Cond. Use Permits-Wendy'sPlanning Report CUP94 -8
January 24, 1995
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 11th Avenue. The proposed
development will not utilize the City property abutting County Road 3. The building will be
oriented to 1 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.
Nancy Anderson, AICP
Planner
Supporting Documents.
o Analysis of Issues
o Resolution RZ95 -1
o Site plans
CONDITIONAL USE PERMIT WENDY'S
Proposed Action.
Staff recommends the following motion: Move to approve Resolution RZ95 -1 recommending
approval of a conditional use permit to construct a Wendy's and Tim Horton's restaurant.
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:
A site plan landscaping the HRA property.
A site plan landscaping the HRA property with an access to County Road 3 at
9th Avenue.
Primary 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 are the specifics of the development?
What are the alternative site plans?
Primary Issues to Consider.
CUP94 -8
Page 2
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.
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 all of the above requirements.
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 1 lth Avenue. When 11th
Avenue is upgraded and the additional right -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 /Traffic
The access to the site will be from 1 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 /11th 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 extended south on 1 lth Avenue and will
limit the 1 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 1 lth Avenue. The site plan has
identified additional right -of -way to be taken from 1 lth 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 1 lth Avenue is upgraded. At the time 1 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:
Required 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 1 lth Avenue.
CUP94 -8
Page 5
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 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/HRA 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 1 lth 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.
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 1 lth Avenue
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.
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.
Alternatives
CUP94 -8
Page 6
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 permit. 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 RECOMMENDING 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 11th Avenue is recommended for approval.
WHEREAS, the procedural history of the application is as follows:
1. That an application for a conditional use permit 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 star 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 11th
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
r
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 permit 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 exterior 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 irrigated.
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 31st day of January, 1995.
Dan Johnson, Chairperson
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.
SUBJECT
PROPERTY
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I. BACKGROUND INFORMATION TAKEN FR
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NOTES:
I. BACKGROUND INFORMATION TAKEN FROM
SURVEY PROVIDED BY LOUCKS 6 ASSOCIATES.
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AS TO THE ACCURACY OF THE INFORMATION
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PRIOR TO CONSTRUCTION.
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GENERAL LEGAL DESCRIPTION
PART OF LOT I. AUDITOR'S 50201015100 N0. 105.
HENNEPIN COUNTY. MINNESOTA. LYING EAST
OF IITH AVE. SOUTH AS OPENED.
NOTES
I) THE BOUNDARIES OF THE PARCEL HEREON WERE SURVEYED USING
COUNTY MAPPING. H1ST0R■C SURVEYS. RECORDED PUTS AND PELC *051090055.
A 0ILE INSURANCE COMMITMENT MUST 00 PREPARED ON THE SITE 70
PROVIDE US AND TO VERIFY THE RECORD LEGAL DESCR1PION,
2) wE HAVE 500011 THOSE EASEMENTS KNOWN TO US ON THE SURVEY.
T1115 DOES N01 IMPLY THAT wt HAVE SHOWN ALL EASEMENTS OF
RECORD. WE HAVE NOT BEEN PROVIDED A TITLE INSURANCE CCAPAI1EN
ON THE PROPERTY TO ACCOMPUSH THAT.
2) AREA OF PARCEL SURVEYED HEREON: 77.195 SO FT
1.77 ACRES
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9.
EX]
20 40
NORTH SCALE IN FEET
12/1/94
REVIEWED FOR
ADA COMPLIANCE
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2.
PRELIMINARY
BIDDING
CONSTRUCTION=
WENDY'S
EXCELSIOR BOULEVARD
HOPKINS. MINNESOTA
PLAN No.
COMBO TIM HORTON'S
PROJECT I SHEET No.
WE9401 1 MA
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war Or NAY PROPOSED eR ell.
■—SCUrw Rw+T a WO, C.S.A.N. NO. S OW PC
'N UNE NN I/ SEC 2E -N2 -2L
H. C. S. A. H.
N90 00'00 "E 385.88
CONCRETE CURS GUTTER
0. 3 (EXCELSIOR BLVD.)
r N. UNE LO? L 40. O.O. NO IPS
PROVIDED PARKING:
PARKING SUMMARY:
REQUIRED PARKING:
64 STALLS
68 STANDARD STALLS
3 STANDARD HANDICAP STALLS
I HANDICAP VAN STALL
72 TOTAL STALLS
ALTERNATE 'B' DF CRPE`-
DRIVE ACCESS
SEE SHEET C2.2
NOTES:
1. BACKGROUND INFORMATION TAKEN FROM
SURVEY PROVIDED BY LOUCKS 6 ASSOCIATES.
LANDFORM ENGINEERING COMPANY OFFERS NO
WARRANTEE, EITHER EXPRESSED OR WRITTEN
AS TO THE ACCURACY OF THE INFORMATION
SHOWN. FIELD VERIFY ALL INFORMATION
PRIOR TO CONSTRUCTION.
2. DIMENSIONS SHOWN ARE TO FACE OF CURB
AND TO EXTERIOR FACE OF BUILDING
UNLESS NOTED OTHERWISE.
PARKING STALLS TO BE STRIPED WITH A 4
WIDE WHITE PAINTED STRIPE,
ED CROSSWALKS AND HANDICAP ACCESS AREAS TO
BE STRIPED WITH A 4' WIDE WHITE PAINTED
STRIPE 18' 0.C..
5. ACCESSABLE ROUTE TO COMPLY WITH ALL LOCAL
STATE, AND FEDERAL ADA REQUIREMENTS.
11
r=
II
j EXI
2 0
NORTH SCALE IN FEET
12/1/94
REVIEWED FOR
ADA COMPLIANCE
O
c
e
rc
m
1
a
u
9
d
6
9
4
PRELIMINARY M
BIDDING
CONSTRUCTION=
WENDY
EXCELSIOR BOULEVARD
HOPKINS. MINNESOTA
PLAN No.
COMBO +DY S
TIM NORTON S
PROJECT
WE9401
SHEET No.
C21
NOTE: SEE SHEET. C2.1
FOR BASE PLAN 40
INFORMATION.
N90'00'00 "E 385.88'
Dining
Area
1,
K u4 LOT t. Mn. Sit 40 X0
ACCESS TO CITY
PROPERTY TO BE
COORDINATED
WITH CITY STAFF
—SEE SHEET LI.3 FOR
ALTERNATE 'B LANDSCAPING
IN THIS AREA
EXISTING BUILDING
/4,
RIGHT TURN
ONLY
ENTER 0
EXIT
CONCRETE ISLAND_.
NOTE: CONSTRUCTION OF CURB CUT
ON HCSAH NO. 3 TO BE
COORDINATED WITH COUNTY STAFF.
ip 4C 25 -10-21
a o ev 0??
NOTES:
1. BACKGROUND INFORMATION TAKEN FROM
SURVEY PROVIDED BY LOUCKS 6 ASSOCIATES.
LANOFORM ENGINEERING COMPARy OFFERS NO
WARRANTEE. EITHER EXPRESSED OR WRITTEN
AS TO THE ACCURACY OF THE INFORMATION
SHOWN. FIELD VERIFY ALL INFORMATION
PRIOR TO CONSTRUCTION.
DIMENSIONS SHOWN ARE TO FACE OF CURB
AND TO EXTERIOR FACE OF BUILDING
UNLESS NOTED OTHERWISE.
NORTH SCALE
20 40
IN FEET
12/1/94
REVIEWED FOR
ADA COMPLIANCE
2
Q
2
PRELIMINARY N
BIDDING
CONSTRUCTIONCI
WENDY'S
EXCELSIOR BOULEVARD
HO MINNESOTA
PLAN No.
COMBO WENDY'S
T IM MOR TON'S
PROJECT
WE9401
SHEET No.
C2.2
,HELD rCUNC :RCN
117i7
9
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4.L.
H. C. S. A. H. NO. 3
OPUIDECA
CONCRETE C•.IRB CUTTER
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a...
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EXCELSIOR BLVD.
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MOIR
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illwwls 141..
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l.— .•••r*Owe Dm. 1 om.
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*II
NOMA
EXISSTLCC BUILDING
•V Ina
I •.t ...moo
1 1.1 1 1 11.11 1 mini l
SCUT"
C.S.
0 80 120
NORTH SCALE IN FEET
12/1/94
2
2
9
Q
J
0_
W
n..
0
03
0
Z
Z
2
J
W
D=
PRELIMINARY MN
BIDDING O
CONSTRUCTION=
\ENDY
EXCELSIOR BOULEVARD
HOPKIMS, MINNESOTA
PLAN No.
C O M BO TIM N
PROJECT) SHEET No
WE9401 I L1.2 71(1