Adopt Resolution #21-148 Allowing Modified Wall and Considering Maintenance of Wall at O'Reilly Auto Parts

The purpose of this case is to review a request from Java Properties, LLC ("The Applicant") who is building O'Reilly Auto Parts west of Casey's on Sunwood Drive NW. The Subject Property is owned by the City of Ramsey and is approximately 13 acres, of which only a portion will be purchased by the Applicant and platted. The Subject Property is known as PID 28-32-25-41-0020. The site is zoned COR and is accessed off Sunwood Drive.  The City Council approved the site plan and final plat on March 23, 2021. The site plan included an architectural wall, consistent with the COR Design Guidelines, along Sunwood Drive (similar to those at Allina and Casey's). 

Since that approval, the Applicant has requested a revision to the site plan to include a different type of wall design than typically seen in the COR based on the cost of the required wall. The purpose of this case is to review the request for the revised wall type and discuss the maintenance of the wall.

No notification required. 

Wall Design
The Applicant has proposed a revised wall that is essentially a fancier wood fence with a stone facade, as opposed to the previously approved fully stone wall. This proposal is a significant cost reduction for the Applicant, who will build a wood fence and put a stone veneer on the fencing to provide the illusion of a stone wall. The stone will be required to match the adjacent properties' walls. Staff is open to this revision and appreciates the creativity from the project team on this item.

Full wall design specifications are attached.

Maintenance
Typically, fences are more susceptible to damage and early deterioration compared to fully stone walls, as seen on adjacent properties. Staff proposed a maintenance agreement for the wall, agreeing that the current property owner and future owners agree to promptly repair the fence in the event of damage. As part of a standard maintenance agreement, the City will assess the costs back to the property owner to repair the fence if it is not fixed in a reasonable timeframe. The City of Ramsey uses maintenance agreements for unique situations through the City, most recently for rain gardens and modified sewer system. 

The Applicant has stated that the maintenance agreement makes the property difficult to sell and they are not open to a maintenance agreement for the wall at this time. 

Alternatives
Alternative 1: Deny request for revised wall design. This would require that the Applicant build a wall consistent with the previously approved site plan, consistent with Casey's, Allina and the other buildings in this area. The Applicant has been creative in their approach to attempt to find a cost-effective solution to still meet the intent of the COR Design Guidelines. Staff could be supportive of this alternative if the City Council is not in favor of the revised wall plans. The City Council should pull this item off the consent agenda if they wish to pursue Alternative 1. 

Alternative 2: Compromise scenario. In this scenario, the City Council would approve the revised wall plans, allowing a wall that is a new type for the City of Ramsey. Since this is a new wall type, Staff has proposed a maintenance agreement outlining that the owner is responsible for wall upkeep. The City frequently uses maintenance agreements for deviations from requirements or unique situations where it may be confusing in the future. Staff has written this case in favor of Alternative 2, the compromise scenario. 

Alternative 3: Approve request for revised wall design and waive the maintenance agreement. This case would allow the revised wall design and would not require a maintenance agreement, which is the Applicant's request. Staff is open to this scenario if the City Council does not feel the maintenance requirement is necessary for the unique wall. If Council wants to pursue this alternative, they should pull it off the consent agenda.



 

The Applicant is responsible for all costs associated with this request. 

Staff recommends Alternative 2 or 3. Staff is open to either alternative but has written the case in favor of Alternative 2, the compromise scenario allowing a revised wall design with a maintenance agreement.

Adopt Resolution #21-148 allowing a modified wall design and directing Staff to complete a standard maintenance agreement on the Subject Property.