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Home My WebLink About18-06-24 RESOLUTION NO.18-06-24 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 RIDGECREST OAK PARK HEIGHTS I FOR PLANNED UNIT DEVELOPMENT, CONCEPT AND GENERAL PLAN, CONDITIONAL USE PERMIT FOR A DRIVE THRU RESTAURANT, 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 Ridgecrest Oak Park Heights I for Planned Unit Development, Concept and General Plan, Conditional Use Pennit for a drive thru restaurant, 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 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: I. 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-4 Limited Business District that allows retail and restaurant development as a permitted use; 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 Ridgecrest Oak Park Heights I, requiring review and approval of a Preliminary and Final Plat; and and b. A Conditional Use permit has been requested to allow for a drive thru restaurant; 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 7, 2018 reviewing the request; and 9. Said report reconunended approval of the Planned Unit Development, Concept and General Plan, Conditional Use Permit for a drive through restaurant, 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 1.4, 2017 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 RECOMMENDS THE FOLLOWING: A. The application submitted from Ridgecrest Oak Park Heights I for Planned Unit Development, Concept and General Plan, Conditional Use Permit for a drive thru restaurant, Preliminary and Final Plat, and Design Guidelines/Site Plan review affecting the real property as follows: SEE ATTACHMENT A The City Council approves the following subject to the conditions as follows: • 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. I. The preliminary and final plat shall be subject to review and approval of the City Attorney and City Engineer. A Final Plat shall be prepared for City Council approval. 2. The Planning Commission recommends, and the City Council approves the proposed building, driveway and parking setbacks. 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 agree to escrow sufficient funds, as specified by the City Engineer, to complete future sidewalk improvements adjacent to the property or agree that the City will complete the work and petition for the public improvement, waiving notice of public hearing and assessments, as required under Minnesota Statute 429. 6. Additional easements for sidewalk improvements on 60"' Street North and Norell Avenue may be required subject to review and approval of the City Engineer. 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. Panera Bread shall provide a site line study from Highway 36 and Norell Avenue demonstrating how the parapets will screen the mechanical units. 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. 11. All signs shall be designed to comply with the Zoning Ordinance requirements for size, number,placement and internal illumination. The freestanding signs shall be limited to one per lot, unless designed as a monument sign. 12. The Planning Commission recommends, and the City Council approves the fourth wall sign on the Panera Building. 13. The Planning Commission recommends, and the City Council approves the building designs and building materials. 14. The Plaiming Commission recommends, and the City Council approves the proposed transparency of the north and east elevations of both buildings. 15. A bike rack should be identified on the site plan and placed on site for each building. 16. The applicant shall be required to enter into a development agreement. The development agreement shall be subject to the review and approval of the City Attorney and City Council. 3 Approved by the City Council of the City of Oak Park Heights this 26`i' day of June 2018, MarycComber, Mayor ATTEST: Eric A. Jolinsop rt- Administrator r .Y 4 ATTACHMENT A Planned Unit Development Amendment: Concept & General Plan, Conditional Use Permit, Preliminary & Final Plat, And Design Guidelines Review For Proposed Restaurant and Retail Development Ridgeerest Oak Park Heights, LLC Located at 13523 601b St. N. Washington County GEO Codes: 05.029.20.21.0025 05.029.20.21.0013 05.29.20.21.0016 ATTACHMENT B Planned Unit Development Amendment: Concept& General Plan, Conditional Use Permit, Preliminary & Final Plat, And Design Guidelines Review For Proposed Restaurant and Retail Development Rideerest Oak Park Heights, LLC Located at 13523 601h St. N. Application Materials • Application Form • Fees • Plan 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 2, 2018 Planning Commission Review& Recommendation: June 14, 2018 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 PIan 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)