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HomeMy WebLinkAbout2005-08-23 CC Resolution 05-08-32RESOLUTION NO. 05- O8--32 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 EQ LIFE FOR A SITE PLAN REVIEW, DESIGN GUIDELINES REVIEW, AND A SIGN VARIANCE FOR A PORTION OF THE FORMER RAINBOW FOODS STORE LOCATED AT THE OAK PARK PONDS SHOPPING CENTER AT 58 STREET AND HEAL AVENUE NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from eq life for a site plan review, Design Guidelines review, and a sign variance for a portion of the former Rainbow Foods store located at the Oak Park Ponds Shopping Center at 58 Street and Neal Avenue 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 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: and SEE ATTACHMENT B 3. The subject property is zoned PUD, Planned Unit Development in which retail sales and services are a permitted use; and 4. The site plan review is required to consider changes to the front facade entrance and the rear loading dock/trash storage area. Design. Guidelines review is required for the facade changes to the building; and 5. A sign variance is required to allow a total of five wall signs where two would be permitted; and SEE ATTACHMENT A 6. City staff prepared a planning report dated August 4, 2005 reviewing the request for the site plan review, Design Guideline review, and sign variance; and 7. The August 4, 2005 planning report recommended approval of the site plan review, Design Guideline review, and limited sign variance approval subject to the fulfillment of conditions; and 8. The Planning Commission held a public hearing at their August 11, 2005 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the request 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 eq life for a site plan review, Design Guidelines review, and a sign variance for a portion of the former Rainbow Foods store located at the Oak Park Ponds Shopping Center at 58 Street and Neal Avenue North and affecting the real property as follows: Be and the same as hereby approved by the City Council of the City of Oak Park Heights with the following findings of fact for the sign variance: 1. The applicant proposes to increase the number of signs for eq life, Geek Squad, Caribou Coffee, and PrairieStone Pharmacy to five signs from the allowable two signs. 2. The total requested square footage of signage is significantly less than what is allowed by the Zoning Ordinance. 3. The overpass of Highway 36 and Highway 5 provides a significant visibility barrier for businesses in Oak Park Ponds Shopping Center, resulting in a hardship for advertising this location. 4. Geek Squad, Caribou Coffee, PrairieStone Pharmacy and eq life spa and salon are separate entities within the same retail space not resulting in a multi- tenant condition for calculating allowable signage. The application is approved by the City Council of the City of Oak Park Heights with the following conditions: 1. The variance for signage shall be approved to allow three additional wall signs over the two allowable wall signs for a total of five wall signs. 2 2. The applicant shall provide details on the gate for the trash compactor enclosure and noise information for the compactor for City Council review. 3. All lighting at the rear entrance /loading dock shall be required to be full cut off and g g compliant with Zoning Ordinance provisions. 4. The Plannin g Commission makes a finding that the facade design and materials are in compliance with the Design Standards. 5. No window signage shall be allowed other than store identification, hours of operation and other informational signage at the front door to the business. 6. Any other comments of the City Council or City staff. Approved by City City d b the Cit Council of the Cit of o , ak Par ..Heights this 23 day / f� f August . . -- / � 9 2005. / , . fro+'; 'f'� � 1 / a_ - �rx.+ �r ) i d ric A. hnson, City Administrator 3 D avB e audet, NI ,o Attachment A Washington County GEO Code: 06-029-20-11-0011 Legal Description: Lot 2, Block 1, Oak Park Ponds Addition (shared with 5801 Neal Ave. N.) Physical Address: 5803 Neal Ave. N. ATTACHMENT B Site Plan Review, Design Guidelines Review Signage Variance E.Q. Life — 5803 Neal Ave. N. Application Materials O Application Form O Fees O Plan Sets (3 Large Scale Sets /20 11X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal O Mailin g List from Washington County (500' from subject property) O Proof of ownership or Authorization to Proceed O Property Tax Statement(s)/Legal Description(s) Conference With City Staff Upon Application Submittal: July 27, 2005 Planning Commission Public Hearing & Recommendation: August 11, 2005 �' g Required Approvals: Plannin g Commission 3 / 5 Cit y Council 4/5 Variance - Lapse of Approval: Unless the City Council specifically approves a different time when action is officially y p taken on the request, the variance 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 an y building structure, addition or alteration, or use requested as part of this variance. T'he p roperty owner shall have the right to submit an application to extend the approval of a variance to the Zoning Administrator not less than thirty (30) expiration s before the iration of said approval. (401.4.0 .1 — 401.4.C.2) p