HomeMy WebLinkAbout2003-07-22 CC Meeting Packet EnclosureMeeting Date Jul 22 2003
Agenda Item Title Zonin M Ordinance Amendment Re • nest - Midas
Time Required 10 min.
Agenda Placement:Old Business
Oak Park Heights
Request for Council Action
Originating Department/Req - st r A ern' stration /Eric Johnson
Requester's Signature
Action Requested
Consider Denial of Ze ing Amendment Request - MIDAS
Background /Justification (Please indicate any previous action, financial
implications including budget information and recommendations) .
See ATTACHED:
1) Scott Richards' memo of July 2, 2003 / May 2 Planner's Report
2) Prepared City Council Resolution stating potential final action.
3) Planning Commission Recommendation (passed)
MEMORANDUM
TO: Eric Johnson
FROM: Scott Richards
DATE: July 2, 2003
RE: Oak Park Heights -= Oak Park Commercial (Midas)
FILE NO: 793.02 -- 03.06
The City Council will consider the Zoning Ordinance amendment required for allowing
minor auto repair as a conditional use in the Central Business District (CBD) at their
July 8, 2003 meeting. The Planning Commission had made a recommendation to the
City Council onl on that • o ' • n of the a • • lication related to the zonin • amendment.
The issues retated to a conditional use permit an + sl e p an review remain on the
Planning Commission agenda.
4( ii the City Council agrees with the Planning Commission on the Zoning Ordinance
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amendment and denies the request for a change of l Planning
� � � � language, then the Plarin�ng
Commission, at their July 10 meeting, should follow through on a recommendation of
denial for the conditional use permit and the site plan. If the City Council decides to
amend the Zoning Ordinance to allow for minor auto repair in the CBD, then all three
issues should go back to the Planning Commission for discussion and action.
The application for these requests was made on April 17, 2003. The City extended the
time for review by an additional 60 days to a deadline of August 15 The City should
finalize a decision on this issue by the July 27, 2003 City Council meeting.
pc: Peter Houser
Charles Radloff
NORTH# WEST ASSOCIATED - CONSULTANTS, INC.
5775 Wayzata Bo u#ev'ard, Suite 555, St. Louis Park, MN 55416
Telephone: 952595.9636 Facsimile: 952.595,9837 planners@nacplanning.com
nacplanning.com
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MEMORANDUM
BACKGROUND
Attached for reference:
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
ISSUES ANALYSIS
NORTHWEST ASSOCIATED CONSULTANTS, INC.
5775 Wayzata Boulevard, Suite 566, St. Louis Park, MN 65416
Telephone: 952.595 9636 Facsimile: 952.595.9837 planners(nacplanning.com
TO: Eric Johnson
FROM: Cynthia Putt -Yang /Scott Richards
DATE: May 2, 2003
RE: Oak Park Heights — Oak Park Commercial (Midas)
Zoning Ordinance Amendment, CUP and Site Plan Review
FILE NO: 798.02 -- 03.00
The City of Oak Park Heights has received a request for a Zoning Ordinance
amendment, conditional use permit (CUP), and site plan review to allow the
construction of a commercial building at 13613 60 Street North. The site is located
between 60 Street North and Wal -Mart and is zoned CBD Central Business District.
The applicant is requesting approval of a Zoning Ordinance amendment to allow minor
auto repair as a conditional use in the Central Business District. If the Zoning
Ordinance is amended to allow this use, the applicant could then receive a CUP to allow
a Midas Store with minor auto repair in the building.
Existing Conditions Survey
Site and Landscape Plan
Lighting Plan
Utility Plan
Building Elevations
ZONING ORDINANCE AMENDMENT
Zoning Amendment Criteria. Section 401.03.A.7 reads as follows: The City Council
and Planning Commission shall consider possible adverse effects of the proposed
amendment or 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
(ie. parking, loading, noise, etc.).
Zoning Amendment Analysis. An autobody repair business is located west of the
subject site, and a recreational vehicle sales and repair business is located west of that.
The City annexed these properties in the 1980's, and the businesses were
grandfathered into the City at that time. The proposed minor auto repair use would not
be out of character with the surrounding area; however, the Planning Commission and
City Council need to determine if minor uto repair is consistent with the vision they
have for the Central Business District. This is a policy decision; therefore, we are not
making a recommendation on this issue. If you believe that the Zoning Ordinance
should be revised to allow minor auto repair in the Central Business District as a
conditional use, we then recommend that the following language be added for that use:
Proposed Language. Auto repair -minor and tire, battery and muffler stores and
service, provided that:
a, The architectural appearance, scale, construction materials, and functional plan
of the building and site shall not be dissimilar to the existing nearby commercial
and residential buildings, and shall not cause impairment in property values, or
constitute a blighting influence within a reasonable distance of the site.
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b. Adequate analysis and provisions are made to resolve issues related to demand
for services. No use shall be allowed that will exceed the City's ability to provide
utility, police, fire, administrative or other services to the site.
c. All automobile repair activities shall be conducted within the principal structure
and the doors to the service bays shall be kept closed except when vehicles are
being moved in or out of the service areas.
d. No outside storage of vehicles, parts or merchandise shall be allowed without
approval of the City Council.
e. Facilities on a site contiguous to any residential district shall not be operated
between the hours of 10 :00 PM and 6 :00 AM unless otherwise allowed by formal
action of the City Council.
f. Provisions are made to control and reduce noise in accordance with Section
401.15.B.11 of this Ordinance.
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Vehicular access points shall create a minimum of conflict with through traffic
movement, shall comply with Section 401.15.F of this Ordinance and shall be
subject to approval of the City Engineer.
h. The provisions of Section 401.03.A.7 of this Ordinance are considered and
satisfactorily met.
CONDITIONAL. USE PERMIT AND SITE PLAN REVIEW
Conditional Use Permit Criteria. If the Zoning Ordinance is amended to allow minor
auto repair in the Central Business District, then the Planning Commission and City
Council may consider approval of the CUP request. In evaluation of the requested
CUP, Section 401.03.A.7 of the Zoning Ordinance directs the Planning Commission and
City Council to consider the possible effects of the proposed use, with that judgment
based upon (but not limited to) the following factors. These are the same factors that
were considered with the Zoning Ordinance amendment.
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.
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f. The demongtrated 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.
i. The proposed use's conformity with all performance standards contained herein
(Le. parking, loading, noise, etc.).
Highway 36 Improvements. The Minnesota Department of Transportation (MnDOT)
plan for reconstruction of Highway 36 shows on /off ramps crossing through this
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property. The plan for reconstruction is not final and cannot be used to deny this
development project unless MnDOT or the City purchases the property.
Access. The site plan indicates access from 00 Street North and the entrance drive to
Wal -Mart. The applicant has met with MnDOT representatives regarding the 60 Street
access, who have indicated no issues with the proposed access. The property is
permitted by agreement to use the Wal-Mart access drive.
Lot Performance Standards. There are no minimum lot area, lot width, or setback
requirements in the Central Business District. The maximum building height is 35 feet.
The only portion of the building that exceeds 35 feet is the tower element on the Midas
store. Structural elements that do not contain useable space are allowed to exceed the
maximum height by five feet. The distance from the ground to the to p of the tower is
38' -6 "; therefore, the building complies with height requirements.
Parking. Auto repair businesses are required to have eight off-street parkin g spaces,
aces
plus one additional space for each 800 square feet of floor area over 1,000 square feet.
The Midas store is proposed to be 4,512 square feet in size. Floor area is determined
by subtracting 10 percent from this amount. The Midas floor area is 4,061 square feet;
therefore, 12 parking spaces are required for the Midas store. The rest of the building is
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proposed to be occupied by retail stores. Retail stores are required to provide at least
one parking space for each 200 square feet of floor area. The four proposed retail
stores have a total of 6,800 gross square feet and 6,120 square feet of floor area. The
retail stores portion of the building requires 31 parking stalls. In total, the proposed
. . includes p p
building requires 43 parking spaces. The site plan includes 45 parking stalls, two of
which are disability accessible; therefore, the parking requirements have been met.
Storm Water. The applicant will be required to apply for Browns Creek Watershed
District approval for the site. Since on -site ponding is not proposed, the Watershed
District may require payments for downstream storm water management or on-site
ponding. The applicant will need to work with the Browns Creek Watershed District and
the City Engineer in determining a the appropriate stormwater improvements/ payments
pY
that result from development of this property. Storm water calculations will need to be
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provided by the applicant. The site may require on -site temporary ponding until storm
water management issues are resolved. It may be that only a portion of the building
can be constructed while temporary storm water ponding is in place.
Central Business District p Design Guidelines. In October of 1999, the City adopted a
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master plan for the Central Business District in an effort to create a pedestrian friendly,
mixed --use district. To aid in the implementation of the goals and policies of the plan,
specific design guidelines for the CBD were developed. The subject property is on the
western edge of the Medium -Box Mixed Use Precinct. The design guidelines state that
buildings within the medium box precinct should relate to the character of small box
development via building scale and height, building material colors, horizontal lines and
architectural styles and details. The guidelines further state that buildings should form
gateways and pillars to other precincts.
Building Design and Materials. The design guidelines state that buildings should be
constructed of authentic materials such as wood, brick, stone, cast stone, stucco or
pour in place concrete. Accent materials may include metal, glass, block, copper
flashing or similar materials. The proposed building materials include E. F.1.$. (stucco -
type finish), glass, brick, and decorative colored concrete masonry units. A metal
standing seam roof is proposed on the Midas tower. A stone sill is located below
windows and between contrasting colors of decorative concrete block. Vertical brick
elements and variations in the roofline break up the mass of the building. Canvas
awnings highlight and shelter entrances.
Colors. The design guidelines state that buildings should employ earth tones or muted
colors and that light and bright colors should be used only as minor accents. The
building elevations do not specify colors. Colors must be specified before approval is
granted.
Walkways. According to the design guidelines, sidewalks within medium box precincts
should be at least 8 feet wide along building frontage and a minimum sidewalk width of
six feet should be provided along 66 Street. A five-foot-wide sidewalk is provided
along most of the frontage of the building. While this is less than the eight feet
suggested by the design guidelines, it appears to be sufficient for the expected
pedestrian traffic on the site. The Parks Commission should make a recommendation
regarding a sidewalk along 60 Street North.
Lighting Plan. The design guidelines state that lighting should be designed to reduce
glare and be in scale with the surrounding buildings and that edestrian scale lighting,
p g g,
not more than '14 feet high, should be located on walkways, trailways and adjacent to
store entrances. The design guidelines state that parking lot fixtures must be in scale
with their surroundings with cutoff fixtures located below the mature height of trees in
parking lot islands. The maximum height of the light fixtures is 25 feet.
The submitted lighting plan shows four pole lights at the perimeter of the parking lot.
The lights are proposed to be 23 feet tall to the bottom of the fixture. The lights are a
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cutoff style. The light contours shown on the fighting plan indicate acceptable light
levels at property lines. No exterior building lights are proposed.
signage. Specific sign plans have not been submitted yet. Alt site signage must meet
the signage requirements of the Zoning Ordinance and design guidelines. A pylon sign
is indicated at the 60 Street North entrance, but sign details have not been p rovided.
The design guidelines state that in the medium box precinct the types of signs allowed
are awning, canopy or marquee, projected signs, window signs, roof signs or low
ground monument signs. We recommend the proposed pylon sign be replaced with a
monument sign.
Utilities. The utility plan shall be subject to review and approval of the City Engineer.
Landscaping. The design guidelines strongly encourage site landscaping to enhance
storefront entries and plank walls. Landscaping is further encouraged to screen
dumpsters and off-street parking areas. The submitted landscape plan includes a
limited quantity and limited variety of plants. We recommend that the landscape plan be
enhanced subject to the city Arborist's review and approval.
Trash. The site plan indicates that a trash enclosure will be located in the southwest
corner of the parking lot. The applicant must provide details of the proposed enclosure
including height, materials, and color. The enclosure must be compatible with the
buildings.
CONCLUSION AND RECOMMENDATION
The Planning Commission and City Council should review the criteria for amending the
Zoning Ordinance and determine whether minor auto repair is an appropriate
conditional use for the Central Business District. If the Planning Commission and City
Council wish to amend the Zoning Ordinance, we recommend adding the provisions
found in the Zoning Amendment section of this report.
A number of issues need to be resolved with the proposed project relating to
amendment of the Zoning Ordinance, storm water management, building material
colors, a sidewalk along 60 Street, signage, landscaping, and trash enclosure details.
We recommend tabling the CUP and site plan review requests to allow more time to
resolve these issues.
pc: Mart vieriing
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RESOLUTION NO.
CITY COUNCIL
CITY" OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHRVG FINDINGS OF FACT AND
DENIAL BY THE CITY COUNCIL OF THE
REQUEST BY PETER HOUSER FOR A
ZONING ORDINANCE AMENDMENT TO ALLOW
MINOR AUTO REPAIR AS A CONDITIONAL USE IN THE
CBD, CENTRAL BUSINESS DISTRICT
WHEREAS, the City of Oak Park Heights has received a request from Peter
Houser for a Zoning Ordinance amendment to allow minor auto repair as a conditional use in the
CBD, Central Business District; and after having conducted a public hearing relative thereto, the
Planning Commission of Oak Park Heights recommended that the application be denied. The
City Council of the City of Oak Park Heights makes the following findings of fact:
1. The real property affected by said application includes all properties zoned
CBD, Central Business District in the City of Oak Park Heights; and
2. The applicant has submitted an application and supporting
documentation to the Community Development Department consisting of the following items:
and
SEE ATTACHMENT A
3. A staff planning report, dated May 2, 2003, reviewed the request for the
Zoning Ordinance amendment; and
4. The City amended its Zoning Ordinance on August 11, 1998 to include a
CBD, Central Business District; and
5. The area known as the Central Business District was zoned CBD, Central
Business District on August 11, 1998; and
6. The City completed a Central Business District Urban Design Study, dated
May 1999; and
2000; and
7. The City adopted Central Business District Design Guidelines, dated June
8. The CBD, Central Business District of the Zoning Ordinance does not
allow automotive related uses such as sales lots or interior or external automobile repair; and
9. The Planning Commission held a public hearing on the zoning amendment
at their June 12, 2003 meeting, took comments from the applicants and public, closed the public
hearing, and recommended that the application be denied.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL MAKES THE
FOLLOWING FINDINGS OF FACT AND DENIES THE APPLICATION.
A. The application submitted by Peter Houser for a Zoning Ordinance amendment to allow
minor auto repair as a conditional use in the CBD, Central Business District, and
affecting all properties zoned CBD, Central Business District in the City of Oak Park
Heights.
Be and the same as hereby denied by the City Council of the City of Oak Park Heights based
upon the following:
1. The Comprehensive Plan has designated this area as Central Business District.
2. The City has zoned the property CBD, Central Business District in which automotive
repair activities are not allowed.
3. The City has completed a Central Business District Urban Design Study and Design
Guidelines as a framework for land use and development standards for the area.
4. The City has approved plans for development on certain portions of the Central Business
District in compliance with the CBD, Central Business District zoning, Urban Design
Study, and Design Guidelines.
5. The City, at this time, is not willing to deviate from the Comprehensive Plan, CBD,
Central Business District zoning, Urban Design Study, or Design Guidelines that were
established for the CBD, Central Business District.
6. The minor automotive repair use is found to be inconsistent with the land uses and
performance standards established for the CBD, Central Business District.
7. The City has adequate area guided in the Comprehensive Plan and zoned to
accommodate automotive repair uses.
8. The Planning Commission of the City of Oak Park Heights, at their June 12, 2003
meeting, recommended denial of the Zoning Ordinance amendment to allow minor auto
repair as a conditional use permit in the CBD, Central Business District.
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ATTEST:
Denied by the City Council of the City of Oak Park Heights this 22nd day of July 2003.
Eric A. Johnson, City Administrator
David Beaudet, Mayor
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and
2000; and
A RECOMMENDING RESOLUTION •
OF THE
PLANNING CONIlIZ[SSION
.CITY OF OAK PARK FFIGHTS
WASHINGTON COUNTY, lYIINNESOTA
ARESOLUTION ESTABLISffiNG FINDINGS OF FACT AND
REc0MM:ENDING TO THE CITY COTJNCJL THAT THE
REQUEST BY PETER HOUSER FOR A
ZONING ORDINANCE AMENDMENT TO. ALLOW
lYIIPTOR AUTO REPAIR :AS. A CONDITIONAL USE IN THE
• • • CBD, CENTRAL BUSINESS DISTRICT
` SHOULD BE DENTED
SEE ATTACHMENT A
AREAS, the City of Oak Park Heights has received a request from Peter
Houser for a Zoning Ordinance amendment to allow minor auto repair as a conditional use in the
CBD, Central Business District; and after having conducted a public hearing relative thereto, the
Planning Commission of Oak Park Heights makes the following findings of facto
1. The real property affected by said application includes all properties zoned
CBD, Central Business District in the City of Oak Park Heights; and
, • .. • :. 2. . • ' `he �a Pp p licant has submitted an application and supporting • • .:
docunithtation to the Comrni inity Development Department consisting of the following items:
3. A staff planing report, dated May 2, 2003, reviewed the request for the
Zoning Ordinance amendment; and
4. The City amended its Zoning Ordinance on August 11, 1998 to include a
CBD, Central Business District; and
5. The area known. as the Central Business District has been zoned CBD,
Central Business District.
6. The City completed a Central Business District Urban Design Study, dated
May 1999; and
7. The City adopted Central Business District Design Guidelines, dated June
The CBD, Central Business District of the zoning Ordinance does not .
allow automotive related uses such as sales . lots or interior or external automobile repair; and
9. The Planning Commission held a public hearing on the zoning amendment
at
their :rune 12, 2003 meeting,.took comments from the applicants and public, closed the public
hearing, and made the following recommendation:
. NOW, TilEREFORE, BE IT RESOLVED BY THE PL ANNING
COMMISSION FOR TIRE CITY OF OAK PARK H clanTS THAT THE PLANIsillsIG
V
OYEMIS RECOMMENDS TEE FOLLOWING: . .. .
A. pp 'he a lication submitted by Peter mouser zoning ordinance amendment to allow
,G �.
minor auto
p uto repair as a conditional use in the CBD, Central Business District, and
• •
affecting all p roperties zoned . I3D, Central..
entral . Business District in the City of Oak
Heights.
'Be and the same as hereby recommended to the City Council of the City of oak Park Heights for
denial based upon the following:
1.. The Comprehensive Plan has designated this area as Central Business District.'
2 The City has zoned the property CBD, oenrtral Business District in which automotive
repair. activities are not allowed...
. • 3. The City has completed a ' dental Business District Urban Design Study and Design •
Guidelines as a framework for land use and development standards for the area.
4 The City' has approved plans for development on certain portions of the Central Business
District in compliance with the CBD, Central Business District zoning, Urban Design
Study, and Design Guidelines.
5 The City, • at this tine, is not willing to deviate from the Comprehensive Plate CBD,
Central Business District zonirig, Urban Design Study, or Design Guidelines that were
.established for the CBD, Central Business District.
6. The minor automotive repair use is found to 'be inconsistent with the land uses and
performance standards established for the CBD, Central Business District.
The City has adequate area guided in the Comprehensive Plan and zoned to
accommodate automotive repair uses.
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e d the Planning Co aissio�i. of the City of Oa Park Heights this 12 day
R..eeo�a ride by g �"
of Jane 2003. -
ATTEST:
Eric A. Jplmson, City Administrator
John Dwyer, Chair
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