HomeMy WebLinkAbout06-05-24 • RESOLUTION NO. 0 6- 0 5- 2 4
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 POSITIVE COMPANIES INC. FOR A SITE PLAN REVIEW
AND CONDITIONAL USE PERMIT TO ALLOW FOR A DRIVE -IN AND
CONVENIENCE FOOD ESTABLISHMENT IN A RETAIL /OFFICE
BUILDING REFERRED TO AS OAK PARK HEIGHTS MARKETPLACE,
LOCATED OFF OF NEAL AVENUE NORTH,
EAST OF STATE HIGHWAY 5
BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from Positive
Companies Inc. for a site plan review and conditional use permit to allow for a drive -in and
convenience food establishment in a retail /office building referred to as Oak Park Heights
Marketplace, located off of Neal Avenue North, east of State Highway 5; 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 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 subject property is zoned B -2, General Business District in which the
retail and office uses are permitted. A drive -in and convenience food establishment is a
conditional use; and
4. The City staff prepared a planning report dated May 4, 2006 reviewing the
request for the site plan review and conditional use permit; and
•
. 5. The May 4, 2006 planning report recommended approval of the site plan
review and conditional use permit subject to the fulfillment of conditions; and
6. The Planning Commission held a public hearing at their May 11, 2006
meeting, took comments from the applicants and public, closed the public hearing, and
recommended that the application be approved 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 Positive Companies Inc. for a site plan review and
conditional use permit to allow for a drive -in and convenience food establishment in a
retail /office building referred to as Oak Park Heights Marketplace, located off of Neal Avenue
North, east of State Highway 5 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 subject
to the following conditions:
1. The grading, drainage and utility plans are subject to the review and approval of the City
• Engineer.
2. The proposed signage for the site shall be consistent with Section 401.15.G of the Zoning
Ordinance and the sign design guidelines submitted by the applicant. A sign permit shall
be obtained prior to the erection of any signs on the subject site.
3. Landscaping plans shall be subject to the review and approval of the City Arborist.
4. The applicant shall obtain a driveway access permit from the Minnesota Department of
Transportation (MnDOT) for the additional access to accommodate the drive - through.
5. The applicant must submit additional lighting plans detailing the proposed exterior
building lighting, subject to City staff s review and approval. Mounted pole height for
the proposed parking area lights shall not exceed 25 feet.
6. As access to the site and drive - through area may become problematic, the City shall
maintain a right to review the conditional use permit and shall have the right to require
the developer to make modifications to the site access and traffic circulation patterns
should traffic use of, or to the site, create a public safety problem.
7. Sound levels from ordering and announcement equipment shall be in compliance with
Section 401.15.13.11 of the Zoning Ordinance.
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Approved by the City Council of the City of Oak Park Heights this 23` day of May 2006.
David Beaudet, Mayor
T:
ATT
E A. o son, City Administrator
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Attachment A
Washington County GEO Code: 06.29.20.11.0019
Legal Description: Lot 1, Block 1, Jacob 2 nd Addition
t
ATTACHMENT B
Conditional Use Permit - Drive - through Window
Oak Park Heights Marketplace
Application Materials
• Application Form
• Fees
• Plan Sets (3 Large Scale Sets /20 11X17 Sets)
• Written Narrative and Graphic Materials Explaining Proposal
• Mailing List from Washington County (350'/150' from subject property)
• Proof of Ownership or Authorization to Proceed
• Property Tax Statement(s) /Legal Description(s)
Conference With City Staff Upon Application Submittal: April 5, 2006
Planning Commission Public Hearing & Recommendation: May 11, 2006
Required Approvals: CUP
City Council 4/5
Conditional Use Permit - Lapse of Approval:
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)