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Home My WebLink About2002-07-23 CC Resolution #02-07-33RESOLUTION NO. 02-07 -33 OF THE CITY COUNCIL CITY OF OAK PARIS HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY WALGREENS TO ALLOW AN AMENDMENT TO THE SITE PLAN AND CONDITIONAL USE PERMIT FOR THE PROPERTY LOCATED AT 6061 OSGOOD AVENUE NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of oak .Park. Heights has received a request from Semper Development representing walgreens for an Amended Conditional Use Permit to allow a change in the site plan to expand the width of the drive - through lane; and after having conducted a public hearing relative thereto, the Planning Co of oak Park Heights recommend that the application be approved with conditions. The City Council of the City of oak Park. Heights makes the following findings of fact: follows, to wit: and 1. The real property affected by said application is legally described as SEE ATTACHMENT A 2. The applicant has submitted an application and supporting documentation to the Co Development Department consisting of the following items: and SEE ATTACHMENT B 3. The subject property is zoned B-2, General Business District in which retail sales operations are a permitted use; and 4. The request is to change the width of the drive - through lane, make changes to the landscape plan, and revise the sidewalks and parking layout of the approved site plan; and 5. The City staff prepared a memorandum dated June 27, 2002 reviewing the request; and 6. The memorandum dated June 27, 2002 recommended the request be approved with conditions; and 7. The Planning Cornrnai.ssion held a public hearing at their July 11, 2002 meeting, took comments from the applicants and public, closed the public hearing, and recommended the application be approved subject to conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FO A. The application submitted by Semper Development for a Walgreens at doh 1 Osgood Avenue North for a CUP amendment to allow an expansion in width of the drive - through lane from 12 feet to 16 feet and to revise the approved site plan to address changes in sidewalks, parking and landscape plan; and affecting real property as follows: SEE ATTACHMENT A. Be and the sane as hereby approved by the City Council of the City of Oak Park Heights subject to the following conditions: 1. The applicant shall redesign the site plan to illustrate a 24 -foot wide drive lane and a 4 -foot wide sidewalk along the west side of the building. 2. The applicant shall grant the City a public access easement for the sidewalk adjacent to Osgood Avenue subject to review and approval by the City Attorney. 3. This amended approval is subject to all the original conditions of approval (except condition 16 relating to project approval) outlined in the original conditional use permit dated. May 31, 2002. 4. Condition number 11 of the original resolution shall be amended to read as follows, "This Conditional Use Permit requires that any change in the use of the property must comply with the City ordinances and parking standards in place at the time the use changes." 5. The revised landscaping plan is subject to the review and approval of the City Arborist. U Conditional Use Permit condition # 16 shall be amended to read: "Project approval will become null and void after 18 months from the date of the amended conditional use permit unless the property owner or applicant has substantially started constructi ". Approved by the City Council of the - uly, 2002 ATTEST: ff m - berly Kara6er , Actin ity Administrator - ATTACHMENT A ►SD010?5 Legal Description June 24, 2002 Oak Park Heights, MN ---- Walgreens PARCEL A: LOTS 11, 12, 13, 14 AND 15 AND THE SOUTH HALF OF - VACATED EUGENE STREET ADJOINING SAID LOTS ALL IN BLOCK 6, MCMILLAN AND COOLEY'S ADDITION TO STILLWATER ACCORDING TO THE PLAT THEREOF ON FILE OR OF RECORD IN THE OFFICE OF THE COUNTY RECORDER, WASHINGTON COUNTY, MINNESOTA, EXCEPTING THEREFROM THE SOUTH 65 FEET OF SAID LOTS 11, 12, 13, 14, AND 15 IN BLOCK 6 AND ALSO EXCEPTING THE NORTH 12 FEET OF THE SOUTH 30 FEET OF VACATED EUGENE STREET WHICH ACCRUED TO LOTS 13,14 AND 15 AND THE WEST 30 FEET OF LOT 12 IN BLOCK 6. EXCEPTING THEREFROM THAT PARTICULAR PARCEL AS DESCRIBED IN DOCUMENT NUMBER 464006, IN THE OFFICE OF THE COUNTY RECORDER OF SAID WASHINGTON COUNTY, MINNESOTA. PARCEL B : ALL OF LOTS 16, '17, 18, 19 AND 20 AND THE SOUTHERLY 65 FEET OF LOTS 11, 12, 13, 14 AND 15, BLOCK 6, MCMILLAN AND COOLEY'S ADDITION TO STILLWATER, AND LOTS 11, 12, 13, 14 AND 15 IN BLOCK 7, MCMILLAN AND COOLEY'S ADDITION TO STILLWATER TOGETHER WITH THE VACATED PART OF WALLACE STREET IMMEDIATELY ADJOINING AND ABUTTING SAID LOTS 11, 12, 13, 14 AND 15, BLOCK 7 OF SAID ADDITION. EXCEPT THAT PART OF VACATED WALLACE STREET LYING EASTERLY OF THE EAST LINE OF FOURTH STREET AND SOUTHWESTERLY OF A LINE BEGINNING AT THE INTERSECTION OF THE EAST LINE OF FOURTH STREET AND THE NORTH LINE OF VACATED WALLACE STREET; THENCE RUN SOUTHEASTERLY TO A POINT ON THE SOUTH LINE OF SAID VACATED WALLACE STREET 1 60,2 FEET EASTERLY OF ITS INTERSECTION WITH THE EAST LINE OF FOURTH STREET BEING THE NORTHWEST CORNER OF LOT 11, BLOCK 7, MCMILLAN AND COOLEY'S ADDITION TO STILLWATER (IN THE VILLAGE OF OAK PARK HEIGHTS). AND ALSO EXCEPT THAT PART OF LOT 16 AND THE SOUTH 65.00 FEET OF LOT 15, BLOCK 6, MCMILLAN & COOLEY'S ADDITION TO STILLWATER, WHICH LIES WESTERLY OF "LINE A ". ALSO THAT PART OF VACATED WALLACE STREET WHICH LIES NORTHERLY OF THE NORTHERLY LINE OF THE HIGHWAY RIGHT OF WAY PARCEL AS DESCRIBED IN BOOK 318 OF DEEDS, PAGE 92, ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY RECORDER, WASHINGTON COUNTY, MINNESOTA AND WHICH ALSO LIES WESTERLY OF "LINE A ". SAID "LINE A" IS DESCRIBED AS FOLLOWS: "LINE A" BEGINS AT A POINT ON THE SOUTH LINE OF THE NORTH 12.00 FEET OF THE SOUTH 30.40 FEET OF SAID VACATED EUGENE STREET WHICH ACCRUED TO SAID LOT 15, BLOCK 6, SAID POINT BEING 3.00 FEET EASTERLY OF A NORTHERLY EXTENSION OF THE WEST LINE OF SAID LOT 15; THENCE SOUTHERLY ON A STRAIGHT LINE TO A POINT ON THE SOUTH LINE OF LOT 16 OF SAID BLOCK 6, SAID POINT IS 12.40 FEET EASTERLY OF THE SOUTHWEST CORNER OF SAID LOT 16, BLOCK 6 AS MEASURED ALONG THE SOUTH LINE THEREOF; THENCE CONTINUING SOUTHERLY ON AN EXTENSION OF THE LAST COURSE TO THE INTERSECTION WITH THE NORTHERLY LINE OF THE HIGHWAY RIGHT OF WAY PARCEL AS DESCRIBED IN BOOK 318 OF DEEDS, PAGE 92, ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY RECORDER, WASHINGTON COUNTY, MINNESOTA AND SAID "LINE A" THERE TERMINATING. ABSTRACT PROPERTY Land form 510 First Avenue NN, Suite 650 Mp1s, MAr55403 (612) 252 --9070 * Fax (612) 252 -9077 ATTACHMENT B �tttL 0 �' 000 [' MINNEAPOLIS• PHOENIX TRANS M ITTAL PROJECT NAME Walgreen's, Oak Park Heights PROJECT NUMBER. S D0 1 025 DATE 06/21/02 COPIES DATE SHEET NUMBER DESCRIPTION 20 06/21102 11 Sheets Revised Plans (11 it x 17 3 06121102 11 Sheets Revised Plans (24 "x 36") 1 03/08102 Revised Drainage calculations I Development Application 1 06/21/02 Application Fee ($1400-00) THESE ARE TRANSMITTED: C] AS REQUESTED Z FOR APPROVAL ❑ FOR YOUR USE ® FOR REVIEW AND COMMENT ❑ APPROVED AS NOTED El RETURNED FOR CORRECTIONS REMARKS Kris, The attached package contains the minor revisions to the building and drive -thru lane and is being resubmitted to the city for Development review and approval. The drainage analysis has not changed from the previous submittal but a copy is included for your use, Please contact me at 61 2.252.9070 with any further questions. Thank you, Janele S ,t 200 Copy To: John Kohler, Semper Development, Ltd. SIGNED: Janele M. Taveggia File 1 650 BUTLER NORTH BUILDING 510 FIRST AVENUE NORTH MINNEAPOLIS, MN 55403 OFFICE: 612.252.9470 FAX: 612.252.9077 www.landforrn.net