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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. 2 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 3 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, 4 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. 5 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. 6 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 7 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. 8 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.