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Home My WebLink About2004-04-15 WC Recorded Document #3435168 - PUDReturn to: ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P. L. L. P. Attn: Mark J. Vierling 1835 Northwestern Avenue Stillwater, Minnesota 55082 (651) 439-2878 t d i Office of the County Recorder Washington County, MN Certified filed and/or recorded on: 2004104/15 11:10:00 AM NOTICE OF CERTIFICATION 3435168 i 3435168 1 C ndy Koosmenn County Warder ih STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) ss. CITY OF OAK PARK HEIGHTS ) Park Heights, Minnesota DO HEREBY CERTIFY that I have compared the attached document: 2004. NOTICE OF CERTIFICATION I, the undersigned, being duly qualified and acting as City Administrator for the City of Oak Planned Unit Development For KFC /Taco John's Steak Escape and A & W STD Properties, LLC with the original thereof on file at the offices of the City of Oak Park Heights, and that the same is a full, true and complete copy of said document within the files of the City of Oak Park Heights. WITNESS my hand and the seal of the City of Oak Park Heights, this 26th day of March, Eric Johnson City Admiuis 4, i. J Planners File No.: Legal Description: (Washington County Geo. Codes Owner: (Lot 1, Block 1, Oak Park Marketplace) Address: 7650 Washburn Way #250 Klamath Falls, _Oregon 97601- 4357 Damen Present Zoning District: CITY OF OAK PARK HEIGHTS PLANNED UNIT DEVELOPMENT PERMIT FOR KFC/ TACO JOHN'S STEAK ESCAPE AND A &W Lots 1 and 2, Block 1, Oak Park Marketplace . •` R. k ilia 11 " i . r 1 611101 ■ / 1 lam ► 11 0 1 " $ . 11 i IM► Oil . # (Lot 2, Block 1, Oak Park Marketplace) 471S MacDonald Drive Place Stillwater, Minnesota 55_082 • Permitted uses set forth in Ordinance 401 Section 401.30.11 1. PL UNIT AND CONDITIONAL USE PERMITS FOR: Date Issued: January 15, 2004 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 General Description: Construction of a restaurant development west of Neal Ave., North o f 5 8th S treet and E ast o f T runk Highway 5. Site to be occupied by KFC, Taco John's, Steak Escape and A&W within two buildings to be located on the site. Cross easements shall serve access, traffic circulation, drainage and public utility needs of all users to be located on the site. II. ADDITIONAL RESTRICTIONS AND PROVISIONS. The following additional restrictions and provisions being part of the Planner Unit, Conditional Use and related Development Permit to be issued herein affecting the following matters shall be: 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 parking. of arking. If one or both restaurants are converted to eating establishments with table service, or if the site layout changes, a PTJD 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 expressly retains a right of review to the City and allows 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. I FC /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. (2) The p arapet, w indow awnings, and t ower r oof m aterials 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. ( 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. (s) (6) The A c W and KFC signs shall not be internally lit unless fully conformant with the City's s ign ordinance. The signs may be lit from a wall mounted, City approved light fixture. ( (I) 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.E 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 executed between the applicant and the City. N. Reference: The terms and conditions of the Development Agreement of January 15, 2004 as recorded of record in the office of the Washington County Recorder as Document # 3 3 ity are hereby incorporated by reference herein and made a part hereof. Date: allowed at the developer's risk and subject to review and approval of the City Engineer. IN WZT:MESS WHEREOF, the parties have set forth their hands and sea 2� Date: ! By 1rt` Beaudet Mayor STET PROPERTIES LLC En Johnso C' , Administrator „,c/ its 71 F HEIGHTS