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Home My WebLink About1998-02-04 NAC Report for 02-10-1998 CC Meeting - Packet Enclosure 5CEnclosure 5C NO,-,(THWEST ASSOCIATE,, CONSULTANTS INC COMMUNITY PLANNING DESIGN MARKET RESEARCH PLANNING REPORT - Addendum TO: Jud Holst FROM: Scott Richards DATE: 4 Februar 1998 RE: Oak Park Hei - Bur Kin Restaurant and Si Varian FILE NO: 798.02 - 97.14 BACKGROUND In December of 1997, Dolphin Real Estate Development made an application for approval of a 3,348 s foot Bur Kin Restaurant on Lot 1, Block 1 of Oak Pond Addition. Approval of the restaurant has been held pendin review of final desi plans and an application for a si variance. The restaurant received PUD concept plan approval this Summer and is zoned PUD, Planned Unit Development. The g eneral site plan elements have been approved b staff subject to the conditions listed in the 7 Januar 1998 plannin report. Onl the buildin elevation plans and si plans have chan since that report. Attached for reference.- Exhibit A- Revised Buildin Elevation and Si Plan (color copies will be provided to y ou separate from this report) Exhibit B: Exterior Elevations - Existin Retail Center ISSUES ANALYSIS Architectural Appearance. The appearance of the structure has been revised so that it matches the buildin constructed in the Oak Park Ponds Center, specificall 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 554 16 PHONE 6 1 2 5 9 5 -9636 FAX 6 1 2 -595 - 9 8 87 E- MAI L NA INTERNET.COM expanded on the Burger ding 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 will 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. All 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. Signagea The proposed restaurant is allowed a total of two wall signs (one 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: 6 BURGER KING PROPOSED SIGN TALE Sign Location Type of Sign Size (square feet North Facade: Upper Play Room Wall Burger King - Identification 22.5 South Facade: Upper Play Room Wall Burger King - Identification 22.5 Upper Trash Enclosure Wall Burger King - Burger Logo 16.0 East Facade: Upper Play Room Wall Burger King - Identification 22.5 Upper Restaurant Wall Message Board 36.0 West Facade: Upper Play Room Wall Burger King - Identification 22.5 Upper Restaurant Wall Message Board 36.0 TOTAL 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: 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: The Burger King parcel is not easily seen from state Highway 5 or 38 or from the intersection of the two highways. The elevation of the proposed restaurant is louver 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. Based upon the preceding review, our office recommends approval of the amendment to the general development plan for the oak Park Ponds PULE and conditional use permit and sign variance for the Burger King restaurant with the following conditions: PUD/CUP Conditions: 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 as amended below. 2. The lit green stripe at the top of the restaurant facade shall be removed. 3. The light fixtures on the building facade shall replicate the fixtures on the oak Park Ponds center facades. 0 4. The site's monument /freestanding sign is eliminated from the site plan. 5. 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. 6. 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. 7. A designated loading space is provided adjacent to the site's trash handling area. S. 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. A landscape plan for the oak Park Ponds Center including the Burger King site is submitted and is subject to city Council approval. 13. comments of other City staff. 1. A total of five signs shall be allowed consisting of the following: south Facade: one Burger King sign not to exceed 22.5 square feet North Facade: one Burger King sign not to exceed 22.5 square feet East Facade: one Burger King sign not to exceed 22.5 square feet and One Message Board sign not to exceed 36 square feet West Facade: one Burger King sign not to exceed 22.5 square feet TOTAL ALLOWED sIGNAGE: 126 square feet pc: Mayor and city Council Greg Dolphin Alan Kretman Joe Anderl i k Mark Vierl i ng 5 �s ■i 'NW `S_LHJ;i_jH ; UVCJ �A CV Y1GC3�flHO MVIR.1it AIIMY1' {d "C"n 1Ndu nvisAu ONN UDOL i i �i U fl Q _ ....^ V:'•7 C:l ,�+C,WS'7d ___ ti•I CFW.=1>2w I'M r w 13•s:l are u 11�le7 -- - - - -- 7-: a.a,n Imn w 011 is aurasr c.•. ,y�..a. � f�+ rovoa s'[a; 01 mca L6F1 a3G:J373❑ 04 -Ur4 a7 �Ag 1JFrilo NpLLYz�Id 07J. 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