HomeMy WebLinkAbout07-11-2013 Planning Commission Meeting Packet - No Quorum CITY OF OAK PARK HEIGHTS
PLANNING COMMISSION MEETING AGENDA
THURSDAY, JULY 11, 2013
7:00 P.M.
I. Call to Order & Welcome Commissioner Beth Nelson
II. Approval of Agenda
III. Approve May 16, 2013 Planning Commission Minutes (1)
IV. Department / Commission Liaison / Other Reports
V. Visitors /Public Comment
This is an opportunity for the public to address the Commission with questions or concerns not on
the agenda. Please limit comments to three minutes.
VI. Public Hearings
A. Hassis Paintworks: Consider request for a Conditional Use Permit to
allow boat repair, located at 5625 Memorial Ave. N. (2)
VII. New Business
VIII. Old Business
IX. Informational
A. Upcoming Meetings:
• Tuesday, July 23, 2013 City Council 7:00 p.m. /City Hall
• Tuesday, August 13, 2013 City Council 7:00 p.m. /City Hall
• Thursday, August 15, 2013 Planning Commission 7:00 p.m. /City Hall
• Tuesday, August 27, 2013 City Council 7:00 p.m. /City Hall
B. Council Representative
• Tuesday, July 23, 2013 — Commissioner Anthony
• Tuesday, August 27, 2013 — Commissioner Bye
• Tuesday, September 24, 2013 — Commissioner Kremer
X. Adjourn. .
EPICLOS .1
CITY OF OAK PARK HEIGHTS
PLANNING COMMISSION MEETING MINUTES
Thursday, May 16, 2013 — Oak Park Heights City Hall
Call to Order & Welcome Commissioner Beth Nelson: Chair Bye called the meeting to
order at 7:00 p.m. and welcomed new Commissioner Beth Nelson.
Present: Commissioners Anthony, Bye, Nelson, and Thurmes; City Administrator Johnson,
City Planner Richards and Commission Liaison Runk. Absent: Commissioner LeRoux.
II. Approval of Agenda:
Commissioner Anthony, seconded by Commissioner Nelson, moved to approve the Agenda
as presented. Carried 4 - 0.
III. Approval of February 14, 2013 Meeting Minutes:
Commissioner Thurmes, seconded by Commissioner Anthony, moved to approve the
minutes as presented. Carried 4 - 0.
IV. Department/Commission Liaison / Other Reports: City Administrator Johnson discussed
City related activity in conjunction with the St. Croix River Crossing project and noted open
houses scheduled for the project. Johnson also noted that the Annual Spring Clean-Up event
was being held on Saturday, May 18, 2013 from 7:30 a.m. to 1:00 p.m., behind Andersen
Corporation.
V. Visitors/Public Comment: None.
VI. Public Hearings:
A. ISD #834 — Stillwater Area High School: Consider request for Conditional Use
Permit Amendment to allow construction of a 520 s.f. equipment storage building
near the football practice fields at Stillwater Area High School, located at 5701
Stillwater Blvd. N.
City Planner Richards reviewed the May 8, 2013 planning report regarding the
request to construct at 520 s.f. equipment storage building near the football fields at
the Stillwater Area High School.
Chair Bye invited the applicant to address the Commission.
Dennis Bloom — ISD #834 Director of Operations stated that the structure will be
used to store football equipment and likely equipment for other sports, noting that
items are currently being stored in the cafeteria and brought out to the fields for use.
He discussed the proposed project, which is being spearheaded by the Pony
Touchdown Booster Club, with no cost to the school district and addressed
Commission questions.
Planning Commission Minutes
May 16, 2013 -
Page 2 of 9
Chair Bye opened the hearing for public comment.
There being no comment from the audience, the public hearing was closed.
Commissioner Nelson, seconded by Commissioner Anthony, moved to recommend
the City Council approve the request, subject to the conditions within the May 8,
2013 planning report, specifically:
1. Any signage proposed for the site shall be in compliance with Section
401.15.G of the Zoning Ordinance and will require a sign permit.
2. Any additional lighting proposed for the equipment storage building shall be in
compliance with Section 401.15.B.7 of the Zoning Ordinance.
3. Grading and drainage for the site shall be subject to review and approval of
the City Engineer.
Carried4 -0.
B. Xcel Energy — A.S. King Plant: Consider request for Conditional Use Permit
Amendment & Interim Use Permit to allow a dock, barge loading facilities, office
space and other operations for the Minnesota Department of Transportation related to
the St. Croix River Crossing project, located within property owned by Xcel Energy
and within the River Impact District at 1103 King Plant Road.
City Planner Richards reviewed the May 8, 2013 planning report related to
the request of Edward Kraemer and Sons, Inc.
City Administrator Johnson noted City activity that occurred, in the interest of time
saving to the St. Croix River Crossing project, prior to the applicant coming before
the Commission. The City took administrative action providing a temporary interim
use permit to allow the applicant to proceed, with the requirement that move through
regular approval process, and that in the event that approval was not granted that any
action taken to the point of approval process was at their own risk and cost.
Johnson discussed the Commissioners Order relating to right of entry and project
related facts, noting that the applicant is obtaining DNR permits as well.
Brief discussion ensued as to whether there were any other businesses in Oak Park
Heights that the ordinance amendment would apply to, why overnight stays were
limited to seven consecutive nights, and how compliance would be monitored.
Chair Bye opened the public hearing and invited the applicant to address the
Commission.
Planning Commission Minutes
May 16, 2013
Page 3 of 9
Nick Ruba — Edward Kraemer and Sons, Inc. Project Manager addressed questions
from the Commission and commented on the conditions of the planning report. Mr.
Ruba noted that their contract expires July of 2014 and that they were doing the
foundation work, which is anticipated to be done this season, with their road being
completed by mid -2014. Mr. Ruba further noted that it was his understanding that if
MNDot stays on schedule, the superstructure contract will be let this fall. The road
access Order from the Commissioner extends to 2017.
Chair Bye opened the hearing for public comment.
City Administrator Johnson noted that the City has a good idea of what Edward
Kraemer and Sons, Inc. is doing at the site and that at this time information for the
superstructure contractor will be facilitated through a separate interim use permit at
that time which this phase moves into commencement.
There being no other visitors to the public hearing, Chair Bye closed the hearing.
Chair Bye commenced discussion of the conditions within the planning report and
Commission discussion to them ensued.
Commissioner Thurmes, seconded by Commissioner Nelson, moved to recommend
the City Council approve the request, subject to the conditions within the May 8,
2013 planning report, specifically:
1. The Interim Use of the site by Edward Kraemer shall not extend beyond
November 30, 2014. The applicant may request an extension of the Interim Use
Permit by the City Council prior to its expiration.
2. The City Engineer shall review the access plan and make any
recommendations regarding access and traffic. A parking area plan shall be
provided to the City Engineer for review and approval.
3. All tree removal and trimming shall be subject to review and approval ofthe City
Arborist.
4. Any freestanding lighting placed on the site shall be in compliance with the
Zoning Ordinance and subject to review and approval of City staff.
5. The applicant shall take measures to minimize soil run off into the St Croix
River. A soil erosion plan or any grading and drainage plans for the site shall be
subject to review and approval of the City Engineer.
6. The City will not require conformance with the Design Guidelines for the
project.
7. The applicant shall position equipment and materials stored on the property in
such a way as to reduce its visibility from the St Croix River.
Planning Commission Minutes
May 16, 2013 -
Page 4 of 9
8. All work associated with the barge activities will occur between 6:00 AM
and 10:00 PM.
9. Placement of the fuel tank shall be subject to review and approval of the Fire
Marshal and be subject to all local and state requirements.
10. Edward Kraemer shall take all necessary precautions to ensure that the project is
performed with utmost safety and care. Best Management Practices and other
applicable industry standards shall be followed.
11. Xcel Energy and Edward Kraemer shall be responsible to reimburse the City for
costs incurred related to any actual emergency activities (fire suppression, rescue,
etc.) stemming from this project.
12. Edward Kraemer shall notify the City Administrator and the City Fire Chief not
less than 72 hours prior to activities that involve the use of explosives and inform
the City of any intended actions. Edward Kraemer shall meet with the Fire Chief
to discuss access protocols and contact information. The Fire Chief may revoke
or suspend the Interim Use Permit at any time for just cause.
13. Xcel Energy and Edward Kraemer are responsible to reimburse the City for any
and all collateral damages that may occur to any City property due to the
operations, including all administrative and legal fees necessary to collect such
fees.
14. The Interim Use Permit may be revoked, suspended, modified or edited by the
City for just cause.
15. The plans are subject to review and approval of the Department of Natural
Resources and any other state or federal regulating agency, if applicable.
Carried 4 — 0.
C. Oak Park Senior Living — Phase III: Consider request for Planned Unit Development
Amendment to allow increase in overall density and to add a 30 -unit memory care
addition to the existing senior assisted living & memory care building located at
13936 Lower 59 St. N., with relocation of the existing 3 -unit townhome building to
face the existing 4 -unit townhome building within the development.
City Planner Richards reviewed the May 9, 2013 planning report related to
the request and discussed the building composition and proposed development
density changes, increasing the overall density, from the last development approval,
by 30 units.
Brief discussion ensued as to the master plan and sufficient parking being put into
place for staff, residents and visitors to the development.
•
Planning Commission Minutes
May 16, 2013
Page 5 of 9
Chair Bye opened the public hearing and invited the applicant to comment.
Tim Nolde — Oak Park Sr. Living Developer addressed the Commission and noted
there are waiting lists for memory care housing in the area and that the need for
increased memory care housing is the reason for the amendment request. Mr. Nolde
addressed questions from the Commission and confirmed that the occupancy of the
townhomes proposed for relocation will be senior rental occupancy.
Sara Milligan — Oak Park Sr. Living Resident Director noted that the memory care
units at Croixdale in Bayport and at Boutwells Landing in Oak Park Heights were
full and that at Oak Park Sr. Living in Oak Park Heights there is a waiting list of 42
for memory care housing. She noted that there is an increase anticipated to this
number due to some current assisted living residents care needs changing. In
response to the proposed 30 unit addition, Ms. Milligan indicated that she felt the
size to be appropriate for current needs.
Todd Erickson — Folz, Freeman and Erickson, Inc. Surveyor discussed the flow of
pedestrian travel from the building so to shared facilities and assisted Mr. Nolde and
Ms. Milligan in responding to Commission inquiry related to setback issues related
to the Xcel Energy power lines, building and roadway locations, site challenges that
have guides the development, including location of mechanical equipment and
screening.
Court Melin — 5816 Nutmeg Ct. introduced himself as a resident to the southwest of
Oak Park Sr. Living, described the situation his townhome building has found itself
in with the developer, Mr. Nolde, regarding Home Owner Association documents
and asked the Commission to consider recommending that no action be taken on the
developer's request until the developer has provided Homeowner Association
documents to the homeowner's at Nutmeg Court and to consider the affects any
changes to the development will have on the Nutmeg Court homeowners.
City Administrator Johnson clarified that that the Nutmeg Court townhomes were
under a different development agreement, with different rules, than that which is of
discussion in this public hearing.
Discussion ensued as to Commission authority relative the Nutmeg Court
Homeowners Association documents. Mr. Nolde stated that a meeting has been
scheduled with the Nutmeg Court homeowners to noted what documents had been
provided to them, noting that the units were from the bank foreclosure of the units
and not him. Mr. Nolde stated that he had no problem with the Commission adding a
condition to any approvals granted regarding a stipulation based on Homeowner
Association documents being provided to the Nutmeg Court homeowners.
Chair Bye summarized written comment to record from Jim Kremmer of 5475
Oakgreen Place that expressed concerns, including those as to density, setbacks,
granting additional amendments to the development and a 4 -story building at the
walking paths at the development.
Planning Commission Minutes
May 16,2013 -
Page 6of9
Commission Liaison Runk clarified that the mentioned walking paths are private
walking paths to the development and are not City paths.
There being no other visitors to the public hearing, Chair Bye closed the hearing.
Continued Commission discussion ensued with Chair Bye reviewing the proposed
conditions within the planning report.
Commissioner Nelson, seconded by Commissioner Thurmes, moved to recommend
the City Council approve the request, subject to the conditions within the May 9,
2013 planning report, as amended, specifically that:
1. The Planning Commission recommends the increase of density to 335 units as
presented in the Master Plan.
2. The Minor Subdivision, as well as the dedication and vacation of any
easements shall be subject to the review and approval of the City Engineer and
City Attorney. Further amendments to the plat shall require review and approval
of a Preliminary/Final Plat.
3. The development agreement shall include a provision that the Oak Park Senior
Living Phase III will remain as senior rental and shall not be converted to non-
restricted rental housing.
4. The Planning Commission recommends the widening of 59 Street and
removing the street medians on 58 and 59 Streets at Nova Scotia. All
changes to the roadway are subject to review and approval of the City
Engineer.
5. The Planning Commission recommends the plan with the proposed private and
public trail system.
6. The Planning Commission recommends the Master Plan but requests the
Applicant look at options for providing an additional setback and landscaping
between the future Senior Living Building (Building 6) and the existing four unit
townhome building.
7. All tree removal and landscape plans shall be subject to review and approval of
the City Arborist.
8. The grading and drainage plans shall be subject to City Engineer and applicable
watershed authority review and approval.
9. All utility plans shall be subject to review and approval of the City Engineer.
10. The Planning Commission recommends the non - shielded, residential style
light fixtures as proposed.
Planning Commission Minutes
May 16, 2013
Page7of9
11. The applicant shall submit any plans for new signage subject to City approval.
12. The traffic numbers are subject to review and approval of the City Engineer.
13. The Fire Marshal and Police Chief should review the plans and determine the
accessibility of emergency vehicles throughout the development.
14. The snow storage areas and plan shall be subject to review and approval of the
City Engineer.
15. Any mechanical equipment that is ground mounted or visible from adjacent
streets shall be screened as required by the Zoning Ordinance.
16. The Planning Commission recommends the final building appearance, colors,
materials and the variety between buildings as found in the proposed plans.
17. The applicant shall be required to enter into an amended development
agreement. The development agreement shall be subject to the review and
approval of the City Attorney and City Council.
18. All conditions as approved by the City Council on January 31, 2012 for Oak
Park Senior Living Phase I.
19. The Applicant shall provide the existing Homeowners Association members
with all required documentation, annual reports, and financial records within
60 day of City Council approval.
Carried 4 -0.
D. Zoning Ordinance 401: Consider amendments allowing pennants as an allowable
sign type under the special events provisions of the Zoning Ordinance found in
section 401.15.G.8.
City Planner Richards reviewed the April 3, 2013 planning report related to
allowing pennants as an allowable sign type under the special event provisions in
Zoning Ordinance 401.15.G.8, providing background information as to the specificity
with which the special event ordinance provisions were written at the time is was
originally created.
Brief discussion ensued as to the difference between pennants and bannerettes and
regulations for window painting.
Chair Bye opened the hearing for public comment.
There being no visitors to the public hearing, Chair Bye closed the hearing.
Planning Commission Minutes
May 16, 2013 -
Page 8 of 9
Discussion commenced related to signage and circumstances with the St. Croix River
Crossing and roadway work. City Administrator Johnson informed the Commission
that the City Council has placed a moratorium on the need for a special event permit
for temporary signs for businesses along Hwy. 36, which has been in place since May
and will remain in place until at least October when the matter will be revisited.
Commissioner Anthony, seconded by Commissioner Nelson, moved to recommend
the City Council approve the amendment as presented in the April 3, 2013 planning
report, specifically:
1. The Zoning Ordinance is amended to allow pennants as an allowable sign
type under the Special Events provisions of Section 401.15.G.8 of the Zoning
Ordinance; and
2. Copies of the recommended Zoning Ordinance amendment are on file at City
Hall.
Carried 4 — O.
E. Zoning Ordinance 401: Consider amendments Zoning Ordinance 401.300 to allow
automotive and boat, frame and body repair as a conditional use within the B -3, r�
Highway Business & Warehouse District.
City Planner Richards reviewed the May 8, 2013 planning report related to
allowing automotive and boat frame and body repair as a conditional use in zoning
districts B -3.
Chair Bye opened the hearing for public comment. A visitor in the audience noted
that the language change is greater than what is being sought for the tenant space use.
City Planner Richards clarified that the language was being proposed in a broader
sense for future use possibilities within the B -3, Highway Business & Warehouse
District.
There being no other visitors to the public hearing, Chair Bye closed the hearing.
Commissioner Nelson, seconded by Commissioner Anthony, moved to recommend
the City Council approve the amendment request as presented within the May 8,
2013 planning report, specifically:
1. Section 401.300.E.5 Conditional Uses of the B -3 District within the Zoning
Ordinance, is recommended to be amended to allow auto and boat repair -
minor, auto and boat repair- major, auto and boat washes, but not including
motor fuel stations, as a Conditional Use with conditions; and
Planning Commission Minutes
May 16, 2013
Page 9 of 9
2. Section 401.300.E.6 Conditional Uses of the B -3 District within the Zoning
Ordinance, is recommended to be eliminated in its entirety; and
3. Copies of the recommended Zoning Ordinance amendment are on file at City
Hall.
Carried 4 — 0.
VII. New Business: None.
VIII. Old Business: None.
IX. Informational: Commission Liaison Runk noted that the May 28 City Council meeting
date has been changed to May 29 and that the July Council Representative date should be
July 9
A. Upcoming Meetings:
• Wednesday, May 29, 2013 City Council 7:00 p.m. /City Hall
• Tuesday, June 11, 2013 City Council 7:00 p.m. /City Hall
• Thursday, June 13, 2013 Planning Commission 7:00 p.m. /City Hall
n • Tuesday, June 25, 2013 City Council 7:00 p.m. /City Hall
B. Council Representative
• Tuesday, May 28, 2013 — Commissioner Nelson
• Tuesday, June 25, 2013 — Commissioner Thurmes
• Tuesday, July 9, 2013 — Commissioner Anthony
X. Adjourn: Commissioner Anthony, seconded by Commissioner Thurmes, moved to
adjourn the meeting. Chair Bye adjourned the meeting at 8:50 p.m.
Carried4 -0.
Respectfully submitted,
Julie Hultman, CBO
Planning & Code Enforcement
Approved by the Planning Commission:
TPC 3601 Thurston Avenue N, Suite 100
ENOLOSURE
Anoka. MN 55303
Phone: 763.231.5840
Facsimile: 763.427.0520
TPC @PlanningCo.com
PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: July 3, 2013
RE: Oak Park Heights — Hassis Paintworks — 5625/5645 Memorial
Avenue North - Conditional Use Permit Review
TPC FILE: 236.02 — 13.04
BACKGROUND
Chris Hassis has made application for a Conditional Use Permit (CUP) to allow for boat
body repair, fiberglass operation and gel coat repair at 5625/5645 Memorial Avenue
North. The business is limited to boat repairs and only for body work. They will not be
doing mechanical or engine work at this location.
The site is zoned B -3, Highway Business and Warehousing District in which the City
Council, on May 29, 2013 adopted a Zoning Ordinance Amendment to allow for boat
repair as a conditional use in the B -3 District. The project does not require Site Plan
and Design Guideline review in that the operations will be contained within an existing
building. Other than for signage, no changes will be visible to the exterior of the multi
tenant structure where this business will be locating.
EXHIBITS
The review is based upon the following submittals:
Exhibit 1: Project Narrative — Chris Hassis — June 9, 2013
Exhibit 2: Map of Kern Center with Site Location
Exhibit 3: Site Plan
Exhibit 4: Interior Layout Plan
Exhibit 5: Building and Site Pictures /Proposed Signage
Exhibit 6: Zoning Ordinance Amendment — B -3 District — May 29, 2013
PROJECT DESCRIPTION
The proposed use is to occupy the office space at 5645 Memorial Avenue North and the
rear warehouse space at 5625 Memorial Avenue North. There will be no exterior
modifications to the site or the building as a result of this request. The Applicant has
provided a narrative explaining the nature of the business as follows:
"The main service that Hassis Paintworks will be providing is marine fiberglass and gel
coat repair. A few examples of these repairs would be chips, gouges, and stress
cracks. Other services Hassis Paintworks would provide is detailing, striping, installing
decals, and replacing any damaged parts on the body of boats.
Hassis Paintworks will also have a small retail section in our office where we will be
selling products for maintaining a boat, such as waxes, soaps, etc."
The applicant has indicated that a paint booth will not be installed at this location, nor
will they be doing mechanical work/engine repair. There would be one employee to
start, with the possibility of another in the future.
ISSUES ANALYSIS
Comprehensive Plan. The property is designated as Highway Business and
Warehouse on the Proposed Land Use Map. The proposed business will be consistent
with this land use designation.
Zoning. The property is zoned B -3 Highway Business and Warehousing District. The
Zoning Ordinance was amended by the City Council on May 29, 2013 to allow auto and
boat repair- minor, auto and boat repair- major, auto and boat washes as a conditional
use. A copy of the Ordinance is attached as Exhibit 6. The criteria found in Section
401.03.A.7 and 401.300.E.5 of the Zoning Ordinance must be considered when
reviewing a request for this type of business in this District.
Conditional Use Permit. The Planning Commission should consider the following
issues and impacts of the proposed project in making its recommendation.
The conditional use permit criteria, found in Section 401.03.A.7 of the Zoning
Ordinance, are found as follows:
1. Relationship to the specific policies and provisions of the municipal
comprehensive plan.
2. The conformity with present and future land uses in the area.
3. The environmental issues and geographic area involved.
4. Whether the use will tend to or actually depreciate the area in which it is
proposed.
5. The impact on character of the surrounding area.
6. The demonstrated need for such use.
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7. Traffic generation by the use in relation to capabilities of streets serving
the property.
8. The impact upon existing public services and facilities including parks,
schools, streets, and utilities, and the City's service capacity.
9. The proposed use's conformity with all performance standards contained
herein (i.e., parking, loading, noise, etc.).
Comment: The boat repair use will be totally conducted indoors and there will be no
outside storage of materials or finished product. It is primarily cosmetic boat repair.
There should be no significant environmental issues or impact to surrounding tenants or
property owners. Traffic generation will be minor and the level of shipping and receiving
that occurs with an operation such as this will not be significant. City Staff sees no
issues with the business as currently proposed.
Additionally, the criteria found in Section 401.300.E.5 of the B -3 District should be
considered:
Section 401.300.E.5. Conditional Uses:
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.
Comment: No residential districts are within 110 feet from this building.
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.
Comment: The retail sales component of this business is a permitted use.
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.
Comment: The business shall be reviewed periodically to assure compliance
with 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.
Comment: This is an existing building that complies with this condition
3
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.
Comment: This shall be made a condition of approval for this business.
f. Hydraulic hoists or pits and all lubrication, greasing, washing, repair or
diagnostic equipment shall be used totally enclosed within a building.
Comment: Not applicable.
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.
Comment: Not applicable.
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.
Comment: This shall be made a condition of approval for this business.
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.
Comment: Not Applicable. Building is constructed.
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.
Comment: The site is compliant with this condition.
k. A drainage system subject to the approval of the City shall be installed.
Comment: The site is compliant with this condition.
1. Parking or car magazine storage space shall be screened from view of
abutting residential districts in compliance with Section 401.15.E.
Comment: The site is compliant with this condition.
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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.
Comment: The site is compliant with this condition.
n. Provisions are made to control and reduce noise in accordance with
Section 401.15.8.11 of this Ordinance.
Comment: This shall be made a condition of approval for this business.
o. No outside storage shall be allowed except as allowed in compliance with
Section 401.15.8.14 of this Ordinance.
Comment: This shall be made a condition of approval for this business.
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.
Comment: The site is compliant with this condition.
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.
Comment: This shall be made a condition of approval for this business.
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.
Comment: The site is compliant with this condition.
s. The provisions of Section 401.03.A.7 of this Ordinance are
considered and satisfactorily met.
Comment: The Planning Commission should comment.
Parking. Section 401.15.F.9 of the Zoning Ordinance requires at least eight spaces
plus one space for two employees on each shift based on maximum planned
employment or at a minimum of at least eight spaces plus one space for each 500
square feet of floor area. The office space requires three spaces plus at least one
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space for each 200 square feet of floor area. The parking calculation for the proposed
business is as follows:
Option 1:
Office:
1,200 sq ft — 10% = 1080/200 + 3 = 8 spaces
Warehouse:
1 space for two employees + 8 = 9 spaces
Total 17 spaces
Option 2:
Office:
1,200 sq ft — 10% = 1080/200 + 3 = 8 spaces
Warehouse:
2400 sq ft — 10% = 2160/500 + 8 = 12 spaces
Total 20 spaces
Of the two options within the Zoning Ordinance, the square footage calculation requires
the most parking spaces at 20.
The development was constructed with a total of 75 parking stalls in compliance with
the Zoning Ordinance. The configuration of the building with office space in front and
rear warehouse space has not changed significantly since the building was constructed.
There is adequate parking for the proposed use.
Loading areas/Trash Enclosure Location. The loading access to the building will be
through an existing door at the east side of the building. All trash and recycling shall be
stored in the building or within the designated trash enclosures for the building.
Grading /Drainage /Utilities. There are no exterior changes that require revisions to
grading, drainage or utilities.
Lighting Plans. There are no changes to exterior lighting.
Landscaping. There are no changes proposed to the existing landscape.
Mechanical Screening. Any additional exterior mechanical equipment required for
this use will require screening in compliance with the Zoning Ordinance and Design
Standards.
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Signage. A picture of the proposed signage was provided by the Applicant. The total
square footage of the sign is 72 square feet and is compliant with the sign requirements.
Any signage proposed for the development shall require a sign permit and shall be
compliant with the Zoning Ordinance and Design Standards.
CONCLUSION / RECOMMENDATION
Upon review of the request for a Conditional Use Permit to allow for boat repair, at
5625/5645 Memorial Avenue North, City Staff would recommend the project with the
conditions as follows:
1. All boat repair activities shall be limited to within the principal structure and
the service and delivery doors shall be kept closed except when vehicles
are being moved in and out of the building.
2. There shall be no exterior storage of materials on the site. All storage
shall be internal to the building.
3. The business approved is for marine fiberglass and gel coat repair,
detailing, striping, installing decals, and replacing any damaged parts on
the body of boats. If the business expands from what was originally
approved, the applicant shall make a request in writing to the City
Administrator with documentation. The City Administrator shall determine
if the expansion of activity shall require an amended CUP.
4. The business shall not offer the sale or storage of boats.
5. All noise created from operations on the site shall be in conformance with
Section 401.15.B.11 of the Zoning Ordinance.
6. All mechanical equipment installed outside of the building shall be
screened in accordance with Section 401.15.E.10.e of the Zoning
Ordinance.
7. All trash and recycling shall be stored in the building or within the
designated trash enclosures for the building.
8. All proposed signage shall be in compliance with Section 401.15.G of the
Zoning Ordinance.
9. The applicant shall receive and retain, if required, a Hazardous
Generators License from Washington County.
7
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a II NSsIS
440 190`° Avenue, Somerset WI 54025
June 9, 2013
EXHIBIT 1
City of Oak Park Heights
Attn: Julie Hultman
14163 Oak Park Blvd. North
Oak Park Heights, MN 55082
Re: Project Narrative
5625 Memorial Avenue North
Dear Julie:
The main service that Hassis Paintworks will be providing is marine fiberglass and gelcoat repair. A
few examples of these repairs would be chips, gouges, and stress cracks. Other services Hassis
Paintworks would provide is detailing, striping, installing decals, and replacing any damaged parts on
the body of boats.
Hassis Paintworks will also have a small retail section in our office where we will be selling products
for maintaining a boat, such as waxes, soaps, etc.
Sincerely,
Chris Hassis
Owner
FXHIBIT 2
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PUBLIC WORKS DEPARTMENT DNR PROTECTED WATERS
SURVEY AND LAND MANAGEMENT DIVISION DNR PROTECTED WETLAND
1494962nd Street North, PaBox6 — — MUNICIPAL WATERCOURSE NORTH
Stillwater, Minnesota 55082 -0006 PARK BOUNDARY
(651) 430 -6875
surveyor@co.washington.mn.us SCALE: finch = 460 te
www.co. washington. mn. usrsurveyor
EXHIBIT 3
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EXHIBIT 6
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
ORDINANCE NO. 2013- 401 - 04
AN ORDINANCE AMENDING CHAPTER 401, ZONING ORDINANCE TO
ALLOW AUTOMOTIVE AND BOAT, FRAME AND BODY REPAIR AS A
CONDITIONAL USE WITHIN THE B -3 HIGHWAY BUSINESS AND
WAREHOUSE DISTRICT
THE CITY COUNCIL OF OAK PARK HEIGHTS ORDAINS:
SECTION 1. Section 401.300.E.5, Conditional Uses of the B -3 Highway
Business and Warehouse District is amended to read as follows:
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 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 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.
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 401.15.8.11 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 Tight 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.
SECTION 2. Section 401.300.E.6, Conditional Uses of the B -3 Highway
Business and Warehouse District is amended to be eliminated in its entirety.
SECTION 3. The Planning Commission of the City of Oak Park Heights held a
public hearing at their May 16, 2013 meeting, took comments from the public,
and recommended that the City Council approve the amendments as provided in
this Ordinance.
SECTION 4. This Ordinance shall be in full force and effect upon its passage
and publication.
PASSED this 29th day of May, 2013 by the City Council of the City of Oak
Park Heights.
CITY OF OAK PARK HEIGHTS
//
.Lr AM A
' Ma . i om • er, Mayor
A'
ric' . Johnson, City Administrator