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Home My WebLink About2012-09-25 CC Resolution 12-09-36 RESOLUTION NO. 12 -09 -36 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 McDONALD'S USA, LLC FOR REMOVAL AND REPLACEMENT OF THE McDONALD'S RESTAURANT AT 14545 60 STREET NORTH REQUIRING CONDITIONAL USE PERMITS FOR A FAST FOOD RESTAURANT WITH DRIVE - THROUGH, CURB BUT WIDTH, AND REDUCED PARKING REQUEST; VARIANCES FOR REDUCED PARKING AREA SETBACK AND NUMBER OF ALLOWED SIGNS; AND DESIGN STANDARDS /SITE PLAN REVIEW BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from McDonald's USA, LLC for removal and replacement of the McDonald's Restaurant at 14545 60 Street North requiring conditional use permits for a fast food restaurant with drive - through, curb cut width, and reduced parking request; variances for reduced parking area setback and number of allowed signs; and Design Standards /Site Plan review; 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 makes the following findings of fact and resolution: 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 in which fast food restaurants with drive - throughs are a conditional use; and 4. Other conditional use permits are requested to allow for curb cuts at 27 feet while the Zoning Ordinance requires a 24 foot maximum, and to construct 59 parking spaces while the Zoning Ordinance would require 75 for this site. 5. Variances are required for a reduced parking area setback of 4.5 feet while the Zoning Ordinance would require 10 feet and for six wall signs while the Zoning Ordinance allows for two. 6. City staff prepared a planning report dated September 6, 2012 reviewing the request; and 7. Said report recommended approval of the three conditional use permits, variances for parking area setback and wall signs, and Design Standards /Site Plan review subject to the fulfillment of conditions; and 8. The Planning Commission held a public hearing at their September 13, 2012 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the request be approved with 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 McDonald's USA, LLC for removal and replacement of the McDonald's Restaurant at 14545 60 Street North requiring conditional use permits for a fast food restaurant with drive- through, curb cut width, and reduced parking request; variances for reduced parking area setback and number of allowed signs; and Design Standards /Site Plan review affecting the real property as follows: SEE ATTACHMENT A The City Council of the City of Oak Park Heights approval of the variances for the parking area setback and additional wall signs is subject to the following findings of fact: 1. The variance criteria in Section 401.04 of the Zoning Ordinance have been reviewed and it has been determined by the Planning Commission and City Council that the variance criteria for the parking area setback and additional wall signs are justified. 2. The applicant is increasing the setback distances for the parking lot with the proposed plan and is reducing the existing nonconformity. 3. The unique circumstances are the result of the existing narrow lot. The resulting setback areas will provide adequate space for landscaping. 4. Due to the location of this business in that the building will have limited visibility from Highway 36, allowing only two wall signs would cause an undue hardship for the business and the ability of the customers to locate the building. 5. The four additional wall signs ensure visibility and identification of the restaurant from both east and west bound traffic on Highway 36. 2 The approvals are subject to the following conditions: 1. The City Council approves the 16 parking stall reduction from parking requirements for the restaurant. 2. The applicant shall provide a revised photometric and lighting plan that complies with the provisions of Section 401.15.B.7.d of the Zoning Ordinance. All light fixtures, including those within the building and visible through the windows, should be full cut off and compliant with the Zoning Ordinance. 3. All mechanical equipment on the roof or on the site shall be fully screened in accordance with the provisions of the Zoning Ordinance. 4. All noise generated from the store shall be compliant with Section 401.15.B.11 of the Zoning Ordinance. 5. All grading, drainage, erosion control, and utility plans are subject to review and approval of the City Engineer. Storm water plans are also subject to review and approval of the Middle St. Croix Watershed District. 6. The applicant shall bury the overhead distribution lines along 60 Street North. The timing of that improvement shall be coordinated with the burying of distribution lines in the area between Oakgreen and Osgood Avenues, along 60 Street North. The applicant shall escrow sufficient funds, as specified by the City Engineer, to complete the improvement or agree that the City will complete the work and petition for the public improvement, waiving notice of public hearing and assessments, as required under Minnesota Statute 429. 7. The City Council approves the plan with the use of the up lighting of the building's architectural features. 8. The City Council is favorable with the building design and building materials. 9. The applicant shall be allowed to repair the existing freestanding McDonald's sign and it shall be allowed to remain on site. 10. The City Council approves a variance for a total of six wall signs as proposed. 11. The ordinance allows two directional signs as long as they do not exceed 12 square feet. The applicant shall be allowed two directional signs at the 60 Street North entrance. 12. Outdoor lighting for the parking areas shall be turned off one hour after closing, except for approved security lighting. 13. All signs shall be designed to comply with the Zoning Ordinance requirements for internal illumination. 3 14. The landscape plan shall be subject to the review and approval of the City Arborist. The three Japanese Tree Lilacs that are proposed to be removed at the east side of the site adjacent to 60 Street North shall remain as part of the landscape plan. 15. Plantings at the entrance facing 60 Street North, either landscaping or seasonal planters, shall be required. 16. A bike rack should be identified on the site plan and placed on site. Approved by the Planning Commission o City . • . 6 . k Heights this ' day of September, 2012. i / David C eaude , ayor ATT - `.c • . •hnson, City Administrator • 4 Attachment A Washington County GEO Code: 04.029.20.12.0009 Legal Description: Lot 1, Block 1, Raduenz Addition Physical Address: 14545 60 St. N. ATTACHMENT B • Conditional Use Permit (CUP), Variances McDonalds USA LLC 14545 60 St. N. Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets /20 11X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (500' from subject property) Conference With City Staff Upon Application Submittal: August 22, 2012 Planning Commission Public Hearing & Recommendation: September 13, 2012 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) Variance — Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the variance 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 this variance. The property owner shall have the right to submit an application to extend the approval of a variance to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.4.0 .1 — 401.4.C.2)