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Home My WebLink About2026-01-27 CC Resolution 26-01-10 COPY RESOLUTION NO. 26-01-10 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 POLO PADILLA OF FUSION-AE REPRESENTING MN CHICKEN LLC FOR A PLANNED UNIT DEVELOPMENT/ CONDITIONAL USE PERMIT AMENDMENT TO ALLOW FOR ADDITIONAL SIGNAGE AND SITE PLAN/DESIGN STANDARDS VARIANCE AT 5910 NEAL AVENUE NORTH BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request from Polo Padilla of Fusion-AE representing MN Chicken LLC for a Planned Unit Development/Conditional Use Permit Amendment to allow for additional signage and Site Plan/Design Standards Variance at 5910 Neal Avenue North; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended 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: 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 with a Planned Unit Development overlay in which fast food establishments with a drive-through are a conditional use; and 4. 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; and 5. The 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; and 6. 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. 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; and 7. 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 departure from the Design Guidelines. The proposed building facades are to feature a white base and bright color mural graphics. A variance from the Design Guidelines would be required if the color and mural graphics are found to be acceptable; and 8. City staff prepared a planning reports dated December 31, 2025, and January 22, 2026, reviewing the request; and 9. The Planning Commission held a public hearing at their January 8, 2026, meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved 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 Polo Padilla of Fusion-AE representing MN Chicken LLC for a Planned Unit Development/Conditional Use Permit Amendment to 2 allow for additional signage and Site Plan/Design Standards Variance at 5910 Neal Avenue North and 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 with the following conditions: 1. Wall signage shall 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. 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 recommended and the City Council approves the proposed building colors and use of building material selection and colors. 10. A bike rack shall be identified on the site plan and paced on site. 3 11. At such time as the Dave's Hot Chicken franchise ceases to exist in this location, the building appearance shall be restored to a reasonable condition consistent with the Design Guidelines as determined by the City. If said restoration is not completed by the property owner within 18 months of the store closing, the City reserves the right to complete the work and special assess the property owner for all costs incurred. Approved by the City Council of the City of Oak Park Heights this 27th day of January 2026. __---1 Chuck D rty, ayor ATTEST: Jacob Ry y Administrator • 4 ATTACHMENT A Planned Unit Development/Conditional Use Permit Amendment To Allow For Additional Signage And Site Plan/Design Standards Variance Dave's Hot Chicken 5910 Neal Ave. N. Washington County Parcel ID Number: 06.029.20.1 1.0022 ATTACHMENT B , Planned Unit Development/Conditional Use Permit Amendment To Allow For Additional Signage And Site Plan/Design Standards Variance Dave's Hot Chicken 5910 Neal Ave. N. Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal Description(s) Planning Commission Public Hearing & Recommendation: January 8. 2026 Required Approvals: CUP 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)