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Home My WebLink About2003-05-27 CC Resolution #03-05-31RESOLUTION NO. 03-05-31 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 NORTH AMERICAN PROPERTIES FOR A PLANNED UNIT DEVELOPMENT CONCEPT PLAN APPROVAL TO ALLOW THE CONSTRUCTION OF A KOHL'S DEPARTMENT STORE AND RETAIL COMMERCIAL SPACE ON PROPERTY SOUTH OF 60 STREET AND WEST OF NORELL AVENUE NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from North American Properties for a planned unit development concept plan approval to allow the construction of a Kohl's Department Store and retail commercial space on property south of 60 Street and west of Norell Avenue 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: The real property affected by said application is legally described as SEE ATTACHMENT A 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: follows, to wit: and and SEE ATTACHMENT B 3. The subject site is zoned 0, Open Space Conservation and will be rezoned to B-2, General Business District as part of the General Plan of Development; and 4. The applicants have provided information requested by the City related to traffic management, stormwater, and connections to existing development; and request; and 5. The City prepared a memorandum dated May 1, 2003 reviewing the 6. The Planning Commission held a public hearing at their May 8, 2003 meeting, took comments from the applicants and public, closed the public c hearing, and recommended that the application be approved subject to 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 North American Properties for a planned unit development concept plan approval to allow the construction of a Kohl's Department Store and retail commercial space on property south of 60 Street and west of Norell Avenue 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 subject to the following conditions: 1. The City finds that the proposed concept plan, building and parking arrangement to be acceptable. 2. Rezoning of the property to B-2 with a planned unit development overlay would occur concurrently with the general plan of development approval. 3. Concept plan approval includes the proposed 19,200 square foot Kohl's expansion. 4. The access to Norell Avenue may be moved north pending approval by Wal Mart of an access easement and the approval of the City Engineer. 5. The City Engineer shall comment on the traffic analysis provided by the applicant. The traffic circulation plan and required improvements shall be subject to review and approval of the City Engineer. 6. The grading and drainage plan shall be subject to review and approval of the Browns Creek Watershed District and the City Engineer. All required stormwater improvements and/or payments shall be outlined in the general plan approval and the development contract. 7. The Zoning Ordinance parking requirement of six parking spaces per 1,000 square feet may be varied for this development as part of the General Plan of Development approvals. Applicants shall work with City staff to determine appropriate ratio for the development. Parking stalls that are in excess of the requirements for this development may be shown on the site plan as proof of parking and landscaped appropriately. 2 8. The concept utility plan is subject to review and approval of the City Engineer. 9. The Parks Commission shall comment on the need for additional trails and sidewalks on/or adjacent to the subject site. Sidewalk connections along Norell Avenue and Krueger Lane to 58 Street with crosswalks should be considered. The general plan shall address adequate berms 10. g p q berms, fences, and landscaping along 58 Street and Krueger Lane to screen the loading dock areas. 11. The architectural appearance of the structure shall be subject to Design Guidelines review as part of the general plan of development consideration. 12. Detailed plans related to lighting, signage and landscaping shall be subject to review as part of the general plan of development consideration. 13. The grading and placement of a retaining wall adjacent to the transmission line towers shall be subject to written approval of Xcel Energy. 14. The applicant shall be required to enter into a development contract with the City subject to review and approval of the City Attorney and City Council All cross easements and other easement documents required for this development shall be subject to review and approval of the City Attorney. 2003. Approved by the City Council of the City of Oak Park Heights this 27th day of May David Beaudet, Mayor 3 ATTACHMENT A Washington County GEO Code: 05- 029 -20 -21 -0029 Legal Description: Outiot B, Brackey Addition ATTACHMENT B Planned Unit Development (PUD): General Concept Plan KOHL'S DEPARTMENT STORE 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 (500' 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 30, 2003 Required Approvals: PUD: General Concep Planning Commission 4/5 City Council 415 PUD: General Concept Effect of Concept Plan Unless the applicant shall fail to meet time schedules for filing General Plan of Development Stage and /or Final Plans or shall fait to proceed with development in accordance with the plans as approved or shall in any other manner fail to comply with any condition of Ordinance 401 or any approval granted pursuant to it, a General Concept Plan which has been approved and a PUD Agreement signed by the applicant shall not be modified, revoked or otherwise impaired pending the application for approval of the General Plan of Development Stage and Final Plans by any action of the City of Oak Park Heights without consent of the applicant. (401.06.C.2.d) PUD: General Concept - Limitation on General Concept Plan Approval: 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)