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Home My WebLink About10-07-25 I i I RESOLUTION NO. -1-1- 0 7 - 2 5 • 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 WHITE CASTLE FOR PLANNED UNIT DEVELOPMENT GENERAL PLAN APPROVAL, CONDITIONAL USE PERMIT, SITE PLAN, AND DESIGN GUIDELINES REVIEW FOR A RESTAURANT AT 5950 NORWICH AVENUE NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from White Castle for Planned Unit Development General Plan Approval, Conditional Use Permit, Site Plan, and Design Guidelines review for a restaurant at 5950 Norwich Avenue North; 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 of the City of Oak Park Heights 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. Concept plan approval for the subject site and the CSM development has been granted by the City Council; and 4. The property is zoned B -4, Limited Business District. The subject property requires Planned Unit Development general plan of development approval, a conditional use permit for the drive - through window, site plan and Design Guidelines review; and 5. City staff prepared a planning report dated July 8, 2010 reviewing the request; and S 6. Said report recommended approval of the Planned Unit Development General Plan Approval, Conditional Use Permit, Site Plan, and Design Guidelines review subject to the fulfillment of conditions; and 7. The Planning Commission held a public hearing at their July 15, 2010 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by White Castle for Planned Unit Development General Plan Approval, Conditional Use Permit, Site Plan, and Design Guidelines review for a restaurant at 5950 Norwich Avenue North and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights with the following conditions: 1. The grading, drainage and utility plans shall be subject to the review and approval of the City Engineer and Brown's Creek Watershed District. 2. All lighting fixtures shall be full cut off and installed in compliance with the lighting standards of the Zoning Ordinance. The light fixture in the northeast corner of the building shall be brought into compliance. 3. The outdoor lighting shall be turned off one hour after closing, except for approved security lighting. 4. The landscape plans are subject to review and approval of the City Arborist. 5. All signage, including directional signs, shall be subject to final review and approval of City Staff. 6. 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 fagade materials. 7. The City requests that White Castle install a conduit in the 60' Street Right of Way to facilitate the possible burial of Xcel distribution powerlines located adjacent to the site. Installation of the conduit and lines shall be subject to the approval of the City Engineer. 2 8. The Planning Commission recommended and the City Council approves the sustainability initiatives proposed by the applicant. 9. The City Council approves the final building plans for front fagade transparency so that the building is compatible with the Design Guidelines. 10. At such time as the White Castle franchise ceases to operate its business in this location, the tower parapet elements shall be removed and the building appearance restored to a reasonable condition as determined by the City Building Official. If said restoration is not completed by the property owner within 120 days of the store closing, the City reserves the right to shutoff municipal utility service to the building until the work is complete. 11. The Planning Commission recommends and the City Council approves the following building materials and colors: a. The white brick and tan rock face block proposed by the applicant. b. Tan rock face block shall be used on all four sides of the corner tower. C. The applicant may determine if it will use the tan rock face block as an architectural feature at the first drive -up window. d. Solid blue awnings with no stripes. e. Use of bronze colored wall and freestanding light fixtures. f. The applicant may determine the color of the bollards. 12. The Planning Commission recommended and the City Council approves that one parking space be removed at the northwest corner of the building to allow for additional landscaping, a bench and bike rack. The 1VI development was approved with adequate parking to acco ate the loss of one parking stall at the subject site. Approved by the City Council of the C', y r rk fight this 27 day of July, 2010. wid au et, Mayor 4AE S E 'c . Jo son, City Administrator 3 ATTACHMENT A Planned Unit Development (PUD): General Plan Approval, Conditional Use Permit, Site Plan & Design Guidelines Review For White Castle Restaurant 5950 Norwich Ave. N. Washington County GEO Code: 05.029.20.12.0047 Legal Description: Lot 5, Block 1, Oak Park Commons • • ATTACHMENT B Planned Unit Development (PUD): General Plan Approval, Conditional Use Permit Site Plan & Design Guidelines Review For White Castle Restaurant 5950 Norwich Ave. N. Application Materials • Application & 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) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s) /Legal Description(s) Planning Commission Public Hearing & Recommendation: July 15, 2010 PUD: General - Limitation on Final Plan Approval: Within one year after the approval of a Final Plan for 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 City Council, be extended for not more than one year by ordinance or resolution duly adopted. (401.06.E.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)