HomeMy WebLinkAbout2013-05-08 Planning Report TPC 3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231.5840
Facsimile: 763.427.0520
TPC @PlanningCo.com
PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: May 8, 2013
RE: Oak Park Heights — Zoning Ordinance Amendment - Automotive
and Boat Frame and Body Repair — As a Conditional Use Within
the B -3 Highway Business and Warehouse District.
TPC FILE: 236.01 — 13.05
BACKGROUND
The City has received a request from Hassis Paintworks that has proposed to operate a
boat body repair, fiberglass operation and gel coat repair at 5625 Memorial Avenue
within the B -3 Highway Business and Warehousing District. Currently, the B -3 District
does not allow freestanding auto or boat mechanical /body repair as a permitted or
conditional use. The zoning category auto repair major is now allowed within the B -3
District as a conditional use, but only for new and used automobile dealerships or for
establishments existing before October 2007.
The City Council, at their April 23, 2013 meeting reviewed the request from Hassis
Paintworks and directed the Planning Commission to hold a public hearing and make a
recommendation on allowing auto and boat body mechanical /body repair as a
conditional use in the B -3 District. The City Council thought that this use would be
appropriate in a business and warehouse district. Further, the City Council asked the
Planning Commission to consider whether drive thru food operations would be
appropriate in this district also.
EXHIBITS
Exhibit 1: Zoning Map
Exhibit 2: B -3 District, Section 401.300
Exhibit 3: April 17, 2013 Letter from Chris Hassis and Michael Kennedy
EXISITING B -3 LANGUAGE
The two sections of the B -3 Conditional Use Permit that currently relate to auto repair -
major are as follows:
20 5. Automobile repair -major and car washes as an accessory use limited only to new
and used automobile dealerships not including truck or other vehicle repair,
provided that:
a. Outside sales areas are fenced or screened from view of neighboring
residential uses or an abutting residential district in compliance with
Section 401.15.E of this Ordinance.
b. 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 residences and
shall be in compliance with Section 401.15.8.7 of this Ordinance.
c. Sales and storage area is blacktopped or concrete surfaced and all paved
areas are surrounded by concrete curbing.
d. The architectural appearance, scale, construction materials, and functional
plan of the building and site shall not be dissimilar to the existing nearby
commercial and residential buildings, and shall not cause impairment in
property values, or constitute a blighting influence within a reasonable
distance of the site.
e. 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.
f. All islands in the parking lot shall be landscaped.
g. A strip of not less than ten (10) feet shall be landscaped at the edge of all
parking /driveway areas adjacent to lot lines and the public right -of -way.
h. All automobile repair activities shall be conducted within the principal
structure and the doors to the service bays shall be kept closed except
when vehicles are being moved in or out of the service areas.
i. Facilities on a site contiguous to any residential district shall not be
operated between the hours of 10 :00 PM and 6 :00 AM unless otherwise
allowed by formal action of the City Council.
j. Provisions are made to control and reduce noise in accordance with
Section 401.15.B.11 of this Ordinance.
2
k. Vehicular access points shall create a minimum of conflict with through
traffic movement, shall comply with Section 401.15.F of this Ordinance
and shall be subject to the approval of the City Engineer.
1. A drainage system subject to the approval of the City shall be installed.
m. All signing and informational or visual communication devices shall be
minimized and shall be in compliance with Section 401.15.G of this
Ordinance.
n. The provisions of Section 401.03.A.7 of this Ordinance are considered
and satisfactorily met.
20 6. Auto repair - minor, auto repair -major limited to those establishments existing as of
the date of this Ordinance amendment, but not including motor fuel stations,
provided that:
a. No building or structure, permanent or temporary, driveway surfaces,
parking areas, advertising devices or other similar site improvements,
except driveways traversing a public road boulevard, shall be located
within one hundred ten (110) feet of any part of a residential district.
b. Sale or products other than those specifically mentioned in this subdivision
be subject to a conditional use permit and be in compliance with Section
401.300.E.4 of this Ordinance.
c. All conditions pertaining to a specific site are subject to change when the
Council, upon investigation in relation to a formal request, finds that the
general welfare and public betterment can be served as well or better by
modifying the conditions.
d. A strip of not less than ten (10) feet shall be landscaped at the edge of all
parking /driveway areas adjacent to lot lines and the public right -of -way.
e. All automobile repair activities shall be conducted within the principal
structure and the doors to the service bays shall be kept closed except
when vehicles are being moved in or out of the service areas.
f. Hydraulic hoists or pits and all lubrication, greasing, washing, repair or
diagnostic equipment shall be used totally enclosed within a building.
g. Facilities on a site contiguous to any residential district shall not be
operated between the hours of 10:00 PM and 6:00 AM unless otherwise
allowed by formal action of the City Council.
3
h. Facilities may offer minor auto repairs, but they shall not offer major auto
repairs, the sale or storage of junked cars, or automobile wrecking.
i. The architectural appearance and functional plan of the building and site
shall not be so dissimilar to the existing buildings or areas to cause
impairment in property values or constitute a blighting influence within a
reasonable distance of the lot.
j. The entire site other than that taken up by a building, structure or plantings
shall be surfaced with a material to control dust and drainage which is
subject to the approval of the City.
k. A drainage system subject to the approval of the City shall be installed.
1. Parking or car magazine storage space shall be screened from view of
abutting residential districts in compliance with Section 401.15.E.
m. Vehicular access points shall create a minimum of conflict with through
traffic movement, shall comply with Section 401.15.F of this Ordinance
and shall be subject to the approval of the City Engineer.
n. Provisions are made to control and reduce noise in accordance with
Section 401.15.B.11 of this Ordinance.
o. No outside storage shall be allowed except as allowed in compliance with
Section 401.15.B.14 of this Ordinance.
p. The lighting shall be accomplished in such a way as to have no direct
source of light visible from adjacent land in residential use or from the
public right -of -way and shall be in compliance with Section 401.15.B.7 of
this Ordinance.
q. All signing and informational or visual communication devices shall be
minimized and shall be in compliance with Section 401.15.G of this
Ordinance.
r. 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.
s. The provisions of Section 401.03.A.7 of this Ordinance are considered
and satisfactorily met.
4
PROPOSED B -3 LANGUAGE
In order to address boat repair, and to allow auto repair shops that are not related to a
car dealership, City Staff suggests the following language. The two auto repair sections
401.300E. 5. and 6. could be combined into one conditional use allowance. Staff has
no issues with allowing minor and major auto and boat mechanical and body repair as a
conditional use if all of the listed conditions are complied with.
5. Auto and boat repair- minor, auto and boat repair - major, auto and boat washes,
but not including motor fuel stations, provided that:
a. No building or structure, permanent or temporary, driveway surfaces,
parking areas, advertising devices or other similar site improvements,
except driveways traversing a public road boulevard, shall be located
within one hundred ten (110) feet of any part of a residential district.
b. Sale or products other than those specifically mentioned in this subdivision
be subiect to a conditional use permit and be in compliance with Section
401.300.E.4 of this Ordinance.
c. All conditions pertaining to a specific site are subject to change when the
Council, upon investigation in relation to a formal request, finds that the
general welfare and public betterment can be served as well or better by
modifying the conditions.
d. A strip of not less than ten (10) feet shall be landscaped at the edge of all
parking /driveway areas adjacent to lot lines and the public right -of -way.
e. All automobile and boat repair activities shall be conducted within the
principal structure and the doors to the service bays shall be kept closed
except when vehicles are being moved in or out of the service areas.
f. Hydraulic hoists or pits and all lubrication, greasing, washing, repair or
diagnostic equipment shall be used totally enclosed within a building.
g. Facilities on a site contiguous to any residential district shall not be
operated between the hours of 10:00 PM and 6:00 AM unless otherwise
allowed by formal action of the City Council.
h. Facilities may offer minor and major auto and boat repairs, but they shall
not offer the sale or storage of junked cars or boats, or automobile
wrecking.
i. The architectural appearance and functional plan of the building and site
shall not be so dissimilar to the existing buildings or areas to cause
impairment in property values or constitute a blighting influence within a
reasonable distance of the lot.
5
j. The entire site other than that taken up by a building, structure or plantings
shall be surfaced with a material to control dust and drainage which is
subject to the approval of the City.
k. A drainage system subject to the approval of the City shall be installed.
1. Parkinq or car magazine storage space shall be screened from view of
abutting residential districts in compliance with Section 401.15.E.
m. Vehicular access points shall create a minimum of conflict with through
traffic movement, shall comply with Section 401.15.F of this Ordinance
and shall be subject to the approval of the City Engineer.
n. Provisions are made to control and reduce noise in accordance with
Section 401.15.B.11 of this Ordinance.
o. No outside storage shall be allowed except as allowed in compliance with
Section 401.15.8.14 of this Ordinance.
p. The lighting shall be accomplished in such a way as to have no direct
source of light visible from adjacent land in residential use or from the
public right -of -way and shall be in compliance with Section 401.15.8.7 of
this Ordinance.
q. All signing and informational or visual communication devices shall be
minimized and shall be in compliance with Section 401.15.G of this
Ordinance.
r. 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.
s. The provisions of Section 401.03.A.7 of this Ordinance are considered
and satisfactorily met.
DRIVE -THRU RESTAURANTS
The City Council has also asked the Planning Commission to consider the allowance for
drive -thru restaurants as a conditional use in the B -3 District. Currently, restaurants,
cafes, tea rooms, taverns and off sale liquor without drive - through facilities are allowed
as a conditional use. That section is as follows:
20 2. Restaurants, cafes, tea rooms, taverns, and off -sale liquor without drive - through
facilities provided that:
6
Since the Kern Center was annexed into Oak Park Heights, the City has always been
careful with the mix of uses. The Comprehensive Plan specifies the land use as
business warehouse. The allowance for restaurants was made in that, at one time, the
City was favorable to a hotel and conference center locating in this area. The City has
been interested in concentrating drive - through restaurants in the B -2 and B -4 Districts
along Highway 36 where there was adequate visibility. The B -3 area was thought to be
a more appropriate area for business and warehousing. Staff would recommend that
the allowances for drive - through restaurants continue to be allowed in the B -2 and B -4
Districts, but not within the B -3 District.
CONCLUSION /RECOMMENDATION
The Planning Commission, at its May 16, 2013 meeting should open the public hearing
and consider the Zoning Ordinance amendments as proposed. The Planning
Commission should consider whether any other conditions should be added.
7
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R -1, Single Family Residential -B-W, Business/Warehouse Water N City of Oak Park Heights
R -2, Low & Medium Density Residential um I, Industrial i`.f City Limits
lit City of Oak Park Heights - R -3, Multiple Family Residential Open Space Conservation I 1 Parcels Zoning Map
FM R -B, Residential /Business Transitional - Open Space Conservation (Existing Parks)
- B-2, General Business _ PUD, Commercial Planned Unit Development
s r ® B-3, Highway Business and Warehouse - PUD, Residential Planned Unit Development
,. ;;!% B 4 , Limited B us i ness District Mi les Source: Bonestroo Engineering, 1 'T
.. _ , .. .:, „ - „_._. _ The City of Oak Park Heights, & >.
0 0.25 0.5 1 Northwest Associated Consultants. =
July 23, 2009.
r:r
EXHIBIT 2
5 401.300. B -3, HIGHWAY BUSINESS AND WAREHOUSING DISTRICT
401.300.A. Purpose. The purpose of the B -3, Highway Business and Warehousing
District is to provide for the establishment of retail and wholesale sales, storage,
warehousing and limited manufacturing and production. The overall character of the B-
3 District is intended to be transitional in nature, thus uses allowed within this district
shall be limited to those which can compatibly exist adjacent to commercial and lower
intensity activities.
401.300.B. Permitted Uses. The following are permitted uses in a B -3 District:
1. Commercial printing establishments.
2. Commercial /professional offices.
3. Conference centers.
4. Laboratories.
5. Wholesale showrooms.
20 6. Motels /hotels provided that the lot area contains not Tess than five hundred (500)
square feet of lot area per unit.
7. Banks, saving institutions, credit unions and other financial institutions without
drive in facilities.
8. Clinics for people only.
9. Indoor commercial recreation not including theatres.
10. Essential services.
11. Government and public utility buildings and structures.
12. Mortuaries or funeral homes.
13. Physical fitness, health service establishments or reducing salons.
20 14. Retail sales.
20 15. Commercial service uses.
16. Cellular telephone antennas located on a public structure, as regulated in Section
401.15 of this Ordinance.
300 -1
401.300.C. Interim Uses. The following are interim uses in a B -3 District:
1. None.
401.300.D. Accessory Uses. The following are permitted accessory uses in a B -3
District.
1. Commercial or business buildings and structures for a use accessory to the
principal use but such use shall not exceed thirty (30) percent of the gross floor
space of the principal use.
2. Off - street parking as regulated by Section 401.15.F of this Ordinance.
3. Off - street loading as regulated by Section 401.15.F of this Ordinance.
4. Radio and television receiving antennas including single satellite dish TVROs two
(2) meters or less in diameter, short-wave radio dispatching antennas, or those
necessary for the operation of household electronic equipment including radio
receivers, federally licensed amateur radio stations and television receivers, as
regulated in Section 401.15.P of this Ordinance.
5. Semi -truck parking.
6. Warehouse facilities as an accessory to a permitted or conditional use.
26 7. Solar energy systems, ground source heat pumps and wind energy systems as
regulated in Section 401.17 of this Ordinance.
401.300.E. Conditional Uses. The following are conditional uses in a B -3 District
(Requires a conditional use permit based upon procedures set forth in and regulated by
Section 401.03 of this Ordinance):
1. Drive - through for banks provided that:
a. The architectural appearance, scale, construction materials, and functional
plan of the building and site shall not be dissimilar to the existing nearby
commercial and residential buildings, and shall not cause impairment in
property values, or constitute a blighting influence within a reasonable
distance of the site.
b. Vehicular access points shall be limited and create a minimum of conflict
with through traffic movements.
300 -2
c. Service windows shall be allowed if the following additional criteria are
satisfied:
1. Not Tess than one hundred eighty (180) feet of segregated
automobile stacking lane(s) must be provided for the service
window.
2. The stacking area and its access must be designed to control traffic
in a manner to protect the pedestrians, buildings and green area on
the site.
3. No part of the public street or boulevard may be used for stacking
of automobiles.
4. The stacking lane, service intercom, and service window shall be
designed and located in such a manner as to minimize automobile
and communication noises, emissions, and headlight glare upon
adjacent premises, and to maximize maneuverability of vehicles on
the site. Levels of noise, light, and air quality shall occur and be
measured at property lines and shall satisfy established state
regulations
5. Hours of operation shall be limited as necessary to minimize the
effect of nuisance factors such as traffic, noise and glare upon any
neighboring uses.
6. The provisions of Section 401.03.A.7 of this Ordinance are
considered and satisfactorily met.
d. 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.
20 2. Restaurants, cafes, tea rooms, taverns, and off -sale liquor without drive - through
facilities provided that:
a. No convenience food establishments with or without drive - through or
drive -in facilities will be allowed.
b. Take out facilities with food and beverage served on or in disposable
dishes shall not constitute more than ten (10) percent of the food service
business.
c. The use obtains all local, state and federal food and beverage handling
licenses and /or permits.
300 -3
d. There shall be no excessive noise or odors emitted from the use.
e. There shall be no outdoor storage and /or display.
f. The hours of operation shall be limited as necessary to minimize the effect
of nuisance factors such as traffic, noise and glare upon any neighboring
uses.
g. Parking and loading areas are in conformance with the parking and
loading requirements outlined in Section 401.15.F of this Ordinance.
h. The loading spaces shall not be located within the front yard of a lot.
i. Adequate analysis and provisions are made to resolve issues related to
traffic and demand for services. No use shall be allowed that will exceed
the City's ability to provide streets, utility, police, fire, administrative or
other services to the site.
j. The provisions of Section 401.03.A.7 of this Ordinance are considered
and satisfactorily met.
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.
b. Storage is landscaped and screened from view from the public right -of-
way.
c. Storage area is blacktopped or concrete surfaced.
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.
e. The storage area does not take up parking space or loading space as
required for conformity to this Ordinance.
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.
g. The provisions of Section 401.03.A.7 of this Ordinance are considered
and satisfactorily met.
300 -4
4. Open and outdoor services, sale and rental as a principal or accessory use
including new or used automotive, trucks, boats, or motorized recreational
vehicle and related accessory sales and service provided that:
a. Outside sales areas are landscaped and fenced or screened from view of
neighboring residential uses or an abutting residential district.
b. 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 residences.
c. Areas are asphalt or concrete surfaced.
d. 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.
e. The provisions of Section 401.03.A.7 of this Ordinance are considered
and satisfactorily met.
20 5. Automobile repair -major and car washes as an accessory use limited only to new
and used automobile dealerships not including truck or other vehicle repair,
provided that:
a. Outside sales areas are fenced or screened from view of neighboring
residential uses or an abutting residential district in compliance with
Section 401.15.E of this Ordinance.
b. 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 residences and
shall be in compliance with Section 401.15.B.7 of this Ordinance.
c. Sales and storage area is blacktopped or concrete surfaced and all paved
areas are surrounded by concrete curbing.
d. The architectural appearance, scale, construction materials, and functional
plan of the building and site shall not be dissimilar to the existing nearby
commercial and residential buildings, and shall not cause impairment in
property values, or constitute a blighting influence within a reasonable
distance of the site.
e. 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.
f. All islands in the parking lot shall be landscaped.
300 -5
g. A strip of not less than ten (10) feet shall be landscaped at the edge of all
parking /driveway areas adjacent to lot lines and the public right -of -way.
h. All automobile repair activities shall be conducted within the principal
structure and the doors to the service bays shall be kept closed except
when vehicles are being moved in or out of the service areas.
i. Facilities on a site contiguous to any residential district shall not be
operated between the hours of 10:00 PM and 6:00 AM unless otherwise
allowed by formal action of the City Council.
j. Provisions are made to control and reduce noise in accordance with
Section 401.15.B.11 of this Ordinance.
k. Vehicular access points shall create a minimum of conflict with through
traffic movement, shall comply with Section 401.15.F of this Ordinance
and shall be subject to the approval of the City Engineer.
A drainage system subject to the approval of the City shall be installed.
m. All signing and informational or visual communication devices shall be
minimized and shall be in compliance with Section 401.15.G of this
Ordinance.
n. The provisions of Section 401.03.A.7 of this Ordinance are considered
and satisfactorily met.
20 6. Auto repair- minor, auto repair -major limited to those establishments existing as of
the date of this Ordinance amendment, but not including motor fuel stations,
provided that:
a. No building or structure, permanent or temporary, driveway surfaces,
parking areas, advertising devices or other similar site improvements,
except driveways traversing a public road boulevard, shall be located
within one hundred ten (110) feet of any part of a residential district.
b. Sale or products other than those specifically mentioned in this subdivision
be subject to a conditional use permit and be in compliance with Section
401.300.E.4 of this Ordinance.
c. All conditions pertaining to a specific site are subject to change when the
Council, upon investigation in relation to a formal request, finds that the
general welfare and public betterment can be served as well or better by
modifying the conditions.
300 -6
d. A strip of not Tess than ten (10) feet shall be landscaped at the edge of all
parking /driveway areas adjacent to lot lines and the public right -of -way.
e. All automobile repair activities shall be conducted within the principal
structure and the doors to the service bays shall be kept closed except
when vehicles are being moved in or out of the service areas.
f. Hydraulic hoists or pits and all lubrication, greasing, washing, repair or
diagnostic equipment shall be used totally enclosed within a building.
g. Facilities on a site contiguous to any residential district shall not be
operated between the hours of 10:00 PM and 6:00 AM unless otherwise
allowed by formal action of the City Council.
h. Facilities may offer minor auto repairs, but they shall not offer major auto
repairs, the sale or storage of junked cars, or automobile wrecking.
The architectural appearance and functional plan of the building and site
shall not be so dissimilar to the existing buildings or areas to cause
impairment in property values or constitute a blighting influence within a
reasonable distance of the lot.
j. The entire site other than that taken up by a building, structure or plantings
shall be surfaced with a material to control dust and drainage which is
subject to the approval of the City.
k. A drainage system subject to the approval of the City shall be installed.
I. Parking or car magazine storage space shall be screened from view of
abutting residential districts in compliance with Section 401.15.E.
m. Vehicular access points shall create a minimum of conflict with through
traffic movement, shall comply with Section 401.15.F of this Ordinance
and shall be subject to the approval of the City Engineer.
n. Provisions are made to control and reduce noise in accordance with
Section 401.15.B.11 of this Ordinance.
o. No outside storage shall be allowed except as allowed in compliance with
Section 401.15.B.14 of this Ordinance.
p. The lighting shall be accomplished in such a way as to have no direct
source of light visible from adjacent land in residential use or from the
public right -of -way and shall be in compliance with Section 401.15.B.7 of
this Ordinance.
300 -7
q. All signing and informational or visual communication devices shall be
minimized and shall be in compliance with Section 401.15.G of this
Ordinance.
r. 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.
s. The provisions of Section 401.03.A.7 of this Ordinance are considered
and satisfactorily mete.
7. Mini - storage facilities provided that:
a. At least twenty (20) percent of the site is open, green space which is
sodded and landscaped in accordance with a plan approved by the City
Council.
b. Building coverage shall not exceed sixty (60) percent of the lot area.
c. Parking, loading, driveway and fire lane design shall be subject to review
and approval of the City Staff and Fire Marshal.
d. Adequate space is provided for snow storage.
e. Fire hydrant location shall be subject to review and approval of the Fire
Marshal.
f. All driveways and parking areas are to be hard (blacktop or concrete)
surfaced and adequate turning radius for fire truck maneuverability is to be
maintained throughout the site. Designated snow storage space is to be
provided to insure adequate and safe access during winter months.
g. In an "on- premises" caretaker dwelling unit is provided on site,
constructions of said dwelling unit shall conform to all design standard
regulations for dwelling units of the Minnesota State Building Code and
the Oak Park Heights Zoning and Building Code. The occupancy and
minimum interior and floor area standards shall be controlled by Sections
401.15.0 of this Ordinance. Off - street parking shall be made available for
said dwelling unit in conformance with Section 401.15.F.
h. Any structures having exposure to an adjacent residential use or public
right -of -way, park, or similar public use areas shall be of brick, rock face
block, natural stone, wood, or stucco facing material.
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I. No retailing, wholesaling, manufacturing, repair, or other such activity
other than storage is to occur within the self storage, mini - warehousing
facility.
j. 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.
k. The provisions of Section 401.03.A.7 of this Ordinance are considered
and satisfactorily met.
8. Landscape sales and material storage provided that:
a. There are no growing fields on the site.
b. Outdoor sales /display area shall be limited to thirty (30) percent of the
gross lot area and be in conformance with the performance standards of
Section 401.15.B.14 of this Ordinance.
c. 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.
d. The provisions of Section 401.03.A.7 of this Ordinance are considered
and satisfactorily met.
9. Commercial PUD as regulated by Section 401.06 of this Ordinance.
10. Cellular telephone antennas not located on a public structure provided that:
a. The provisions of Section 401.03.A.7 and Section 401.15.P of this
Ordinance are considered and satisfactorily met.
11. Manufacturing, compounding, assembly, packaging, treatment or storage of
products and materials as accessory use provided that:
a. The proposed use complies with the performance standards outlined in
Section 401.15.B and all other applicable provisions of this Ordinance.
b. All manufacturing and assembly operations shall be enclosed within a
building.
c. 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
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ability to provide utility, police, fire, administrative or other services to the
site.
d. The provisions of Section 401.03.A.7 of this Ordinance are considered
and satisfactorily met.
12. Animal clinics provided that:
a. There shall be no outdoor animal pens or runs.
b. The provisions of Minnesota Pollution Control Agency Regulations SW
53(2) are complied with.
c. All other applicable state and local regulations pertaining to nuisance,
health and safety conditions, etc. are complied with.
d. 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.
e. The provisions of Section 401.03.A.8 of this Ordinance are considered
and satisfactorily met.
13. Distribution centers provided that:
a. The storage areas and loading docks are landscaped, fenced and
screened from view of neighboring uses and abutting residential districts.
b. The driveways, storage areas and loading docks are blacktopped or
concrete surfaced.
c. 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.
d. A drainage system subject to the approval of the City shall be installed.
e. Vehicular access points shall create a minimum of conflict through traffic
movement.
f. Provisions are made to control and reduce noise in accordance with
Section 401.15.B.11 of this Ordinance.
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g. The proposed use complies with the performance standards outlined in
Section 401.15.B and all other provisions of this Ordinance.
h. 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.
i. The provisions of Section 401.03.A.7 of this Ordinance are satisfactorily
met.
14. Day treatment, human services and counseling programs provided that:
a. Provisions are made to issue compatibility with surrounding uses.
b. All State laws and statutes governing such use are strictly adhered to and
all required operating permits are secured.
c. Adequate off - street parking is provided in compliance with Section
401.15.F of this Ordinance.
d. Adequate areas are provided for loading and unloading of vans, buses or
other mass transit vehicles.
e. 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.
f. The provisions of Section 401.03.A.7 of this Ordinance are considered
and satisfactorily met.
15. Continuing education programs, business, commercial and trade schools
provided that:
a. Provisions are made to issue compatibility with surrounding uses.
b. All State laws and statutes governing such use are strictly adhered to and
all required operating permits are secured.
c. Adequate off- street parking is provided in compliance with Section
401.15.F of this Ordinance.
d. Adequate areas are provided for loading and unloading of vans, buses or
other mass transit vehicles.
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e. 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.
f. The provisions of Section 401.03.A.7 of this Ordinance are considered
and satisfactorily met.
16. Day care - group nursery provided that:
a. Provisions are made to ensure compatibility with surrounding uses.
b. Adequate area is provided within the plan for outdoor play areas.
c. All fire codes as applicable are complied with.
d. All applicable state and local regulations pertaining to child care facilities
are complied with.
e. Adequate areas are provided for child drop -off.
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.
g. The provisions of Section 401.03.A.8 of this Ordinance are considered
and satisfactorily met.
27 17. Buildings in excess of three (3) stories or thirty -five (35) feet provided that:
a. The site is capable of accommodating the increased intensity of use.
b. The increased intensity of use does not cause an increase in traffic
volumes beyond the capacity of the surrounding streets.
c. Public utilities and services are adequate.
d. For each additional story over three (3) stories or for each additional ten
(10) feet above thirty -five (35) feet, front and side yard setback
requirements shall be increased ten (10) feet.
e. The project shall comply with the Minnesota Sustainable Building 2030
(SB2030) energy standards and Minnesota Sustainable Building
Guidelines (B3) or as amended.
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f. There shall be no parking in the yards facing adjacent rights of way.
g. On the third and upper floors, windows and /or architectural features that
provide interest shall be included on all four sides of the building when
permitted within the building code.
h. Abrupt changes in building heights and /or roof orientation shall be
diminished by offsets of building form and mass.
i. Recesses and projections to visually divide building surfaces into smaller
scale elements shall be included.
j. Color shall be used to visually reduce the size, bulk and scale of the
building.
k. Buildings forty (40) feet or over shall provide rooflines with articulated
features.
I. Location of back flow prevention devices and the fire sprinkler riser shall
be identified on project plans submitted for site and design review and
shall be located inside the building.
m. The provisions of Section 401.03.A.8 of this Ordinance are considered
and satisfactorily met.
401.300.F. Access.
1. Access to industrial development shall be allowed only on arterial or collector
streets, or a street specifically designed for such development.
2. Curb cut widths and locations shall comply with the provisions of Section
401.15.F.4. H.8.
3. Industrial developments of a small scale shall be encouraged to develop a
common access drive and parking facilities. Incentives, such as reduction in
setback and /or parking requirements may be provided at the discretion of the
City Council.
4. A turning lane and its appropriate right -of -way must be provided if the City
Council determines that one is needed.
401.300.G. Lot Coverage. Not less than twenty (20) percent of the buildable portion
of the lot, parcel or tract of land shall remain as a grass plot including fencing and
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landscaping with shrubbery and plantings. A lesser area may be devoted to a grass
plot only via a conditional use permit, provided that:
1. An allowance is made for increased amenities, landscaping or quality of
construction as determined by the City Council.
2. In no case shall less than ten (10) percent of the buildable portion of the lot,
parcel or tract of land remain as a grass plot.
3. The provisions of Section 401.03 of the Ordinance are considered and
satisfactorily met.
401.300.H. Building Type and Construction. All building materials and construction
must be in conformance with Section 401.15.C.8 of this Ordinance and the Design
Guidelines.
401.300.1. Parking. Detailed parking plans in accordance with Section 401.15.F of
this Ordinance and the additional requirements of the section listed below, shall be
submitted for City review and approved before a building permit may be obtained.
1. The parking area shall be set back a minimum of ten (10) feet from any property
line.
2. The parking lot in front of the building shall be screened from the public right -of-
way and from adjoining property in conformance with the provisions of Section
401.15.E. of this Ordinance.
3. All parking areas and driveways shall be surfaced with asphalt, concrete,
cobblestone or paving brick.
4. Perimeter curbing shall be required around entire parking lots, no closer than ten
(10) feet from any lot line.
5. Any lighting used to illuminate an off - street parking area shall be hooded and so
arranged as to reflect light away from adjoining property, abutting residential
uses and public rights -of -way.
6. Grass, plantings, or screening shall be provided in all areas bordering the parking
lot. The screening shall be strictly vegetation, earth berming, or a combination of
the two.
7. The screening shall occur, at a minimum, along the outermost medians of the
parking area, at every second median within the lot, and at the ends of each
parking row.
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8. The medians shall not exceed three (3) feet in height, nor be at a slope greater
than twenty (20) percent.
401.300.J. Loading. Any structure erected or altered for a use which requires the
receipt or distribution of materials or merchandise by trucks or similar vehicles shall
provide off - street loading space in conformance with the provisions of Section 401.15.F
of this Ordinance and the following additional requirements:
1. A detailed off - street loading plan including berths, area, and access shall be
submitted to the City for review and approval prior to issuance of a building
permit.
2. The location of the loading area shall not be in the front of the building.
3. All areas intended to be used for loading including access shall be surfaced with
bituminous or concrete.
4. All loading areas shall be screened from surrounding areas by means of
vegetative plantings, berming, and /or a screening fence specified as follows:
a. A vegetative planting strip or grouping shall consist of evergreen trees
and /or deciduous trees and plants and shall be of sufficient width and
density to provide an effective visual screen. This planting area shall be
designed to provide complete visual screening to a minimum height of six
(6) feet. Earth mounding or berms may be used but shall not be used to
achieve more than three (3) feet of the required screen. The planting plan
and type of plantings shall require the approval of the City Council.
b. A required screening fence shall be constructed of masonry, brick, or
wood. Such fence shall provide a solid screening effect eight (8) feet in
height. The design and materials used in constructing a required
screening fence shall be subject to the approval of the City Council.
Fences in excess of eight (8) feet in height shall require approval of the
Zoning Administrator and Building Official.
401.300.K. Trash Receptacles. All buildings in which exterior storage, trash
storage, and /or handling is provided shall provide an enclosed trash receptacle area in
conformance with the following:
1. Exterior wall treatment shall be similar and /or complement the principal building.
2. The enclosed trash receptacle area shall be located in the rear of side yard.
3. The trash enclosure must be an accessible location for pick up hauling vehicles.
300 -15
4. The trash enclosure must be fully screened from view of adjacent properties.
5. Construction of the trash receptacle enclosure is subject to approval of the City
Building Official.
401.300.L. Screening. The screening of outdoor storage areas, heating /air
conditioning units, exhaust/fan equipment, trash receptacles, rooftop equipment, and
other deterrent elements shall be screened from all surrounding areas by means of
planting, berming, and /or a screening fence or other means determined appropriate by
the City Building Official. The planting and Berming specifications listed in Section
401.15.E. of this Ordinance are also applicable in this case, however, the height of the
screening fence need only be of sufficient height to completely and safely conceal the
deterrent element.
401.300.M. Landscaping. A detailed landscaping plan in conformance with Section
401.15.E. of this Ordinance shall be submitted to the City Council and approved before
a building permit may be obtained and shall be in conformance with the following
requirements.
1. The regulations and requirements set forth in the zoning and subdivision
regulations shall apply to all vegetative treatments within the study area relative
to the quality, sizes, and specifications of plant materials.
2. All landscape and vegetative treatments shall be in conformance with the overall
site plan. It is the responsibility of the property owner to meet and maintain this
requirement.
3. Unique land features, i.e., topography, vegetation, wetlands, drainageways shall
be preserved and /or addressed to achieve the most positive functional and
aesthetic results. Every effort should be made to preserve features of the land to
create passive open spaces.
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ASS S
PA Y; 1 1. ; R
A44040.44;44 444 M
440 190' Avenue, Somerset WI 54025
April 17, 2013
EXHIBIT 3
City of Oak Park Heights Council
P.O. Box 2007
Oak Park Heights, MN 55082
Attention: Julie Hultman
We would like to propose an amendment to the B3 Zoning Warehouse District Area to accept a
conditional use permit for boat bodywork repair, fiberglass application, and gel coat repair at the
property of 5625 Memorial Avenue North.
Sincerely,
Chris Hassis Michael A. Kennedy
Hassis Paintworks, LLC Stillwater West LLC
651- 786 -9114 651 -439 -0419
RECEIVED APR 17 Z015