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HomeMy WebLinkAbout2012-09-25 CC Meeting Packet Enclosure Enclosure 8 Oak Park Heights Request for Council Action Meeting Date September 25th, 2012 . Time Required: 10 Minutes Agenda Item Title: McDonalds — Conditional Use Permit / Variances/ Site Plan Review Agenda Placement New Business Originating Department/Reque o Eric Johnson, City Administrator Requester's Signature Action Requested S Attached Background /Justification (Please indicate ifany previous action has been taken or if other public bodies have advised): Please see the attached documents from Mr. Scott Richards / TPC: 1. Planning Report from Scott Richards, TPC dated September 6 2012. Exhibits can be found in your September Planning Commission Packets. 2. Approved Planning Commission Resolution — Unsigned. 3. Proposed City Council Resolution Page 31 of 128 • 3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231.5840 • - Facsimite: 763.427.0520 TPCPPlanningCo. corn PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: September 6, 2012 RE: Oak Park Heights -- McDonalds -- Conditional Use Permit for Drive Through, Parking and Drive Aisle Width, Sign Variance, Parking Setback Variance, and Design Standards /Site Plan Review - 14545 60 Street North TPC FILE: 236.02 —12.05 BACKGROUND Dale Shimek, representing McDonald's USA, has made applications for a Conditional Use Permit for drive through, parking and drive aisle width, Sign Variance, Parking Setback Variance, and Design Standards /Site Plan Review to allow demolition and construction of a new restaurant at its current location at 14545 60 Street North. The conditional use permit is to allow the construction of a drive through in the B -2 District, the sign variance is required to allow for more that two wall signs, and the setback variance is to allow the parking areas to be set back less than the required 10 feet from the property line. McDonald's received approvals from the City Council for a reconstruction of the restaurant on June 23, 2009. The owner chose not to move forward with the project at that time and the approvals have expired. The current plan is similar to the previous approved plan, but the appearance of the building has changed slightly. There would be no play space at the front of the structure as previously proposed. EXHIBITS The review is based upon the following submittals: Exhibit 1: Letter from Sean Lathrop, Reprise Design, August 27, 2012 Exhibit 2: Project Narrative, Landform, August 28, 2012 Exhibit 3: Title Sheet (C0.1) Page 32 of 128 • Exhibit 4: Existing Conditions (C1.1) Exhibit 5: Demolition (C1.2) Exhibit 6: Site Plan (C2.1) Exhibit 7: Grading, Drainage, Paving and Erosion Control (C3.1) Exhibit 8: Utilities (C4.1) Exhibit 9: Site Photometrics (EP2.1) Exhibit 10: Landscape Plan (L2.1) Exhibit 11: Proposed Exterior Elevations (A2.0) Exhibit 12: Floor Plans (A1.0) Exhibit`13: Floor Plans (A1.1) Exhibit 14: Exterior Elevations (A2.0) Exhibit 15: Exterior Elevations (A2.1) Exhibit 16: Pylon Sign Graphic (2 pages) Exhibit 17: Sign Details Exhibit 18: Light Fixture Specifications (3 pages) Exhibit 19: Lighting Details, Building Lighting Exhibit 20: Report of the City Arborist PROJECT DESCRIPTION Sean Lathrop has provided a cover letter found as Exhibit 1 and a project narrative from Landform describes the project in Exhibit 2. McDonald's USA, LLC is proposing demolition and construction of a new store at their location at 14545 60 Street. The project narrative addresses the site plan and request for the conditional use permits and variance. The cover letter discusses the general building design. ISSUES ANALYSIS Comprehensive Plan. The property is designated as Commercial on the Proposed Land Use Map. The McDonald's restaurant is consistent with this land use designation. Zoning. The property is zoned B -2 General Business District. Restaurants are a permitted use, but drive through and convenience food establishments are a listed conditional use. Section 401.301.E of the Zoning Ordinance lists criteria for review of drive through and convenience food establishments. All of the issues raised in those criteria have been addressed in this report. The one item that should be reviewed carefully by the Planning Commission is the first criterion that specifies compliance with the Design Guidelines. Subdivision. The property is platted as Lot 1, Block 1 Raduenz Addition. There are no changes requested related to the lot or easements. 2 Page 33 of 128 ' I Setbacks. Building setbacks required in the B -2 District are as follows: Building Setbacks Required Proposed Front 40 feet 60 feet Side 10 feet 64 feet west / 52 feet east Rear 20 feet 145 feet The building setbacks are complaint with the Zoning Ordinance requirements. Currently, the parking lot abuts the property line in locations on the west and east and a 16 foot setback is provided on the south. The proposed site plan indicates a 10.5 foot setback on the west, 4.5 feet on the east, and 19 feet on the south. A variance from Section 401.15.F.4.h.17) will be required to allow for the reduction in required side yard setback. The applicant has provided a review of the criteria found in Section 401.04.A.5 of the Zoning Ordinance related to issuance of a variance. In accordance to Oak Park Heights Zoning Ordinance (Section 401.04.A.5), McDonald's is requesting a variance to the required 10 foot side setback along the east property line. Below is a narrative by the applicant providing justification and proof of hardship. a. Undue hardship will result if the variance is denied due to the existence of special conditions and circumstances which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district. 1) Special conditions may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, shallowness, insufficient area or shape of the property. Undue hardship is created by the special conditions of this small, narrow lot. The existing lot is only 160 feet wide, which is insufficient to allow reconstruction of the restaurant without a variance. 2) Undue hardship caused by the special conditions and circumstances may not be solely economic in nature, if a reasonable use of the property exists under the terms of this Title. The existing restaurant does not meet the required parking setbacks and approval of the variance would reduce the non - conformity by increasing the western parking setback to 10.5 feet (which meets current parking setback standards) and increasing the eastern parking setback to 4.5 feet. The variance is needed to alleviate the hardship caused by the unique conditions of the site and would reduce the existing nonconformities. 3) Special conditions and circumstances causing undue hardship shall not be a result of lot size or building location when the lot qualifies as a buildable parcel. The unique circumstances are the result of the specific lot and the variance will reduce existing non - conformities. 3 Page 34 of 128 • b. Literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance or deny the applicant the ability to put the property in question to a reasonable use. The ordinance allows drive -in restaurants in the B-2 District, but full compliance with current ordinance standards would deprive the landowner of the right to redevelop the existing restaurant to continue to function. The redevelopment would reduce the existing nonconforming parking setbacks, would improve internal traffic operations and would allow construction of a new restaurant with improved landscaping. The new parking setbacks would exceed the existing setbacks on this property as well as other restaurants in the immediate vicinity. c. The special conditions and circumstances causing the undue hardship do not result from the actions of the applicant_ The existing restaurant was built prior to adoption of the current parking setback requirements and is a legal nonconformity that can continue to perpetuity. We have made every effort to reduce or eliminate these nonconforming parking setbacks and ask for City approval if these changes. d. Granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures or buildings in the same district under the same conditions. Granting the variance will not confer special privilege to this property that is denied to other properties in the same district under the same conditions. In fact, this variance would allow the landowner to reduce the existing nonconformity on this lot by bringing the west lot line into compliance with the current parking setback requirements and increasing the parking setback on the east property line. This would result in a greater parking setback than other properties in the vicinity. e. The request is not a result of non- conforming lands, structures or buildings in the same district. The request is a result of nonconforming lands, structures or buildings in the same district. f. The request is not a use variance. The request is not a use variance. The restaurant with drive -in is an allowed use in the B -2 District. g. The variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant. The requested variance is the minimum variance necessary to accomplish the intended purpose of the applicant. In 2009, the City approved a variance to allow a 4 foot setback on the east property line. This revised site plan allowed us to redesign the site and request the requested variance to allow a 4.5 foot setback. This is the minimum variance necessary to accomplish the intended redevelopment purpose. 4 Page 35 of 128 h. The request does not create an inconvenience to neighboring properties and uses. The request does not create an inconvenience to neighboring properties and uses. The request would allow redevelopment of the existing restaurant in a manner that increases the property values, eliminates or decreases the nonconformities and improves internal traffic flows on the site Traffic Circulation /Curb Cuts. The site will be accessed by 60 Street. The proposed site plan indicates a one -way traffic flow through the site as currently configured. The storage building would be removed and the two drive -up order boards are proposed at the rear of the building. The site has been designed with diagonal parking, 14 foot/18 foot drive aisle, and 10 foot/13 foot drive - through lane in conformance with the City Engineer's recommendation and the Zoning Ordinance standards for parking Tots. Section 401.15.F.h.(2) specifies that one curb cut is allowed for 125 feet of lot frontage. With 160 feet of frontage on 60 Street North, the site is not in conformance with that provision. The two curb cuts are an existing situation and are to be replaced almost exactly as currently configured. The two curb cuts are to be 27 feet in width. The Zoning Ordinance requires curb cuts over 24 feet in width to be allowed only through conditional use permit. The applicant has requested the conditional use permit as part of the application. City staff recommends that the curb cuts be allowed to facilitate turning movements into and out of the site for delivery trucks and emergency vehicles. The applicant should provide additional information as to how deliveries will be made to the store, and where the unloading will take place. The frequency and time of deliveries should also be discussed by the Planning Commission and City Council. Parking. The following table provides an analysis of proposed and required parking spaces: Parking Area Required Requirements Spaces 1 per 35 square feet 2,133 X .9 = 1,920 SF dining /service 55 1 per 80 square feet 1,604 X .9 = 1,444 SF kitchen /storage 18 2 spaces Drive - through window 2 TOTAL 75 Per ordinance, the site would require 75 parking spaces. Currently, there are 67 spaces. The proposed site plan indicates a total of 59 spaces, three of which are disability accessible. The applicants have requested a conditional use permit to construct fewer spaces than what is required by ordinance. As part of their previous submittals the applicants provided examples of similar McDonald's currently constructed in the Metropolitan Area with fewer stalls than required by ordinance and similar in number to what is provided for the Oak Park Heights location. With much of the business being provided through the drive - through, the numbers of patrons sitting in the restaurant is much fewer than when the parking requirements were first established. 5 Page 36 of 128 In addition to the parking requirements, 180 feet of stacking space is required for the drive - through facilities. There is more than 200 feet of stacking space provided. With the dual ordering boards, the drive- through will be able to process orders quicker thus reducing the lines of cars that form . at this McDonald's location. In evaluation of the requested conditional use permit for a parking reduction, Section 401.04.A.7 of the Zoning Ordinance directs the Planning Commission and City Council to consider the possible effects of the proposed use, with that judgment based upon (but not limited to) the following factors: a. Relationship to the specific policies and provisions of the municipal comprehensive plan. b. The conformity with present and future land uses in the area. c. The environmental issues and geographic area involved. d. Whether the use will tend to or actually depreciate the area in which it is proposed. e. The impact on character of the surrounding area. f. The demonstrated need for such use. g. Traffic generation by the use in relation to capabilities of streets serving the property. h. The impact upon existing public services and facilities including parks, schools, streets, and utilities, and the City's service capacity. i. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). The Planning Commission and City Council should determine if a 16 stall reduction would be appropriate for the restaurant. Staff does not see the reduction of 16 stalls as significant for this type of restaurant. Snow Storage. The plans do not indicate an area for snow storage. The applicant has indicated that snow is hauled off site currently. That will also be done as part of the proposed site. Landscaping. The submitted landscape plan is subject to City Arborist review and approval. City Arborist comments are found as an exhibit to this report. As part of the plans, three Japanese Tree Lilacs are being removed at the east side of the site adjacent to 60 Street North. There appears as to be no reason why these trees are being removed. It is recommended that the trees remain as part of the landscape plan. Lighting. The submitted photometric plan illustrates light levels that exceed the maximum of .4 foot candles. The lighting must be revised and a photometric plan must be submitted that complies with Section 401.15.B.7.d. This section reads: "No light source or combination thereof which cast light on a public street shall exceed one (1) foot candle meter reading as measured from the centerline of said street nor shall any light source or combination thereof which cast Tight on adjacent property exceed four - tenths (0.4) foot candles as measured at the property line." 6 Page 37 of 128 • The Tight levels on the east property lines exceed the allowable Tight levels. The lighting plan shall be revised to comply subject to review and approval of City staff. Light standards may not exceed 25 feet from the ground surface to the top of the light fixture. The light fixtures, as provided in the application materials, are full cut off and compliant with the Zoning Ordinance. Any lights visible through the windows of the structure should also be shielded and full cut off. The plans include locations of LED up lighting that will illuminate the yellow arch features of the building. Exhibit 19 indicates the location of this lighting. The Zoning Ordinance allows for up lighting for architectural features, subject to approval of the City Council. The Planning Commission should comment on the use of the architectural lighting. Trash Storage. A trash storage room is included within the building with access from a door on the west elevation. Mechanical Screening. The plans indicate that the parapet walls are designed to totally screen the mechanical equipment. Noise. Sound levels from ordering and announcement equipment shall be in compliance with Section 401.15.8.11 of the City Zoning Ordinance. This section states that the emission of noise by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation NPC 7010, as may be amended. Grading, Drainage, Erosion Control and Utilities. Grading, drainage, erosion control, and utility plans are subject to review and approval by the City Engineer. Storm water issues are also subject to review and approval by the Middle St. Croix Watershed District. Overhead Distribution Lines. The applicant shall bury, or agree to pay for the burial, of the overhead distribution lines along 60 Street North. A condition has been added to address this issue. Signage. Freestanding Si n. The applicant has proposed that the existing freestanding sign at the front of the building remain as is. The sign is 35.6 feet in height and the face of the sign is set at the property line. The current sign includes a changeable message board. The Zoning Ordinance would allow one freestanding sign on the site no more than 100 square feet and at a maximum height of 20 feet. The sign, by ordinance, should be set back five feet from the property line. The sign is a legal non - conformity, but as part of any redevelopment conditional use permit, the City could require the sign to be removed and be replaced with a conforming freestanding sign. Staff recommends that it be removed and replaced with a compliant sign. In 2009, the City Council approved the project with the retention of the existing freestanding sign. 7 Page 38 of 128 Wall Signage. The following wall signage is proposed: Total No. Total Sign Square Feet of Signs Square Feet North Facade: "M" 10.75 square feet 1 10.75 McDonald's 41.25 square feet 1 41.25 East Facade: M" 10.75 square feet 1 10.75 McDonald's 41,25 square feet 1 41.25 South Facade: "m" 10.75 square feet 1 10.75 West Facade: "M" 10.75 square feet 1 10.75 TOTAL 7 The Zoning Ordinance would allow for two wall signs on separate building facades. The total allowable sign area, with the freestanding signs, would be 300 square feet. The applicant has proposed a total of seven wall signs with a total of 125.5 square feet. For other businesses along Highway 36, the City has granted variances for numbers of allowable signs, and usually allowed a total of three wall signs. Staff recommends that a variance be granted for three wall signs, each on a separate facade, with either the "M" or "McDonald's" being the choice of the applicant. Menu Boards /Directional Signage. The site plan indicates the location of two menu boards and overhead "order here" signage. The sign plan also identifies a freestanding enter sign that is not located on the site plan. The applicant should provide a diagram that shows the location of all freestanding signage that is proposed. The menu boards and overhead signage is allowable. Two additional directional signs at the entrance and exit would be allowed. Sign Illumination. All of the signs are proposed to be internally lit. The signs as designed should comply with the Zoning Ordinance lighting requirements. Staff will approve the lighting specifications for the signs at the time of permitting. Sign Variance. Variance criteria are provided in Section 401.04 of the Oak Park Heights Zoning Ordinance. The Planning Commission and the City Council should review the following criteria and conditions to determine if the variance for more than two wall signs is justified. Review Criteria. The Planning Commission and City Council should make a finding of fact that the proposed action will not: a. Impair an adequate supply of light and air to adjacent property. b. Unreasonably increase the congestion in the public street. 8 Page 39 of 128 • c. Have the effect of allowing any district uses prohibited therein, permit a lesser degree of flood protection than the flood protection elevation for the particular area or permit standards which are lower than those required by State law. d. Increase the of fire or endanger the public safety. e. Unreasonably diminish or impair established property values within the neighborhood, or in any way be contrary to the intent of this Ordinance. f Violate the intent and purpose of the Comprehensive Plan. g. Violate any of the terms or conditions of Item 5, below. Conditions for Approval. A variance from the terms of this Ordinance shall not be granted unless it can be demonstrated that: a. Undue hardship will result if the variance is denied due to the existence of special conditions and circumstances which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district. 1) Special cases may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, shallowness, insufficient area or shape of the property. 2) Undue hardship caused by the special conditions and circumstances may not be solely economic in nature, if a reasonable use of the property exists under the terms of this Title. 3) Special conditions and circumstances causing undue hardship shall not be a result of lot size or building location when the lot qualifies as a buildable parcel. b. Literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance or deny the applicant the ability to put the property in question to a reasonable use. c. The special conditions and circumstances causing the undue hardship do not result from the actions of the applicant. d. Granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structure or buildings n the same district under the same conditions. e. The request is not a result of non - conforming lands, structures or buildings in the same district. f. The request is not a use variance. g. The variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant. h. The request does not create an inconvenience to neighboring properties and uses. Due to the location of this business in that the building will have limited visibility from Highway 36, the applicants have indicated that allowing only two signs would cause an undue hardship for their business and the ability of customers to locate the building. A number of other businesses in the Highway 36 cooridor have asked for and received a similar variance for additional wall signage. The proposed signs are relatively small in size and granting a variance request will not create an inconvenience to neighboring properties and uses. The overall proposed signage of 125.5 square feet is less than what is allowable. For these reasons, Staff recommends that a variance be granted for three wall signs, each on a separate facade, with either the "M" or "McDonald's" being the choice of the applicant. Design Guidelines Sustainable Guidelines. City staff has questioned the applicant on how the project has been designed to achieve at least a certain degree of sustainability. The applicant will need to discuss the methods in building construction and site design with the Planning Commission of how these issues have been addressed. 9 Page 40 of 128 Architectural Guidelines. Facade Treatments The building will have a definite base, middle and top. The facades feature differences in materials and brick colors to provide architectural interest. Ground Level Ex ression This is a one story building with a raised tower feature at front entrance facing Highway 36. The main entrance is well defined by the awnings and signage. Transparency The building uses glass on all of the facades except for the rear. The Design Guidelines requires at least a 20 percent transparency on ground floor, street facing facades. The facade facing Highway 36 is 28 percent transparent. Entries The building features a prominent entries with stone wall materials, awnings and welcome signage. Roof Design The roofline is broken at the front by the corner tower feature and the arch. The rooftop mechanical equipment will be completely screened within the parapet of the building. Building Materials and Colors The applicant has provided color elevations for review. The primary building materials of brick, stone and glass will exceed the 60 percent requirement. None of the prohibited building materials will be used. Building material samples will be available at the Planning Commission meeting. Franchise Architecture The building is a franchise design but it is consistent with the basic principles of the Design Guidelines. This should be discussed by the Planning Commission. Site Design Guidelines Building Placement The proposed building has a well defined entrance facing Highway 36. The building is set back to allow for a front patio area and landscaping. Parking Areas The parking area is landscaped with perimeter plantings. Storm water Storm water will be addressed by the City Engineer. 10 Page 41 of 128 Pedestrian and Common Space Currently, there is no trail along 60 Street at this location. It is expected that 1 MNDot will install a trail when improvements are made to the frontage roads of 60 Street. Landscaping Building entrance plantings are required. The two entries do not include planting areas but seasonal pots could be added. The Planning Commission should comment. An outdoor seating area is provided adjacent to the front facade. That area is landscaped. Trees /Shrubs The trees and shrubs used in the landscape plan shall be subject to the review and approval of the. City Arborist. The Arborist has indicated that the plan is well designed with a good variety of plant materials. Utilites /Service /Loading /Drive- Through /Storage Areas Addressed elsewhere in the planning report. Lighting Addressed elsewhere in the planning report. Signage Addressed elsewhere in the planning report. Pedestrian/ Bicycle Routes A bike rack will be required. The applicant should identify a location. CONCLUSION / RECOMMENDATION Subject to the preceding review, City staff recommends approval of the following listed requests subject to the conditions that follow: • Conditional use permit (CUP) for a fast food restaurant with drive- through. • Conditional use permit to allow reduced parking requirement. • Conditional use permit to allow curb cuts greater than 24 feet in width. • Variance for reduced parking area setback. • Variance for number of allowed signs. • Design Standards /Site Plan Review 1. The applicant shall provide additional information as to how deliveries will be made to the store including the frequency and time of deliveries. 2. The Planning Commission and City Council should determine if a 16 stall reduction would be appropriate for the restaurant. 11 Page 42 of 128 3. The applicant shall provide a revised photometric and lighting plan that complies with the provisions of Section 401.15.B.7.d of the Zoning Ordinance. All light fixtures, including those within the building and visible through the windows, should be full cut off and compliant with the Zoning Ordinance. 4. All mechanical equipment on the roof or on the site shall be fully screened in accordance with the provisions of the Zoning Ordinance. 5. All noise generated from the store shall be compliant with Section 401.15.8.11 of the Zoning Ordinance. 6. All grading, drainage, erosion control, and utility plans are subject to review and approval of the City Engineer. Storm water plans are also subject to review and approval of the Middle St. Croix Watershed District. 7. The applicant shall bury the overhead distribution lines along 60 Street North. The timing of that improvement shall be coordinated with the burying of distribution lines in the area between Oakgreen and Osgood Avenues, along 60 Street North. The applicant shall escrow sufficient funds, as specified by the City Engineer, to complete the improvement or agree that the City will complete the work and petition for the public improvement, waiving notice of public hearing and assessments, as required under Minnesota Statute 429. 8. The Planning Commission and City Council shall comment on the use of the up lighting of the building's architectural features. 9. The Planning Commission and City Council shall comment on the building design and building materials. The applicant shall provide building material samples for Planning Commission and City Council review. 10. The applicant shall remove the existing freestanding McDonald's sign and replace it with a sign compliant with the signage requirements of the Zoning Ordinance. 11. The Planning Commission and City Council consider a variance for a total of three wall signs, each on a separate facade, with either the "M" or "McDonald's" being the choice of the applicant. 12. The ordinance allows two directional signs as long as they do not exceed 12 square feet. The applicant shall be allowed two directional signs at the 60 Street North entrance. 13. Outdoor lighting for the parking areas shall be turned off one hour after closing, except for approved security lighting. 14. All signs shall be designed to comply with the Zoning Ordinance requirements for internal illumination. 12 Page 43 of 128 15. The landscape plan shall be subject to the review and approval of the City Arborist. The three Japanese Tree Lilacs that are proposed to be removed at the east side of the site adjacent to 60 Street North shall remain as part of the landscape plan. 16. Building entrance plantings shall be required. The applicant shall revise the landscape plan or provide seasonal planters at the two entrances to the building. 17. A bike rack should be identified on the site plan and placed on site. pc: Julie Hultman 13 Page 44 of 128 A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY McDONALD'S USA, LLC FOR REMOVAL AND REPLACEMENT OF THE McDONALD'S RESTAURANT AT 14545 60' STREET NORTH REQUIRING CONDITIONAL USE PERMITS FOR A FAST FOOD RESTAURANT WITH DRIVE - THROUGH, CURB BUT WIDTH, AND REDUCED PARKING REQUEST; VARIANCES FOR REDUCED PARKING AREA SETBACK AND NUMBER OF ALLOWED SIGNS; AND DESIGN STANDARDS /SITE PLAN REVIEW SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from McDonald's USA, LLC for removal and replacement of the McDonald's Restaurant at 14545 60 Street North requiring conditional use permits for a fast food restaurant with drive - through, curb cut width, and reduced parking request; variances for reduced parking area setback and number of allowed signs; and Design Standards /Site Plan review; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights makes the following findings of fact: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT 13 and 3. The property is zoned 13 -2, General Business District in which fast food restaurants with drive- throughs are a conditional use; and 4. Other conditional use permits are requested to allow for curb cuts at 27 feet while the Zoning Ordinance requires a 24 foot maximum, and to construct 59 parking spaces while the Zoning Ordinance would require 75 for this site. Page 45 of 128 5. Variances are required for a reduced parking area setback of 4.5 feet while the Zoning Ordinance would require 10 feet and for six wall signs while the Zoning Ordinance allows for two. 6. City staff prepared a planning report dated September 6, 2012 reviewing the request; and 7. Said report recommended approval of the three conditional use permits, variances for parking area setback and wall signs, and Design Standards /Site Plan review subject to the fulfillment of conditions; and 8. The Planning Commission held a public hearing at their September 13, 2012 meeting, took comments from the applicants and public, closed the public hearing, and made the following recommendation: NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The application submitted by McDonald's USA, LLC for removal and replacement of the McDonald's Restaurant at 14545 60' Street North requiring conditional use permits for a fast food restaurant with drive- through, curb cut width, and reduced parking request; variances for reduced parking area setback and number of allowed signs; and Design Standards /Site Plan • review affecting the real property as follows: SEE ATTACHMENT A I3e and the same as hereby recommended to the City Council of the City of Oak Park I- Ieights for approval with the following conditions: 1. The Planning Commission recommends and the City Council approves the 16 parking stall reduction from parking requirements for the restaurant. 2. The applicant shall provide a revised photometric and lighting plan that complies with the provisions of Section 401.15.13.7.d of the Zoning Ordinance. All light fixtures, including those within the building and visible through the windows, should be full cut off and compliant with the Zoning Ordinance. 3. All mechanical equipment on the roof or on the site shall be fully screened in accordance with the provisions of the Zoning Ordinance. 4. All noise generated from the store shall be compliant with Section 401.15.B.11 of the Zoning Ordinance. 5. All grading, drainage, erosion control, and utility plans are subject to review and approval of the City Engineer. Storm water plans are also subject to review and approval of the Middle St. Croix Watershed District. 2 Page 46 of 128 • 6. The applicant shall bury the overhead distribution lines along 60 Street North. The timing of that improvement shall be coordinated with the burying of distribution lines in the area between Oakgreen and Osgood Avenues, along 60` Street North. The applicant shall escrow sufficient funds, as specified by the City Engineer, to complete the improvement or agree that the City will complete the work and petition for the public improvement, waiving notice of public hearing and assessments, as required under Minnesota Statute 429. 7. The Planning Commission recommends the plan with the use of the up lighting of the building's architectural features. 8. The Planning Commission was favorable with the building design and building materials. The applicant shall provide building material samples for City Council review. 9. The applicant shall be allowed to repair the existing freestanding McDonald's sign and it shall be allowed to remain on site. 10. The Planning Commission recommends a variance for a total of six wall signs as proposed. 11. The ordinance allows two directional signs as long as they do not exceed 12 square feet. The applicant shall be allowed two directional signs at the 60' Street North entrance. 12. Outdoor lighting for the parking areas shall be turned off one hour after closing, except for approved security lighting. 13. All signs shall be designed to comply with the Zoning Ordinance requirements for internal illumination. 14. The landscape plan shall be subject to the review and approval of the City Arborist. The three Japanese Tree Lilacs that are proposed to be removed at the east side of the site adjacent to 60 Street North shall remain as part of the landscape plan. 15. Plantings at the entrance lacing 60 Street North, either landscaping or seasonal planters, shall be required. 16. A bike rack should be identified on the site plan and placed on site. Recommended by the Planning Commission of the City of Oak Park Heights this 6 day of September, 2012. Chuck Dougherty, Vice Chair Page 47 of 128 ATTEST. Eric A. Johnson, City Administrator 4 Page 48 of 128 Attachment A Washington County GEO Code: 04.029.20.12.0009 Legal Description: Lot 1, Block 1, RaduenzAddition Physical Address: 14545 60 St. N. Page 49 of 128 ATTACHMENT B M .. Conditional Use Permit (CUP), Variances McDonalds USA LLC 14545 60 St. N. Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets /20 11X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (500' from subject property) Conference With City Staff Upon Application Submittal: August 22, 2012 Planning Commission Public Hearing & Recommendation: September 13, 2012 Conditional Use Permit - Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted'to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b) Variance — Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the variance shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building structure, addition or alteration, or use requested as part of this variance. The property owner shall have the right to submit an application to extend the approval of a variance to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.4.0 .1 — 401.4.C.2) Page 50 of 128 RESOLUTION NO. CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY McDONALD'S USA, LLC FOR REMOVAL AND REPLACEMENT OF THE McDONALD'S RESTAURANT AT 14545 60" STREET NORTH REQUIRING CONDITIONAL USE PERMITS FOR A FAST FOOD RESTAURANT WITH DRIVE- THROUGH, CURB BUT WIDTH, AND REDUCED PARKING REQUEST; VARIANCES FOR REDUCED PARKING AREA SETBACK AND NUMBER OF ALLOWED SIGNS; AND DESIGN STANDARDS /SITE PLAN REVIEW BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from. McDonald's USA, 1..1C for removal and replacement of the McDonald's Restaurant at 14545 60 Street North requiring conditional use permits for a fast food restaurant with drive- through, curb cut width, and reduced parking request; variances for reduced parking area setback and number of allowed signs; and Design Standards /Site Plan review; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the request be approved with conditions. The City Council makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT NT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT 13 and 3. The property is zoned 13 -2, General Business District in which fast food restaurants with drive- throughs are a conditional use; and 4. Other conditional use permits are requested to allow for curb cuts at 27 feet while the Zoning Ordinance requires a 24 foot maximum, and to construct 59 parking spaces while the Zoning Ordinance would require 75 for this site. • Page 51 of 128 • 5. Variances are required for a reduced parking area setback of 4.5 feet while the Zoning Ordinance would require 10 feet and for six wall signs while the Zoning Ordinance allows for two. 6. City staff prepared a planning report dated September 6, 2012 reviewing the request; and 7. Said report recommended approval of the three conditional use permits, variances for parking area setback and wall signs, and Design Standards /Site Plan review subject to the fulfillment of conditions; and 8. The Planning Commission held a public hearing at their September 13, 2012 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the request be approved with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by McI)onald's USA, LLC for removal and replacement of the McDonald's Restaurant at 14545 60 Street North requiring conditional use permits for a fast food restaurant with drive- through, curb cut width, and reduced parking request; variances for reduced parking area setback and number of allowed signs; and Design Standards /Site Plan review affecting the real property as follows: SEE ATTACHMENT A The City Council of the City of Oak Park heights approval of the variances for the parking area setback and additional wall signs is subject to the following findings of fact: 1. The variance criteria in Section 401.04 of the Zoning Ordinance have been reviewed and it has been determined by the Planning Commission and City Council that the variance criteria for the parking area setback and additional wall signs are justified. 2. The applicant is increasing the setback distances for the parking lot with the proposed plan and is reducing the existing nonconformity. 3. The unique circumstances are the result of the existing narrow lot. The resulting setback areas will provide adequate space for landscaping. 4. Due to the location of this business in that the building will have limited visibility from Highway 36, allowing only two wall signs would cause an undue hardship for the business and the ability of the customers to locate the building. 5. The four additional wall signs ensure visibility and identification of the restaurant from both east and west bound traffic on Highway 36. 2 Page 52 of 128 • The approvals are subject to the following conditions: 1. The City Council approves the 16 parking stall reduction from parking requirements for the restaurant. 2. The applicant shall provide a revised photometric and lighting plan that complies with the provisions of Section 401.15.B.7.d of the Zoning Ordinance. All light fixtures, including those within the building and visible through the windows, should be full cut off and compliant with the Zoning Ordinance. 3. All mechanical equipment on the roof or on the site shall be fully screened in accordance with the provisions of the Zoning Ordinance. 4. All noise generated from the store shall be compliant with Section 401.15.13.11 of the Zoning Ordinance. 5. All grading, drainage, erosion control, and utility plans are subject to review and . approval of the City Engineer. Storm water plans are also subject to review and approval of the Middle St. Croix Watershed District. 6. The applicant shall bury the overhead distribution lines along 60 Street North. The timing of that improvement shall be coordinated with the burying of distribution lines in the area between Oakgreen and Osgood Avenues, along 60 Street North. The applicant shall escrow sufficient funds, as specified by the City Engineer, to complete the improvement or agree that the City will complete the work and petition for the public improvement, waiving notice of public hearing and assessments, as required under Minnesota Statute 429. 7. The City Council approves the plan with the use of the up lighting of the building's architectural features. 8. The City Council is favorable with the building design and building materials. 9. The applicant shall be allowed to repair the existing freestanding McDonald's sign and it shall be allowed to remain on site. 10. The City Council approves a variance for a total of six wall signs as proposed. 1 1. The ordinance allows two directional signs as long as they do not exceed 12 square feet. 'T'lie applicant shall be allowed two directional signs at the 60 Street North entrance. 12. Outdoor lighting for the parking areas shall be turned off one hour after closing, except for approved security lighting. 13. All signs shall be designed to comply with the Zoning Ordinance requirements for internal illumination. 3 Page 53 of 128 • 14. The Landscape plan shall be subject to the review and approval of the City Arborist. The three Japanese Tree Lilacs that are proposed to be removed at the east side of the site adjacent to 60 Street North shall remain as part of the landscape plan. 15. Plantings at the entrance facing 60` Street North, either landscaping or seasonal planters, shall be required. 16. A bike rack should be identified on the site plan and placed on site. Approved by the Planning Commission of the City of Oak Park Heights this 25' day of September, 2012. David Beaudet, Mayor ATTEST: S'l': Eric A. Johnson, City Administrator 4 Page 54 of 128 Attachment A Washington County GEO Code: 04.029.20.12.0009 Legal Description: Lot 1, Block 1, Raduenz Addition Physical Address: 14545 60 St. N. Page 55 of 128 • ATTACHMENT B Conditional Use Permit (CUP), Variances McDonalds USA LLC 14545 60 St. N. I I Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets /20 11X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (500' from subject property) Conference With City Staff Upon Application Submittal: August 22, 2012 Planning Commission Public Hearing & Recommendation: September 13, 2012 Conditional Use Permit - Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b) Variance — Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the variance shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building structure, addition or alteration, or use requested as part of this variance. The property owner shall have the right to submit an application to extend the approval of a variance to the Zoning Administrator not Tess than thirty (30) days before the expiration of said approval. (401.4.0 .1 — 401.4.0.2) Page 56 of 128