HomeMy WebLinkAbout2004-04-27 CC Resolution #04-04-31RESOLUTION NO. 04-04-31
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 THE SHOPPES OF OAK PARK HEIGHTS LLC
FOR A CONCEPT AND GENERAL PLAN OF DEVELOPMENT
TO ALLOW TAE SECOND PHASE OF THE SHOPPES OF
OAK PARK HEIGHTS AT 60 STREET AND
NORELL AVENUE NORTH
BE APPROVED WITH CONDITIONS
on a
VCREREAS, the City of Oak Park Heights has received a request from The
Shopper of Oak Park Heights, LLC for concept and general plan of development, subdivision
approval for the Shoppes of Oak Park Heights 2nd Addition and a variance for additional signage
to allow the second phase of the Shoppes of Oak Park Heights at 60 Street and Norell Avenue
North; and after having conducted a public hearing relative thereto, the Planning CoMMission of
Oak Parr Heights recommended that the applications 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
follows, to wit:
SEE ATTACHMENT A
and
2. The applicant has submitted an application and supporting
documentation to the Community Development Department consisting of the following items:
SEE ATTACH1VIENT B
and
3. The subject site is zoned B-2, General Business District in which
commercial business is a permitted use. A PHD is required to accommodate the phased
development and to allow shared access and parking; and
4. City staff prepared a planning report dated April 1, 2004 reviewing the
request for the application; and
5. Said report recommended approval of the PUD subject to the fulfillment
of conditions; and
6. The planning Commission recommends the proposed building architecture, materials
selection and colors for conformance to the City's Design guidelines.
7. The landscape plan shall. be subject to review and approval of the City Arborist.
8. The applicant shall submit a trash enclosure plan for the Ruby Tuesday's building subject
to review and approval of City staff.
9. All lighting futures shall comply with Section 401.15.B.7 of the Zoning Ordinance
related to type of fixture and allowable foot candles. All accent lighting shall highlight
building surfaces and not create glare beyond the building fagade.
10. The planning Commission recommends that a variance be granted for signage to allow
only the following wall signs at Ruby Tuesday's:
Ruby Tuesday's
r
One 20 square foot lighted sign on the north elevation
One 78 square foot lighted Ruby Tuesday's sign and one 10 square foot awning sign
on the west fagade
One 20 square foot lighted sign on the east elevation
11. No LED strip lighting shall be permitted at the roof cap for the Ruby Tuesday's building.
12. The final plat shall show or be accompanied by deeds or easements to provide for the
property exchange between the City and the applicant with the City receiving the tower
property and easement abutting the east line of the lift station of approximately 1,400
square feet and the applicant receiving a non -- exclusive easement across the City's
property (Outlot A walMart) subject to final review and approval of the City Attorney.
Approved by the City Council of the CiV o
ark HeiA3'its this 27th da��"April
2004.
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ATTACHMENT ACHMENT A
Washington County CEO Code: 05-- 029 -20 -21 -0032
Leg al Description: Outlot A, THE SHOPPES OF OAK PARK
HEIGHTS
1. ►.
g i.
Planned Unit Development (PUD): concept Plan Review
THE SHOPPES of OAK PARK HEIGHTS -- PHASE 11
,application /Materials
• Application Form
• Fees
• Plan sets (3 Large Scale Sets /20 11X17
• Written Narrative and Graphic Materials Explaining Proposal
• Mailin g List from Washington county (500' from subject property)
• Proof of ownership or Authorization to Proceed
• Property Tax Statements )/Legal Description(s)
Conference With City Staff Upon Application Submittal: February 25, 2004
Planning rr
nin Commission Public Hearing & Recommendation: //March 11, 2004
Required Approvals:
PUD: General Conceit
Planning Commission
City council
4/5
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 elo ment Sta e and/or Final Plans or shall fail to proceed with development 'in
fail ce with the plans as approved or shall in any other manner fail to comply with
accordance p pp
any condition i
of ordinance 401 or any approval granted pursuant to t, a General
Concept Plan which has been approved and a PUD Agreement signed by the applicant
t
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 g
't of oak Park Heights without consent of the applicant. (401.06.C.2.d)
General Conce t = Limitation on General concept Plan Approval:
Unless a P
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
to Council rants 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
'th develo ment 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)