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Home My WebLink About2010-10-14 PC Recommending Resolution 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 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 makes the following findings of fact: 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. 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 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 THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE 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 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. 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. 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. 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 has indicated that the color of the pole mounted and building light fixtures will be black. That was agreeable to the Planning Commission. 2 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 was 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. 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 : 7 'hair ATTEST: / Eric Johnson, City Administrator V - 3 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 (NE 1/4 of NW 1/4) 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 1/4 of NW 1/4), Two Hundred Thirty (230) feet West of the Northeast corner of the said Northeast Quarter of the Northwest Quarter (NE 1/4 of NW 1/4); thence South on a line parallel to the East line of the said Northeast Quarter of the Northwest Quarter (NE 1/4 of NW '/4), Three Hundred (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 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 County, Minnesota. Washington County GEO Code: 04- 029 -20 -21 -0012 ATTACHMENT B Design Guideline Review, Site Plan Review & Conditional Use Permit (CUP) For Dairy Queen Chill & Grill Drive Through 14447 60 St. N. Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets /20 1 1 X 17 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: 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 less than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b)