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HomeMy WebLinkAbout9.a. Request by John Green Partnership, LLC. for Conditional Use Permit for a Drive-Through Facility with Site Plan Review to redevelop the property at 15065 Canada Circle EXECUTIVE SUMMARY City Council Regular Meeting: October 3, 2017 AGENDA ITEM: Request by John Green Partnership, LLC. for Conditional Use Permit for a Drive-Through Facility with Site Plan Review to redevelop the property at 15065 Canada Circle AGENDA SECTION: New Business PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 9.a. ATTACHMENTS: Resolution, Excerpt from Planning Commission Minutes, Site location map, Site Plan, Traffic Circulation and Parking Plan, Landscape Plan, Building Elevations APPROVED BY: LJM RECOMMENDED ACTION: Motion to adopt a resolution approving the Conditional Use Permit and Site Plan for the Retail Use with Drive-through Facilities for John Green Partnership, LLC. SUMMARY John Green Partnership, LLC. is requesting approvals to redevelop the Hong Kong Bistro site with a new building containing a fast-casual restaurant and two retail spaces. The development includes a drive- through facility to serve the restaurant, which requires a conditional use permit. Staff is recommending approval of the conditional use permit (CUP) and site plan with conditions. 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 to demolish 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 private access road within the larger shopping center area. Access will be reduced to a single driveway. To facilitate the reconstruction, the Planning Commission has recommended approval of the Site Plan (with conditions) and the Conditional Use Permit (CUP) for the drive-through facility. 2 PLANNING COMMISSION ACTION The Planning Commission reviewed this item at its September 26, 2017 regular meeting. Commissioners asked about traffic generation in the area and potential impacts to the intersection of Canada and County Road 42. It was explained that even though there is additional development in the area with this project and the new Arby’s/Chipotle, the square footage was originally approved with the shopping center. Staff indicated they would monitor the traffic and any congestion issues. The Commission also amended one of the conditions of approval to include additional architectural detailing on the western façade. Public comment was received from one resident who was concerned about the potential noise created by the ordering system located on the north side of the project, as well as additional lighting impacting her property. Staff will work with the applicant to ensure the public address system used in the ordering process is not audible to noncommercial neighboring properties, which is a requirement of the conditional use. The condition of approval has been modified from the Planning Commission action to reflect the ordinance standard. 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 area. 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 3 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 bring visual relief to the wall facades. Red awnings will be installed over the windows at the front or 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 or 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. The Planning Commission had requested additional treatment on the west side of the building also, which is reflected in the proposed conditions of approval. 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 pleasing front to County Road 42 which has high traffic visibility, and the second is to screen the drive aisle associated with the drive through. 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 4 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 car headlights using the drive through. 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 be consistent with the ordinance standards for noise, traffic, odors, and glare. 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. 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. Staff will monitor the noise associated with the ordering system so it does not impact nearby residents. 5 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 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 ordinance 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%) op acity 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. Staff will work with the applicant on order board placement and volume control. 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 a noncommercial or nonindustrial use or district. 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. 6 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 The Planning Commission and staff recommend approval of the Conditional Use Permit for the drive- through facility. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2017- A RESOLUTION APPROVING A CONDITIONAL USE PERMIT (CUP) FOR A DRIVE-THROUGH FACILITY WITH SITE PLAN REVIEW FOR JOHN GREEN PARTNERSHIP, LLC WHEREAS, the Community Development Department of the City of Rosemount received an application from John Green Partnership, LLC requesting a Conditional Use Permit (CUP) to operate a drive-thru facility at their restaurant located at 15065 Canada Avenue, Rosemount. WHEREAS, on September 26, 2017, the Planning Commission of the City of Rosemount reviewed and conducted a public hearing for the conditional use permit with site plan review applications of John Green Partnership, LLC; and WHEREAS, the Planning Commission adopted a motion to recommend that the City Council approve the conditional use permit and site plan applications for John Green Partnership, LLC; and WHEREAS, on October 3, 2017, the City Council of the City of Rosemount reviewed the Planning Commission recommendations for the conditional use permit with site plan review. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves the conditional use permit for the operation of a drive-thru facility and site plan review for the property located at 15036 Canada Avenue, Rosemount, subject to the following conditions: 1. Public address systems and ordering speakers shall not be audible from any noncommercial and nonindustrial property. 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. 4. Selection and placement of the rooftop mechanical equipment so that the parapet wall shields the equipment from public view. 5. Site photometrics shall be provided prior to building permit approval to ensure compliance with Code requirements. 6. Lighting fixture cut sheets shall be provided to ensure that are a cut-off style of lighting. 7. Non-essential lighting shall be turned off after business hours. 8. Additional architectural elements should be added to the north-facing and west-facing façades to increase visual interest along County Road 42. ADOPTED this 3rd day of October, 2017 by the City Council of the City of Rosemount. __________________________________________ William H. Droste, Mayor ATTEST: ___________________________________ Clarissa Hadler, City Clerk September 26, 2017, Planning Commission Excerpt 5.b. 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. (17-33-SP & 17-34-CUP) Planner Nemcek gave a brief summary of the staff report for the Planning Commission. Commissioner Clements inquired about the amount of traffic coming to the parking lot. Clements questioned if the traffic has been looked into. Planner Nemcek stated that the use is consistent with the previous use since the site has previously been a restaurant. Engineer Hatcher noted that the access road is a private road and staff can watch the area, although doesn’t anticipate a traffic issue will be caused by the project. Chair Kenninger questioned if Canada Ave will be changed to a right in, right out only at County Road 42. Community Development Director Lindquist stated that staff does not recall the future plans but doesn’t think that access will be changed. Kenninger questioned the safety at that intersection with more traffic trying to access County road 42 at that intersection. Staff indicated they will follow up and check the County plans and also monitor the access. Clements stated that it might not be an issue with parking but that the volume of vehicles moving through the parking lot may cause congestion since many of the customers may use the drive-through. Commissioner Freeman questioned if there is outdoor space planned for the restaurant. Nemcek stated that is not part of the submitted plans. Chair Kenninger inquired if the west side can also receive some enhancements similar to the request for the north, whether it be a change in brick or adding architectural stone. Nemcek stated that something could be done similar to the northside. The public hearing opened at 7:49 pm. Public Comments: Dennis Blau representing the applicant, 604 Wilson Ave, Menomonee, WI, stated that Mr. Nemcek covered all of the main points and that they have nothing further to add. Roxanne Erhardt, 3270 Lower 150th St. W., stated that the additional restaurant building will add a lot of light to the area. Ms. Erhardy indicated that she can hear the ordering system at McDonald’s and has asked them to turn it down which they have. She noted a new light from the Arby’s/Chipotle shines in her backyard. She would like the ordering system moved to the side like Arby’s. MOTION by Clements to close the public hearing. Second by Freeman. Ayes: 4. Nays: 0. Motion Passes. The public hearing was closed at 7:52 pm. Additional Comments: Chair Kenninger questioned if the drive-through could be redesigned so that the noise would not have an impact on the neighborhood. Planner Nemcek stated that the plan to have three tenants in the building means the drive through can’t restrict access to the store fronts. Community Development Director Lindquist noted that the ordering station may be able to shift west or the mechanism could be canted so it doesn’t face directly north. Staff will work with the applicant on this item. Commissioner Clements questioned if there are any restrictions on the Chipotle light. Community Development Director Lindquist confirmed that they will look into the positioning of the light and verify that it complies with ordinance criteria. MOTION by VanderWeil to approve the Site Plan for John Green Partnership, LLC., subject to the following conditions and amending condition 5 to include modifications to the west façade: 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 and west-facing façades to increase visual interest along County Road 42. Second by Clements. Ayes: 4. Nays: 0. Motion Passes. MOTION by VanderWeil 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. Second by Clements. Ayes: 4. Nays: 0. Motion Passes. SITE LOCATION:15065 CANADA AVE.ROSEMOUNT, MN 55068