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Home My WebLink About2004-05-25 CC Resolution #04-05-28follows, to wit: and and RESOLUTION NO. 0 4 -0 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 CONDITIONAL USE PERMIT TO ALLOW AN AUTOMOTIVE TIRE STORE AT THE SECOND PHASE OF THE SHOPPES OF OAK PARK HEIGHTS AT 60 STREET AND NORELL AVENUE NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from The Shoppes of Oak Park Heights, LLC for a conditional use permit to allow an automotive tire store at the second phase of the Shoppes of Oak Park Heights at bo Street and Norell 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 SEE ATTACHMENT A 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B 3. The subject site is zoned B -2, General Business District in which commercial business is a permitted use. A conditional use permit is required to allow automotive repair and tire stores; 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 conditional use permit subject to the fulfillment of conditions; and 6. The Planning Commission held a public hearing at their April 8, 2004 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved subject to the fulfillment of conditions; and 7. The City Council discussed the conditional use permit at their April 27, 2004 meeting and tabled discussion until the May 25, 2004 meeting to allow the applicant to provide additional information. 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 The Shoppes of Oak Park Heights, LLC for a conditional use permit to allow an automotive tire store at the second phase of the Shoppes of Oak Park Heights at 60 Street and Norell Avenue North and affecting the real property as follows: SEE ATTACHMENT A B. And the City makes the following findings: 1. The visual appearance of the site and building shall be enhanced if the service doors are kept closed, except when vehicles are being moved in and out of the building. 2. Landscape screening alone, especially during the winter months, will not effectively screen the service area from the adjoining Ruby Tuesday's restaurant and Eagles picnic area. 3. Keeping the doors closed will contain any external impact that may result from the Discount Tire operations. Be and the same as hereby approved by the City Council of the City of Oak Park Heights is the following: A. Conditional use permit for an automotive tire store in the B-2, General Business District Subject to the following conditions: 1. The solid overhead service doors on the east facade of the Discount Tire building should be replaced with partial glass doors, subject to review and approval of City staff. 2. The Planning Commission recommends that a variance be granted for signage to allow only the following wall signs at Discount Tire: 2 3. The applicant shall receive and retain, if required, a Hazardous Generators License from Washington County for the Discount Tire operation. 4. All automobile repair activities shall be limited to within the principal structure and the doors to the service bays shall be kept closed except when vehicles are being moved in or out of service areas. 5. There shall be no exterior storage of automobile parts, parked cars, or related items on the site. All storage shall be internal to the building. Any cars to be stored outside of the building shall be in full working order. 6. All noise created from operations on the site shall be in conformance with Section 401.15.8.11 of the Zoning Ordinance. 2004. Discount Tire: One 98 square foot lighted sign on the north elevation One 98 square foot lighted sign on the east elevation One 98 square foot unlighted sign on the west elevation Eric A. John ± ` , City Administrator Approved by the City Council of the City of Oak ' . eights this 25th . . . r o May David Beaudet, ayor 3 ATTACHMENT A Washington County GEO Code: 05-029-20-21-0032 Legal Description: Outlot A, THE SHOPPES OF OAK PARK HEIGHTS ATTACHMENT B Planned Unit Development (PUD): Concept Plan Review THE SHOPPES OF OAK PARK HEIGHTS — PHASE 11 Application Materials O 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 Statements) /Legal Description(s) Conference With City Staff Upon Application Submittal: February 25, 2004 Planning Commission Public Hearing & Recommendation: March 11, 2004 Required Approvals: PUD: General Concept Planning Commission 4/5 City Council 4/5 PUD: General Concept - 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 shall 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. (401.06.C.2.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. (401.05.C.2.e)