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Home My WebLink About2005-09-27 CC Resolution #05-09-39and RESOLUTION NO 05- 09-39 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 CSM EQUITIES LLC FOR A PUD CONCEPT PLAN REVIEW TO INCLUDE A LOWE'S HOME IMPROVEMENT CENTER AND OTHER RETAIL DEVELOPMENT ON PROPERTY SOUTH OF 60 STREET NORTH AND WEST OF THE PROPOSED NOVAK AVENUE NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from CSM Equities LLC for a PUD concept plan review to include a Lowe's Improvement Center and other retail development on property south of 60 Street North and west of the proposed Novak 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 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 SEE ATTACHMENT B 3. The subject property is zoned B -4, Limited Business District in which retail sales and services are a permitted use; 4. City staff prepared a planning report dated September 1, 2005 reviewing the request for the PUD concept plan review; and 5. The September 1, 2005 planning report recommended approval of the concept plan review subject to the fulfillment of conditions; and 6. The Planning Commission held a public hearing at their September 27, 2005 meeting, took comments from the applicants and public, closed the public hearing, and recommend 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 CSM Equities LLC for a PUD concept plan review to include a Lowe's Improvement Center and other retail development on property south of 60 Street North and west of the proposed Novak 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. A preliminary /final plat is submitted as part of the general plan of development. 2. The applicant provide a property appraisal for those areas subject to park dedication. 3. A public hearing shall be held for vacation of existing right-of-way and utility easements. The development agreement shall specify the amount and terms for reimbursement to the City for the vacated right-of-way and easements. 4. The street design of Novak Avenue shall be subject to review and approval of the City Engineer. The project developers shall dedicate 100 feet of right-of-way for Novak Avenue from the northerl y edge e of the Xcel power line easement south to 5 8th Street. 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 Planning Commission and Park Commission shall review the public trail and sidewalk system for the area as part of the general plan of development stage. 7. The City Council accepts a 20 foot setback for buildings adjacent to Norwich Avenue North for concept plan approval providing the general plan of development submittal addresses building detailing and landscaping for said buildings and setback area. 8. A 30 foot setback from all parking and drive aisles with plans for benns, fencing and screening be provided at the south property line of the development. The revised plans shall be provided at the general plan of development stage. 9. The building plans for Lowe's to be submitted for general plan of development review shall address screening of roof mechanicals. 10. Detailed tree inventory, tree preservation, and landscape plans shall be provided for general plan of development. All parking lot islands shall be increased to at least 15 feet in width. 2 11. Detailed grading, drainage and utility plans shall be provided for general plan of development review. 12. The Zoning Ordinance parking requirement of six parking spaces per 1,000 square feet may be varied for the Lowe's portion of the development as part of the general plan of development approvals. Applicants shall work with City staff to determine appropriate ratio for the development. 13. The parking lot design shall be revised to comply with all Zoning Ordinance parking stall and drive aisle dimension standards. 14. The general plan of development submittal shall address site details such as pedestrian access, loading areas, and trash enclosures. 15. The Fire Marshal and Police Chief should review the plans and determine the accessibility of emergency vehicles throughout the development. 16. The plat shall dedicate right-of-way for Novak Avenue and all required easements as required by the City Engineer and City Attorney. 17. The Planning Commission and City Council shall comment on the design of Novak Avenue including screening, landscaping and boulevards that may be required at the general plan of development review. 18. Detailed architectural plans for the proposed buildings in the project shall be required for general plan of development review. 19. The architectural appearance of the structures shall be subject to Design Guidelines review as part of the general plan of development consideration. 20. The applicant shall be required to enter into a development agreement 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. 21. The City encourages discussion between Wal Mart and CSM /Lowe's to provide a cross access between the two properties. Approved by the City Council of the City of l ak Park Heights his - 27th day of September 2005. AT A. Jo son, City Administrator 3 Parcel 1 All that part of the North Half of the Northeast Quarter of Section 5, Township 29 North, Range 20 West, Washington County, Minnesota, described as follows Beginning at the Northwest corner of the Bast 1093.00 feet of said North half of the Northeast Quarter, as measured at a right angle to the East line of said North Half of the Northeast Quarter; thence South 01 degrees 52 minutes 14 seconds East, assumed bearing, along the Westerly line thereof, a distance of 633.04 feet; thence South 89 degrees 51 minutes 37 seconds East 80.05 feet to the West line of the East 101100 feet of said North Half of the Northeast Quarter, as measured at a right angle to said East line and a point hereinafter referred to as Point "A "; thence South 01 degrees 52 minutes 14 seconds East along said Westerly line a distance of 226.10 feet; thence South 89 degrees 42 minutes 13 seconds West 49.31 feet; thence South 01 degrees 52 minutes 08 seconds East 363.61 feet to the Southerly line of said North Half of the Northeast Quarter; thence South 89 degrees 42 minutes 13 seconds West along said Southerly line 609.66 feet; thence North 01 degrees 52 minutes 08 seconds West 59433 feet to a point hereinafter referred to as Point "B" which bears North 89 degrees 51 minutes 37 seconds West from the before mentioned Point "A "; thence South 89 degrees 51 minutes 37 seconds East along a line, hereinafter referred to as Line "AB ", for 479.01 feet to the intersection with the Westerly line of the East 1193.00 feet of said North Half of the Northeast Quarter; thence North 01 degrees 52 minutes 14 seconds West 633.29 feet to the Northerly line of said North Half of the Northeast Quarter; thence South 89 degrees 43 minutes 00 seconds Bast along said Northerly line a distance of 100.07 feet to the point of beginning. Torrens Property Torrens Certificate No. 60763 Parcel 2 A portion of Tract A, Registered Land Survey No. 114, Washington County, Minnesota. Torrens Property Torrens Certificate No. 57414 (Includes other land) Parcel 3 Parcel 4 AND, EXHIBIT A Outiot B, Haase Addition, according to the recorded plat thereof, Washington County, Minnesota. Torrens Property Torrens Certificate No. 56075 The northerly 73 feet of the easterly 686.39 feet of Outlot A, BOUTWELLS LANDING, Washington County, Minnesota. The northerly 73 feet of the westerly 83 feet of the Southeast Quarter of the Northeast Quarter of Section 5, Township 29 North, Range 20 West. ATTACHMENT B Planned Unit Development (PUD): Concept Plan CSM Equities - Village At Oak Park Heights Application Materials • Application Form O Fees O Plan Sets (3 Large Scale Sets /20 11X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal O Mailing List from Washington County (500' from subject property) O Proof of Ownership or Authorization to Proceed • Property Tax Statements }/Legal Description(s) Conference With City Staff Upon Application Submittal: August 23, 2005 Planning Commission Public Hearing & Recommendation: September 27, 2005 Required Approvals: Planning Commission 4/5 City Council 4/5 PUD: general Conce t — Effect of Concept Plan Approval: Unless the applicant shall fail to meet time schedules for filing General Plan of Development Stage and/or Final Plans or shall fail to proceed with development in accordance with the plans as approved or shalt 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 .06C2.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)