HomeMy WebLinkAbout2019-05-28 CC Resolution 19-05-27 RESOLUTION NO.19-05-27
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 BRIAN DAVIES OF BORDER FOODS FOR THE
REMODEL OF THE TACO BELL RESTAURANT AT
14529 60TH STREET NORTH REQUIRING AN AMENDED
CONDITIONAL USE PERMIT FOR A FAST FOOD RESTAURANT,
CONDITIONAL USE PERMIT FOR SIGNAGE, AND DESIGN
STANDARDS/SITE PLAN REVIEW
BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from Brian
Davies of Border Foods for the remodel of the Taco Bell restaurant at 14529 60th Street North
requiring an Amended Conditional Use Permit for a fast food restaurant, Conditional Use Permit
to allow more than one sign per building elevation 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 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 B-2, General Business District in which fast food
restaurants with drive-throughs are a conditional use; and
4. The remodel of the Taco Bell shall require an Amended Conditional Use
Permit in that the building shall be expanded, and the site improved; and
5. The Applicant is requesting two wall signs on each of three building
elevations, requiring the review of a Conditional Use Permit; and
6. City staff prepared a planning report dated May 2, 2019 reviewing the
request and the Conditional Use Permit criteria; and
7. Said report recommended approval of the Amended Conditional Use
Permit for the building and site improvements, Conditional Use Permit for two wall signs on
each of three building elevations, and Design Standards/Site Plan review subject to the
fulfillment of conditions; and
8. The Planning Commission held a public hearing at their May 9, 2019
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 by Brian Davies of Border Foods for the remodel of the Taco
Bell restaurant at 14529 60th Street North requiring an Amended Conditional Use Permit for a
fast food restaurant, Conditional Use Permit to allow more than one sign per building elevation
and Design Standards/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 the
following, subject to the conditions as follows:
• Amended Conditional use permit (CUP) for the building and site improvements of a fast
food restaurant.
• Conditional use permit to allow more than one sign per building elevation.
• Design Standards/Site Plan Review
1. The applicant shall provide a revised photometric and lighting plan that complies with
the provisions of Section 401.15.B.7.d of the Zoning Ordinance. All light fixtures shall
be full cut off and compliant with the Zoning Ordinance. The parking lot lighting shall
not exceed 25 feet from ground level.
2. All mechanical equipment on the roof or on the site shall be fully screened in
accordance with the provisions of the Zoning Ordinance.
3. All noise generated from the store shall be compliant with Section 401.15.B.11 of the
Zoning Ordinance.
4. All grading, drainage, erosion control, and utility plans are subject to review and
approval of the City Engineer. Storm water plans are also subject to review and
approval of the Middle St. Croix Watershed District.
5. The Planning Commission was favorable, and the City Council approves of the building
design and building materials.
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6. The plans should be revised to indicate details and location of any directional
signage.
7. Outdoor lighting for the parking areas shall be turned off one hour after closing, except
for approved security lighting.
8. No strip lighting of the building, canopy or freestanding sign shall be allowed.
9. All signs shall be designed to comply with the Zoning Ordinance requirements for
illumination. The spot fixtures and LED strips may be used if the lighting is
directed at the sign and designed so that the light source is not visible. Staff will review
the lighting specifications at the time of permitting.
10. The landscape plan shall be subject to the review and approval of the City Arborist.
11. A bike rack shall be placed on site.
Approved by the City Council of the Cit of Oak Park Heights this 28th day of May 2019.
aj-r.- ___-/
14
M. omber, Mayor
ATTEST:
4 /
Eric A. Jo,:o / ity A: inistrator
3
ATTACHMENT A
3
Amended Conditional Use Permit
Design Standards/Site Plan Review
Taco Bell
Washington County Property identification Number: 04.029.20.12.0002
Legal Description: All that part of NW quarter of the NE quarter of section 4,
Township 29, Range 20, West of the fourth meridian
Physical Address: 14529 60th St. N.
ATTACHMENT B
Vit,b�
Amended Conditional Use Permit
Design Standards/Site Plan Review
Taco Bell
Application Materials
• Application Form
• Fees
• Plan Sets
• Written Narrative and Graphic Materials Explaining Proposal
• Mailing List from Washington County(350'/150' from subject property)
• Proof of Ownership or Authorization to Proceed
Planning Commission Public Hearing& Recommendation: May 9, 2019
Required Approvals: CUP Amendment
City Council 4/5
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)
CUP Amendment:
An amended conditional use permit may be applied for and administered in a manner similar to
that required for a new conditional use permit. Amended conditional use permits shall include
reapplication for permits that have been denied, requests for substantial changes in conditions or
expansions of use, and as otherwise described in City of Oak Park Heights Zoning Ordinance
401. (401.03.C.5)