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HomeMy WebLinkAbout2005-11-22 CC Meeting Packet EnclosureTine: 15 minutes Agenda Placement New Business Oak Park Heights Request for Council Action Meeting Date November 22, 2005 Agenda Item Title: Village at Oak Park Heights - General Plan PUD, Conditional Use Permit for Building Height, Parking and Signage and Variance for Signs, Street and Easement vacations Lowe' s and Phase I CSM Develo ment Originating Department/Requestor Eric Johnson, City Administrator Requester's Signature Action Requested Approve with Conditions Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): See Attached from Scott Richards: 1. Planning Report, dated Nov 4 2005 — exhibits were in the Nov.. Planning Package. 2. Planning Commission Resolution (as approved) 3. City Council Resolution RE: BACKGROUND NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763231 .2555 Facsimile: 783.231.2561 planners@nacplanning.com PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: November 4, 2005 FILE NO: 798.02 — 05.09 Oak Park Heights Village at Oak Park Heights, PUD, General Plan of Development Review — Lowe's and Phase 1 CSM Development CSM Equities LLC has made application for a PUD general plan, street and easement vacation, preliminary /final plat, and conditional use permits for building height, parkin9 and signage, and variance for signs to allow the development of property south of 60 Street North and east of Wal Mart. The subject site is 22.36 acres and wilt be developed adjacent to the proposed Novak Avenue North that will connect 60 Street with 58 Street. The development is proposed in what was formerly the Central Business District that was rezoned B -4, Limited Business District by the City Council on July 26, 2005. The concept plan for the Lowe's and CSM Development was approved by the City Council at their September 27, 2005 meeting. The proposed development includes a Lowe's Home Improvement Center as the main stand alone tenant. The area to the front (north) of the Lowe's is proposed with a retail development by CSM that will include a bank with drive through, a restaurant pad and three buildings with multiple tenants. The general plan application for the CSM development includes only the two multi- tenant buildings labeled as Building A and B. This is considered as Phase 1, the other freestanding pads and the third multi- tenant building would be reviewed in a separate phase. Novak Avenue would provide a separation for the planned development to the east. One hundred feet of right -of -way would be dedicated to provide adequate boulevard and landscaping area for a separation to a potential residential development. A townhome development concept plan has been recommended by the Planning Commission but has not been reviewed by the City Council. Attached for reference: Exhibit 1: Existing Conditions Exhibit 2: Preliminary Plat Exhibit 3: Comprehensive Site Plan Exhibit 4: Comprehensive Grading and Erosion Control Plan Exhibit 5: Comprehensive Utility Plan Exhibit 6: Comprehensive Stormwater Management Plan Exhibit 7: Comprehensive Landscape Plan Exhibit 8: Tree Preservation Plan Exhibit 9: Novak Avenue North Plan and Profile Exhibit 10: Lowe's Site Plan Exhibit 11: Lowe's Demolition Plan Exhibit 12: Lowe's Erosion Control Plans Exhibit 13: Lowe's Grading and Drainage Plan Exhibit 14: Lowe's Utility Plan Exhibit 15: Lowe's Landscape Plan Exhibit 16: Lowe's Lighting Plan Exhibit 17: Lowe's Pole and Building Fixtures Exhibit 18: Lowe's Building Elevations Exhibit 19: Lowe's Material Percentage Study Exhibit 20: Lowe's Monument Signage Exhibit 21: CSM Existing Conditions Survey Exhibit 22: CSM Phase '1 Site Plan Exhibit 23: CSM Phase 1 Grading and Erosion Control Plan Exhibit 24: CSM Phase 1 Utility Plan Exhibit 25: CSM Phase 1 Landscape Plan Exhibit 26: CSM Phase 1 Lighting Plan Exhibit 27: CSM Phase 1 Building Elevations Exhibit 28: CSM Phase 1 Project Narrative Exhibit 29: City Arborist's Memorandum ISSUES ANALYSIS Adjacent Uses. Uses adjacent to the subject site are listed below: North of Site: Present Zoning: Present Use: South of Site: Present Zoning: Present Use: West of Site: Present Zoning: East of Site: Present Use: Present Zoning: Present Use: Stillwater Business Zoning north of Highway 36 60 Street North and Highway 36 B -4, Limited Business District Undeveloped Area B -4, Limited Business District and B -2, General Business District Applebee's and Wal Mart B-4, Limited Business District Undeveloped Area and Xcel Substation 2 Proposed Project: The proposed development would feature a Lowe's Home Improvement Center as the primary stand alone tenant. The store would be placed south of the Xcel power line easement. A retail bank with drive- through, a restaurant pad, and three separate buildings with small retail and restaurant tenants are planned to the north of the p ower line easement near the 50th Street/Highway 36 frontage. of the retail pads, the current general plan review is only for Buildings A and B that are adjacent to Norwich Avenue. The access for this development to Novak Avenue and the stormwater pond would also be constructed at this time. The development would be accessed from Novak Avenue North which would be constructed between 58 and 60 Streets at the time of project development. Access would also be provided from Norwich Avenue North to the west. The placement of Novak Avenue North is consistent with the concept plan for Oakgreen Village, the proposed townhome development directly to the east. The Planning Commission, at their June 9, 2005 meeting, recommended approval of the concept plan for the 79 unit townhome development. The concept plan has been forwarded to the City Council for review but not p laced on a meeting agenda as per the applicant's request. There is also potential for development of that area as commercial retail use. The southerly portion of the development site (82 feet) has been taken from the property platted as Boutwell's Landing outlot A. VSSA has agreed to allow a portion of this property to be incorporated into the development plans for Lowe's. VSSA representatives have indicated that they will continue to pursue a mixed office and residential development for their property north of 58 Street. A concept plan was approved for development by VSSA in this area but that approval has expired. Comprehensive Plan. The City Council amended the Comprehensive Plan Land Use Map as its July 26, 2005 meeting to eliminate the Central Business District land use designation and replaced it with commercial land use. The subject property is totally contained within the former Central Business District. The proposed development is consistent with the new commercial land use designation of this property. Zoning. The City Council at its July 24, 2005 meeting rezoned all of the area specified as Central Business District to B -4, Limited Business District. The proposed development is consistent with the new B -4 District zoning of the property. A planned unit development is requested to allow joint access and parking of the coordinated development plan. Subdivision. A preliminary /final plat was submitted as part of this application. The plat would dedicate right -of -way for Novak Avenue North and create the separate development parcels. With previous platting, the City had required right -of -way and easements for 58 and 59 Streets. The right -of -way that has been dedicated will need to be purchased by the developer for fair market value while the easements can be vacated and turned back to adjacent landowners. The City Council will hold the public hearing on the easement vacations. The Planning Commission should provide a recommendation on the vacation as part of the preliminary/ final plat review. 3 A fair market value for the right -of -way will be determined by an appraisal and the terms would be addressed in the development agreement. Park dedication will need to be paid for those areas that are currently in a metes and bounds description. That would be a p ortion of the area identified as Lot 1, Block 1 of the plat. The City will require a dedication of 10 percent of the fair market value of the property as determined by the purchase agreement. The park dedication amount will be established in the development contract and paid in full at the time of final plat signing and recording. Street Access. Access for the development would be Norwich Avenue North and Novak Avenue North. The plans indicate the construction of Novak Avenue North between 60 Street and 58 Street. Based upon concept plan approvals, the Novak Avenue North right -of --way has been widened to 100 feet from the south line of the xcel power line easement south to 58 Street. The 100 feet of right -of -way will enable adequate separation and screening for potential residential development to the east. The project developers continue to work with Wal Mart to allow a cross connection at the front of the buildings to provide convenient joint access. If a positive response is received from Wal Mart, the site plan can easily be amended to allow the joint access. Traffic Analysis. The applicant provided a traffic study for the development as part of the concept plan review. The City Engineer will provide a review of the traffic study in a separate report. Trails /Sidewalks. The site plan indicates a sidewalk on the west side of Novak Avenue North extending from 58 Street to the northerly access drive within the development The sidewalk does not extend to 60 Street, but will be required as part p of the project approvals. A trail should be shown along 50 th Street North connecting Novak Avenue and Norwich Avenue North. The Park and Planning Commissions should also comment on the need for better trail connections between buildings and other existing and potential surrounding development. Setbacks. A 35 foot drainage and utility easement was established as part of the Haase Addition plat on the north property line of the development. The buildings and parking have been setback south of this easement area. The B-4 District requires 40 foot front yard setbacks, 10 foot side yard, and 20 foot rear yard setbacks. The buildings along 60 Street North are setback 40 feet in compliance with the ordinance. A 40 foot setback would also be required for the setback from Norwich and Novak Avenues North. Buildings A and B on Norwich are proposed to be setback 20 feet/23 feet, respectively. As part of the concept plan approvals, the City Council agreed to allow a variation of the setback through the PUD if the rear elevations of the building and the landscaping provided an attractive side to the development. Ali other setbacks for the buildings and parking are met. 4 Fencing /Screening. The rear of the Lowe's store adjoins property that is undeveloped and owned by VSSA. Formerly approved concept plans for the VSSA property have included multi -story mixed commercial and residential buildings. A 20 foot to 26.7 foot landscape area with a berm, fencing, and tree plantings is proposed for the south property line. The plans do not indicate any details of the proposed fence including its location, materials, or height. The setback area has been increased from the concept plan submittal and should give adequate area for the berm and landscaping. The berm is at its highest point four feet above the surrounding grade. The City Arborist has made comments about the landscaping plan for Lowe's and has found it to be inadequate, especially for the areas where screening is necessary. The applicants shall provide fence details and an enhanced landscape plan in general and specifically amend it to provide adequate landscaping on the south property line. The Lowe's store will include heating, air conditioning, and mechanical equipment on the roof structure. The applicant has indicated that the roof surface and the back of the front parapet will be white. The mechanical equipment will also be painted white to match. A combination of the berm and adequate landscaping and fencing will adequately screen the project from future development to the south. Conditions will be placed upon the approvals to assure that the plans are updated to provide the screening as required. Landscape Plan. Landscape plans for the CSM project and for Lowe's have been provided by the applicant. The City Arborist has reviewed the plans and submitted comments in a review as attached. In the memo, the City Arborist had few comments on the CSM portion of the development but had significant issues with the Lowe's plan. The landscape plan shall be revised per the comments of the City Arborist. Additionally, the south property line landscape screening should be revised and enhanced subject to review and approval of the City staff and City Arborist. Grading, Drainage and Utility Plans. Grading, drainage and utility plans have been submitted. The City Engineer shall comment on any issues with the plans. A stormwater pond has been provided within the development to address runoff issues. Alt grading, drainage and utility plans shall be subject to review and approval of the City Engineer. Parking. According to Section 401.15.F of the Zoning Ordinance, shopping centers must provide six parking spaces per each 1,000 square feet of gross floor area. As part of the approvals for the other Lowe's location on Highway 5, the City accepted a parking ratio of one space per 290 square feet of gross floor area. The current proposal includes a slightly smaller building footprint of 139,410 square feet. With the 10 percent reduction in gross square footage for calculating parking stalls, the net building square footage is 125,469 square feet. The applicants have proposed a parking ratio of one space per 237 square feet of floor area. The parking proposed as part of the concept plan is 529 stalls for the Lowe's store. This is a slight increase from the 521 stalls proposed for the larger store on Highway 5. 5 A conditional use permit, as part of the PUD approvals for the project, will be required to vary from parking requirements for the Lowe's portion of the development. Based upon the previous approvals in the other Lowe's location and the information on actual parking spaces needed for a Lowe's store during peak retail days, staff would recommend the parking ratio as proposed. The other buildings in the development total 48,170 square feet of gross floor area. The parking requirement for these structures is 260 parking spaces based upon the shopping center requirement of six spaces per each 1,000 square feet of floor area. The plan indicates a total of 312 parking spaces for this portion of the development. The concept plan had proposed parking stalls at nine feet wide, 18 feet long, with 24 foot drive aisles. Section 401.15.F.h.1 requires parking stalls to be 20 feet in length. A 22 foot drive aisle is adequate with 20 foot parking stalls. The parking lots have been redesigned to meet City standards. Some of the drive aisles exceed 24 feet allowing for a re-alignment of the parking lot to include a five foot sidewalk in the middle of one of the parking rows in front of Lowe's. The sidewalk could be added on that parking row that would line up with a sidewalk along the west side of the detention pond in the CSM portion of the development. The sidewalk would allow pedestrian access from the front of the Lowe's store into the center of the CSM development. Loading Areas. A loading dock is provided at the rear of the Lowe's store. The area has a turn around radius for trucks and adequate access is provided to easily enter and exit the site. The landscape plan will need to be adjusted to adequately screen the loading dock area. Deliveries for the CSM project can be made from the forward and rear of Buildings A and B. Adequate area exists within the parking lots for small delivery trucks. Semi - truck deliveries for potential restaurants may cause issues with traffic flow. Deliveries should be staged at off -peak hours so as not to create traffic issues. Trash Enclosures. The site plan indicates that the trash enclosures for Buildings A and B of the CSM development are within highly visible and prominent locations of the development. It is suggested that the enclosures be relocated or built within the buildings so as not to be so prominent. The developer shall provide diagrams indicating design and materials of the trash enclosures. Lighting. Lighting plans have been submitted for both the Lowe's and CSM projects. The Zoning Ordinance requires lighting levels to be held at a one foot candle meter reading as measured from the centerline of a street or at 0.4 foot candles as measured at a property line of an adjacent property. The photometric plans for both the Lowe's and CSM developments indicate compliance with that standard. Parking lot lighting throughout the development will be a standard shoe box fixture. The height specified will need to be full cut off with no lens protruding below the shield. The 6 total height to the top of the fixture will be 25 feet. Decorative light fixtures are proposed for the CSM development. These fixtures can also be specified as full cut off. The wall fixtures for the Lowe's will be cut off shoe box style to match the parking lot fixtures. All light fixtures will need to comply with the Zoning Ordinance. Building Height The B -4 District specifies a maximum building height of 35 feet. The CSM buildings are limited to a 22 foot height limitation as part of the veal Mart development. Buildings A and B are 22 feet to the highest point on the structure. Most of the Lowe's building is 29 feet high. However, the peaks of two cornices are above this height. The Zoning Ordinance allows for cornices to rise three feet over the 35 feet, however, both cornices exceed this allowance. The main entrance cornice rises to 51 feet, 7 inches and the other to 41 feet, 7 inches. Section 401.15.C.4 allows these maximums to be exceeded by conditional use permit. Building Height Conditional Use Permit. The City Council and Planning Commission shall consider possible adverse effects of the 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. i. The proposed use's conformity with all performance standards contained herein (Le., parking, loading, noise, etc.). The request for the additional height of the cornices attempts to add visual interest by adding variation and articulation to the facade of a very large big box building. The proposed heights result in cornices that are scaled appropriately to the overall mass of the main building structure. The B -4 District allows for large buildings that are setback a great distance from the street. The Lowe's project is a use in this district that is supported by the Comprehensive Plan. The height of the cornices will have no impact on surrounding uses, traffic generation or the provision of public services. Approval of the conditional use permit to allow the two cornices to exceed the height is recommended. Architectural Appearance /Design Guidelines. The proposed development is subject to the City's Design Guidelines that apply to all new commercial development in the City. The Lowe's building is classic franchise architecture, similar in material and scale to Lowe's stores built throughout the country. There are no details or materials that respond to the site in Oak Park Heights or the Midwest region. The building contains 7 facade and roof articulation and variation in color and material to create visual interest and is similar to other recent developments in the area. The building colors are primarily warm earth tones (salmon and beige). Less than 30 percent of the building is blue. No Grade 1 materials are used in the structure. Thirty -three percent are Grade 11 materials (precast concrete panels) and 50 percent are Grade 111 materials (E.I.F.S. and metal). The CSM buildings feature architecture that is commonly found in shopping centers in Oak Park Heights and throughout the region. The facades contain building materials with a combination of brick, rock face block, and E.I.F.S. Canvas awnings will be added to each of the door and window openings. The buildings have adequate parapet articulation to feature entrances and the facades are adequately broken by architectural features such as columns. A building materials sample board will be required for Planning Commission review on the Lowe's and CSM buildings. The CSM buildings meet the standards of the Design Guidelines. The Planning Commission and City Council should comment on the design and building materials of the Lowe's store and determine if a deviation from the guidelines is appropriate. Signage. The signage standards for multi- tenant structures in the S -4 District allow 100 square feet of signage or 15 percent of the building facade up to 100 feet. The CSM buildings will be allowed two signs per tenant. Signs on the rear of the buildings are allowed by Zoning Ordinance. The signage will be evaluated with the sign permits for each individual tenant. Three wall signs have been proposed for Lowe's. The proposed signs and requirements are as follows: Allowable Proposed Number of Number of jgn Area Sign Area Signs Allowed Signs Proposed Wall Signs 300 square feet 543 square feet 2 3 Alt of the signs are proposed on the front facade. The Lowe's sign is 348.44 square feet; the garden center sign is 81.56 square feet; and the indoor garden center sign is 60.11 square feet. Exceeding the allowable area of signage is done by conditional use permit. Increasing the number of allowable signs is by variance. Allowing additional sign area and number of signs will have little visual impact due to the minimum percentage of area devoted to signage for this project. I n evaluating the request, the proposed signage will have no negative impact on surrounding uses, traffic, or the provision of public services. The third sign, requiring the variance, is more informational in nature indicating the door for the lumber yard or garden center. The signage will actually assist the customer in finding the correct entrance into the store. Staff recommends approval of the sign conditional use permit and variance in that Lowe's is essentially one store offering multiple services that are often provided by separate stores. The directional signs for the indoor lumber yard and garden center are S necessary conveniences for customers to direct them to two of the major services offered within this one store. The strict interpretation of the code would deprive Lowe's the customer communication that would be available to stores located in a multi- tenant commercial center. Development Agreement The applicant will be required to enter into a development agreement with the City pending approval of the general plan. The agreement shall specify the terms of the private and public improvements that will be done as part of the development process. CONCLUSION 1 RECOMMENDATIONS The proposed project is consistent with the Comprehensive Plan and the B -4 Zoning District. Based upon the preceding review, our office recommends approval of the following: PUD General Plan of Development (Lowe's and Buildings A and B of the CSM Development) Street and Easement Vacation Preliminary /Final Plat Conditional Use Permit for Reduction in Parking Conditional Use Permit for Building Height ® Conditional Use Permit for Wall Signs Exceeding the Allowable Area Variance to Allow Three Signs With the following conditions: 1. A preliminary /final plat is subject to review and approval of the City Engineer and City Attorney. 2. The applicant provide a copy of the purchase agreement to establish property values for those areas subject to park dedication. Park dedication shall be paid at time of final plat. 3. A public hearing shall be held for vacation of existing right-of-way and utility easements. The development agreement shall specify the amount and terms for reimbursement to the City for the vacated right -of -way. A property appraisal shall be submitted to establish fair market value of the properties that must be conveyed to the applicants. Alt reimbursement shall be paid to the City at the time of final plat. 4. The street design of Novak Avenue shall be subject to review and approval of the City Engineer. 5. The City Engineer shall comment on the traffic analysis provided by the applicant. The traffic circulation plan and required improvements shall be subject to review and approval of the City Engineer. 9 6. The Planning Commission and Park Commission should comment on the private and public trail and sidewalk system for the area. Specific sidewalksltrails to be added include: a. The sidewalk on the west side of Novak Avenue North extend from 58 Street to 60th Street. b. A trail along 60 Street North connecting Norwich Avenue and Novak Avenue shall be required. c. A sidewalk connection through the parking lot from the front of the Lowe's store to the center of the CSM development shall be required. 7. The Planning Commission and City Council finds the proposed building layout and setbacks to be adequate and approves the general site plan as proposed. Only Buildings A and B of the CSM development are approved as part of this general plan of development approval. 8. Revised landscape plans and fence details shall be provided for City Council review and approval related to the screening for the south property line of the Lowe's store. 9. The Landscape plans shall be revised according to review and approval of the City Arborist. Revised plans shall be submitted prior to City Council review. Tree replacement payments, as calculated by the City Arborist, shall be made at the time of final plat signing. 10. The grading, drainage and utility plans are subject to the review and approval of the Public Works Director, City Engineer, and the Brown's Creek Watershed District. The City accepts the parking ratio of one space per 237 square feet of floor area for the Lowe's store, resulting in the construction of 529 parking stalls. 12. The trash enclosures shall be relocated or incorporated within Buildings A and B of the CSM development. The applicant shall provide designs and building materials for the enclosures. 13. Alt parking lot and building lighting for the development shall be compliant with the Zoning Ordinance lighting requirements. 14. Deliveries for the CSM development businesses shall be staged at off -peak hours so as not to create traffic flow issues. 15. The Planning Commission and City Council shall comment on the building design and materials for the Lowe's store and CSM development. 10 16. The freestanding monument sign shall not exceed 20 feet in height or include more than 100 square feet of signage area. All signage shall feature light colored text and logos with a dark background. 17. Outdoor storage and sales areas for the Lowe's store shall comply with the plans presented and approved as part of this application. 18. The project developers shall continue to work with Wal Mart on establishing a cross connection at the front of the Wal Mart and Lowe's buildings. 19. The applicant shall be required to enter into a development agreement with the City subject to review and approval of the City Attorney and City Council. Alt cross easements and other easement documents required for this development shall be subject to review and approval of the City Attorney. Alt terms of the development improvements and payment to the City for right -of -way and park dedication shall be specified in the agreement. 20. The applicant secure any and all necessary plat approvals and access /right -of- way permits from the Minnesota Department of Transportation, the Brown's Creek Watershed District, and/or the Middle St. Croix Valley Water Management Organization, as may be required. 11 A 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 CSM EQUITIES LLC FOR A PUD GENERAL PLAN; STREET AND EASEMENT VACATION; PRELIMINARY /FINAL PLAT; AND CONDTTIONAL USE PERMITS FOR BUILDING FIEIGHT, PARHING AND SIGNAGE; AND A VARIANCE FOR SIGNS TO ALLOW THE VILLAGE AT OAK PARK HEIGHTS DEVELOPMENT SOUTH OF 60TH STREET AND EAST OF WAL MART SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from CSM Equities LLC for a PUD general plan; street and easement vacation; preliminary /final plat; and conditional use permits for building height, parking and signage; and a variance for signs to allow the Village at Oak Park Heights development south of 60th Street and east of Wal Mart; 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 follows, to wit: SEE ATTACHMENT A 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: and and SEE ATTACHMENT B 3. The subject property is zoned B -4, Limited Business District in which retail sales and services are a permitted use; and 4. The City Council, at their September 27, 2005 meeting, approved a concept plan for the project known as the Village at Oak Park Heights; and 5. City staff prepared a planning report dated November 3, 2005 reviewing the request for the PUD general plan and other applications; and 6. The November 3, 2005 planning report recommended approval of the PUD general plan and other applications subject to the fulfillment of conditions; and 7. The Planning Commission held a public hearing at their November 10, 2005 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 application submitted by CSM Equities LLC for a PUD general plan; street and easement vacation; preliminary /final plat; and conditional use permits for building height, parking and signage; and a variance for signs to allow the Village at Oak Park Heights development south of 60 Street and east of Wal Mart and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for approval subject to the following conditions: 1. A preliminary /final plat is subject to review and approval of the City Engineer and City Attorney. 2, The applicant provide a copy of the purchase agreement to establish property values for those areas subject to park dedication. Park dedication shall be paid at time of final plat. 3. A public hearing shall be held for vacation of existing right-of-way and utility easements. The development agreement shall specify the amount and terms for reimbursement to the City for the vacated right-of-way. A property appraisal shall be submitted to establish fair market value of the properties that must be conveyed to the applicants. All reimbursement shall be paid to the City at the time of final plat. 4. The street design of Novak Avenue shall be subject to review and approval of the City Engineer. 5. The City Engineer shall comment on the traffic analysis provided by the applicant. The traffic circulation plan and required improvements shall be subject to review and approval of the City Engineer. 6. The Planning Commission recommends the following private and public trail and sidewalks for the area, Specific sidewalks /trails to be added include: a. The sidewalk on the west side of Novak Avenue North extend from 58 Street to 60th Street. 2 b. A trail along 60 Street North connecting Norwich Avenue and Novak Avenue shall be required. c, A sidewalk connection between Lowe's and Wal Mart to connect the VSSA property to the south and the CSM development to the north. 7. The Planning Commission and City Council finds the proposed building layout and setbacks to be adequate and approves the general site plan as proposed. Only Buildings A and B of the CSM development are approved as part of this general plan of development approval. 8. Revised landscape plans and fence details shall be provided for City Council review and approval related to the screening for the south and east property lines of the Lowe's store. 9. The landscape plans shall be revised according to review and approval of the City Arborist. Revised plans shall be submitted prior to City Council review. Tree replacement payments, as calculated by the City Arborist, shall be made at the time of final plat signing. 10. The grading, drainage and utility plans are subject to the review and approval of the Public Works Director, City Engineer, and the Brown's Creek Watershed District. 11. The City accepts the parking ratio of one space per 237 square feet of floor area for the Lowe's store, resulting in the construction of 529 parking stalls. 12. The trash enclosures shall be relocated or incorporated within Buildings A and B of the CSM development. The applicant shall provide designs and building materials for the enclosures. 13. All parking lot and building lighting for the development shall be compliant with the Zoning Ordinance lighting requirements. 14. Deliveries for the CSM development businesses shall be staged at off-peak hours so as not to create traffic flow issues. 15. The Planning Commission recommends the proposed building design and materials for the Lowe's store and CSM development on plans dated 10/12/05. 16. The freestanding monument sign shall not exceed 20 feet in height or include more than 100 square feet of signage area. All signage shall feature light colored text and logos with a dark background. 17. Outdoor storage and sales areas for the Lowe's store shall comply with the plans dated 10/12/05 and approved as part of this application. 3 18. The project developers shall continue to work with Wal Mart on establishing a cross connection at the front of the Wal Mart and Lowe's buildings. nts shall remove the outdoor advertising sign The applicants g gn adjacent to 60 (biliboard) Street North before issuance of any building permits for the project. 20. The applicant shall be required to enter into a development agreement with the City subject to review and approval of the City Attorney and City Council. All cross easements and other easement documents required for this development shall be subject to review and approval of the City Attorney. All terms of the development improvements and payment to the City for right-of-way and park dedication shall be specified in the agreement. 21. The applicant secure any and all necessary plat approvals and access/right-of-way permits from the Minnesota Department of Transportation, the Brown's Creek Watershed P District, andlor the Middle St. Croix Valley Water Management Organization, as may be required. Recommended b y Planning the Plannin Commission of the City of Oak Park Heights this 10 day of November 2005. ATTEST: Eric A. Johnson, City Administrator Mike Runk, Chair 4 A RESOLUTION ESTABLISHING FRVDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY CSM EQUITIES LLC FOR A PUD GENERAL, PLAN; STREET AND EASEMENT VACATION; PRELIMINARY/FINAL PLAT; AND CONDITIONAL USE PERMITS FOR BUILDING HEIGHT, PARKING AND SIGNAGE; AND A VARIANCE FOR SIGNS TO ALLOW THE VILLAGE AT OAK PARK FIEIGATS DEVELOPMENT SOUTH OF 60 STREET AND EAST OF WAL MART APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from CSM Equities LLC for a PUD general plan; street and easement vacation; preliminary /final plat; and conditional use permits for building height, parking and signage; and a variance for signs to allow the Heights e at Oak Park hts development south of 60th Street and east of Wal Mart; g and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the request be approved with conditions. The City Council 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: and RESOLUTION NO, CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA SEE ATTACHMENT B 3. The subject property is zoned B-4, Limited Business District in which retail sales and services are a permitted use; and 4. The City Council, at their September 27, 2005 meeting, approved a concept plan for the project known as the Village at Oak Park Heights; and 5. City staff prepared a planning report dated November 3, 2005 reviewing the request for the PUD general plan and other applications; and 6. The November 3, 2005 planning report recommended approval of the PZJD g eneral plan and other applications subject to the fulfillment of conditions; and 7. The Planning Commission held a public hearing at their November 10, 2005 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the request 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 CSM Equities LLC for a PUD general plan; street and easement vacation; preliminary /final plat; and conditional use permits for building height, parking and signage; and a variance for signs to allow the Village at Oak Park Heights . development south of 60 th Street and east of Wal Mart and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights subject to the following conditions: 1. A preliminary /final plat is subject to review and approval of the City Engineer and City Attorney. 2. The applicant provide a copy of the purchase agreement to establish property values for those areas subject to park dedication. Park dedication shall be paid at time of final plat. 3. A public hearing shall be held for vacation of existing right-of-way and utility easements. The development agreement shall specify the amount and terms for reimbursement to the City for the vacated right-of-way. A property appraisal shall be submitted to establish fair market value of the properties that must be conveyed to the applicants. All reimbursement shall be paid to the City at the time of final plat. 4. The street design of Novak Avenue shall be subject to review and approval of the City Engineer. 5. The City Engineer shall comment on the traffic analysis provided by the applicant. The traffic circulation plan and required improvements shall be subject to review and approval of the City Engineer. 6. The City Council approves the following private and public trail and sidewalks for the area. Specific sidewalks /trails to be added include: a. The sidewalk on the west side of Novak Avenue North extend from 58 Street to 60 Street. 2 b. A trail alon g 60th Street North connecting Norwich Avenue and Novak Avenue shall be required. c, A sidewalk connection between Lowe's and Wal Mart to connect the V S SA property to the south and the CSM development to the north. 7. The The Cit Council finds the proposed building layout and setbacks to be adequate and approves the general site plan as proposed. Only Buildings A and B of the CSM development are approved as part of this general plan of development approval. 8. Revised landscape plans and fence details shall be provided for City Council review and p p approval related to the screening for the south and east property lines of the Lowe's store. 9. The plans e lans shall be revised according to review and approval of the City Arborist. Revised plans shall be submitted prior to City Council review. Tree ym replacement payments, as calculated by the City Arborist, shall be made at the time of p p final plat signing. 10. The grading, drainage and utility plans are subject to the review and approval of the Public Works Director, City Engineer, and the Brown's Creek Watershed District. 11. The Cit y accepts the parking ratio of one space per 237 square feet of floor area for the p Lowe's store, resulting in the construction of 529 parking stalls. 12. The trash enclosures shall be relocated or incorporated within Buildings A and B of the CSM development. The applicant shall provide designs and building materials for the enclosures. 13. All p arking lot and building lighting for the development shall be compliant with the Zoning Ordinance lighting requirements. 14. Deliveries for the CSM development businesses shall be staged at off -peak hours so as not to create traffic flow issues. 15. The City Council approves the proposed building design and materials for the Lowe's store and CSM development on plans dated 10/12/05. 16. The freestanding monument sign shall not exceed 20 feet in height or include more than 100 square feet of signage area. All signage shall feature light colored text and logos with a dark background. 17. Outdoor storage and sales areas for the Lowe's store shall comply with the plans dated 10/12/05 and approved as part of this application. 3 18. The ro' ect developers shall continue to work with Wal Mart on establishing a cross P J connection at the front of the Wal Mart and Lowe's buildings. shall remove the outdoor advertising sign The applicants s g gn adjacent to 60 (biliboard) Street North before issuance of any building permits for the project. 20. The applicant shall be required to enter into a development agreement with the City subject to review and approval of the City Attorney and City Council. All cross easements and other easement documents required for this development shall be subject to review and approval of the City Attorney. All terms of the development improvements and p � a ent to the City for right -of- -way and park dedication shall be specified in the agreement. 21. The applicant secure any and all necessary plat approvals and access/right-of-way permits from the Minnesota Department of Transportation, the Brown's Creek Watershed District, andlor the Middle St. Croix Valley Water Management Organization, as may be required. 2005. ATTEST: Approved by the City Council of the City of Oak Park Heights this 22nd day of November pp y y y Eric A. Johnson, City Administrator David Beaudet, Mayor 4