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Home My WebLink About09-06-26 RESOLUTION NO. 09 -06 -26 • 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 MCDONALD'S USA, LLC FOR REMOVAL AND REPLACEMENT OF THE McDONALD'S RESTAURANT AT 1454560 STREET NORTH REQUIRING CONDITIONAL USE PERMITS FOR A FAST FOOD RESTAURANT WITH DRIVE - THROUGH, CURB BUT WIDTH, AND REDUCED PARKING REQUEST; AND VARIANCES FOR REDUCED PARKING AREA SETBACK AND NUMBER OF ALLOWED SIGNS BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from McDonald's USA, LLC for removal and replacement of the McDonald's Restaurant at 14545 60 Street North requiring conditional use permits for a fast food restaurant with drive - through, curb cut width, and reduced parking request; and variances for reduced parking area setback and number of allowed signs; 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 in which fast food restaurants with drive - throughs are a conditional use; and 4. Other conditional use permits are requested to allow for curb cuts at 27 feet while the Zoning Ordinance requires a 24 foot maximum, and to construct 59 parking spaces while the Zoning Ordinance would require 75 for this site. • 5. Variances are required for a reduced parking area setback of 4.5 feet while the Zoning Ordinance would require 10 feet, and for three wall signs while the Zoning Ordinance allows for two. • 6. City staff prepared a planning report dated June 4, 2009 reviewing the request; and 7. Said report recommended approval of the three conditional use permits and variances for parking area setback and wall signs, subject to the fulfillment of conditions; and 8. The Planning Commission held a public hearing at their June 11, 2009 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved subject to the fulfillment of 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 McDonald's USA, LLC for removal and replacement of the McDonald's Restaurant at 14545 60 Street North requiring conditional use permits for a fast food restaurant with drive - through, curb cut width, and reduced parking request; and variances for reduced parking area setback and number of allowed signs 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. The applicant shall provide a snow removal plan subject to review and approval of City staff. 2. 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, including those within the building and visible through the windows, shall be full cut off and compliant with the Zoning Ordinance. 3. The applicant shall provide section drawings of the roof top units for City Council review indicating that adequate screening is provided for all mechanical equipment. 4. All noise generated from the store shall be compliant with Section 401.15.B.11 of the Zoning Ordinance. 5. 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 applicable watershed district. 6. The applicant shall bury the overhead distribution lines along 60 Street North. The timing of that improvement shall be coordinated with the burying of distribution lines in the area between Oakgreen and Osgood Avenues, along 60 Street North. The applicant shall escrow sufficient funds, as specified by the City Engineer, to complete the 2 improvement or agree that the City will complete the work and petition for the public • improvement, waiving notice of public hearing and assessments, as required under Minnesota Statute 429. 7. The applicant shall provide a revised color for the metal canopies subject to review of the approval of the City Council. The canopy color shall be a more neutral color to match the materials found in the building. 8. The canopies, building trim, and building facade lighting shall be subject to review and approval of the City Council. (The canopies, building trim, and building facade lighting as proposed was favorable to the City Council as presented by the Applicants on 6 -23- 09.) 9. The Planning Commission was favorable to the building design and building materials. The applicant shall provide building material samples for City Council review. (The City Council was favorable to the building design and building materials as presented by the Applicants on 6- 23 -09.) 10. The applicant shall be allowed to continue use of the existing freestanding sign. 11. The City Council approves a variance for a total of three wall signs, one on the west facing facade and two on the north facing facade, with either the "M" or "McDonald's" being the choice of the applicant. . 12. The ordinance allows two directional signs as long as they do not exceed 12 square feet. The applicant shall be allowed two directional signs at the 60 Street North entrance. 13. Outdoor lighting for the parking areas shall be turned off one hour after closing, except for approved security lighting. 14. The landscape plan shall be subject to the review and approval of the City Arborist. 15. Any additional comments or conditions of the City Council, Planning Commission, or City staff. Approved by the City Council of the City c P e ghts this 23` day of J e 2009. D u a r ' ATTEST: ric . Johnson, City Administrator • 3 Attachment A Washington County GEO Code: 04.029.20.12.0009 Legal Description: Lot 1, Block 1, Raduenz Addition Physical Address: 14545 60 St. N. • ATTACHMENT B Conditional Use Permit (CUP), Variance Franchise Realty Interstate DBA McDonald's —14545 60 St. N. Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets /20 11X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (500' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s) /Legal Description(s) Conference With City Staff Upon Application Submittal: May 27, 2009 Planning Commission Public Hearing & Recommendation: June 11, 2009 i 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) Variance — Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the variance 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 this variance. The property owner shall have the right to submit an application to extend the approval of a variance to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.4.0 .1 — 401.4.C.2)