HomeMy WebLinkAbout2022-09-15 CA Recording Request - PUD, CUP & DG-SPR Julie Hultman
From: Julie Hultman
Sent: Thursday, September 15, 2022 1:25 PM
To: 'Kevin Sandstrom'
Cc: Eric Johnson
Subject: Popeye's Restaurant - Document for Recording
Attachments: 2022-09-15 Popeye's Restaurant.pdf
Hello Kevin,
Please record the attached at your earliest convenience. Please let me know if you experience any issue with the
attachment document.
Have a great day!
Julie Hultman I Building Official
Planning&Code Enforcement
Office: 651.351.1661
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CITY OF OAK PARK HEIGHTS
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, OAK PARK
HEIGHTS, MN
Planners File No.: 236.02 – 22.03 Date Issued: August 3, 2022
City Council Approval July 26, 2022
Legal Description: (Washington County Geo. Code 05.029.20.21.0042)
Ridgecrest Oak Park Heights, Lot 2, Block 1
Owner: Ridgecrest Oak Park Heights I, LLC
200 Southdale Center
Edina, MN 55435
Tenant: Oak Park Chicken, LLC
301 Route 17 N, Suite 802
Rutherford, NJ 07070
Applicant: Lawrence BenBasset of Oak Park Chicken
301 Route 17 N, Suite 802
Rutherford, NJ 07070
Site Address: 13523 60TH STREET NORTH,
OAK PARK HEIGHTS, MN 50082
Present Zoning District: B-4 LIMITED BUSINESS DISTRICT
Permitted uses set forth in Ordinance 401 Section 401.30 E.
I. CUP PERMIT FOR:
The City of Oak Park Heights approved an application from Oak Park Chicken, LLC for a Planned Unit
Development amendment, Conditional Use Permit and Design Guideline Review. The City approved a
2515 SF Popeyes Restaurant located on a 0.88 acre parcel located at the southwest corner of 60th Street
North and Norell Avenue in Oak Park Heights. The parcel is Lot 2 of the Ridgecrest Oak Park Heights
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development, situated directly south of Lot 1 which contains an existing Panera Bread restaurant.
The Popeyes restaurant will include construction of a new drive thru lane, minor revisions to parking and
sidewalk, site lighting, landscaping, and a new dumpster enclosure. The majority of the existing parking
lot will remain unchanged and provide adequate parking for the restaurant. A total of 39 spaces, including
2 accessible spaces will be provided with the project.
Original plans for the overall Ridgecrest development from 2018 included a 6,720 SF retail building with
no drive thru lane on Lot 1. As part of that project, an underground detention vault was provided beneath
the parking lot to provide stormwater detention for the planned retail building. Rain gardens were also
incorporated in the landscape islands to provide water quality for the project. Based on these previously
provided stormwater systems, additional stormwater detention and water quality features are not necessary
provided with the Popeyes project. New storm sewer added with the project will tie into the underground
detention system.
Utility stubs for sanitary sewer and watermain have been provided on the east side of Lot 2 for use by the
proposed restaurant. Proposed electric and gas will connect directly to the existing facilities within the
Norell Avenue right-of-way.
The project is granted a Conditional Use Permit due to the proposed drive thru lane. The project will
incorporate a dual drive thru lane to minimize stacking distance. Based on the location of the restaurant,
stacking will be limited to the project site with potential for back-up on the 60th Street North during peak
operational periods. Direct access to Norell Avenue is not provided with the project so interruption of
existing traffic movements along main thoroughfares is not expected.
Planning Staff prepared planning reports dated June 2, 2022, and July 22, 2022, reviewing the request,
and the Planning Commission held a public hearing on June 9, 2022 and recommended approval with
conditions. The City Council considered all materials, staff reports, and recommendations on July 26,
2022 and passed a Resolution approving the Planned Unit Development amendment, Conditional Use
Permit, and site plan/design guidelines review subject to conditions as follows:
II. ADDITIONAL RESTRICTIONS AND CONDITIONS.
1. 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.
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6. The Applicant shall provide a snow removal plan which will be subject to review and approval by
City staff.
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.
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 City Council approved 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 shall be identified on the site plan and placed on site.
III. Reference Attachment:
The reports of the City Planner dated June 2, 2022 and July 22,2022, and all exhibits and site plans
approved by the City Council are annexed hereto by reference as Exhibit A.
IV. Abandonment: This permit requires continuous use in order to preserve the Conditional Uses granted
by the City under the terms hereof. Any discontinuation or abandonment of the uses permitted
hereunder upon the site for a period of 12 continuous months shall void the permit.
V. Annual review: An annual review is not imposed as a condition of this permit.
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PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: July 22, 2022
RE: Oak Park Heights – Ridgecrest Oak Park Heights I – Popeyes
Planned Unit Development – General Plan, Conditional Use Permit
for Drive Thru Restaurant and Signage, and Design Guidelines/Site
Plan Review – 13523 60th Street North
TPC FILE: 236.02 – 22.03
BACKGROUND
Lawrence BenBassett of Oak Park Chicken has made an application for Planned Unit
Development-General Plan, Conditional Use Permit for Drive Thru Restaurant and
signage, and Design Guidelines/Site Plan Review at 13523 60th Street North.
The lot was previously part of the Eagles Club property. It is situated at Highway 36
and Norell Avenue North. The site was planned to be redeveloped with two buildings,
one which is a Panera Bread with a drive thru that was approved in June of 2018. The
second lot, to the south of the Panera Bread is proposed for a Popeyes Restaurant.
The City Council, at their June 28, 2022, meeting, reviewed the application and
continued the discussion to the July 26, 2022, meeting to allow for the applicant to
provide revised plans. The signage plan and the rear façade that faces Norell Avenue
was to be updated to comply with the recommendations of the Planning Commission.
EXHIBITS
The review is based upon the following submittals:
Exhibit 1: Proposed Front and Drive through Elevation (A5.0)
Exhibit 2: Proposed Rear and Side Elevation (A5.1)
Exhibit 3: Master Finish Schedule (A10.1)
Exhibit 4: Signage Site Map
Exhibit 5: Signage Elevations
Exhibit 6: Signage Elevations 2
Exhibit 7: 27” Popeyes Channel Letters With Tagline
Exhibit 8: 27” Popeyes Channel Letters
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Exhibit 9: Love that Chicken Letters
Exhibit 10: Popeyes – 8’ Monument Sign
Exhibit 11: Wayfinding Directional Sign
Exhibit 12: Clearance Bar
Exhibit 13: Drive Thru Order Canopy
ISSUES ANALYSIS
Signage.
Freestanding Sign. The plans indicate one proposed monument sign. The Ordinance
allows for one freestanding sign per lot and two additional freestanding signs on the
same lot if constructed as a monument. The freestanding signs will need to be setback
at least five feet from the property lines.
The proposed monument sign is eight feet in height and two square feet in width with a
sign area of 3.75 square feet each on two sides. It is adequately set back from Norell
Avenue. The monument sign is required to be landscaped at the base.
Wall Signage. The Zoning Ordinance would allow for three wall signs, each on a
separate façade for the Popeyes building. The Ordinance would allow a total of 150
square feet of wall signage. The Planning Commission recommended one 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. This
recommendation is consistent with other sign approvals in the Highway 36 corridor. The
fourth sign can be allowed through Conditional Use Permit/Planned Unit Development
approvals.
The proposed signs include:
Front Elevation: Popeyes Louisiana Kitchen - 52.30 sq ft
Poppy - 30.00 sq ft (approx.)
Drive Thru Elevation: Popeyes - 32.25 sq ft
Rear Elevation: No Sign
Side Elevation: Love that Chicken - 90.66 sq ft
Total: 205.21 sq ft (approx.)
The sign plan as proposed will exceed the total of 150 square feet and the Love that
Chicken sign exceeds the 80 square feet per sign allowed by the Ordinance.
Sign Illumination. The signs will be required to comply with the Zoning Ordinance
lighting requirements. Staff will approve the lighting specifications for the signs at the
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time of permitting. The sign and order board lighting should be designed such that only
the text and logo portions of the signs are to be lit at night. The sign background will
need to be dark.
Design Guidelines.
Architectural Guidelines.
Transparency
The Design Guidelines requires at least a 20 percent glass on ground floor,
street facing facades. The Popeyes building will feature glass of 28.4 percent on
the front side, the west elevation; 22 percent on the entrance side, the south
elevation; 2.5 percent on the drive thru side, the north elevation; and 0.8 percent
on rear side, the east elevation facing Norell Avenue.
The Planning Commission was not favorable to the original design of the rear
façade facing Norell Avenue. The Applicant was asked to improve the
appearance.
The Applicant has provided minimal changes to the rear façade including a brick
base. Here is the list from the Applicant’s architect related to revisions:
• EB-2 brick extended on both sides and rear elevations to create a distinct
“base”;
• 1’-0” high EIFS cornice to create a distinct “top” (2” projection from the
EIFS wall below);
• 1-2” EIFS control joint/reveals added to all facades as required by MFR
and to create visual interest;
• Building height raised 2’-0” for the required RTU screening.
The City Council should discuss the revisions and determine of the changes, especially
at the rear façade are adequate.
CONCLUSION / RECOMMENDATION
Subject to the preceding review, City staff recommends approval of the following listed
requests for a Popeyes at 13523 60th Street North, subject to the conditions that follow:
• Planned Unit Development - General Plan
• Conditional Use Permit for Drive Thru Restaurant and Signage
• Design Guidelines/Site Plan Review
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.
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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.
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 be 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 shall be subject to City
Council review.
14. A bike rack should be identified on the site plan and placed on site.
pc: Julie Hultman
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