HomeMy WebLinkAbout2003-08-26 CC Meeting Packet EnclosureMeeting Date August 26, 2003
Agenda Item Title Midas CUP: Multi-Tenant Retail Building
Time Required 5 Minutes
Agenda Placement New Busi
Originating Department/R.
Requester's Signature
Action Requested
Oak Park Heights mk'rq tin Pr 6
Request for Council Action
SS
er applic
tration -- Eric Johnson
Background/Justification (Pleas dicate any previous action, financial implications
including budget information an recommendations).
Planning Commission Recommending Resolution and proposed Council Resolution
are attached.
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A RECOMMENDING RESOLUTION
OF TTIE
PLANNING COMMISSION
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RECOMMENTIING TO THE CITY COUNCIL THAT THE
REQUEST BY PETER ROUSER FOR A CONDITIONAL USE PERMIT
TO ALLOW A MINOR AUTO REPAIR FACILITY IN THE
CBD, CENTRAL BUSINESS DISTRICT AND SITE PLAN APPROVAL
SHOULD BE DENIED
WHEREAS, the City of Oak Park Heights has received a request from Peter
Houser for a conditional use permit to allow a minor auto repair facility in the CBD, Central
Business District and site plan approval; and after having conducted a public hearing relative
thereto, the Planning Commission of Oak Park Heights makes the following findings of fact:
1. The real property affected by said application includes all properties zoned
CBD, Central Business District in the City of Oak. Park Heights; and
2. The applicant has submitted an application and supporting
pp
documentation to the Community Development Department consisting of the following items:
and
3. A staff planning report, dated May 2, 2003, reviewed the request for the
conditional use permit and site plan approval; and
4. The City amended its Zoning Ordinance on August 11, 1998 to include a
CBD, Central Business District; and
5. The area known as the Central Business District was zoned CBD, Central
Business District on August 11, 1998; and
6. The City completed a Central Business District Urban Design Study, dated
May 1999; and
7. The City adopted Central Business District Design Guidelines, dated June
2000; and
SEE ATTACHMENT A
8. The CBD, Central Business District of the Zoning Ordinance does not
allow automotive related uses such as sales lots or interior or external automobile repair; and
6 The minor automotive repair use is found to be inconsistent with the land uses and
performance standards established for the CBD, Central Business District.
7. The City has adequate area guided in the Comprehensive Plan and zoned to
accommodate automotive repair uses.
8. The Planning Commission, at their June 12, 2003 meeting, recommended that a zoning
amendment to allow for minor auto repair in the Central Business District be denied.
9, The City Council, at their July 22, 2003 meeting, denied the request to amend the Zoning
Ordinance to allow minor auto repair in the Central Business District.
10. Based upon the July 22, 2003 decision by the City Council denying the request to allow
for a Zoning Ordinance amendment to allow minor auto repair in the Central Business
District, the request for conditional use permit approval for a minor auto repair facility
and site plan approval for the proposed Midas shall also be denied.
Recommended by the Planning Commission of the City of Oak Park Heights this 14 day
of August 2003.
ric A. John's ity Administrator
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and
RESOLUTION NO.
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
DENIAL BY THE CITY COUNCIL OF THE
REQUEST BY PETER ROUSER FOR A CONDITIONAL USE PERMIT
TO ALLOW A MINOR AUTO REPAIR FACILITY IN THE
CBD, CENTRAL BUSINESS DISTRICT AND SITE PLAN APPROVAL
WHEREAS, the City of Oak Park Heights has received a request from Peter
Houser for a conditional use permit to allow a minor auto repair facility in the CBD, Central
Business District and site plan approval; and after having conducted a public hearing relative
thereto, the Planning Commission of Oak Park Heights recommended that the application be
denied. The City Council of the City of Oak Park Heights makes the following findings of fact:
1. The real property affected by said application includes all properties zoned
CBD, Central Business District in the City of Oak Park Heights; and
2. The applicant has submitted an application and supporting
documentation to the Community Development Department consisting of the following items:
SEE ATTACHMENT A
3. A staff planning report, dated May 2, 2003, reviewed the request for the
conditional use permit and site plan approval; and
4. The City amended its Zoning Ordinance on August 11, 1998 to include a
CBD, Central Business District; and
5. The area known as the Central Business District was zoned CBD, Central
Business District on August 11, 1998; and
6. The City completed a Central Business District Urban Design Study, dated
May 1999; and
2000; and
7. The City adopted Central Business District Design Guidelines, dated June
8. The CBD, Central Business District of the Zoning Ordinance does not
allow automotive related uses such as sales lots or interior or external automobile repair; and
9. The Planning Commission held a public hearing on a zoning amendment
to allow for minor auto . repair in the Central Business District at their June 12, 2003 meeting,
took comments from the applicants and public, closed the public hearing, and recommended that
the request for a zoning amendment be denied; and
10. The City Council, at their July 22, 2003 meeting, considered the request
for a zoning amendment to allow for minor auto repair in the Central Business District, and
denied the request based upon the Planning Commission recommendation and findings of fact
approved at that meeting; and
11. The Planning Commission, having held a public hearing on the
conditional use permit and site plan review at their June 12, 2003 and August 16, 2003 meetings,
took comments from the applicants and public, closed the public hearing, and recommended that
the application be denied.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL MAKES THE
FOLLOWING FINDINGS OF FACT AND DENIES THE APPLICATION:
A. The application submitted by Peter Houser for a conditional use permit to allow a minor
auto repair facility in the CBD, Central Business District and site plan approval, and
affecting all properties zoned CBD, Central Business District in the City of Oak Park
Heights.
Be and the same as hereby denied by the City Council of the City of Oak Park Heights based
upon the following:
1. The Comprehensive Plan has designated this area as Central Business District.
2. The City has zoned the property CBD, Central Business District in which automotive
repair activities are not allowed.
3. The City has completed a Central Business District Urban Design Study and Design
Guidelines as a framework for land use and development standards for the area.
4. The City has approved plans for development on certain portions of the Central Business
District in compliance with the CBD, Central Business District zoning, Urban Design.
Study, and Design Guidelines.
5. The City, at this time, is not willing to deviate from the Comprehensive Plan, CBD,
Central Business District zoning, Urban Design Study, or Design Guidelines that were
established for the CBD, Central Business District.
6. The minor automotive repair use is found to be inconsistent with the land uses and
performance standards established for the CBD, Central Business District.
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7. The City has adequate area guided in the Comprehensive Plan and zoned to
accommodate automotive repair uses.
8. The Planning Commission, at their June 12, 2003 meeting, recommended that a zoning
amendment to allow for minor auto repair in the Central Business District be denied.
9. The City Cornell, at their July 22, 2003 meeting, denied the request to amend the Zoning
Ordinance to allow minor auto repair in the Central Business District.
10. Based upon the July 22, 2003 decision by the City Council denying the request to allow
for a Zoning Ordinance amendment to allow minor auto repair in the Central Business
District, the request for conditional use permit approval for a minor auto repair facility
and site plan approval for the proposed Midas shall also be denied.
ATTEST:
Denied b y City the Cit Council of the City of Oak Park Heights this 26th day of August 2003.
Eric A. Johnson, City Administrator
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David Beaudet, Mayor