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HomeMy WebLinkAboutCC Resolution 21-09-29 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 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 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; 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 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 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: 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 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. 2 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. 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. Approved by the City Council of the City of Oak Park Heights this 14th day of September 2021. Mary c . ber, ayor ATTEST: �� Eric A. Johnson, , Administrator 3 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. ATTACHMENT B 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)