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Home My WebLink About2023-09-26 CC Resolution 23-09-34 RESOLUTION NO.23-09-34 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 BY TODD MOSHER REPRESENTING HALL PROPERTIES LLC FOR AN AMENDED CONDITIONAL USE PERMIT/PLANNED UNIT DEVELOPMENT AND DESIGN GUIDELINE REVIEW TO ALLOW A FOURTH WALL SIGN AND ADDITIONAL SIGN AREA, CONSTRUCTION OF A TIRE STORAGE BUILDING, AND REMOVAL OF A WINDOW ON THE WEST BUILDING ELEVATION AT DISCOUNT TIRE, 13341 60TH STREET NORTH BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request from Todd Mosher representing Hall Properties LLC for an Amended Conditional Use Permit/Planned Unit Development and Design Guideline review to allow a fourth wall sign,to allow for 240 square feet of wall sign area, to allow construction of a tire storage building, and removal of a window on the west building elevation at Discount Tire, 13341 60th Street North, and after having conducted a public hearing relative thereto,the Planning Commission of Oak Park Heights recommended that the request be approved 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-2 General Business District. A Conditional Use Permit was approved for Discount Tire in May of 2004. Discount Tire is part of the Shoppes of Oak Park Heights, a Planned Unit Development approved in April 2004 that allowed the shopping center anchored by Kohl's; and 4. An Amended Conditional Use Permit/Planned Unit Development is required to allow for a fourth wall sign on a separate façade of the building,to allow for 240 square feet of wall sign area, to add the tire storage building that was not a part of the original approvals, and to allow removal of a window on the west building elevation; and 5. Design Guideline approval is required for the tire storage building and removal of the window on the west building elevation; and 6. City staff prepared a planning report dated September 7,2023,reviewing the request; and 7. Said report recommended approval of the Amended Conditional Use Permit/Planned Unit Development, and Design Guidelines review subject to the fulfillment of conditions; and 8. The Planning Commission held a public hearing at their September 14, 2023,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 FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by Todd Mosher representing Hall Properties LLC for an Amended Conditional Use Permit/Planned Unit Development and Design Guideline review to allow a fourth wall sign,to allow for 240 square feet of wall sign area, to allow construction of a tire storage building, and removal of a window on the west building elevation at Discount Tire, 13341 60th Street North and 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 the following, subject to the conditions as follows: • Amended Conditional Use Permit/Planned Unit Development for the tire storage building. • Amended Conditional Use Permit to allow the fourth wall sign and to allow 240 square feet of wall sign area. • Site Plan/Design Standards Review for tire storage building and west wall window removal. 2 1. All light fixtures shall be full cut off and be consistent with Section 401.15.B.7 of the Zoning Ordinance as it relates to lighting requirements. 2. The final landscape plan is subject to the review and approval of the City Arborist. 3. All conditions of the PUD approval granted on April 27,2004, for the Shoppes of Oak Park Heights and the CUP approvals granted on May 25, 2004, shall remain in effect, and will be enforced. Approved by the City Council of the City of Oak Park Heights this 26th day of September 2023. 4- r Ma ; • omb- , Mayor ATTEST: Steve Hansen, Interim City Administrator 3 Attachment A Physical Address: 13341 60th St. N. Washington County Property I.D.: 05-029-20-21-0037 Legal Description: Lot 3, Block 1, The Shoppes of Oak Park Heights 2"d Addition ATTACHMENT B Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Proof of Ownership or Authorization to Proceed Required Approvals: City Council 4/5 Planning Commission Review& Recommendation: September 14, 2023 Conditional Use Permit: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b) PUD Amendment: Unless a General Plan of Development covering the area designated as in the General Concept Plan as the first stage of the PUD has been filed within twelve (12) months from the date Council grants General Concept Plan approval, or in any case where the applicant fails to file General Plan of Development Stage and Final Plans and to proceed with development in accordance with the provisions of this Ordinance and of an approved General Concept Plan, the approval may be revoked by Council action. (401.06.C.2.e)