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HomeMy WebLinkAbout1999-04-28 Communication Re CA's Request for Original CUPJulie Hultman From: Sent: To: Subject: Original Message From: mj vierling [SMTP:mjvierling @email.msn.com] Sent: Wednesday, April 28, 1999 2:59 PM To: KRIS DANIELSON Cc: scott richards Subject:Burger King CUP kdanielson [kdanielson a�7cityofoakparkheights.com] Wednesday, April 28, 1999 3:31 PM 'Julie Hultman' FW: Burger King CUP Kris could you have Julie dig out the original CUP for Burger King or in lieu thereof the original Planners report as approved by the council so i can use that as the basis of drawing the new CUP.? Also fax me over a copy of the Application of Secure Mini Storage for their CUP Thanks Mark FAX To: Fax: (1.1\1 P r bate: icL P-V jv From: Pages: Re: 14 VILA ft a, 4 W10 Cd c Qa.dr1 City of Oak Park Heights Community Development Phone: (651) 439-4439 Fax: (651) 439-0574 P4-7-nctn , including cover sheet Building - Community Development - Public Works Depts. N PLANNING REPORT TO: Judy Hoist FROM: Bob Kirmis l Scott Richards DATE: 7 January 1998 RE: Oak Park Heights - Burger King Restaurant FILE NO: 798.02 - 97.14 BACKGROUND Attached for reference: Exhibit A w- Site Location Exhibit B - Approved Concept Plan Exhibit C - Existing Conditions Exhibit D - Site Plan Exhibit E - Grading, Drainage and Erosion Control Plan Exhibit F - Utility Plan Exhibit G -- Landscape Plan Exhibit H - Floor Plan Exhibit 1- Building Elevations PHONE 6 1 2- 595 - 9636 FAX 6 1 2 - 595 - 9837 Enclosure V. lA NORTHWEST ASSOCIATED CONSULTANTS COMMUNITY PLANNING - DESIGN - MARKET RESEARCH Dolphin Real Estate Development has requested PUD general plan approval of a 3,348 square foot Burger King Restaurant to be located north of 58th Street North and east of Neal Avenue North. Specifically, the restaurant is to be located upon Lot 1 Block 1 of the recently approved Oak Pond Addition. The restaurant received PUD concept plan approval this past Summer and is zoned PUD, Planned Unit Development. 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 15 ISSUES ANALYSIS Relationship to Concept Plan. Generally speaking, the submitted site plan and building placement is consistent with the previously approved PUD concept plan. There have, however, been some modifications from the previous plan including the addition of a drive - through lane and a downsizing of the building from 5,500 square feet to 3,348 square feet in size. Architectural Appearance. As noted on the attached building elevations (Exhibit 1), the restaurant is to be finished in white stucco and beige rock face block. The structure's mansard roof is to be shingled (color not specified) and capped with a red parapet light. While the proposed finish materials themselves are considered generally acceptable, it is suggested that a greater emphasis be given to the rock face block so as to better match existing buildings in the development. The applicant will be required to demonstrate how the proposed restaurant will visually complement surrounding buildings within the Oak Pond Addition. As a condition of PUD general plan approval, color copies of the provided building elevations should be submitted and subject to approval by the City Council. Building Height. According to the submitted building elevations, the proposed restaurant is to measure 22 feet in height. Thus, the structure complies with the maximum 35 foot height requirement imposed in the base 8.2 Zoning District. Setbacks. While the site's PUD zoning designation allows interior lot setback fiexibilities, base district setbacks are applied to the perimeter of the property. As demonstrated below, the proposed restaurant complies with base B -2 District perimeter setback requirements: Separation of structures on the interior of the PUD are required to be a minimum of 20 feet or one -half the sum of the two building heights. The Burger King Restaurant is located ± 90 feet from the adjacent Hollywood Video building and complies with interior setback requirements. 2 Required Proposed Front Yard (Neal Avenue) 20 feet 35 feet Side Yard 10 feet NA Rear Yard 20 feet NA ISSUES ANALYSIS Relationship to Concept Plan. Generally speaking, the submitted site plan and building placement is consistent with the previously approved PUD concept plan. There have, however, been some modifications from the previous plan including the addition of a drive - through lane and a downsizing of the building from 5,500 square feet to 3,348 square feet in size. Architectural Appearance. As noted on the attached building elevations (Exhibit 1), the restaurant is to be finished in white stucco and beige rock face block. The structure's mansard roof is to be shingled (color not specified) and capped with a red parapet light. While the proposed finish materials themselves are considered generally acceptable, it is suggested that a greater emphasis be given to the rock face block so as to better match existing buildings in the development. The applicant will be required to demonstrate how the proposed restaurant will visually complement surrounding buildings within the Oak Pond Addition. As a condition of PUD general plan approval, color copies of the provided building elevations should be submitted and subject to approval by the City Council. Building Height. According to the submitted building elevations, the proposed restaurant is to measure 22 feet in height. Thus, the structure complies with the maximum 35 foot height requirement imposed in the base 8.2 Zoning District. Setbacks. While the site's PUD zoning designation allows interior lot setback fiexibilities, base district setbacks are applied to the perimeter of the property. As demonstrated below, the proposed restaurant complies with base B -2 District perimeter setback requirements: Separation of structures on the interior of the PUD are required to be a minimum of 20 feet or one -half the sum of the two building heights. The Burger King Restaurant is located ± 90 feet from the adjacent Hollywood Video building and complies with interior setback requirements. 2 All off - street parking areas have likewise been found to comply l with applicable 10 foot perimeter setback requirements. Off-Street Parking: Parking Supply. As calculated below, the proposed restaurant is required to provide 61 off-street parking spaces: Use Dining Space (1,720 sq. ft.) TOTAL Kitchen Space (1,451 sq. ft.) Ratio 1 space per 40 square feet 1 space per 80 square feet Required Spaces 43 18 61 Note: Calculation assumes dining is not to be provided in play area (per site plan footnote). With an off-street parking supply of 85 spaces, off - street parking requirements have been satisfied. Handicap Parking. With a total of four handicap parking stalls, applicable ADA requirements have also been met. Dimensional Requirements. AM off-street parking stalls and drive aisles have been found to comply with minimum dimensional requirements of the ordinance. Drive - Through Lane. As shown on the submitted site plan, a drive- through lane is proposed along the western side of the restaurant. The site's circulation system is considered well conceived and provides ample stacking spaces (seven) and bypass opportunities. Additionally, adequate area (radii) has been provided for vehicle turning maneuvers. 3 Trash. As shown on the attached site plan and building elevations, a trash handlin g area has been proposed directly south of the restaurant. In what is considered a p ositive aspect of the overall restaurant design, a continuation of the rock face block (utilized on the restaurant) is to be utilized to screen trash handling equipment. To further reinforce this "integration" concept, however, consideration should be given to replicating the stucco finish on the upper one -half of the trash enclosure wall. Recognizing that the restaurant's off - street parking supply exceeds the minimum requirements of the ordinance, it is recommended that an off - street parking stall adjacent to the trash handing area be specifically reserved for use by trash service vehicles. Also of issue is the orientation of the trash handling areas' access doors. As currently proposed, the doors to the trash handling area face e 'ast in full view to the majority of restaurant patrons. To further minimize adverse effects commonly associated with trash handling areas, consideration should be given to re- orienting the doors to the trash handling area to the south. In conjunction with such "re- orientation ", landscaping should be relocated to the east side of the trash enclosure. Signage. The proposed restaurant is allowed a total of two wall signs (one per street frontage). As shown on the submitted building elevations, wall signs have been proposed on the restaurant's north, east and west facades. As a result, a wall sign must be eliminated from one of the referenced facades. If wall signage is to be retained on the restaurant's eastern facade, the two proposed signs must either be consolidated into a single sign measuring not less than 150 square feet in area or one of the signs must be removed. - ■ Because the proposed restaurant is considered contiguous to the Oak Park Ponds Center, Rainbow Foods and other businesses within the PUD and that a pylon sign already exists, the proposed freestanding business sign along the site's northern border is not allowed. As a result, the proposed sign should be eliminated. To ensure the efficient and safe movement of traffic on site, it is recommended that one- way vehicular routes (i.e., drive- through lane) be identified via pavement or other signage. Lighting. AM lighting used to illuminate the subject site's off - street parking area should be hooded and directed to deflect light away from adjacent rights -of -way in compliance with Zoning Ordinance lighting requirements. Additionally, the lighting plan for the entire Oak Park Ponds Center must be reviewed and approved by the City Council as a condition of this approval. Grading and Drainage. The submitted grading and drainage plan should be subject to review and approval by the City Engineer. Utilities. In accordance with PUD submission requirements, a utility plan has been submitted for review. Such plan will be subject to review and approval by the City Engineer. 4 Landscape Plan, While the submitted landscape plan is generally considered positive, the following comments are offered: Tree Varieties: Consideration should be given to providing alternative tree plantings within the proposed Orking LsIads. Sugar Maples' and Green Mountain Sugar Maples typically perform poorly in compacted soil with limited root space. At the least planting details should include planting methods or soil corrections that assist the p lant material in its development. There is a lack of continuity in the tree varieties that have been chosen for the areas surrounding the restaurant's parking area. The different tree types will grow at different rates and have different forms that will be noticeable in the future. While a monoculture of trees is not desired, there is no perceived overall concept for over story trees for the area. Shrubs: Additional shrubs or annuals should be added within the planting bed to the north of the patio area. The annuals are located at approximately two feet on center. Considering that Serviceberry are deciduous and have a relatively open growth pattern, additional shrubs should be added to the planting area to the south of the trash enclosure to provide screening below the Serviceberry canopy. The shrubs to the west of the trash enclosure should be identified on the plans, and two such shrubs should be removed for lack of growing space. The overall landscape plan for the Oak Park Ponds Center must be reviewed and approved by the City Council as a condition of this approval. CONCLUSION AND RECOMMENDATION Based on the preceding review, our office recommends PUD general plan approval of the Burger King Restaurant subject to the following conditions: 1. Greater emphasis is given to the rock face block finish materials to visually complement surrounding area structures. The applicant demonstrate the visual compatibility of the proposed restaurant with other area structures via the submission of color copies of building elevations. Such elevations shall be subject to City Council approval. 3. Consideration is given to replicating the stucco /rock face block facade treatment of the restaurant on the restaurant's trash enclosure. 4. Consideration is given to re-orienting the trash enclosure's access doors frdm'the east to the south to minimize their visibility to restaurant patrons. In conjunction with such "re- orientation ", landscaping should be r located to the east side of the enclosure. jisoy lA 01/L a.. A total of two wall signs is permitted with not more than one wall sign being allowed on a facade. The site's monument /freestanding sign is eliminated. 7. A designated loading space is provided adjacent to the site's trash handling area. 8. All lighting used to illuminate off - street parking areas is hooded and directed to deflect light away from adjacent rights -of -way. 9 A lighting plan for the Oak Park Ponds Center including the Burger King site is submitted and is subject to City council approval. 10. The submitted grading and drainage plan is subject to review and approval by the City Engineer. 11. The submitted utility plan is subject to review and approval by the City Engineer. 12. Consideration is given to utilizing alternative trees (other than Sugar Maple and Green Mountain Sugar Maple) within the site's parking islands. 13. Additional shrubs or annuals are provided within the planting beds north of the patio area and south of the trash enclosure. 14. A landscape plan for the Oak Park Ponds Center including the Burger King site is submitted and is subject to City Council approval. 15. Comments of other City staff. pc: Mark Vierling Joe Anderl i k Alan Kretman, HKS Enclosure 5C PLANNING REPORT - Addendum No r. rHWEST ASSOCIAT CONSULTANTS COMMUNITY PLANNING - DESIGN - MARKET RESEARCH TO: Judy Hoist FROM: Scott Richards DATE: 4 February 1998 RE: Oak Park Heights - Burger King Restaurant and Sign Variance FILE NO: 798.02 -97.14 BACKGROUND In December of 1997, Dolphin Real Estate Development made an application for approval of a 3,348 square foot Burger King Restaurant on Lot 1, Block 1 of Oak Pond Addition. Approval of the restaurant has been held pending review of final design plans and an application for a sign variance. The restaurant received PUD concept plan approval this Summer and is zoned PUD, Planned Unit Development. The general site plan elements have been approved by staff subject to the conditions listed in the 7 January 1998 planning report. Only the building elevation plans and Signage plans have changed since that report. Attached for reference: ISSUES ANALYSIS PHONE 6 1 2- 595 -9636 Exhibit A: Revised Building Elevation and Signage Plan (color copies will be provided to you separate from this report) Exhibit B: Exterior Elevations - Existing Retail Center Architectural Appearance. The appearance of the structure has been revised so that it matches the buildings constructed in the Oak Park Ponds Center, specifically the retail centers adjacent to the bank and south of Rainbow Foods. The rock face block has been 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 5 5 4 1 6 FAX 6 1 2- 595 -9837 E -MAIL NAC@ WINTERNET.COM expanded on the Burger King to comply with the two - thirds brick, one -third stucco proportion for building materials requested by the City Council. The mansard roof has been removed and the facades are nearly flat to the parapet. Green, standing seam metal awnings have been placed over the main entrance of the building and the two drive- through windows. A green lit stripe has been placed at the top of the parapet extending the length of the restaurant. The green stripe does not relate to the Burger King color theme or to the existing retail strip centers. Staff suggests that this element be removed from the plan. Additionally, the existing retail centers utilize a decorative light fixture on each of the vertical elements. Staff recommends that these fixtures be used on the rock face block to replace the fixtures represented on the Burger King elevations. Smoke, Odor and Noise. Residents from the Autumn Ridge raised issues at a previous public hearing regarding smoke and odor from the broilers, and noise from the drive - through speakers. Staff suggests that a condition be placed on the applicant regarding smoke, odor and noise relating back to the Zoning Ordinance performance standards which are also the standards of the Minnesota Pollution Control Agency. Assessments. All pre - payment of assessments by Oppidan shall be completed as pursuant to the provisions of the development contract. Development Contract. A new development contract or amendment of the existing w i l l not be required for the Burger King development. Landscaping. A revised landscape plan is being developed by the Oak Park Ponds' landscape architect. The landscape plan for the Burger King will be finalized and agreed to with submittal and review of the final overall plan. Lighting. Ali lighting on the building and the subject site's off - street parking area shall be hooded and directed away from adjacent rights - of-way in compliance with the Zoning Ordinance lighting requirements. The lighting plan for the Burger King will be finalized and agreed to with submittal and review of the final overall plan. Signage. The proposed restaurant is allowed a total of two wall signs lone per street frontage). As shown on the revised building elevations, wall signage has been proposed on all of the restaurant's facades. The south, east and west elevations each have two signs although only one per facade is allowed. A listing of the proposed signs and their sizes is as follows: 2 Sign Location North Facade: Upper Play Room Wall South Facade: Upper Play Room Wall Upper Trash Enclosure Wall East Facade: Upper Play Room Wall Upper Restaurant Wall West Facade: Upper Play Room Wall Upper Restaurant Wall TOTAL BURGER KING PROPOSED SIGN TABLE Type of Sign Burger King - Identification Burger King - Identification Burger King - Burger Logo Burger King - Identification Message Board Size (square feet) 22.5 22.5 16.0 22.5 36.0 Burger King - Identification Message Board 22.5 36.0 178.0 Overall, a total of 300 square feet of signage, consisting of two signs, would be allowed on two facades by Ordinance. Variances granted by the City Council for signs shall be made by finding of fact that an undue hardship or injustice exists if a variance were not granted and may grant such variations based upon consideration of the following: 1. That particular physical surroundings, shape or topographical conditions of the specific parcel of land involved exist. 2. That the condition involved is unique to the particular parcel of land involved. 3. That the purpose of the variation is not based exclusively upon a desire to increase the value of income potential of the business involved. 4. That the alleged difficulty or hardship is caused by this Ordinance and has not been created by any persons presently having an interest in the parcel. 5. That the granting of the variation will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood. 6. That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets or interfere with the function of the police and fire departments of the City. 3 Although variances are considered a policy decision by the City Council, NAC staff suggests that due to the willingness by the applicant to compromise on the building style and the hardship resulting from the general lack of visibility from major roadways, a variance could be granted for some of the proposed signage. Staff would support a variance to allow a total of five signs requested by the applicant. The Burger King logo sign on the south facade is thought to be redundant in that other wall sign also says "Burger King ". Additionally, it is felt that only one message board is necessary near the main entrance of the building. The second message board facing Neal Avenue is redundant and staff questions how readable it will be from either the highway or frontage road. NAC staff feels that the variance can be justified based upon the following: 1. The Burger King parcel is not easily seen from State Highway 5 or 36 or from the intersection of the two highways. The elevation of the proposed restaurant is lower than either of the roadways or their intersection. Additionally, Burger King is not allowed its own pylon sign in that it is a part of Oak Park Ponds Center, which already has a pylon sign. 2. The applicant has removed the franchise architecture from the building's exterior so that it will blend with the existing architecture found in Oak Park Ponds Center. As a result, the "look" of a Burger King has been removed, thus justifying additional signage than what is allowable by the Zoning Ordinance. 3. The Zoning Ordinance allows a total of 300 square feet in two signs. Staff's recommendation is a total of 126 square feet in five signs. CONCLUSION AND RECOMMENDATION Based upon the preceding review, our office recommends approval of the amendment to the general development plan for the Oak Park Ponds PUD and conditional use permit and sign variance for the Burger King restaurant with the following conditions: PUD /CUP Conditions: 1. The building facade and architectural treatments for the proposed Burger King shall be as represented in the 22 January 1998 plan from RSP Architects Ltd. and a amended below. The lit A reen stri e at the to of the restaurant facade shall be removed.g p p The light fixtures on the building facade shall replicate the fixtures on the Oak Park Ponds Center facades. 4 4. The site's monument/freestanding sign is eliminated from the site plan. 6. 3. Smoke, odor and noise resulting from the restaurant shall be filtered and controlled so as not to impact neighboring properties and shall be in compliance with the smoke, odor and noise standards of the Oak Park Heights Zoning ordinance. Oppidan shall prepay all assessments for the Oak Park Ponds Center including the Burger King site, in compliance with the provisions of the development contract. A designated loading space is provided adjacent to the site's trash handling area. All lighting used to illuminate off - street parking areas is hooded and directed to deflect light away from adjacent rights -of -way. A lighting plan for the Oak Park Ponds Center including the Burger King site is submitted and is subject to City Council 1 approval. submitted and is subject to city Council approval. c LO ,t; ')01M - W i ' 10. The submitted grading and drainage plan is subject to review and approval by the City Engineer. 11. The submitted utility plan is subject to review and approval by the City Engineer. { 12. A landscape plan for the Oak Park Ponds Center including the Burger King site is submitted and is subject to City Council approval. , € y 13. Comments of other City staff. Sign Variance Conditions: 1. A total of five signs shall be allowed consisting of the following: South Facade: North Facade: East Facade: West Facade: TOTAL ALLOWED S I G NAG E: 126 square feet pc: Mayor and City Council Greg Dolphin Alan Kretman One Burger King sign not to exceed 22.5 square feet One Burger King sign not to exceed 22.5 square feet One Burger King sign not to exceed 22.5 square feet and One Message Board sign not to exceed 36 square feet One Burger King sign not to exceed 22.5 square feet 5 Joe Anderl i k Mark Vierling