HomeMy WebLinkAbout5.a.Arby's/Chipotle Major Amendment to the Rosemount Market Square PUD Agreement to Construct a Building for Chipotle and Arby’s Restaurants including Outdoor Seating and a Conditional Use Permit for a Drive-Through.EXECUTIVE SUMMARY
Planning Commission Meeting Date: July 28, 2015
Tentative City Council Meeting Date: August 18, 2015
AGENDA ITEM: Case 15-26-AMD & 15-27-CUP: Request
AGENDA SECTION:
by Mid America Real Estate for a Major
Amendment to the Rosemount Market Public Hearing
Square Planned Unit Development
Agreement to Construct a Building for
including
Outdoor Seating and a Conditional Use
Permit for a Drive-Through
PREPARED BY: AGENDA NO.
Eric Zweber, Senior Planner 5.a.
ATTACHMENTS: Location Map; Site Plan; Enlarged Site Plan;
APPROVED BY:
Color Elevations; Elevations; Monument
Sign Plan; Rosemount Market Square K.L.
Planned Unit Development Agreement;
Lions Club Interim Use Permit; Plant Place
Interim Use Permit.
RECOMMENDED ACTION: Motion
to recommend that the City Council approve the
Major Amendment to the Rosemount Market Square Planned Unit Development to Allow a
4,075 square feet Multiple Tenant Restaurant Building including Outdoor Seating, subject to
the following conditions:
1. Rosemount Properties, LLC shall submit for amendments to the Plant Place and the
Lions Club seasonal IUPs by December 31, 2015 to adjust the seasonal sales
tenant at Rosemount
Market Square. Failure to submit for the IUP amendments will result in the
revocation of the Plant Place and Lions Club IUPs.
2. Selection and placement of the rooftop mechanical equipment so that the parapet
wall shields the equipment from public view.
3. Provide a lighting plan that meets the City Code requirements for lighting
4. Lighting fixture cut sheets shall be provided to ensure that are a cut-off style of
lighting.
5. Non-essential lighting shall be turned off after business hours.
6. The east parking lot curb shall not be installed closer to the east property line than
the curb that exists today.
7. d that the
total sign area does not exceed 100 square feet and the sign height does not exceed
twelve (12) feet.
8. The non-glass and non-door building materials shall contain at least 35% brick and
shall contain at least 90% brick and block.
9. The north, east and south side of the trash enclosure shall be constructed of the
same masonry blo
10. The outdoor seating shall be located at least 55 feet from the 2015 CSAH 42 right-
of-way. The outdoor seating shall maintain a six (6) foot wide pedestrian access
along the west side of the building to allow access to t
entrances.
11. The outdoor seating shall maintain a six (6) foot wide pedestrian access along the
Motion
to recommend that the City Council approve the Conditional Use Permit for the
Drive-Through Facility for Arby subject to the following conditions:
1. Public address systems and ordering speakers shall not be audible at the property
lines.
2. The text on the menu board shall not be so large as to be visible from the public
right-of-way or as to serve as off-site advertising.
3. Size and design of menu boards shall conform to condition seven (7) of the drive-
through facility conditional use permit standards.
4. Install ground cover and landscaping equal to 26 foundation plantings along the
north and property lines to screen cars in the drive-through to a height of four feet.
SUMMARY
th
Rosemount Market Square (3400 to 3420 150 St W) is a multiple tenant commercial shopping center
which was originally approved in 1994 through a Planned Unit Development (PUD). The original 1994
plan included a future 15,000 square foot addition to the east of
is located today). Instead of adding on to the shopping center, Mid America Real Estate is proposing to
construct a new 4,075 square foot building in the parking lot in front (to the north of) the shopping center.
s-through
and an outdoor seating area will be located to the west of Chipotle. To approve this proposal, a major
amendment to the PUD is required for the building including outdoor seating area and a conditional use
permits (CUPs) for the drive-through.
BACKGROUND
e proposing to construct a single building that will house both restaurants in the
northeast corner of the Rosemount Market Square parking lot. The building will be 58 feet wide and 70
feet deep for a total square footage of 4,075 square feet. Chipotle will occupy the western 2,275 square
Each restaurant
will have 30 indoor seats, while plans show a 690 square foot patio for outdoor seating adjacent to
Chipotle and has a drive-through lane.
The existing parking lot is rectangular in shape with islands on the north and south side of the lot to define
the four aisles of parking. The existing parking lot has four openings on the south side of the lot to access
the common access drive to Canada Avenue to the east. There is a single opening to the west to allow
access from the entrance drive from CSAH 42 and the common access drive to Chippendale Avenue to
the west. The proposed building will not change the openings and access to the larger parking lot.
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Within the parking lot, a new set of islands will be installed to continue the common access to
Chippendale Avenue. The building would be constructed over the west two parking aisles located directly
north of the extended common access. Nothing will change in the western most parking lot aisle, but the
rest of the parking lot will be reconstructed. The drive lanes to the south, east and north of the building
will be reconstructed with a one way counter-clockwise drive pattern. Diagonal parking will be
constructed to the east and north of the building. The drive aisle to the west of the building will allow for
two-way traffic.
To the west side of the building, a patio for outdoor seating is located adjacent to the Chipotle entrance
and six (6) parking stalls will be installed directly south of the patio. A six foot pedestrian access will need
entrance on the north side of the building. The patio would likely be able to provide seating for 30 to 40.
Outdoor seating greater than ten (10) seats is normally a conditional use permit (CUP). One of the CUP
standards is that the seating is required to be at least 200 feet from the nearest residential property line.
The proposed outdoor seating is approximately 187 feet from the residential property to the north of
CSAH 42. To allow this reduction, staff is regulating the outdoor seating through the major PUD
amendment. An outdoor patio at Chipotle differs from many of the other outdoor patio requests several
of which are for restaurants serving liquor in the community. Currently, the Chipotle would close at 10pm
meaning that the patio area would not have late night customers. Staff supports a PUD condition to
reduce the 200 foot setback for outdoor setback due to the 130 feet wide CSAH 42 right-of-way and the
high traffic counts on CSAH 42. Staff recommends that the outdoor seating shall be at least 55 feet from
the CSAH 42 right-of-way.
A drive-through window will be installed on the east side of the building and a drive-through menu board
on the south of the building. The drive-through facility requires a CUP. With appropriate landscape
screening north of the drive-through lane (described in more detail in the landscaping section below), staff
supports the approval of a CUP for the drive-through facility.
The C-4 General Commercial building materials standards are designed to be at least 90% masonry. The
standards require that the non-glass portion of the building be at least 50% brick and the remaining non-
glass portions be at least 40% textured masonry block. The majority of the proposed building is
constructed of brown brick, scored block and rock-faced block. The exact mix of the non-glass portion of
the building is 37% brick and 57% textured block. This mix exceeds the 90% masonry requirement but is
short of the brick requirement by 13%.
Building Material Area Percentage of Non-Glass
Brick 1,329 sq ft 37.2%
Block 2,054 sq ft 57.4%
Trim 193 sq ft 5.4%
Glass and Doors 882 sq ft N/A
Total 4,458 sq ft N/A
Being a PUD, the City has the ability to reduce the brick requirement. Looking at the neighboring
buildings for guidance, the Rosemount Market Square is more than half EIFS with block columns; Hong
Kong Bistro is about 40% brick and 60% wood; Valvoline is about 100% block; Holiday is about 20%
erally meet the building material
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standards. Considering that the majority of the surrounding buildings do not meet the building standards
building have at least 35% brick and at least 90% masonry.
Required Setback Provided Setback
Frontage
Building Parking Building Parking
North (CSAH 42) 30 feet 15 feet 67 feet 15 feet
East (Hong Kong
10 feet 10 Feet 61 feet 9 feet
Bistro)
All building setbacks meet ordinance requirements. The west and south setbacks are not listed because the
distance to the west property line is greater than 150 feet and the south property line is greater than 400
feet. The existing PUD allows a parking setback of 15 feet from CSAH 42 and the proposal maintains
that setback. The setback for parking from the east property line is ten (10) feet. The site plan shows the
existing parking lot curb line at about nine (9) feet and the modified parking lot is proposed to maintain
the same curb line as exists today. Staff recommends a condition in the PUD approval to maintain the
parking setback equal to the existing curb line.
Establishment Seats/Area/Occupants Parking Ratio Requirement
30 seats 1 seat per 3 seats 10 stalls
Chipotle 30 seats 1 seat per 3 seats 10 stalls
Fireside 205 seats 1 seat per 3 seats 67 stalls
House of Curry 20 seats 1 seat per 3 seats 7 stalls
The Pond 118 occupancy 1 stall per 2 occupants 59 stalls
Retail 21,302 square feet 5 stalls per 1,000 sq ft 107 stalls
Total 260 stalls
Parking Stalls Provided: 289 parking stalls
based on the total land area of the site. The ordinance tree standards were met with the original
Rosemount Market Square construction including trees along the perimeter of the site and along the
north-ipotle
building.
Foundation plantings are required at a rate of one planting per ten (10) feet of the perimeter of the
building. The building is 58 feet wide by 70 feet deep for a total perimeter of 256 feet which will require
26 foundation plantings. It is common for the City to require the installation of the foundation plantings
at the perimeter of the site instead of at the building because it would have the greatest impact to the
g the planting at the perimeter of
the parking lot.
The north side of the existing parking lot has an extensive group of planting towards the middle of the
parking lot, but the building will be constructed toward the east side of the parking lot with the drive-
through on the east side of the building. To mitigate for any possible headlights facing County Road 42,
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staff is recommending that the 26 foundation plants be installed on the north side of the parking lot in
front of the drive-through lane to provide screening for at least four (4) feet in height.
Trees Requirement: 1 tree per 3,000 square feet of land area
Additional Trees Required: None
Foundation Plantings Requirement: 1 per 10 feet of building perimeter
Additional Foundation Plants Required: 26 Plants
businesses. The existing monument sign for Rosemount Market Square does not have room for two
additional businesses. Since the existing sign is close to the market square entrance, staff does not propose
adding onto the existing sign because it could create safety and vision issues for drivers.
The proposed common monument sign is located about 80 feet east of the existing sign and therefore
should not create any safety or vision issues. The City Code allows only one monument sign per frontage.
Instead, staff is proposing to use the amendment to the PUD process to permit the second monument
sign.
feet (12 feet by 7 feet 8 inches). The Code allows monument signs to be 100 square feet and 20 feet tall.
Since a 20 foot tall sign would interfere with the existing market square sign, staff recommends a condition
that the sign area does not exceed 100 square feet and the sign height not exceed 12 feet.
The site plan proposes a trash enclosure on the east end of the east-west drive lane, but the plans do not
describe what the building materials are for the enclosure. The City Code requires that the sides without
the doors be constructed of similar materials to the principal building. Staff recommends that the trash
The construction of the building will remove one light pole from the existing parking lot. The applicant
has not proposed how the parking lot lighting will be addressed. Staff has recommended that the
applicant submit a lighting plan that complies with the City Code and that all non-essential lighting be turn
off after business hours.
There are two interim use permits (IUP) for seasonal (transient) sales located in the parking lot in front of
The Pond. The Plant Place IUP allows for garden sales from April 1 to July 31 and the Lions Club IUP
allows Christmas tree sales from November 24 to December 31. Both IUPs run through 2018, but both
IUPs state that any additional development at Rosemount Market Square may result in the revocation of
the IUPs. Staff is not recommending revoking the IUPs at this time, but has recommended a requirement
that the land owner request amendments to the IUPs by December 31, 2015. If the land owner does not
request the amendments, then the IUPs would be revoked.
Staff believes that it may be possible for the Lions Club to remain in the parking lot if it does not interfere
with the other tenants, but Plant Place would likely need to relocate to the green space to the east of The
Pond if they wish to continue seasonal sales on the site.
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The conditional use permits (CUPs) are considered quasi-judicial actions. The Major Amendment to the
PUD request is also a quasi-judicial decision because City Code treats PUD as a conditional use permits
(CUP). 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.
Drive-through facilities for restaurants, banks, and other similar uses.
1.The site and building(s) shall be designed to limit the effects of the drive-through on adjacent
properties and public rights of way. No use with a drive-through window shall be located abutting
any residential use or district.
The drive-through lanes turn the cars towards the east (Hong Kong Bistro)
when ordering and pick-up windows face the north (CSAH 42). This is a
similar alignment to the drive-
landscaping be installed to the north of the parking lot and the drive-through
lane to mitigate any headlights onto CSAH 42.
2.Drive-through facilities shall have a minimum six (6) stacking spaces per drive-through window.
Fast food uses operating more than one window per individual drive aisle shall meet the stacking
requirements for a single drive-through facility. Each space shall be a minimum of nine feet (9')
wide by eighteen feet (18') long.
The drive-through windows have space for the stacking of three cars before
stacking occurs in front of the drive directly to the west of the building, but
six cars can stack before the west most access drive is blocked. Staff is
supportive of this design because cars can still drive around the building
using the by-pass lane to the right of the drive-through lane and cars can use
the west most access drive to get in and out of the parking lot.
3.The principal building shall be the primary source for screening the drive-through facility and
stacking and exiting areas from adjacent properties and/or rights of way. Landscaping and berming
shall be a secondary source for screening drive-through, stacking or exiting areas. Should
landscaping and berming be found ineffective by the city, the city may approve screening walls
and/or decorative fencing as an alternative. Screening walls shall be constructed of the same
materials as the principal building and shall not extend more than twenty five feet (25') without a
change in architecture to reduce their mass and appearance. Stacking areas shall have a minimum
ninety percent (90%) opacity screen to a height of six feet (6') while exiting areas shall have a
minimum fifty percent (50%) opacity screen to a height of at least four feet (4').
The building screens the drive-through menu and windows from the public
right-of-ways. The staff recommended ground cover and landscaping to four
feet of height along the CSAH 42 frontage in front of the drive-through lane to
screen any headlights from CSAH 42.
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4.Stacking lanes, order board intercom, and service window shall be designed and located to
minimize noises, emissions, and headlight glare upon adjacent properties and public rights of way.
With the additional landscaping, the stacking lanes, menu boards, and service
windows are configured to limit any headlight glare upon public right-of-ways
and adjacent residential properties.
5.Stacking lanes shall not interfere with circulation through any required parking, loading,
maneuvering or pedestrian area.
Stacking lanes do not interfere with circulation or any required parking,
loading, maneuvering or pedestrian area. Even if the stacking blocked the
access drive directly west of the building, that drive is allowed two way traffic
so that cars can use the west most access drive to circulate.
6.No public address system shall be audible from a noncommercial or nonindustrial use or district.
Staff has prepared a condition prohibiting public address or ordering speakers
from being audible from the property lines.
7.In addition to the freestanding sign allowed by the sign ordinance, fast food uses may display menu
signs related to drive-through facilities, provided that:
a.Not more than one menu sign per defined drive-through aisle is allowed.
b.Individual menu signs shall be single sided with an area not to exceed thirty two (32) square
feet including both menu information and sign cabinet.
c.The height of the menu sign(s) shall not exceed eight feet (8') including its base or pole
measured from grade to the top of the structure.
d.The menu sign(s) shall not encroach into any parking setback and shall be located directly
adjacent to the drive-through aisle and oriented in such a manner that the sign provides
information to the drive-through patrons only and does not provide supplemental
advertising to pass-by traffic and does not impair visibility or obstruct circulation.
The actual design of the menu boards has not been provided. Staff has
prepared a condition that requires conformance with the above menu board
standards.
Outdoor seating or dining areas for eleven (11) or more seats.
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.
The outdoor seating area is located to the west of the building and to the north of the
parking area. The outdoor seating area is also located about 57 feet from the CSAH 42
right-of-way. The location of the outdoor seating area will have no effect on contiguous
properties or 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
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or district.
The outdoor seating area is located on private property along the west side of the building.
The outdoor seating area is not within a required setback or an abutting residential use.
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.
The outdoor seating area is separated from the parking and maneuvering area by a six (6)
inches concrete curb and therefore does not interfere with the circulation of any parking,
loading or maneuvering area. Staff has proposed a condition that a minimum of a six (6)
foot passageway be maintained between the outdoor seating area and the building. The
reason for the greater passageway is because the building is installed with ten (10) foot wide
g this passageway, staff requests that the width of the
passageway be larger than the four (4) foot minimum width.
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.
The outdoor seating area is separated from the parking lot by a six (6) inch concrete curb
and is open to a pedestrian walk on the entire east side of the seating area.
5. When a liquor license is granted, an uninterrupted enclosure is required and the enclosure shall only
have access through the principal building.
are not requesting liquor licenses.
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.
The outdoor seating is located about 187 feet from the residential property on the north side
of CSAH 42. This is slightly less than the 200 feet required. Staff believes that any impact
generated by the seating area shall be much less than the impacts generated from the
adjoining high traffic, high speed Principal Arterial, CSAH 42. CSAH 42 has a 130 foot wide
right-of-way in front of the site. For these reasons, staff has proposed that a standard within
the PUD that the seating area shall be located at least 55 feet from the CSAH 42 right-of-
way.
7. No public address system shall be audible from a noncommercial or nonindustrial use or district.
are not anticipated to have a public address system.
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RECOMMENDATION
Staff recommends that the Planning Commission recommend that the City Council approve the Major
Amendment to the Planned Unit Development Agreement to allow a multiple tenant restaurant building
with outdoor seating and approve the Conditional Use Permit for the drive-through facility. This
recommendation is based on the information submitted by the applicant, findings made in this report and
the conditions detailed in the attached memorandums.
9
SITE PLAN
(763) 479-3905 ROSEMOUNT, MINNESOTA
CHECKED BY:
3410 150TH STREET WEST
P O Box 635
BUILDING
ASSOCIATES LLC
SCALE:
AS NOTED
MARKET SQUAREROSEMOUNT
RETAIL
DATE:
DATEDESCRIPTION#
REVISIONS:
5'-0"3'-0"
6"6"
6"
6"
6"
334.75'
SITE BOUNDARY LINE
NEW PARKING
EXISTING H.C. STALLS
24' 0"76' 6"
22' 8"
10' 0"
CONCRETE DRIVE LANE
B
ARBY'S 10' 0"10' 0"16' 0"
1,800 SF
24' 0"
18' 0"
70' 0"
A
CHIPOTLE
C
2,275 SF
B
A
NEW PARKING
D
9'-0" TYP9'-0" TYP
8' 0"8' 0"
24' 8"61' 0"5' 0"
EXISTING H.C. STALLS
B
25' 0"
B
6' 0"
EXISTING H.C. STALLS
EXISTING H.C. STALL
SITE PLAN
(763) 479-3905 ROSEMOUNT, MINNESOTA
Long Lake, MN 55356
CHECKED BY:
3410 150TH STREET WEST
P O Box 635
BUILDING
ASSOCIATES LLC
SCALE:
AS NOTED
ROSEMOUNT MARKET SQUARE
RETAIL
JULY 17, 2015
DATE:
DATEDESCRIPTION#
REVISIONS:
NEW PARKING
CONCRETE DRIVE LANE
B
ARBY'S
1,800 SF
A
CHIPOTLE
C
2,275 SF
B
A
NEW PARKING
D
9'-0" TYP9'-0" TYP
B
B
ELEVATIONS
(763) 479-3905 ROSEMOUNT, MINNESOTA
CHECKED BY:
3410 150TH STREET WEST
P O Box 635
BUILDING
ASSOCIATES LLC
SCALE:
AS NOTED
ROSEMOUNT MARKET SQUARE
RETAIL
DATE:
DATEDESCRIPTION#
REVISIONS:
ELEVATIONS
3905(763) 479-ROSEMOUNT, MINNESOTA
Long Lake, MN 55356
CHECKED BY:
3410 150TH STREET WEST
P O Box 635
DRAWN BY:
BUILDING
ASSOCIATES LLC
SCALE:
AS NOTED
ROSEMOUNT MARKET SQUARE
RETAIL
JUly 17, 2015
DATE:
DATEDESCRIPTION#
REVISIONS:
10"
18' 0"
ELEVATIONS
3905(763) 479-ROSEMOUNT, MINNESOTA
Long Lake, MN 55356
CHECKED BY:
3410 150TH STREET WEST
P O Box 635
DRAWN BY:
BUILDING
ASSOCIATES LLC
SCALE:
AS NOTED
ROSEMOUNT MARKET SQUARE
RETAIL
JUly 17, 2015
DATE:
DATEDESCRIPTION#
REVISIONS:
SIGN
(763) 479-3905 ROSEMOUNT, MINNESOTA
MONUMENT
CHECKED BY:
3410 150TH STREET WEST
P O Box 635
BUILDING
ASSOCIATES LLC
SCALE:
AS NOTED
ROSEMOUNT MARKET SQUARE
RETAIL
DATE:
DATEDESCRIPTION#
REVISIONS:
11' 0"
3' 4"
CONCRETE DRIVE LANE
ARBY'S
1,800 SF
CHIPOTLE
2,275 SF
NEW PARKING
9'-0" TYP9'-0" TYP
2014-2018 Interim Use Permit Conditions for
Rosemount Lions Club/ Rosemount Properties, LLC
Transient Merchant Outdoor Sales Lot for Christmas Trees
This Interim Use Permit (IUP) is valid only for Lot 1, Block 1, Rosemount Market Square, Dakota
County, Minnesota.
1.This permit shall be in effect for the calendar years of 2014, 2015, 2016, 2017 and 2018 from
its effective date to December 31, 2018. The outdoor sales lot may operate from November
thnd
24 to December 22 in 2014. The Lions Club shall contact the City prior to installation of
the sales lot each year with the dates of operation for that year. Up to 40 days of operation
shall be allowed each year by this permit, which is valid until December 31, 2018.
2.Hours of operation shall be limited to 2:00 p.m. and 8 p.m. on weekdays and 10:00 a.m. and
8:00 p.m. on weekends.
3.The owner and/or operator of the outdoor sales lot shall have written permission of owner
of the property on which the sale is located.
4.Should the owner of Lot 1, Block 1, Rosemount Market Square receive any additional
development approvals for this property, the City may reevaluate this permit.
5.This permit shall be reviewed prior to renewal in 2015 for conformance with these
conditions. Thereafter, the City Council will determine the appropriate time interval for the
subsequent renewal procedure.
6.Violation of any specified IUP condition or otherwise unlawful activity may result in
immediate revocation of the IUP.
7.The operation of the outdoor sales lot shall comply with the approved site plan attached as
Exhibit A.
8.Adequate off street parking, with a surface in compliance with subsection 8-2-2.J of this
code, shall be provided for both the principal and interim use ensuring that no obstruction
or interference occurs with existing traffic patterns.
9.No parking related to the outdoor sales lot shall be permitted on adjacent parcels without
the prior written consent of the adjacent parcel owner.
10.All site improvements shall be reviewed by the City Engineer for approval prior to
completion in accordance with City standards including grading permits.
11.No portion of the sales lot or any advertising for the event shall take place within any public
right-of-way or intersection sight triangle. A minimum ten (10) foot setback shall be
maintained from all property lines and no portion of the use shall take place within one
hundred feet (100') of any property line of any residential use or residentially zoned property.
12.All permits required by other applicable agencies must be obtained and copies submitted to
the City.
13.All development and dimensional standards of the zoning ordinance apply to future
improvements of the Rosemount Lions Club Christmas Tree Sales Lot.
14.All structures must conform to the Uniform Building Code and Fire Code.
15.The applicant or property owner shall provide a handicap accessible satellite in conformance
with Dakota County Health standards for portable sanitary facilities.
16.Any signage for the outdoor sale lot or event shall comply with the temporary signage
requirements contained in chapter 8 of this title.