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2003-04-23 Fully Executed PUD Document
File No.: 1501- 10134 Date Issued: April 23,=. Legal Description: LOT 4, BLOCK 2, KERN CENTER 2 ADDITION Owner: Address: 5 610 Memorial Avenue CITY OF OAK PARK HEIGHTS PLANNED UNIT DEVELOPMENT PERMIT FOR W,A.T.E. ENTERPRISES, INC. r ., LA ' s o - • . 0 Permittee: 1 T RAY J4 .E Enterprises Inc. Present Zoning District: _BA. Permitted uses set forth in Ordinance 401. Section 401 100 Z. PLANNED UNIT DEVELOPMENT PERMIT FOR: .A.T.K. Enterprises Inc. General Description: A PUD concept and General Plan of approval has been granted W.A.T.B. Enterprises, Inc. to build a office warehouse and cold storage building on the property identified above. The development shall be coordinated with and subject to the same cross easements and/or restrictions and covenants as the development that adjoins the lot to the north now located on Lots 1 through 6 inclusive, Block 1, W.A.T.B. Addition II. ' ADDITIONAL RESTRICTIONS AND PROVISIONS. The terms and provisions of Resolution No,03 -05 -27 of the City of Oak Park Heights relative to this project shall be complied with by Developer as part of this agreement; the same specifying as follows: 1. The Developer shall identify the square footage of office space and warehouse space, which will determine the required parking spaces needed on the site. 2. The access and circulation plan is subject to the approval of the City Engineer and Fire Chief. 3. The Developer shall identify the location of snow storage within the site plan, subject to the review and approval of the City Engineer. 4, The site plan shall be modified to meet a 20 percent green space requirement. 5. All curb barriers shall be set back at least 10 feet from lot lines. 6. The landscaping plan shall be subject to the review and approval of the City Arborist. 7. The Developer shall pay a tree replacement fee as detemined by the City Arborist (the Arborist has determined the fee to be $ 10,070.00). 8. The drainage and grading plan is subject to the review and approval of the City Engineer. 9. The wetland delineation plan shall be subject to the review of the City Engineer. 10. The applicant shall secure permits as necessary from the Brown's Creek Watershed District. 11. The utility plan for the site shall be subject to the review and approval of the City Engineer, 12. The locations of fire hydrants and sprinkler systems in both buildings shall be subject to the review and approval of the Fire Chief and.lor building official. 13. The applicant shall provide a lighting plan with all locations of lights and types of fixtures. The plan shall be subject to the review and approval of City Staff, 14. All signage plans shall be subject to the review and approval of city staff. III. Reference Attachment: All plans, special provisions, proposals, specifications and contracts for the improvements furnished and let pursuant to the Developer's Agreement shall be and hereby are made a part of this Agreement by reference as fully as if set out herein in full. Specifically the Planning Reports and Engineering report of May 27, 2003, are specifically incorporated by reference herein and included herein as if originally made part of this agreement. IN WITNESS WHEREOF, the parties have set forth their hands and seals. 4 7/6 /6,3 Date: Date: ho 3 CITY By vid B Ma son Ci E dministrator HEIGHT .A.T.E. Enterprises, Inc tAj( Wil Zintl, P e f EXHIBIT "B" REFERENCE ATTACHMENTS NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555 t. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com PLANNING REPORT TO: Judy Hoist, Acting Administrator FROM: Mike Darrow/Scott Richards DATE: April4, 2003 RE: Oak Park Heights - W.A.T.E PUD Concept and General Plan of Development Amendment, Site Plan Review - 5610 Memorial Avenue North FILE: 798.02 - 03.04 BACKGROUND W.A.T.E. Enterprises, Inc. has submitted an application for Concept and General Plan of Development and site plan review for the construction of an office /warehouse and cold storage building to the west of 5600 Memorial Avenue North. The property is zoned B -3, Highway Business and Warehousing' District. This development is part of a larger development area that includes over 10.2 acres north and east of the proposed site. This area was annexed to the City in 1998. Currently W.A.T.E. Enterprises, Inc. owns six buildings and H. S.1, inc. owns one building in the W.A.T.E. Addition of the Kern Center. W.A.T.E. Enterprises has had the option to build additional buildings on Lot 4, which would make a total eight buildings, including H.S.I.'s building. The applicant has submitted plans to build a 12,800 square foot office /warehouse building and 3,816 square foot cold storage facility on Lot 4. Additional parking areas are also proposed. The Planning Commission and City Council reviewed and approved the Concept Plan for this area of the W.A.T.E. development in July 2002. This plan is a significant departure from the previous plan because of the addition of the cold storage building. Attached for reference: Exhibit A: Applicant's Letter Exhibit B: Engineer's Report Exhibit C: Title Sheet Exhibit D: Exhibit E: Exhibit F: Exhibit G: Exhibit H: Exhibit!: ISSUES ANALYSIS Existing Conditions /Demo Plan Grading and Erosion Control Plan Utility Plan Layout and Circulation Plan Planting Plan City Arborist's Comments Comprehensive Plan. The Comprehensive Plan designates this area as highway i business /warehouse. The proposal is consistent with the land use designation. Zoning. The property is zoned B -3, Highway Business and Warehousing District. The existing lots meet the lot performance standards of the B -3 District in terms of width and area requirements. Subdivision. This lot has been previously platted as Lot 4, Block 2, Kern Center, 2nd Addition. Lot Coverage. Section 401.300 G of the Zoning Ordinance states that lots within the B -3 District must provide a total of 20 percent of the net buildable area of the parcel as green space. Below is .a breakdown of the area: Proposed Office/Warehouse Proposed Storage Area Parking and hard surface area Total Impervious Surface area Non - Impervious Area Percent of Green Space 12,800 = square feet 3,81 square feet 77,- 498 feet 94,114 square feet 18,224 square feet 19% Based on the proposed figures, the applicant does not meet the 20 percent green space requirement. The applicant will be required to modify the plan to meet this requirement. Access /Circulation. Access and circulation within the proposed development is consistent with the overall circulation patterns of the existing buildings in that traffic will flow between buildings. Access and traffic circulation will be subject to the review and approval of the Fire Chief to determine if there is adequate turning radius for safety vehicles between the building and storage facility. The access and circulation plan will also be subject to the review and approval of the City Engineer. Off-Street Parking and Loading. Off-street parking and loading is regulated under Section 401.15F of the Zoning Code. This requires, among other items, that the entire perimeter of the lot include concrete curb barriers that must be setback 10 feet from any lot line. The applicant does not meet the 10 -foot requirement on the southeastern corner of the site. 2 A detailed analysis of the required number of parking spaces was provided by the applicant as part of the May 4, 2000 and June 28, 2002 PUD reports. According to the PUD, there are currently 260 parking stalls required. Currently 284 parking stalls exist. According to Section 401.15 F.9 of the Zoning Code, parking spaces required for warehousing and storage is based on the number of employees of the largest shift or one space per 1,500 square feet of floor area. Additional parking requirements for areas identified as office space are also required. The applicant will need to identify the proposed square footage of all office space within the plan in order to calculate the total parking spaces needed for both uses. Currently, the applicant is proposing 46 additional parking spaces. The applicant is proposing loading docks as part of the warehouse structure. Four 12 x 12 and four 8 x 9 foot overhead doors are located on the western side of the development. The proposed site does allow for adequate turning radius for trucks. The applicant should identify the proposed location of snow storage. Landscaping Plan. The proposed warehouse and storage buildings will result in a loss of 48 mature trees including Elm, Hackberry, and Oak with an average diameter of 13 inches. The applicant is proposing 32 shrubs to the south and east of the proposed building. Four Ash trees are proposed to the south and southeast of the proposed building. The applicant will be responsible for all fees associated with tree replacement. The tree replacement fee will be set by the City Arborist. A tree replacement agreement and landscaping plan will be subject to the review and approval of the City Arborist. Signage. »,,The applicant has not submitted a sign .. ....lf signs are proposed they will be subject to review under Section 401.300.N of the Zoning Code. Trash. According to Section 401.300.K of the Zoning Code, trash receptacles must be fully screened and be consistent with the design of the principle building. The applicant is proposing a trash enclosure area north of the proposed cold storage area. The exterior finish of the trash enclosures will be painted concrete block and is consistent with the existing building to the east. The applicant is also proposing to have wood gates as part of the trash enclosure. Lighting. Two Tight poles exist on the eastern portion of the proposed warehouse building. It is unclear as to the location of security lighting on the eastern or western sections of the development. The application should identify the location of an lights and type of fixtures. A revised photometric plan is subject to the review and approval of staff and is subject to conditions under Section 401.300.1 of the Zoning Code. Grading and Drainage. A general grading and drainage plan has been submitted and is subject to the approval of the City Engineer. Additionally, the City Engineer will review the plan and make recommendations regarding the drainage and stormwater 3 requirements for the site. Brown's Creek Watershed District approval of the plan is also required. Wetland Mitigation. The proposed parking area and buildings will include the construction of a retaining wall approximately 16 feet form the wetland boundary as indicated on the plan. The applicant submitted wetland delineation information to the City on April 2, 2003. Currently, the City Engineer is reviewing the plan to determine appropriate buffer areas and setbacks. If additional buffer areas and/or setbacks are required as part of the review, this will significantly impact the overall plans submitted by the applicant and revised plans must be submitted to the City. Utilities. A utility plan has been submitted for the review and approval of the City Engineer. The applicant has identified a fire hydrant roughly 60 feet east of the proposed building. The Fire Chief should comment on the appropriate location of the fire hydrant. Design Guidelines. Building plans have been submitted for the proposed buildings. The applicant is proposing a combination of concrete panels in colors that are consistent with the overall Design Guidelines. Awnings are shown over the main entrances on the principle building and a painted stripe is proposed on the structure. There are eight overhang doors proposed as part of both buildings. The combination of materials is consistent with the Design Guidelines and the building will be identical to the other structures in the W.A.T. E. development. Development Agreement Amendment. A development agreement amendment will be required between the City and developer subject to review and approval of the City Attorney. Cross easements will be required . for the joint.. access :.driveways in. the development subject to the approval of the City Attorney. CONCLUSION AND RECOMMENDATION In order to proceed with Concept and General Plan Development Amendment and Site Plan approval, our office recommends that additional information be submitted to the City prior to moving forward with the applications. Below are additional issues that should be addressed. They include: 1. The applicant should identify the square footage of office space and warehouse space to determine the appropriate parking spaces needed. 2. The access and circulation plan is subject to the review and approval of the City Engineer and Fire Chief. 3. The applicant should identify the location of snow storage within the site plan. 4 4. The applicant shall modify the site plan to meet the 20 percent green space requirement. 5. All curb barriers shall be setback at least 10 feet from all lot lines. 6. The landscaping plan will be subject to the review and approval of the City Arborist. 7. The applicant shall pay a tree replacement fee set by the City Arborist. 8. The drainage and grading plan is subject to the review and approval of the City Engineer. 9. The wetland delineation information shalt be subject to the review of the City Engineer. If additional setbacks or buffer areas are required, the applicant shall submit to the City revised plans. 10. The applicant shall submit to the City a signed permit from the Brown's Creek Watershed District. 11. The utility plan is subject to the review and approval of the City Engineer. 12. The location of fire hydrant and sprinkler systems within both buildings shall be subject to the review and approval of the Fire Chief and/or Building Official. 13. A development agreement is subject to the review and approval of the City Attorney. 14. Additional requests for information by City officials or City staff. S WAT.E. enterprises, Inc. March 7, 2003 Community Development Department City of Oak Park Heights 14168 Oak Park Blvd. North P.O. Box 2007 Oak Park Heights, N 11i T 55082 Attention: Community Development Director will Zintl ,1 \ APR 3 Zoos 11255 50 STREET NO. * LAKE ELMO, MN 55042 * 651 - 439 -7973 Reference: New 80' x 160' Office /Warehouse Building and 36' x 106' Cold Storage Building. w.A. T.E. Enterprises, Inc. owns six buildings and H. S I, Inc. owns one building in the W.A.T.E. Addition of the Kern Center. At this time we are subro,itting plans to build an 80' x 160' office/warehouse building and a 36' x 106' cold storage building behind 5600 Memorial Avenue North. The new building would be 5610 Memorial Avenue North. Both of the new buildings would be con.striicted of the same materials to match 5600 Memorial Avenue North. The 80' x 160' building would be office /warehouse and the 36' x 106' would be used for cold storage. For your reference, am enclosing a list of contacts and information for the different areas that will be involved in the construction of the buildings. As we have proven in the past, we will do everything possible to ensure that the job gets done right. Sincerely, EXHIBIT A JY;fk 4 s�'# March 27, 2003 Dear Judy: Bonestroo Rosene Anderlik Associates Engineers & Architects 4 Ms. Judy Hoist Acting City Administrator City of Oak Park Heights 14168 Oak Park Blvd., P. 0. Box 2007 Oak Park Heights, MN 55082-2007 Bonestroo, Rosene, Anderlik and Associates, Inc. i •rnative Action/Equal Opportunity Employer and Employee Owned Principals: Otto G. Bonestroo. E. = Marvin L. Sorvralra. P.E. • Glenn R. Cook. PE. • Robert G. Schunicht. P.E. • Jerry A. Bourdon, PE. • Mark A. Hanson. PE. Senior Consultants: Robert W. Rosene, PE. • Joseph C. Anderlrk, RE. • Richard E. Turner. P.E. • Susan M. Eberlin, C.P.A. • Associate Principals: Ke th A. Gordon, P.E. • Robert R. Pfefferle. P.E. • ,Richard W. Foster. RE. • David D. Loskota. RE. • Michael T. Rautmann. P.E. • Ted K Feld. P.E. • Kenneth P. Anderson. PE. • Mark R. Rolls. PE. • David A. Bonestroo. M.B.A. • S +dney P Williamson. P.4., L.S. • Agnes M. Ring, M.B.A. • Allan Rick Schmidt. P.E. • Thomas W. Peterson, P.E. • James R. ,Maland. RE. • Miles B. Jensen, P.E. • L. Phillip Gravel 111. P.E. • Daniel J. Edgerton. P.E. • Ismael Martinez, E. • Thomas A. Syfko, P.E. • Sheldon J. Johnson • Dale A. Grove, P.E. • Thomas A. Roushar, P.E. • Robert J. Devery, RE. Offices: St. Paul, St. Cloud, Rochester and 'Willmar. MN • Milwaukee, WI • Chicago. IL Websi te: www.bonestroo.com Re: W.A.T.E. Enterprises, Inc. — Office/Warehouse & Cold Storage Building 5610 Memorial Avenue North Concept Development Plan Review Our File No. 55 -03 -000 t ate; x i.„ 1, We have reviewed the latest concept development plan for the W.A.T.E. Enterprises, Inc. proposed office /warehouse and cold. storage building at 56.10 Memorial. Avenue North as submitted by Folz, Freeman, Erickson, Inc. for W Zintl, Inc. and have the folio r nb comments/recommendations: 1. The proposed improvements include constructing a retaining wall for the driving/parking area up 16' from the Wetland Boundary as shown on these plans. As the City of oak Park Heights' Wetland Conservation Act agent, we recommend a wetland delineation be prepared to accurately define the existing wetland boundary and submitted for our review. Wetland boundaries typically extend beyond the normal water level of a wetland. 2. Although the City does not have a formal Wetland Ordinance in place defining required buffers andior setbacks, we have been requiring these elements as • part of PUDs or amendments to PUDs. The Brown's Creek Watershed District's (BCWD) engineer, Emmons & Olivier Resources, Inc. (EOR), has indicated that since this "is not a D. R protected wetland", the BCWD buffer requirement rules do not apply. However, once a wetland delineation is submitted and reviewed, we will recommend minimum buffer and/or setback requirements to the City. 3. The latest plan submittal has been revised as of 3/24/03 to increase the size of the future cold storage building. We require drainage calculations for our review. 4. Mark Doneux, previous BCWD Administrator, reviewed the previous plans on October 11, '2002. We offer the following comments on- this previous. review and BCWD Permit issued on 9/30/02: Mr. Doneux indicates, •'It appears that all stormwater facilities for the site, were designed, approved and constructed cis part of ` the Kern Center .Improvements in 1999." I believe this was the intent when the Kern Center Improvements were XHIBIT B 2335 West Highway 36 . St. Paul, MN 55113 p 6 Fax: 651-636-1511 constructed, however that assumed the 42" outlet to the Kern Center Pond would be opened and downstream improvements to the westerly wetland constructed for storm water retention. Since that time, the BCWD has not allowed improvements to the existing westerly wetland. As such, the existing Kern Center Pond and outlet has reached its limit for any further development in the Kem Center. As you know, the City of Oak Park Heights and the BCWD are cooperatively pursuing a project to expand the Kern Center Pond to allow for further development within the Kern Center to meet BCWD's rules for rate and volume control. However, until such time the Kem Center Pond is expanded, the existing pond cannot handle storm water runoff from additional developed impervious areas. e Mr. Doneux utilized a 100 -year High Water Level (RWL) of 927.68 for the existing wetland. We have previously modeled this entire drainage area and are using a 100 - year HWL of 929.2. The applicant has revised his drawings to reflect the 9292 level, and we suggest BCWD review the number they are using. A 1996 Washington County topographical map showed the water level of the pond to be 925.5, which is a good indication of the Normal Water Level (NWL) of the wetland. It appears that is the approximate NWL of the pond today, also. O �. BCWD Permit was issued on 9/30/02 with six conditions and one special condition that references five more recommendations from Mr. Doneux's 10/11/02 memo. The applicant indicated in his 3/7/03 letter to the City that he has BCWD approval. It is my understanding from correspondence between Jay Johnson and Karen Kill, Washington Conservation District and BCWD Administrator, that neither party has signed the ppit as of yet, and that she is verifying if amyl all of the conditions of the permit have been met. 5. Driveway and parking area improvements are being proposed over the City's storm sewer easement for the existing 42" storm sewer along the north side of this parcel. Verbiage should be included in the developer's agreement (or PUD amendment) indicating that the developer is responsible for restoring any of these surface improvements should repair or reconstruction of the existing storm sewer ever be required. 6. The nearest existing fire hydrant on this site is approximately 300' from the proposed cold storage building. The fire department should review these plans to verify if additional fire protection is required (we typically require hydrants with a 250' radius of buildings). . If you have any questions or require additional information, please contact me at (651) 604 -4815. Sincerely, BO e."7///1/4, TROO, ROSENE, AI DERLIK & ASSOCIATES INC ,vdg Dennis M. Postier, P.E. cc: Jay Johnson, Public Works Director Jim Butler, Building Official Scott Richards, City Planner (Northwest Associated Consultants, Inc.) Mark Vierling, City Attorney (Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L..P.} DMP, DDH, File -- Bonestroo K: \55\OId .A.T.E. 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IE s [445C4k SI cA (r - ( 4r) 7,3 19:651 `ELYNI IIIS VEON IMAY 7MOIXIN 0i95 CJ to L.] no5S NW `213.LYM11LLS 1-IDION3CMAYIVNOW3W0 naragva 'DM 'l!NIZ • 1 i gg xZd bif i to el 1 Zit': N � T cSi � i� g g » � 6 # © 0 X 6 il ;1 1. gn m i ..5 ;N g g gl 4 gg : Pg ; 0 h i glg M i NIT V1053NN1N `t3LYM11311.5 HIIION 3fN3AV `1d1)fO A 4 0L90 3SflOF00YM/3JL1IO c0SOdO0d PiirDICYQ Vld DN!1NY1d revs r:: 73i �:ii� .s: Prom: Sent: To: Subject: OPH Staff Kathy Widin Municipal Arborist City of Oak Park Heights Cr: f.......,.• ............... �. �....:... ^.Y.. ••:_:: `!:s :t:} :: :::::::t:::'�: ::::;:::. i.'.::: 5;:': �::[::: ::: ::::t.'::::::::::::.:::::::: i::'.':� :: �. iij1:i �:�::t::�::s�::f kdwidin@attbi.com Monday, March 24, 2003 8:07 PM Jim Butler; Judy Hoist; Jay Johnson; Scott Richards; Mark Vierling Zintl - 5610 Memorial Ave. - Tree Removal and Land. Plan 1 have reviewed the plans for the proposed office /warehouse at 5610 .Memorial Ave. and made a recent site visit to confirm the tree inventory , and view the site and the tree condition. 1 have the following comments regarding tree removal and the land. plan, 1. The project, if built as proposed, will result in the removal of 74% of the significant trees on the site Eight large oaks (20-36 in. in diameter) are being removed as a result of this construction. A few trees will remain by the pond edge, between the pond and the proposed retaining walls, with most concentrated on the northern end of the site. Some of these trees may die as a result of construction of the retaining walls 2. The City received a complaint from a neighbor in 2002 about the large retaining wall at 5630 and the high amount of tree removal on the sites on this side of the pond. 3. Thirteen trees, most of which are oaks (8 -36 in. in diameter) are designated to be saved. The three largest trees will probably decline and die as a result of the construction of the retaining walls. Tree protection fencing (orange snow fencing on steel posts set at 6-8 ft intervals, not silt fencing) should be erected after tree removal and prior to grading. The fencing should be placed at least 15 ft. from trunks of trees greater than 15 in. in diameter, in order to protect some of the root system. 4. Nine trees which are shown on the inventory on the eastern edge of the woodland have already been removed, even though there was no tree removal indicated in the plan for the building on the front part of the property. These trees are included in the tree removal totals for the current project. If additional trees die as a result of construction of the retaining walls, these will also be added to the tree removal totals for the current project. 5. At the present time, if the building is constructed as proposed, 660 replacement diameter inches of trees will be required or cash in lieu of planting ($33,000.). 6. The landscape plan is acceptable regarding the proposed plant species and sizes and given the very limited greenspace around the proposed building. It is recommended that some trees tolerant of wet sties be added between the retaining walls and the pond to provide some screening for the walls.