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Home My WebLink About2002-09-24 Fully Executed 2nd Amended CUP & PUD CITY OF OAK PARK HEIGHTS SECOND AMENDED CONDITIONAL USE PERMIT AND PLANNED UNIT DEVELOPMENT FOR DDD.LLC File No.: 798.02 -02.23 Date Issued: September 24, 2002 Legal Description: (Washington County Geo. Code 06- 029 -20 -24 -0004 ) LOT 2, BLOCK 1, KERN CENTER SECOND ADDITION Owner: DDD LLC Address: 3686 LAYTON AVE NO LAKE ELMO, MN 55042 SITE ADDRESS: Kern Center Present Zoning District: B -3 HIGHWAY BUSINESS AND WAREHOUSE Permitted uses set forth in Ordinance 401 Section 401.300 I. CONDITIONAL USE PERMIT FOR: Applicants have applied for an amendment to the CUP /PUD to allow for building site changes to allow construction of building #2 of this phased project. Modifications have been allowed to allow a slightly larger building to accommodate trash storage and parking lot redesign to access to the loading doors of building #2. All uses shall be subject to the following conditions and /or restrictions imposed by the City Council of the City of Oak Park Heights. II. ADDITIONAL RESTRICTIONS AND PROVISIONS. The followin additional restrictions and provisions bein part of the Second Amended Conditional Use and Planned Unit Development Pen-nit to be issued herein affectin the followin matters shall be: I The site plan has been revised to allow for a 572 s foot addition to Buildin 2 to allow for trash CY cl stora 8 k-;. 2. The parkin lot site plan has been revised to eliminate ei parkin stalls within the center parkin island. 3. The g radin g , draina and utilit plans are subject to review and approval of the Cit En 4. The li plans should be revised to compl with the li standards of the Zonin Ordinance or the fixtures are removed from the northeast side of Buildin Two. 5. The landscape plan is subject to review and approval of the Cit Arborist. 6. The buildin department of the cit will monitor parkin allotment/allocations between warehouse and office space utilized on the site . An combination of uses on the premises that exceeds parkin re as outlined in the cit ordinances shall re the owners to appl for and obtain a variance prior to implementin such use or uses on the site IV. Reference Attachment: Exhibit -A. The recommendations of the Cit Planner as adopted b the Cit Council dated September 5, 2002 are annexed hereto be reference. IN WITNESS WHEREOF, the parties have set forth their hands and seals. C IT OAK PA I GHTS Date: B David Beaudet Ma B Date: Kim Damper Actin Cit Administrator DDD LLC Date: By _ Its Date: By Its Exhibit A CITY PLANNER RECOMMENDATIONS OAK PARK HEIGHTS DDD, LLC — Conditional Use Permit, Planned Unit Development Amendment and Site Plan Review Planning Commission Recommendation: April 12, 2001 City Council Approval: April 24, 2001 The City Council approved the Planned Unit Development, the Conditional Use Permit, and the site plan review for two office /warehouse buildings at the intersection of Memorial Avenue and 55`" Street North with the following conditions: 1. The City Council grants flexibility to consider the front lot line and building front to be Memorial Avenue North. 2. Building elevations are revised to note the proposed colors of the painted concrete block and trim. The primary color must be a soft, warm, earth tone. Color samples must be submitted for City review and approval. 3. Building #2 is revised to include at least one stepped back break in the facade that is similar to Building #1. 4. The landscape plan for the entire property including all phases is subject to review and approval of the City Arborist. Further review and approval of the landscape plan by the City Arborist will be required for that area identified for ponding if the Watershed District determines that the stormwater pond is not required. Landscaping must include screening of trash enclosures and loading areas. 5. Details of the proposed wall lights are submitted and are compliant with Section 40 1.15.7 of the Zoning ordinance, 6. wall signage must not exceed 64 square feet for each business. If a monument sign. is proposed, plans must be submitted showing that the sign does not exceed 50 square feet. The plans are subject to City review and approval. 7. All grading, drainage and utility plans shall be subject to review and approval of the City Engineer. 8. watershed District approval is required. 9. A phasing plan is required and is subject to City review and approval. The parking lot for both development phases shall be fully constructed within one year of issuance of the building pen - nit for Building # 1. 10. if Phase 2 does not begin within three years of PUD approval or if the plans substantially change, approval of Phase 2 will be cancelled and the project must go through the review process again, 11. A development agreement will be required between the City and developer subject to review and approval of the City Attorney. 12. Comments of the Planning Commission, City Council and other City staff.. RESOLUTION NO. OF THE 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 DDD LLC FOR A CONDITIONAL USE PERMIT/ PLANNED UNIT DEVELOPMENT AMENDMENT TO ALLOW FOR BUILDING AND SITE PLAN CHANGES FOR CONSTRUCTION OF BUILDING TWO AT MEMORIAL AVENUE NORTH AND 55 STREET NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from DDD LLC for a conditional use permit /planned unit development amendment to allow for building and site plan changes for construction of Building Two at Memorial Avenue North and SS Street North; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the application be approved with conditions. The City Council of the City 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 subject site is zoned B -3, Highway Business and Warehousing District in which business warehousing activities are a permitted use; and 4. The proposed site plan changes include incorporating the trash handing area within a 572 square foot addition to proposed Building Two and removing the eight parking stalls on the easterly side of the center parking island; and 5. City staff prepared a planning report dated September 5, 2002 reviewing the request; and 6. The Plannin Commission held a public hearin at their September 12, 2002 meetin took comments from the applicants and public, closed the public hearin and made the followin recommendation: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL RECOMMENDS THE FOLLOWING: A. The application submitted b DDD LLC for a conditional use permit/planned unit development amendment to allow for buildin and site plan chan for construction of Buildin Two at Memorial Avenue North and 55t" Street North and affectin the real propert as follows: SEE ATTACHMENT A Be and the same as hereb approved b the Cit Council of the Cit of Oak Park Hei subject to the followin conditions: I The site plan has been revised to allow for a 572 s foot addition to Buildin 2 to allow for trash stora 2. The parkin lot site plan has been revised to eliminate ei parkin stalls within the center parkin island. 3. The g radin g , draina and utilit plans are subject to review and approval of the Cit En 4. The li plans should be revised to compl with the li standards of the Zonin Ordinance or the fixtures are removed from the northeast side of Buildin Two. 5. The landscape plan is subject to review and approval of the Cit Arborist. 6. The buildin department of the Cit will monitor parkin allotment/allocations between warehouse and office space utilized on the site. An combination of uses on the premises that exceeds parkin re as outlined in the Cit ordinances shall re the owners to appl for and obtain a variance prior to implementin such use or uses on the site. Approved b the Cit Council of the Cit of Oak Park Hei this 24th da of September 2002. David Beaudet, Ma 2 ATTEST. Kimberly Ka per, Acting Clay Administrator 3