting the following real property: SEE ATTACHMENT A Be and the same as hereby approved by 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 2 B. Approval of the preliminary /final plat to divide property and add it to the existing Menards site. C. Approval of a conditional use permit (to allow expansion of open and outdoor storage) and variance 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. S i gnage 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 the adjacent screening fence. 4. Tree replacement and the landscape plan are subject to review and approval by the City Arborist. 5. All exterior site lighting be dimmed one hour after store closing. 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 use and require the implementation of a radio pager system for communication to all outside /yard employees. 10. Delivery and unloading 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. Movement of goods in the yard shall be limited to one hour before store opening to one hour after store closing. Utilization of audible backup moving devices shall not be used on site if a reasonable OSHA approved alternate exists. 3 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. 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 subject to review and approval of the City Planner. 15. An updated lighting plan for the entire site that complies with Section 401.15.B.7 of the Zoning ordinance, including both existing and proposed lights, shall be submitted and subject to City review and approval. The applicant shall update all of the lights, to be compliant with the Zoning ordinance, within the existing Menards site b y December 31, 2008. All new fixtures and fixtures to be replaced will need to comply with the Zoning ordinance. 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, No permits shall be issued for the Menards property until all traffic and circulation issues are resolved as required by the Champion Development/ Brackey March 21, 2000 development agreement, and a supplemental agreement is executed by all parties to that agreement. 19. The exterior of the existing perimeter fence on the Menards property shall be power washed so as to match the color of the new perimeter fencing in the expansion area. 20. The lumber yard and entrance shall be screened by a 14 foot wooden fence and a 14 foot wrought iron fence, as depicted on plans submitted by the applicant. 21. The applicant shall provide detailed plans for that area adjacent to the existing pond and the proposed retaining wall in that area. The bank of the pond shall not be altered or filled except pursuant to plans approved by the City Engineer. 22. All access for the expansion area shall be through the existing Menard site from Krueger Lane, No direct access for the expansion area shall be granted from. 58 Ih g p Street or from a driveway to the west of the subject area. N A TTACHMENT A Washin Count GEE Code: 05-029-20-22-0009 Le Descfipfion: That part of Oulot A., Bracke 2 d Addidon, Wasl-Lin Count MN described as followsq- 0 Be the most southeasterl -corner of said Ou tlot A; thence North 0 .1 de 14 minutes 23 seconds West, assumed' bearin alon the east line of said Outlot A, 424.00 feet- thence South 89 de 45 minutes 37 seconds West 260.00 feet; thence southwesterl and westerl a distance of 61,13 feet alon a curve not tan with the lost described line, said curve Is concave to the northwest, has a radius of 50,00 feet, a central an of 70 de 03 minutes 06 seconds, and the 'cord of sold curve bears South 54 de 44 minutes 04 seconds West; thence South 00, de 14 minutes 23 seconds East, alon a line , not distance of 298.01 feet- thence southerl a tan to ' said curve,. a distance . of ' I * us of 704.18, 99.83 feet alon a - tan curve concave. to the east havin a radius feet and a central an of 08 de 07 minutes 23 seconds to the south line of said Outlot A; thence easterl alon said south line, 300.22 feet to the point of be and there terminating, �r ••� wit Rezoning, Preliminary Plat, Conditional Use Permit & variances Ienard's — 5800 Krueger Lane, N. Application Materials Application Form Fees Plan sets (3 Large. scale sets /20 11 x1 7 sets) Written Narrative and Graphic Materials Explaining Proposal Mailing List from Washington county (350'/150'from subject property) Proof of ownership or Authorization to Proceed Property Tax statements )/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, 20030 Required Approvals: CUP VA City council 4/5 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 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 ('l2) 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 art 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.C.4.1 and 2)