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HomeMy WebLinkAbout2003-11-25 CC Meeting Packet EnclosureMeeting Date November 25, 2003 Oak Park Heights Request for Council Action Agenda Item Title KFC A&W and Taco Johns Steak Esca e Rezonin Prelimina and Final Plat, CUP, PUD and Site and Building Plan Application Time Required 5 Min. Agenda Placement New Business Originating Department/Requestor Administrator Eric Johnson Requester's Signature Action Requested Consider Application Background/Justification (Please indicate any previous action, financial implications including budget information and recommendations). ENCLOS URE 11 AREAS, the City of Oak Park Heights has received a request from Taco John's /Steak Escape and KFC /A & W for the following: 1. Rezonin g from Open Space Conservation ( to General Business (B -2) with a PUD Overlay District. 2. Preliminary /final plat of "Oak Park Marketplace" for the 1.98 --acre property for a two-lot coinrnercial subdivision. 3. Conditional Use Permit (CUP) for two fast food restaurant buildings with drive- through windows 4. CUP to allow a reduced parking requirement. 5. CUP to allow curb cuts greater than 24 feet in width. 6. General concept and general plan of development Planned Unit Development (PIM) approvals. 7. Site and Building Plan approval for ro located east of Minnesota Highway 5 on Neal Avenue and after having conducted a p Pe � public hearin relative thereto, the Planning Commission of Oak Park Sleights recommended the application be approved with conditions. The City Council makes the following findings of fact pP P and resolution: follows, to wit: and RESOLUTION NO. . .�.. CITY COUNCIL CITY OF OAK PARK :EIGHTS WASHINGTON COUNTY, MMTINESOTA A RESOLUTION ESTABLISHIIVG FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY TACO JOHN'S /STEAK ESCAPE AND KFC /A & W FOR REZONPIG, PREL1MINARY/FTh[AL PLAT, CONDYTIONAL USE PERMITS, PUD APPROVALS, AND SITE AND BUILDING PLAN APPROVAL LOCATED EAST OF MINNESOTA HIGIIWAY 5 ON NEAL AVENUE BE APPROVED WITH CONDITIONS 1. The real property affected by said application is legally described as SEE ATTACHMENT A 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 subject site is proposed to be zoned B -2, General Business District with. a PUD Overlay District. The Comprehensive Plan designates this area for commercial use; and 4. A preliminary plat of Oak Park Marketplace for a two lot commercial subdivision has been submitted for review; and 5. City staff prepared a planning report dated November 7, 2003 reviewing the request; and 6. Said report recommended approval of the requests subject to various conditions; and 7. The Planning Commission held a public hearing at their November 13, 2003 meeting, took comments from the applicants and public, and continued the public hering and discussion to a special meeting on November 18, 2003 ; and 8. The Planning Commission continued the public hearing and discussion at their November 18, 2003 meeting, closed the public hearing, and recommended 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 TIIE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by Taco John's /Steak Escape and K` /A W for the following 1. Rezoning from Open Space Conservation ( to General Business (W2) with a PUD Overlay District, 2. Preliminary/final plat of "Oak Park Marketplace" for the 1.98 -acre property for a two -lot commercial subdivision. 3. Conditional Use Pent (CUP) for two fast food restaurant buildings with drive - through windows 4. CUP to allow a reduced parking requirement. 5. CUP to allow curb cuts greater than 24 feet in width. 6. General concept and general plan of development Planned Unit Development (PUD) approvals, 7. Site and Building Plan approval. for ro erty located east of Minnesota Highway 5 on Neal Avenue and affecting the real p p property as follows: 2 SEE ATTACIEIMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights subject to the following conditions: 1. The developer must put in place parliv and access easements between the two lots. 2. The developer shall contact MnDOT regarding expansion of the parking lot into the easement area. 3. The delivery of goods shall not take place during peak business hours, subject to City staff review and approval. 4. On the north lot, access to the site and the entrance to the drive through are in the same area. The City will re- evaluate this arrangement after six months from the date of City Council approval. If there is a circulation conflict, the developer must amend the situation to a condition satisfactory to the City Engineer. 5. All access and site visibility recommendations of the City Engineer should be incorporated onto the final site plan. 6. The Planning Commission recommends the following design/building material revisions to the buildings subject to City staff review and approval. The applicant shall provide revised building elevations prior to City Council review of the project. a.a KFC/A&W: (1) ( The parapet, window awnings, and tower roof materials shall be a muted red color as consistent with the building materials samples recommended by the planning Commission. (3) The building shall not include any blue banding or neon accents. (4) The base material shall be brick, consistent with the building material sample ple recom ended by the Planning Commission. The brick shall extend from the ground level to the top of the window and door frames. (5) The checkerboard facade of the A & W portion of the building shall be consistent with the elevation plans and building materials samples recommended by the Planning Commission. The A & W and KFC signs shall not be internally lit. The signs may be lit from a wall mounted, City approved light fixture. 3 2003. ATTEST: (6) The revised plans, as recommended by the Planning Commission, at their November 18, 2003 meeting shall be presented to the City Council for review and approval. b. Taco John's I Steak Escape: ( 1) ta.g The revised plans, as recommended by the Planning Commission at their r November 18, 2003 meeting, shall be presented to the City Council for review and approval. 7 sign Revised si p lans and details must be submitted that are in conformance with Section 401.15.G of the Zoning Ordinance. These plans and details are subject to City review and approval. Requirements relate to area, height, number, type, illumination, landscaping, and location. 8. The submitted landscape plan is subject to City Arborist review and approval. 9. The lighting must be revised and a photometric plan must be submitted that complies with Section 401.15.B.7.d. Light standards may not exceed 25 feet from the parking lot surface to the top of the light fixture. All lights, including security lights, must be a hooded or full cut -off design. 10. The color and materials of the proposed trash enclosures shall match the principal. building. Revised details must be submitted for City review and approval. 11. 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. 12. Paving, curbing, and other site improvements proposed within the drainage and utility easement may be allowed at the developer's risk. 1.3. Sound levels from ordering and announcement equipment shall be in compliance with Section 401.15.B.11 of the City Zoning Ordinance. 14. A development contract shah be negotiated between the applicant and the City Attorney. Approved b y City City the Ci Council of the Ci of Oak Park Heights this 25 day of November Eric A. Johnson, City Administrator David Beaudet, Mayor 4 and A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESaABL7SffiNG FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL TEAT THE REQUEST BY TACO JouN ESCAPE AND KFC /A & W FOR REZONING, PRELIMINARY/FINAL PLAT, CONDITIONAL USE PERMETS, PUD AND APPROVALS, SITE AND BUILDING PLAN APPROVAL LOCATED EAST OF MINNESOTA HIGHWAY 5 ON NEAL AVENIIE SHOULD BE APPROVED WITH CONIMTIONS WIIEREAS, the City of Oak Park Heights has received a request from Taco John's/Steak Escape and KFC /A & W for the following L Rezoning from Open Space Conservation ( to General Business (B.2) with a PUD Overlay District. 2. Preliminary/final }plat of `Oak Park Marketplace" for the 1.98 --acre property for a two -lot . commercia subdivision. 3. Conditional Use Permit (CUP) for two fast food restaurant buildings with drive - through windows 4. CUP to allow a reduced parking requirement. 5. CUP to allow curb cuts greater than 24 feet in width. 6. General concept and general plan of development Planned Unit Development (PUD) approvals. 7. Site and Building Plan approval for property located east of Minnesota Highway 5 on Neal Avenue 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 3 a The subject site is proposed to be zoned B °2, General Business District with a PUD UD Overlay District. The Comprehensive Plan designates this area for commercial use and 4. A relim.in �P plat of Oak Park Marketplace for a two lot commercial p subdivision has been submitted for review; and 5. City prepared. staff re ared a planning report dated November 7, 2003 reviewing the request; and 6. Said report recommended approval of the requests subject to various conditions; and 7. The Planning Commission held a public hearing at their November 13, 2003 meeting, eetin took comments from the applicants and public, and continued the public hearing and discussion to a special meeting on November 18, 2003; and 8. The Planning Commission continued the public hearing and discussion at their November 18, 2003 meeting, 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 TIEFE PLANNDIG COMWSSION RECOMMENDS TEE FOLLOWING: PP A. The application submitted by Taco John's /Steak Escape and KFC /A & W for the following: 1. Rezoning from Open Space Conservation ( to General Business (B2) with a PUD Overlay District. Z Preliminary/final plat of "Oak Park Marketplace" for the 1.98-acre property for a two -lot commercial subdivision. 39 Co nditional Use Permit (CUP) for two fast food restaurant buildings wit. drive through windows 4. CUP to allow a reduced parking requirement. 5. CUP to allow curb cuts greater than 24 feet in width. 6. General concept and general plan of development Planned Unit Development (PUD) approvals. 7. Site and Building Plan approval for p rop e rty located east of Minnesota Highway 5 on Neal. Avenue and affecting the real property as follows: SEE ATTACHMENT A 2 � Be and the same as hereby recommended to the City Council of the City of Oak Park (Heights for approval subject to the following conditions: 1. developer p The develo er must put in place parking and access easements between the two lots. p 2. The developer shall contact DoT regarding expansion of the parking lot into the easement area. 3. The delivery of goods shall not take place during peak business hours, subject to City staff review and approval. 4 On the north lot, access to the site and the entrance to the drive through are in the same 1 • area. The City will re- evaluate this arrangement after six months from the date of City Council approval. If there is a circulation conflict, the developer must amend the situation to a condition satisfactory to the City Engineer. 5 All access and site visibility recommendations of the City Engineer should be incorporated onto the final site plane 6. The Planning Commission recommends the following design/building material revisions to the buildings subject to City staff review and approval. The applicant shall provide revised building elevations prior to City Council review of the project. a. KFC / A & W: The checkerboard facade of the A W portion of the building shall be consistent with the elevation plans and building materials samples recommended by the Planning Commission. p (2) The parapet window awnings, and tower roof materials shall be a muted red color as consistent with the building materials samples recommended by the Planning Commission. (3) The building shall not include any blue banding or neon accents. (4) The base material shall be brick, consistent with the building material sample recommended by the Planning Commission. The brick shall extend from the ground level to the top of the window and door frames. ( 5) The A & W and KFC signs shall not be internally lit. The signs may be lit from a wall mounted, City approved light fixture. (6) The revised plans, as recommended by the Planning Commission, at their November 18, 2003 meeting shall be presented to the City Council for review and approval. 3 b. Taco John's 1 Steak Escape: 7. Revised sign plans and details must be submitted that are in conformance with Section 401.15.G of the Zoning Ordinance. These plans and details are subject to City review and approval. Requirements relate to area, height, number, type, illumination, landscaping, and location. 8. The submitted landscape plan is subject to City Arborist review and approval. 9. The lighting must be revised and a photometric plan must be submitted that complies with Section 401.15.B.7.d. Light standards may not exceed 25 feet from the parking lot surface to the top of the light fixture. All lights, including security lights, m ust be a hooded or full cut -off design. 10. The color and materials of the proposed trash enclosures shall match the principal building. Revised details must be submitted for City review and approval 11. 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. 12, Paving, curbing, and other site improvements proposed within the drainage and utility easement may be allowed at the developer's risk. 13. Sound levels from ordering and announcement equipment shall be compliance with Section 401.15.B.11 of the City Zo:)ing Ordinance. 14. A development contract shall be negotiated between the applicant and the City Attorney. Recommended by the Planning Commission of the City of Oak Park Heights this 1 8 day of November 2003, ATTEST: (1) The revised plans, as recommended by the Planning Commission at their November 18, 2003 meeting, shall be presented to the City Council for review and approval. Eric A. Johnson, City Administrator John Dwyer, Chair 4