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Home My WebLink About2012-01-31 CC Resolution 12-01-11 RESOLUTION NO.1 2 - 1 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 NH PARTNERS — OAK PARK HEIGHTS FOR A PLANNED UNIT DEVELOPMENT AMENDMENT, DESIGN GUIDELINES REVIEW AND VARIANCE FOR ONE ADDITIONAL WALL SIGN FOR A NEW HORIZON ACADEMY CHILD CARE CENTER AT 5903 NEAL AVENUE NORTH BE APPROVED WITH CONDITIONS WHEREAS, S, the City of Oak Park Heights has received a request from NH Partners — Oak Park Heights for a Planned Unit Development Amendment, Design Guidelines review and Variance for one additional wall sign for a New Horizon Academy child care center at 5903 Neal 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 and resolution: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A 1 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 property is zoned PUD Commercial Planned Unit Development in which changes to the Planned Unit Development, including revisions to the parking lot and the addition of outdoor play area require an amendment; and 4. A review of the project for conformance with the Design Guidelines is required in that the exterior of the structure is to be remodeled; and 5. The applicants have requested a sign variance to allow for one additional wall sign on the building; and 6. City staff prepared a planning report dated January 4, 2012 reviewing the request; and 7. Said report recommended approval of the Planned Unit Development Amendment, Design Guidelines review and Variance for one additional wall sign subject to the fulfillment of conditions; and 8. The Nanning Commission held a public hearing at their January 12, 201.2 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 NH Partners — Oak Park Heights for a Planned Unit Development Amendment, Design Guidelines review and Variance for one additional wall sign for a New Horizon Academy child care center at 5903 Neal Avenue North and affecting the real property as follows: SEE ATTACHMENT A The City Council of the City of Oak Park Heights approves the variance for the one wall sign subject to the following findings of fact: 1. The applicants have proposed a total of three wall signs, one each on three facades of the building. 2. The total square footage of signage is 256 square feet, or 144 square feet less than the maximum allowed of 400 square feet. 3. The building is located in the Destination Retail Highway Sign District in which allowances have been made because of the lack of visibility to this retail area from major roadways. 4. Due to the location of this business in that it is not visible from Highways 5 and 36 and has limited visibility from 58 Street, the applicants have indicated that only allowing two wall signs would cause an undue hardship for their business and the ability of parents to locate the building. The approvals are subject to the following conditions: 2 1. A representative of the shopping center owner shall provide written consent to the City for the changes that will occur to the parking lot on the shopping center property. 2. The City Engineer shall review the parking analysis and comment on any potential impacts to the street system. 3. The City Council approves the sign variance for three wall signs each on different facades of the building and not to exceed a total of 256 square feet. 4. The sign specifications and methods of illumination shall be subject to review and approval of the City Planner at the time of permitting. 5. All lighting fixtures shall be full cut off and installed in compliance with the lighting standards of the Zoning Ordinance. All visible interior lighting shall also be full cut off. The lighting specifications shall be subject to review and approval of the City Planner at the time of permitting. 6. Mechanical equipment that is located on the roof and visible from street level or from neighborhood properties shall be screened with materials that blend harmoniously with the building facade materials. 7. The City Council is favorable to the sustainability initiatives proposed for the building and site. 8. The City Council is favorable to the building material selection and colors. A materials board was provided by the applicant for the City Council to review and approve. 9. The applicant shall provide plans for the storage structure at the time of building permit review. The color of the storage structure shall be consistent with the color of the play structure. 10. The grading, drainage and utility plans shall be subject to the review and approval of the City Engineer and the applicable watershed district. 11. A bike rack shall be added at the front entrance of the building. 12. The landscape plans are subject to review and approval of the City Arborist. 3 Approved by the City Council of the City of Oak Park Heights this 31 day of January, 2012. r , 440/A i S/00 4wi r. , l . A t - O. . h ■ / i avid Beaudet, Mayor ATI'BST: Aill '° A. ". 1 . n, City Administrator 4 ATTACHMENT A Design Guideline Review, Site Plan Review, Planned Unit Development Amendment, And Sign Variance New Horizon Academy Child Care 5903 Neal Ave. N. Legally described as: Lot 6, Block 1, Oak Park Ponds Addition Washington County GEO Code: 06.029.20.11.0012 ATTACHMENT B • � k f 4 Design Guideline Review, Site Plan Review, Planned Unit Development (PUD) Amendment, And Sign Variance For New Horizon Academy Child Care 5903 Neal Ave. N. 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) Meeting With City Staff Upon Application Submittal: December 7, 2011 Required Approvals: PUD Amendment City Council 4/5 PUD Amendment - 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) Variance - Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the variance shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the variance. An application to extend the approval of a variance shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.04.C.4.1 and 2)