HomeMy WebLinkAbout2002-04-23 CC Resolution #02-05-23WHEREAS, the City of Oak Park Heights has received a request from
Montanari Homes for a planned unit development/conditional use permit, a conditional use
permit for a reduction in parking and to allow a joint parking allowance, preliminary/final plat
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and site plan/Design Guideline review for an office building at 13481 North 60th Street; 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:
follows, to wit:
and
and
RESOLUTION NO. 02
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 MONTANARI HOMES FOR PLANNED UNIT
DEVELOPMENT /CONDITIONAL USE PERMIT,
PRELIMINARY/FINAL PLAT AND SITE PLAN REVIEW FOR
AN OFFICE BUILDING AT 13481 NORTH 60 STREET
SHOULD BE DENIED
1. 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:
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SEE ATTACHMENT B
3. The subject site is zoned CBD, Central Business District in which office
buildings are a listed permitted use; and
4. The HID/CUP and preliminary /final plat is required to subdivide the
property for office condominiums; and
5. A conditional use permit is required to allow a reduction from the off -
street parking supply requirements and to allow a joint parking proposal with an adjoining
property; and
6. The City staff prepared a memorandum dated December 6, 2001 which
recommended the applicant address issues related to the site and to provide additional
information; and
7. In February 2002, the applicant provided additional information and a
Declaration of Cross Easements with the adjoining property owner; and
8. The City staff prepared a memorandum dated March 7, 2002
recommending the Planning Commission approve the request subject to submittal of additional
information and satisfaction of conditions; and
9. The March 7, 2002 memo addressed the issue of the termination clause of
the Declaration of Cross Easements and the need for City Attorney approval of the document.
10. The City Attorney drafted a memo on March 14, 2002 indicating that the
Declaration of Cross Easements document could not be approved with the 60 day termination
■ a ■ City V
clause and without document amendment or modification approval by the Cit of Oak Park
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Heights.
11. At the March 14, 2002 Planning Commission meeting, City staff
recommended that the application not move forward until a preliminary /final plat was submitted
and a Declaration of Cross Easements, which is satisfactory to the City Attorney, was submitted
for approval; and
12. The Planning Commission held a public hearing at their March 14, 2002
meeting, took comments from the g applicants and public, closed the public hearing, and
recommended approval of the application; and
13. On April 12, 2002, the City of Oak Park Heights received a letter from
Montanari Homes addressing the market for the office building, a utility plan, and a signed
Declaration of Cross Easements; and
14. The signed Declaration of Cross Easements did not include language
acceptable to the City Attorney regarding termination and City of Oak Park Heights approval for
amendment or modifications.
.15. The Declaration of Cross Easements submitted by the applicant to the City
i
of Oak Park Heights is not acceptable to the City Attorney in regards to the termination clause
and City of Oak Park Heights approval for amendments or modifications to the document.
16. The project as proposed requires 90 off- street spaces in accordance with
Section 401.15.F. the Zoning Ordinance. With proof of parking, the applicant is ro osin 53
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off - street parking stalls. Without a Declaration of Cross Easements that is acceptable to the City
Attorney to allow utilization of the Eagles parking lot or the provision of on-street parking on
60 Street North, the subject site will be 37 off - street parking stalls short of the Zoning
Ordinance requirements.
2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS THAT THE CITY COITNCIL DENIES THE
FOLLOWING:
A. The application submitted by Montanari Homes for a planned unit development/
conditional use permit, a conditional use permit for a reduction in parking and to allow a
joint parking allowance, preliminary /final plat and site plan/Design Guideline review for
an office building at 13481 North 60th Street and affecting the real property as follows:
Be and the same as hereby denied by the City Council of the City of Oak Park Heights based
upon the following findings:
1. The Declaration of Cross Easements submitted by the applicant to the City of Oak Park
Heights is not acceptable to the City Attorney in regards to the termination clause and
City of Oak Park Heights approval for amendments or modifications to the document.
2. The project as proposed requires 90 off-street spaces in accordance with Section
401.15.F. the Zoning Ordinance. With proof of parking, the applicant is proposing 53
off-street parking stalls. Without a Declaration of Cross Easements that is acceptable to
the City Attorney to allow utilization of the Eagles parking lot or the provision of on-
street parking on 60th Street North, the subject site will be 37 off - street arkin stalls
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short of the Zoning Ordinance requirements.
3. Based upon a deficiency of 37 off-street parking stalls as required by Section 401.15.F of
the Zoning Ordinance, the conditional use permit for a reduction of off - street parking and
for off -site parking shall be denied.
4. Denial of the conditional use permits for parking shall also require denial of the planned
unit development/conditional use permits, preliminary /final plat, and site plan/Design
Guideline for the application submitted by Montanari Homes.
2002.
ATTEST:
SEE ATTACHMENT A
DENIED by the City Council of the C
Kimberly Kam ►'- r, Actin (City Administrator
avid Beaude ayor
3
Height rd day of April
Exhibit "A"
Legal Description: Lot "A" RLS #57, Except all that portion lying N'ly of
the following described line. Beginning at a point on the E. line of said
Tract A; thence westerly to a point of the W. line of said Tract A, distant
21.26 feet S 'ly of the N.W. comer and said line there terminating.
Washington County, Minnesota.
Submitted Plans:
City o.
Oak Park Heights
14168 Oak Park Blvd • Box 2007 * Oak Park Heights, MN 55082
Phone (651) 439 -4439 * Fax 439 -0574
Attachment B
Address: 13481 60 Street
Applicant: Montanari Homes, Inc.
Date: November 26, 2001
}� Application form and payment for fees
Proof of ownership or authorization to proceed as applicant
A parcel search obtained from Washington County of all properties located
within 500 feet of the exterior boundaries of the property
iC Property Tax Statement
Grading and Drainage Plan
i Landscape Plan
Signage Plan
Lighting Plan
N/A Tree Protection and Replacement Plan
X Building Elevations
N/A other Plans and/or information as required by Ordinance or requested by City
Staff
X�3 full scale sets of plan
X 20 —11 " X 17" sets of plans