HomeMy WebLinkAbout2016-02-23 CC Resolution #16-02-11 RESOLUTION NO. I6-D2- II
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 ERNEST SWANSON FOR A PIZZA RANCH
RESTAURANT ON MORNING DOVE AVENUE
REQUIRING CONDITIONAL USE PERMITS FOR A RESTAURANT USE
AND FOR A FRONT YARD SETBACK, PRELIMINARY AND FINAL
PLAT, VARIANCE FOR AN ELECTRONIC MESSAGE BOARD SIGN,
AND DESIGN GUIDELINE/SITE PLAN REVIEW
BE APPROVED WITH CONDITIONS
WHEREAS,the City of Oak Park Heights has received a request from Ernest
Swanson for a Pizza Ranch Restaurant at Morning Dove Avenue, requiring Conditional Use
Permits for a restaurant use and for a front yard setback, Preliminary and Final Plat approval,
Variance for an electronic message board sign, and Design Standards/Site Plan review, 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
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 B-3, Highway Business/Warehouse District which requires
review and approval of a Conditional Use Permit for the restaurant use; and
4. The site plan indicates a 23 foot front yard setback from the property line to the
building,requiring review and approval of a Conditional Use Permit in that a 40 foot setback is
required; and
5. The property is to be subdivided from Lot 2, Block 1, Oak Park Station to Lot 1
Block 1 Swansonville, requiring review and approval of a Preliminary and Final Plat; and
6. A Variance is required to allow a 20 foot highpylon sign, with 120 square feet of
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signage, and the electronic message board with 50 percent of the sign face. The Zoning
Ordinance would allow an 18 foot high pylon sign,with 80 square feet of signage and an
electronic message board that would be no more than 35 percent of the total sign face. This
would be the only freestanding sign on site; and
7. Design Guideline/Site Plan approval is required for a new building and site
improvements; and
8. City staff prepared a planning report dated February 4, 2016 reviewing the
request; and
9. Said report recommended approval of the Conditional Use Permits for a
restaurant use and a front yard setback, Preliminary and Final Plat, Variance for an electronic
message board sign, and Design Guideline/Site Plan review, subject to the fulfillment of
conditions; and
10. The Planning Commission held a public hearing at their February 11, 2016
meeting, took comments from the applicants and public, closed the public hearing, and
recommended the application 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 from Ernest Swanson for a Pizza Ranch Restaurant at Morning
Dove Avenue,requiring Conditional Use Permits for a restaurant use and for a front yard
setback, Preliminary and Final Plat approval,Variance for an electronic message board sign, and
Design Standards/Site Plan review affecting the real property as follows:
SEE ATTACHMENT A
The City Council of the City of Oak Park Heights approves the sign variances subject to the
following findings of fact:
1. The variance criteria in Section 401.04 of the Zoning Ordinance have been reviewed and
it has been determined by the City Council that the additional height, sign face size and
percentage of changeable copy is justified.
2. The Applicant had previously proposed two freestanding signs for the site which is
allowed by the Sign Ordinance. With the proposal for one sign,the overall amount of
signage will be reduced on site.
3. The additional sign height to 20 feet and 120 square feet will ensure visibility and
identification of the business from both north and south bound traffic on Highway 15.
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4. The additional changeable copy sign shall reduce the requests for temporary
signage at this site.
The City Council approves the following subject to the conditions as follows:
• Conditional Use Permit for a restaurant use.
• Conditional Use Permit for a front yard setback.
• Preliminary and Final Plat approval.
• Variance for an electronic message board sign.
• Design Standards/Site Plan review.
1. The final plat and all vacation of easements and new easements shall be subject to the
review and approval of the City Engineer and City Attorney.
2. The City Engineer should comment on the distance between curb cuts on the cul du sac.
3. All grading, drainage, erosion control, and utility plans are subject to review and
approval of the City Engineer. Stormwater plans are also subject to review and
approval of the Browns Creek Watershed District.
4. All light fixtures shall be full cut off, compliant with the height requirements, and be
consistent with Section 401.15.B.7 of the Zoning Ordinance as it relates to lighting
requirements.
5. The City Council approves the lighting of the building's architectural features proposed
except for the light strips that were to be placed on the roof line of the building. The light
strips are not allowed by the Zoning Ordinance.
6. The City Council approves the building design and building materials. The applicant
shall provide building material samples for City Council review.
7. All mechanical equipment on the roof or on the site shall be fully screened in
accordance with the provisions of the Zoning Ordinance.
8. Outdoor lighting for the parking areas shall be turned off one hour after closing, except
for approved security lighting.
9. All signs shall be designed to comply with the Zoning Ordinance requirements for
internal illumination.
10. The landscape plan shall be subject to the review and approval of the City Arborist.
11. A bike rack should be identified on the site plan and placed on site.
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Approved by the City Council of the City of Oak Park Heights this 23rd day of February,
R 2016.
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Mary ber, ayor
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ATTES .
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Eri /,o o , City Administrator
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ATTACHMENT A
Conditional Use Permits
For
Restaurant Use & Front Yard Setback,
Preliminary& Final Plat,
Variance for Electronic Message Board Sign
And
Design Guideline/Site Plan Review
Pizza Ranch Restaurant
Washington County GEO Code: 05-029-20-22-0014
Current Legal Description: Part of Lot 2, Block 1, Oak Park Station
Proposed Legal Description: Lot 1, Block 1, Swansonville
Physical Address: **** Morning Dove Ave. N.
ATTACHMENT B
Conditional Use Permits
For
Restaurant Use& Front Yard Setback,
Preliminary& Final Plat,
Variance for Electronic Message Board Sign
And
Design Guideline/Site Plan Review
Pizza Ranch Restaurant
Application Materials
• Application Form
• Fees
• Plan Sets
• Written Narrative and Graphic Materials Explaining Proposal
• Proof of Ownership or Authorization to Proceed
Conference With City Staff Upon Application Submittal: January 27, 2016
Planning Commission Review& Recommendation: February 11, 2016