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CUP 94-08 . � t Y O G '� �� ^ January 24, 1995 y o � y Planning Report CUP94-8 P K � CONDITIONAL USE PERMIT- WENDY'S Proposed Action. Staffrecommends the following motion: Move to a�prove Resolution RZ95-1 recommendin� a�p�roval of a conditional use �ermit to construct a Wendy's and Tim Horton's restaurant. Overview. The applicant is proposing to construct a Wendy's restaurant combined with a Tim Horton's restaurant on the southeast corner of County Road 3 and llth Avenue. The proposed development will not utilize the City property abutting County Road 3. The building will be oriented to l lth Avenue. The concept of the combined restaurants has been done in Canada by Wendy's, with Wendy's operating both. Tim Horton's is somewhat of a fast-food bakery/deli type facility which has most of their business in the mornings and Wendy's will have a lunch and supper crowd. Tim Horton's is open 24 hours and 7 days a week. In addition to the site plan using only the applicants property, the applicant, at the staffs ,--� request, has submitted two alternative site plans. The following are the alternative site plans: o A site plan landscaping the HRA property. o A site plan landscaping the HRA property with an access to County Road 3 at 9th Avenue. Primarv Issues to Consider. o What is the zoning of the property and the Comprehensive Plan designation of the subject site? o What are the conditions for a fast food restaurant in the Zoning Ordinance? o What axe the specifics of the development? o What are the alternative site plans? SupportinE Document5. o Analysis of Issues o Resolution RZ95-1 o Site plans „ � �� , Nancy �. Anderson, AICP Planner � i p � r` ` . �, a� 'e1'�, �'i'yi� y.e� �.�. }�2���� a -:'•�'`,: & t-�y` � .:-e� ��� . �H �y�. r _ 4� ..1. ; � � '. ,�� '� �`��'FP� l+� �� ?�l� � �� ' . . S .: 1��. ...`M'>+ ��i �."'� f ! �_._.. �� ` ' ;. .' }l� .... . . .� y �' . ..:� ,. ���:'ti�.�v�.'.\'=�`�•�y+a'. ..`�.'Y` , .... .. � .cJi\_ .. .. . ..i�'." . . l � -. ' . ' . . ... . � ,.. ... . . .. . .. -,_� ._ _ .. . . .. _ . . . '.�,1'a. . . / ` �. � l .. . ,ti':��-..�'ir�'..� � .... � . , - . .._ . CUP94-8 --� Page 2 Primary Issues to Consider. o What is the zoning of the property and the Comprehensive Plan designation of the subject site? The property is zoned B-3. A fast food restaurant is a permitted use with a conditional use permit. The Comprehensive Plan has designated the site as commercial. o What are the conditions for a fast food restaurant in the Zoning Ordinance? 1. the site is designed and constructed to handle parking and traffic flow according to a plan submitted to and approved by the city; 2. the site drainage is designed and constructed according to a plan submitted to and approved by the city; 3. that screening be provided along the property lines to control headlight beams when abutting an R residential district; 4 the lighting shall be accomplished in such a way as to have no direct source of light visible from the public right-or-way or adjacent land in an R residential district; 5. that the front yard and side yard shall be landscaped with the front yard not less than 20 feet and side yard not less than ten feet; 6. that provisions be made to pick up the adjacent neighborhood daily relative to material � initiated on the site. The applicant will meet a11 of the above requirements. o What are the specifics of the development? Landscaping At the staffs request the applicant has submitted the following landscape plans: landscaping only the R.L. Johnson site landscaping the R.L. Johnson site and the City property without an access to County Road 3 landscaping the R.L. Johnson site and the City property with an access to County Road 3 The Zoning Ordinance requires 20 trees for the site. The landscape plan has more than the required number of trees on the applicants site. The plan shows landscaping on all sides of the site and internal landscaping in the parking lot. The applicant will be irrigating the entire site. Any landscaping on the HRA property will have to be approved by the HRA. ^ A landscape architect did review the proposed landscaping on the HRA site. He recommended�that the landscaping is as far south as possible to accommodate the landscaping CUP94-8 Page 3 with the County Road 3 improvements. The applicant will move the landscaping if landscaping is put on the HRA property. -- City Engineer The Engineering Department has reviewed the preliminary grading and utility plan and has found it acceptable. There will be ponding on the area adjacent to l lth Avenue. When l lth Avenue is upgraded and the additional rtght-of-way taken, the storm sewer will be upgraded at this time to accommodate the drainage from this site. The applicant will have to get approval from the Watershed District for the proposed plan. The City's consulting engineer, Dale Folen from RCM reviewed the proposed drainage plan for the site. Overall the applicants plan was found to be acceptable, with some minor changes as detailed in the Resolution. Mr. Folen recommended that there is a barrier on the west side of the pond for safety. Fire Marshal The Fire Marshal has reviewed the plans. The access is acceptable but the applicant needs to verify hydrant locations for the Fire Marshal to review. Parking The site is required to have 64 parking spaces. The site plan shows 72 parking spaces. The site plan indicates that some of the parking spaces are 9'x 18' with a two foot overhang. The � Zoning Ordinance requires parking spaces of 9' x 20', the parking spaces on the site plan will comply with the Zoning Ordinance. Trash The trash enclosure will be located at the east side of the site. The trash area will be enclosed with a brick exterior. The trash area will also have Austrian pine on two sides that will screen • the trash enclosure. Access/Traf�ic The access to the site will be from l lth Avenue. The applicant has shown another access to County Road 3 using the City property. This access has been reviewed with the traffic study and is acceptable. At this time the 9th Avenue access is an option for the HRA to consider. Any access from County Road 3 will have to be approved by Hennepin County. A traffic study was completed by the applicant. The traffic study concluded that the site design as proposed would not decrease the level of service at the County Road 3/l lth Avenue intersection. Benshoof and Associates also reviewed the applicants traffic study and recommended that the building is moved to the east. The site plan has been revised to meet the recommendations of the Benshoof review. � CUP94-8 "-' Page 4 It should be noted that in the future a median may be e�ended south on l lth Avenue and will limit the l lth Avenue access to a right-in/right-out. Exterior The exterior of the building will be brick. Right of Way Additional right-of-way will be needed for the upgrading of l lth Avenue. The site plan has identified additional right-of-way to be taken from 11 th Avenue. The applicant will not landscaped this area, but will sod the area. This area will also be used as a storm water holding pond until l lth Avenue is upgraded. At the time l lth Avenue is upgraded, the storm sewer pipe will be also be upgraded to accommodate the drainage for this site and the R.L. Johnson 13 acre site. Setbacks The following are the required and the proposed setbacks: Rec�uired Proposed �-. Front yard 20 feet 182 feet North side yard 10 feet 56 feet South side yard 10 feet 46 feet Rear yard 15 feet 125 feet Drive-thrus The site plan show two drive-thrus, one for Wendy's and a second for Tim Horton's. Benshoof reviewed the applicants traffic study and proposed to modify the site plan for more stacking. The applicant revised the site plan and with the revised site plan there should be plenty of stacking for the drive-thrus. The proposed site plan will have significant more stacking than the McDonalds on Shady Oak Road. Signage The applicant has agreed to provide a monument for signage instead of a pylon sign. Details of the sign has not been identified. Staff is recommending that the monument sign is approved by staff. The site plan also shows signage on the west and north sides of the building. A sign permit will be required for the signs. ..., Sidewalk The site plan indicates a sidewalk along l lth Avenue. CUP94-8 Page 5 o What are the alternative site plans? , The following are the alternative site plans which would involve the HRA/City property north of the subject site: o Utilize the HRA property north of subject site for landscaping only. The applicant has agreed to landscape and maintain the HRA property. (see site plan L1.2) Staff would-recommend that if this alternative is considered that there is an execution of an agreement between the applicant and the HRA. o Utilize the HRA and City property north of the subject site for access and landscaping. (see site plan L1.3) Representatives of Wendy's would agree to provide the City/HItA the following in conjunction with the use of this property: o no pylon signage to be constructed o provide HRA/City with $10,000 up front user fee payment o deed at no cost triangular property east of the water tower o deed at no cost the required future right-of-way on the westerly portion of the property, east of 11 th Avenue. o landscape and maintain HRA property o construct at the applicants expense an access road from County Road 3 which would include an access to the City water tower property o agree to move access from County Road 3 to 8th Avenue intersection -- at applicants cost if determined necessary and appropriate at a future date by the City. o execution of an agreement between the City/HRA with the conditions above. o reimburse the HRA from any difference between the approved value of the City/HRA property and the right-of-way to be deeded to the City along l lth Avenue Staff is recommending that the Planning Commission recommend approval of the Conditional Use Permit for only the applicants site. If the Planning Commission would prefers one of the alternatives, staff will forward this recommendation. � CUP94-8 �. Page 6 Alternatives 1. Recommend approval of the conditional use permit. By recommending approval of the conditional use permit the City Council will consider a recommendation of approval. 2. Recommend denial of the of the conditional use pernut. By recommending denial of the conditional use permit, the City Council will consider a recommendation of denial. If the Planning Commission considers this alternative, findings will have_to be identified that support this alternative. 3. Continue for further information. If the Planning Commission indicates that further information is needed, the item should be continued. � �� CITY OF HOPKINS � Hennepin County, Minnesota RESOLUTION NO: RZ95-1 RESOLUTION MAKING FINDINGS OF FACT AND RECOMNIENDING FOR APPROVAL AN APPLICATION FOR A CONDITIONAL USE PERMIT TO CONSTRUCT A WENDY'S AND TIM HORTON'S RESTAURANT WHEREAS, an application for a conditional use permit CUP94-8 made by Wendy's to construct a restaurant on the southeast corner of County Road 3 and l lth Avenue is recommended for approval. WHEREAS, the procedural history of the application is as follows: 1. That an application for a conditional use pernut CUP94-8 was filed with the City of Hopkins on November 30, 1994 2. That the Hopkins Planning Commission, pursuant to published and mailed notices, held a public hearing on the application and reviewed such application on December 27, 1994 and January 31, 1995, all persons present at the hearing were given an opportunity to be heard. — 3. That the written comments and analysis of the City staff and the Planning Commission were considered. 4. A legal description of the subject property is as follows: The West 505.00 feet of that part of Lot 1, Auditor's Subdivision Number One Hundred Ninety Five (195), Hennepin County, Minnesota, lying East of the East line of llth Avenue South; EXCEPT, That part of Lot 1, Auditor's Subdivision Number One Hundred Ninety Five (195), Hennepin County, Minnesota, lying East of a line drawn parallel to and distant 409.00 feet Easterly from the East line of Eleventh Avenue South, as said Eleventh Avenue South was there reestablished (46 feet in width) by deed dated August 20, 1993, recorded in the office of the Register of Deeds, Hennepin County, Minnesota, on December 31, 1930, as Document No. 1626685 in Book 1236 of Deeds, Page 416. Also EXCEPT, lying Westerly of a line described as follows: Commencing at the Northwest corner of Northeast Quarter of the Northwest Quarter of Section 25, Township 117, Range 22; thence run Northwesterly at an angle of 90 degrees, 18 minutes 22 seconds with the North line of said Section for a distance of 49.00 feet; thence deflect 90 degrees 00 minutes 00 seconds right for a distance of 668.08 feet; thence deflect right at an angle of 90 degrees 26 minutes 06 seconds a distance of 239.00 feet along a line � Page 2 —� hereafter referred to as Line "A"; thence defect left at an angle of 90 degrees 00 minutes 00 seconds for a distance of 45.00 feet to a point hereinafter referred to as Point A; thence deflect to the right 92 degrees 51 minutes 45 seconds to the South line of the above described tract, being the actual point of beginning of the line to be described; thence run Northerly to said Point A; thence continuing Northerly, parallel with said Line A for a distance of 109.02 feet; thence deflect right along a tangential curve having a radius of 90.00 feet (delta angle 90 degrees 26 minutes 06 seconds) and there terminating. NOW THEREFORE, BE IT RESOLVED that the application for conditional use permit CUP94-8 is hereby recommended for approval based on the following Findings of Fact: 1. That a fast food restaurant is permitted in the B-3 zoning district with a conditional use permit 2. That the applicant meets the requirements for a conditional use pernut for a fast foot restaurant. BE IT FURTHER RESOLVED, that application for CUP94-8 is hereby recommended for approval based on the following conditions: 1. That the e�cterior of the trash enclosure is brick. ^ 2. That the site has monument sign as detailed in the site plans. 3. That the entire site is imgated. 4. That the Watershed District approves the applicants proposal. 5. That the subject property is platted. 6. That the development is constructed as per the plans submitted. 7. That the Fire Marshal finds the hydrant locations acceptable. 8. That the drive apron is 8" in depth. 9. That the applicant construct a traffic barrier on the west of the pond that is acceptable to staff. 10. That the pond outlet has a skimming device. 11. That the discharge point is set so that each pipe draining to the pond is near the elevation of the bottom of the pond. The discharge end of the pipe in the northwest corner of the site must be lowered to about elevation 910 feet MSL. 12 That there is erosion protection at the discharge of storm sewer pipes that drain into the pond. Adopted this 31 st day of January, 1995. --� Dan Johnson, Chairperson 21 ! 2 ) 5� LOCATION MAP p 1I20 (2) y _ II) 9 �S� � � (6) 2 920 �p ,;�.: ::;:;: •., (17) (4) Q . �` • x �:ti �3) - � • :�Y'�• •h � :�y , � �_y•/,�.. ` ,• .•L�ti':.:�Y.'�I'�•ti�•••!�{•~••'•• ••f � � � . •'•�� titi•• � O . 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