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HomeMy WebLinkAbout5.b. Fireside Outdoor Dining CUP PC ExSum 04-02-15 FINALEXECUTIVE SUMMARY Planning Commission Date: April 2, 2015 Tentative City Council Meeting Date: April 21, 2015 AGENDA ITEM: Case 15-09 CUP- Fireside Restaurant AGENDA SECTION: Conditional Use Permit to Allow an Outdoor Seating or Dining Area for Public Hearing Eleven or More Seats AGENDA NO. PREPARED BY: Jason Lindahl, Planner, AICP 5.b. ATTACHMENTS: APPROVED BY: Site Map, Narrative, City Enginees Memo Dated 3- K.L. 24--24- 15 RECOMMENDED ACTION: Motion to recommend the City Council approve a conditional use permit for the Fireside Restaurant allowing operation of an outdoor seating or dining area for eleven or more seats, subject to the following conditions: 1. Approval of a alcohol to be served on the outdoor dining areas. 2. Approval of a building permit. 3. Conformance with the approved site plan. 4. Revise the proposed site plan to include detailed off-street parking information including the number of handicapped accessible stalls and total number of stalls. 5. Provide additional detail regarding the proposed plantings, including size and species. 6. Revise the site plan to relocate the emergency exits for each outdoor dining area to 7. No public address system, music, or TV located on the patio shall be audible from a noncommercial or nonindustrial use or district. 8. Conformance with all the requirements of the March 24, 2015. 9. 2015. SUMMARY Applicant & Property Owner(s): Kim Zeigler & Ron Carlson th Location: 3410 150 Street West (Rosemount Market Square Shopping Center) Area in Acres: Approximately 7.1 Acres Comp. Guide Plan Desig: C - Commercial Current Zoning: C-4, General Commercial The applicant, Kim Zeigler of the Fireside Restaurant, requests a conditional use permit to allow operation of an outdoor seating or dining area for eleven (11) or more seats. The subject property is th located in the Rosemount Market Square shopping center at 3410 150 Street West. Staff recommends approval of the request subject to conditions. PROPOSAL The applicant proposes to add two outdoor dining areas on the front (north) side of the restaurant adjacent to the existing driveway and parking area. The first dining area would be connected to the bar and accommodate approximately 28 patrons while the second would serve the restaurant area and accommodate approximately 44 patrons. According to the applicant, each of the outdoor dining areas will serve alcohol and they are working with the City Clerk to amend their liquor license. Staff recommends a condition of approval require the applicant obtain an approved amendment to their liquor license for the outdoor dining area. The applicants plan calls for increasing the depth of the existing concrete area along the front side of the restaurant to accommodate the two outdoor dining areas. A row of 90 parking stalls in front of the retail shops will also be created along the balance of the west side of the shopping center. These changes will necessitate shifting the existing driveway along the front of the shopping center and eliminate approximately 28 existing parking stalls. The materials used for the outdoor dining areas will reflect the current elements of the shopping center and include additional landscaping, steel fence with masonry piers, brushed concrete floor and masonry fireplace features. The applicant believes these changes will provide an enhanced dining experience, improve parking and provide a safer environment for all mall patrons. Conditional Use Permit Legal Authority. Conditional use permits (CUP) are considered quasi-judicial actions. In such cases, the City is acting as a judge to determine if the regulations within the Comprehensive Plan, Zoning Ordinance and Subdivision Ordinance are being followed. Generally, if the application meets these requirements it must be approved. Purpose. The purpose of conditional use permits is to allow for those uses which are not generally suitable by right within a given zoning district but may be suitable under some circumstances. The burden of demonstrating the proposed use meets the criteria for granting a conditional use permit and meeting all applicable standards lies with the applicant. As a conditional use, outdoor seating or dining areas for eleven (11) or more seats are subject to the general CUP standards outlined in Section 11-10-7 as well as the standards specific to this use in Section 11-4-nd zoning performance standards and the potential impact of the proposed use on the surrounding neighborhood. These standards and staff findings for each are provided below. 2 1.Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the city. Finding: The outdoor seating or dining area will not be detrimental to the public health, safety, or general welfare of the neighborhood or the City of Rosemount. 2.Will be harmonious with the objectives of the comprehensive plan and city code provisions. Finding: The subject property is guided CC Community Commercial by the comprehensive plan and zoned C-4 General Commercial. Outdoor seating or dining areas for eleven or more people are a conditional use in this zoning district. According to the comprehensive plan, the Community Commercial land use designation is intended to provide retail, professional offices, and personal services that serve the daily and weekly needs of the residents of Rosemount. Close proximity to arterial streets is needed for visibility while individual business accesses shall be provided predominantly from collector, local, or private streets. By comparison the purpose and intent of the C-4 Community Commercial district is to provide a wide range of goods and services to the entire community. Due to their proximity to major arterial streets, businesses in this district are dependent on large volumes of traffic, thus need to be highly visible and accessible. 3.Will be designed, constructed, operated, and maintained so as to be compatible or similar in an architectural and landscape appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. Finding: According to the applicant, the materials used for the design of the outdoor dining areas will reflect the current elements of the shopping center using brushed masonry patio floor and masonry piers to support metal railings. This design also conforms to the site and building standards of the C-4 district. 4.Will be served adequately by existing (or those proposed in the project) essential public facilities and services, including streets, police and fire protection, drainage, structures, refuse disposal, water and sewer systems and schools. Finding: The existing shopping center complex is served adequately by existing essential public facilities and services. However, it should be noted that any grading changes necessary for the proposed plan must maintain existing drainage patterns (see attached 5.Will not involve uses, activities, processes, material equipment and conditions of operation that will be hazardous or detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. Finding: While the outdoor dining area will likely create additional noise, this area is located 3 t residential area which is more than twice the required minimum separation distance (see item 6 in next section). 6.Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. Finding: Construction of the outdoor dining areas will require relocation of an existing driveway. Staff believes changes to the design and location of parking should improve overall traffic access and circulation on the shopping center property. The subject property has direct ingress from County Road 42 as well as ingress and egress from both Chippendale 7.Will not result in the destruction, loss or damage of a natural, scenic, or historic feature of major importance and will comply with all local, state, and federal environmental quality standards. Finding: The proposed use will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance and will comply with all local, state, and federal environmental quality standards. 8.These standards apply in addition to specific conditions as may be applied throughout this code. Finding: Outdoor dining areas for eleven or more seats are also subject to the specific conditional use permit standards in Section 11-4-11.D as outlined below. In addition to the general conditional use permit standards reviewed above, the proposed use must comply with the specific performance standards for outdoor seating or dining areas for eleven (11) or more seats. These standards along with staff findings are detailed below. 1.The site and enclosure(s) shall be designed to limit the effects of outdoor seating or dining areas on contiguous properties and/or public rights of way. Findings: According to the applicant, the materials used for the design of the outdoor dining areas will reflect the current elements of the Rosemount Market Square shopping th center. The areas will be located appr Street West (County Road 42) right-of- does not include a detailed planting schedule. Staff recommends that a condition of approval require the applicant to revise the plan to include a detailed planting schedule consistent with the zoning requirement to provide a minimum of one planting every ten (10) linear feet. This distance and design will limit the effects of the areas on contiguous properties and the public right-of-way. 2.The seating area shall be located on private property along the front, side or rear of the principal building but shall not be located within a required setback or on the side abutting any residential use or district. 4 Findings: The proposed outdoor seating area will be located along the front (north) side of the Rosemount Market Square shopping center and beyond the required 3.The seating area shall not interfere with circulation in any required parking, loading, maneuvering or pedestrian area. A minimum four foot (4') passageway shall be maintained along the private sidewalk for pedestrians. Findings: The proposed outdoor seating area will not interfere with circulation in any required parking, loading, maneuvering or pedestrian area. Construction of the outdoor dining areas will require relocation of an existing driveway and changes to the design and location of parking that should improve overall traffic access and circulation on the shopping center property. The proposed design includes that connects to the existing shopping center sidewalk accommodate the outdoor dining areas will eliminate approximately twenty-eight existing parking stalls, the proposed design adds twenty-three new 90 parking stalls directly in front of the retail shops to the west. Staff recommends a condition of approval require the applicant to revise the site plan to include detailed off-street parking information including the number of handicapped accessible stalls and total number of stalls. 4.The seating area shall be located in a controlled or cordoned area acceptable to the city with at least one opening to an acceptable pedestrian walk. Findings: Both outdoor dining areas will directly abut the front of the Fireside restaurant building with the remaining three sides of each area enclosed by a steel fence with decorative all access to the outdoor dining areas will be from inside the restaurant to allow control of the patrons. The plans currently show the emergency exits from both outdoor dining areas flowing toward the main pedestrian aisle to the restaurant entrance. Staff is uncomfortable that the two exits are along the main walkway; it may encourage direct public access. Further, the Fire Marshall does not want all exiting into the one main aisle should there be an emergency. For these reasons, it is recommended that the patio emergency accesses be relocated to the opposite sides of each outdoor dining area (see attached Fire Marshal memo). 5.When a liquor license is granted, an uninterrupted enclosure is required and the enclosure shall only have access through the principal building. Findings: According to the applicant, all access to the dining areas will be from inside the restaurant to allow control of the patrons. As noted above, both areas will directly abut the front of the Fireside restaurant building with the remaining three sides of each area enclosed façade. It should be noted that the applicant is in the process of working with the City to amend their liquor license to allow alcohol to be served in the outdoor dining areas. Both this conditional use permit and the amended liquor license are scheduled to go before the City Council during the same meeting. 5 6.The seating area shall not be permitted within two hundred feet (200') of any residential use or district as measured at the property line and shall be separated from residential use or district by the principal structure or other method of screening acceptable to the city. The minimum distance from a residential use or district may be reduced should the city determine the applicant has added sufficient elements to reduce the impact of this use. Findings: th Street West (County Road 42) and more than Staff finds the distance and screening from th landscaping and fencing along 150 Street West provides sufficient elements to reduce the impact of the proposed use. 7.No public address system shall be audible from a noncommercial or nonindustrial use or district. Finding: According to the applicant, the outdoor dining areas will have speakers to play the same music heard inside the restaurant but no live music will be played in these areas. A condition of this approval will note that no public address system shall be audible from any residential use or district. CONCLUSION Staff recommends approval of conditional use permit to allow operation of an outdoor seating or th dining area for eleven (11) or more seats at the Fire Side restaurant located at 3410 150 Street West subject to the conditions of approval outlined in the recommended action section of this report. This recommendation is based on the plans submitted by the applicant and the findings made in this report. 6 SITE PLAN (763) 479-3905 ROSEMOUNT, MINNESOTA CHECKED BY: 3410 150TH STREET WEST PATIO P O Box 635 ASSOCIATES LLC SCALE: AS NOTED ROSEMOUNT MARKET SQUARE FIRESIDE DATE: DATEDESCRIPTION# REVISIONS: (5) STALLSTOTAL OVERVIEW 50100150 PARKING STALLS LOST0 (28) STALLS 23 STALLSNEW PARKING STALLS CREATED PARKING SUMARY SITE PLAN 334.75' 184' 0" 310.0' (4 stalls) 25' 0" (6 stalls) (3 stalls) STOP SIGN FIRE HYDRANT (RELOCATED) 30' 0"23' 2" STOP SIGN (3 stalls) (6 stalls) (3 stalls) (3 stalls) 6' 0"28' 0"24' 0" PLAN 3905(763) 479-ROSEMOUNT, MINNESOTA CHECKED BY: 3410 150TH STREET WEST PATIO STUDY P O Box 635 ASSOCIATES LLC AS NOTED SCALE: ROSEMOUNT MARKET SQUARE MARCH 13, 2015 DATE:FIRESIDE DATEDESCRIPTION# REVISIONS: (4 stalls) 5' 0"3' 6" (6 stalls) (3 stalls) STOP SIGN FIRE HYDRANT (RELOCATED) 20' 0" 22' 0" STOP SIGN ELEVATION 3905(763) 479-ROSEMOUNT, MINNESOTA CHECKED BY: 3410 150TH STREET WEST PATIO STUDY P O Box 635 ASSOCIATES LLC AS NOTED SCALE: ROSEMOUNT MARKET SQUARE 2015MARCH 13, DATE: FIRESIDE DATEDESCRIPTION# REVISIONS: Fireside Restaurant Patio We are planning a new patio for the Fireside Restaurant in the Rosemount Market Square. The patio will sit in front of the restaurant by the parking lot, which will be modified to accommodate the new patio. The modification planned for the parking area on the West side of the center will allow for 90° parking in front of the existing retail spaces. These changes to the parking lot will not only help reduce the speed of the automobiles but it will also be much safer for mall patrons. The materials used for the design of the patio will reflect the current elements of the center using masonry piers to support metal railings. All access to the patio will be from inside the restaurant to allow control of the patrons and as required by the local codes and ordinances. The patio will provide an enjoyable experience for the restaurant by providing outdoor seating and fireplaces to enhance the mood. MEMORANDUM DATE: March 24, 2015 TO: Jason Lindhal, Planner CC: Kim Lindquist, Community Development Director Eric Zweber, Senior Planner Andrew Brotzler, Director of Public Works/City Engineer Dan Schultz, Parks and Recreation Director Christine Watson, Public Works Coordinator Amy Roudebush, Planning and Personnel Secretary FROM: Phil Olson, Assistant City Engineer RE: Rosemount Market Square Plan Review Patio Study, Fireside S: UBMITTAL Prepared by KRJ Associates LLC, the Patio Study plan is dated February 3, 2015 and updated February 23, 2015. Engineering review comments were generated from the one page site plan. GC: ENERAL OMMENTS 1.The fire hydrant located in the southwest corner of the T-intersection is proposed to be relocated south to the new median. Prior to relocation, a plan showing the pipe materials and proposed improvements is required to be submitted and approved by the city. The city must also be contacted a minimum of 48 hours in advance of construction for inspection. 2.Drainage patterns are required to be maintained. Generally, drainage from near the building flows north to the middle of the parking lot. 3.Roadway patches are required when the existing medians are removed. The patches should be constructed to the same pavement section as the existing parking lot. 4.The plan does not show how the medians will be constructed. Additional information should be provided on the plan regarding curb type and landscaping or concrete surfacing. 5.According to the submitted plan, the proposed roadway improvements will shift the road and create 22 new parking stalls along the front of the building. The plan also states that 28 parking stalls will be removed for a total loss of 6 stalls. Several of the spots removed are ADA parking stalls. The ADA stalls must be replaced when the parking lot is restriped. 6.Traffic control signage is not shown on the plan set. The plan should be updated to show the location of the existing and proposed signage. 7.Traffic control will be required during construction in accordance with the MUTCD standards. It is responsibility of the owner/contractor to ensure that the traffic control plan is implemented. 8.Record drawings (paper and electronic formats) of the site that meet the standards set forth in the Engineering Guidelines shall be submitted to the City prior to issuance of a Certificate of Occupancy. 9.The owner/contractor is required to ensure that erosion and sediment control is in ment Practices. Compliance with the requirements of the NPDES permit is the responsibility of the owner/contractor. Should you have any questions or comments regarding the items listed above, please contact me at 651-322-2015. MEMORANDUM To: Jason Lindahl, Planner From: Kevin Benshoof, Fire Marshal Date: March 24 th, 2015 Subject: Fireside Patio Upon review of the Fireside Patio Submittal dated March 13 2015. The Fire Marshal th offers the following comments: Provide a code plan review of complete tenant building floor plan with all existing exiting plans based on the 175 occupant load for the building. Code review documents shall include occupant load for existing and future patio seating arrangements, meeting the requirements of the 2007 MN State Fire Code. Further plan review comments may be required upon receipt and review of the full construction drawings. Are the outdoor fireplaces gas appliances or wood burning? The large patio on west side is part of the existing building means of egress and will need to comply with the exiting provisions. I recommend moving both interior patio exit gates from main entry to opposite sides. Exterior patio areas that may be used for outdoor dining are subject to SAC determination as noted in the Metropolitan Council SAC Procedure Manual. SAC determination shall be made at the time of permit application for the occupying tenant or when a CUP application for outdoor dining is processed. Handicap parking stalls and ramp will need to conform to (MN Rule 1431) with size, access, signage and ramp location. Thank you, Kevin Benshoof Fire Marshal City of Rosemount