HomeMy WebLinkAbout2022-07-26 CC Resolution #22-07-23 RESOLUTION NO. 22-07-23
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 FOR
PLANNED UNIT DEVELOPMENT-GENERAL PLAN, CONDITIONAL
USE PERMIT FOR DRIVE THRU RESTAURANT AND SIGNAGE, AND
DESIGN GUIDELINES/SITE PLAN REVIEW FOR A POPEYES
RESTAURANT AT 13523 60TH STREET NORTH BE APPROVED WITH
CONDITIONS
WHEREAS,the City of Oak Park Heights has received a request from Lawrence
BenBassett of Oak Park Chicken for a Planned Unit Development-General Plan, Conditional Use
Permit for drive thru restaurant and signage, and Design Guidelines/Site Plan Review for a
Popeyes restaurant at 13523 60th Street North, and after having conducted a public hearing
relative thereto, the Planning Commission of Oak Park Heights recommended the application
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-4 Limited Business District that allows retail and
restaurant development as a permitted use; and
4. The subject property is Lot 2, Block 1 of the Ridgecrest Oak Park Heights I
development at 60th Steet and Norell Avenue; and
5. The property was approved for a Planned Unit Development, Conditional Use
Permit, Preliminary and Final Plat, and Design Guidelines/Site Plan review by the City Council
on June 26, 2018; and
6. Lot 1, Block 1 of the Ridgecrest Oak Park Heights I was developed with a Panera
Bread; and
7. The Applicants have requested development of the subject property for a Popeyes
restaurant with a drive thru; and
8. City staff prepared planning reports dated June 2, 2022, and July 22, 2022,
reviewing the request; and
9. Said reports recommended approval of the application, subject to the fulfillment
of conditions; and
10. The Planning Commission held a public hearing at their June 9, 2022, 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 OF
THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE
FOLLOWING:
A. The application submitted from Lawrence BenBassett of Oak Park Chicken for a Planned
Unit Development-General Plan, Conditional Use Permit for drive thru restaurant and signage,
and Design Guidelines/Site Plan Review for a Popeyes restaurant at 13523 60th Street North
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 for
approval with the following conditions:
1. The Planning Commission recommended, and the City Council approves the drive thru
lane setback of five feet from the south property line.
2. The final plans for the menu boards, canopies and associated lighting shall be subject to
review and approval of the City.
3. Any proposed directional signage shall be subject to review of the City and can only
include the name and logo of the business.
4. The site plan shall be subject to review and approval of the Fire Marshal.
5. 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.
6. The Applicant shall provide a snow removal plan or indicate if the snow will be hauled
off site.
7. 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.
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8. All mechanical equipment on the roof or on the site shall be fully screened in accordance
with the provisions of the Zoning Ordinance.
9. 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. The maximum height of the parking lot poles and fixtures is not to exceed
25 feet as per the Zoning Ordinance.
10. One wall sign per façade be allowed, with the choice of the sign at the discretion of the
Applicant if the total wall signage not exceed 150 square feet or 80 square feet per sign.
If a sign is not placed on the rear façade, two signs may be placed on one of the facades.
Revised plans shall subject to City Staff review.
11. All signs, the order boards and canopies shall be designed to comply with the Zoning
Ordinance requirements for internal illumination.
12. The monument sign shall be landscaped at the base. A plan shall be provided subject to
City Arborist review and approval.
13. The Planning Commission recommended, and the City Council was favorable to the
building design and building materials. Improvements with detailing and materials to the
rear façade that faces Norell Avenue was approved by the City Council.
14. A bike rack should be identified on the site plan and placed on site.
Approved by the City Council of the City of Oak Park Heights this 26th day of July 2022.
1
M. Mc!'omIer, ayor
ATTEST:
Eric A. Jo on, I • •mi '. ator
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ATTACHMENT A
Planned Unit Development—General Plan,
Conditional Use Permit
For
Drive Through Restaurant& Signage,
And
Design Guidelines/Site Plan Review
Popeye's Louisiana Kitchen
13125 60th St.N.
Washington County Property Identification Number: 05.029.20.21.0042
Legal Description: Lot 2,Block 1,Ridgecrest Oak Park Heights
Physical Address: 13523 60th St.N.
ATTACHMENT B
•
Planned Unit Development—General Plan,
Conditional Use Permit
For
Drive Through Restaurant& Signage,
And
Design Guidelines/Site Plan Review
Popeye's Louisiana Kitchen
13125 60th St.N.
Application Materials
• Application Form
• Fees
• Plan Sets
• Written Narrative and Graphic Materials Explaining Proposal
• Proof of Ownership or Authorization to Proceed
Planning Commission Review& Recommendation: June 9,2022
PUD:
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:
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)