Loading...
HomeMy WebLinkAbout2005-12-27 CC Meeting Packet EnclosureMeeting Date December 27 2005 Time Required: 5 minutes Oak Park Heights Request for Council Action Agenda Item Title: Oak Park Ponds Addition — Planned Unit Develo rent Amenchnent 1 Conce and General Plan. ENCLOSURE 11 3:L. Or) 04 asaiubt Agenda Placement New Business Originating Department/Re son C Requester's Signature Action Requested Background/Justification (Please ind a if any previous action has been taken or if other public bodies have advised): Please see the attached from Scott Richards ent and Conce Administrator t and General Plan. 1. Planner's Report — Exhibits were in the December Planning Packet. 2. Approved Planning Commission Resolution. 3. City Council Resolution Also attached is a brief primer on Service Availability Charges, SAC, as well as a memo from Julie Hultman regarding the applicant's request that these SAC fees be credited from his current location reducing his SAC charges from the new location. Staff does not recommend that SAC credit be given, see enclosed. RE: BACKGROUND NORTHWEST ASSOCIATED CONSULTANTS, INC. •-••••- •-•••••••-••••-•••••-•-•••-•...-•••••••••••-•..........-••••••••••-•••••••.......••••-•••-•••••••-•-•-•••••••••••••••••••••""•••"•"•••••••••••••••••••••-•-•-•••••••••••••-•••••••• • 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: December 1, 2005 FILE NO: 798.02 — 05.14 Oak Park Heights — Oak Park Ponds Building Expansion to Include St. Croix Cleaners, PUD Amendment/Concept and General Plan David and Polly Nemek have made application for a PUD amendment/concept and general plan of development for an addition to the Oak Park Ponds Shopping Center to include the St. Croix Cleaners and two additional tenant spaces. The addition will be one story to match the existing structure that is located at the corner of 58 Street and Neal Avenue North. The concept plan and general plan approvals in 1997 for the Oak Park Ponds Shopping Center had included the potential for this addition. The drive aisles and parking lots were designed to accommodate this retail area. The shopping center is zoned PUD, Planned Unit Development District. A concept/general plan of development and amended PUD is required to accommodate the proposal. Attached for reference: Exhibit 1: Proposed Site Plan Exhibit 2: Main Floor Plan Exhibit 3: Exterior Elevations Exhibit 4: Exterior Elevations Exhibit 5: Survey Exhibit 6: Approved Site Plans 1997 Exhibit 7: Approved Site Plans 1997 Exhibit 8: Approved Elevations 1997 Exhibit 9: Letter from Project Architect ISSUES ANALYSIS Project Background and Description. The Rainbow Foods and Oak Park Ponds development approvals were granted in 1997. At that time, an 8,100 square foot addition was planned to the 10,500 square foot retail building that was approved as part of the general plan. The addition was approved in concept, but not until now has a proposal come forward to complete the building. The proposed addition will be one story with 9,078 square feet. St. Croix Cleaners will move from its existing location, there will be a coin laundry and two other tenant spaces. The design of the structure will match the existing building in materials and architecture. A revised parapet element on the northeast corner will define the entrance to the dry cleaners. Comprehensive Plan. The proposed Land Use Map guides the subject property for commercial use. Zoning. The site is zoned PUD, Planned Unit Development District. The PUD, as approved, utilizes the B-2, General Business District as the basis for land use and performance standards approval. Commercial service uses such as drycleaners and laundromats, as well as retail sales, are a permitted use of that district. Parking/Access. The Oak Park Ponds Shopping Center currently has 611 parking stalls. A total of 443 stalls are required by Zoning Ordinance for the development before the addition. The addition will require the following parking: 9,075 X .9 = 8,170 square feet @ 6 spaces per 1,000 square feet = 50 stalls As a whole, the shopping center parking lots were designed to accommodate this addition. The addition is planned as part of a property being purchased by the applicants with 50 parking stalls. Adequate disability parking was constructed as part of the shopping center. Although this pad will be owned by another entity, all of the cross easements and agreements will remain in place. The addition will be constructed approximately seven feet from the curb line of the driveway for the shopping center. A corner of the building has been removed so that driver visibility is not affected in the back driveway. The City Engineer has no issue with the visibility or the one-way drive lane design in the rear of the building. The sidewalk will remain at the front of the building and continue around on the east side to the existing pedestrian crossing and ramp. The sidewalk will be at least six feet wide. Lighting. The site and elevation plans indicate the existing and proposed lighting for the project. All of the parking lot lighting will remain as is. Lighting to match the existing fixtures will be placed on the front facade of the building. Shielded wall lighting will be utilized over the rear doors. The applicant will need to provide lighting specifications as part of the building permit application to verify the type of lighting and its conformance to the Zoning Ordinance requirements. Signage. The building elevation plans indicate proposed sign dimensions and locations. The signs as presented are compliant with the Zoning Ordinance. The corner business, St. Croix Cleaners, would be allowed two signs as proposed. The signs will be further reviewed for conformance when sign permits are requested. Design Guidelines. The design of the addition will match the existing structure. The building materials, use of glass, and architecture of the structure is consistent with the Design Guidelines. The front facade provides vertical elements to separate the store fronts and a corner element will accentuate the front entrance of the St. Croix Cleaners. Fabric awnings are to be utilized over the front and side facade windows. Landscaping. The existing landscaping will not be affected by the addition. The original concept plans and the new plans do not feature landscaping within the front sidewalk area. The Planning Commission and City Council should comment on this. Loading/Trash Enclosure. The interior floor plan of the addition indicates that the trash enclosure for the St. Croix Cleaners and the coin laundry will be accessible from the interior of the structure. The other two tenant spaces will not have access through the cleaners area to the trash area. Staff suggests that a hallway be added to allow access from the tenant spaces to the trash enclosure and to the exterior of the building. The applicant should provide plans to address this condition of approval or provide a trash collection plan to the City for review. Service Availability Charges (SAC). The applicant has requested a transfer of SAC from the current leased space at 5850 Omaha Avenue North to the relocated business place. The City will not allow transfer of the credits. The City has indicated this to the applicant and explained that the SAC credit will need to stay with the property and cannot be transferred. Easements/Declarations an. Agreements. The City Attorney has requested documentation of the existing cross easements, declarations and agreements. These will be required for review by the City Attorney. CONCLUSION ECOMMENDATION Based upon the preceding review, City staff recommends that the request for PUD amendment/concept and general plan be approved for an addition to the Oak Park Ponds Shopping Center to include the St. Croix Cleaners and two additional tenants. The recommendation is conditioned upon the following: • . The applicant shall provide lighting specifications for the wall fixtures as part of the building permit application. 2. All signage shall comply with the Zoning Ordinance requirements. Signage proposed for the retail center shall be subject to City staff approval. 3 3. The proposed utility, grading, and drainage plans shall be subject to the review and approval of the City Engineer. 4. The proposed building plans, design and materials shall be subject to review and approval of the Planning Commission and City Council. 5. The Planning Commission and City Council should comment on landscaping areas in the front facade sidewalk area. 6. The floor plans be altered to allow access from all tenant spaces to the trash enclosure area and the exterior of the building. In the alternative, the applicant shall provide a trash collection plan indicating where and when trash will be picked up for all of the retail space. 7. The Service Availability Charges (SAC) will not be transferred from 5850 Omaha Avenue North. 8. The cross easements, declarations, and agreements are subject to review and approval of the City Attorney. A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY DAVID AND POLLY NEMEC FOR A PUD AMENDMENT/CONCEPT AND GENERAL PLAN OF DEVELOPMENT FOR AN ADDITION TO THE OAK PARK PONDS SHOPPING CENTER LOCATED AT THE CORNER OF 58 STREET AND HEAL AVENUE NORTH SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from David and Pole Nemec for a PUD amendment /concept and general plan of development for an addition to the Oak Park Ponds Shopping Center located at the comer of 58 Street and Neal Avenue North; and after having conducted a public hearing relative thereto, the Planing Commission of Oak Park Heights makes the following findings of fact: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: and SEE ATTACHMENT B 3. The subject property is zoned PUD, Planned Unit Development District in which the proposed retail and service uses are permitted; and 4. The concept plan approvals in 1997 for the Oak Park Ponds Shopping Center included the potential for this expansion; and 5. The City staff prepared a planning report dated December 1, 2005 reviewing the request for the PUD amendment /concept and general plan approvals; and 6, The December 1, 2005 planning report recommended approval of the PUD amendment /concept and general plan subject to the fulfillment of conditions; and 7. The Planning Commission held a public hearing at their December 8, 2005 meeting, took comments from the applicants and public, closed the public hearing, and made the following recommendation: NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The application submitted by David and Polly Nemec for a PUD amendment /concept and general plan of development for an addition to the Oak Park Ponds Shopping Center located at the corner of 58 Street and Neal Avenue North and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for approval subject to the following conditions: 1. The applicant shall provide lighting specifications for the wall fixtures as part of the building permit application. 2. All signage shall comply with the Zoning Ordinance requirements. Signage proposed for the retail center shall be subject to City staff approval. 3. The proposed utility, grading, and drainage plans shall be subject to the review and approval of the City Engineer. 4. The Planning Commission is favorable to the proposed building plans, design and materials. 5. The floor plans be altered to allow access during business hours from all tenant spaces through the space labeled as Unit 103 in the floor plans to the trash enclosure area and the exterior of the building. 6. Thy; Service Availability Charges (SAC) will not be transferred from 5850 Omaha Avenue North. 7. The cross easements, declarations, and agreements are subject to review and approval of the City Attorney. Recommended by the Planning Commission of the City of Oak Park Heights this 8th day of December 2005. 2 ATTEST: Eric A. Johnson, City Administrator Mike Runk, Chair ATTACHMENT A Planned Unit Development (PUD) Amendment Oak Park Ponds - St. Croix Cleaners (David & Polly Nemec) Washington County GEO Code: 06-029-20-14-0009 Legal Description: Lot 3, Block 1, Oak Park Ponds Addition Physical Address: (Unassigned) Neal Ave. N. ATTACHMENT B Planned Unit Development (PUD) Amendment Oak Park Ponds - St. Croix Cleaners (David & Polly Nemec) Application Materials O Application Form • Fees • Plan Sets (3 Large Scale Sets /20 I I XI 7 Sets) • Written Narrative and Graphic Materials Explaining Proposal O Mailing List from Washington County (500' from subject property) O Proof of Ownership or Authorization to Proceed O Property Tax Statement(s)/Legal Description(s) Conference With City Staff Upon Application Submittal: November 2, 2005 Public Hearing: December 8, 2005 Required Approvals: PUD Amendment Planning commission 4/5 City council 4/5 PUD Amendment - Limitation on General Concept Plan Approval: Unless a General Plan of Development covering the area designated as in the General Concept Plan as the first stage of the PUD has been filed within twelve (12) months from the date Council grants General Concept Plan approval, or in any case where the applicant fails to file General Plan of Development Stage and Final Plans and to proceed with development in accordance with the provisions of this Ordinance and of an approved General Concept Plan, the approval may be revoked by Council action. (401.06.C.2.e) RESOLUTION 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 DAVID AND POLLY NEMEC FOR A PUD AMENDMENT /CONCEPT AND GENERAL PLAN OF DEVELOPMENT FOR AN ADDITION TO THE OAK PARK PONDS SHOPPING CENTER LOCATED AT THE CORNER OF 58 STREET AND NEAL AVENUE NORTH SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from David and Polly Nemec for a PUD amendment /concept and general plan of development for an addition to the Oak Park Ponds Shopping Center located at the corner of 5 8 111 Street and Neal Avenue North; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the request be approved with conditions. The City Council makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: and and SEE ATTACHMENT B 3. The subject property is zoned PUD, Planned Unit Development District in which the proposed retail and service uses are permitted; and 4. The concept plan approvals in 1997 for the Oak Park Ponds Shopping Center included the potential for this expansion; and 5. The City staff prepared a planning report dated December 1, 2005 reviewing the request for the PUD amendment /concept and general plan approvals; and 6. The December 1, 2005 planning report recommended approval of the PUD amendment /concept and general plan subject to the fulfillment of conditions; and 7. The Planning Commission held a public hearing at their December 8, 2005 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 BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by David and Polly Nemec for a PUD amendment /concept and general plan of development for an addition to the Oak Park Ponds Shopping Center located at the corner of 58 Street and Neal Avenue North and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights subject to the following conditions: 1. The applicant shall provide lighting specifications for the wall fixtures as part of the building permit application. 2. All signage shall comply with the Zoning Ordinance requirements. Signage proposed for the retail center shall be subject to City staff approval. 3. The proposed utility, grading, and drainage plans shall be subject to the review and approval of the City Engineer. 4. The City Council is favorable to the proposed building plans, design and materials. 5. The floor plans be altered to allow access during business hours from all tenant spaces through the space labeled as Unit 103 in the floor plans to the trash enclosure area and the exterior of the building. 6. The Service Availability Charges (SAC) will not be transferred from 5850 Omaha Avenue North. 7. The cross easements, declarations, and agreements are subject to review and approval of the City Attorney. 2 2005. ATTEST: Approved by the City Council of the City of Oak Park Heights this 27th day of December Eric A. Johnson, City Administrator David Beaudet, Mayor 3 ATTACHMENT A Planned Unit Development (PUD) Amendment Oak Park Ponds - St. Croix Cleaners (David & Polly Nemec) Washington County GEO Code: 06-029-20-14-0009 Legal Description: Lot 3, Block 1, Oak Park Ponds Addition Physical Address: (Unassigned) Neal Ave. N. ATTACHMENT B Planned Unit Development (PUD) Amendment Oak Park Ponds m St. Croix Cleaners (David & Polly Nemec) Application Materials • Application Form • Fees O Plan Sets (3 Large Scale Sets /20 11X17 Sets) O Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (500' from subject property) O Proof of Ownership or Authorization to Proceed O Property Tax Statements }/Legal Description(s) Conference With City Staff Upon Application Submittal: November 2, 2005 Public Hearing: December 8, 2005 Required Approvals: PUD Amendment Planning Commission 4/5 City Council 4/5 PUD Amendment - Limitation on General Concept Plan Approval: Unless a General Plan of Development covering the area designated as in the General Concept Plan as the first stage of the PUD has been filed within twelve (12) months from the date Council grants General Concept Han approval, or in any case where the applicant fails to file General Plan of Development Stage and Final Plans and to proceed with development in accordance with the provisions of this Ordinance and of an approved General Concept Plan, the approval may be revoked by Council action. (401 .06.C.2.e) WHAT IS A SAC? Service Availability Charge (SAC): The service availability charge is a onetime fee imposed by for new connections or increased volume discharged to the metropolitan wastewater system. otait%ti, The SAC fee is similar to fees used by many wastewater utilities and municipalities and is generically known as an "impact" or "connection" fee. One SAC unit equals 274 gallons of maximum potential daily wastewater flow volume. A freestanding single - family residence is charged one SAC unit. Other types of buildings pay a prorated SAC fee, based on the estimated volume of wastewater they will generate. 2005 Service Availability Charge [ Discount T 2005 SAC 1 2006 SAC $1,450 [ $1,550 Base Unit Fee: Single- -Family Dwelling Apartment (without individual laundry facilities) 20% $1,160 I $1,240 I Multi- Dwelling Public Housing (without garbage disposals or dishwashers) 25% $1,087.50 1 162.50 $ ' Multi- Dwelling Public Housing (without individual laundry facilities, garbage disposals or dishwashers) 40 °Ia $870 $930 F.- Commercial: Base unit fee times number of residential equivalent units (REUs) where the number of REUs is based on an estimated maximum potential flow Industrial: Based on fee times number REUs where the number of REUs is based on maximum normal flow volume WHAT IS A SAC? Service Availability Charge (SAC): The service availability charge is a onetime fee imposed by for new connections or increased volume discharged to the metropolitan wastewater system. otait%ti, The SAC fee is similar to fees used by many wastewater utilities and municipalities and is generically known as an "impact" or "connection" fee. One SAC unit equals 274 gallons of maximum potential daily wastewater flow volume. A freestanding single - family residence is charged one SAC unit. Other types of buildings pay a prorated SAC fee, based on the estimated volume of wastewater they will generate. 2005 Service Availability Charge Memo To: From: Date: Re: Ciyof Oak Park Heights 14168 Oak Park Blvd. N ® Box 2007 Oak Park Heights, MN 55082 0 Phone (651) 439 -4439 Fax (661) 439 -0574 Eric Johnson Julie Hultman November 7, 2005 SAC Charges St. CrolCleaners Mr. Nemec inquired whether or not the City would be able /willing to transfer the Service Availability Charges (SAC) from his current leased space at 5850 Omaha Ave. N. to his relocated business site at Oak Park Ponds Shopping Center. While the City may certainly choose to grant a reduction to Mr. Nemec's new location, of any credit realized at the current site, my quick answer would be "no." First, it is my understanding that Mr. Nemec purchased the laundry business and leases the space within which it is operated. l have no evidence that Mr. Nemec paid any SAC charges to the site directly or compensated the seller for SAC fees they incurred and which were dedicated to the business use at 5850 Omaha Ave. N. Secondly, we have no idea at this time what would become of the space once vacated by his business operation. Hope Adoption and Family Services is the current owner of the building and likely they would expand their office operations to the lower level; however until we know what the full use of the building is to be we have no way of knowing what SAC credit, if any, would be available. It is not likely that the timing of the sites new uses(s) configuration would coincide with that of the new business operation location, making it a paperwork challenge to document and requiring guesswork to effectuate. Third, p rior to 1973 SAC units were not charged to buildings and operations using the sanitary sewer system. When the SAC system was rnplerented in 1973, such businesses became known as 9 randparented properties and had SAC units determined upon the known facts of the structure and its operations as they existed in 1973. Accordingly, Metropolitan Council would have determined the SAC units for St. Croix Cleaners at such time it was located in the former St. Croix Mali, which 1 believe was in April of 1 970. In May of 1977 2 sac units were paid for a St. Croix Cleaners 18' x 66' addition (including 2 machines) to the Mali. A SAC Unit cost $375 in 1977. 1 am 9 uessing that it was sometime in the mid to late 1980's that the business operation moved to the current site at 5850 Omaha Ave. N. In February of 1990, the back half of the buildin g was converted to house a daycare facility and office. The permit for this work notes a SAC credit of 5 units, amounting to $3,000 at $500 each) given to this permit. I've not yet been able to ascertain why a credit of any kind was given as the laundry was also still in operation at the time. 1 have a call into Metropolitan Council regarding this. In the event a credit was determined after reconfiguration of the site at 5850 Omaha Ave. N., the City would prepare its monthly SAC Report and elect to take the credit as either: or ( Site Specific," which would hold them for future use at 5850 Omaha Ave. (2) "City - wide," where the credit would be used to offset any future remittances to Met Council for SAC Charges. SAC Charges are credited in units versus a dollar figure, so that a SAC Unit charged in 1977 at the rate of $375 per unit would be credited in 2005 at the current per unit rate of $1 ,450. Generally the City has taken credits "City -wide" and has offset amounts to be remitted to Met Council. Note that credits have been a result of demolition and not building use re- configuration. 1 would recommend that the City decline to offer a credit, if any, to the new location in units or dollar amounts in light of the large majority of SAC units for the business structure and operations at 5850 Omaha Ave. N. being grandparented unit determinations (use prior to 1973) with no cost to the business; there being no evidence of Mr. Nemec having financially contributed to any SAC units paid; the uncertainty of whether or not there will be a credit for the site; and the delicate balance of timing to carry a credit, if any, to the new cleaners location.