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HomeMy WebLinkAbout2010-10-26 CC Meeting Packet ostf 11 o kr. Oak Park Heights Request for Council Action Meeting Date October 26 2010 Time Required: 10 Minute Agenda Item Title: Oak Park Heights -- Dairy(Zcen 14447 60' Street North - . --_ Conditional Use Permit, Site Plan and Design Guidelines Review Agenda Placement New Busin - %' '� t }riginatingl)epactment /Re )t` , ri_,lohnsoa City/\dministraipr –_ .- i Requester's Signature /V ,,'�....... -;, - _.. _. -^ — – _ Action Requested See 1 o r Background/Justification (]lease indicate if any previous action has been taken or if other public bodies have advised): Please see the attached from City Planner Scott Richards: 1. Planner's Report Dated - October 7 2010. 2. Planning Commission Resolution, unsigned. 3. Proposed City Council Resolution. • Page 57 of 76 TPC 3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231 .5840 Facsimile: 763.427.0520 TPC@PlanningCo.com PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: October 7, 2010 RE: Oak Park Heights -- Dairy Queen -- 14447 60 Street North -- Conditional Use Permit, Site Plan and Design Guidelines Review TPC FILE: 236.02 — 10.04 BACKGROUND Bill Kulesa, representing Gartner Restaurant Holdings has made application to construct a Dairy Queen at 14447 60 Street North. The property is west of the Super America at the corner of Olene Avenue North and 60 Street. The application consists of requests for a conditional use permit for a drive through and site plan /Design Guidelines review. The property has previously been a vehicle sales lot and the building on the site will be removed as part of this proposed development. The site is 56,963 square feet in size and is zoned B -2, General Business District in which restaurants are a permitted use. The drive thru and convenience food establishments are allowed through a conditional use. Site Plan and Design Guideline review are required for any redevelopment project. EXHIBITS The review is based upon the following submittals: Exhibit 1: Cover Sheet Exhibit 2: Site Plan (C2.1) Exhibit 3: Details (C2.2) Exhibit 4: Grading and Erosion Control Plan (C3.1) Exhibit 5: Utility Plan (C4.1) Exhibit 6: Tree Preservation Plan (L1.1) Exhibit 7: Landscape Plan (L2.1) Exhibit 8: Lighting Plan (E1.1) Page58of76 Exhibit 9: Lighting Plan Details (E1.2) Exhibit 10: Plans and Elevations (A1.0) Exhibit 11: Building /Signage Details (A1.1) Exhibit 12: Existing Conditions (C1,1) Exhibit 13: Demolition Plan (C1.2) Exhibit 14: Building Signage Exhibit 15: Site Signage (A3.3) Exhibit 16: Site Details (A1.2) Exhibit 17: Letter from Mn Dot — September 24, 2010 Exhibit 18: Memo from City Arborist PROJECT DESCRIPTION The proposed Dairy Queen is to be located at the corner of Olene Avenue and 60 Street, just west of the Super America. It will be a one story building of 2,164 square feet with 69 seats. There will also be an outside seating area at the front of the building. A picnic area is also provided at the rear of the site. The Dairy Queen will also provide a drive thru option. Access for the site is from 60 Street. Two access points are currently provided from 60 and these two accesses will remain. The access nearest Olene will be two way, while the exit to the east will be one way out. An area directly to the east of the Dairy Queen and west of the Super America will remain as a paved area. This was a portion of the former used car sales lot. The lot is platted as a separate parcel that is not part of the proposed Dairy Queen or the Super America site. All of these properties are under the same ownership. The paved parcel adjacent to the Super America will remain as a parking area for Super America employees and customers. It is assumed that this lot would be combined with the Super America site for future development. The parcel cannot be developed as a separate parcel in that it does not have adequate frontage on 60 Street. A ten foot grassed area will be created within the parking lot adjacent to the Dairy Queen site. It will be irrigated from the Dairy Queen system and maintained by the owner of the property. The applicant has provided draft copies of the agreement for maintenance of this grassed area. The City will require a copy of the final agreement as a condition of approval. ISSUES ANALYSIS Comprehensive Plan. The property is designated as Commercial on the Proposed Land Use Map. The Dairy Queen restaurant will be consistent with this land use designation. Zoning. The property is zoned B -2 General Business District. Restaurants are a permitted use, but drive through and convenience food establishments are a listed conditional use. A review of the criteria for this project is as follows. The District 2 Page 59 of 76 requires a 40 foot front yard setback, 10 foot side yard setback and 20 foot rear yard setback. The building meets or exceeds these requirements. The building height maximum in the B -2 District is 35 feet. At its highest point, the building will be 20 feet, 6 inches. Section 401.301.E of the Zoning Ordinance lists criteria for review of drive through and convenience food establishments. All of the issues raised in those criteria have been addressed in this report. The one item that should be reviewed carefully by the Planning Commission is the first criterion that specifies compliance with the Design Guidelines. Subdivision. The property is currently in a meets and bounds description. The property owner has the option of plating it as a one lot subdivision and pay park dedication at this time, or to leave it in the current description. If left in a meets and bounds description, 10 foot utility easements along all lot lines will need to be provided to the City at this time. The applicant has indicated that the lot will not be platted at this time. Access. As indicated, the site will be accessed by 60 Street. Two curb cuts on 60 exist at this time, and the applicant has indicated the same on the site plan. Staff discussed the option of an access off of Olene Avenue, but the topography of the site made this option problematic. If the two accesses did not currently exist, the applicant would be allowed only one access from 60 Street. The access closest to Olene Avenue has been moved to the east from its current location. The location of the access points are subject to review and approval of the City Engineer. Parking. Section 401.15.F.9 of the Zoning Ordinance requires one off street parking stall for each 35 square feet of gross floor area or service and dining area and one space for each 80 square feet of kitchen and storage area. Additionally, two spaces are required for the drive - through and 180 feet of drive aisle stacking space must be included. The parking calculation for this site is as follows: 1,029 sq ft (seating /service) x.9 = 926 / 35 = 27 spaces 1,085 sq ft (kitchen/storage) x.9 = 976/ 80 = 13 spaces 2 drive through spaces = 2 spaces Total 42 spaces The site plan indicates that there are 43 parking stalls planned for the development, two of which are disability accessible. The layout as designed will meet the required number of parking stalls and disability accessible stalls. The parking spaces are 9 foot wide stalls with at least 22 foot driveway aisles in compliance with the Zoning Ordinance. The parking area will be completely surrounded by curb and gutter. All of the parking areas are setback from the property lines at least 3 Page 60 of 76 10 feet in compliance with the requirements. There will be landscaped areas at the front and rear of the building as well as surrounding the parking lot and drive thru lane. Three rain gardens are provided within the parking lot and directly behind the building. Loading areas /Trash Enclosure Location. The loading access to the building will be from the parking lot and deliveries are made at the rear of the structure. The representatives of Dairy Queen have indicated that deliveries are made at off peak hours so as not to disrupt traffic flow within the site. Additionally, the delivery area will not impact the drive thru lanes. The trash enclosure is located at the rear of the site and is constructed of brick to complement the main structure. Grading /Drainage /Utilities. Grading, drainage and utility plans have been provided by the applicant. The City Engineer will provide a separate report on engineering issues. The grading, drainage and utility plans shall be subject to review and approval of the City Engineer and the Middle St. Croix Watershed District. Lighting Plans. Fixtures. The lighting plan indicates a shoe box style, full cut off light fixture mounted on a pole and base with a total height of 24 feet in compliance with the lighting requirements. All of the parking lot fixtures are adequately setback from property lines. The plans indicate the locations of the full cut off building wall mounted fixtures. Both of these fixtures are consistent with zoning requirements. The project architect should specify the color of the pole mounted and building light fixtures, Photometrics. The lighting plan is in compliance with zoning requirements for lighting intensity. 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. Hours. Outdoor lighting for parking lots shall be turned off one hour after closing, except for approved security lighting. Accent Lighting. The plans call for the use of an LED flexible tube accent lighting at the front and partially on the sides of the structure. The Design Guidelines do not allow building color wraps or neon as a building accent. This feature will need to be removed from the plans. Landscaping. The submitted plans indicate plantings at the front and rear of the building, and surrounding the parking lot and drive aisle. The City Arborist has provided a report on the landscaping as attached to this report. The final landscape plan is subject to the review and approval of the City Arborist. The landscape area along the east property line will abut the existing parking lot of the former used vehicle lot. The elevations of the parking lot and landscape area have been matched. As indicated, the applicant will install a 10 foot grassed area on the adjacent site as a transition to the parking lot. 4 Page 61 of 76 • Mechanical Screening. The plans indicate that the parapet walls are designed to totally screen the mechanical equipment. Signage. Freestanding Sign. The Zoning Ordinance allows for one freestanding sign not exceeding 20 feet in height and 100 square feet in sign area. A freestanding sign is proposed at the front of the lot near the easterly exit. The sign is 20 feet in height, and the signage is a total of 87 square feet. A brick planter is provided at the base in compliance with the requirements. The Design Guidelines indicate that ground mounted or monument signs are preferred over pylon signs. The Planning Commission should comment on the design of the sign. It might be more attractive as a 20 foot monument sign with the three signage elements incorporated within. Wall Signage. The Zoning Ordinance allows for a total of two wall signs, each on separate facades. The proposed sign plan indicates two wall signs, one on the front facade facing 60 Street and the other facing west. On the front facade, the signage is two separate sign boxes, but in that they are only separated by a gap of six inches, staff regards them as one sign. This is consistent with past practice, Total Allowable Signage. The total square footage of signage shall not exceed 300 square feet for the site. The wall signs are a total of 82 square feet. The total signage proposed for the site is 169 square feet. The sign plans indicate the location and type of directional signs. The directional signs do not include advertising which is consistent with the requirements. The signage, including all directional signs shall be subject to review and approval of City Staff at the time of sign permit application. Sign Illumination. The Dairy Queen logo signs, Grill and Chill signs and the manual reader board is to be internally lit. The sign plans show that when the signs are illuminated at night, only the logo portion of the sign will be lit. The signs as designed should comply with the Zoning Ordinance lighting requirements. Staff will approve the lighting specifications for the signs at the time of permitting. Design Guidelines Sustainable Guidelines. City staff has questioned the applicant on how the project has been designed to achieve at least a certain degree of sustainability. The applicant will need to discuss the methods in building construction and site design with the Planning Commission of how these issues have been addressed. 5 Page 62 of 76 Architectural Guidelines. Facade Treatments The building will have a definite base, middle and top. The Planning Commission should discuss the metal cooler at the rear of the building and the blue and red color accents on the building facades. Ground Level Expression This is a one story building with a raised parapet feature at the center of the front facade. The main entrance is well defined by the awnings and signage. Transparency The building uses glass on all of the facades except for the rear which is partially obscured by the metal cooler. The Design Guidelines requires at least a 20 percent transparency on ground floor, street facing facades. The facade facing 60 Street is approximately 19.1 percent transparent. The two side facades closest to the front have transparencies of 20 percent and over. The Planning Commission should discuss this. Entries The building features a prominent entry with a raised parapet, stone wall materials and awnings. Roof Design The roofline is broken at the front by a raised parapet feature. The rooftop mechanical equipment will be completely screened within the parapet of the building. Building Materials and Colors The applicant has provided color elevations for review. The primary building materials of brick, stone and glass will exceed the 60 percent requirement. None of the prohibited building materials will be used. The Planning Commission should discuss the use of the blue metal panels and the red tile accents on the sides of the building. Building material samples will be available at the Planning Commission meeting. Franchise Architecture The building is a franchise design but it is consistent with the basic principles of the Design Guidelines. This should be discussed by the Planning Commission. Site Design Guidelines Building Placement The proposed building has a well defined entrance facing 60 Street. The building is set back to allow for parking and landscaping. 6 Page 63 of 76 Parking Areas The parking area is landscaped with perimeter plantings and rain gardens. Storm water Storm water will be addressed in the City Engineer's report. Pedestrian and Common Space Currently, there is no trail along 60 Street at this location. It is expected that MNDot will install a trail when improvements are made to the frontage roads of 60 Street. The Planning Commission should comment about creating a trail connection through the site at this time. Landscaping Building entrance plantings are required and are provided at the main parking lot entrance and along the on the west side of the building. An outdoor seating area is provided adjacent to the front facade. That area is landscaped and fenced. Trees /Shrubs The trees and shrubs used in the landscape plan shall be subject to the review and approval of the City Arborist. The Arborist has indicated that the plan is well designed with a good variety of plant materials. Fencing The fence in the front yard, around the outdoor seating area, is three feet in height and to be constructed of an open wrought iron. The fence is in compliance with the requirements. Utilites/ Service /Loading /Drive - Through /Storage Areas Addressed elsewhere in the planning report. Lighting Addressed elsewhere in the planning report. Signage Addressed elsewhere in the planning report. Pedestrian/ Bicycle Routes A bike rack has been provided near the front entrance of the building. CONCLUSION / RECOMMENDATION Upon review of the requests for Conditional Use Permit, Site Plan and Design Guidelines Review, City Staff would recommend the project with the conditions as follows: 7 Page64of76 1. The applicant shall provide an executed copy of the Boundary Development agreement prior to issuance of the building permit. 2. Ten foot utility and drainage easements along all lot lines shall be provided to the City. The easement shall be recorded on the property subject to review and approval of the City Attorney and City Engineer. 3. The two access points are subject to review and approval of the City Engineer and permitting by the Minnesota Department of Transportation. 4. The grading, drainage and utility plans shall be subject to the review and approval of the City Engineer. The drainage plans shall be subject to the review of the Middle St. Croix Watershed District. 5. All lighting fixtures shall be full cut off and installed in compliance with the lighting standards of the Zoning Ordinance. 6. The outdoor lighting shall be turned off one hour after closing, except for approved security lighting. 7. The applicant should specify the color of the pole mounted and building light fixtures. 8. The LED flexible tube accent lighting shall not be used and shall be removed from the final plans. 9. The landscape plans are subject to review and approval of the City Arborist. 10. All signage, including directional signs, shall be subject to final review and approval of City Staff. 11. The Planning Commission should comment on the proposed pylon sign. The Design Guidelines indicate a preference for monument signs. 12. Mechanical equipment that is located on the roof and visible from street level or from neighborhood properties shall be screened with materials that blend harmoniously with the building facade materials. 13. The applicant shall address sustainability initiatives with the Planning Commission. 14. The Planning Commission shall discuss the front facade transparency and determine compatibility with the Design Standards. 8 Page65of76 15. The Planning Commission should comment on the building material selection and colors, and the awnings. In particular the Planning Commission should discuss the color accents and the metal cooler at the rear of the building. 16. The Planning Commission should comment on a future trail connection from the site. 9 Page66of76 A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY GARTNER RESTAURANT HOLDINGS FOR A CONDITIONAL USE PERMIT, SITE PLAN, AND DESIGN GUIDELINES REVIEW FOR A DAIRY QUEEN RESTAURANT AT 14447 60 STREET NORTH SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Gartner Restaurant Holdings for a Conditional t.ise Permit, Site Plan. and Design (Guidelines review for a restaurant at 14447 60 Street North; and after having conducted a public hearing relative thereto. the Planning Commission of Oak Park Heights makes the following findings of fact: I. The real property affected by said application is legally described as follows, to wit: SEE A'1'1'ACi'"HMENl A and The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT 13 and 3. The property is coned 13 -2, General Business District. The subject property requires a conditional use permit for the drive- through window, site plan and Design Guidelines review; and 4. City staff prepared a planning report dated October 7, 2010 reviewing the request; and 5. Said report recommended approval of the Conditional Use Permit, Site Plan. and Design Guidelines review subject to the fulfillment of conditions; and Page 67 of 76 6. The Planning Commission held a public hearing at their October 14, 2010 meeting. took comments from the applicants and public, closed the public hearing, and made the following recommendation: NOW, THEREFORE, BE IT RESOLVED BY TIIE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT TIIE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The application submitted by Gartner Restaurant Holdings for a Conditional Use Permit, Site Plan, and Design Guidelines review for a restaurant at 14447 60' Street North and .affecting the real property as follows: SEE ATTACHMENT A(.'IHMI NT 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 applicant shall provide an executed copy of the Boundary Development agreement prior to issuance of the building permit. len foot utility and drainage easements along all lot lines shall be provided to the City. The easement shall be recorded on the property subject to review and approval of the City Attorney and City Engineer. If requested by the City at a later date, the applicant agrees to dedicate an additional ten loot easement, for a total of twenty feet, from the front property line of 60 Street. 3. The two access points are subject to review and approval of the City Engineer and permitting by the Minnesota Department of Transportation. 4. The grading, drainage and utility plans shall be subject to the review and approval of the City Engineer, The drainage plans shall be subject to the revie\v of the Middle St. Croix Watershed District. 5. All lighting fixtures shall be full cut off and installed in compliance with the lighting standards of the Zoning Ordinance. 6. The outdoor lighting shall be turned off one hour after closing, except for approved security lighting. 7. The applicant has indicated that the color of the pole mounted and building light fixtures will be black. That was agreeable to the Planning Commission. Page68of76 8. The L.EI) flexible tube accent lighting shall not be used and shall be removed from the final plans. 9. The landscape plans are subject to review and approval of the City Arborist. 10. All signage, including directional signs, shall be subject to final review and approval of City Staff. 11. The Planning Commission was favorable to the design of the proposed pylon sign, but requested that the applicant move it further from the front property line. 17. Mechanical equipment that is located on the roof and visible from street level or from neighborhood properties shall be screened with materials that blend harmoniously with the building facade materials. 13. The applicant addressed sustainability initiatives for the project to the satisfaction (tithe Planning Commission. 14. The Planning Commission was favorable to the proposed front facade transparency. 15. The Planning Commission was favorable to the building material selection and colors. and the awnings. 16. The Planning Commission recommended that the applicant consider the location of a future trail connection from the site to 60 Street and determine if a trail access should be placed on the east or west sides of the property. Recommended by the Planning Commission of the City of Oak Park Heights this 14th day of October, 2010. Jennifer Bye, Chair A' Eric A. Johnson, City Administrator - -- Page69of76 ATTACHMENT A • Design Guideline Review, Site Plan Review & Conditional Use Permit (CUP) For Dairy Queen Chill & Grill Drive Through 14447 60 St. N. Legally described as: All that part of the Northeast Quarter of the Northwest Quarter (N1 1 /1 of NW 1/4) of Section Four (4), Township Twenty -nine (29) North of Range Twenty (20) West, described as follows: Beginning at 0 point on the North line Of said Northeast Quarter of the Northwest Quarter (NE of NW ' /,), Two Hundred Thirty (230) feet West of the Northeast corner of the said Northeast Quarter of the Northwest Quarter (NE Vt of NW `` /A); thence South on a line parallel to the East line of the said Northeast Quarter of the Northwest Quarter (NE % of NW 'A), Three Hundred (300) feet to a point; thence West on a line parallel to the North line thereof One Hundred Ninety (190) feet to 0 point; thence North on a line parallel to the East line thereof, Three Hundred (300) feet to a point on the North line of said tract; thence East along the North line thereof, One Hundred Ninety (190) feet to the place of beginning, subject to existing highway easements, power line easements and restrictions of record, Washington C.OUflty. Minnesota. Washington County CEO Code: 04- 029 -20 -21 -0012 Page 70 of 76 ATTACHMENT l3 • Design Guideline Review, Site Plan Review & Conditional Use Permit (CUP) For Dairy Queen Chill & Grill Drive Through 14447 60 St. N. Application Materials ® Application Torn • Fees • 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 flax Statement(s) /Legal Descriptions) Conference With City Staff Upon Application Submittal: September 29, 2010 Required Approvals: C.U.P. 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 Tess than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b) Page 71 of 76 RESOLUTION NO. 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 GARTNER RESTAURANT HOLDINGS FOR A CONDITIONAL USE PERMIT, SITE PLAN, AND DESIGN GUIDELINES REVIEW FOR A DAIRY QUEEN RESTAURANT AT 14447 60 STREET NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request i'ront Gartner Restaurant Holdings for a Conditional Use Permit. Site Plan, and Design Guidelines review for a restaurant at 14447 60` Street North: and after having conducted a public hearing relative thereto. the Planning Commission of Oak Park Heights recommended that the request be approved with conditions. The City Council of the City of Oak Park Heights nukes the following findings of fact and resolution: 1. The real property affected by said application is legally described as follows, to wit: ST 1? 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 13 and 3. The property is zoned 13 -2. General Business District. The subject property requires a conditional use permit for the drive- through window, site plan and Design Guidelines review; and 4. City staff prepared a planning report dated October 7, 2010 reviewing the request; and 5. Said report recommended approval of the Conditional Use Permit, Site Plan, and Design Guidelines review subject to the fulfillment of conditions; and Page 72 of 76 6. The Planning Commission held a public hearing at their October 14, 2010 meeting, took comments from the applicants and public, closed the public hearing, and made the following recommendation: NOW, THEREI+'ORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by Gartner Restaurant Holdings for a Conditional Use Permit, Site Plan, and Design Guidelines review for a restaurant at 14447 60' ► ' Street North and affecting the real property as follows: SE:1: ATTACHMENT A Be and the same as hereby approved by the City Council oldie City of Oak Park Heights with the following conditions: 1. The applicant shall provide an executed copy of the Boundary Development agreement prior to issuance of the building permit. 2. Ten loot utility and drainage easements along all lot lines shall be provided to the City. The easement shall be recorded on the property subject to review and approval of the City Attorney and City Engineer. If requested by the City at a later date_ the applicant agrees to dedicate an additional ten foot easement, for a total Of twenty feet, from the front property line of 60' Street. "The two access points are subject to review and approval of the City Engineer and permitting by the Minnesota Department ol'Transportation. 4. The grading, drainage and utility plans shall be subject to the review and approval of the City Engineer. The drainage plans shall be subject to the review ol'the Middle St. Croix Watershed District. 5. All lighting fixtures shall be full cut off and installed in compliance with the lighting standards of the Zoning Ordinance. 6. The outdoor lighting shall be turned off one hour after closing, except for approved security lighting. 7. 'The applicant has indicated that the color of the pole mounted and building light fixtures will be black. That was agreeable to the Planning Commission and City Council. Page 73 of 76 8. The LED flexible tube accent lighting shall not be used and shall be removed from the final plans. 9. The landscape plans are subject to review and approval of the City Arborist. 10. All signage, including directional signs, shall be subject to final review and approval of City Staff. 1 1. The Planning Commission and City Council were favorable to the design of the proposed pylon sign, but requested that the applicant move it further from the front property line. 12. Mechanical equipment that is located on the roof and visible from street level or from neighborhood properties shall be screened with materials that blend harmoniously with the building facade materials. 13. The applicant addressed sustainability initiatives for the project to the satisfaction of the Planning Commission and City Council. 14. The Planning Commission and C:'ity Council were favorable to the proposed front facade transparency. 15. The Planning Commission and City Council were favorable to the building material selection and colors, and the awnings. 16. The Planning Commission and City Council recommended that the applicant consider the location of a future trail connection from the site to 60' Street and determine if a trail access should be placed on the east or west sides of the property. Approved by the City Council of the City of Oak Park Heights this 26 day of October. 2010. David 13eaudet. Mayor A'l'l ST: Eric A. Johnson, City Administrator .__. Page 74of76 ATTACHMENT A T Design Guideline Review, Site Plan Review & Conditional Use Permit (CUP) For Dairy Queen Chill & (::rill Drive Through 14447 60 St. N. Legally described as All that hart of the Northeast Quarter of the Northwest Quarter (NE / ol'NW ''/) of Section Four (4). Township "twenty -nine (29) North of Range Twenty (20) West. described as follows: Beginning at a point on the North line of said Northeast Quarter of the Northwest Quarter (NE '/ of' NW ''/)., Two 1Tundred Thirty (230) feet \Vest of the Northeast corner of the said Northeast Quarter of the Northwest Quartet' (NE ''/ of NW 1/4):. thence South on a line parallel to the East line of the said Northeast Quarter of the Northwest Quarter (NE % of NW ' /). Three ITundred (300) feet to a point; thence West on a line parallel to the North line thereof' One Hundred Ninety (190) feet to a point; thence North on a line parallel to the East line thereof, Three Hundred (300) feet to a point on the North line of said tract: thence T::ast along the North line thereof One Hundred Ninety (190) feet to the place of beginning, subject to existing highway easements, power line easements and restrictions of record. Washington County. Minnesota. Washington County GEO Code: 04- 029 -20 -21 -0012 Page 75 of 76 ATTACHMENT 13 T , 0 . x Design Guideline Review, Site Plan Review & Conditional Use Permit (CUP) For Dairy Queen Chill & Grill Drive Through 14447 fi0' St. N. Application Materials e Application Form • Fees • Plan Sets (3 Large Scale Sets /20 11 X 17 Sets) e Written Narrative and Graphic Materials Explaining Proposal e Mailing List from Washington County (500' from subject property) ® Proof of Ownership or Authorization to Proceed e Property Tax Statement(s) /Legal Description(s) Conference With City Staff Upon Application Submittal: September 29, 2010 Required Approvals: C.U.P. 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 ase 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) Page 76 of 76