HomeMy WebLinkAbout2026-01-08 PC Packet Enclosure
PLANNING REPORT ENCLOSURE 3
TO: Jacob Rife
FROM: Scott Richards
DATE: December 31, 2025
RE: Oak Park Heights – Dave’s Hot Chicken – Planned Unit
Development / Conditional Use Permit Amendment – 5910 Neal
Avenue North
TPC FILE: 236.02 – 23.09
BACKGROUND
Polo Padilla of Fusion-AE representing MN Chicken LLC, owner of the property, has
submitted an application to make exterior changes to the Taco John’s building at 5910
Neal Avenue North for use as a Dave’s Hot Chicken. The application consists of a
request for a Planned Unit Development / Conditional Use Permit Amendment to allow
for additional signage and Site Plan/Design Guidelines review. The property is zoned
B-2 General Business District with a PUD Overlay.
The site, with the former Kentucky Fried Chicken (now K&J Catering, 5920 Neal Avenue
North) was first approved for rezoning, a final plat, and Planned Unit Development /
Conditional Use Permits for fast foot restaurants by the City Council in November 2003.
The site was rezoned to B-2 with the PUD Overlay with cross easements to allow for
access, traffic circulation, and parking utilization between the two lots.
EXHIBITS
The review is based upon the following submittals:
Exhibit 1: Project Narrative
Exhibit 2: Site Location Map
Exhibit 3: Title Sheet (1)
Exhibit 4: Site Plan – (2)
Exhibit 5: Exterior Elevation – (3) (East Façade Sign Plan)
Exhibit 6: Exterior Elevation – (4) (North Façade Sign Plan)
Exhibit 7: Exterior Elevation – (5) (West Façade Sign Plan)
Exhibit 8: Exterior Elevation – (6) (South Façade Sign Plan)
Exhibit 9: Face and Halo Lit Channel Letters on Backer Panel – (7)
Exhibit 10: Face and Halo Lit Channel Letters on Backer Panel – (8)
2
Exhibit 11: Face and Halo Lit Cannel Logo – (9)
Exhibit 12: Night Illumination – (10)
Exhibit 13: Monument Replacement Faces – (11)
Exhibit 14: Pylon Replacement Faces – (12)
Exhibit 15: Demolition Floor Plan – (D1.0)
Exhibit 16: Dimensioned Floor Plan – (A1.0)
Exhibit 17: Exterior Elevations – (A2.0)
Exhibit 18: Resolution No. 03-11-56 – Approved November 25, 2003
Exhibit 19: Planned Unit Development Permit – Issued January 15, 2004
PROJECT DESCRIPTION
The project narrative is found as Exhibit 1. The introduction to the narrative that
provides an overview is as follows:
As one of the owners and franchisees of the planned Dave’s Hot Chicken in Oak Park
Heights, I am requesting a variance to allow mural artwork throughout the exterior of our
building located at 5910 Neal Avenue N. While the City’s Design Guidelines do not
specifically reference murals, this design element is a central part of the Dave’s Hot
Chicken brand and an important factor in creating the guest experience that our guests
expect.
Dave’s Hot Chicken restaurants nationwide feature mural artwork that reflects the
brand’s energy, authenticity, and urban roots. These murals are not optional
embellishments – they are an essential component of our franchise design standards.
Without them, our building would not represent the nationally recognized Dave’s Hot
Chicken identity.
The approvals granted in 2003 for Taco’s John’s are still in effect for this site. The
current application addresses the proposed signage as well as the Site Plan and Design
Guidelines review. The signage package for this restaurant does not comply with the
sign standards of the Zoning Ordinance and the building color/graphics are not
compliant with the Design Guidelines.
ISSUES ANALYSIS
Comprehensive Plan. The property is designated as Commercial on the Proposed
Land Use Map. The drive through restaurant is consistent with that land use
designation.
Zoning. The property is zoned B-2 General Business District with a PUD Overlay. A
Planned Unit Development / Conditional Use Permit Amendment is required to allow the
signage changes proposed. Design Standards/Site Plan review is also required. A
variance from the Design Standards is required to approve the proposed façade color
and graphics.
Approvals granted in 2003 included the following:
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1. Rezoning from Open Space Conservation (O) to General Business (B-2) with a
PUD Overlay District.
2. Preliminary/final plat of “Oak Park Marketplace” for the 1.98-acre property for a
two-lot commercial subdivision.
3. Conditional Use Permit (CUP) for two fast food restaurant buildings with drive-
through windows.
4. CUP to allow a reduced parking requirement.
5. CUP to allow curb cuts greater than 24 feet in width.
6. General concept and general plan of development Planned Unit Development
(PUD) approvals.
7. Site and Building Plan approval.
The approvals have not been amended since granted in 2003. The Taco John’s has
operated in that location since it opened that year. The KFC structure is now a catering
business and the allowance for a drive through restaurant has expired.
Signage. When the Taco John’s and KFC were approved in 2003, a Conditional Use
Permit for signage was not required in that all signage met the requirements of the
Zoning Ordinance. The subject site is in the Destination Highway Retail District which
allows for additional signage from what is allowed in the B-2 District.
Freestanding Pylon Sign. The freestanding pylon sign for the site will remain. The
Applicant proposes utilizing both sign faces for Dave’s Hot Chicken. The subject site is
in the Destination Highway Retail Highway District which allows for one freestanding
pylon sign that does not exceed 200 square feet in area. The sign plan shows that the
size of the signage is to be determined. The size of the signs shown are approximately
50 square feet each, consistent with the current sign faces.
Freestanding Monument Sign. The existing freestanding monument sign shall remain,
and the sign faces will be updated. The sign plan shows the proposed monument sign
faces.
Wall Signage. The Destination Retail Highway District allows for a total of three wall
signs, each on separate facades. The proposed sign plan indicates two separate wall
signs on the north and east elevations and one sign each on the south and west
elevations for a total of six wall signs. A Conditional Use Permit is required to allow for
the additional wall signs. Past precedence has allowed for Conditional Use Permit
approval of a total of four wall signs per business, one on each façade. The most
recent approval for a drive through restaurant was Popeye’s where one wall sign per
façade was allowed for a total of four wall signs, and two signs could be placed on one
of the facades. With the visibility of the site from Stillwater Blvd North / County Road
15, one wall sign per facade is thought to be adequate for the Dave’s Hot Chicken
business.
Total Allowable Wall Signage. The square footage of wall signage shall not exceed
500 square feet of wall signs for the site, and the signs cannot exceed 10 percent of the
wall area, per façade. The proposed wall signs are as follows:
4
Sign
Square Feet
Total No.
of Signs
Total
Square Feet
East Elevation:
77
28
2
105
West Elevation:
58
1
58
North Elevation:
77
28
2
105
South Elevation:
28
1
28
TOTAL 296 6 296
As indicated, the wall signage should be limited to one per façade for a total of four wall
signs. The Applicant could determine which sign to use on each façade, and two signs
may be placed on one of the facades. At the time of sign permitting the Applicant shall
provide the square footage of each of the facades to assure compliance with the 10
percent limit of signage.
Directional Signage. The Applicant shall provide a plan for directional signage
compliant with the requirements of Section 401.15.G of the Zoning 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
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.
Drive-Thru for Restaurants. Plans shall be provided for any proposed canopy
structure and menu board for the order lane. The final plans for the directional signs,
menu boards, canopies and associated lighting will be subject to review by the City.
Access/Site Plan. There are no changes proposed for access or the layout of the site.
The building footprint, parking layout, and circulation patterns for the drive through will
not be altered.
Parking. In 2003, a Conditional Use Permit was granted to allow for a reduction of
required parking from 98 parking stalls to 79. This allowance is more in line with the
current standards for parking that were approved in 2023. The parking requirement was
5
lowered by now requiring one space for each 100 square feet of gross floor area from
one space for each 35 square feet for fast food and drive through restaurants.
In that no changes are to be made to the site or to the building at this time, no further
process is required.
Grading/Drainage/Utilities. There are no site plan changes proposed that will require
the City Engineer’s review.
Lighting Plans.
Fixtures. The Applicant has indicated that the exterior light fixtures will be replaced. A
lighting fixture plan will be required for review by the City. All light fixtures shall be full
cut off and consistent with Section 401.15.B.7 of the Zoning Ordinance as it relates to
lighting requirements.
Photometrics. A photometric plan will be required with submittal of the fixture plan. The
light intensity is required to be less than one-foot candle at the centerline of adjacent
streets and 0.4-foot candles at the property line.
Building Lighting. Building color wraps or LED and neon strip lighting is not allowed.
Hours. Outdoor lighting for parking lots shall be turned off one hour after closing,
except for approved security lighting.
Landscaping. No changes are proposed to the existing landscaping. Any landscape
changes are subject to City Arborist review and approval.
Mechanical Screening. No changes are proposed at this time to exterior mechanical
equipment. Any exterior mechanical equipment, either on the roof or ground mounted,
is required to be screened in accordance with Section 401.15.E.10.e. of the Zoning
Ordinance.
Trash/Recycling Storage. There is a trash and recycling enclosure at the back of the
building.
Design Guidelines.
Architectural Guidelines.
Façade Treatments
The proposed building will not be altered except that the plans show the building
will be painted white with color mural graphics. Red awnings will be placed over
the windows.
Ground Level Expression
This is a one-story building with a raised roof feature.
6
Transparency
The building transparency will not be altered. The existing window and door
placement will remain.
Entries
The customer entry for the building will not be altered.
Roof Design
The roofline is broken by a varying roof heights.
Building Colors
The Design Guidelines indicate the following:
Building colors should accent, blend with, or complement the surroundings.
Principal building colors should generally consist of neutral, or muted colors with
low reflectance. “Warm-toned” colors are encouraged because of their year-
round appeal. No more than three principal colors should be used on a façade or
individual storefront. Bright or primary colors are acceptable when determined
through the design and review process to be appropriate for the site and building
use.
The proposed building color and graphics is a significant departure from the
Design Guidelines. The Planning Commission should discuss whether the white
base and bright color mural graphics are acceptable for the site and the building.
A variance from the Design Guidelines would be required if the colors are found
to be acceptable.
Building Materials
The building materials will remain the same, but the entire building will be painted
white, covering the original brick and painted surfaces.
Franchise Architecture
The building is a franchise design. The Planning Commission should comment
whether the colors are compatible with the Design Guidelines.
Site Design Guidelines
The site is not being altered with this proposal.
Conditional Use Permit Review Criteria. The conditional use permit criteria, found in
Section 401.03.A.7 of the Zoning Ordinance, are found as follows:
1. Relationship to the specific policies and provisions of the municipal comprehensive plan.
2. The conformity with present and future land uses in the area.
3. The environmental issues and geographic area involved.
7
4. Whether the use will tend to or actually depreciate the area in which it is proposed.
5. The impact on character of the surrounding area.
6. The demonstrated need for such use.
7. Traffic generation by the use in relation to capabilities of streets serving the property.
8. The impact upon existing public services and facilities including parks, schools, streets,
and utilities, and the City’s service capacity.
9. The proposed use’s conformity with all performance standards contained herein (i.e.,
parking, loading, noise, etc.).
Comment: The Planning Commission should comment if any of these criteria will be at
odds with the Conditional Use Permit proposed for the site. It is recommended that the
number of wall signs be limited through the approved conditions.
CONCLUSION / RECOMMENDATION
Upon review of the requests for a Planned Unit Development / Conditional Use Permit
Amendment to allow additional signage and a variance from the Design Guidelines for
building color and graphics for a Dave’s Hot Chicken at 5910 Neal Avenue North, City
Staff would recommend the project with the conditions as follows:
1. Wall signage should be limited to one per façade for a total of four wall
signs. The Applicant may determine which sign to use on each façade,
and two signs may be placed on one of the facades. At the time of sign
permitting the Applicant shall provide the square footage of each of the
facades to assure compliance with the 10 percent limit of signage.
2. The Applicant shall provide a plan for directional signs, any canopy
structures, and menu boards compliant with the requirements of Section
401.15.G of the Zoning Ordinance. Any directional signage shall be
subject to review of the City and can only include the name and logo of the
business.
3. All signage shall be subject to final review and approval of City Staff for
conformance with Zoning Ordinance standards. The sign lighting should
be designed such that only the text and logo portions of the signs are lit at
night. Staff shall approve the lighting specifications for signs at the time of
permitting.
4. All lighting fixtures shall be full cut off and installed in compliance with the
lighting standards of the Zoning Ordinance. A photometric plan shall be
provided for review and approval by City Staff. Building color wraps or
LED and neon strip lighting is not allowed.
5. The outdoor lighting shall be turned off one hour after closing, except for
approved security lighting.
6. Any changes to trees or landscaping shall be subject to City Arborist
review and approval.
8
7. Mechanical equipment that is located on the roof or visible from street
level or from neighborhood properties shall be screened with materials
that blend harmoniously with the building façade materials.
8. All storage of trash and recycling shall be totally within the trash
enclosure.
9. The Planning Commission should review the proposed building colors and
use of building material selection and colors.
10. A bike rack shall be identified on the site plan and placed on site.
pc: Julie Hultman
Minnesota Chicken, LLC – Variance Application 1 | Page
MINNESOTA CHICKEN, LLC
dba DAVE’S HOT CHICKEN
2523 Bridle Creek Trail
Chanhassen, MN 55317
www.daveshotchicken.com
Alex Humphries
Owner
alex@mnchicken.com
direct phone (202) 841-3225
S EPTEMBER 26TH, 2025
VIA ELECTRONIC MAIL
Planning Commission and City Council
City of Oak Park Heights
14168 Oak Park Blvd N.
Oak Park Heights, MN 55082
Attn: Julie Hultman
Re: VARIANCE REQUEST – BRAND MURAL ARTWORK ON BUILDING EXTERIOR
Dear Planning Commission and City Council,
As one of the owners and franchisees of the planned Dave’s Hot Chicken in Oak Park Heights,
I am requesting a variance to allow mural artwork throughout the exterior of our building
located at 5910 Neal Ave N. While the City’s Design Guidelines do not specifically reference
murals, this design element is a central part of the Dave’s Hot Chicken brand and an important
factor in creating the guest experience that our guests expect.
Dave’s Hot Chicken restaurants nationwide feature mural artwork that reflects the brand’s
energy, authenticity, and urban roots. These murals are not optional embellishments—they
are an essential component of our franchise design standards. Without them, our building
would not represent the nationally recognized Dave’s Hot Chicken identity.
In support of this request, I wish to address the required variance findings:
a. Special Circumstances / Unique Conditions
The Design Guidelines do not contemplate mural artwork as a façade treatment. Dave’s Hot
Chicken requires murals as part of its national brand design. Without this variance, we are
deprived of a reasonable use of the building that is necessary to maintain brand consistency
and deliver the guest experience expected across all Dave’s Hot Chicken restaurants.
b. No Detriment to Public Health, Safety, or Welfare
The mural will not harm public health, safety, or welfare. Instead, it will improve the visual
environment, deter graffiti by providing intentional and managed artwork, and create a
safer, more vibrant pedestrian experience.
c.Addressing Inequities / Hardship
While this is not a topographical or vegetation-related hardship, the inequity arises from a
design limitation: other Dave’s Hot Chicken locations across the country are able to express
the brand through murals, whereas strict application of the Guidelines here would uniquely
prevent it. This creates a disproportionate restriction on the reasonable use of our building
compared to other franchise properties.
EXHIBIT 1
Minnesota Chicken, LLC – Variance Application 2 | Page
d. Not Based on Economic Difficulties
This request is not made out of financial hardship. The hardship arises from the absence of
mural provisions in the Design Guidelines, not from economic constraints. That said, as a
new business in Minnesota, it is important for us to establish brand visibility and guest
recognition in what is becoming a highly competitive chicken restaurant space. With Chick-
fil-A opening a new location in Stillwater next year, maintaining Dave’s Hot Chicken’s
national brand standards — including our signature mural artwork — is critical for
differentiation and long-term success. Dave’s also has national data showing that locations
incorporating mural artwork see, on average, a 20% lift in sales compared to those that
do not. While this is not the basis for the variance, it demonstrates how murals strengthen
viability, support surrounding businesses, and contribute to the City’s tax base.
e. Hardship Not Self-Created
The hardship is not the result of any action by me as the planned building tenant. It arises
entirely from the absence of provisions in the Guidelines for mural artwork as a design
element.
f. No Change to the Design Guidelines Process
Approval of this variance does not alter the process or scope of the Design Guidelines. It
simply allows for a unique and brand-required design treatment within the existing
framework.
While the murals are brand-specific, they provide value beyond the business itself by:
• Enhancing the community’s visual environment with high-quality, professionally
executed artwork.
• Creating a unique destination that attracts guests from across the region, benefiting
the broader Oak Park Heights economy.
• Demonstrating Oak Park Heights’ ability to support nationally recognized concepts
while still encouraging creative, distinctive design.
Dave’s Hot Chicken murals are a fundamental expression of our brand, and their inclusion is
critical to delivering the authentic guest experience our guests expect. Approving this variance
will not only respect our franchise standards but also advance the City’s vision for engaging,
high-quality commercial development.
I respectfully request approval of this variance so that our planned Oak Park Heights location
can fully reflect the Dave’s Hot Chicken brand while contributing positively to the community’s
character and streetscape.
Thank you for your time and consideration.
Sincerely,
Alex Humphries
Owner
Minnesota Chicken, LLC dba DAVE’S HOT CHICKEN
EXHIBIT 2
EXHIBIT 3
EXHIBIT 4
EXHIBIT 5
EXHIBIT 6
EXHIBIT 7
EXHIBIT 8
EXHIBIT 9
EXHIBIT 10
EXHIBIT 11
EXHIBIT 12
EXHIBIT 13
EXHIBIT 14
1DEMOLITION FLOOR PLAN
1/4"=1'-0"
SHEET TITLE:
SHEET NUMBER:
DEMOLITION
FLOOR PLAN
D1.0
DATE DESCRIPTION
CLIENT:
Minnesota Chicken, LLC
2523 Bridle Creek Trail
Chanhassen, MN 55317
202.841.3225
PROJECT NUMBER:
PRELIMINARY
FOR REVIEW ONLY
THESE DOCUMENTS ARE FOR DESIGN
REVIEW AND NOT INTENDED FOR
BIDDING, CONSTRUCTION, OR PERMIT
PURPOSES.
DHC25015
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DATE DESCRIPTIONDATEDESCRIPTION
10.29.25
6201 CAMPUS CIRCLE DRIVE E
IRVING, TEXAS 75063
TEL: 972.870.1288
ARCHITECT:
WWW.IDSTUDIO4.COM
E-MAIL rridge@fusion-ae.com
RUSTY ALLAN
RIDGE, AIA
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GENERAL DEMOLITION NOTES
KEY NOTES:
1DEMOLITION REFLECTED CEILING PLAN
1/4"=1'-0"
EXHIBIT15
PREP
STORAGE
RESTROOM
RESTROOM
FREEZERCOOLER
CLEANING
OFFICE
SERVICE
DINING
CLEANING
STORAGE
VESTIBULE
SHEET TITLE:
SHEET NUMBER:
DIMENSIONED
FLOOR PLAN
A1.0
DATE DESCRIPTION
CLIENT:
Minnesota Chicken, LLC
2523 Bridle Creek Trail
Chanhassen, MN 55317
202.841.3225
PROJECT NUMBER:
PRELIMINARY
FOR REVIEW ONLY
THESE DOCUMENTS ARE FOR DESIGN
REVIEW AND NOT INTENDED FOR
BIDDING, CONSTRUCTION, OR PERMIT
PURPOSES.
DHC25015
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DATE DESCRIPTIONDATEDESCRIPTION
10.29.25
6201 CAMPUS CIRCLE DRIVE E
IRVING, TEXAS 75063
TEL: 972.870.1288
ARCHITECT:
WWW.IDSTUDIO4.COM
E-MAIL rridge@fusion-ae.com
RUSTY ALLAN
RIDGE, AIA
2DIMENSIONED FLOOR PLAN
1/4"=1'-0"
GENERAL NOTES
WALL LEGEND
N
PLAN
NORTH
TRUE
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N
1DIMENSIONED COUNTERTOP PLAN AT POS
1/2"=1'-0"
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PLAN
NORTH
TRUE
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EXHIBIT16
EXHIBIT17
RESOLUTION NO. 03-11-56
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 TACO JOHN'S/STEAK ESCAPE AND
KFC/A & W FOR REZONING, PRELIMINARY/FINAL PLAT,
CONDITIONAL USE PERMITS, PUD APPROVALS, AND
SITE AND BillLDING PLAN APPROVAL LOCATED EAST
OF MINNESOTA HIGHWAY 5 ON NEAL A VENUE
BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from Taco
John's/Steak Escape and KFC/A & W for the following :
1.Rezoning from Open Space Conservation (0) to General Business (B-2) with a PUD
Overlay District.
2.Preliminary/final plat of "Oak Park Marketplace" for the 1.98-acre property for a two-lot
commercial subdivision.
3.Conditional Use Permit (CUP) for two fast food restaurant buildings with drive-through
windows
4.CUP to allow a reduced parking requirement.
5.CUP to allow curb cuts greater than 24 feet in width.
6.General concept and general plan of development Planned Unit Development (PUD)
approvals.
7.Site and Building Plan approval
for property located east of Minnesota Highway 5 on Neal Avenue and after having conducted a
public hearing relative thereto, the Planning Commission of Oak Park Heights recommended the
application be approved with conditions. The City Council makes the following findings of fact
and resolution:
follows, to wit:
1.The real property affected by said application is legally described as
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
EXHIBIT 18
EXHIBIT 19