HomeMy WebLinkAbout2021-08-30 WC Recorded CUP #4331593Receipt:# 556665
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4844 North 300 West
Suite 202
Provo UT 84604
4331593
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Certified Filed and/or recorded on:
8/30/2021 3 20 PM
El "Iii NT'13
Office of the County Recorder
Washington County, Minnesota
Debra Ledvina, County Recorder
DRAFTED BY/RETURN TO:
Kevin S. Sandstrom
Eckberg Lammers, P.C.
1809 Northwestern Avenue
Stillwater, MN 55082
NOTICE OF CERTIFICATION
STATE OF MINNESOTA )
COUNTY OF WASHINGTON } ss.
CITY OF OAK PARK HEIGHTS )
I, the undersigned being duly qualified and acting as City Administrator for the City of
Oak Park Heights, Minnesota DO HEREBY CERTIFY that I have compared the attached
document:
Site Plan Approval
Of
Additional Exterior Storefront Entrance
And
Conditional Use Permit
For Signage
For
Pet IQ, LLC d/b/a Vet IQ
Within Wal-Mart Store
Located At
5815 Norell Ave. N.
with the original thereof on file at the offices of the City of Oak Park Heights, and that the same
is a full, true and complete copy of said document within the files of the City of Oak Park
Heights.
WITNESS my hand and the seal of the City ofOak Parkts, s ay of
IrK
A'
June, 2021.
c
ohnson
i Administrator",..f
CITY OF OAK PARK HEIGHTS
SITE PLAN APPROVAL OF ADDITIONAL EXTERIOR STOREFRONT ENTRANCE AND
CONDITIONAL USE PERMIT FOR SIGNAGE FOR PET IQ, LLC D/B/A VET IQ
WITHIN WALMART STORE LOCATED AT 5815 NORELL AVENUE NORTH
OAK PARK HEIGHTS MINNESOTA
PIanners File No. 236.02-21.05 Date of Permit: May 25, 2021
Legal Description: (Washington County Geo. Code: 05.029.20.12.0048)
i
Lot One (1), Block One (1), WAL-MART 21D ADDITION, according to the plat thereof on file
and of record in the office of the Registrar of Titles in and for said County of Washington and
State of Minnesota
Owner: Walmart Real Estate Business Trust, 802 S.E. 81 Street, Bentonville, AR 72716
Applicant: Pet IQ, LLC d/b/a Vet IQ, 923 S. Bridgeway Place, Eagle, ID 83616
Site Address: 5815 Norell Avenue N., Oak Park Heights
Present Zoning District: B-2, General Business District
Conditional use required as set forth in Ordinance Chapter 401 Section 401.04 A.7
I. CONDITIONAL USE PERMITS: This site plan approval and conditional use permit is issued by
the City of Oak Park Heights to WalMart and Pet IQ, LLC. Pet IQ provides animal veterinary
clinic services for annual wellness/preventative care and minor illness/injury care on a walk-in
basis. Pet IQ applied, with Walmart's consent, to remodel and revise the front of Walmart's
building to add a new exterior entrance door and signage for Vet IQ as a new tenant. Addition of
a door required design guidelines/site plan review and approval, and because existing signage on
site is at limits permitted by prior approval such that a conditional use permit is required to
increase the allowable number and square feet of signage. Based upon prior approvals, Walmart
is limited to a total of 10 wall signs and 484 square feet of sign face. Walmart updated its
signage in March of 2020 with a total of 10 wall signs and 482.35 square feet of signage. Vet IQ
will install two additional wall signs, one 5.5 square feet and another 8.3 square feet for a total
additional 14 square feet of signage. Plans for the exterior entrance were deemed to be in
conformance with City's design guidelines.
II. Following public hearing and recommendation by the Planning Commission on May 13, 2021,
the City Council granted this Conditional Use Permit on May 25, 2021 to approve the site plan
for the construction of the additional exterior entrance door and installation of additional signage
subject to the terms expressed below.
"I of 26 OPH - CUP 1 VET IQ FINAL
All terms and conditions in all prior CUP, PUDs and other approvals for this site remain in full effect except as
amended by this permit. The City Council of Oak Park Heights approves the CUP for the new entrance and
signage for Vet IQ on the subject site subject to the following conditions and/or restrictions imposed by the May
25, 2021 Resolutions of the City Council of the City of Oak Park Heights as follows:
1. Vet IQ shall apply for and be subject to a yearly administrative business permit subject to review and
approval of the Zoning Administrator.
2. Overnight boarding of animals shall not be allowed in the Vet IQ space.
3. Provisions shall be made to control and reduce noise in accordance with Section 401.15.B.11 of this
Ordinance. Animal noise shall not create issues for adjacent properties or for tenants within a multi -
tenant building.
4. All animal waste shall be immediately disposed of in sealed containers and removed from the site on a
regular basis so as not to create issues with odor or sanitation. Odor from the business shall not create
issues for adjacent properties or tenants within the multi -tenant building.
Any animal waste generated at the exterior of the property shall be the responsibility of the applicant
and property owner to address in a timely fashion; should the applicant and owner not address this
condition after reasonable notice, the City reserves the right to rescind this CUP.
6. Animals shall be leashed at all times when outside of the building.
7. Total signage for the site shall be allowed a total of 12 wall signs with no more than 500 square feet of
sign area as long as Vet IQ is a tenant of Walmart. If Vet IQ leaves the Walmart space, the signs shall be
removed and the previous allowance of 10 wall signs and total of 484 square feet of sign area for the
Walmart shall be restored.
8. All proposed signage shall require a sign permit and shall be in compliance with Section 401.15.G of the
Zoning Ordinance.
9. The sign panels shall be illuminated in conformance with Section 401.15.G.4.K of the Zoning
Ordinance.
10. All light fixtures shall be full cut off and be consistent with Section 401.15.B.7 of the Zoning Ordinance
as it relates to lighting requirements.
III. Reference Attachment:
The report of the City Planner dated May 6, 2021 and all exhibits and site plan approved by the City
Council are annexed hereto by reference as Exhibit A.
IV, Abandonment: This permit requires continuous use in order to preserve the Conditional Uses granted by
the City under the terms hereof. Any discontinuation or abandonment of the uses permitted hereunder upon
the site for a period of 12 continuous months shall constitute abandonment and void the permit.
V. Annual review: An annual review is not imposed as a condition of this permit.
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IN WITNESS WHEREOF, the parties have set forth their hands and seals.
Date: 1 1
Date:
Date:�.//f v /-1
This instrument drafted by:
Eckberg Lammers, P.C. (KSS)
1809 Northwestern Avenue
Stillwater, MN 55082
By
Ryan Sexton, Real Estate Representative
WALMART REAL ESTATE BUSINESS TRUST
By Vzlg��t Paz
Delbert Ward, Real state R tative
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+1.11.1 111
4 of 26 OPH - CUP 1 VET IQ FINAL
3501 Thurston Avenue N. Suite • 1
Anoka, MIN 55303
763.231.5 840
0
• r, t'
TPCTPC@PlannlngCo.com
PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: May 6, 2021
RE: Oak Park Heights — WalmartNet IQ — Conditional Use Permit for
Signage and Design Guidelines/Site Plan Review — 5815 Norell
Avenue North
la+
XFJff8=J1
236.02 — 21.05
Ryan Sexton, representing Vet 10, has made application for a Conditional Use Permit
(CUP) to allow for additional tenant signage and Design Guidelines/Site Plan review for
an exterior storefront door at the Walmart, located at 5815 Norell Avenue North. Vet IQ
is a veterinary quick service clinic to be located within the Walmart store. Access to the
clinic will be through a dedicated exterior storefront door and not through the interior of
the store. The request is to add two signs totaling approximately 14 square feet. The
CUP is required to increase the amount of signage in that Walmart is at the maximum
allowed number and total square footage of signs.
The site is zoned B-2, General Business District in which the retail business is a
permitted use. Animal care services, such as Pet IQ are an accessory use in the B-2
District.
The review is based upon the following submittals:
Exhibit 1:
Project Narrative
Exhibit 2:
Vet IQ Location Map (SSM -1)
Exhibit 3:
Demolition and Construction Plan (SECP -1)
Exhibit 4:
Location of Vet IQ (A-1)
Exhibit 5:
Pictures of Interior and Exterior Doors and Signage (3 sheets)
Exhibit 6:
Interior Space Build Out Plans (9 sheets)
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PROJECT DESCRIPTION
Mr. Sexton of Vet IQ, Inc. has provided a narrative found as Exhibit 1. In addition, he
has provided the following information about the business:
Overview:
Our Wellness Centers are permanent veterinary clinic locations operated within leased
space at retail and pet specialty stores. These clinics offer annual wellness (preventive)
and minor medical service options for cats & dogs, including physical exams,
vaccinations„ ear and eye flushes, nail trims, skin scrapes, health panels and more.
Parent Company is Pet1Q - veterinary service brands are VetIQ, PetVet and VIP
Petcare
• Our focus is preventive pet health and minor illness care.
• We have community clinics and permanent wellness centers across the US.
• Walk-in service. No appointments.
Non -emergency veterinary care; no x-rays, no surgeries, no dental, etc.
Services offered are - vaccinations, microchips, rabies shots, flea & tick testing
and treatment, exams, testing, minor skin, ear and GI evaluation and treatment.
•
Extremely affordable. Well priced.
• Service completed in 10 - 20 min.
• Max of 35 pets per day.
Licensed veterinarians.
1E-1--1 II *CITTA
Comprehensive Plan. The Comprehensive Plan designates this area as Commercial
on the Proposed Land Use Map. The use of the property for retail, and services is
consistent with the Comprehensive Plan.
Zoning Ordinance. The property is zoned B-2, General Business District in which
animal care service is an accessory use and subject to the following conditions:
4. Animal care services to include daycare, grooming and other related services,
and limited overnight boarding of animals as a yearly administrative permit
subject to review and approval of the Zoning Administrator and subject to the
following conditions:
a. Overnight boarding of an animal is limited to no more than fourteen
consecutive nights.
b. Adequate analysis and provisions are made to resolve issues related to
provision of water and electricity to the site and the demand for City
services. No use shall be allowed that will exceed the City's ability to
provide utility, police, fire, administrative or other services to the site.
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6 of 26 OPH - CUP I VET IQ FINAL
C. The facility shall not be open to the public between the hours of 10.00 PM
and 5:00 AM unless otherwise allowed by formal action of the City
Council.
d. Provisions are made to control and reduce noise in accordance with
Section 409.15.B. 9 9 of this Ordinance. Animal noise shag not create
issues for adjacent properties or for tenants within a multi -tenant building.
e. All animal waste shall be immediately disposed of in sealed containers
and removed from the site on a regular basis so as not to create issues
with odor. Odor from the business shall not create issues for adjacent
properties or tenants within a multi -tenant building.
f. Animals shag be leashed at all times they are outside of the building.
g. The owner of the property must additionally approve the placement of the
facilities by co-signing any required application; if such vendor is not
directly related to the owner, the owner shall also be subject to additional
enforcement actions should the vendor not comply with requirements
herein or within this Ordinance.
h. The City may revoke the Animal Care Services Permit at any time should
the operations become a public nuisance or hazard as defined by the City.
1. All signing and informational or visual communication devices shall be
minimized and shall be in compliance with Section 401.15.G of this
Ordinance.
j. The provisions of Section 401.03.A. 7 of this Ordinance are considered
and satisfactorily met.
Comment: The proposal from Vet IQ will meet the criteria and all conditions will
need to be met with this business. There will be no overnight boarding of
animals. Walmart has co-signed the application. Proper waste management
and control of the animals will be required. The applicant will need to apply for
and receive an administrative permit prior to opening.
Signage. A conditional use permit for signage is required in that Walmart is currently
at the limit of number and square footage of signage. Based upon previous approvals,
Walmart is limited to a total of 10 wall signs (directional signs not included) and 484
square feet of sign face. Walmart updated its signage in March of 2020 with a total of
10 wall signs and 482.35 square feet of signage.
Vet IQ is proposing two wall signs, one 5.5 square feet and another 8.3 square feet for a
total of approximately 14 square feet of signage. The signs will be located at their
exterior entrance. They have also requested the use of a removeable temporary sign
that would be used only when the store is open. The City has allowed these for other
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businesses if they are removed when the store is not open. This sign would not be
counted in the limits of permanent signs.
A CUP review would be required to allow the additional sign number and area to a total
of 12 wall signs with no more than 500 square feet of sign area. A review of the criteria
within the Zoning Ordinance is as follows. Any signage allowed for the development
shall require a sign permit. One wall sign is to be internally lit. The sign plans do not
provide sign lighting details. Staff will approve the lighting specifications for the signs at
the time of permitting.
Conditional Use Permit. The Planning Commission should consider the following
issues and impacts of the proposed project in making its recommendation.
The conditional use permit criteria, found in Section 401.03.A.7 of the Zoning
Ordinance, are found as follows:
1. Relationship to the specirrc policies and provisions of the municipal
comprehensive plan.
2. The conformity with present and future land uses in the area.
3. The environmental issues and geographic area involved.
4. Whether the use will tend to or actually depreciate the area in which it is
proposed.
5. The impact on character of the surrounding area.
6. The demonstrated need for such use.
7. Traffic generation by the use in relation to capabilities of streets serving
the property.
6 The impact upon existing public services and facilities including parks,
schools, streets, and utilities, and the City's service capacity.
9. The proposed use's conformity with all performance standards contained
herein (i.e., parking, loading, noise, etc.).
Comment: The expansion of the number and area of signs should not create any
issues with the above listed criteria. The signs are limited in size and are necessary to
direct the customer to a separate exterior entrance for this business. A condition will be
placed on the approval that if the Vet IQ leaves the Walmart space, the signs will be
removed and the allowance of 10 wall signs and a total of 484 square feet of sign area
for the Walmart will be restored. City Staff sees no issues with the request as
proposed. The Planning Commission and City Council shall comment on the
conformance with the CUP criteria.
Design Guidelines. An existing exterior exit door is being is being replaced with a
store front door for the building, and changes are being made to pedestrian access and
signage, requiring a Design Guidelines/ Site Plan Review. The applicable design
criteria are reviewed as follows:
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Architectural Guidelines
Ground Level Expression
The fagade, with visibility from Highway 36, will be altered. The store front door
will improve ground level expression.
Entries
The entry door and signage will be visible from the parking area and will be
placed under one of the architectural arches of the fagade. The entrance is
framed by the architectural features to help define the entry.
Site Design Guidelines
Parkina Areas
The parking area will not be changed.
Pedestrian and Common Space
The plans indicate the changes to crosswalks and signage for the Walmart and
Vet IQ. The door will be disability accessible. The City Engineer should
comment, if necessary, regarding the pedestrian access, crosswalks and
signage.
Landscaping
No changes to the landscape plan are proposed.
Lighting
An existing light fixture is above the door and will not be changed.
Signage
Addressed elsewhere in the planning report.
[gig]i r 01 ,
Upon review of the request for a Conditional Use Permit to allow for additional tenant
signage and Design Guidelines/Site Plan review at the Walmart for Vet IQ, located at
5815 Norell Avenue North, City Staff would recommend the project with the conditions
as follows:
1. Vet IQ shall apply for and be subject to a yearly administrative permit subject to
review and approval of the Zoning Administrator.
2. Overnight boarding of animals is not allowed in the Vet iQ space.
3. Provisions are made to control and reduce noise in accordance with Section
401.15.13.11 of this Ordinance. Animal noise shall not create issues for adjacent
properties or for tenants within a multi -tenant building.
9 of 26 OPH - CUP 1 VET IQ FINAL
4. All animal waste shall be immediately disposed of in sealed containers and
removed from the site on a regular basis so as not to create issues with odor.
Odor from the business shall not create issues for adjacent properties or tenants
within the multi -tenant building.
5. Any animal waste generated at the exterior of the property shall be the ultimate
responsibility of the applicant and property owner to address in a timely fashion;
should the applicant and owner not address this condition after reasonable notice
the City reserve the right to rescind this CUP.
6. Animals shall be leashed at all times they are outside of the building.
7. Total signage for the site shall be allowed a total of 12 wall signs with no more
than 500 square feet of sign area as long as Vet IQ is a tenant of Walmart. If Vet
IQ leaves the Walmart space, the signs will be removed and the allowance of 10
wall signs and a total of 484 square feet of sign area for the Walmart shall be
restored.
8. All proposed signage shall require a sign permit and shall be in compliance with
Section 401.15.G of the Zoning Ordinance.
9. The sign panels shall be illuminated in conformance with Section 401.15.G.4.K of
the Zoning Ordinance.
10. All light fixtures shall be full cut off and be consistent with Section 401.15.13.7 of
the Zoning Ordinance as it relates to lighting requirements.
c: Julie Hultman
G
10 of 26 OPH - CUP 1 VET IQ FINAL
Conditional Use Permit
We are seeking approval to allow for a simple veterinary quick service clinic to be located in the Walmart store
located at 5815 Norell Ave N, Oak Park Heights, MN 55082. We have opened these in several locations in Wal Marts
across the nation, our clinics do low cost vaccinations, well checks, and nail trims. We do not do any overnight stays,
surgeries, or boarding.
Webpage: ttosa/veti®oet re.co
Hours of operation: Tuesday— Saturday 10am-7pm
Full time employees: 4
1, How are the pets kept from going inside the Wal Mart?
} We build an entrance from the outside and do not allow customers toe ter from inside the
store, only the exterior entrance -
What do you do if more services are needed?
A) Our team works with local animal sit Is to refer services u f our scope,
3. Does the health department allow these clinics?
} Yes they do, we go through a use process and permittingprocess with them s well when
required. a use signage to direct our customers to our front door and not through t e store.
Developer Contact Information
RYAN SEXTON Real Estate Project Manag
a. 923 South Bridgeway Place, Eagle, Idaho 83616
11 of 26 OPH - CUP 1 VET IQ FINAL
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Conditional Use Permit
3. We have no signage on the interior denoting our entrance, our only signage and
customer entrance is on the outside of the building. The interior exit is always locked with a
key pad lock and is for employee use only. Please see representative example of another
location.
4. It's and ADA door leading to an ADA sidewalk to Handicapped parking spots. our
Casework is ADA compliant as well as our entrance.
5. We are requesting to add one small lit sign and one enclosed poster board sign.
Developer Contact Information
GK31RYAN SEXTON Real Estate Project Manager
208.939.890(! ext 369 '. 503.890.4542
1,% 923 South Bridgeway Place, Eagle, Idaho 83616
16 of 26 OPH - CUP ! VET IQ FINAL
Conditional Use Permit
Developer Contact Information
RYAN SUTON � Real Estate Project Manager
0. 208.939.8900 ext 369 �. 503.890.4542
a. 923 South Brkkje%%,ay Place, Eagle, Idaho $3616
16 of 26 OPH - CUP 1 VET IQ FINAL
6. No new lighting will be added, we will be using the exiting light.
Developer Contact Information
RYAN SEXTON ! Estate Project Manager
- .
208939.89W ext 369 '7, 503.89OA542
923 South 8ridgeee►ay Place, Eagle, Idaho 83516
17 of 26 OPH - CUP 1 VET IQ FINAL
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