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Home My WebLink About2010-07-27 CC Resolution 10-07-25 RE SOLUTION NO, 1-0-- 0 7 - 2 5 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 WHITE CASTLE FOR PLANNED UNIT DEVELOPMENT GENERAL PLAN APPROVAL, CONDITIONAL USE PERMIT, SITE PLAN, AND DESIGN GUIDELINES REVIEW FOR A RESTAURANT AT 5950 NORWICH AVENUE NORTH BE APPROVED WITH CONDITIONS WHEREAS, the Cit of Oak Park Hei has received a re from White Castle for Planned Unit Development General Plan Approval, Conditional Use Permit, Site Plan, and Desi Guidelines review for a restaurant at 5950 Norwich Avenue North and after havin conducted a public hearin relative thereto, the Plannin Commission of Oak Park Hei recommended that the re be approved with conditions, The Cit Council of the Cit of Oak, Park Hei makes the followin findin of fact and resolutiono, 1. The real propert affected b said application is le described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supportin documentation to the Communit Development Department consistin of the followin items: SEE ATTACHMENT B and 3. Concept plan approval for the subject site and the CSM development has been g ranted b the Cit Council and 4. The propert is zoned B-4, Limited Business District. 'The subject propert re Planned Unit Development g eneral plan of development approval, a conditional use permit for the drive-throu window, site plan and Desi Guidelines review and 5. Cit staff prepared a plannin report dated Jul 8, 2010 reviewin the re and 6. Said report recommended approval of the Planned Unit Development General Plan Approval, Conditional Use Permit, Site Plan, and Desi Guidelines review subject to the fulfillment of conditions and 7. The Plannin Commission held a public hearin at their Jul 15, 2010 meetin took comments from the applicants and public, closed the public hearin and recommended that the application be approved with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OAK PAM<', HEIGHTS THAT THE CITY COUNCIL APPROVES THE, FOLLOWING:, A. The application submitted b White Castle for Planned Unit Development General Plan Approval, Conditional Use Permit, Site Plan, and Desi Guidelines review for a restaurant at 5950 Norwich Avenue North and affectin the real propert as follows.. SEE ATTACHMENT A Be and the same as hereb approved b the Cit Council of the Cit of Oak Park Hei with the followin conditions: I The g radin g , draina and utilit plans shall be subject to the review and approval of the Cit En and Brown's Creek Watershed District. 2. All li fixtures shall be full cut off and installed in compliance with the li standards of the Zonin Ordinance. The li fixture in the northeast coiner of the buildin shall be brou into compliance. 3. The outdoor li shall be turned off one hour after closin except for approved securit li 4. The landscape plans are subject to review and approval of the Cit Arborist. 5. All si includin directional si shall be subject to final review and approval of Cit Staff. 6. Mechanical e that is located on the roof and visible from street level or from nei properties shall be screened with materials that blend harmoniousl with the buildin fa materials. 7. The Cit re that White Castle install a conduit in the 6 0th Street Ri of Wa to facilitate the possible burial of Xcel distribution powerlines located adjacent to the site. Installation of the conduit and lines shall be subject to the approval of the Cit En 2 8. The Planning Commission recommended and the City Council approves the sustainability initiatives proposed by the applicant. 9. The City Council approves the final building plans for front fagade transparency so that the building is compatible with the Design Guidelines. 10. At such time as the white Castle franchise ceases to operate its business in this location, the tower parapet elements shall be removed and the building appearance restored to a reasonable condition as determined by the City Building official. If said restoration is not completed by the property owner within 120 days of the store closing, the City reserves the right to shutoff municipal utility service to the building until the work is complete. 11. The Planning Commission recommends and the City Council approves the fallowing building materials and colors: a. The white brick and tan rock face block proposed by the applicant. b. Tan rock face block shall be used on all four sides of the corner tower. C. The applicant ma det ermine if it will use the tan rack face block as an ar feature at the first drive -up window. d. Solid blue awnings with no stripes. e. Use of bronze colored wall and freestanding light fixtures. f. The applicant may determine the color of the bollards. 12. The Planning Commission recommended and the City Council approves x that one parking space be removed at the northwest earner of the building to allow for additional landscaping, a bench and bike rack. The C_SM development was ap proved with adequate parking to acco � � - date the p PP �. loss of one parking stall at the subject site. A A� f N� r' A proved by the City Council of the Cf y11, r k ightl this 27 day of p Jul 2010. J 1 ■ JJ f _ Q 5 'vid au et, Mayor A ES .. E 'c . Jo l son City Administrator 3 ATTACHMENT ;C Planned Unit v l pr t (PUD): General Flan Approval, Conditional Use Permit, Site Plan & Design Guidelines Review For White Castle Restaurant 5959 Norwich Ave Washington County GEO Codes 05.029.20.12.0047 Legal Description.: Lot 5, Block 1, Oak Park Commons ATTACHMENT .a k ;Ja Planned Unit Development (PUD): General Plan Approval, Conditional Use Permit, site Plan & Design Guidelines Review For White Castle Restaurant 5950 Norwich Ave Application Materials ® Application & Fees Flan 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) Planning Commission Public Hearing & Recommendation:, July 15, 2010 PUD: en r l - Limitation on Final Plan Approval: Within one year after the approval of a Final Flan for PUD, or such shorter time as may be established by the approved development schedule, construction shall commence in accordance with such approved plan. Failure to commence construction within such period shall, unless an extension shall have been granted as hereinafter provided, automatically render void the PUD permit and all approvals of the PUD plan and the area encompassed within the PUCE shall thereafter be subject to those provisions of the zoning ordinances, and other ordinances, applicable in the district in which it is located. In such cases, the council shall forthwith adopt an ordinance repealing the PUD permit and all PUD approvals and re-establishing the zoning and other ordinance provisions that would otherwise be applicable. The time limit established by this paragraph may, at the discretion of the city council, be extended for not more than one year by ordinance or resolution duly adopted. (401.06.E.5) onditi pal 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 ,honing Administrator not less than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b)