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Home My WebLink About2016-06-27 CC Resolution #16-06-29 RESOLUTION NO. 16-06-29 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 OF THE DRIESSEN GROUP FOR PLANNED UNIT DEVELOPMENT, CONCEPT AND GENERAL PLAN, CONDITIONAL USE PERMIT FOR A DRIVE THROUGH RESTAURANT, ZONING DISTRICT AMENDMENT TO B-2 DISTRICT, PRELIMINARY AND FINAL PLAT, AND DESIGN GUIDELINES/SITE PLAN REVIEW BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request from The Driessen Group for Planned Unit Development, Concept and General Plan, Conditional Use Permit for a drive through restaurant, Zoning District Amendment to B-2 District, Preliminary and Final Plat, and Design Guidelines/Site Plan review, and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the request 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 O—Open Space Conservation. The Applicant has requested a rezoning to B-2 General Business District consistent with the Comprehensive Plan; and 4. The Applicant has applied for a Planned Unit Development, Concept and General Plan to allow a shopping center with joint signage, access and parking; and 5. The property is to be subdivided as Brackey Fourth Addition, requiring review and approval of a Preliminary and Final Plat; and 6. A Conditional Use permit has been requested to allow for a drive through restaurant; 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 June 1, 2016 reviewing the request; and 9. Said report recommended approval of the Planned Unit Development, Concept and General Plan, Conditional Use Permit for a drive through restaurant, Zoning District Amendment to B-2 District, Preliminary and Final Plat, and Design Guidelines/Site Plan review, subject to the fulfillment of conditions; and 10. The Planning Commission held a public hearing at their June 9, 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 The Driessen Group for Planned Unit Development, Concept and General Plan, Conditional Use Permit for a drive through restaurant, Zoning District Amendment to B-2 District, Preliminary and Final Plat, and Design Guidelines/Site Plan review affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights with the following conditions: • Zoning District Amendment to B-2 District • Planned Unit Development, Concept and General Plan • Preliminary and Final Plat approval. • Conditional Use Permit for a Drive Through Restaurant. • Design Guidelines/Site Plan Review. 1. The preliminary and final plat shall be subject to review and approval of the City Attorney and City Engineer. 2. The City will not accept ownership of Outlot B. 3. The site plan shall be subject to review and approval of the Fire Marshal. 4. All grading, drainage, erosion control, utility plans, and access driveways are subject to review and approval of the City Engineer. Storm water plans are also subject to review and approval of the Brown's Creek Watershed District. 2 5. The Applicant shall obtain a driveway access permit from the Minnesota Department of Transportation if necessary. 6. City Staff review and approval of the restaurant drive through is required when the building plans are submitted. 7. The Applicant shall provide a snow removal plan or indicate if the snow will be hauled off site. 8. The landscape plan shall be subject to the review and approval of the City Arborist. All required landscape plan details shall be submitted to the satisfaction of the City Arborist. 9. All mechanical equipment on the roof or on the site shall be fully screened in accordance with the provisions of the Zoning Ordinance. 10. 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. Outdoor lighting for the parking areas shall be turned off one hour after closing, except for approved security lighting. 11. All signs shall be designed to comply with the Zoning Ordinance requirements for size, number,placement and internal illumination. 12. The bases of the three pylon signs shall be landscaped and included on the landscape plan, subject to review and approval of the City Arborist. 13. The Planning Commission was favorable and the City Council approves the building design and building materials. 14. The Planning Commission was favorable and the City Council approves the proposed transparency of the front façade of the Lot 3 building. 15. The City Engineer shall review and approved the turning radius for the drive through at the south east corner of the Lot 2 Building. 16.A bike rack should be identified on the site plan and placed on site for each building. Approved by the City Council of the C of O k Heights this 27th day of June, 2016. /M omiler, Mayor ATT •T: y..- 11/1 ref son, City Administrator 3 ATTACHMENT A r k. y Planned Unit Development—Concept & General Plan, Conditional Use Permit (Drive Through Restaurant), Zoning District Amendment to B-2, Preliminary & Final Plat, Design Guidelines/Site Plan Review Driessen Group LLC Oak Park Heights Retail Located at SW Intersection of 60th St. N. & Krueger Ln., N Washington County GEO Code: 05.029.20.22.xxxx Legal Description: Brackey Addition Physical Address: SW Intersection of 60th St.,N., & Krueger Ln.,N. ATTACHMENT B Planned Unit Development—Concept & General Plan, Conditional Use Permit (Drive Through Restaurant), Zoning District Amendment to B-2, Preliminary & Final Plat, Design Guidelines/Site Plan Review Driessen Group LLC Oak Park Heights Retail Application Materials • Application Form • 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) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal Description(s) Meeting With City Staff Upon Application Submittal: May 25, 2016 Planning Commission Review & Recommendation: June 9, 2016 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) Conditional Use Permit - Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit 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 the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b)