HomeMy WebLinkAbout2021-10-11 PUD Amendment to CA for Recording CITY OF OAK PARK HEIGHTS
AMENDMENT TO PLANNED UNIT DEVELOPMENT,CONDITIONAL USE PERMIT,AND
SITE PLAN APPROVAL FOR WATE ENTERPRISES,INC.FOR EXTERIOR STORAGE
IMPROVEMENTS LOCATED AT 5570 MEMORIAL DRIVE,OAK PARK HEIGHTS,MN
Planners File No.: 236.02-21.07 Date Issued: October 11,2021
City Council Approval September 14,2021
Legal Description: (Washington County Geo. Code 06.029.20.24.0009)
LOT 3, BLOCK 2,WATE ADDITION
Owner: WATE ENTERPRISES,INC.
Applicant: William Zintl on behalf of Winn, LLC 11255 50th Street N., Lake Elmo,MN 55042 and.
Zintl, Inc., 5670 Memorial Avenue N., Oak Park Heights,MN 55082
Site Address: 5570 MEMORIAL DR
OAK PARK HEIGHTS,MN 50082
Present Zoning District: B-3 HIGHWAY BUSINESS AND WAREHOUSE
Permitted uses set forth in Ordinance 401 Section 401.300.E.
I. PLANNED UNIT DEVELOPMENT AMENDMENT AND CUP PERMIT FOR:
The City of Oak Park Heights received an application from WATE Enterprises, Inc. and Zintl for a
planned unit development amendment to construct screening fencing and other improvements for
exterior storage activities at its vacant lot located at 5570 Memorial Avenue, which activities are in
relation to Applicant's business operations in the adjacent business park. The existing business park was
approved in 2000 as a PUD that included the existing buildings and shared access and parking for
multiple buildings. The western portions of the subject lot have been in use for temporary exterior
storage of materials by WATE Enterprises and Zintl, Inc., including commercial vehicles, equipment,
construction materials and finished exterior building panels. Open and outdoor storage are conditional
uses in the B-3 District, and an amendment to Applicant's existing PUD for the overall commercial
office park is required to allow this use. Full screening of exterior storage of this nature is required. The
applicants propose to construct screened fencing around portions of the subject site to enclose the
aforesaid items and materials, in conformance with the City's regulation for exterior storage, as well as
addition of Class 5 gravel to a depth of six inches for driving and storage surfaces, to be added in two
phases with a final total area consisting of 48% impervious surface coverage on the lot. Exterior storage
generally requires a paved surface, so Applicant's request for use of Class 5 gravel constitutes a
conditional use. Applicants propose an 8-foot high fence, whereas zoning regulations allow up to a 7-
foot fence, so this also constitutes a conditional use. Both the gravel surfaces and 8-foot fence are
allowable by use of the flexibility of the Planned Unit Development standards. The enclosed area will
be accessed via a gate on the north side. The exterior storage plans required design guideline/site plan
review, CUP and a PUD amendment. Planning Staff prepared a report dated August 31, 2021, and the
Planning Commission held a public hearing on September 9, 2021 and recommended approval with
conditions. The City Council considered all materials, staff reports, and recommendations on September
14, 2021 and passed a Resolution approving and has approved the application, Conditional Use Permit,
Planned Unit Development Amendment, and site plan/design guidelines review subject to conditions as
follows:
II. ADDITIONAL RESTRICTIONS AND 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.
3. Applicants shall apply for a fence permit for review and approval by staff. 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 all prior CUP and/or PUD approvals granted for the subject site and overall
development shall remain in effect and shall be enforced.
III. Reference Attachment:
The report of the City Planner dated August 31,2021 and all exhibits and site plans approved by the
City Council are annexed hereto by reference as Exhibit A.
W. 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 void the permit.
V. Annual review: An annual review is not imposed as a condition of this permit.
IN WITNESS WHEREOF,the parties have set forth their hands and seals.
CITY OF OAK PARK HEIGHTS
9,
Date: 10/2,7/21).21 By /C� � c il",/,'(--
M M omber Mayor
Date: /o f cq By
Eric Jo i(on, City Administrator
WATE ENTERPRISES,INC.
Date: t o)a-R la-i By . �' _ 1
William Zintl, àjjent
WINN,LLC
Date: O) a cl (a- 1 By (.4). C-) L ,-
William Zintl,Pre,ide
ZINTL,I C. —/--�
Date: 1 °'&q 1 By `.,1lJ�—r
111
Ann Zintl, ' esid. t
This instrument drafted by:
Eckberg Lammers,P.C. (KSS)
1809 Northwestern Avenue
Stillwater,MN 55082
C.YK'x�AUA.QJ '*�
T P C 3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone:763.231.6840
Facsimile: 763.427.0520
TPC@ Pian ni ngCo.com
PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: August 31, 2021
RE: Oak Park Heights - WATE Enterprises, Inc. - Planned Unit
Development Amendment/Conditional Use Permit Review -. 5570
Memorial Avenue North
TPC FILE: 236.02 -21.07
BACKGROUND
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 KC Zintl. My wife Ann and 1 own WA.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 .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.
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.
3
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.
a 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 (Le.,
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 1 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:
1. All light fixtures shall be full cut off and be consistent with Section 401.15.6.7
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
5
Page 35 of 58
8 r
PROJECT NARRATIVE
W.A.T.E.ENTERPRISES, INC./ZINTL INC.
11255 50"'St.No.
Lake Elmo,Mn.55042
HI,
My name is Will Zinti.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 Zint1 fAPPSkn I Vice President
Zintl Inc. 15670 Memorial Avenue North,Stillwater,MN 55082
Direct:651.342.2802 I Office: 651.439.7973 I Fax: 651.439.7758
will.zintit zintlinc.com l zintlinc.com I Facebook:ZiMI Inc.
DRYWALL I PLASTERING i PAINTING I PREFAB
Stb
Page 36 of 58
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Julie Hultman
From: Julie Hultman
Sent: Tuesday, November 9, 2021 3:11 PM
To: 'Kevin Sandstrom'
Subject: WATE - Recording Requested
Attachments: SKMBT_C55421110915060.pdf
Hi Kevin,
The Notice of Certification and Document for WATE Enterprises is attached. Please record with Washington County.
Thanks you 0
Julie Hultman I Building Official
Planning&Code Enforcement
Office: 651.351.1661
From: bizhubC554@cityofoakparkheights.com <bizhubC554@cityofoakparkheights.com>
Sent: Tuesday, November 9, 2021 3:07 PM
To:Julie Hultman <jhultman@cityofoakparkheights.com>
Subject: Message from KMBT_C554
1
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:
Amendment To Planned Unit Development,
Conditional Use Permit, &Site Plan Approval
For
WA.T.E. Enterprises,Inc.
Exterior Storage Improvements
Located At
5570 Memorial 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 of Oak Park Heights, this 9th day of
November, 2021.
,..47
Eric,• son
C "Administrator
/
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