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HomeMy WebLinkAbout03-15-2012 Planning Commission Meeting Packet CITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING AGENDA THURSDAY, MARCH 15, 2012 7:00 P.M. I. Call to Order II. Adjourn to Annual Meeting III. Call Annual Meeting to Order (1) IV. Adjourn Annual Meeting & Reconvene Regular Meeting V. Approval of Agenda VI. Approval of January 12, 2012 Meeting Minutes (2) VII. Department / Commission Liaison / Other Reports VIII. Visitors /Public Comment This is an opportunity for the public to address the Commission with questions or concerns on issues not part of the regular agenda. (Please limit comments to three minutes) IX. Public Hearings A. Stillwater Motors — 5900 Stillwater Blvd. N.: Consider requests for CUP Amendment Allowing Retrofit of Building Exterior, Deferment of Deadline for Upgrading Curbing and Lighting, Design Guidelines and Site Plan Review. (3) X. Old Business XI. New Business A. Planning Commission Vacancy: Set date and time for Planning Commission Applicant Interviews B. Amend 2012 Planning Commission Meeting Schedule to comply with Commission Bylaws (4) XII. Informational A. Upcoming Meetings: • Tuesday, March 27, 2012 City Council 7:00 p.m. /City Hall • Thursday, April 12, 2012 Planning Commission 7:00 p.m. /City Hall • Tuesday, April 24, 2012 City Council 7:00 p.m. /City Hall B. Council Representative • Tuesday, March 27, 2012 — Commissioner Powell • Tuesday, April 24, 2012 — Commissioner Squyres XIII. Adjourn. ENCLOSURE City of Oak Park Heights Memo To: Planning Commission From: Julie Hultman L. Date: March 8, 2012 Re: Annual Meeting - Commissioner Terms and Officer Election I. Commissioner Terms: Jennifer Bye: Currently completing first full 3 -yr term, culminating May 31, 2012. Chuck Dougherty: Currently completing first full 3 -yr term, culminating May 31, 2013 Chuck LeRoux: Currently completing second full 3 -yr term, culminating May 31, 2012. Mark Powell: Currently completing first full 3 -yr term, culminating May 31, 2012. Dan Squyres: Currently completing first full 3 -yr term, culminating May 31, 2014. Members Bye and Powell have been contacted regarding the culmination of their first full terms on the Planning Commission and of their desire to seek appointment to a second 3 -year term. Commissioner Bye has expressed interest in seeking re- appointment to the Planning Commission for a second 3 -year term. Commissioner Powel has indicated that he shall not seek a reappointment Members LeRoux was also contacted regarding the culmination of his second full term on the Planning Commission and of his interest in seeking special order of the City Council for a term extension of one year. Commissioner LeRoux has indicated that he will seek special appointment extension of one year from the City Council as per Planning Commission Bylaws, Article 3, Section C, Terms that state: "The five members of the Planning Commission shall be appointed by the City Council. All such appointments shall initiate and be established by resolution of the City Council. The terms of each member shall be for three years with initial terms being staggered by the City Council resolution of appointment, unless extended by special order of the City Council for a period of one year; no member shall serve more than two consecutive terms on the Planning Commission." City of Oak Park Heights 11. Election of Chair and Vice Chair: Planning Commission Bylaws Article 4 Officers, Duties and Election of Officers, section D, which states: "Terms. The Planning Commission officers shall be elected from among its appointed members for the term of two years. No member shall serve as Chairperson or Vice - Chairperson for more than two consecutive terms. The election shall occur at the Planning Commission's annual meeting." Commissioner Bye and Commissioner LeRoux were elected Chair and Vice Chair respectfully at the March 11, 2010 Annual Meeting for a period of two years, running from March 2010 to March 2012. Per the Bylaws, Commissioner Bye and Commissioner LeRoux may be nominated and elected as Chair or Vice Chair. It should be noted that election of Chair LeRoux to either Chair or Vice Chair will only be effectuated in that the City Council approved the one year term extension and then he will only serve in such elected capacity until the annual meeting of March 2013. Recommendation: Based on the above understanding of reappointment interest, Staff recommends that the Planning Commission move to: Commission Terms 1. Recommend City Council reappointment of Commissioner Jennifer Bye, to a second 3- year term on the Planning Commission, beginning June 1, 2012 and expiring May 31, 2015. 2. Recommend City Council appoint Commissioner Chuck LeRoux to a special 1 -year extension term of the Planning Commission, beginning June 1, 2012 and expiring May 31, 2013. 3. Direct City staff to place advertisement for Planning Commission applicants in the City Newsletter and other local media venues with an application deadline of Friday, April 27, 2012. 5. Under New Business Set the date and time for applicant interviews prior to their regular meeting on Thursday, May 10, 2012 but no earlier than 6:00 p.m. Election of Chair and Vice Chair 6. Nominate and Vote to elect a Chair and Vice Chair for 2 year term periods, running from March 31, 2012 to March 31, 2014. • rt CITY OF OAK PARK HEIGHTS PLANNING COMMISSION BYLAWS ARTICLE 1 - ORIGIN AND POWERS A. Authorization. The City is authorized and empowered to establish a Planning Commission by the provisions of Minnesota State Statutes 462.354. B. Establishment. The Planning Commission was created in an advisory capacity by action of the Oak Park Heights City Council on April 14, 1998 by the adoption of Ordinance 210 and the amendment of Section 401, the Oak Park Heights Zoning Ordinance. ARTICLE 2 — DUTIES AND OBJECTIVES A. Advisory Capacity. The Planning Commission is designed to serve in an advisory capacity to the Oak Park Heights City Council. B. Objectives. The objectives of the Planning Commission are to make recommendations to the City Council which will guide the development of land, services and facilities within the City, so as to promote the public health, safety and general welfare. C. Public Hearings. The Planning Commission shall hold public hearings for variances, conditional use permits, subdivisions, PUD permits, and other applications to the City in accordance with the City Zoning Ordinance and shall make recommendations on said applications to the City Council. D. Special Public Hearings. The Planning Commission may hold such public information hearings as the City Council deems necessary and may make recommendations on applications for building permits or site plan review when requested by the City Council. ARTICLE 3 — MEMBERSHIP A. Voting Members. The Planning Commission shall consist of five citizen members who are eligible voters residing within the Oak Park Heights City limits and who are appointed by the City Council. B. Ex- Officio Members. There shall be a City Council person designated by the Mayor, with the consent of the City Council, to be a liaison to the Planning Commission. Such City Council person shall serve without voting power and in a capacity as ex- officio to the Planning Commission. The Mayor, with the consent of the City Council may also appoint non - voting, ex- officio members to represent other groups or organizations from the community. C. Terms. The five members of the Planning Commission shall be appointed by the City Council. All such appointments shall initiate and be established by resolution of the City Council. The term of each member shall be for three years with initial terms being staggered by the City Council resolution of appointment. Unless extended by special order of the City Council for a period of one year; no member shall serve more than two consecutive terms on the Planning Commission. D. Absenteeism. If any voting member fails to attend three consecutive meetings or a total of four meetings (or 25 percent) during the calendar year, the City Council shall be notified with a recommendation by the Planning Commission. Planning Commissioners shall notify the Chairperson or City staff when an absence is anticipated. E. Removal. Any member of the Planning Commission may be removed at any time by a four -fifths (4/5) vote of the City Council with or without cause. F. Compensation. Compensation of Planning Commission members as selected by the City Council shall serve without compensation except as otherwise established by resolution of the City Council. G. Training. The Chairperson and the City staff shall meet with each new Planning Commissioner to explain Planning Commission procedures. Within the first year of appointment, each new Planning Commissioner shall attend a Government Training Service, Planning Commission training session at City expense. H. Resignation. A member who wishes to resign shall submit a written resignation to the Chairperson, who shall in turn forward the same to the City Council. Vacancies. Vacancies occurring within the Planning Commission shall be filled for the balance of the appointment by the City Council. 2 ARTICLE 4 — OFFICERS, DUTIES AND ELECTION OF OFFICERS A. Officers. The officers of the Planning Commission shall be Chairperson and Vice - Chairperson. B. Duties of the Chairperson. The Chairperson shall preside at all meetings, appoint Planning Commission members to committees, appoint Planning Commission representatives, rule on procedural questions (subject to reversal by a two- thirds (2/3) vote of those members in attendance), meet with all newly appointed members, exercise the same voting rights as other Planning Commissioners and carry out such other duties as are assigned by the Planning Commission or by the City Council. C. Duties of the Vice - Chairperson. The Vice - Chairperson shall act in the absence or inability to act of the Chairperson, and in such instances shall have the powers and functions of the Chairperson. D. Terms. The Planning Commission officers shall be elected from among its appointed members for the term of two years. No member shall serve as Chairperson or Vice - Chairperson for more than two consecutive terms. The election shall occur at the Planning Commission's annual meeting. E. Vote. Candidates for office receiving a majority vote of the entire membership (three -fifths (3/5)), shall be declared duly elected. F. Date of Office. Newly elected officers shall take office at the annual meeting in March. G. Vacancies. Vacancies occurring in the offices of the Planning Commission shall be filled immediately by the above election procedure. ARTICLE 5 — MEETINGS A. Annual Meeting. An annual organizational meeting shall be held the second Thursday in March of each year. Election of officers shall be conducted at that time. B. Regular Meetings. Regular meetings of the Planning Commission shall be held at 7:00 PM on the Thursday immediately following the first regular City Council meeting of each month in the City Hall Council Chambers. The regular meeting date of the Planning Commission may be changed by resolution of the City Council. C. Special Meetings. Special meetings may be called at the discretion of the Chairperson, after consultation with City staff. 3 D. Notice of Meetings. Notice in writing of all regular and special Planning Commission meetings, setting forth the time, place and agenda of such meetings, shall be mailed by the City staff to all Planning Commission members at least five days in advance of each meeting. E. Site Investigation. Prior to each meeting, all Planning Commission members shall endeavor to visit any properties to be discussed at the meeting. F. Planning Commission Representative at City Council Meetings. Each Planning Commission member shall in turn represent the Planning Commission at regular City Council meetings. ARTICLE 6 — PRE - MEETING PROCEDURES A. Agenda. The agenda for each meeting of the Planning Commission shall be developed in writing by the City staff and shall be available at the City Hall prior to each meeting. B. Withdrawal. If a petitioner or applicant desires to withdraw a matter from an agenda, such request must be submitted to the City staff in writing, and if any public notice has been given, all persons appearing at the noticed hearing on said petition or application shall be entitled to be heard. ARTICLE 7 — PUBLIC HEARING PROCEDURE A. Time. The time of each public hearing shall be stated on the agenda, and no hearing may begin before this time. Each hearing shall begin as soon as possible after this time. B. Presentation. If a public hearing is required for a request by a petitioner, the petitioner or an appointed representative shall state the request, explain the proposal and answer questions of the Planning Commissioners. If no petitioner is involved, the Chairperson or the City staff member shall explain the purpose of the hearing. The Chairperson may impose reasonable restraint upon the number of times one individual may speak. C. Termination of Hearing. The Chairperson may close a public hearing after hearing those present who care to speak, or any member may move to continue the public hearing until a specified date. If a hearing on the petitioner's request is closed, the Planning Commission shall make a recommendation to the City Council within 30 days following the close of the hearing. If a hearing is continued, mailed notices of the continuation may be requested by any voting member. 4 ARTICLE 8 — MEETING PROCEDURES A. Rules of Order. Unless otherwise specifically designated, Roberts Rules of Order, as most recently revised, shall govern the meeting procedure. B. Quorum. A majority of the voting membership (three -fifths (3/5)) shall constitute a quorum for meeting purposes. C. Conflict of Interest. Whenever a Planning Commission member shall have a direct or indirect personal or financial interest in an application or petition before the Planning Commission, that member shall declare such interest and excuse himself /herself from the discussion and vote. D. Agenda. The order of business at regular meetings generally shall be as follows: 1. Call to order. 2. Roll call of members. 3. Approval of the minutes of the previous meeting. 4. Public hearings. 5. Informational hearings. 6. Old business. 7. New business. 8. Adjournment. E. Appearance of Petitioner. No application or petition shall be given final approval unless the applicant or petitioner appears personally or by representative at the hearing called thereon, or unless he /she makes satisfactory explanation or presentation in lieu thereof. F. Tabling. A tabling motion, if passed, has the effect of laying a matter over until the next regular meeting, unless otherwise specified. G. Reports. Any matter may be tabled for a technical report or study which the Planning Commission may make or request of the petitioner, the City staff, the City Attorney, the City Engineer or other sources. Such report shall be presented to the City staff for forwarding to the Planning Commission at least five days prior to the meeting at which said matter will be heard again. H. Non - Agenda Matters. No binding or final action may be taken on any matter not on the written agenda except by unanimous vote of the members in attendance or four -fifths (4/5) vote of the entire membership. 5 ARTICLE 9 — COMMITTEES A. Planning Commission Committees. The Planning Commission may establish committees of its own membership for a specific purpose and duration. B. Ad Hoc Committees. The Planning Commission may request that the City Council appoint other members of the community to Ad Hoc Commission committees, which may be created by the Planning Commission for a specific purpose and duration. At least one voting member of the Planning Commission also shall be appointed to each such committee. ARTICLE 10 — RECORDS A. Minutes. The City shall supply a secretary at all regular and special meetings of the Planning Commission who shall be responsible for taking full and complete minutes and record all such meetings. The City staff shall be responsible for keeping a record of all Planning Commission resolutions, transcriptions, minutes and findings. B. Open Meetings. All meetings shall be a matter of public record. Amended: February 8, 2011 S: \Planning \Bylaws\2011 -02 -08 Amended Planning Commission Bylaws.doc 6 ENCLOSURE 2 CITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING MINUTES Thursday, January 12, 2012 — Oak Park Heights City Hall Call to Order: Chair Bye called the meeting to order at 7:00 p.m. Present: Commissioners Dougherty and Powell; City Planner Richards, City Administrator Johnson and Commission Liaison Runk. Absent: Commissioner LeRoux, and Squyres. II. Approval of Agenda: Chair Bye, seconded by Commissioner Dougherty, moved to approve the Agenda as presented. Carried 3 - 0. III. Approval of November 10, 2011 Meeting Minutes: Commissioner Dougherty, seconded by Commissioner Powell, moved to approve the minutes as amended, correcting the street name from 59 to 58 in the first line of the 3 paragraph from the bottom of page 2. Carried 3 - 0. IV. Department /Commission Liaison / Other Reports: None. V. Visitors /Public Comment: None. VI. Public Hearings: A. Oak Park Sr. Living — Phase I: Planned Unit Development Amendment Related to the Construction of Oak Park Heights Senior Living — Phase I (Formerly Known As Oakgreen Village) Allowing A Change in the Approved Number of Townhome Units, Construction of Brownstone Sr. Living Buildings, An Increase To Allowable Building Height & Increase To Overall Density of Approximately 291 units for the Entire Oakgreen Village Development, Including All Phases of Oak Park Senior Living. City Planner Richards reviewed the January 5, 2012 planning report, noting that the City Council had reviewed the development request at their November 29 and December 13, 2011 meetings and that as a result of those reviews, the City Council was sending the proposal back to the Planning Commission for their review with respect to two new conditions to the project, located at Nova Scotia Ave. N. and 58 St., in that Building 4 of the project be reduced by one story and that the overall density of the development, including the existing townhomes and Oakgreen Commons not exceed 275 -291 dwelling units. Richards clarified that the purpose of the public hearing is to discuss the density conditions, that there have been no changes to the overall site plan, and that the appearance of the proposed buildings would be architecturally similar to one another. Chair Bye opened the public hearing at 7:30 p.m. and invited the applicant to speak. Tim Nolde of Oakgreen Villa LLC /Anchobaypro was present in the audience with project Engineer, Todd Erickson of Folz, Freeman, Erickson, Inc. and project Architect, Mike Diem of Archnet U.S.A. Mr. Nolde indicated that he had nothing new to add to the planners report and made himself, along with Mr. Erickson and Mr. Diem available for questions. Planning Commission Minutes January 12, 2012 Page 2 of 9 Chair Bye noted visitors to the audience and invited them to speak. Amy Brown —13898 56 St. N. stated that she found the public hearing notice language to be unclear as to what the public hearing is about and noted that the opening discussion of the public hearing did not clearly convey what has been approved, what is being sought for amendment and the difference between. For the public not following closely, she stated that she would like to see communications clearly what has been approved and what is being sought in the way of change, along with some history if it would be appropriate for understanding. Ms. Brown inquired as to Metropolitan Council status with respect to the May 2008 City approval to increase the density of the site. After a bit of clarification of Ms. Brown's inquiry, City Planner Richards responded that the high density approval in May of 2008 was approved by Metropolitan Council as part of the 2008 Comprehensive Plan Update. Ms. Brown inquired as to Fire Marshal review of the site for emergency vehicle accessibility, grading and drainage review, and asked for an update as to traffic counts for the area. City Planner Richards noted that he had not received comments of concern from the Fire Marshall and that there was access at Nova Scotia was discussed relative to emergency vehicle accessibility. He noted that the roadway accessibility was an item of any approval condition subject to review and approval of the Fire Marshal. Richards noted that the grading and drainage is also an item that is an approval condition that would be subject to the review and approval of the City Engineer. Richards noted that such approval conditions for these types of matters are typical. With respect to traffic, Richards indicated that the density is becoming lower, decreasing anticipated traffic for the area. City Administrator Johnson briefly discussed how the language of a Development Agreement would facilitate the concerns she has expressed toward accessibility, grading, drainage and traffic and offered to share a typical Development Agreement with anyone interested in viewing one to see the nature of its language placing conditions and/or restrictions upon a development. Ms. Brown concluded by stating that she would like to see a better transition between the businesses, townhouses and single family residential areas. Jim Kremer — 5475 Oakgreen Place N. expressed that he didn't feel anyone was opposed to senior housing in the area being discussed but felt that there were several issues that had not been adequately address or discussed. Mr. Kremer questioned whether or not there was a "need" for additional senior rental housing and what evidence is there that show such a need. He questioned what happens if senior rental housing is approved and the development constructed but then does not succeed. Planning Commission Minutes January 12, 2012 Page 3 of 9 Mr. Kremer expressed concern about the development being turned over to an open occupancy rental market, which he argued would create an even higher density in an area designed based on senior housing occupancy, noting that he feels that over time the area has been become incrementally denser. In closing, Mr. Kremer stated that he felt the number of units approved should be lower and suggested 250 as a possible number; that the area does not feel like a residential area design and should have setbacks, etc. to create a greater residential feel such as that within Boutwells Landings; and that there should be stiff penalties if the development goes from senior rental housing to something else so that the City residents would be protected. Starr Frost — 5555 Novak Ave. N. asked what the impact to the City would be if the development went from senior rental housing to something else and how the City would enforce senior housing occupancy. She asked if there has been any study done that shows how this development will affect the existing home values in the area and questioned whether the proposal was being thoroughly reviewed to ensure that it is meeting the City's existing requirements, adding that she felt the site needed a more residential feel and suggested that perhaps moving the corner building in could help create that. Ms. Frost sought a clarification of what was being considered "senior" noting the definition of Elderly (Senior Citizen) Housing within City Zoning Ordinance 401.02.B. Ms. Starr said that the distinction was important and needed to clear as it changes the criteria the development must meet. Richards reviewed the definition in the City Zoning Ordinance and clarified that 55 years of age is the definition of "senior" for the project, and that it is line with Minnesota Statutes for privately owned housing, which City Ordinance recognize. In conclusion, Ms. Starr asked what city residents get from continuing to allow change after change to the site. Mauritz Anderson — 13902 56 St. N. inquired as to the width of the streets to the interior of the development and questioned their suitability for emergency vehicles and busses. Noting his experience as a realtor, Mr. Anderson stated that he did not feel that a senior rental housing demand lined up with the current market. In conclusion Mr. Anderson stated that he did not feel that current property had been kept up well. City Planner Richards noted that the with the previous plan showing 350 units, the roadways were 28 -feet wide and allowed for parking on one side. Brief discussion ensued with the project engineer as to the issues of parking, accessibility and snow removal, wherein Richards suggested that further discussion may need to be had on the roadways in light of the issues discussed. Valessa Caspers — 13950 56 St. N. stated that she has noticed an increase in emergency vehicle traffic since the nursing home was constructed at Boutwells Landing and questioned if there had been any discussion on the increased traffic and sirens. Planning Commission Minutes January 12, 2012 Page 4 of 9 Ms. Caspers noted that she too felt the upkeep of the current property has not been good overall and would hope that it would be better in the years to come. She discussed several other areas of potential development near the site of discussion, which will have some affect to overall density of the area and potential roadway changes in the future among other potential changes that need to be considered when making decisions. She encouraged the Commission to consider potential issues to the future while making decisions for this corner today. Starr Frost — 5555 Novak Ave. N. stated her understanding that the proposed development had to go along with the City of Oak Park Heights overall idea that the City tries to put out there [for Tree City U.S.A.], questioned how high density fit in with the overall plan of Tree City, stated that she felt the trees along the area were miniscule and that she didn't think that the proposal fit in with the residential Tree City theme that Oak Park Heights seems to like to put out. Amy Brown — 13898 56 St. N. stated that she didn't feel like people really knew what was happening when the Oak Park Commons building was being constructed and went from a 2- story building to a 4 -story building. Ms. Brown stated that she is taken back by representation of the Planning Commission and the City Council thinking that this project is in the best interest of the community and reiterated that she found that the public hearing notices did not make sense. Ms. Brown expressed that she felt the representatives should be thinking about those they are representing. City Planner Richards noted that written comment was received from Tom and Janice Greene — 5845 Oakgreen Ct. N. and Dick and Judy Tunender — 5843 Oakgreen Place N. and read them aloud, making them part of the public hearing comment record, expressing concerns about area impact including, traffic increase, change in area appearance, potential changes to the frontage road should the bridge project advance, access to Hwy. 36 for residents in the area and increased traffic congestion, and the impact of the development upon property to the SE of it at Oakgreen Ave., density, and what will happen to the development if senior housing rental does not work out. Chair Bye closed the public hearing at 8:02 p.m. and asked the Commission for comment. Discussion ensued as to the matters of density approvals, Metropolitan Council review and Comprehensive Plan amendment, and planned use of green space shown on the site plan. Commissioner Dougherty, seconded by Chair Bye, moved to inform the City Council that the Planning Commission is comfortable with the density plan as presented and recommend City Council approval, subject to the conditions within the January 5, 2012 planning report, specifically that: 1. The third story on Building 4 shall be eliminated. Only two stories of dwelling units shall be allowed for Building 4. Planning Commission Minutes January 12, 2012 Page 5 of 9 2. The overall density of the development, including the existing townhomes and Oakgreen Commons shall not exceed 275 to 291 dwelling units. Carried 2 — 1, Powell opposed. B. Oak Park Sr. Living — Phase II: Planned Unit Development Amendment Related to the Construction of Oak Park Heights Senior Living — Phase II (Formerly Known as Carriage House Co -op) To Increase Building Height & Density to a Total of 62 units. City Planner Richards reviewed the January 5, 2012 planning report, reviewing recent requests and approval to the project and that noted that, as with the previous public hearing, the matter was being sent back to the Planning Commission by the City Council for additional review as to their conditions of eliminating the third story on Building 4 and reducing the overall density of the development, including the existing townhomes and Oakgreen Commons so that it shall not exceed 275 -291 units. Richards noted that density of Building 4 would be reduced from 96 to 62 with this request. Discussion ensued among the Commission as to sidewalks, pedestrian connections and setback issues. Todd Erickson — Folz, Freeman, Erickson, Inc. discussed the issues of building setback and story removal in relation to comment and direction received from the Planning Commission and the City Council. He stated that he felt the proposed building, which is to be about 28' tall, should fit in nicely and have a nice boulevard feel and discussed the planned private sidewalks to the lower level units to connect to the public sidewalk at Oakgreen Ave. Mr. Erickson discussed improvements made by the developer to the site overall and responded to City Administrator Johnson's inquiry as to the possibility of moving the building around to allow more green space at the corner and other possibilities of finding some common ground toward concerns for the corner. Chair Bye opened the public hearing at 8:27 p.m., and invited public comment. Valessa Caspers — 13950 56 St. N. discussed some of the noted green areas to the site plan and stated that she would like to encourage some of Building 4's density relocated to some of those green space areas that do not appear to beneficial as green space. • Ms. Caspers questioned whether it was possible to delay the approval of this phase, for the building, until a later time such as a year or two to see how things fill out with the economy. Discussion ensued as to Ms. Casper's inquiry as to the'possibility of delaying approval of Phase II, wherein it was noted that the phases I and II are two separate applications and that one could be approved and another denied. It was clarified for the record that the Planning Commission is a recommending body and that any recommendation they make to the City Council would certainly be considered, but that ultimately it was the City Council that makes the decision. City Administrator Johnson clarified that the Commission should provide comments that they would recommend the City Council consider in the form of a motion. Planning Commission Minutes January 12, 2012 Page 6 of 9 Mauritz Anderson — 13902 56 St. N. inquired as to the proximity of the building setbacks to Oakgreen Avenue, expressing his concern that the building was very close to Oakgreen Avenue, and commented that the houses on Oakgreen Avenue looked okay until it was determined that they would be removed. City Administrator Johnson discussed some of the conditions that existed with the houses that were on Oakgreen Ave. prior to being removed, nothing that while some of them were very nice looking, others did have substandard conditions that were not necessarily visible from the exterior, including mold. Chair Bye closed the public hearing at 8:35 p.m. and asked the Commission for comment wherein brief discussion ensued as to how to structure the recommendation motion to City Council. Commissioner Dougherty, seconded by Commissioner Powell, moved to inform the City Council that the Planning Commission is comfortable with the density change in Building 4 from 96 to 62 dwelling units and recommend City Council approval subject to the amended conditions within the January 5, planning report, specifically: 1. The third story on Building 4 shall be eliminated. Only two stories of dwelling units will be allowed for Building 4. 2. The overall density of the development, including the existing townhomes and Oakgreen Commons shall not exceed 275 to 291 dwelling units. 3. That City Council review the phasing of the development overall, and at Phase II in lieu of 55 years and older, senior rental housing market concerns. 4. That City Council review the setback for Building 4 at Oakgreen Avenue and consider requiring it be equal to that of the setback established for Oakgreen Commons, which has already been constructed. Commissioner Powell stated that he would like to see a scaled drawing for the site, noting that the number of dwelling units for each building and their footprints was confusing the way shown. Discussion ensued, wherein project architect, Mike Diem discussed the different building configurations and footprints. Mr. Diem also shared a perspective image he prepared illustrating how the site would appear with the proposed setback and reduced story and discussed the residential feel created by the design and the private lower level sidewalks tying into the public sidewalk. Planning Commission Minutes January 12, 2012 Page 7 of 9 There being no additional discussion, Chair Bye asked Commissioner Dougherty to review the motion he made, which was seconded by Commissioner Powell. Commissioner Dougherty repeated his earlier motion, which was again seconded by Commissioner Powell. The original motion as repeated carried 3 — 0. City Administrator Johnson clarified that the proposal includes phasing plans and discussed potential actions the City Council could take based on the Planning Commission's recommendation relative to phasing. C. New Horizon Academy: Planned Unit Development Amendment and Sign Variance Related to Proposed New Horizon Academy Child Care Facility, to be located at 5903 Neal Ave. N. City Planner Richards reviewed the January 4, 2012 planning report relative the request, noting that the request for planned unit development amendment is due to the retail area, Oak Park Ponds, where the site is to be located in the former Hollywood Video location, having been constructed under a Planned Unit Development. The sign variance is being requested to allow one additional sign beyond the two that is allowed by City Ordinance. Richards noted that there is no change proposed to the existing building footprint and that the interior and exterior is to be updated to accommodate the child care center, with an addition of a playground to the east side of the building. Chair Bye opened the public hearing at 8:56 p.m. and invited the applicant to speak. Peter Hilger of Rylaur, LLC. introduced himself as the architect to the project, representing New Horizon Academy. He noted that also had a couple of representatives from New Horizon Academy with him to address questions. Mr. Hilger addressed the statement within the planning report that the location would not offer school age programs, discussing the licensing for the site and clarifying that the New Horizon Academy reserves the option to provide school age programs if deemed appropriate. Mr. Hilger addressed the planning report condition requiring all visible interior lighting fixtures to be full cut off. Discussion ensued as to the condition, the site having a large amount of glass through which lighting will be visible, the definition of full cut off to mean that that the light source shall not extend beyond the shield of the light fixture and that full 90- degree angle are required to meet full cut off compliance. Mr. Hilger discussed some of the changes planned to the building exterior, including an EIFS (Exterior Insulation Finishing System) finish and inquired about who would served as the appropriate shopping center owner representative to comply with condition 1 of the planning report. City Administrator Johnson addressed the inquiry and discussed how ownership consent could be facilitated at such time permit is applied for work at the site. Planning Commission Minutes January 12, 2012 Page 8 of 9 Mr. Hilger presented a materials board to the Commission and discussed with them the materials and colors selection, plans for a canopy from the door area at northern side of the East elevation to allow weather protection coverage from the parking area into the building. He discussed the proposed locations of the signs and the rational for their placement. He clarified that the signs are LED illuminated channel letters and are not boxed signs with a white background. City Administrator Johnson revisited the requirement of full cut off lighting, noting that the exterior wall pack fixture, shown on enclosure 13 of the packet, did not appear to meet compliance. Johnson encouraged the applicant to provide a fixture sample to the City prior to installation to verify compliance. Mr. Hilger was noticed that non - compliant fixtures would require replacement. City Planner Richards reviewed and discussed the conditions within the planning report. In response to condition 9, Mr. Hilger described the type of storage shed they were proposing to use at the site. City Planner Richards noted that a storage structure less than 120 square feet in size would not require a building permit and could be approved administratively and as such not subject to the design guideline standards material wise. He noted that the shed color would have to be complimentary to the building and suggested that the applicant provide a picture of the shed they propose for review. Commissioner Powell questioned the safety of the proposed outside water fountain. Mr. Hilger noted that this very low fountain would be situated within the fenced area, which would be locked. Commissioner Powell, seconded by Commissioner Dougherty, moved to recommend City Council approval subject to the amended conditions within the January 4, planning report, specifically: 1. A representative of the shopping center owner shall provide written consent to the City for the changes that will occur to the parking lot on the shopping center property. 2. The City Engineer shall review the parking analysis and comment on any potential impacts to the street system. 3. The sign specifications and methods of illumination shall be subject to review and approval of the City Planner at the time of permitting. 4. All lighting fixtures shall be full cut off and installed in compliance with the lighting standards of the Zoning Ordinance. All visible interior lighting shall also be full cut off. The lighting specifications shall be subject to review and approval of the City Planner at the time of permitting. 5. The applicant shall implement sustainability initiatives to the site where appropriate. 6. Mechanical equipment that is located on the roof and visible from street level or from neighborhood properties shall be screened with materials that blend harmoniously with the building facade materials. Planning Commission Minutes January 12, 2012 Page 9 of 9 7. The applicant shall provide details for the storage structure subject to review of the City Council. The proposed storage structure shall comply with applicable City Ordinances. 8. The grading, drainage and utility plans shall be subject to the review and approval of the City Engineer and the applicable watershed district. 9. A bike rack shall be added at the front entrance of the building. 10. The landscape plans are subject to review and approval of the City Arborist. Carried 3 — 0. VII. New Business: A. 2012 Meeting & Commission Representation Schedule. Commissioner Powell, seconded by Commissioner Dougherty moved to approve the 2012 Planning Commission Meeting and Representation scheduled. Carried 3 — 0. VIII. Old Business: None. IX. Informational: A. Upcoming Meetings: • Tuesday, January 31, 2012 City Council 7:00 p.m. /City Hall • Thursday, February 9, 2012 Planning Commission 7:00 p.m. /City Hall • Tuesday, February 28, 2012 City Council 7:00 p.m. /City Hall B. Council Representative: • Tuesday, January 31, 2012 — Commissioner Dougherty • Tuesday, February 28, 2012 — Commissioner LeRoux X. Adjourn: Commissioner Powell, seconded by Commissioner Dougherty, moved to adjourn the meeting at 9:22 p.m. Carried 3 — 0. Respectfully submitted, Julie Hultman Planning & Code Enforcement Officer Approved by the Planning Commission: TPC 3601 Thurston Avenue N, Suite 100 ENCLOSURE 3 Anoka, MN 55303 Phone: 763.231 .5840 Facsimile: 763.42 7.0520 TPCQPIanningCo.com PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: March 8, 2012 RE: Oak Park Heights — Stillwater Motors — Conditional Use Permit Amendment and Design Guidelines Review — 5900 Stillwater Blvd North TPC FILE: 236.02 — 12.01 BACKGROUND Daniel Raduenz, representing Raduenz Dealership Properties LLC has made application for improvements at the Stillwater Motors dealership located at 5900 Stillwater Blvd North. The application includes requests for a Conditional Use Permit amendment and Design Guidelines review. The Conditional Use Permit amendment is requested to allow for an extension of the timeline for required improvements to the dealership. The Design Guidelines review is required to allow retrofit of the building to be consistent with the current banded image of Chevrolet. In July 2008, the City Council approved the Conditional Use Permit to allow for an extension of timelines for the improvements to August 31, 2013. That was an extension, originally approved in 2005, to allow the deferment of required improvements related to parking setbacks, lighting, curbs and stormwater drainage systems, in the northeast and southeast corners of the site. The 2008 resolution and permit are found as Exhibit 7 to this report. EXHIBITS The review is based upon the following submittals: Exhibit 1: Project Narrative — February 8, 2012 Exhibit 2: Site Plan (A1) Exhibit 3: Elevation Plans (A2) Exhibit 4: Proposed Elevation Perspective Exhibit 5: Sign Plan(A3) Exhibit 6: Pictures of Existing Elevations Exhibit 7: Resolution and Conditional Use Permit — July 22, 2008 PROJECT DESCRIPTION DJ Raduenz has submitted a project narrative with the following statement regarding the request for the conditional use permit amendment and the site plan and Design Guidelines review: "1. A request to modify the exterior look of Stillwater Motors, to be in compliance with the current branded image of Chevrolet, and 2. A request to defer the deadline for upgrading the curbing and lighting improvements, and 3. Stillwater Motors has been a vital part of the St. Croix Valley for the past 90 years and at our present site in Oak Park Heights for the past 39 years. We have enjoyed our relationship with the community and look forward to a long relationship into the future. Chevrolet has developed a corporate brand that they would like incorporated into each and every one of their stores. This involves some significant changes to both the interior and exterior of the store. At this time, we respectfully request your assistance in reviewing and approving the attached modifications, as presented." The applicant has provided a perspective diagram and elevations that provides the new plans for the exterior of the store. With this request, there are also changes to the wall signage that have been proposed. There would be no changes to the site plan, driveways, parking lots, lighting, landscaping or freestanding signs with this request. Stillwater Motors was originally constructed within Baytown Township. Many of the Zoning performance standards of the Township, especially related to parking setbacks, lighting, curbs and stormwater drainage systems were different from what the City required. Now that the dealership is within the City, the City Council over the years has been working with the ownership to make the necessary improvements so that the site will eventually be consistent with the City requirements. In 2008, the City Council granted a five year extension to August 31, 2013 for the improvements to the parking setbacks, lighting, curbs and stormwater drainage systems. With the added expense to update the look of the dealership, the applicant has again requested that a deferment be granted for these site improvements for an additional five years to August 31, 2018. ISSUES ANALYSIS Comprehensive Plan. The property is designated as Commercial on the Proposed Land Use Map. Stillwater Motors is consistent with this land use designation. 2 Zoning. The property is zoned B -3 Highway Business and Warehouse District. Automobile dealerships are a listed conditional use permit in this district. Stillwater Motors has been operating under a conditional use permit and any significant changes to the site or the previous conditions of approval require an amended conditional use permit. The applicant has asked to change the timeline for the required site improvements to August 31, 2018, thus requiring the amended conditional use permit. Access. There are no changes to the access points of this dealership proposed with these improvements. Parking. There are no changes to the parking lot proposed with these improvements. Grading /Drainage /Utilities. Grading, drainage and utilities are not being changed with this request. Lighting and Landscaping. There are no changes to the lighting or landscaping proposed with these improvements. Signage. The original approvals for a variance to wall signs were granted on July 26, 2005. The dealership is allowed 10 wall signs and three pylon signs. The site was approved with a total of 655 square feet of signage and that is what exists today. The site plans indicate minor changes to the signage for the dealership as part of the exterior improvements. The plans show that the Stillwater Motors sign over the main entrance on the south elevation to be changed to read Chevrolet. The total square footage of the new sign is approximately one square foot Tess than the existing sign. A new sign totaling 78 square feet is proposed on the south elevation and will read Stillwater Motors. This will bring the total signage up to the allowable 10 wall signs but increase the total signage over the allowed 655 square feet. The applicants will need to remove at 78 square feet of signage elsewhere if they want to place the Stillwater Motors sign on the south elevation. There are no changes proposed to the existing pylon signs. Design Guidelines. The provisions of the Design Guidelines are found in italics followed by Staff comment. Sustainable Guidelines. For private sector developments and redevelopment, the City shall encourage and promote the application of sustainable development practices. Comment: The applicant will need to discuss whether sustainable products or systems have been incorporated in the plans for the remodel with the Planning Commission. 3 Architectural Guidelines. Facade Treatments Defined Base, Middle and Top Buildings should have a well- defined base, middle and top. The base or ground floor should appear visually distinct from the upper stories through the use of a change in building materials, window shape or size, an intermediate cornice line, an awning, arcade or portico or similar techniques. Comment: On the front or southeast elevation the revised design does not feature a well defined middle or top. The existing building features a base element with a strong definition of the middle and top defined by the entrance canopy. The front entrance of the new building is less defined and Tacks visual interest. On the other elevations, the proposed design does provide design elements to separate the building facades, but a strong top element is missing in most cases. Distinct Modules The primary fagade(s) of buildings should be articulated into smaller increments of no more than 30 feet in width through the use of different textures, division into storefronts with separate display windows, ornamental features such as arcades or awnings, or by division of the building mass into several small segments. Comment: Through the use of differing materials, windows, colors and textures to wall surfaces, all of the facades are broken into smaller increments. Entries The main entry must always face the primary street, or access roadway at sidewalk grade. Comment: The primary entry faces Stillwater Boulevard. The entry is not being changed with this remodel. Awnings Where awnings are used, canvas or fabric awnings are preferred. Awnings should closely complement the building's architectural character and aesthetics. Internally illuminated awnings are prohibited. Comment: There is an existing metal canopy at the front entrance that will be repainted. The canopy is now a different color than the building behind it which helps define the main entrance. On the proposed design, the canopy and the building behind it will all be painted the same Chevrolet blue color. Ground Level Expression Ground level expression refers to the way in which a building meets the street. Methods should be use to distinguish the ground floor of a building from upper floors, such as 4 creating an intermediate cornice line, using different building materials or detailing, and using awnings, trellises or arcades. Windows and clear entrances may also be used to enhance a building's appearance on the street, and may be further augmented by pocket parks, outdoor cafe seating and plantings adjacent to the front facade. Comment: The building currently has good ground level expression that will be carried over to the new design. The front currently has outdoor seating areas. The applicant should clarify if that will remain with the new design. Transparency — Window &Door Openings Window and Door Design • Windows should be designed with recessed openings to create a strong rhythm of light and shadow. • Mirrored glass or glass block should not be used on street - facing facades. Glazing in windows and doors should be clear or slightly tinted, allowing views into and out of the interior. • Window shape, size and patterns should emphasize the intended organization of the facade and the definition of the building. • Display windows of at least 3 feet deep may be use to meet these requirements, but no windows located above eye level. Comment: The window openings would remain, but the dark bronze window mullions would be replaced with clear mullions. The clear mullions would not be as visible, especially from the adjacent roadways. The result may be large window expanses without the definition visible mullions would provide. Level of Transparency Where commercial or office uses are found on the ground floor, at least 20 percent of the ground floor primary (street- facing or access roadway) facade and 15 percent of each side or rear facade shall consist of window and door openings designed as specified above. Note that spandrel glass may be use on the up to half of the window and door surfaces on any building facade. Comment: The latest remodel of this building occurred before the most recent Design Guidelines were put in effect. For the most part, the window openings are not being changed. It appears as though the upper window above the main entrance is being reduced in size. The applicant should clarify. Entries Primary building entrances on all buildings should face the primary abutting public street, access roadway or walkway, or link to that street by clearly defined and visible walkway or courtyard. Additional secondary entrances may be oriented to a secondary street of parking area. In the case of a corner building or a building abutting more than one street, the street with the higher classification shall be considered primary. 5 The main entrance should be place at sidewalk grade. Entries shall be designed with one or more of the following: • Canopy, portico, overhang, arcade or arch above the entrance. • Recesses or projections in the building facade surrounding the entrance. • Peaked roof or raised parapet over the door. • Display windows surrounding the entrance. • Architectural detailing such as tile work or ornamental moldings. • Permanent planters or window boxes for landscaping. Comment: The existing main entrance on the southeast elevation will remain in place. The existing entrance is facing the primary roadway. The new design will feature new prefinished blue metal panels and the canopy to match. The entrance will not be as well defined and not as easy to differentiate from other wall surfaces. Roof Design Roof Design A building's roofline can establish its individuality and interest within the context of commercial or industrial areas, and variety in rooflines from building to building can add visual interest to mixed -use and residential areas. Some suggested techniques that add interest include varying heights and cornices within an otherwise unified design scheme, using roofline changes to note entrances or commercial bays, and establishing rooflines at street corners. Comment: The buildings roofline will not be changed with this remodel. Rooftop Equipment All rooftop equipment shall be screened from view from across adjacent properties, adjacent streets and pedestrian views from adjacent sidewalks. • If the building rooftop equipment is screened by the building's parapet, the parapet must meet building height limits. • Rooftop equipment shall be set back from any primary facade that fronts a public street a distance equal to at least 1 % times its height. No enclosure shall be larger than 25 percent of the roof area. • Screens shall be of durable, permanent materials (not including wood) that are compatible with the primary building materials in quality and color. Comment: The plans do not indicate any changes to the locations of rooftop equipment or the screening of the mechanical units. The applicant should comment. Building Materials and Colors All Districts Building Colors Building colors should accent, blend with, or complement the surroundings. Principal building colors should generally consist of neutral or muted colors with low reflectance. 6 "Warm- toned" colors are encouraged because of their year -round appeal. No more than three principal colors should be used on a fagade or individual storefront. Bright or primary colors are acceptable when determined through the design and review process to be appropriate for the site and building use. Comment: The current building features "warm toned" colors in browns and creams that are generally neutral and compatible with most of the new development within the City. The proposed Chevrolet blue, silver and white colors are at odds with this provision and are not consistent with new construction or redevelopment of buildings within the City since these Design Guidelines were adopted in 2010. Commercial Districts Building Materials All buildings should be constructed of high - quality materials: • The primary building materials should cover at least 60 percent of the fagade. The materials must be integrally colored and may consist of brick, natural stone, precast concrete units, architectural precast concrete panels or glass. Secondary building materials should cover no more than 30 percent of the facade and may consist of decorative block, fiber cement board, stucco or EFIS. • Accent materials may be used on up to 10 percent of any of the building's facades. These materials may include door and window frames, lintels, cornices, architectural metalwork, glass block, copper flashing or similar materials. • Roof materials that are acceptable include prefinished metal with a flat standing seam, untreated copper, slate and asphalt. Comment: The use of the metal panels on the front or southeast facade, the south facade and the east facade is not consistent with the provisions for primary building materials. Much of the new construction within the City has featured brick and glass as the primary building materials with decorative block and EFIS as secondary materials. The building as it exists is not in conformance but has been grandfathered in that it was constructed prior to the current Design Guidelines. Any significant change to the exterior of a building would now need to conform to these Guidelines. The proposed design and material selection would not be consistent. Prohibited Materials Unadorned, plain or painted concrete block. Unadorned, precast concrete panels. Aluminum, vinyl, fiberglass, asphalt or fiberboard (masonite) siding. • Building color wraps or neon as a building accent. Comment: The applicant should clarify the material to be used for the metal panels. 7 Franchise Architecture Franchise establishments typically desire a specific architectural motif in order to emphasize consistency in their network and attract regular customers. In many cases, this standardized architecture conflicts with a unique regional architecture and character desired for the community. There are ways, however, of incorporating the franchise's desire signage and even some building treatments, while still encouraging the basic principles of commercial building design listed above. Franchises or national chains should follow these guidelines to create context - sensitive buildings that are sustainable and reusable. Drive - through canopies and accessory structures, when required, shall be constructed of the same materials as the primary building, with the same level of architectural quality and detailing. Comment: The use of the metal panels and the change to the corporate colors is an attempt by General Motors to standardize the appearance of its Chevrolet dealerships. Other franchises have constructed buildings in Oak Park Heights in recent years and under the current Design Guidelines. In all cases these designs have been approved in that there was an attempt to comply with the provisions of the Guidelines. The selected materials, the colors and the design is proposed so that this dealership will look like all the other Chevrolet dealerships. There has been no attempt to provide consistency with the Guidelines. Site Design Guidelines. Building PlacementlSite Planning Comment: No changes proposed as part of this application. Parking Areas /Screening Comment: No changes proposed as part of this application. Stormwater Treatments Comment: No changes proposed as part of this application. Pedestrian & Common Space Comment: No changes proposed as part of this application. Landscaping, Trees & Site Improvements Comment: No changes proposed as part of this application. 8 Location & Screening of Utilities, Service, Loading, Drive - through & Storage Areas Comment: No changes proposed as part of this application. Lighting Comment: The existing show box style wall mounted fixtures will remain on the building. Signage Comment: The plans for signage are addressed elsewhere in this report. The proposed signs should meet the Design Guideline standards. Pedestrian /Bicycle Routes Comment: No changes proposed as part of this application. CONCLUSION / RECOMMENDATION Based upon the preceding review, Staff would recommend that the Planning Commission favorably consider the request for the timeline extension with the conditions listed below. Further, it is recommended that the proposed exterior remodel be denied in that it is not consistent with the Design Guidelines. The existing building was constructed prior to the adoption of the most recent Design Standards approved in 2010. That building as it exists is grandfathered. Any remodel of the exterior of a building shall be brought into conformance with the Design Guidelines as currently in effect. If the Planning Commission concurs with Staff, a list of findings of why the proposal is not in conformance will be created and incorporated into the Planning Commission resolution. City Staff would recommend the Conditional Use Permit Amendment be approved with the following conditions. 1. All parking setbacks, curbs and stormwater drainage systems, in the northeast and southeast corners of the site, shall be constructed and brought into compliance with the Zoning Regulations no later than August 31, 2018. 2. All other conditions approved on July 22, 2008 by the City Council in Resolution 08 -07 -31 and recorded with the Conditional Use Permit and Variance for Raduenz Dealership Properties LLC shall remain in effect. 9 S te le atizteit MOTORS.com EXHIBIT 1 CHEVROLET =0= BUICK • FAMILY OWNED SINCE 1922 • 5900 Stillwater Boulevard North • P.O. Box 337 Stillwater, Minnesota 55082 February 8, 2012 Dr. Eric A. Johnson, AICP City Administrator City of Oak Park Heights 14168 Oak Park Blvd. N Box 2007 Oak Park Heights, MN 55082 Re: Stillwater Motors Conditional Use Permit Mr. Johnson: Please find, attached, our application for an amended Conditional Use permit. At this time, we respectfully request the following items be considered for an amended Conditional Use for Stillwater Motors; 1. A request to modify the exterior look of Stillwater Motors, to be in compliance with the current branded image of Chevrolet, and 2. A request to defer the deadline for upgrading the curbing and lighting improvements. 3. Project Narrative: Stillwater Motors has been a vital part of the St. Croix Valley for the past 90 years and at our present site in Oak Park Heights for the past 39 years. We have enjoyed our relationship with the community and look forward to a long relationship into the future. Chevrolet has developed a corporate brand that they would like incorporated into each and every one of their stores. This involves some significant changes to both the interior and exterior of the store. At this time, we respectfully request your assistance in reviewing and approving the attached modifications, as presented. Please let me know if there is any additional information that you might need to review this request. /rat_ /-- Daniel . uenz Attachments: 2 Full Size Site Plans 2 Building Elevations 1 Disk (Site Plan, Elevations, Color Rendering) CUP Application Address Labels Tax Statement Check for $1,400.00 RECEIVED FEB 08 /012 SERVICE & PARTS OPEN 6 DAYS WEEK COLLISION REPAIR CENTER EXHIBIT 2 . , . / I POND . 8 . • .."'"...., .. . 8 _ I - 1 - 7 .,..\.. , \\ x -------) I =_ 1 _ , — \\..• \‘‘. . \. .4.,,..v... ;•,v.. • „. \\. 1 ,,,, , . .../, •. , \ , , . ,\ , \ $..:, e,,, • / .— \ , NI; - . , \ ) v I : \\.` \ : \ _ . . 1 • . till, & \ ' / / [ ,. // lel Ce Z 0 ''' Ne • }— ,- \ ,- i' > / 0 I— ,,, =\''' LI X.'' S' ':',Z* ''' / 2. / 4:1, Ce ra LLI = //' / / , , ,'-' ' 4; \ i— < ce k• 's • g P 0 GENERAL NOTES: VI ' . • .S -'''' : - ''•'' ---''' ( ('''' • ' ' / '' ')Y ) .., . . . „.) A. . , / SITE PLAN NOTES: , . A A,,/ • , / . -./ CITY REVIEW NOTES g / 1' , . .-W SCHEDULE OF DRAWINGS ......... 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H- WEST FACADE J- SOUTHWEST FACADE K- SOUTH FACADE EXHIBIT RESOLUTION NO. 08 -07 -31 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 RADUENZ DEALERSHIP PROPERTIES LLC FOR AN AMENDED CONDITIONAL USE PERMIT RELATED TO EXTENDING THE TIMELINES FOR CONSTRUCTION OF IMPROVEMENTS AT STILLWATER MOTORS LOCATED AT 5900 STILLWATER BOULEVARD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Raduenz Dealership Properties LLC for an amended conditional use permit related to extending the timelines for construction of improvements at Stillwater Motors located at 5900 Stillwater Boulevard; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the application be approved with conditions. The City Council of the City of Oak Park Heights 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: SEE ATTACHMENT B and 3. The subject site is zoned B -3, Highway Business District in which open and outdoor sales are a listed conditional use; and 4. A conditional use permit was approved by the City Council on July 26, 2005 which included a timeline for completion of parking setbacks, curbs and stormwater drainage systems; and 5. Said timeline specified a three and five year phasing of the improvements 10 in which the first phase was to be completed in 2008; and 6. The applicant has requested an extension of both phases for an additional five years; and 10 7. City staff prepared a planning report dated June 27, 2008 reviewing the request; and 8. The planning report dated June 27, 2008 recommended that the request be approved with a revised condition; and 9. The Planning Commission held a public hearing at their July 10, 2008 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved with a revised condition. 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 Raduenz Dealership Properties LLC for an amended conditional use permit related to extending the timelines for construction of improvements at Stillwater Motors located at 5900 Stillwater Boulevard 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 with the following revised condition: 1. All parking setbacks, curbs and stormwater drainage systems, in the northeast and southeast corners of the site, shall be constructed and brought into compliance with the Zoning Ordinance regulations no later than August 31, 2013. And the conditions from the July 26, 2005 conditional use permit as follows: 2. Revisions to the landscape plan showing shade trees along 59 Street, the frontage to Hwy 5, and in appropriate places around the parking area are approved in concept. Final revisions to the landscape plan shall be reviewed and approved by the City Arborist. 3. The grading, drainage and utility plans shall be subject to the review and approval of the City Engineer and the Browns Creek Watershed District. 4. Customer, employee, and display parking shall be delineated on the site plan and all customer parking stalls shall be appropriately signed. 5. Detailed plans and completely labeled building elevations shall be resubmitted to the City to show all building materials and colors. A materials board shall be submitted for the City Council review. 6. A detailed photometric plan showing lot perimeter and street centerline foot candles • compliant to City Code shall be provided. All lighting shall be installed or retrofitted to be in compliance with the lighting standards of the Zoning Ordinance. 2 7. An approval of the sign variance allowing a total of ten wall signs and eliminating the two 32 square foot "showroom" signs as proposed on the building elevations. The applicant shall provide an accurate rendering of all wall signs for review and approval of the City Council. The City Council approves the overall number and square footage of allowable wall signage for the project. 8. The applicant shall remove the large pylon sign at the northwest corner of the site and all checkered banners prior to issuance of a certificate of occupancy for the remodeled building. 9. The materials utilized for the proposed trash enclosure shall be the same materials used on the building. 10. All automobile repair activities shall be limited to within the principal structure and the doors to the service bays shall be kept closed except when vehicles are being moved in or out of service areas. 11. There shall be no exterior storage of automobile parts or related items on the site. All parts storage shall be internal to the building. The applicant shall provide a site plan indicating the location of the fenced car storage area and fencing details subject to review and approval of City staff. Any cars under repair that are to be stored outline of the building shall be parked within said fenced car storage area. 10 12. All noise created from operations on the site shall be in conformance with Section 401.15.B.11 of the Zoning Ordinance. 13. The outdoor paging system shall be replaced with a personal communication system that is non - audible beyond the property lines. 14. The applicant shall receive and retain, if required, a Hazardous Waste Generators License from Washington County for the Stillwater Motors operation. Approved by the City Council of the City of Oak Par . eights •: 2 " day of July 2008. i ttff,,& / ./ ►. 'Ts - 1 , 07 Mayor ATTES I Eric A. J r n, City Administrator II 3 ATTACHMENT A Amended Conditional Use Permit For Raduenz Dealership Properties, LLC DB /A Stillwater Motor Company Amending Conditions of July 26, 200 CUP Physical Address: 5900 Stillwater Boulevard N. Washington County GEO Codes: 06- 029 -20 -12 -0004 06- 029 -20 -12 -0014 Legal Description: Lot 1, Block 1, Kern Center • ATTACHMENT B Amended Conditional Use Permit For Raduenz Dealership Properties, LLC D/B/A Stillwater Motor Company Amending Conditions of July 26, 200 CUP Application Materials • Application Form • Fees • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (350'/150' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s) /Legal Description(s) 10 Planning Commission Public Hearing: July 10, 2008 Required Approvals: CUP City Council 4/5 Conditional Use Permit - Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b) CITY OF OAK PARK HEIGHTS CONDITIONAL USE PERMIT AND VARIANCE FOR RADUENZ DEALERSHIP PROPERTIES LLC File No.: 798:02 -05.06 Date Issued: July 26.2005 Legal Description: (Washington County Geo. Code 06.029.20.12.0004) See Attached Exhibit "A" Owner: Raduenz Dealership Properties LLC Address: 5900 Stillwater Blvd. Stillwater, MN 55082 Site Address: 5900 Stillwater Blvd. Oak Park Heights, MN 55082 Present Zoning District B -3 Highway Business District Permitted uses set forth in Ordinance 4Q1 Section 401 .300 I. CONDITIONAL USE PERMIT: A conditional use permit has been issued to allow for the expansion of the existing building (57,980 sq ft) and parking lot expansion to replace parking stalls lost to the building expansion. Also issued is a variance for wall signage All uses shall be subject to the following conditions and/or restrictions imposed by the July 26, 2005 Resolution of the City Council of the City of Oak Park Heights as follows: All parking setbacks, curbs and stormwater drainage systems shall be constructed and brought into compliance with the Zoning Ordinance regulations in accordance with the three and five year phasing plan as indicated on the approved site plans dated 6/15/05. (Copies on file in city offices) 2. Revisions to the landscape plan showing shade trees along 59 St, the frontage road to Hwy 5, and in appropriate places around the parking area are approved in concept. Final revisions to the landscape EXHIBIT 2 plan shall be reviewed and approved by the City Arborist The grading, drainage, and utility plans shall be subject to the review and approval of the City Engineer and the Browns Creek Watershed District. Customer, employee, and display parking shall be delineated on the site plan and all customer parking stalls shall be appropriately signed Detailed plans and completely labeled building elevations shall be resubmitted to the city to show all building materials and colors. A materials board shall be submitted for the City Council review. A detailed photometric plan showing lot perimeter and street centerline foot candles compliant to city code shall be provided All lighting shall be installed or retrofitted to be in compliance with the lighting standards of the Zoning Ordinance. An approval of the sign variance allowing a total of ten wall signs and eliminating the two 34 square foot " showroom" signs as proposed on the building elevations. The applicant shall provide an accurate rendering of all wall signs for review and approval of the City Council. The City Council approves the overall number and square footage of allowable wall signage for the project. The applicant shall remove the large pylon sign at the northwest corner of the site and all checkered banners prior to issuance of a certificate of occupancy for the remodeled building. 9. The materials utilized for the proposed trash enclosure shall be the same materials used on the building. 10. All automobile repair activities shall be limited to within the principal structure a and the doors to the service bays shall be kept closed except when vehicles are being moved in or out of service areas. 11. There shall be no exterior storage of automobile parts or related items on the site. All parts storage shall be internal to the building. The applicant shall provide a site plan indicating the location of the fenced car storage area and fencing details subject to review and approval of City staff. Any cars under repair that are to be stored outside of the building shall be parked within said fenced car storage area. 12. All noise created from operations on the site shall be in conformance with Section 401.15.B.11 of the Zoning Ordinance. 13. The outdoor paging system shall be replaced with a personal communication system that is non-audible beyond the property lines. 14. The applicant shall receive and retain, if required, a Hazardous Waste Generators License from Washington County for the Stillwater Motors operation. M. Reference Attachment: The reports of the City Planner dated July 7, 2005 and site plan approved by the City Council are annexed hereto by reference. EXHIBIT 2 IN WITNESS WHEREOF, the parties have set forth their hands and seals. CITY OF OAK PARK HEIGHTS Date: By David Beaudet Mayor Date: By Eric Johnson City Administrator Date: By D.J. 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III I .1 01/MFOt EOM i 2 g 11.----(1 ,11 i — l• Amon sous .......... sir mar a• 110101111:1101 MD ....■■ ........... L'l 1, • , 2p pi.......... SIMI 1 OF I f-E• Du. 6/15/05 -- . .... _ D LOIT UGHT BASE DETAIL (i) WALL LIGHT DETAIL - NIZ, HST 10 SCALE EXHIgit 3 S at atetteit MOTORS.com BUICK • CHEVROLET • Jeep • FAMILY OWNED f- ' June 23, 2008 CLTY OF OAK PARK HEIC-HTS 14168 OAK PARK BOULEVARD OAK PARK HEIGHTS, MN 55082 TO WHOM IT MAY CONCERN: Raduenz Dealership Properties LLC world 1 to amend th timing on the condition related to the three and flee year pLasing of improvement reLated to palViog • cur'es and stormwator dralnac, we would like to ex!sehd our cot use permit for hn additional Five years, :lue E Hi(: riming and eurrent Butyinec;s 11dition-, at thIJ; :Arne. Condition:, r.hose ,:an be :.!orie t. -an ori. i et dare. ti wuld >.tol the lmTrovements done. Sincerely 5 Me" • Daniel . Raduenz Raduenz DealerF,hip Propeties hhC 4rillwatilr Motor Compa II/ EXHIBIT 1 1 %.- ENCLOSURE 4 s City of Oak Park Heights To: Planning Commission From: Julie Hultman, Planning & Code Enforcement Officer Date: March 8, 2012 Re: 2012 Meeting and Council Representation Schedule Amendment Please review the attached schedule 2012 schedule As Amended for: o Planning Commission meeting dates. The schedule has been amended according to the approved 2012 City Council meeting dates and to comply with Planning Commission Bylaws Article 5.B. that states, "Regular meetings of the Planning Commission shall be held at 7:00 p.m. on the Thursday 1 immediately following the first regular City Council meeting of each month in the City Hall Council Chambers. The regular meeting date of the Planning Commission may be changed by resolution of the City Council." The only changes to the calendar are the dates of the March and August meetings, which are now shown to be March 15 and August 16. No changes were made to the Commission representation schedule. The Commission is asked to review the changes and move to approve it as amended. Thank you. • 2012 Planning Commission Meeting Schedule Commission Representative To City Council Meeting JANUARY S HA' T W T F S .111.111.512WMPI i T F S 1 2 3 4 5 6 7 1 2 3 4 8 9 10 11 12 13 14 5 6 7 8 9 10 11 15 16 17 18 19 20 21 12 13 14 15 16 17 18 22 23 24 25 26 27 28 19 20 21 22 23 24 25 29 30 31 26 27 28 29 Commiuioner Rep. Dougherty Commissioner Rep. LeRoux MARCH S S I M T W T F S S M T�_ W i T _ I_ F �. 1 2 3 1 2 3 4 5 6 7 4 5 6 7 8 9 10 8 9 10 11 12 13 14 11 12 13 14 15 16 17 15 16 17 18 19 20 21 18 19 20 21 22 23 24 22 23 24 25 26 27 28 25 26 27 28 29 30 31 29 30 Commissioner Rep. Powell Commissioner Rep. Squyres MAY S M i T W T F S S I M I T I W T J F S 1 2 3 4 5 1 2 6 7 8 9 10 11 12 3 4 5 6 7 8 9 13 14 15 16 17 18 19 10 11 12 13 14 15 16 20 21 22 23 24 25 26 17 18 19 20 21 22 23 27 28 29 30 31 24 25 26 27 28 29 30 Commissioner Rep. Bye Commiuioner Rep. Dougherty S M 1 T W T , F S S M T 1W T F S 1 2 3 4 5 6 7 1 2 3 4 8 9 10 11 12 13 14 5 6 7 8 9 10 11 15 16 17 18 19 20 21 12 13 14 15 16 17 18 22 23 24 25 26 27 28 19 20 21 22 23 24 25 29 30 31 26 27 28 29 30 31 Commissioner Rep. LeRoux Commissioner Rep. Powell SEPTEMBER OCTOBER S M T W T F S S! M I T W T I F S 1 1 2 3 4 5 6 2 3 4 5 6 7 8 7 8 9 10 11 12 13 9 10 11 12 13 14 15 14 15 16 17 18 19 20 16 17 18 19 20 21 22 21 22 23 24 25 26 27 23 24 25 26 27 28 29 28 29 30 31 30 Commissioner Rep. Bye Commissioner Rep. Squyres NOVEMBER DECEMBER S M I T � W j T L F S S M T W T F S 1 2 3 1 4 5 6 7 8 9 10 2 3 4 5 6 7 8 11 12 13 14 15 16 17 9 10 11 12 13 14 15 18 19 20 21 22 23 24 16 17 18 19 20 21 22 25 26 27 28 29 30 23 24 25 26 27 28 29 Commissioner Rep. Dougherty 30 31 Commissioner Rep. LeRoux Schedule relflects meetings on the Thursday following the first regular City Council meeting of the month as per Planning Commission Bylaws.