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Home My WebLink About2003-0313 PC Recommending ResolutionWHEREAS, the City of Oak Park Heights has received a request from SC Mali LLC for an amended planned unit development and parking setback variance for proposed improvements at the St. Croix Mali located at Highway 36 and Osgood Avenue North; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights makes the following findings of fact: follows, to wit: and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: and A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY SC MALL LLC FOR AN AMENDED PLANNED UNIT DEVELOPMENT FOR PROPOSED IMPROVEMENTS AND PARKING SETBACK VARIANCE AT THE ST. CROIX MALL SHOULD BE APPROVED WITH CONDITIONS 1. The real property affected by said application is legally described as SEE ATTACHMENT A SEE ATTACHMENT B 3. SC Mali LLC has proposed the following improvements as part of the amended planned unit development and variance request: a. Roadway island, parking island, and sidewalk improvements. b. Closure of Oren Avenue North at its north terminus. c. Construction of parking stalls within five feet from the right-of-way of Omaha Avenue North requiring the parking setback variance. d. Revisions to surface parking. e. Electrical /utility relocation. f. Site and facade lighting improvements. g. Exterior facade improvements. h. Site security upgrades. i. Landscape improvements. 4. The site is zoned B -2, General Business and the site is subject to a planned unit development approved in 1979; and 5. The City staff prepared a memorandum dated March 6, 2003 reviewing the request; and 6. The memorandum dated March 6, 2003 recommended that the request be approved with conditions; and 7. The Planning Commission held a public hearing at their March 13, 2003 meeting, took comments from the applicants and public, closed the public hearing, and made the following recommendation: NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The application has been submitted by SC Mall LLC for an amended planned unit development and parking setback variance for proposed improvements at the St. Croix Mali located at Highway 36 and Osgood Avenue North and affecting the real property as follows: SEE ATTACHMENT A B. A motion to close the north end of Oren Avenue to vehicular traffic is hereby recommended to the City Council of the City of Oak Park Heights subject to the following conditions: 1. The City and Andersen Corporation will resolve issues of snow clearing and maintenance of Oren Avenue North and the sidewalk connecting the road to the subject site subject to approval of the City Public Works Director. 2. A sign must be placed on the north side of the adjacent fence to inform people about the slope ahead, and a sign must be placed on the south side of the adjacent fence to inform people about the traffic ahead. C. A motion for a five foot parking setback variance is hereby recommended to the City Council of the City of Oak Park Heights. The parking variance constitutes a hardship in that the parking configuration was established by existing site conditions and not created by the current property owner, and the variance is unique to the St. Croix Mali in that it results in increased green space, increased landscaping, greater separation between parking lot vehicles and the public right-of-way, and results in no negative impacts to the public or adjacent properties. 2 D. A motion for a planned unit development amendment for the site and building improvements listed herein is hereby recommended to the City Council of the City of Oak Park Heights subject to the following conditions: ATTEST: 1. The site plan must be revised to include a trail constructed by SC Mali LLC along the south boundary of the site subject to approval of the Parks Commission and City staff. 2. The lighting plan must be revised to light levels do not exceed 0.4 foot candles along the south property line. 3. Light standards must not exceed 25 feet from the ground surface to the top of the light fixture. 4. Light fixtures must have flat lenses. 5. The two medians that are proposed to be moved at the southeast corner of the site must be planted with disease - resistant flowering crab trees because the trees in the existing islands are diseased. 6. Placement of all fire hydrants and fire connections must be approved by the City Fire Marshal. 7. Grading and drainage issues are subject to review and approval of the City Engineer and review of the applicable watershed authority, if required. 8. Any changes to existing utilities or construction over existing utility service lines is subject to review and approval of the City Engineer. Recommended by the Planning Commission of the City of Oak Park Heights this 13 day of March 2003. lt tin City Judy os , A g y John ;Dwyer, Chair 3 03/20/2002 WED 09:59 FA ANDERSEN CORPORATION Sta t of ouce_sat l THE CITY OF OA:. PARK HEIGHTS, MINNESOTA County, of and- Is iicsaribc4 as follow: • L'Juii2 t. 8 Of Lot 6, Block 1, St. Croix Mali P.U.D. according to the plat thereof on file and of record in the Office of the County Recorder, Washington County, Minnesota, more particularly described as follows: That part of the Northwest Quarter of the Northeast Quarter of Section 4, Township 29, North, Range 20 West, in the City of Oak Park Heights, Washington County, Minnesota, described as follows: . Commencing at the Northwest corner of said Northwest Quarter of the ' Northeast Quarter of Section 4; thence South 1 degree 54 minutes 05 seconds East, assumed bearing, alon g the West line of said Northwest Quarter of the Northeast Quarter a distance of 405.00 feet; thence North 89 degrees 15 minutes 24 seconds East a distance of 260.00 feet to the POINT OF BEGINNING of the land to be described; thence South 1 4esree 54 minutes 06 seconds East, parallel with the West line of said Northwest Quarter of the Northeast Quarter, a distance of 155.00 feet; thence North 89 degre,es 15 minutes 24 seconds East, a distance of 53.27 feet;. thence South 1. degree 23 minutes 45 seconds East, a distance of 428.48 feet; thence South 88 degrees 05 minutes 54 seconds West, 4 distance of 319.42 feet, to the West line of said Northwest Quarter of the Northeast Quarter; thence North 1 degree 64 minutes 06 seconds West, along said , West line a distance of 375.00 feet to a point in the West line of said Northwest Quarter of the Northeast Quarter distance 600.00 feet South of the Nort4West corner ot sala Northwest Quarter of the_Northeast Quarter of Section 4; .thence North 89 degrees 15 minutes 24 seconds East, a distance of 30.01 feet to an intersection withla line 30 feet East of measured at a right angle to and parallel with said West line of the Northwest Quarter of the Northeast Quarter; thence North 1 degree 54 minutes 06 seconds West, along said paralle1.1ine, a distance of 19,5.00 feet to an intersection with a line bearing South 89 degrees 15 minutes 24 seconds West from the POINT OF BEGINNING; thence North 89 degree 15 minutes 24 seconds East, a distance of 229.99 feet to the POINT OF BEGINNING, said parcel contained 3.856 acres, more or less: Together with the rights, easements and privileges created for and benefiting the above-described property under that certain real estate development agreement dated April 17, 1979 and recorded April 18, 1979, as document No 89052; and those certain easement agreements dated April 17, 1979 and recorded April 18, 1979 as document Nos. 389057 and 389054. 03/20/2002 WED 09 :59 FAX ANDERSEN CORPORATION Tract A: Parcel I; Lot 12, Block 1, St. Croix Mall P 4 t' . b 4 , accord±rlg to the recorded p1.a. t thereof, and situate in Washington CoU.nty, Minnesota. Abstract Pro . c....r.y. Parcel 11: Los 1, 2, 3, 4, 5, 5, 7, 8, 9 and 10, Block 2, St, Croix Mall P.U.D. 2rxd Add., , according to the recorded plat thereof, and situate in Washington County, Minnesota. Al s tract . Property Tract B SCHEDULE 1 Legal Description Parcel 1: Lot Eleven (11), Block One (1) , St. Croix all P . U . IJ R , according to the recorded plat thereof, and situate in Washingtoll County, Minnesota. Being registered land as is evidenced by Certificate of Title No 54657. Parcel 11: - Lot Three (3) , Block One (1) , St. Croix Mall P.U.D. tad Add., according to the .recorded plat thereof, and situate in Washington County, Minnesota being registered land as is evidenced by Certificate of Title Xo. 54656 Parcel 111: All that part of Lot Four (4) , Block One (1) , Brekke' s Carden Hills, lying Easterly of the following described line Commencing at the NE co. - tier of Lot 4, Bloc% 1, Brekkeis Garden. Hills, Wash Co., Minn., thence West along the North line of said Lot 4 on a recorded bearing of N 85 degrees 52 minutes W for 4O34 feet to the point of beginning of the line to be described; thence S 18 degirees 1B minutes 23 seconds W for. 34.42 Beet; thence S 28 degrees 29 minutes 33 seconds W for 125 feet, more or less, to its intersection with the Southerly line of said Lot 4, which is the Southerly terminus of the line to be described, according to the recorded plat thereof, and situate in Washington County, Minnesota. Being registered land as is evidenced by Certificate of Title No. 54657. 3 1003;:0ta Planned Unit Development (PUD) Amendment / Variance Application Materials • Application Form O 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) O Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal Description(s) Conference With City Staff Upon Application Submittal: March 5, 2003 Required Approvals: PUD Amendment Planning Commission City Council 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: ATTACHMENT B SC Mali, LLC Variance 4/5 3/5 4/5 4/5 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 this variance. The property owner shall have the right to submit an application to extend the approval of a variance to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.4.0 .1 — 401.4.C.2)