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Home My WebLink About2021-09-14 CC Packet Enclosure0 Oak Park Heights Request for Council Action Meeting Date September 14th, 2021 Time Required: 5 Minutes Agenda Item Title: WATE Enterorises - Planned Unit Development Amendment - 5570 Memorial Ave. N. - OUTDOOR STORAGE Agenda Placement New Business Originating Department/Requestor: Eric Johnson, City Administrator Requester's Signature 40*1— Action Requested Discussion, Possible Action Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Please see the attached from Scott Richards, City Planner 1. Planning Report – Dated August 31 st 2021 2. Approved Planning Commission Resolution – Unsigned 3. Proposed City Council Resolution. Page 30 of 58 &VIZUWz TPC3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231 .5840 Facsimile: 763.427.0520 TPC@P1ann1ngCo.corn PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: August 31, 2021 RE: Oak Park Heights - WATE Enterprises, Inc. — Planned Unit Development AmendmenttConditional Use Permit Review • 5570 Memorial Avenue North TPC FILE: BACKGROUND 236.02 — 21.07 Will Zintl, representing WATE Enterprises, Inc. has made application for a Planned Unit Development (PUD) Amendment and Conditional Use Permit (CUP) review to allow the use of a lot for outdoor storage at 5570 Memorial Avenue North. A PUD/CUP is required in that a storage area with fencing is being proposed for the property. The site has been vacant and WATE Enterprises, Inc has been using it for temporary storage. The property is zoned B-3 Highway Business District with a PUD that was approved to allow joint access and parking for a coordinated development plan for the business development. This property received PUD approval in 2006 for two warehouse buildings and a cold storage building. The PUD was amended in 2008 to allow for a two-story office and warehouse building as well as a cold storage building. In that the property was not developed, the PUD approvals for the warehouse, office and cold storage buildings were allowed to expire although the site is part of the overall PUD. EXHIBITS The review is based upon the following submittals: Exhibit 1: Project Narrative Exhibit 2: Site Plan (A100) Exhibit 3: Photometric Plan (PH -1) Exhibit 4: Light Fixture Specifications Exhibit 5: Site Pictures Page 31 of 58 PROJECT DESCRIPTION The Applicant has provided the following project narrative: Hi, my name is Will Zintl. My wife Ann and I own W.A. T.E. ENTERPRISES, INC., and ZINTL INC. We currently own a vacant lot at 5570 Memorial Avenue North, Oak Park Heights, MN 55082. On the vacant lot we are planning to fence in the area for outdoor storage towards the middle/back of the lot. Our plan is to do phase f for now and see how our outdoor storage needs are needed. If we need additional outdoor storage space, then we would move forward on to phase 2. If our business continues to grow our plan down the road is to build a new office/warehouse in front of the new fenced in area of the outdoor storage area. ISSUES ANALYSIS Comprehensive Plan. The property is designated as Highway Business Warehouse on the Proposed Land Use Map. The continued use of the site for business, warehouse and manufacturing use is consistent with the Comprehensive Plan. Zoning. The property is zoned B-3 Highway Business and Warehousing District. The WINNPARK Business Center was approved as a PUD to allow multiple commercial buildings within the development with shared access and parking. Within the B-3 District, open and outdoor storage areas including the parking of commercial vehicles in excess of that allowed as a permitted accessory use, is a conditional use. The expansion of the business at 5650 Memorial Avenue North and the ongoing storage needs of the company necessitate the storage area. The Applicant has indicated that construction equipment, building materials and finished exterior panels ready for delivery will be stored on the subject site. As part of the B-3 District requirements, the storage area will need to be screened. Section 401.300.E. of the B-3 District lists the conditions for consideration of outdoor storage. The criteria are reviewed later in this report. Setbacks. The Zoning Ordinance specifies a 10 -foot setback for storage areas, driveways, and parking. The phase 1 and phase 2 storage areas are setback from the south property line 10 feet. A setback is not required to the north in that the property adjoins the business center. Phase 2 is adequately setback from the rear property line and will not impact the existing slope and trees. Impervious Surface Coverage. The B-3 District limits the site to 80 percent impervious surface coverage. The site plan indicates the proposed impervious surface calculations. Phase 1 is proposed with six inches of Class 5 gravel resulting in an impervious surface coverage of 26 percent. Phase 2 will also be Class 5 gravel and add another 22 percent of impervious for a total of 48 percent coverage. The Applicant has indicated that with development of the front of the site with a building, the storage areas would then be curbed and paved. The Planning Commission should discuss 2 Page 32 of 58 whether to allow the temporary surface now without curbing or require the pavement and curbing as part of this approval. Traffic Circulation. The storage area will be accessed by one gate on the north side of the site between the 5600 and 5610 buildings. There will be no impact to the existing parking or site circulation with the proposed access location. Fencing. The site plan shows an eight -foot cedar fence on the front and south sides of the site to provide screening. An eight -foot chain link fence with slats will provide screening on the north side which would only be visible from the business center. The fence on the south is to be placed on the property line. The fence standards of the Zoning Ordinance specify that fences no more that 7 feet can be placed within ten feet from a common property line. The PUD approvals would allow for the taller fence to screen the site from the Post Office. The Zoning Ordinance also indicates that the property owner shall provide written notification to the adjoining property owner concurrent with the application for a building permit. That will be a condition of approval. Lighting. The lighting plans indicate that two freestanding light fixtures are to be installed on the north and east sides of the storage areas. The fixtures are to be LED, full cut off and are required to be less than 25 feet in total height. The Zoning Ordinance states that no light source or combination thereof which cast light on a public street shall exceed one (1) foot candle meter reading as measured from the centerline of said street nor shall any light source or combination thereof which cast light on adjacent property exceed four -tenths (0.4) foot candles as measured at the property line. A photometric plan has been submitted that complies with the standard. Signage. No additional signage is proposed with this building expansion. Grading. No grading of the site is being proposed. The site plan shall be subject to review and approval of the City Engineer and Brown's Creek Watershed District if required. Trees. No trees are to be removed with either phase 1 or 2. Conditional Use Permit Criteria. The criteria for review of outdoor storage areas as found in Section 401.300.E is as follows: 3. Open and outdoor storage including the parking of commercial vehicles in excess of that allowed as a permitted accessory use provided that: a. The storage area is landscaped, fenced, and screened from view of neighboring uses and abutting residential districts. Comment: The storage area will be fenced on three sides and existing tree cover will provide screening on the west side of the site. Page 33 of 58 b. Storage is landscaped and screened from view from the public right-of- way. Comment: The storage area is to be screened from Memorial Avenue North by an 8 -foot fence. C. Storage area is blacktopped or concrete surfaced. Comment: The Planning Commission should comment. The PUD approvals could allow the site to be paved with Class 5 gravel with no curbing until the front of the site is developed. The Applicant has not firmed up plans for the future development In that buildings could be placed at the mid to rear portion of the site and pavement/curb may need to be removed if required at this time. d. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring properties. Comment: The lighting plan indicates that the fixtures will be full cut off and the photometric plan complies with the lighting standards. e. The storage area does not take up parking space or loading space as required for conformity to this Ordinance. Comment: The storage area does not take up parking or loading space for the business center. f. Adequate analysis and provisions are made to resolve issues related to demand for 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. Comment: The storage area will have no impact to demand for City services. g. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. Comment: The criteria are reviewed as follows. In evaluation of the requested Conditional Use Permit for outdoor storage, Section 401.04.A.7 of the Zoning Ordinance directs the Planning Commission and City Council to consider the possible effects of the proposed use, with that judgment based upon (but not limited to) the following factors: a. Relationship to the specific policies and provisions of the municipal comprehensive plan. b. The conformity with present and future land uses in the area. 4 Page 34 of 58 C. The environmental issues and geographic area involved. d. Whether the use will tend to or actually depreciate the area in which it is proposed. e. The impact on character of the surrounding area. f. The demonstrated need for such use. g. Traffic generation by the use in relation to capabilities of streets serving the property. h. The impact upon existing public services and facilities including parks, schools, streets, and utilities, and the City's service capacity. i. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.) The proposed storage area will be adequately screened and should provide no negative impacts for the area. The Applicant has utilized the site for temporary storage. The improvements to the site, including the fencing, lighting, and gravel surface will provide a better situation in terms of site appearance. CONCLUSION/RECOMMENDATION Subject to the preceding review, City staff recommends approval of a Planned Unit Development Amendment and Conditional Use Permit review to allow the use of the lot for outdoor storage at 5570 Memorial Avenue North, subject to the conditions that follow: 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. 2. The Planning Commission should comment on the proposed Class 5 gravel surface and make a recommendation whether that is adequate or if the storage area should be curbed and paved. 3. The Applicant shall provide written notification of the screening fence to the adjoining property owner to the south concurrent with the application for a fence permit. 4. The site plan shall be subject to review and approval of the City Engineer and Brown's Creek Watershed District if required. 5. All conditions of the PUD approvals granted for the subject site shall remain in effect and shall be enforced. pc: Julie Hultman Page 35 of 58 84 *- PROJECT NARRATIVE W.A.T.E. ENTERPRISES, INC./ ZINTL INC. 11255 Se St. No. Lake Elmo, Mn. 55042 HI, My name is Will Zintl. My wife Ann and I own W.A.T.E. ENTERPRISES, INC. and ZINTL INC. We currently own a vacant lot at 5570 Memorial Ave. No. Oak Park Heights, Mn. 55082. On the vacant lot we are planning to fence in an area for outdoor storage towards the middle/back of the lot. Our plan is to do phase 1 for now and see how our outdoor storage needs are needed. If we need additional outdoor storage space, then we would move forward on to phase 2. If our business continues to grow our plan down the road is to build a new office/warehouse in front of the new fenced in area of the outdoor storage area. Any questions feel free to give me a call. Thanks, Will Zintl I .ZV_Ao% I Vke President Zintl Inc. 1 567D Memorial Avenue North, Stillwater, MN 55092 Direct: 651342.28021 Office: 651.439.7973 1 Fax: 651.439.7758 will.zintif@zintlinc.com I zintline.com I Facebook: Zintl Inc. DRYWALL I PLASTERING I PAINTING I PREFAB do Page 36 of 58 3 r C Page 37 of 58 Page 38 of 58 '"-�� 0 � � �! ainuai® g ruaoHanxranvivraowaNatss Q2lli'A 30WHO1S I � „�,..,,�, I 6L66 V�+� 377 `NNM _ ,r a •f ' n _r �I 6 �I � C li4 e { o o I{ p 4 IJ 38 i 0 Syp � S G Page 38 of 58 RSX2 LED Area Luminaire .%n iGRR29 ,�. n � i<r;-=- Introduction &j.04- Specifications EPA 0.69 W(0.06 me) t tvn. 1.6yyOft 29.3•(74.4== (SPA mount) , YVIdtl1: 13.4•(34.0 mm) Might 3.0'(7.6 an) Ment Body 72" (18.3 an) Arm Weiaht 30.0 Ws (13.6 kg) (SPAmPwrM The new RSX LED Area family delivers maximum value by providing significant energysevings, long life and outstanding photometric performance at an affordable price. The RSX2 delivers 11,000to 31,000 lumens allowing it to replace 25M to 100OW HID luminaires. The RSX features an integral universal mounting mechanism that allows the luminaire to be mounted on most existing drill hole patterns. This "no -drill" solution provides significant laborsaving& An easy -access door on the bottom of mounting arm allows for wiring without opening the electrical compartment. A mast arm adaptor, adjustable integral slipfitter and other mounting oonflguradons are available. • EXAMPLE: RS)(2 LED P6 40K R3 MVOLT SPA DDBXD BSUIN RMLED n nA M 12 Tjpe2WAe BNR a2I14m, PEE n 40% 4090E 10 ty omk MA3O a41v4w, rmduDeMWWTft2) Pi SK SOOOE 035 *390 AY012 arra am• ADM M PAD M TypNWtle WWMdk"bp(er o -10P r•Rdwthddhmigkred M PS apeRl oAeredsepxAel°R MS T004YW "MUNWO P6 DS 6"S". 1m' 222' RA Typessmr' 206, W. APO Au 6xranR.w NO' 'BID' AMD ARamd3akauA4w a9kamw ANL90 Aummoda NMIlaw lehAdmd 3Nbpa k"W 1a Neae3ldeMd' PE Pl W ftke,,D[e" PEE PhGmnOd MaMltloedei, dpv+6le!" 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FN.14D0.]DSSM(? •now eeuryb a+d: nom L/0"TWO 02011-2021grwgermdrudwg.Am,AndghUrwv OOMMER eALOe1DOOR DOM MUD) DDA® Ma ODM DBI92D DNATED DWN aD DartOr me Bled RMM1 ftM ante TedMOADrna ldaaed Bled kn ndP"AaumFae k uredM& U"M.RBxt LED a.•.mnam P.Be 1 d9 Page 39 of 58 � � - �_ � �:�"=, is �• .. r. �. tit, �. 1 __ `.�,.� ... .. IY T Y� _ 1 � �. � `♦ . \' • - f. }`y '�•:ti. Ill �fe ft /�r�l ,'n`_ M/_ '''-i0.,+�YY+ti�� J/� J(�`'f.��.:... .� 1 � �.. � � t4�,��1 � /. % •�' � � f r � 1- . �,.,1: I J :. . ;.: .. ... d • .f�" �,. � ,�- .f 1._ ��\a ��❑� vaoaarwr Suoa+ana Rvo �vrtwvav ovs C� r ASINdb31N3 31vM qU 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 FROM WILL ZINTL REPRESENTING WATE ENTERPRISES, INC. FOR A PLANNED UNIT DEVELOPMENT AMENDMENT/CONDITIONAL USE PERMIT TO ALLOW DEVELOPMENT OF AN OUTDOOR STORAGE AREA AT 5570 MEMORIAL AVENUE NORTH, SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Will Zintl, representing WATE Enterprises, Inc. for a Planned Unit Development Amendment/ Conditional Use Permit to allow development of an outdoor storage area at 5570 Memorial Avenue North, and after having conducted a public hearing relative thereto, the Planning 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 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 is zoned B-3 Highway Business and Warehousing District; and 4. The City Council approved a Planned Unit Development for the WINNPARK Business Center in 2000; and 5. Approvals in 2006 and 2008 allowed for development of warehouse buildings, office space and cold storage facilities that were not constructed; and Page 42 of 58 6. The lot at 5570 Memorial Avenue North is vacant, but has been used for temporary storage by WATE Enterprises, Inc.; and 7. The Applicant proposes to use the lot for outdoor storage of construction equipment, building materials, and finished exterior building panels within a fenced area; and 8. Open and outdoor storage areas are a Conditional Use in the B-3 Highway Business and Warehousing District; and 9. A Planned Unit Development Amendment is required to allow for the construction of the outdoor storage area and changes to the site; and 10. City staff prepared a planning report dated August 31, 2021, reviewing the request; and 11. Said report recommends approval of the Planned Unit Development/Conditional Use Permit subject to the fulfillment of conditions; and 12. The Planning Commission held a public hearing at their September 9, 2021, 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 for a request Will Zintl, representing WWN, LLC, for a Planned Unit Development Amendment/Conditional Use Permit to allow development of an outdoor storage area at 5570 Memorial Avenue North, and affecting the real property as follows: SEE ATTACHMENT A Be the same as hereby recommended to the City Council of the City of Oak Park Heights for approval with the following conditions: 1. 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. 2. The Planning Commission approved the plan with the storage area allowed as Class 5 gravel surface and no curb and gutter to be required at this time. The Applicant shall provide written notification of the screening fence to the adjoining property owner to the south concurrent with the application for a fence permit. Page 43 of 58 4. The site plan and any stockpiling of fill material shall be subject to review and approval of the City Engineer and Brown's Creek Watershed District if required. 5. All tree removal shall be subject to the review of the City Arborist. If a tree replacement plan is required, it shall be subject to the City Arborist approval. 6. All conditions of the PUD approvals granted for the subject site shall remain in effect and shall be enforced. Recommended by the Planning Commission of the City of Oak Park Heights this 9th day of September 2021. Timothy Freeman, Chair ATTEST: Eric A. Johnson, City Administrator Page 44 of 58 RESOLUTION NO. 21-09-29 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 FROM WILL ZINTL REPRESENTING WATE ENTERPRISES, INC. FOR A PLANNED UNIT DEVELOPMENT AMENDMENT/CONDITIONAL USE PERMIT TO ALLOW DEVELOPMENT OF AN OUTDOOR STORAGE AREA AT 5570 MEMORIAL AVENUE NORTH, SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Will Zind, representing WATE Enterprises, Inc. for a Planned Unit Development Amendment/ Conditional Use Permit to allow development of an outdoor storage area at 5570 Memorial Avenue North, and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended the application 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 is zoned B-3 Highway Business and Warehousing District; Mork 4. The City Council approved a Planned Unit Development for the WINNPARK Business Center in 2000; and 5. Approvals in 2006 and 2008 allowed for development of warehouse buildings, office space and cold storage facilities that were not constructed; and Page 45 of 58 6. The lot at 5570 Memorial Avenue North is vacant, but has been used for temporary storage by WATE Enterprises, hic.; and 7. The Applicant proposes to use the lot for outdoor storage of construction equipment, building materials, and finished exterior building panels within a fenced area; and 8. Open and outdoor storage areas are a Conditional Use in the B-3 Highway Business and Warehousing District; and 9. A Planned Unit Development Amendment is required to allow for the construction of the outdoor storage area and changes to the site; and 10. City staff prepared a planning report dated August 31, 2021, reviewing the request; and 11. Said report recommends approval of the Planned Unit Development/Conditional Use Permit subject to the fulfillment of conditions; and 12. The Planning Commission held a public hearing at their September 9, 2021, meeting, took comments from the applicants and public, closed the public hearing, and recommended the application 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 for a request Will Zintl, representing WINN, LLC, for a Planned Unit Development Amendment/Conditional Use Permit to allow development of an outdoor storage area at 5570 Memorial Avenue North, and affecting the real property as follows: SEE ATTACHMENT A Be the same as hereby approved by the City Council of the City of Oak Park Heights with the following conditions: 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. 2. The City Council approves the plan with the storage area allowed as a Class 5 gravel surface and no curb and gutter to be required at this time. Page 46 of 58 3. The Applicant shall provide written notification of the screening fence to the adjoining property owner to the south concurrent with the application for a fence permit. 4. The site plan and any stockpiling of fill material shall be subject to review and approval of the City Engineer and Brown's Creek Watershed District if required. All tree removal shall be subject to the review of the City Arborist. If a tree replacement plan is required, it shall be subject to the City Arborist approval. 6. All conditions of the PUD approvals granted for the subject site shall remain in effect and shall be enforced. Approved by the City Council of the City of Oak Park Heights this 14th day of September 2021. Mary McComber, Mayor ATTEST: Eric A. Johnson, City Administrator Page 47 of 58 ATTACHMENT A Planned Unit Development (PUD) Amendment, Conditional Permit Outdoor Storage Area WATE ENTERPRISES, INC. 5570 Memorial Ave. N. Washington County GEO Code: 06.029.20.24.0009 Legal Description: Lot 3, Block 2, Kern Center 2nd Addition Street Address: 5570 Memorial Ave. N. Page 48 of 58 ATTACHMENT B 0 Planned Unit Development (PUD) Amendment, Conditional Permit Outdoor Storage Area WATE ENTERPRISES, INC. 5570 Memorial Ave. N. Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (500' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal Description(s) Planning Commission Public Hearing & Recommendation: September 9, 2021 Required Approvals: PUD Amendment & CUP City Council 4/5 Planned Unit Development 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) 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) Page 49 of 58