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Home My WebLink About2003-11-25 CC Resolution #03-11-56WHEREAS, the City of Oak Park Heights has received a request from Taco John's/Steak Escape and KFC/A & W for the following: 1. Rezoning from Open Space Conservation (0) 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 commercial 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 recommended the application be approved with conditions. The City Council makes the following findings of fact and resolution: 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: follows, to wit: and RESOLUTION NO. 03-11-56 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 TACO JOHN'S/STEAK ESCAPE AND KFC/A & W FOR REZONING, PRELIMINARY/FINAL PLAT, CONDITIONAL USE PERMITS, PUD APPROVALS, AND SITE AND BUILDING PLAN APPROVAL LOCATED EAST OF MINNESOTA HIGHWAY 5 ON NEAL AVENUE BE APPROVED WITH CONDITIONS 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 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 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 THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by Taco John's/Steak Escape and KFC/A & W for the following: 1. Rezoning from Open Space Conservation (0) 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 commercial 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 affecting the real property as follows: (s) ( The A & W and KFC signs shall not be internally lit. The signs may be lit from a wall mounted, City approved light future. ( The KFC tower element shall incorporate a sand pebble color EFIS extending from the ground level to the roof. The revised plans, as presented to the Planning Commission, at their November 18, 2003 meeting shall be subject to review and approval of the City Planner. b. Taco John's 1 Steak Escape: ( The revised plans, as presented to the Planning Commission at their November 18, 2003 meeting, shall be subject to review and approval of the City Planner. 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, 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 and subject to review and approval of the City Engineer. 13. 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 shall be negotiated between the applicant and the City Attorney. 4 SEE ATTACHMENT 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 parking and access easements between the two lots. 2. The developer shall contact MnDOT regarding expansion of the parking lot into the easement area as proof of parking. If one or both restaurants are converted to eating establishments with table service, or if the site layout changes, a PUD amendment will be required. 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 drive through area may be problematic from a traffic management concern as expressed by the City Engineer. The PUD and CUP permit issued in this matter shall expressly retain a right of review to the City and allow the City to require the developer to make modifications to the site access and traffic circulation patterns should traffic use of or to the site create a public safety concern or problem in the opinion of the Chief of Police. 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. KFC/A&W: (1) 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 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 accepts, (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. 3 2003. Approved by the City Council of the City of Oak Park Heights this 25 day of November �� y y ATTEST: E r c :. Johnson, Administrator David Beaudet, Mayor 5 ATTACHMENT A Washington County GEO Code: 06 -029 -20-11 -0018 Legal Description: Lot 2, Block 1, Brackey West 2nd Addition Required Approvals: City Council Conditional Use Permit - Lapse of Approval: ATTACHMENT B Rezoning, Preliminary/Final Plat, Conditional Use Permits (CUP), Planned Unit Development (PUD) & Site and Building Plan Approval OAK PARK MARKETPLACE KFC/A&W - 5920 Neal Ave. N. Taco Johns/Steak Escape — 5910 Neat Ave. N. Application Materials O Application Form • Fees • Plan Sets (3 Large Scale Sets/20 11X17 Sets) O Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (500' from subject property) O Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal Description(s) Conference With City Staff Upon Application Submittal: October 29, 2003 CUP PUD 4/5 4/5 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) PUD: — Limitation on Final Plan Approval: Within one year after the approval of a Final Plan or 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 PUD 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 Council, be extended for not more than one year by ordinance or resolution duly adopted. (401.06.E.5)