HomeMy WebLinkAbout06-28-2022 Council Packet
CITY OF OAK PARK HEIGHTS
CITY COUNCIL MEETING AGENDA
TUESDAY, JUNE 28,2022
6:00PMAT CITY HALL
6:00p.m.I.Call to Order/Pledge of Allegiance/Approval of Agenda
Estimated
times
6:00p.m.II.Council/StaffReports
A.Mayor McComber
B.Councilmember Dougherty
C.CouncilmemberJohnson
D.Councilmember Liljegren
E.Councilmember Runk
F.Staff
Chief of Police
Assistant City Administrator/City Clerk(pg. 3)
6:05p.m.III.Visitors/Public Comment
Thisis an opportunity for the public to address the Council with questions or concerns on issues notpart of the regularagenda (Please
limitcomments to 3 minutes in length).
6:10p.m.IV.Consent Agenda(Roll Call Vote)
A.ApproveBills& Investments
B.Approve Worksession Notes May 24, 2022(pg.5)
C.Approve City CouncilMinutesMay 24, 2022 (pg.7)
D.Approve License for Sale/Storage of Consumer Fireworks at Lowes(pg.13)
E.Approve Renewal and StandardPremium Option for Workers Comp Insurance
7/7/2022 7/6/2023(pg. 15)
nd
F.Approve Eureka Construction Inc. 2Payment for Norell Avenue Improvements
(pg.23)
G.Approve Resolution Authorizing Ducks Unlimited St. Croix Valley Chapter to
Conduct a One-Day Raffle at St. Croix Event Center on September 15, 2022(pg.
35)
H.Approve Resolution Authorizing Receipt of Donations to the City and Directing
the Donations be Used for Party in the Park(pg.37)
I.Approve Change Order #1 Mill & Overlay/Ped. Ramps -2022(pg.39)
6:15p.m.V.PublicHearings
A.PublicHearing on Request Regarding Noise Ordinance for Concert at Stillwater
Bowl on July 15, 2022(pg. 41)
6:15p.m.VI.OldBusiness
6:15p.m.VII.NewBusiness
A.Consider Planned Unit Development General Plan, Conditional Use Permit for
Drive Thru Restaurant and Signage, and Design Guidelines/Site Plan Review for a
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Popeyes Restaurant at 13523 60Street North(pg.45)
B.Oak Park Ponds Planned Unit Development Amendment, Conditional Use
Permit, Design Standards and Site Plan Review 5907Neal Avenue North(pg.
95)
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Agenda
June 28,2022
Page2
6:30p.m.VIII.Other CouncilItemsor Announcements
6:30 p.m.IX.Closed Session
A.City Administrator Contract (closedpursuant to MN Stat.13D.03)
7:00p.m.X.Adjournment
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Oak Park Heights
Request for Council Action
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Meeting Date June 28, 2022
Time Required: 1 Minutes _____________________
Agenda Item Title: Approve Change Order #1 – Mill & Overlay / Ped. Ramps - 2022
Agenda Placement
inating Department/Requestor Eric Johnson, City Administrator
Orig
Requester’s Signature
Action Requested Approve Change Order #1 – Mill & Overlay / Ped. Ramps - 2022
Background/Justification (Please indicate if any previous action has been taken or if other public
bodies have advised):
Please see the attached Memo from STANTEC dated 6/23/22.
NOTE: The City’s project would increase by $9,500 with this Change Order above the
$1,014,203.93. Funding would be derived from any remaining balance in the M&O Capital
Budget with the remaining then from Street Reconstruction.
2022 Mill & Overlay Project ElementsBASEALTERNATETOTAL
BASE Bid (M&O)$ 447,740.49$ -$ 447,740.49
Base Bid 58th Street Trail$ 139,190.40$ -$ 139,190.40
Base Bid PED RAMPS (TWO Locations)$ 23,709.48 $ -$ 23,709.48
Alternate 1 (M&O)$ -$ 403,563.56$ 403,563.56
SUBTOTAL$ 610,640.37$ 403,563.56$ 1,014,203.93
Other Related COSTSBASEALTERNATETOTAL
Background Scoping - 58th Street Trail$ 28,300.00 $ -$ 28,300.00
Predesign and Bidding M&O$ 43,000.00 $ -$ 43,000.00
AMERICAN TESTing - CORING$ 3,000.00$ -$ 3,000.00
Construction Services - Base$ 69,000.00 $ -$ 69,000.00
Construction Services - Alternate$ -$ 21,000.00$ 21,000.00
Testing / Sampling - Base$ 13,000.00 $ 13,000.00
Testing / Sampling - Alternate$ -$ 5,000.00 $ 5,000.00
SUBTOTAL Estimated$ 156,300.00$ 26,000.00$ 182,300.00
TOTAL COSTS$ 766,940.37$ 429,563.56$ 1,196,503.93
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Oak Park Heights
Request for Council Action
Meeting Date June 2th, 2022
Time Required: 5 Minutes _____________________
Agenda Item Title:CONSIDER PLANNED UNIT DEVELOPMENT-GENERAL PLAN,
CONDITIONAL USE PERMIT FOR DRIVE THRU RESTAURANT AND
SIGNAGE, AND DESIGN GUIDELINES/SITE PLANREVIEW FOR A
TH
POPEYES RESTAURANT AT 13523 60STREET NORTH
Agenda Placement New Business
Originating Department/Requestor: Eric Johnson, City Administrator
Requester’s Signature
Action Requested _Discussion, Possible Action
Background/Justification (Please indicate if any previous action has been taken or if other public
bodies have advised):
Please see the attached from Scott Richards, City Planner
Planning Report – Dated___________, 2022
Approved Planning Commission Resolution – Unsigned
Proposed City Council Resolution.
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A RECOMMENDING RESOLUTION
OF THE
PLANNING COMMISSION
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST FOR
PLANNED UNIT DEVELOPMENT-GENERAL PLAN, CONDITIONAL
USE PERMIT FOR DRIVE THRU RESTAURANT AND SIGNAGE, AND
DESIGN GUIDELINES/SITE PLAN REVIEW FOR A POPEYES
TH
RESTAURANT AT 13523 60
STREET NORTH SHALL BE APPROVED
WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request fromLawrence
BenBassett of Oak Park Chicken for a Planned Unit Development-General Plan, Conditional Use
Permit for drive thru restaurant and signage, and Design Guidelines/Site Plan Review for a
th
Popeyes restaurant at 13523 60 Street North, and after having conducted a public hearing
relative thereto, the Planning Commission of Oak Park Heights makes the following findings of
fact:
1. The real property affected by said application is legally described as
follows, to wit:
SEE ATTACHMENT A
and
2. The applicant has submitted an application and supporting documentation to the
Community Development Department consisting of the following items:
SEE ATTACHMENT B
and
3. The property is zoned B-4 Limited Business District that allows retail and
restaurant development as a permitted use; and
4. The subject property is Lot 2, Block 1 of the Ridgecrest Oak Park Heights I
th
development at 60 Steet and Norell Avenue; and
5. The property was approved for a Planned Unit Development, Conditional Use
Permit, Preliminary and Final Plat, and Design Guidelines/Site Plan review by the City Council
on June 26, 2018; and
6. Lot 1, Block 1 of the Ridgecrest Oak Park Heights I was developed with a Panera
Bread; and
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7. The Applicants have requested development of the subject property for a Popeyes
restaurant with a drive thru; and
8. City staff prepared a planning report dated June 2, 2022, reviewing the request;
and
9. Said report recommended approval of the application, subject to the fulfillment of
conditions; and
10. The Planning Commission held a public hearing at their June 9, 2022, meeting,
took comments from the applicants and public, closed the public hearing, and made the
following recommendation:
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING
COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING
COMMISSION RECOMMENDS THE FOLLOWING:
A. The application submitted from Lawrence BenBassett of Oak Park Chicken for a Planned
Unit Development-General Plan, Conditional Use Permit for drive thru restaurant and signage,
th
and Design Guidelines/Site Plan Review for a Popeyes restaurant at 13523 60Street North
affecting the real property as follows:
SEE ATTACHMENT A
Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for
approval with the following conditions:
1. The Planning Commission was favorable the drive thru lane setback of five feet from the
south property line.
2. The final plans for the menu boards, canopies and associated lighting shall be subject to
review and approval of the City.
3. Any proposed directional signage shall be subject to review of the City and can only
include the name and logo of the business.
4. The site plan shall be subject to review and approval of the Fire Marshal.
5. All grading, drainage, erosion control, utility plans, and access driveways are subject to
review and approval of the City Engineer. Storm water plans are also subject to review
and approval of the Brown’s Creek Watershed District.
6. The Applicant shall provide a snow removal plan or indicate if the snow will be hauled
off site.
7. The landscape plan shall be subject to the review and approval of the City Arborist. All
required landscape plan details shall be submitted to the satisfaction of the City Arborist.
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8. All mechanicalequipment on the roof or on the site shall be fully screened in accordance
with the provisions of the Zoning Ordinance.
9. All light fixtures shall be full cut off, compliant with the height requirements, and be
consistent with Section 401.15.B.7 ofthe Zoning Ordinance as it relates to lighting
requirements. The maximum height of the parking lot poles and fixtures is not to exceed
25 feetas per the Zoning Ordinance.
10. One wallsign per façade be allowed, with the choice of the sign at the discretion of the
Applicant if the totalwall signage not exceed 150 square feet or 80 square feet per sign.
If a sign is not placed on the rear façade, two signs may be placed on one of the facades.
Plans shall be provided to the City prior to the City Council meeting and subject to City
Council review.
11. All signs, the order boards and canopies shall be designed to comply with the Zoning
Ordinance requirements for internal illumination.
12. The monument sign shall be landscaped at the base. A plan shall be provided subject to
City Arborist review and approval.
13. The Planning Commission was favorable to the building design and building materials.
Improvements with detailing and materials to the rear façade that faces Norell Avenue
shall be provided to the City prior to the City Council meeting and subject to City
Council review.
14. A bike rack should be identified on the site plan and placed on site.
th
Recommended by the Planning Commission of the City of Oak Park Heights this 9 day
of June 2022.
_______________________________________
David White, Chair
ATTEST:
_______________________________________
Eric A. Johnson, City Administrator
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RESOLUTION NO.______
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST FOR
PLANNED UNIT DEVELOPMENT-GENERAL PLAN, CONDITIONAL
USE PERMIT FOR DRIVE THRU RESTAURANT AND SIGNAGE, AND
DESIGN GUIDELINES/SITE PLAN REVIEW FOR A POPEYES
TH
RESTAURANT AT 13523 60
STREET NORTH BE APPROVED WITH
CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request fromLawrence
BenBassett of Oak Park Chicken for a Planned Unit Development-General Plan, Conditional Use
Permit for drive thru restaurant and signage, and Design Guidelines/Site Plan Review for a
th
Popeyes restaurant at 13523 60 Street North, and after having conducted a public hearing
relative thereto, the Planning Commission of Oak Park Heights recommended the application
with conditions. The City Council of the City of Oak Park Heights makes the following findings
of fact and resolution:
1. The real property affected by said application is legally described as
follows, to wit:
SEE ATTACHMENT A
and
2. The applicant has submitted an application and supporting documentation to the
Community Development Department consisting of the following items:
SEE ATTACHMENT B
and
3. The property is zoned B-4 Limited Business District that allows retail and
restaurant development as a permitted use; and
4. The subject property is Lot 2, Block 1 of the Ridgecrest Oak Park Heights I
th
development at 60 Steet and Norell Avenue; and
5. The property was approved for a Planned Unit Development, Conditional Use
Permit, Preliminary and Final Plat, and Design Guidelines/Site Plan review by the City Council
on June 26, 2018; and
6. Lot 1, Block 1 of the Ridgecrest Oak Park Heights I was developed with a Panera
Bread; and
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7. The Applicants have requested development of the subject property for a Popeyes
restaurant with a drive thru; and
8. City staff prepared a planning report dated June 2, 2022, reviewing the request;
and
9. Said report recommended approval of the application, subject to the fulfillment of
conditions; and
10. The Planning Commission held a public hearing at their June 9, 2022, meeting,
took comments from the applicants and public, closed the public hearing, and recommended the
application with conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE
FOLLOWING:
A. The application submitted from Lawrence BenBassett of Oak Park Chicken for a Planned
Unit Development-General Plan, Conditional Use Permit for drive thru restaurant and signage,
th
and Design Guidelines/Site Plan Review for a Popeyes restaurant at 13523 60Street North
affecting the real property as follows:
SEE ATTACHMENT A
Be and the same as hereby approved by the City Council of the City of Oak Park Heights for
approval with the following conditions:
1. The Planning Commission recommended, and the City Council approves the drive thru
lane setback of five feet from the south property line.
2. The final plans for the menu boards, canopies and associated lighting shall be subject to
review and approval of the City.
3. Any proposed directional signage shall be subject to review of the City and can only
include the name and logo of the business.
4. The site plan shall be subject to review and approval of the Fire Marshal.
5. All grading, drainage, erosion control, utility plans, and access driveways are subject to
review and approval of the City Engineer. Storm water plans are also subject to review
and approval of the Brown’s Creek Watershed District.
6. The Applicant shall provide a snow removal plan or indicate if the snow will be hauled
off site.
7. The landscape plan shall be subject to the review and approval of the City Arborist. All
required landscape plan details shall be submitted to the satisfaction of the City Arborist.
Page 90 of 130
8. All mechanicalequipment on the roof or on the site shall be fully screened in accordance
with the provisions of the Zoning Ordinance.
9. All light fixtures shall be full cut off, compliant with the height requirements, and be
consistent with Section 401.15.B.7 of the Zoning Ordinance as it relates to lighting
requirements. The maximum height of the parking lot poles and fixtures is not to exceed
25 feet as per the Zoning Ordinance.
10. One wall sign per façade be allowed, with the choice of the sign at the discretion of the
Applicant if the total wall signage not exceed 150 square feet or 80 square feet per sign.
If a sign is not placed on the rear façade, two signs may be placed on one of the facades.
Revised plans shall subject to City Council review.
11. All signs, the order boards and canopies shall be designed to comply with the Zoning
Ordinance requirements for internal illumination.
12. The monument sign shall be landscaped at the base. A plan shall be provided subject to
City Arborist review and approval.
13. The Planning Commission recommended, and the City Council was favorable to the
building design and building materials. Improvements with detailing and materials to the
rear façade that faces Norell Avenue shall be subject to City Council review.
14. A bike rack should be identified on the site plan and placed on site.
th
Approved by the City Council of the City of Oak Park Heights this 28day of June 2022.
_______________________________________
Mary McComber, Mayor
ATTEST:
_______________________________________
Eric A. Johnson, City Administrator
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Oak Park Heights
Request for Council Action
Meeting Date June 2th, 2022
Time Required: 5 Minutes _____________________
Agenda Item Title:OAK PARK PONDS – PLANNED UNIT DEVELOPMENT
AMENDMENT, CONDITIONAL USE PERMIT, DESIGN
STANDARDS AND SITE PLAN REVIEW – 5907 NEAL AVENUE
NORTH
Agenda Placement New Business
Originating Department/Requestor: Eric Johnson, City Administrator
Requester’s Signature
Action Requested _Discussion, Possible Action
Background/Justification (Please indicate if any previous action has been taken or if other public
bodies have advised):
Please see the attached from Scott Richards, City Planner
nd
1.Planning Report – Dated June 2 2022
2.Approved Planning Commission Resolution – Unsigned
3.Proposed City Council Resolution.
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A RECOMMENDING RESOLUTION
OF THE
PLANNING COMMISSION
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST FOR
PLANNED UNIT DEVELOPMENT AMENDMENT, CONDITIONAL USE
PERMIT FOR ATM DRIVE THRU AND SIGNAGE, AND DESIGN
GUIDELINES/SITE PLAN REVIEW FOR A CHASE BANK AT 5907 NEAL
AVENUE NORTH SHALL BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request fromDan
McAuley of Bergmann Architectural Associates, Inc for a Planned Unit Development
Amendment, Conditional Use Permit for an ATM Drive Thru and Signage, and Design
Guideline/Site Plan Review for a Chase Bank at 5907 Neal Avenue North, and after having
conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights
makes the following findings of fact:
1. The real property affected by said application is legally described as
follows, to wit:
SEE ATTACHMENT A
and
2. The applicant has submitted an application and supporting documentation to the
Community Development Department consisting of the following items:
SEE ATTACHMENT B
and
3. The property is zoned PUD Commercial Planned Unit Development that allows
retail and restaurant development; and
4. The Applicant has proposed a remodel of the building for a Chase Bank with an
ATM drive thru; and
5. The Planned Unit Development Amendment is required in that it is a change to
the original site and development plan that was approved for a Burger King on May 25, 1999;
and
6. Conditional Use Permit review is required to allow additional signage and the
drive thru for the ATM; and
7. Design Guideline/Site Plan review is required for the changes to the building and
site; and
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8. City staff prepared a planning report dated June 2, 2022, reviewing the request;
and
9. Said report recommended approval of the application, subject to the fulfillment of
conditions; and
10. The Planning Commission held a public hearing at their June 9, 2022, meeting,
took comments from the applicants and public, closed the public hearing, and made the
following recommendation:
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING
COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING
COMMISSION RECOMMENDS THE FOLLOWING:
A. The application submitted from Dan McAuley of Bergmann Architectural Associates, Inc
for a Planned Unit Development Amendment, Conditional Use Permit for an ATM Drive Thru
and Signage, and Design Standards/Site Plan Review for a Chase Bank at 5907 Neal Avenue
North affecting the real property as follows:
SEE ATTACHMENT A
Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for
approval with the following conditions:
1. The final plans for the ATM and associated lighting shall be subject to review and
approval of the City.
2. Any proposed directional signage shall be subject to review of the City and can only
include the name and logo of the business.
3. Any changes to the grading, drainage, erosion control, utility plans are subject to review
and approval of the City Engineer.
4. The landscape plan shall be subject to the review and approval of the City Arborist. All
required landscape plan details shall be submitted to the satisfaction of the City Arborist.
5. All mechanical equipment on the roof or on the site shall be fully screened in accordance
with the provisions of the Zoning Ordinance.
6. All light fixtures shall be full cut off, compliant with the height requirements, and be
consistent with Section 401.15.B.7 of the Zoning Ordinance as it relates to lighting
requirements. The maximum height of the parking lot poles and fixtures is not to exceed
25 feet as per the Zoning Ordinance.
7. One wall sign per façade shall be allowed. The Chase/Logo signs shall be counted as one
sign.
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8. All signsshall be designed to comply with the Zoning Ordinance requirements for size
and internal illumination.
9. The Planning Commission was favorable to the building design and building materials.
10. A bike rack should be identified on the site plan and placed on site.
th
Recommended by the Planning Commission of the City of Oak Park Heights this 9day
of June 2022.
_______________________________________
David White, Chair
ATTEST:
_______________________________________
Eric A. Johnson, City Administrator
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RESOLUTION NO.______
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST FOR
PLANNED UNIT DEVELOPMENT AMENDMENT, CONDITIONAL USE
PERMIT FOR ATM DRIVE THRU AND SIGNAGE, AND DESIGN
GUIDELINES/SITE PLAN REVIEW FOR A CHASE BANK AT 5907 NEAL
AVENUE NORTH BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request fromDan
McAuley of Bergmann Architectural Associates, Inc for a Planned Unit Development
Amendment, Conditional Use Permit for an ATM Drive Thru and Signage, and Design
Guideline/Site Plan Review for a Chase Bank at 5907 Neal Avenue North, and after having
conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights
recommended the application with conditions. The City Council of the City of Oak Park Heights
makes the following findings of fact and resolution:
1. The real property affected by said application is legally described as
follows, to wit:
SEE ATTACHMENT A
and
2. The applicant has submitted an application and supporting documentation to the
Community Development Department consisting of the following items:
SEE ATTACHMENT B
and
3. The property is zoned PUD Commercial Planned Unit Development that allows
retail and restaurant development; and
4. The Applicant has proposed a remodel of the building for a Chase Bank with an
ATM drive thru; and
5. The Planned Unit Development Amendment is required in that it is a change to
the original site and development plan that was approved for a Burger King on May 25, 1999;
and
6. Conditional Use Permit review is required to allow additional signage and the
drive thru for the ATM; and
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7. Design Guideline/Site Plan review is required for the changes to the building and
site; and
8. City staff prepared a planning report dated June 2, 2022, reviewing the request;
and
9. Said report recommended approval of the application, subject to the fulfillment of
conditions; and
10. The Planning Commission held a public hearing at their June 9, 2022, meeting,
took comments from the applicants and public, closed the public hearing, and recommendedthe
application with conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE
FOLLOWING:
A. The application submitted from Dan McAuley of Bergmann Architectural Associates, Inc
for a Planned Unit Development Amendment, Conditional Use Permit for an ATM Drive Thru
and Signage, and Design Standards/Site Plan Review for a Chase Bank at 5907 Neal Avenue
North affecting the real property as follows:
SEE ATTACHMENT A
Be and the same as hereby approved by the City Council of the City of Oak Park Heights with
the following conditions:
1. The final plans for the ATM and associated lighting shall be subject to review and
approval of the City.
2. Any proposed directional signage shall be subject to review of the City and can only
include the name and logo of the business.
3. Any changes to the grading, drainage, erosion control, utility plans are subject to review
and approval of the City Engineer.
4. The landscape plan shall be subject to the review and approval of the City Arborist. All
required landscape plan details shall be submitted to the satisfaction of the City Arborist.
5. All mechanical equipment on the roof or on the site shall be fully screened in accordance
with the provisions of the Zoning Ordinance.
6. All light fixtures shall be full cut off, compliant with the height requirements, and be
consistent with Section 401.15.B.7 of the Zoning Ordinance as it relates to lighting
requirements. The maximum height of the parking lot poles and fixtures is not to exceed
25 feet as per the Zoning Ordinance.
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7. One wall sign per façade shall be allowed. The Chase/Logo signs shall be counted as one
sign.
8. All signs shall be designed to comply with the Zoning Ordinance requirementsfor size
and internal illumination.
9. The Planning Commission was favorable, and the City Council approves the building
design and building materials.
10. A bike rack should be identified on the site plan and placed on site.
th
Approved by the City Council of the City of Oak Park Heights this 28 day of June 2022.
_______________________________________
Mary McComber, Mayor
ATTEST:
_______________________________________
Eric A. Johnson, City Administrator
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