HomeMy WebLinkAbout2006-05-23 CC Meeting Packet EnclosureMeeting Date M 23' 2006
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Originating I.)epartmeiu /R
Please see attached from Scott Richards, City Planner
Oak Park Heights
Request for Council Action
Agenda Item Title: oak Park Hei gluts Marketplace (Positive Com1panies) w- Site Plan Review and
Conditional Use Permit
Johnson, Cit Administrator
Action Requested Revi Id Approve the oak Park Flciobts Market )lace fl ositive k ni panics
Site Plan Review and Cot fitit nal Use Permit with Conditions
1. P1anneCs Report dated May 4, 2()06 (Please see your May 2006 Planning Packet for Exhibits)
2. Planning, Commission Resolution (Unsigned)
3. Proposed City Council Resolution
Background /Justii icati Please indicate if any previous action has been taken or i1 other public
bodies have advised):
Page 34 of 126
MEMORANDUM
NORTHWEST ASSOCIATED CONS
4800 Olson Memorial Highway, Suite 202, Golden Valley, M N 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 planners n €cpIanning.00m
TO: Oak Park Heights Planning commission
FROM: Laurie shives 1 Scott Richards
DATE: May 4, 2006
5 1
RE: Oak Park Heights - Oak Park Heights Marketplace; Site Plan
Review /CU P
FILE: 798.02 --- 06.05
BACKGROUND
Positive companies, Inc. is proposing to construct a new 12,000 square foot retail office
building located off of Neal Avenue North, south of Highway 36. The subject site is
currently zoned B-2, General Business District. The request is for a Site Plan Review
and a Conditional Use Permit to allow for a drive -in and convenience food
establishments. The proposed building will accommodate eight tenants with the
allowance for one drive-through window if the tenant so requests.
Attached for reference:
Exhibit 1 - Existing Conditions
Exhibit - -Site Plan
Exhibit 3 .- Floor Plan
Exhibit 4 Building Elevations
Exhibit 5 - Lighting Plan
Exhibit 6 - Signage Plan
Exhibit 7 - Landscape Plan
Page 35 of 126
ANALYSIS
Comprehensive Plan. The Comprehensive Plan guides the subject site for
commercial land use and, as such, the proposed retail development is in compliance
with the Comprehensive Plan.
Zoning. The subject site is currently zoned B -2, General Business District. The
applicant is proposing to have general retail service businesses occupy the proposed
building with one unit operating a drive-thru facility. Drive -thrus are a permitted use
upon approval of a conditional use permit within the B -2 District.
cup criteria. The purpose of a conditional use permit is to provide the City with a
reasonable degree of discretion when determining the suitability of certain uses upon
the general welfare of the public, In making this determination, City staff and officials
should consider the nature of the adjoining land or buildings, whether or not a similar
use is already in existence and located nearby, traffic generation and all other factors as
the City may deem appropriate in determining the effect of the proposed conditional use
on the public's health and safety. Section 401.30.E of the Zoning Ordinance
conditionally permits drive -in (drive thru) establishments within the B -2 District provided
that:
1. The architectural appearance and functional plan of the building and site shall not
be so dissimilar to the existing buildings or area as to cause impairment in
property values or constitute a blighting influence within a reasonable distance of
the lot.
Comment: The proposed retail building will be consistent with the design
standards of the B -2 District and will be compatible with the surrounding
buildings.
2. At the boundaries of a residential district, a strip of not less than ten feet shall be
landscaped and screened in compliance with Section 401.15.E.8 of this
Ordinance.
Comment: The subject site is not located adjacent to a residential district.
3, Each light standard island and all islands in the parking lot landscaped or
covered.
Comment: The submitted landscape plan indicates that the proposed parking lot
islands will be adequately landscaped.
4. Parking areas shall be screened from view of abutting residential districts in
compliance with Section 401,15.E.8 of this Ordinance.
Comment: The subject site is not located near a residential district.
2
Page 36 of 126
Parking areas and driveways shall be curbed with continuous curbs not less than
six inches high above the parking lot of driveway grade.
Comment: The parking area and driveways are proposed to be curbed and
paved with bituminous surfacing.
6. Vehicular access points shalt be limited, shall create a minimum of conflict with
through traffic movements, shall comply with section 401.15.F of this Ordinance
and shall be subject to the approval of the City Engineer.
Comment: Access to the site will be off Neal Avenue North and is not anticipated
to have a negative effect upon existing traffic patterns in this area. Neal Avenue
North is a State -aid roadway, thus, the applicant shatl obtain a driveway access
permit from the Minnesota Department of Transportation (MnDOT) for the
additional access to accommodate the drive -fhru. Al! access and driveway
design issues steall be subject to the review and approval of the City Engineer.
7. Alt lighting shall be hooded and so directed that the light sources shall not be
visible from the public right-of-way or from neighboring residences and shall be in
compliance with Section 401.15.B.7 of the Oak Park Heights Zoning ordinance.
Comment: The applicant is proposing to install "shoe box" style exterior lights
which will offer full cutoff as required by the Zoning Ordinance. The pole
mounting height shalt not exceed 25 feet. The applicant must submit additional
lighting plans detailing the proposed exterior building lighting, subject to City
staff's review and approval. The applicant has submitted a photometric plan
indicating that the proposed light source locations and emissions will be
consistent with Section 401.15.B.7 of the Zoning Ordinance.
B. The entire area shall have a drainage system which is subject to the approval of
the City Engineer.
Comment: The applicant has submitted grading and drainage plans which are
subject to the City Engineer's approval.
9, The entire area other than occupied by buildings or structures or plantings shall
be surfaced with a material which will control dust and drainage and which is
subject to the approval of the City Engineer.
Comment: The parking area and drive aisles will be surfaced with bituminous
pavement and the parking islands and site perimeter are proposed to be
landscaped, thus, the site will be surfaced with materials suited to control dust.
Drainage issues shall be subject to the review and approval of the City Engineer.
10. All signing and informational or visual communication devices shall be in
compliance with Section 401.15.G of this Ordinance.
3
Page 37 of 126
Comment: The following table outlines the required provisions for signage within
the B -2 District and that which is being proposed by the applicant.
Sign
Wall Signs
Freestanding /Pylon
Sign
8 -2 District Standards
100 sq. feet in total sign
area or 15% of building
facade up to 300 sq, feet
total
Pro osed
Maxirn Gtr t sign area
of 8% of wall area,
not to exceed 60
sq, feet or 4% of
wall area, not to
exceed 200 square
feet
One freestanding sign not Multi - tenant pylon
to exceed 100 sq. feet and sign
20 feet in height
The applicant has not provided a detailed signage plan, as there are no known
tenants for the proposed building at this time. The applicant has submitted a
general signage plan and proposed signage guidelines which appear to be
consistent with the Zoning Ordinance requirements. Prior to the erection of any
signage 0/7 the subject site, a sign permit must be obtained, subject to City stall`
approval.
11, The provisions of Section 401.03.A.8 of this Ordinance are considered and
satisfactorily met.
Comment; The applicant has submitted the necessary information for the
processing of the proposed CUP. However, pursuant to Section 40103A.8 of
the Zoning Ordinance, the applicant shall provide additional information as
deemed necessary by any City start or officials.
Lot and Setback Provisions. As shown in the table below, the proposed building
meets the required lot area and setback standards for the B-2 District.
Building Design. The submitted plans indicate that the building will be a one story
building with a total of 11 ,900 square feet. The primary facade material is proposed to
be splitface block with accents of EFTS, single scored smooth block and brick veneer.
The applicant has also submitted colored building elevations indicating that the primary
brick color will be red /brown with brown and neutral accent colors. Each suite will have
a glass door entrance surrounded by large, full - length windows. The proposed building
will have architectural interest in the form of varied rooflines for different sections of
building's front facade. The proposed retail building is consistent with the requirements
of the B -2 District and the City's Design Standards.
4
Page 38 of 126
is Ts
Setbacks
Area
Width
Front
Side
Rear
Re. u iced
Proposed
1 5,000 sq, ft.
100 feet_
40 feet
10 feet
20 feet
61 ,422 sq, ft.
232 feet
40 feet
10 feet
20 feet
Comment: The following table outlines the required provisions for signage within
the B -2 District and that which is being proposed by the applicant.
Sign
Wall Signs
Freestanding /Pylon
Sign
8 -2 District Standards
100 sq. feet in total sign
area or 15% of building
facade up to 300 sq, feet
total
Pro osed
Maxirn Gtr t sign area
of 8% of wall area,
not to exceed 60
sq, feet or 4% of
wall area, not to
exceed 200 square
feet
One freestanding sign not Multi - tenant pylon
to exceed 100 sq. feet and sign
20 feet in height
The applicant has not provided a detailed signage plan, as there are no known
tenants for the proposed building at this time. The applicant has submitted a
general signage plan and proposed signage guidelines which appear to be
consistent with the Zoning Ordinance requirements. Prior to the erection of any
signage 0/7 the subject site, a sign permit must be obtained, subject to City stall`
approval.
11, The provisions of Section 401.03.A.8 of this Ordinance are considered and
satisfactorily met.
Comment; The applicant has submitted the necessary information for the
processing of the proposed CUP. However, pursuant to Section 40103A.8 of
the Zoning Ordinance, the applicant shall provide additional information as
deemed necessary by any City start or officials.
Lot and Setback Provisions. As shown in the table below, the proposed building
meets the required lot area and setback standards for the B-2 District.
Building Design. The submitted plans indicate that the building will be a one story
building with a total of 11 ,900 square feet. The primary facade material is proposed to
be splitface block with accents of EFTS, single scored smooth block and brick veneer.
The applicant has also submitted colored building elevations indicating that the primary
brick color will be red /brown with brown and neutral accent colors. Each suite will have
a glass door entrance surrounded by large, full - length windows. The proposed building
will have architectural interest in the form of varied rooflines for different sections of
building's front facade. The proposed retail building is consistent with the requirements
of the B -2 District and the City's Design Standards.
4
Page 38 of 126
The Oak Park Marketplace building is proposed to be 22 feet in height at its highest
point, compliant with the 35-foot height limit in the B -2 District.
The applicant is proposing a trash enclosure area within the center parking island. This
proposed enclosure appears to be consistent with the requirements of Section
401.15.D.12 of the Zoning ordinance.
Access. The subject site accesses off of Neal Avenue North (both Street South), The
applicant is proposing a drive -thru window along the east side of the building and has
allowed for approximately five stacking spaces within the drive -thru lane. The parking
area and drive -thru design appear to be adequate to accommodate the proposed retail
uses on the site. All access and vehicular traffic design issues are subject to the review
and approval of the City Engineer.
The additional curb cut proposed by the applicant is consistent with Section
401.15.1= .4. h.10 and 401.15 .4. h.12 of the Zoning Ordinance regarding curb cut
spacing and number of curb cuts. The subject site has 250 feet of frontage on a public
street which allows them to have a maximum of two curb cuts. The proposed
entrance /exit to the site and the drive4thru exit are located 120 feet apart.
Off-Street Parking. Based on the proposed retail sales and service uses, the required
number of off- street parking paces is shown below:
(12,000 sq. ft. x 0.90) 1 200 sq, ft. = 54 spaces
For a drive -in restaurant or a fast food restaurant, at least one space for each 35 square
feet of gross floor area of service and dining area, but not less than 15 spaces must be
provided, The applicant shall provide two additional parking spaces for the drive -thru
portion of the site and an adequate stacking space. According to the submitted plans,
the applicant is proposing to provide a total of 70 parking spaces, including two
handicap accessible spaces, and a 120 -foot stacking aisle for the drive -thru lane, which
is consistent with the requirements of the Zoning Ordinance.
Landscaping. The submitted landscape plan has been reviewed by city staff,
including the City Arborist. Staff was quite favorable of the proposed design and the
planting materials selected. The landscape plan shall be subject to the City Arborist's
conditional approval.
Grading, Drainage & Utilities. Preliminary construction plans have been submitted.
All grading, drainage and utility plans are subject to the review and approval of the City
Engineer.
5
Page 39 of 126
CONCLUSION /RECOMMENDATION
The applicant has submitted the necessary materials for the proposed application. The
proposed use and site design are consistent with the requirements of the Zoning
Ordinance and the direction of the Comprehensive Plan. Based on the information
contained in this report, our office recommends approval of the site plan review and
CUP for the Oak Park Marketplace retail building subject to the following conditions:
1. The grading, drainage and utility plans are subject to the review and approval of
the City Engineer.
2. The proposed signage for the site shalt be consistent with Section 401.15,G of
the Zoning Ordinance and the sign design guidelines submitted by the applicant.
A sign permit shall be obtained prior to the erection of any signs an the subject
site
3. Landscaping plans shall be subject to the review and approval of the City
Arborist.
4. The applicant shall obtain a driveway access permit from the Minnesota
Department of Transportation (MnDOT) for the additional access to
accommodate the drive -thru.
5, The applicant must submit additional fighting plans detailing the proposed
exterior building lighting, subject to City staff's review and approval. Mounted
pole height for the proposed parking area lights shall not exceed 25 feet.
6. As access to the site and drive thru area may become problematic, the City shall
maintain a right to review the CUP permit and shall have the right to require the
developer to make modifications to the site access and traffic circulation patterns
should traffic use of, or to the site, create a public safety problem.
7 Sound levels from ordering and announcement equipment shall be in compliance
with Section 401.15.B.11 of the Zoning Ordinance.
6
Page 40 of 126
A RECOMMENDING RESOLUTION
OE 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 13Y POSITIVE COMPANIES INC. FOR A SITE PLAN REVIEW
AND CONDITIONAL USE PERMIT TO ALLOW FOR A DRIVE-IN AND
CONVENIENCE FOOD ESTABLISHMENT IN A RETAZ E
BUILDING REFERRED TO AS OAK PARK HEIGHTS MARKETPLACE,
LOCATED OFF OF NEAL AVENUE NORTH,
EAST OF STATE HIGHWAY
SHOULD BE APPROVED WITH CONDITIONS
WHEREAS, the City of oak Park Heights has received a request from Positive
Companies Inc. for a site plan review and conditional use permit to allow f or a drive-in and
convenience food establishment in a retail /office building referred to as ()ak Park Heights
Marketplace, located off of Neal Avenue North, east of State Highway 5; and after having
conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights
makes the following findings of fact:
1. The real property affected by said application is legally described as
SEE AI 1A IIMI:E fA
2. The applicant has submitted an application and supporting
documentation to the Community Development Department consisting of the following items:
follows to wit:
and
and
SEE ATTACHMENT R
3. The subject property is zoned f:3 --2, General Business District in which the
retail and office uses are permitted. A drive-in and convenience food establishment is a
conditional use; and
4. The City staff prepared a planning report dated May 4, 2006 reviewing the
request for the site plan review and conditional use permit; and
5 The May 4, 2006 planning report recommended approval of the site plan
review and conditional use permit subject to the fulfillment of conditions; and
Page 41 of 126
6. The Planning Commission held a public hearing at their May 11, 2006
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 Positive Companies Inc. for a site plan review and
conditional use permit to allow for a drive -in and convenience food establishment in a
retail/office building referred to as Oak Park Heights Marketplace, located off of Neal Avenue
North, east of State Highway 5 and affecting the real property as follows:
SEE ATTACHMENT A
13e and the same as hereby recommended to the City Council of the City of Oak Park Heights for
approval subject to the olio \Ping conditions:
1. 'The grading, drainage and utility plans are subject to the review and approval of the City
1=1ngineer.
2. The proposed signagc for the site shall be consistent with Section 401.15.0 of the Zoning
Ordinance and the sign design guidelines submitted by the applicant. A sign permit shall
be obtained prior to the erection of any signs on the subject site.
3. Landscaping plans shall he subject to the review and approval of the City Arhorist.
4. 'Ile applicant shall obtain a driveway access permit f rom the Minnesota Department of
Transportation (Mnf)O'f) for the additional access to accommodate the drive-through.
5. The applicant must submit additional lighting plans detailing the proposed exterior
building lighting, subject to City staffs review and approval. Mounted pole height for
the proposed parking area lights shall not exceed 25 feet.
6. As access to the site and drive - through area may become problematic, the City shall
maintain a right to review the conditional use permit and shall have the right to require
the developer to make modifications to the site access and traffic circulation patterns
should traffic use of, or to the site, create a public safety problem.
7. Sound levels from ordering and announcement equipment shall be in compliance with
Section 401.15.13 1 1 of the Zoning Ordinance.
2
Page 42 of 126
Recommended by the Planning Commission of the City of Oak Park Heights this 1 1 th day
of May 2006.
ATTEST:
Erie A. Johnson, City Administrator
Mike Runic, Ch au
u
3
Page 43 of 126
Attachment A
Washington County GEC Code: 66.29.20.11.0019
Legal Description: Lot 1, Block 1, Jacob 2nd Addition
Page 44 of 126
Required Approvals: CUP
City Council 4/5
ATTACHMENT B
Conditional Use Permit - Drive - through Window
Oak Park Heights Marketplace
Application Materials
• Application Form
O Fees
• Plan Sets (3 Large Scale Sets /20 11X17 Sets)
• Written Narrative and Graphic Materials Explaining Proposal
• Mailing List from Washington County (350/150' from subject property)
• Proof of Ownership or Authorization to Proceed
O Property Tax statements) /Legal Description(s)
Conference With City staff Upon Application submittal: April 5, 2006
Planning commission Public Hearing & Recommendation: May 11, 2006
Conditional Use Permit - Lapse of Approval:
Unless the City Council specifically approves a different time when action is officially
taken on the request, the conditional use permit shall become null and void twelve (12)
months after the date of approval, unless the property owner or applicant has
substantially started the construction of any building, structure, addition or alteration, or
use requested as part of the conditional use. An application to extend the approval of a
conditional use permit shall be submitted to the Zoning Administrator not less than thirty
(30) days before the expiration of said approval. (40t03.C4.a and b)
Page 45 of 126
R ESOLUTION NO.
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF THE CITY COUNCIL THAT THE
REQUEST BY POSITIVE COMPANIES INC. FOR A SITE PLAN REVIEW
AND CONDITIONAL USE PERMIT TO ALLOW FOR A DRIVE-IN AND
CONVENIENCE FOOD ESTABLISHMENT IN A RETAIL /OFFICE
BUILDING REFERRED TO AS OAK PARK HEIGHTS MARKETPLACE,
LOCATED OFF OF NEAL AVENUE NORTH,
EAST OF STATE HIGHWAY
BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park :Heights has received a request from Positive
Companies Inc, for a site plan review and conditional use permit to allow for a drive -in and
convenience food establishment in a retail /office building referred to as Oak Park Heights
Marketplace., located off of Neal Avenue North, east of State Highway 5; and alter 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 wing f a nd ings of fact and resolution:
1, The anal property affected by said application is legally described as
SEE ATTACHMENT A
2. The applicant has submitted an application and supporting
documentation to the Community Development (Department consisting of the following items:
follows, to wit:
and
and
SEl.a ATTACJ (MINT 13
3. The subject property is zoned 13 -2, General Business District in which the
retail and office uses are permitted. A drive -in and convenience food establishment is a
conditional use; and
4, The City staff prepared a planning report dated May 4, 2006 reviewing the
request for the site plan review and conditional use permit; and
Page 46 of 126
5. The May 4, 2006 planning report recommended approval of the site plan
review and conditional use permit subject to the fulfillment of conditions, and
6. The Planning Commission held a public hearing at their May 11, 2006
meeting, took comments from the applicants and public, closed the public hearing, and
recommended that the application be approved with conditions.
NOW, THEREFORE, BE IT RESOLVED 13Y THE CITY COUNCIL FOR
THE CITY Op OAK PARK HEIGHTS THAT THE CM COUNCIL APPROVES THE
FOLLOWING:
A. The application submitted by Positive Companies Inc. for a site plan review and
conditional use permit to allow for a drive -in and convenience food establishment in a
retail/office building referred to as Oak Park Heights Marketplace, located off of Neal Avenue
North, cast of State 1- Highway 5 and affecting the real property as follows:
SEE A'Y• ... ILY11_JF ` J' A
13e and the same as hereby approved by the City Council of the City of Oak Park Heights subject
to the following conditions:
1. The grading, drainage and utility plans are subject to the review and approval of the City
Engineer.
The proposed signage for the site shall be consistent with Section 401.15.0 of the Zoning
Ordinance and the sign design guidelines submitted by the applicant. A sign permit shall
be obtained prior to the erection of any signs on the subject site.
3. Landscaping plans shall be subject to the review and approval of the City Arborist.
4. The applicant shall obtain a driveway access permit from the Minnesota Department of
Transportation (MnDOT) for the additional access to accommodate the drive - through.
5. The applicant must submit additional lighting plans detailing the proposed exterior
building lighting, subject to City stairs review and approval. Mounted pole height for -
the proposed parking area lights shall not exceed 25 feet.
6. As access to the site and drive- through area may become problematic, the City shall
maintain a right to review the conditional use permit and shall have the right to require
the developer to make modifications to the site access and traffic circulation patterns
should traffic use of, or to the site, create a public safety problem.
7, Sound levels from ordering and announcement equipment shall be in compliance with
Section 401.15.13. f I of the Zoning Ordinance,
2
Page 47 of 126
Approved by the City Council of the City of Oak Park Heights this 23' day of May 2006.
ATTI-.SF:
.% •
Erie A. Johnson, City Administrator
David Beaudet, Mayor
3
Page 48 of 126
Attachment A
Washington County GEO Code: 06 9.20.11.0019
Legal Description: Lot 1, Block 1, Jacob 2nd Addition
Page 49 of 126
Required Approvals: CUP
City council 4/5
ATTACHMENT B
Conditional Use Permit - Drive - through Window
Oak Park Heights Marketplace
Application Materials
• Application Form
• Fees
• Plan Sets (3 Large Scale Sets/20 11 17 Sets)
• Written Narrative and Graphic Materials Explaining Proposal
• Mailing List from Washington County (3507150' from subject property)
• Proof of Ownership or Authorization to Proceed
4 Property Tax statements} /Legal Description(s)
Conference With City staff Upon Application Submittal: April 5, 2006
Planning Commission Public Hearing & Recommendation: May 11, 2006
Conditional Use Permit - Lapse of Approval:
Unless the City Council specifically approves a different time when action is officially
taken on the request, the conditional use permit shall become null and void twelve (
months after the date of approval, unless the property owner or applicant has
substantially started the construction of any building, structure, addition or alteration, or
use requested as part of the conditional use. An application to extend the approval of a
conditional use permit shall be submitted to the Zoning Administrator not less than thirty
(30) days before the expiration of said approval. (401.03.C.4.a and b)
Page 50 of 126