HomeMy WebLinkAbout5.b. Request by John Green Partnership, LLC for a Site Plan & CUPEXECUTIVE SUMMARY
Planning Commission Regular Meeting: September 26, 2017
Tentative City Council Meeting: October 3, 2017
AGENDA ITEM: 17-33-SP & 17-34-CUP: Request by
John Green Partnership, LLC. for a Site
Plan Review and Conditional Use Permit
for the Drive-Through to redevelop the
existing Hong Kong Bistro site.
AGENDA SECTION:
Public Hearing
PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 5.b.
ATTACHMENTS: Site Location Map, Site Plan, Traffic
Circulation and Parking Plan, Landscape
Plan, Building Elevations,
APPROVED BY: KJL
RECOMMENDED ACTION:
Motion to approve the Site Plan for John Green Partnership, LLC., subject to the following
conditions:
1. Selection and placement of the rooftop mechanical equipment so that the parapet
wall shields the equipment from public view.
2. Site photometrics shall be provided prior to building permit approval to ensure
compliance with Code requirements.
3. Lighting fixture cut sheets shall be provided to ensure that are a cut-off style of
lighting.
4. Non-essential lighting shall be turned off after business hours.
5. Additional architectural elements should be added to the north-facing façade to
increase visual interest along County Road 42.
Motion to recommend that the City Council approve the Conditional Use Permit for the
Drive-Through Facility for John Green Partnership, LLC., 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 with condition seven (7) of the drive-
through facility conditional use permit standards.
SUMMARY
John Green Partnership, LLC. is requesting a site plan review and a conditional use permit to redevelop
the site of the Hong Kong Bistro with a new building containing a fast-casual restaurant and two retail
spaces. The development will also feature a drive-through facility to serve the restaurant. Site plan
reviews are required for all developments in the Commercial and Industrial zoning districts and drive-
through facilities are conditional uses in the C4-General Commercial zoning district. Staff is
recommending approval of the conditional use permit (CUP) and site plan with conditions.
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GENERAL INFORMATION
Applicant/Property Owner: John Green Partnership, LLC.
Property Location: 15065 Canada Avenue
Size of Property: 0.93 Acres
Comprehensive Plan Designation: CC Community Commercial
Zoning: C4-General Commercial
Current Neighboring Land Uses: North – Low Density Residential; East, South, and West –
Community Commercial
Planned Neighboring Land Uses: North – Low Density Residential; East, South, and West –
Community Commercial
The existing 3,088 square foot building has been the location of a Pizza Hut and, most recently, the Hong
Kong Bistro restaurant. The developer is proposing demolition of the existing building to construct a
5,700 square foot structure that will provide three tenant bays, situated east to west within the building.
One of the units, the westernmost, will contain a fast-casual restaurant with seating for thirty and a drive-
through facility. The developer anticipates the other spaces will contain retail services and no other
restaurants are being proposed within the building. Currently, the site has two driveway accesses to the
internal private roadway thin the larger shopping center area. Access will be reduced to a single driveway.
SITE PLAN REVIEW
Setbacks
Frontage Required Setback Provided Setback
Building Parking Building Parking
North (CSAH 42)1 50 feet 30 feet 55 feet 20 feet
East (McDonald’s) 10 feet 10 Feet 35 feet 20 feet
South (Private Dr) 10 feet 10 feet 159 feet 15 feet
West (Arby’s) 10 feet 10 feet 30 feet 10 feet
1 CSAH 42 is a principal arterial requiring an additional 20 foot building setback and 10 foot parking setback.
The proposed redevelopment of the site meets all required setbacks except for the north parking setback
from CSAH 42. The site is currently nonconforming in that regard, and City Code allows for
nonconformities to be continued through repair, replacement, restoration, maintenance or improvement
but not through expansion. With that understanding, the site can maintain the existing setback from
County Road 42 under the new project.
Traffic Circulation
The current configuration has a separate entrance and exit. The proposed development will reduce the
number of accesses to a single entry/exit. Access to the site will continue to be reached via a private
internal driveway within the shopping center.
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Parking
The City Code requires 32 parking spaces. Specifically, the Code requires one stall per 3 seats for
restaurants and 6 spaces per 1,000 square feet for retail sales and services. The retail bays are each 1,750
square feet, which means each retail unit requires 11 parking stalls. The plan submitted by the applicant
indicates that this project will have 32 parking spaces, therefore meeting the requirements of the City
Code.
Establishment Seats/Area Parking Ratio Requirement
Restaurant 30 seats 1 stall per 3 seats 10 stalls
Retail Sales/Service 1,750 square feet 6 stalls per 1,000 sf 11 stalls
Retail Sales/Service 1,750 square feet 6 stalls per 1,000 sf 11 stalls
Total 32 stalls
Parking Stalls Provided: 32 parking stalls
Exterior Building Materials and Massing
According to the building elevations provided by the applicant, the exterior will be composed of a two-
tone brick surfacing with vertical elements used to break up the wall facades. Red awnings will be installed
over the windows at the front/south side of the building. Red trim matching the awnings will be used
around the front and rear doors. Because the rear of the building will be facing County Road 42, staff has
asked for the façade along the north/rear side of the building to be enhanced to reduce the perception that
what passing motorists on 42 are seeing is the back of the building.
Plans for signage were not provided, nor are they required at this time, but staff anticipates that wall
signage will be added to the north-facing façade. Because of the size of the building, additional articulation
of the façade is not required by ordinance. However, there should be some element added in the north so
that the “back” of the building has some treatment since it will serve as the front from a visibility
perspective.
Trash Enclosure
A trash enclosure six feet in height will be constructed between the north side of the building and the drive
through. The enclosure will be constructed of materials that match the façade, and it will feature a wood
gate. The enclosure will benefit from the additional screening required of the drive-through facility.
Landscaping
The proposed project is redevelopment of an existing site. Most of the existing trees located along the
perimeter will be preserved, and only two trees will be removed from the area that is located between the
two access points. Four trees will be planted in and around the redeveloped parking lot resulting in a net
gain of 2 trees.
Foundation plantings are required at a rate of one planting per ten (10) feet of the perimeter of the
building. It is not unusual to have the perimeter plantings placed on the edge of the developed areas to
have it more visible to patrons and the passing public. The McDonald’s next door to the site is an
example. The total perimeter of the building is 302 feet, which amounts to a requirement of 31 foundation
plantings. Thirty-nine shrubs and foundation plants are indicated on the landscape plan along the
northern property line and an additional six plants will be located along the western property line where
the drive-through window will be located. The landscape goals are twofold. One is to provide a please
front to County Road 42 which has high traffic visibility and the second is to screen the drive aisle
associated with the drive through.
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Lighting
The construction of the building will remove one light pole from the existing parking lot. The applicant
has not shown 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 turned off
after business hours.
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.
REVIEW AND ANALYSIS
Will not be detrimental to or endanger the public health, safety, or general welfare of the
neighborhood or the city.
Finding: The Drive Through will not change any traffic patterns exterior to the site. Screening
will be provided to minimize impacts to traffic on 42 from headlights.
Will be harmonious with the objectives of the comprehensive plan and city code provisions.
Finding: The use and location are consistent with the Comprehensive Plan policies. The applicant
is not seeking any variances or deviations from the City Code provisions.
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: The area is guided for Community Commercial uses. The site itself is surrounded by
restaurants, a number of which feature drive through facilities, and retail. The proposed
redevelopment is consistent with existing and planned uses.
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 site will continue to be served by the existing services including storm water
removal. The project will not require any new public services or utilities.
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: The proposed redevelopment will likely be less detrimental due to the fact that updated
mechanical equipment will be installed with this project.
Will have vehicular ingress and egress to the property which does not create traffic congestion or
interfere with traffic on surrounding public streets.
Finding: Access to the site will remain in roughly the same location, except the entry and exit will
be consolidated into a single access. Traffic patterns should remain similar to what they are
currently.
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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 project is a redevelopment of an existing commercial use. The project will
have little to no environmental impact, nor will it result in the destruction, loss, or damage of any
natural, scenic, or historic feature of major importance.
These standards apply in addition to specific conditions as may be applied throughout this code.
Finding: According to Section 11-4-14: D, drive through facilities must meet the following
conditions:
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.
Finding: The drive-through lanes turn cars west toward Arby’s/Chipotle when ordering and the
pickup window faces west and is not visible from any public right-of-way.
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.
Finding: The plans provided by the applicant indicate a total of nine stacking spaces within the
drive-through. The stacking spaces indicated on the plan are 19’ long and 10’ wide, and they
exceed the dimensional requirements.
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').
Finding: The building itself screens the drive-through window from public right of ways.
Additional screening is provided by landscaping along the north and west property lines.
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.
Finding: The stacking lanes, order board intercom, and drive-through windows are configured to
limit their impact on adjacent properties and public rights-of-way.
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5. Stacking lanes shall not interfere with circulation through any required parking, loading,
maneuvering or pedestrian area.
Finding: The stacking lanes of the drive through are located along the eastern side of the building.
Parking for the site is located south of the building, and therefore there is no interference
between drive through stacking and the parking area.
6. No public address system shall be audible from a noncommercial or nonindustrial use or
district.
Finding: Staff has prepared a condition stating that public address or ordering speakers shall not
be 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.
Finding: 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.
RECOMMENDATION
Staff recommends that the Planning Commission approve the Site Plan Review with the prepared
conditions. Additionally, it is recommended that the Planning Commission recommends that the City
Council approve the Conditional Use Permit for the drive-through facility.
SITE LOCATION:15065 CANADA AVE.ROSEMOUNT, MN 55068