HomeMy WebLinkAbout2003-03-25 CC Resolution #03-03-21A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF 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
SHALL BE APPROVED WITH CONDITIONS
WHEREAS, 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 recommended that the application be approved with conditions. The City Council of the
City of Oak Park Heights makes the following findings of fact:
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
and
RESOLUTION NO. 03-03-21
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
SEE ATTACHMENT B
3. SC Mall 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
recommended that the application be approved subject to conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL RECOMMENDS
THE FOLLOWING:
A. The application has been submitted by 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 affecting the real property as follows:
B. A motion to close the north end of Oren Avenue to vehicular traffic is hereby approved
by 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.
C. A motion for a five foot parking setback variance is hereby approved by 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 Mall 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.
D. A motion for a planned unit development amendment for the site and building
improvements listed herein is hereby approved by the City Council of the City of Oak Park
Heights subject to the following conditions:
SEE ATTACHMENT A
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.
2003.
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. Is hereby reserved to future decision by the City Council pending final
recommendation of the Parks and Planning Commission to locate and select a site
for trail location through the applicant's site. The applicant has agreed to work
cooperatively with the City to secure /donate a final site for a pedestrian trail
easement for the City.
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.
Approved by the City Council of the City of Park Heights this 25 day of March
y
Judy/1101st, Ac ting City Administrator
A
II iI v i/
' det, Mayor
3
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7
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THE CITY OF OAK PARK HEIWS MINNESOTA
. County of
• is &scribed as follows: •
E X I I T "A'
•• • «� r.w•. •• • ham • • •• ti. •r..'.
Lot 6, Biock ` l , sip Crpix Mali P.U.D.
file. � according to the plat thereof an
and of record i n the Office of the County � c t .� Recorder, Washington
County, . more pa.rti cu1 arty described as follows:
That part of the Northwes Quarter ref th " the Northeast quarter of Section Townsh� p 29, North, range 20 West � an
Wash �,r� ion Co 9 � n the City of oaf Park Heights,
unty, Mj.nnesote . descrjbed as follows;
Commenc ,ng ' at the Northwest corner of said Northwest '
Ner-�heast Section r�h�es� �ar�er r�� the u .r�ter of 4; `hence South ' 1 'der e
seconds East, assumed ". � � 64 minutes 06
seconds pearing, a1 on the W est 1 T ne of said
of the Northeast heast
Quarter Quarter � er � h � est
a distance of 405.00 Feet; thence
89 , d eg reps . �. S minutes 24 seconds East a d North
POINT OF BEGINNING of the 1 an0 to be described; the
minutes sego hence South 1 degree 54 nds East, parallel with the West of of the Northeast � said Northwest
a t Quarter y a distance ce of 155.00 feet; thence
North 89 degrees 15 minutes es 24 seconds East, , a distance of . 63.27 feet
`hence South 1 degree 23 minutes 45 seconds , East a d
feet; thence South 88 minutes distance of ����►�$.
degrees 05 minutes 54 seconds West, 4 disc
3�.�� �� �ee�� �o the West line. a said ance of
� � d �or�h�e� �uar�e�- o� thNartheast
Quarter; thence North 1 degree 64 mi nub
West `� '� ne a d� sta es 06 seconds West, line o , along said. ,
nce of 375.00 feet to a point in the We
Northwest Quarter of the Northeast Quarter `� said
distance ��� � � feet South of
:the NorttAYest corner of sal� � forth es
of secti o � � � `� Qupter of the. Northeast Quarter
n 4 .thence North 89 de reel
di stat�ce o� � � 15 minutes 24 seconds East, a
30.01 01 feet to an Intersection With a
1 fpe 30 feet fast af
measured at a right
angle to and parallel with sa. d West "
No��h�es`� C�uar�er o� the �ar� Quai; 1 � ne of the
� ds West, Northeast thence N�rth 1 d
nu des 06 �ecorr � e� on s a� d � degree ��
m� . x � paral � e� . � �e, � a distance o� ��� � ��
feet �� an intersection with a line bearing South seconds West from g nth Sg degrees 15 minutes `the POINT OF BEGINNING thence
minutes 24 seconds �as� " North 89 degree 15 , a distance of 229.99 feet to the
.BEGINNING, said parcel cant$ POINT OF �� ��� acre, more or less.'
1"ogether with the. .�' .
1 gh s, easements Ilnd ri vi l e es
bene`�� �7 ng the e.�aVe�descr� b P that created for and
ed property under that .certain real o�ent agreement dated April 7 eat estate
d ocu 89052; and those certain p 17, �7 � and recorded April �.�
.w ment �o � �8g���, 18, � � 7� �
a s d
April 17 1979 �a 7 � ens emen`� agreements dated
79 and recorded April 18, 197 9 as dooumen 389054 p os" ► �oS7 and
Variance — Lapse of Approval:
ATTACHMENT B
Planned Unit Development (PUD) Amendment /Variance
SC Mali, LLC
Application Materials
O Application Form
• Fees
• Plan Sets (3 Large Scale Sets /20 11X17 Sets)
i Written Narrative and Graphic Materials Explaining Proposal
• Mailing List from Washington County (500' from subject property)
9 Proof of Ownership or Authorization to Proceed
O Property Tax Statement(s) /Legal Description (s)
Conference With City Staff Upon Application Submittal: March 5, 2003
Required Approvals: PUD Amendment Variance
Planning Commission 4/5 3/5
City Council 4/5 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)
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 .1 401.4.0.2)