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HomeMy WebLinkAbout2005-12-27 CC Resolution - Unsigned r RESOLUTION NO. 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 DAVID AND POLLY NEMEK FOR A PUD AMENDMENT /CONCEPT AND GENERAL PLAN OF DEVELOPMENT FOR AN ADDITION TO THE OAK PARK PONDS SHOPPING CENTER LOCATED AT THE CORNER OF 58 STREET AND NEAL AVENUE NORTH SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from David and Polly Nemek for a PUD amendment /concept and general plan of development for an addition to the Oak Park Ponds Shopping Center located at the corner of 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: SEE ATTACHMENT B and 3. The subject property is zoned PUD, Planned Unit Development District in which the proposed retail and service uses are permitted; and 4. The concept plan approvals in 1997 for the Oak Park Ponds Shopping Center included the potential for this expansion; and 5. The City staff prepared a planning report dated December 1, 2005 reviewing the request for the PUD amendment /concept and general plan approvals; and 6. The December 1, 2005 planning report recommended approval of the PUD amendment /concept and general plan subject to the fulfillment of conditions; and 7. The Planning Commission held a public hearing at their December 8, 2005 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 David and Polly Nemek for a PUD amendment /concept and general plan of development for an addition to the Oak Park Ponds Shopping Center located at the corner of 58 Street and Neal 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 applicant shall provide lighting specifications for the wall fixtures as part of the building permit application. The wall fixtures shall match the existing building fixtures or comply with all lighting regulations of the Zoning Ordinance. 2. All signage shall comply with the Zoning Ordinance requirements. Signage proposed for the retail center shall be subject to City staff approval. 3. The proposed utility, grading, and drainage plans shall be subject to the review and approval of the City Engineer and Valley Branch Watershed District. 4. The proposed building plans, design and materials shall be subject to review and approval of City staff. 5. The floor plans be altered to allow access during business hours from all tenant spaces through the space labeled as Unit 103 in the floor plans to the trash enclosure area and the exterior of the building. 6. The Service Availability Charges (SAC) will not be transferred from 5850 Omaha Avenue North. 7. The cross easements, declarations, and agreements are subject to review and approval of the City Attorney. 2 Approved by the City Council of the City of Oak Park Heights this 27th day of December 2005. David Beaudet, Mayor ATTEST: Eric A. Johnson, City Administrator 3