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HomeMy WebLinkAbout2005-09-27 CC Meeting Packet Enclosureyak dark Heights Request for Council Action Meeting Date September 27 2005 Agenda Item Title: villa e at Oak Park Hei hts Planned Unit Develo rent - Conce s t Plan Review Time: , 10 Minutes Agenda Placement New Business . - mentlRe uestor Originating Depart ohnson �, �.. Requester's Signature Action Requested Co 'der Conce cation Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Please See Attached from Scott Richards: Memo of September 21, 2005 - Discussing � Q �e p � g Lack of Quorum for the September 8th Planning Commission. 2. Plannin g Memo (Please bring your September 8th Planng Packets w/ xhibits and Agenda) 3 Planning Commission Resolution - To be considered at open before the 9/27 Council Meeting. 4. City Council Resolution. Administrator MEMORANDUM NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 783231 .2555 Facsimile: 763.231_2561 planners @naoplanning.00m TO: Eric Johnson FROM: Scott Richards DATE: September 21, 2005 RE: Oak Park Heights Village at Oak Park Heights: Planned Unit Development -- Concept Plan Review FILE No: 798.02 — 05.09 As you are aware, the Planning Commission did not have a quorum for its September 8, 2005 meeting and as a result, was not able to hold a public hearing for the Village at Oak Park Heights /Love's Home Improvement concept plan /planned unit development. The public hearing was rescheduled for a special meeting on September 27, 2005 at 6:00 PM, prior to the City Council meeting. A public hearing of the City Council was also scheduled for the September 27, 2005 meeting to consider this issue. Draft Planning Commission and City Council resolutions are attached reflecting the recommendations in the September 1, 2005 planning report. There are a number of items related to setbacks, trails and sidewalks, screening, right -of -way width, and design of Norwich Avenue that should be considered by the Planning Commission in making their recommendation to the City Council. The Planning Commission should bring their September 8, 2005 packet information to the meeting. BACKGROUND NORTHWEST AS CI ATED CONSULTANTS, INC. 4800 Olson Memorial H ig hvvay, Suite 202, Golden Walley, MN 55422 Telephone: 783.231 .2555 Facsimile: 763.231 .2561 planners @nacpIa nning. corn PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: September 1, 2005 RE: Oak Park Heights - Village at Oak Park Heights — Planned Unit Development — Comprehensive Plan Review FILE NO: 798.02 — 05.09 CSM Equities LLC has made application for a PUD concept plan approval to allow the property development of roperty south of 60 Street North and east of Wal Mart. The subject p site is 22.36 acres and will be developed adjacent to the proposed Norwich Avenue North, orth a north /south roadway that will connect 60 Street with 58 Street. The development is proposed in what was formally the Central Business District that was rezoned B -4, Limited Business District by the City Council on July 26, 2005. At that meeting, the City Council also approved a motion to repeal the Central Business District development moratorium. 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 currently proposed with one retail pad (a bank with drive through), one restaurant pad, and buildings with multiple retail and restaurant users. The Comprehensive Plan land use designation of commercial and the B -4, Limited Business District zoning would accommodate the proposed development. The development has also been planned to accommodate the proposed placement of Norwich Avenue and the Oakgreen Village residential project. That concept plan has been recommended by the Planning Commission but has not been reviewed by the City Council. Attached for reference: Exhibit 1 : Exhibit 2: Exhibit 3: Exhibit 4: Exhibit 5: Exhibit 6: Exhibit 7: Exhibit 8: Exhibit 9: Exhibit 10: Exhibit 11: Exhibit 12: Exhibit 13: ISSUES ANALYSIS Project Location Existing Conditions Preliminary Plat Conceptual Site Plan Conceptual Grading Plan Conceptual Utility Plan Conceptual Stormwater Management Plan Conceptual Landscape Plan Norwich Avenue Plan and Profile Project Description Wal Mart Access Easement Statement Lowe's Elevations Retail Elevations Adjacent Uses. Uses adjacent to the subject site are listed below: North of Site: South of Site: West of Site: East of Site: Present Zoning: Present Use: Present Zoning: Present Use: Present Zoning: 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 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 60 Street/Highway 36 frontage. The development would be accessed from Norwich Avenue North which would be constructed between 58 and 60th Streets at the time of project development. Access would also be provided from Novak Avenue North to the west. The placement of Norwich Avenue North is consistent with the concept plan for Oakgreen Village, the 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 2 development. The concept plan has been forwarded to the City council for review but not placed on a meeting agenda as per the applicant's request. The southerly portion of the development site (71.03 feet) has been taken from the property platted as Boutwell's Landing Out lot A. VSSA has agreed to allow a portion of p this ro ert to be incorporated into the development plans for Lowe's. VSSA p p Y representatives have indicated that they will continue to pursue a mixed office and residential development for their property north of 58 th 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 plat was submitted as part of this application. The plat would dedicate right -of -way for Norwich Avenue North and create the separate development parcels. Also, as part of the process, existing right - of-way and utility easements would need to be vacated. The City will require the applicants to pay fair market value for the land held by easements and the right -of -way. The development agreement will specify the amounts and terms of reimbursement for the property. The preliminary rY relimina plat and public hearing for the vacations would not occur until the general plan of development review. At that time, the City will also need to determine what areas would be subject to park dedication. Street Access. Access for the development would be from Novak Avenue North and Norwich Avenue North. The plans indicate the construction of Norwich Avenue North between 60 Street North and 58 Street. Norwich has been designed to meet the p City's specifications for the drive /turn lanes but has only been planned with an 80 foot right-of-way. The concept plan recommendation for the residential development to the 0 y east (Oakgreen Village) included a condition that a 100 foot right -of -way be provided for Norwich to allow for adequate screening and landscaping between differing land uses. The p lans as submitted indicate the close proximity of the proposed residential development to Norwich and the commercial development to the west. It is suggested, p at a minimum, that 100 feet of right -of -way be provided for Norwich Avenue from the northerly xcel power line easement south to 58 Street. CSM is also working with the property owner to the east for a potential commercial development proposal. If the � Y entire area is developed as commercial, an 80 foot right -of --way for Norwich would be adequate. 3 The project developers are working with Wal Mart to allow for a cross connection at the front of the buildings to provide joint access. The City would encourage that discussion and it is highly recommended to be implemented as part of the expansion of Wal Mart and construction of the Lowe's store. Traffic Analysis. The applicant has provided a traffic impact study for the proposed development. The City Engineer will provide a review of the traffic study in a separate report. Trails /Sidewalks. The concept plans do not provide an internal system of sidewalks /trails or indication of trail connections along Norwich Avenue North. With the residential concept plan for Oakgreen Village, the City had recommended private sidewalks on the residential side of Norwich and a public sidewalk on the west of Norwich. The Planning Commission and Parks Commission should comment on the private and public sidewalk/trail system for this development. As part of the general plan of development, the applicant shall indicate the private and public trail system plans for the area. 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 arkin 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 at 35 foot and 30 foot distances from the right-of-way. The buildings on Novak are proposed to be setback 20 feet from the right - of-way but a 40 foot setback would be required by the B -4 District. The City has the ability, through the PUD process, to vary from the B-4 District requirements. The Plannin g Commission and City Council should comment on this issue. Alt of the other setback distances for buildings and parking are met. Fencin g /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 p Y foot landscape area with a six foot board on board fence is proposed in the concept plan as a screen to the rear of the store and the loading dock areas. I n one area, adjacent to the loading dock in the southwest corner of the store, the setback area is reduced to 10 feet. Staff has significant concerns with the width of the setback areas and the reliminary screening plan that has been submitted. It is recommended that at p least 30 feet of setback be provided with berms, fencing and plantings. Experience with plan review for the previous Lowe's store review indicated that the roof of the store will contain numerous heating and air conditioning units and other mechanical equipment. As part of the general plan of development review, the applicants will need to address ways in which the building mechanicats, as well as the rear of the building and loading areas, can be effectively screened. Additional setbacks and landscaping should also be proposed along Norwich Avenue. Increasin g right-of-way the ri ht -of wa to 100 feet, from 58 Street to the north line of the Xcel power line easement, will assist in providing the separation and adequate area for 4 boulevard plantings to assist in screening the development from the potential residential neighborhood to the east. Landscape Plan. A conceptual landscape plan has been submitted for this project. An existing tree inventory and preservation plans will need to be prepared for the property for review at the general plan of development stage. The plan indicates significant landscaping around building pads, at the parking lot perimeters, and within parking lot islands. It is suggested that all of the parking lot islands be increased in size to at least 15 feet in width to assure survivability of the plant material. The landscape plan and tree preservation plans shall be subject to review and approval of the City Arborist at the general plan of development stage. Grading, Drainage and Utility Plans. Conceptual grading, drainage and utility plans have been submitted. The City Engineer shall comment on any issues with the plans at the concept plan stage. A stormwater pond has been provided within the development to address runoff issues. All 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 141,591 square feet. With the 10 percent reduction in gross square footage for calculating parking stalls, the net building square footage is 127,432 square feet. The applicants have proposed a parking ratio of one space per 235 square feet of gross floor area. The parking proposed as part of the concept plan is 545 stalls for the Lowe's store. This is an increase from the 521 stalls proposed for the larger store on Highway 5. The other buildings in the development total 48,475 square feet of gross floor area. The parking requirement for these structures is 292 parking spaces based upon the shopping center requirement of six spaces per each 1 ,000 square feet of gross floor area. The concept plan indicates a total of 300 parking spaces for this portion of the development. A conditional use permit, as part of the PUD approvals for the project, will be required to vary from the parking standards for the Lowe's portion of the development. That will be processed and reviewed in more detail as part of the general plan of development stage. The concept plan indicates that the parking stalls in the development are proposed at nine feet wide, 18 feet long, with 24 foot drive aisles. Section 40'1.'1 5. F. h.1) requires parking stalls to be 20 feet in Length. A variance would be required to deviate from the specified parking standards. staff recommends that the applicant be required to revise the parking lot design to comply with City parking stall dimension standards as part of the general plan of development submittal. The City Engineer should comment further on the proposed stall size reductions. S Building Orientation /Internal Access /Site Issues. The building locations and orientation of the budding are positive for the site and the orientation will provide good visibility for the Lowe's building to the south. The City Engineer will comment on the Y access locations to Novak Avenue and Norwich Avenue, although the driveways and parking arkin to be positive for the development and existing /future development in the area. The Zonin g Ordinance requires drive throughs to have at least 180 feet of stacking distance. The proposed bank drive through, as designed, will have adequate stacking distance. The g eneral plan of development will need to more clearly address site details such as pedestrian access, loading areas, and trash enclosures. Architectural Appearance. As the development moves forward, the architectural appearance of the structure will be subject to detailed review in comparison with the Design Guidelines. Preliminary concept elevations for the buildings appear to be generally consistent with the Design Guidelines. Building Height. The B-4 District specifies a maximum building height of 35 feet. The northerly p art of the site is subject to a 22 foot height limitation imposed as part of the veal Mart development. The Lowe's structure would be subject to the 35 foot height limitation but it is expected that a request for deviation would be made as part of the general plan application to address certain building features. Lighting, Si page, and Landscaping. Detailed plans related to lighting, signage and landscaping have not been submitted. Such plans will need to be submitted and p g considered as part of the general plan of development review. Development Agreement. The applicant will be required to enter into a development agreement reement with the City pending approval l of the concept and general plan. The g agreement shall specify the terms of the private and public improvements that will be done as part of the development process. CONCLUSION ! RECOMMENDATION The ro osed development is consistent with the Comprehensive Plan and the zoning p p for this ro ert . While issues remain related to setbacks, screening and proposed p p Y wa ri ht -of - width, staff would suggest this project would be recommended for concept right-of-way plan approval with the following conditions: 1. A p reliminary /final plat is submitted as part of the general plan of development. 2. The applicant provide a property appraisal for those areas subject to park dedication. 3. A u blic hearing shall be held for vacation of existing right-of-way and utility p easements. The development agreement shall specify the amount and terms for reimbursement to the City for the vacated right -of -way and easements. 6 4. The street design of Norwich Avenue shall be subject to review and approval of the City Engineer. The project developers shall dedicate 100 feet of right -of -way for Norwich Avenue from the northerly edge of the XceI power line easement south to 58 Street. 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. 8. The Planning Commission and Park Commission should comment on the private and public trail and sidewalk system for the area. 7. The Planning Commission should comment on the proposed setbacks from Novak and 60 Street North. City staff recommends that all setbacks comply with the B -4 District requirements. 8. A 30 foot setback from all parking and drive aisles with plans for berms, fencing and screening be provided at the south property line of the development. The revised plans shall be provided at the general plan of development stage. 9. The building plans for Lowe's to be submitted for general plan of development review shalt address screening of roof mechanicals, 10. Detailed tree inventory, tree preservation, and landscape plans shall be provided for general plan of development. All parking lot islands shall be increased to at least 15 feet in width. 11. Detailed grading, drainage and utility plans shall be provided for general plan of development review. 12. The Zoning Ordinance parking requirement of six parking spaces per 1 ,000 square feet may be varied for the Lowe's portion of the development as part of the general plan of development approvals. Applicants shall work with City staff to determine appropriate ratio for the development. 13. The arkin lot design shall be revised to comply with all Zoning Ordinance p g g parking stall and drive aisle dimension standards. 14. The general plan of development submittal shall address site details such as pedestrian access, loading areas, and trash enclosures. 15. The Fire Marshal and Police Chief should review the plans and determine the accessibility of emergency vehicles throughout the development. 16. The plat shall dedicate right -of -way for Norwich Avenue and all required easements as required by the City Engineer and City Attorney. 7 17. The Planning Commission and City Council should comment on the design of Norwich Avenue including screening, landscaping and boulevards that may be required. 18. Detailed architectural plans for the proposed buildings in the project shall be required for general plan of development review. 19. The architectural appearance of the structures shall be subject to Design Guidelines review as part of the general plan of development consideration. 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. Alt cross easements and other easement documents required for this development shall be subject to review and approval of the City Attorney. 8 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 CONCEPT PLAN REVIEW TO INCLUDE A LOWE'S HOME IMPROVEMENT CENTER AND OTHER RETAIL DEVELOPMENT ON PROPERTY SOUTH OF 60 STREET NORTH AND WEST OF THE PROPOSED NORWICH AVENUE NORTH SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from CSM Equities LLC for a PUD concept plan review to include a Lowe's Improvement Center and other retail development on property south of 60th Street North and west of the proposed Norwich Avenue North; 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; 4. City staff prepared a planning report dated September 1, 2005 reviewing the request for the PUD concept plan review; and 5. The September 1, 2005 planning report recommended approval of the concept plan review subject to the fulfillment of conditions; and 6. The Planning Commission held a public hearing at their September 27, 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 C S M Equities LLC for a PUD concept plan review to Pp include a Lowe's Improvement Center and other retail development on property south of 60 th Street North and west of the proposed Norwich Avenue North 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 submitted as part of the general plan of development. 2. The applicant provide a property appraisal for those areas subject to park dedication. 3. A ublic hearing shall be held for vacation of existing right-of-way and utility easements. p The development agreement shall specify the amount and terms for reimbursement to the City for the vacated right -of -way and easements. 4. The street design of Norwich Avenue shall be subject to review and approval of the City Engineer. The project developers shall dedicate 100 feet of right-of-way for Norwich g Avenue from the northerly edge of the Xcel power line easement south to 58 Street. 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 and Park Commission should comment on the private and public trail and sidewalk system for the area. 7. The Planning Commission should comment on the proposed setbacks from Novak and 60th Street North. City staff recommends that all setbacks comply with the B-4 District requirements. 8. A 30 foot setback from all parking and drive aisles with plans for berms, fencing and screening be provided at the south property line of the development. The revised plans shall be provided at the general plan of development stage. 9. The building plans for Lowe's to be submitted for general plan of development review shall address screening of roof mechanicals. 10. Detailed tree inventory, tree preservation, and landscape plans shall be provided for general plan of development. All parking lot islands shall be increased to at least 15 feet in width. 2 11. Detailed adin drainage and utility plans shall be provided for general plan of gr g , g development review. 12. The Zonin g Ordinance parking requirement of six parking spaces per 1,000 square feet may be varied for the Lowe's portion of the development as part of the general plan of pp development approvals. Applicants shall work with City staff to determine appropriate p ratio for the development. 13. The arkin lot design shall be revised to comply with all Zoning Ordinance parking stall p g � and drive aisle dimension standards. 14. The P eneral plan of development submittal shall address site details such as pedestrian g access, loading areas, and trash enclosures. 15. The Fire Marshal and Police Chief should review the plans and determine the accessibility of emergency vehicles throughout the development. 16. The p lat shall dedicate right-of-way for Norwich Avenue and all required easements as required by the City Engineer and City Attorney. 17. The Plannin g m Commission and City Council should comment on the design of Norwich Avenue includin g screening, landscaping and boulevards that may be required. rat plans for the proposed buildings Detailed arch�tectu s in the project shall be required for p p p g general plan of development review. 19. The architectural appearance of the structures shall be subject to Design Guidelines review as part of the general plan of development consideration. 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. Recommended b y the Planning Commission of the City of Oak Park Heights this 27th day of September 2005. ATTEST: Eric A. Johnson, City Administrator Mike Runk, Chair 3 Parcel 1 EXHIBIT A All that part of the North Half of the Northeast Quarter of Section 5, Township 29 North, Range 20 West, Washington County, Minnesota, described as follows: Beginning at the Northwest corner of the East 1093.00 feet of said North half of the Northeast Quarter, as measured at a right angle to the East line of said North Half of the Northeast Quarter; thence South 01 degrees 52 minutes 14 seconds East, assumed bearing, along the Westerly line thereof, a distance of 633.04 feet; thence South 89 degrees 51 minutes 37 seconds East 80.05 feet to the West line of the East 1013.00 feet of said North Half of the Northeast Quarter, as measured at a right angle to said East line and a point hereinafter referred to as Point "A "; thence South 01 degrees 52 minutes 14 seconds East along said Westerly line a distance of 226.10 feet; thence South 89 degrees 42 minutes 13 seconds West 49.31 feet; thence South 01 degrees 52 minutes 08 seconds East 363.61 feet to the Southerly line of said North Half of the Northeast Quarter; thence South 89 degrees 42 minutes 13 seconds West along said Southerly line 609.66 feet; thence North 01 degrees 52 minutes 08 seconds West 594.73 feet to a point hereinafter referred to as Point "B" which bears North 89 degrees 51 minutes 37 seconds West from the before mentioned Point "A "; thence South 89 degrees 51 minutes 37 seconds East along a line, hereinafter referred to as Line 'CAB ", for 479.01 feet to the intersection with the Westerly line of the East 1193.00 feet of said North Half of the Northeast Quarter; thence North 01 degrees 52 minutes 14 seconds West 633.29 feet to the Northerly line of said North Half of the Northeast Quarter; thence South 89 degrees 43 minutes 00 seconds Bast along said Northerly line a distance of 100.07 feet to the point of beginning. Torrens Property Torrens Certificate No. 60763 Parcel 2 A portion of Tract A, Registered Land Survey No. 114, Washington County, Minnesota. Ton Property Torrens Certificate No. 57414 (Includes other land) Parcel 3 Outlot B, Haase Addition, according to the recorded plat thereof, Washington County, Minnesota. Torrens Property Torrens Certificate No. 56075 Parcel 4 The northerly 73 feet of the easterly 686.39 feet of Outlot A, BOUTWELLS LANDING, Washington County, Minnesota. AND, The northerly 73 feet of the westerly 83 feet of the Southeast Quarter of the Northeast Quarter of Section 5, Township 29 North, Range 20 West. ATTACHMENT B Planned Unit Development (PUD): Concept Plan CSM Equities village At Oak Park Heights Application Materials • Application Form • Fees ! Plan Sets (3 Large Scale Sets /20 11x17 Sets) O Written Narrative and Graphic Materials Explaining Proposal O Mailin g 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: August 23, 2005 Plannin g Commission Public Hearing & Recommendation: September 27, 2005 Required Approvals: Planning Commission 415 City Council 4 / 5 PUD: General Conce_nt — Effect of Concept Plan Approval: Unless the applicant shall fail to meet time schedules for filing General Plan of Development Stage and /or Final Plans or shall fail to proceed with development in accordance with the plans as approved or shall in any other manner fail to comply with an y condition of Ordinance 401 or any approval granted pursuant to it, a General Concept Plan which has been approved and a PUD Agreement signed by the applicant shall not be modified, revoked or otherwise impaired pending the application for approval of the General Plan of Development Stage and Final Plans by any action of pp the City of Oak Park Heights without consent of the applicant. (401 06.C2.d) PUD: General Concept - Limitation on General concept Plan Approval: Unless a General Plan of Development covering the area designated as in the General Concept Plan as the first stage of the PUD has been filed within twelve (12) months from the date Council grants General Concept Plan approval, or in any case where the applicant fails to file General Plan of Development Stage and Final Plans and to pp p proceed with development in accordance with the provisions of this Ordinance and of an approved General Concept Plan, the approval may be revoked by Council action. (401 .06.C.2.e) follows, to wit: and and RESOLUTION NO: CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLDTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY CSM EQUITIES LLC FOR A PUD CONCEPT PLAN REVIEW TO INCLUDE A LOWE'S HOME IMPROVEMENT CENTER AND OTHER RETAIL DEVELOPMENT ON PROPERTY SOUTH OF 60 STREET NORTH AND WEST OF THE PROPOSED NORWICH AVENUE NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from CSM Equities LLC for a PUD concept plan review to include a Lowe's Improvement Center and other retail development on property south of 60 Street North and west of the proposed Norwich Avenue North; 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 SEE ATTACHMENT A 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B 3. The subject property is zoned B-4, Limited Business District in which retail sales and services are a permitted use; 4. City staff prepared a planning report dated September 1, 2005 reviewing the request for the PUD concept plan review; and 5. The September 1, 2005 planning report recommended approval of the concept plan review subject to the fulfillment of conditions; and 6. The Planning Commission held a public hearing at their September 27, 2005 meeting, took comments from the applicants and public, closed the public hearing, and recommend 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 concept plan review to Lowe's Improvement development on property south of 60 rovement Center and other retail develo include a p p Street North and west of the proposed Norwich Avenue North 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 submitted as part of the general plan of development. 2. The applicant provide a property appraisal for those areas subject to park dedication. 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 and easements. 4. The street design of Norwich Avenue shall be subject to review and approval of the City Engineer. The project developers shall dedicate 100 feet of right -of -way for Norwich Avenue from the northerl y edge e of the Xcel power line easement south to 5 8th Street. 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 and Park Commission should comment on the private and public trail and sidewalk system for the area. 7. The Planning Commission should comment on the proposed setbacks from Novak and 60 Street North. City staff recommends that all setbacks comply with the B-4 District requirements. 8. A 30 foot setback from all parking and drive aisles with plans for berms, fencing and screening be provided at the south property line of the development. The revised plans shall be provided at the general plan of development stage. 9. The building plans for Lowe's to be submitted for general plan of development review shall address screening of roof mechanicals. 10. Detailed tree inventory, tree preservation, and landscape plans shall be provided for general plan of development. All parking lot islands shall be increased to at least 15 feet in width. 2 11. Detailed grading, drainage and utility plans shall be provided for general plan of development review. 12, The Zoning, Ordinance parking requirement of six parking spaces per 1,000 square feet may be varied for the Lowe's portion of the development as part of the general plan of development approvals. Applicants shall work with City staff to determine appropriate ratio for the development. 13. The P arking lot design shall be revised to comply with all Zoning Ordinance parking stall and drive aisle dimension standards. 14. The g eneral plan of development submittal shall address site details such as pedestrian access, loading areas, and trash enclosures. 15. The Fire Marshal and Police Chief should review the plans and determine the accessibility of emergency vehicles throughout the development. 16. The plat shall dedicate right-of-way for Norwich Avenue and all required easements as required by the City Engineer and City Attorney. 17. The Planning Commission and City Council should comment on the design of Norwich Avenue including screening, landscaping and boulevards that may be required. 18. Detailed architectural plans for the proposed buildings in the project shall be required for general plan of development review. 19. The architectural appearance of the structures shall be subject to Design Guidelines review as part of the general plan of development consideration. 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. Approved by the City Council of the City of Oak Park Heights this 27th day of September 2005. ATTEST: Eric A. Johnson, City Administrator David Beaudet, Mayor 3 Parcel 1 EXHIBIT A All that p art of the North Half of the Northeast Quarter of Section 5, Township 29 North, Range 20 West, Washington County, Minnesota, described as follows: Beginning at the Northwest corner of the Bast 1 093.00 feet of said North half of the Northeast Quarter, as measured at a right angle to the East line of said North Half of the Northeast Quarter; thence South 01 degrees 52 minutes 14 seconds East, assumed bearing, along the Westerly line thereof, a distance of 633.04 feet; thence South 89 degrees 51 minutes 37 seconds East 80.05 feet to the West line of the East 1013.00 feet of said North Half of the Northeast Quarter, as measured at a right angle to said East line and a point hereinafter referred to as Point "A "; thence South 01 degrees 52 minutes 14 seconds East along said Westerly line a distance of 226.10 feet; thence South 89 degrees 42 minutes 13 seconds West 49.31 feet; thence South 01 degrees 52 minutes 08 seconds East 363.61 feet to the Southerly line of said North Half of the Northeast Quarter; thence South 89 degrees 42 minutes 13 seconds West along said Southerly line 609.66 feet; thence North 01 degrees 52 minutes 08 seconds West 594.73 feet to a point hereinafter referred to as Point "B" which bears North 89 degrees 51 minutes 37 seconds West from the before mentioned Point "A "; thence South 89 degrees 51 minutes 37 seconds East along a line, hereinafter referred to as Line "AB ", for 479.01 feet to the intersection with the Westerly line of the East 1193.00 feet of said North Half of the Northeast Quarter; thence North 01 degrees 52 minutes 14 seconds West 63129 feet to the Northerly line of said North Half of the Northeast Quarter; thence South 89 degrees 43 minutes 00 seconds East along said Northerly line a distance of 100.07 feet to the point of beginning. Torrens Property Torrens Certificate No. 60763 Parcel 2 A portion of Tract A, Registered Land Survey No. 114, Washington County, Minnesota. Torrens Property Torrens Certificate No. 57414 (Includes other land) Parcel 3 Outlot B, Haase Addition, according to the recorded plat thereof, Washington County, Minnesota. Torrens Property Torrens Certificate No. 56075 Parcel 4 The northerly 73 feet of the easterly 686.39 feet of Outlot A, BOUTWELLS LANDING, Washington County, Minneso t a. AND, The northerly 73 feet of the westerly 83 feet of the Southeast Quarter of the Northeast Quarter of Section 5, Township 29 North, Range 20 West. ATTACHMENT B Planned Unit Development (PUD): Concept Plan CSM Equities village At Oak Park Heights 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 Statements) /Legal Description(s) Conference With City Staff Upon Application Submittal: August 23, 2005 Plannin g Commission Public Hearing & Recommendation: September 27, 2005 Required Approvals: Planning Commission 4/5 City Council 4/5 PUD: General cone ' Effect of Concept Plan Approval: Unless the applicant shall fail to meet time schedules for filing General Plan of Development Stage and/or Final Plans or shall fail to proceed with development in accordance with the plans as approved or shall in any other manner fail to comply with any condition of Ordinance 401 or any approval granted pursuant to it, a General Concept Plan which has been approved and a PUD Agreement signed by the applicant shall not be modified, revoked or otherwise impaired pending the application for approval of the General Plan of Development Stage and Final Plans by any action of the City of Oak Park Heights without consent of the applicant. (401.00.c.2.d) PUD: General Concept - Limitation on General Concept Plan Approval: Unless a General Plan of Development covering the area designated as in the General Concept Plan as the first stage of the PUD has been filed within twelve (12) months from the date Council grants General Concept Plan approval, or in any case where the applicant fails to file General Plan of Development Stage and Final Plans and to proceed with development in accordance with the provisions of this ordinance and of an approved General Concept Plan, the approval may be revoked by Council action. (401.00.C.2.e)