HomeMy WebLinkAbout2009-06-23 CC Meeting Packet EnclosureMeeting Date June 2
Time Required: 5 Minutes
Requester's Signature
Action Requested
rieiow
Oak Park Heights
Request for Council Action
Agenda Item Title: • CONDFFIONAL USE PERMITS FOR A FAST F9Q1).
RESrfAURANT WiTj): PRIVE-THROUGH CURB WIDTH, AND REDUCED
PARKIND_RMST: AND VARIANCES FOR McDONALD'S RESTAURANT AT
14545 60 STREET NORTH.
Agenda Placement New Buji. ss
Originating Department/Recit st , dric Johnson CIMAdrninistrator
Background/Justification (Please indicate if any previous action has been taken or if other public
bodies have advised):
Please See Attached from City Planner Scott Richards:
1. Planning Report Dated: 6-4-09
2. Planning Commission Recommendations:
3. Proposed City Council Resolution
••■••■••■•••■•••••••.,...
"N ef.0‘.'t
Page 37 of 56
RE:
TO:
FROM:
DATE:
BACKGROUND
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 75323 1 .2555 Facsimile: 752.221 ,2561 planners @nacplanning.corn
PLANNING REPORT
Eric Johnson
Scott Richards
June 4, 2009
FILE NO: 798.02 - 09.04
Oak Park Heights - McDonald's Conditional Use Permits and
Setback Variances for Removal and Replacement of the
Restaurant at 14545 60 Street North
Dale Shimek, representing McDonald's USA, LLC, has made application for removal
and replacement of the McDonald's restaurant at 14545 60 Street North. The site will
be reconfigured to allow a two aisle ordering system and to replace the existing building
with an updated structure that includes a play place, The following approvals are
requested to allow the site redevelopment:
1. Conditional use permit (CUP) for a fast food restaurant with drive - through.
2. Conditional use permit to allow reduced parking requirement.
3. Conditional use permit to allow curb cuts greater than 24 feet in width.
4. Variance for reduced parking area setback.
5, Variance for number of allowed signs.
The site is located along the south frontage road (60 Street North) of Highway 36, east
of Omaha Avenue North, The property is zoned B-2, General Business District.
Attached for reference:
Exhibit 1. Title Sheet (C0.1)
Exhibit 2. Existing Conditions (01.1)
Exhibit 3. Demolition Plan (C1.2)
Exhibit 4, Site Plan (02.1)
Exhibit 5. Grading, Drainage, Paving and
Erosion Control (C3.1)
Exhibit 6. Utilities (C4.1)
Exhibit 7. Site Photometrics (E2.1)
Exhibit 8, Landscape Plan (L2.1)
Exhibit 9. Floor Plan/Elevations (ALL)
Exhibit 10. Floor Flan -Front (A1.0)
Exhibit 11. Floor Plan -Rear (A1.1)
Exhibit 12, Rooftop Plan /Lighting Fixtures (A1,2)
Exhibit 13. Elevations (A2.0)
Exhibit 14. Elevations (A2.1)
Exhibit 15. Color Elevation
Page 38 of 56
Exhibit 16. Lighting Specifications
Exhibit 17. Sign Details
Exhibit 18. Memorandum, Date Shirnek, May 26,
2009
ISSUES ANALYSIS
Comprehensive P1anIZonEin . The Comprehensive Plan guides the property for
commercial use. The property is zoned B-2, General Business in which drive-in
convenience food establishments are a listed conditional use.
Subdivision. The property is platted as Lot 1, Block 1 Raduenz Addition. There are no
changes requested related to the lot or easements.
Traffic circulation /Curb Cuts. The proposed site plan indicates a one -way traffic flow
through the site as currently configured. The storage building would be removed and
the two drive -up order boards are proposed at the rear of the building. The project
architect has worked with Karen Erickson, the City Engineer, to ensure adequate width
for the drive-through and the drive aisle. The site has been designed with diagonal
parking, an 18 foot drive aisle, and nine foot drive-through lane in conformance with the
City Engineer's recommendation and the Zoning Ordinance standards for parking lots.
Section 401 .15. F. h. () specifies that one curb cut is allowed for 125 feet of lot frontage.
With 160 feet of frontage on 60 Street North, the site is not in conformance with that
provision. The two curb cuts are an existing situation and are to be replaced almost
exactly as currently configured. The two curb cuts are to be 27 feet in width. The
Zoning Ordinance requires curb cuts over 24 feet in width to be allowed only through
conditional use permit. The applicant has requested the conditional use permit as part
of the application. City staff recommends that the curb cuts be allowed to facilitate
turning movements into and out of the site for delivery trucks and emergency vehicles.
The applicant should provide additional information as to how deliveries will be made to
the store, and where the unloading will take place. The frequency and time of deliveries
should also be discussed by the Planning Commission and City Council.
Setbacks. Building setbacks required in the B -2 District are as follows:
Building
Setbacks Required
Front 40 feet
Side 10 feet
Rear 20 feet
2
Exhibit 19. Memorandum, Kathy Widen, City
Arborist
Exhibit 20. Memorandum, Karen Erickson, City
Engineer
Proposed
41 feet
65 feet west 150 feet east
113 feet
The building setbacks are complaint with the Zoning ordinance requirements.
Currently, the parking lot abuts the property line in locations on the west and east and a
16 foot setback is provided on the south, The proposed site plan indicates a 10 foot
setback on the west, four and one -half feet on the east, and 19 feet on the south. A
Page 39 of 56
variance from Section 4O1.15.F.4.h.17) will be required to allow for the reduction in
required side yard setback.
The applicant has provided a review of the criteria found in Section 401.04.A. 5 of the
Zoning Ordinance related to issuance of a variance:
In accordance to Oak Park Heights Zoning Ordinance (Section 401.04.4.5), McDonald's
Corporation is requesting a variance to the required 10 foot side setback along the east
property line, Below is a narrative providing justification and proof of hardship.
a. Undue hardship will result if the variance is denied due to the existence of special
conditions and circumstances which are peculiar to the land, structure, or building involved
and which are not applicable to other lands, structures or buildings in the sate district.
1) special conditions may include exceptional topographic or water conditions or in the
case of an existing lot or parcel of record, narrowness, shallowness, insufficient area
or shape of the property.
The existing lot is 160 feet wide, which is insufficient to allow for 10 foot
setback on the east side. We submitted a site plan with 10 foot setbacks
using minimal parking stall length and minimal drive lane widths to Karen
Erickson of Bonestroo, Upon review, she recommended increasing the
drive lane widths to allow for better traffic flow. The resulting layout
requires a four foot side setback along the east property line. If required
to provide a 10 foot setback, approximately 22 parking stalls would be
lost.
2) Undue hardship caused by the special conditions and circumstances may not be
solely economic in nature, if a reasonable use of the property exists under the terms
of this Title.
The existing McDonald's Restaurant has zero setbacks on the east and
west sides. The proposed plan increases the west setback to the
recommended 10 feet and the east setback to four feet.
3) special conditions and circumstances causing undue hardship shall not be a result of
lot size or building location when the lot qualifies as a buildable parcel.
Not applicable.
b. Literal interpretation of the provisions of this Ordinance would deprive the applicant of
rights commonly enjoyed by other properties in the same district under the terms of this
Ordinance or deny the applicant the ability to put the property in question to a reasonable
use.
If required to maintain 10 foot setbacks on both sides, we would not be
able to function as a drive -thru restaurant. The lot to the east (Pizza Hut)
has a setback of approximately one foot. The lot to the west (Taco Bell)
has an approximate setback of four feet.
c. The special conditions and circumstances causing the undue hardship do not result from
the actions of the applicant.
The existing McDonald's Restaurant was built prior to the implementation
of the city ordinances requiring 10 foot setbacks. Al! reasonable
measures have been taken to greatly improve the existing setbacks.
Page 40of56
d. Granting the variance requested will not confer on the applicant any special privilege that
is denied by this Ordinance to other lands, structures or buildings in the same district
under the same conditions.
With the granting of this variance request, McDonald's will have a greater
setback than adjacent properties.
e. The request is not a result of non-conforming lands, structures or buildings in the same
district.
The proposed building, etc. will be conforming.
f. The request is not a use variance.
No.
g. The variance requested is the minimum variance necessary to accomplish the intended
purpose of the applicant.
The lot layout, with the four foot setback on the east side, is the minimum
variance necessary.
h. The request does not create an inconvenience to neighboring properties and uses.
Since the existing McDonald's Restaurant has zero setbacks, no
inconvenience or impact on their use will occur.
Parking. The following table provides an analysis of proposed and required parking
spaces:
M .. Parking Area Required
Requirements LL.. .� w. Spaces
1 peg 35 s j uare feet 2,1 , 9 = 1, 920 SF dinin_glservice 55
1p er 30 uare feet__ 1 ,604 ni
.9 = 1 ,444 SF kitchestora e
Y.1 per 200 square feet 63 X .9 57 SF
2 spaces Drive - through window
TOTAL
Per ordinance, the site would require 75 parking spaces. Currently, there are 67 spaces.
The proposed site plan indicates a total of 59 spaces, three of which are disability
accessible. The applicants has requested a conditional use permit to construct fewer
spaces than what is required by ordinance. They have provided examples of similar
McDonald's currently constructed in the Metropolitan Area with fewer stalls than
required by ordinance and similar in number to what is provided for the Oak Park
Heights location. With much of the business being provided through the drive - through,
the numbers of patrons sitting in the restaurant is much fewer than when the parking
requirements were first established.
In addition to the parking requirements, 180 feet of stacking space is required for the
drive - through facilities. There is approximately 240 feet of stacking space provided.
With the dual ordering boards, the drive - through will be able to process orders quicker
thus reducing the lines of cars that form at this McDonald's location.
4
0
2
75
Page 41 of 56
In evaluation of the requested conditional use permit for a parking reduction, Section
401.04.A.7 of the Zoning Ordinance directs the Planning commission and City council
to consider the possible effects of the proposed use, with that judgment based upon
(but not limited to) the following factors:
a, Relationship to the specific policies and provisions of the municipal comprehensive plan.
h. The conformity with present and future land uses in the area.
c. The environmental issues and geographic area involved.
d. Whether the use will tend to or actually depreciate the area in which it is proposed.
e. The impact on character of the surrounding area.
f. The demonstrated need for such use.
g. Traffic generation by the use in relation to capabilities of streets serving the property.
h. The impact upon existing public services and facilities including parks, schools, streets,
and utilities, and the City's service capacity.
1. The proposed use's conformity with all performance standards contained herein (i.e.,
parking, loading, noise, etc.).
The Planning commission and City Council should determine if a 16 stall reduction
would be appropriate for the restaurant. Staff does not see the reduction of 16 stalls as
significant for this type of restaurant.
Snow Storage. The plans do not indicate an area for snow storage. The applicant
shall provide a snow storage /removal plan.
Landscaping. The submitted landscape plan is subject to City Arborist review and
approval. City Arborist comments are found as an exhibit to this report.
Lighting. The submitted photometric plan illustrates Tight levels that exceed the
maximum of .4 foot candles. The lighting must be revised and a photometric plan must
be submitted that complies with Section 401.15.117.d. This section reads: "No light
source or combination thereof which cast light on a public street shall exceed one (1)
foot candle meter reading as measured from the centerline of said street nor shall any
light source or combination thereof which cast light on adjacent property exceed four -
tenths (0.4) foot candles as measured at the property line."
The light levels on the west and east property lines exceed the allowable light levels,
The lighting plan shall be revised to comply subject to review and approval of City staff.
Light standards may not exceed 25 feet from the ground surface to the top of the light
fixture. The light fixtures, as provided in the application materials, are full cut off and
compliant with the Zoning Ordinance. Any lights visible through the windows of the
structure should also be shielded and full cut off.
Trash Storage. A trash storage room is included within the building with access from a
door on the west elevation{
Mechanical Screening. The submitted information includes the location of roof top
mechanical units and a section including the visibility of the roof top units. From the
5
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section diagram, it appears as though at least one of the units would not be fully
screened by the parapet. The applicant should provide section drawings indicating a
pedestrian from the parking lot looking toward the roof to determine if adequate
screening is provided. I n the alternative, the parapet would be raised to this point to
address the screening issue,
Noise. Sound levels from ordering and announcement equipment shall be in
compliance with Section 4O1. `f 5.B.1 I of the City Zoning Ordinance. This section states
that the emission of noise by any use shall be in compliance with and regulated by the
State of Minnesota Pollution Control Standards, Minnesota Regulation NPC 7010, as
may be amended.
Grading, Drainage, Erosion control and Utilities. Grading, drainage, erosion
control, and utility plans are subject to review and approval by the City Engineer, Storm
water issues are also subject to review and approval by the applicable watershed
authority.
Overhead Distribution Lines. The applicant shall bury, or agree to pay for the burial,
of the overhead distribution lines along 60 Street North. A condition has been added
to address this issue.
Design Guidelines. The Design Guidelines require buildings to be designed
specifically for the site and to relate to the existing buildings around them and in the
area, The Stillwater Area High School is considered a key component of the community
and the continuation of that architectural style, colors and materials is desired.
Franchise architecture is prohibited. Building color wraps and internally illuminated
signs are also prohibited. Less than five percent of a building may be primary or vivid
colors.
Quality. The proposed McDonald's is a new architectural prototype that reflects the
current style and materials used in most of the recent commercial developments
constructed in Oak Park Heights.
The proposed building meets the quality standards of the ordinance, which states
that buildings in all zoning districts shall maintain a high standard of architectural and
aesthetic compatibility with surrounding properties to ensure that they will not
adversely impact the property values of the abutting properties or adversely impact
the public health, safety, and general welfare.
A color graphic of the completed McDonald's has been included with the report. The
graphic illustrates the restaurant's size, scale, composition, colors, and exterior
materials,
Exterior Finishes. The exterior of the restaurant is proposed to be finished with a
combination of brick, EIFS, glass, metal trim, and a metal roofing system. Metal
awnings and a metal trellis system are also used on the structure, The proposed
6
Page 43 ❑f56
Sign
Square Feet
Total No.
of Signs
Total
Square Feet
North Facade:
"M"
4 square feet
1
4
McDonald's
32 square feet
1
32
East Facade:
..
.
"M"
4 square feet
1
4
McDonald's
32 square feet
2
64
South Facade:
.M
. M
"
"M"
4 s quare feet
1
4
West Facade:
. ..
"M"
4 square feet
1
4
McDonald's
32 square feet
1
32
TOTAL
_
8
144_
exterior building materials are consistent with the ordinance standards for grade and
quality.
color. Most of the proposed materials are of soft, warm earth tones consistent with
the Design Guidelines, The metal roof elements will be in a franchise yellow color
as well as the awnings, The Design Guidelines indicate that less than five percent of
the building shall be a primary or vivid color. On the north facade, facing 60 Street
North, 10.2 percent of the total facade would be the yellow trim color and awnings.
On the elevation facing west, the awnings and trim would total 3.1 percent of the
facade. In order to be compliant with the Design Guidelines, staff has suggested
that the applicant replace the awnings with a more neutral color to match the
materials found in the building. Other applications, such as Taco John's and
Kentucky Fried Chicken, were asked and did change their color schemes to comply
with the Design Guidelines. I n addition, the canopies are to be upward lit with light
bars. These fixtures are not compliant with the requirements found in the lighting
standards of the Zoning Ordinance and must be revised unless allowed by the City
Council. The applicant shall provide building material samples for Manning
Commission and City Council review and approval.
Signage.
FrntS i The applicant has proposed that the existing freestanding sign
at the front of the building remain as is. The sign is 35.6 feet in height and the face
of the sign is set at the property line. The current sign includes a changeable
message board. The Zoning Ordinance would allow one freestanding sign on the
site no more than 100 square feet and at a maximum height of 20 feet. The sign, by
ordinance, should be set back five feet from the property line. The sign is a legal
non - conformity, but as part of any redevelopment conditional use permit, the City
could require the sign to be removed and be replaced with a conforming
freestanding sign. Staff recommends that it be removed and replaced with a
compliant sign.
Wall Signage, The following wall signage is proposed:
7
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The Zoning Ordinance would allow for two wall signs on separate building facades.
The total allowable sign area, with the freestanding signs, would be 300 square feet.
The applicant has proposed a total of eight wall signs with a total of 144 square feet.
For other businesses along Highway 36, the City has granted variances for numbers
of allowable signs, and usually allowed a total of three wall signs. Staff recommends
that a variance be granted for three wall signs, each on a separate facade, with
either the "M" or "McDonald's" being the choice of the applicant.
The plans indicate two welcome signs above the two entrance doors, The signs are
approximately 2.5 square feet each and are directional in nature and not calculated
as part of the overall signage.
Order Boards/ lirecinalign The plans indicate two order boards, overhead
"order here" signage, and four directional freestanding signs located at the front of
g g
the store, The order boards are not considered signage and do not factor into the
signage calculations. The four directional boards, two at each driveway entrance,
may be confusing and are totally unnecessary. The Zoning Ordinance allows for two
directional signs as long as they do not exceed 12 square feet. Therefore, any two
of the four proposed directional signs shall be allowed. Staff also recommends that
the "order here" signage is unnecessary and should not be allowed by variance.
CONCLUSION /RECOMMENDATION
Subject to the preceding review, city staff recommends approval of the following listed
requests subject to the conditions that follow:
• Conditional use permit (GUP) for a fast food restaurant with drive- through.
e Conditional use permit to allow reduced parking requirement.
O Conditional use permit to allow curb cuts greater than 24 feet in width.
• Variance for reduced parking area setback.
• Variance for number of allowed signs.
t The applicant shall provide additional information as to how deliveries will be
made to the store including the frequency and time of deliveries.
2. The applicant shall provide a snow removal plan subject to review and approval
of City staff.
3, 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,
should be full cut off and compliant with the Zoning Ordinance.
4. The applicant shall provide section drawings of the roof top units indicating that
adequate screening is provided for all mechanical equipment.
8
Page 45 of 56
5. All noise generated from the store shall be compliant with section 401.15.B.11 of
the Zoning Ordinance.
6. 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.
7 The applicant shall bury the overhead distribution fines 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 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.
8. The applicant shall provide a revised color for the metal canopies subject to
review of the Planning Commission and approval of the City Council. The
canopy color shall be a more neutral color to match the materials found in the
building.
9. The canopies, or building trim, or building facade shall not be up lit with light bars
or other lighting devices,
10. The Planning Commission and City Council shall comment on the building design
and building materials. The applicant shall provide building material samples for
Planning Commission and City council review.
11. The applicant shall remove the existing freestanding sign and replace it with a
sign compliant with the signage requirements of the Zoning Ordinance,
12. The Planning Commission and city Council consider a variance for a total of
three wall signs, each on a separate facade, with either the "M" or "McDonald's"
being the choice of the applicant.
13. 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 and shall not be allowed the other two directional signs
and the "order here" signage at the rear of the store.
14. Outdoor lighting for the parking areas shall be turned off one hour after closing,
except for approved security lighting.
15. The landscape plan shall be subject to the review and approval of the City
Arborist.
16. Any additional comments or conditions of the City Council, Planning
Commission, or City staff.
9
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A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RECOMMENDING TO THE MY COUNCIL TH THE
REQUEST BY McDONALD'S USA, .PLC FOR REMOVAL AND
REPLACEMENT EMENT OF THE McDONALD'S RESTAURANT AT
14545 60 STREET NORTH REQUIRING N CONDITIONAL USE
PERMITS FOR A FAST FOOD RESTAURANT WITH DRI V& THRO U GIB,
CURB BUT WIDTH, AND REDUCED PARKING REQUEST; AND
VARIANCES FOR REDUCED PARKING AREA SETBACK AND
NUMBER OF ALLOWED SIGNS
SHOULD 13E APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request . from
McfDonald's USA, 11,C for removal and replacement of the McDDonald'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 makes the following findings of fact:
'[he real property affected by said application is legally described as
l: f ATTACHMENT A
2. applicant has submitted an application and supporting
documentation to the Community Development Department consisting of the following items:
follows, to wit:
and
and
A RECOMMENDING RESOLUTION
OF THE',
PLANNING COMMISSION
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
SEE ATTACHMENT fMENT 13
3. The property is zoned f3-2, 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 0f'4,5 feet while
the Zoning ordinance would require 10 feet, and for three wall signs while the Zoning ordinance
allows for two.
Page 47 of 56
request; and
6. City staff prepared a planning report dated June 4, 2009 reviewing the
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 made the
following recommendation:
NOW, THEREFORE, BE FT RESOLVED 13Y THE PLANNING
COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING
COMMISSION RECOMMENDS THE FOLLOWING:
A. 'I'hc application submitted by McDonald's USA,1,ICY for removal and replacement of the
McDonald's Restaurant at 1 4545 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 recommended to the City Council of the City of Oak Park Heights for
approval with the following conditions:
1. The `he 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 401.15,13.7,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 401.15.13.11 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 relative to
its property. 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
2
Page 48 of 56
ATTEST:
North at such time as that project is undertaken either by the City or Mn OT. The
applicant shall escrow sufficient funds, as specified by the City Engineer, to complete the
improvement or execute an agreement with the City consenting that the CityilvinDOT
will complete the work and petition for the public improvement, waiving notice of public
hearing and assessments, as required under Minnesota Statute 429.
7. '1`he 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.
9. The Planning Commission was favorable to the building design and building materials.
The applicant shall provide building material samples for City Council review.
10. The applicant shall remove the existing freestanding sign and replace it with a sign
compliant with the signage requirements of the Zoning Ordinance. The applicant shall
provide photos from Highway 36 of the sign for City Council review.
11. The Planning Commission recommended 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.
1.4. 'File 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,
Recommended by the Planning Commission of the City of Oak Pa rk Heights this 1 l day
of June 2009.
Eric A. Johnson, City Administrator
Warren Wasescha, Chan'
3
Page 49 of 56
Attachment A
Washington County GEO Code: 04.029.20.12.0009
Legal Description: Lot 1, Black 1, Raduenz Addition
Physical Address: 14545 60 St. N.
Page 50of56
Variance - Lapse of Approval:
ATTACHMENT 13
Conditional Use Permit (CUP), Variance
Franchise Realty Interstate
DBA McDonald's — 14545 60 St. N.
Application Materials
O Application Form
O Fees
O Plan Sets (3 Large scale Sets/20 11X17 Sets)
• Written Narrative and Graphic Materials Explaining Proposal
O Mailing List from Washington County (500' from subject property)
e Proof of Ownership or Authorization to Proceed
e 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
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 shalt he submitted to the Zoning Administrator not less than thirty
( days before the expiration of said approval. (401.03.C4.a and b)
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.c .1 - 401.4.C.2)
Page 51 of 56
A RESOLUTION ESTABLISHING FINDINGS OF .ACT AND
RESOLUTION OFT E CITY COUNCIL THAT THE
REQUEST BY McDONALD'S USA, LLC FOR REMOVAL AND
REPLACEMENT OF THE McD ONALD' S RESTAURANT AT
14545 60 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 IG
BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from
McDonald's USA, i.i.,C 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 alcr having conducted a public hearing relative thereto, the
Planning Commission of Oak Park Heights recommended that the application be approved with
conditions. 'File 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
SEE ATTACHMENT N'f A
2. The applicant has submitted an application and supporting
documentation to the Community Development Department consisting of the following items:
follows, to wit:
and
and
RESOLUTION NO.
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON GTON COUNTY, MINNESOTA
SOTA
S1.J1.., ATTACHMENT 13
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, um, and to construct 59 parking spaces
while the Zoning Ordinance would require 75 for this site.
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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.
request; and
6. City staff prepared a planning report dated June 4, 2009 reviewing the
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
TIIE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE
FOLLOWING:
A. The application submitted by McDonald's USA, 1.1,C for removal and replacement of the
McDonald's Restaurant at 14545 60 Street North requiring conditional use permits for a fast
food od 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 1- heights with
the following conditions:
1. The applicant shall provide a snow removal plan subject to review and approval of City
Y
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 he 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.
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6 . The applicant shall bury the overhead distribution lines along 60 Street North relative to
its property. 'file timing of that improvement shall be coordinated with the burying of
distribution lines in the area between oakgreera and Osgood Avenues, along 60 Street
North at such time as that project is undertaken either by the City or MnDOT. The
applicant shall escrow sufficient funds, as specified by the City Engineer, to complete the
improvement or execute an agreement with the City consenting that the City /MnDOT
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 Pound in the building.
8. The canopies, building trim, and building facade lighting shall be subject to review and
approval of the City Council.
9. The Planning Commission was favorable to the building design and building materials.
The applicant shall provide building material samples for City Council review.
10. The applicant shall remove the existing freestanding sign and replace it with a sign
compliant with the signage requirements of the Zoning Ordinance. The applicant shall_
provide photos from Highway 36 of the sign for City Council review.
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 "IMMcDDonald a 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 he turned off one hour after closing, except
for approved security lighting.
14. The landscape plan shall he subject to the review and approval of the City Arhorist.
15. Any additional comments or conditions of the City Council, Planning Commission, or
City staff.
Approved by the City Council of the City of oak Park Heights this 23" day of June 2009.
ATTEST:
Eric A. Johnson, City Administrator
David Beaudet, Mayor
3
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Attachment A
Washington County GEO Code: 04.029 20.12.0009
Legal Description: Lot 1, Block 1, Raduenz Addition
Physical Address: 14545 60th St. N.
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Variance — Lapse of Approval:
ATTACHMENT B
Conditional Use Permit (CUP), Variance
Franchise Realty Interstate
DBA cDonald's —14545 bo St. N.
Application Materials
• Application Form
O Fees
e Plan Sets (3 Large Scale Sets /20 11 X17 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 Statements) /Legal Description(s)
Conference With City Staff Upon Application Submittal: May 27, 2009
Planning commission Public Hearing & Recommendation: June 11, 2009
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 (
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
( days before the expiration of said approval. (40103C4.a and b)
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)
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