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HomeMy WebLinkAbout7B, Planning Case 08-026 -- ~.LLS Request for Council Action Prepared By: Meagan Beekman, City Planner Council Meeting Date: October 27, 2008 Conditional Use Permit Amendment at 3751 Lexington Avenue to Reconstruct a Burger King into an Arby's Restaurant Budgeted Amount: $0.00 Actual Amount: $0.00 Funding Source: Recommendation: Approve Planning Case 08-026 for a Conditional Use Permit Amendment at 3751 Lexington Avenue for the reconstruction of an existing Burger King into an Arby's Restaurant Based on the Findings of Fact and the Submitted Plans as Amended by the Eleven Conditions in the October 27, 2008, Memo to the City Council. Supporting Documents: 1. October 27, 2008, Memo to the City Council 2. Planning Commission Minutes from October 1, 2008 3. Conditional Use Permit Amendment 4. Planning Case Report 08-026 to the Planning Commission ~ ~HILLS MEMORANDUM DATE: October 27, 2008 TO: Mayor & City Council FROM: Meagan Beekman, City Planner if; , SUBJECT: Planning Case #: 08-026 Conditional Use Permit Amendment Arby's Restaurant 3751 Lexington Avenue Reauest Approve Planning Case 08-026 for a Conditional Use Permit Amendment at 3751 Lexington Avenue for the reconstruction of an existing Burger King into an Arby's Restaurant Based on the Findings of Fact and the Submitted Plans as Amended by the Eleven Conditions in the October 27, 2008, Memo to the City Council. Back2round The existing Burger King Restaurant operates under a Conditional Use Permit that was approved in 1988 (PC# 88-014). The applicants have requested a CUP amendment to reconfigure the existing business into an Arby's restaurant. The existing building would remain. The interior of the building would be significantly altered; however those changes do not impact the CUP Amendment application. In addition to the exterior modifications to the building, the applicant is proposing to restripe the parking lot to add additional accessible parking stalls, replace the sidewalks around the building to comply with ADA ramp requirements, replace the existing menu board, add a canopy over the speaker area, replace all of the existing signage, paint the existing light poles, remove the exposed dumpster, and redo the landscaping. The Burger King restaurant and the Kennedy Transmission building, located immediately to the north, were both approved through CUPs in 1988. At the time the two properties were a single property and, while approved under different planning cases, were reviewed as a single site plan. City of Arden Hills City Council Meetingfor October 27,2008 \ \Metro-inet. us \ ardenh ills \Planning\Planning Cases \2008\08-026 Arby's CUP Amendment (PC Approved) \102708 - CC Report - Arbys CUP Amendment. doc Page 1 of5 In 1989 the properties were split; however the original site plan and approved CUPs are still in effect for both properties. The lot split; however, does make them separate parcels, and impacts the City's regulations regarding signage requirements. An amendment to the original CUP is required because of the exterior modifications that are proposed to the building and is not impacted by the new tenant, since the use of the building is not changing. Sie:nae:e Arby's Restaurant Group has not yet finalized their plans for a freestanding sign at the project location. The existing Burger King has a free standing pylon sign that is shared with the Kennedy Transmission businesses and is located on the adjacent property. Due to the City's off premise sign regulations, this sign became legally non-conforming when the lots split. Arby's has the option of replacing the Burger King sign face portion of this sign with their own logo, on the condition that the sign does not increase in size. They also have the option of constructing a separate monument style sign on the property where the Arby's is located, which would bring the property into conformance with the Sign Code. Either option will require a sign permit prior to the installation of the sign and must meet the requirements of the City's Sign Code. Plannine: Commission Comments The Planning Commission reviewed this application at their October 1, 2008, meeting. While the Planning Commission did not amend the recommended conditions of approval for the application, they did ask Staff to look into the feasibility of requiring the construction of a sidewalk along the Lexington Avenue right-of-way, or the funds to construct it at a later date. Staff consulted with the City Attorney who determined that there was no legal basis within the Zoning Code to require this as a condition of approval. Additionally, the Planning Commission raised a concern over the number of red awnings depicted in the proposed elevations of the building, particularly on the south side of the building. This side of the building will be substantially screened from view of adjacent property due to the privacy fence that will be constructed; however, Arby's did indicate they would be open to reducing the number of awnings on this side. The conditions of approval have not been altered, though the City Council has the discretion to require fewer awnings. Findine:s of Fact The Planning Commission offers the following twenty three findings of fact for review: General Findings: City of Arden Hills City Council Meetingfor October 27,2008 \ \Metro-inet.us\ardenhills\Planning\Planning Cases\2008\08-026 Arby's CUP Amendment (PC Approved) \102708 - CC Report - Arbys CUP Amendment. doc Page 2 of5 1. Fast-food restaurants are a conditional use in the B-3 Zoning District 2. The existing fast-food restaurant operates under an approved CUP (PC# 08-014) 3. An amendment to the CUP is required because of the proposed exterior modifications to the building and site 4. The proposed plans do not impact the City's landscaping or tree preservation requirements 5. The applicant is proposing to amend the approved landscaping plan by adding three trees and several shrubs and perennials 6. The proposed plans are not anticipated to impact lighting on the site because the heads of the lights are only proposed to be replace and the light poles painted 7. The mechanical equipment would be screened from view 8. The exterior dumpster would be removed and relocated to the existing garage. The dumpster would be kept within the garage and therefore screened from view Minimum Requirements for Drive-In Businesses, Fast Food Restaurants and Automobile Service Stations Findings: 9. The lot is landscaped to approximately 40 feet from the front property line, 20 feet from the side property line, and 15 feet from the rear property line. 10. The drive-thru speaker is located fifty feet from the nearest property line. 11. Adequate snow storage is available because the parking lot is not being reconfigured 12. A screening fence is not currently shown on the proposed plans but is required by the Zoning Code 13. The design of the structure is compatible in the B-3 Service Business District 14. The signs have been included in the CUP Amendment application for review and approval from the Planning Commission and City Council. 15. No traffic or circulation hazard is anticipated because the parking lot and drive aisles are not proposed to be modified. 16. A divided entry with a center island is provided on site with access onto Lexington A venue. On the Conditional Use Permit Evaluation Criteria: 17. The proposed plan would not have any impact on traffic or parking conditions because the parking lot, entrance, and drive aisles are not proposed to be changed 18. The proposed plan will not produce any permanent noise, glare, odors, vibration, smoke, dust, air pollution, heat, liquid or solid waste, and other nuisance characteristics 19. The proposed plan will not impact drainage because the drainage is not being altered 20. The proposed plan will not impact population density because the proposed use is not residential 21. The proposed plan is not expected to have a significant impact on visual and land use compatibility with uses and structures on surrounding land or adjoining land values because the use is not changing and the visual impacts of the proposed changes are an improvement to what is existing City of Arden Hills City Council Meetingfor October 27,2008 \ \Metro-inet.us\ardenhills\Planning\Planning Cases \2008 \08-026 Arby's CUP Amendment (PC Approved) \102708 - CC Report - Arbys CUP Amendment. doc Page 3 of5 22. Park dedications are not applicable 23. The proposed plan does not conflict with the general purpose and intent of the zoning code or the Comprehensive Development Plan for the City. Recommendation The Planning Commission reviewed Planning Case 08-026 and unanimously recommends approval (7-0) of the Conditional Use Permit Amendment based on the findings of fact and the submitted plans as amended by the following eleven conditions: 1. The project shall be completed in accordance with the plans submitted as amended by the conditions of approval. Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission and City Council. 2. A Conditional Use Permit Amendment drafted by the City Attorney shall be signed by the applicant, and the property owner, prior to the issuance of any building permits. 3. A building permit shall be obtained for all proposed building and site alterations. 4. The number of accessible parking stalls shall meet ADA requirements 5. The applicant shall install a wood screening fence, subject to the approval of the City Planner, along the south and west property lines that screens the drive-thru area from adjacent properties. 6. The applicant shall repair any damaged curb and gutter on their property. 7. The applicant shall not remove any trees on the site and shall conform to the approved Landscaping Plan. 8. The applicant shall remove the exposed refuse dumpster and relocate it to the existing garage. The dumpster shall remain screened within the garage. 9. The existing Burger King sign located on the free standing pylon sign shall be removed regardless of whether Arby's utilizes that space for signage or not. 10. All new signage shall require a sign permit prior to installation and shall meet the requirements of the City's Sign Code. 11. The neon window sign shall constitute 18 square feet of the permitted 38 square feet of window signage. Options 1. Approve the proposal as submitted. 2. Approve the proposal with conditions. 3. Deny the application with reasons for denial. If the City denies the petitioners request, "... it must state in writing the reasons for the denial at the time it denies the request." 4. Table for additional information. City of Arden Hills City Council Meetingfor October 27,2008 \ \Metro-inet. us \ ardenh ills \Planning\Planning Cases \2008 \08-026 Arby's CUP Amendment (PC Approved) \102708 - CC Report - Arbys CUP Amendment. doc Page 4 of5 Deadline for A2encv Actions The City of Arden Hills received the completed application for this request on September 15, 2008. Pursuant to Minnesota State Statue, the City must act on this request by November 14, 2008 (60 days), unless the City provides the petitioner with written reasons for an additional 60 day review period. The City may, with the consent of the applicant, extend the review period beyond the initial 120 days. Attachments A: Planning Commission Minutes from October 1, 2008 B: Conditional Use Permit Amendment C: Planning Case Report 08-026 to the Planning Commission City of Arden Hills City Council Meetingfor October 27,2008 \ \Metro-inet.us\ardenhills\Planning\Planning Cases\2008\08-026 Arby's CUP Amendment (PC Approved) \1 02708 - CC Report - Arbys CUP Amendment. doc Page 5 of5 Attachment A Planning Commission Meeting Minutes From October 1, 2008 October 27, 2008, City Council Meeting October 1, 2008, DRAFT Planning Commission Minutes PLANNING CASE # 08-026: CUP AMENDMENT: ARBY'S RESTAURANT GROUP: 3751 LEXINGTON AVENUE - PUBLIC HEARING City Planner Meagan Beekman reported that Arby's Restaurant Group is requesting approval of a Conditional Use Permit (CUP) Amendment to reconstruct the existing Burger King restaurant located at 3751 Lexington Avenue into an Arby's Restaurant. She stated the reconfiguration would include minor alterations to the landscaping and signage, improvements to the parking lot, sidewalks, and lighting, as well as significant exterior modifications of the building. She explained that a CUP amendment, rather than a new CUP, is required because the existing Burger King operates under an existing CUP and the use is not changing, just the business. Ms. Beekman reviewed the proposed site plan and stated the applicant will be adding three new trees on the site, along with shrubs and perennials to improve the landscaping. She stated the site plan meets the City's signage requirements and noted whatever is ultimately approved would need a sign permit to meet the zoning code. She stated the auxiliary signs on the property would be replaced and would also need to meet the requirements of the code. She stated the applicant will also be required to install a six foot privacy fence along the south and west property lines to screen the adjacent property. She indicated staff recommends approval of the CUP based on the findings of fact and the eleven conditions noted in the October 1, 2008, staff report. Chair Larson noted there is no walkway along the west side of Lexington Avenue and asked if the applicant plans to install a walkway in the future. Ms. Beekman replied that long-term City plans show a sidewalk running north- south along Lexington Avenue. Chair Larson asked if there is a provision requiring that the applicant provide a sidewalk at this time. Ms. Beekman replied there is currently not a requirement in the Code to require that a sidewalk be put in; however, sidewalks will be made part of City policy in the B-2 District, which could be extended into the B-3 district, if the City Council so wishes. Chair Larson opened the public hearing at 7:48 p.m. Mr. Steve Lazenby, Director of Construction for Arby's Restaurant Group, appeared before the Planning Commission and presented several photographs of the current building and the proposed remodel, including a sample Arby's remodel. Commissioner Sand asked about the anticipated schedule in terms of renovation. Mr. Lazenby replied construction will begin after the first of the year and they anticipate.a 56-day construction schedule with a completion date in March or April. He added the building will be closed during that time. Commissioner Stodola stated she has seen several people walking to this location and encouraged the applicant to incorporate a better walking path to the building; she added this walkway could serve to increase their business. Commissioner Thompson concurred. Mr. Lazenby stated they would be happy to take this under consideration. He added they are leasing the property so any additional walkway would be up to the current property owner. Commissioner Thompson expressed concern about the over-use of the red awnings on the building and asked the applicant to give consideration to minimizing the amount of canopy on the south side of the building. Mr. Lazenby stated the red awnings are part of the Arby's major brand and indicated if no awnings are installed, there would be a blank wall; as a result, Arby's fills that space with awnings. He stated in addition, the awnings have lights underneath them to help light the exterior of the building. Mr. Don Soukup appeared before the Planning Commission and stated he has owned the property for twenty years. He stated his relationship with the City has been very good and he appreciates the City's cooperation. Chair Larson closed the public hearing at 7:57 p.m. Commissioner Stodola noted that condition #10 contains a typographical error and should state "all proposed wall and monument signs shall require a sffig &gn permit prior to installation." Chair Larson asked about the pedestrian walkway and whether the fact that it is on Ramsey County right-of-way means that even if the applicant wanted to, Arby's could not construct a sidewalk there. He asked if there was a condition the Planning Commission could add to make sure that the sidewalk is constructed along all the properties. He suggested that staff review this issue and provide language prior to this case coming before the City Council. Ms. Beekman stated the County has been supportive of this and supported the recent crossing over the railroad tracks. She explained that ultimately, when the City wants to put in a sidewalk, there are different financing tools available, with assessments being the most common or placing funds in escrow for this purpose. Chair Larson directed staff to look into the escrowing of funds for the approximate cost of the sidewalk in the form of an assessment, and to present this language to the City Council as a possible additional condition to approval of the CUP amendment. Commissioner Holewa stated he would hope that Ramsey County would pay for the sidewalk. Chair Larson stated that he felt a condition or some other form of additional language needs to be added to make sure that regardless of the method of funding, that Arby's is aware of it. He reiterated his request to staff to investigate the issue further and add language that a sidewalk is a desirable feature of this project, but is not part of the Planning Commission's approval process at this point. Commissioner Sand indicated the prospective lessee has indicated they would likely provide an accessible path on the property that they lease and have expressed a good faith proposal that they would add a path if and when appropriate. Mr. Soukup noted that any sidewalk would have to be close to the street due to the drainage ditch running along Lexington Avenue. He expressed support for a pedestrian walkway on the north side of Lexington Avenue. Commissioner Holewa stated condition #9 requires the existing Burger King sign located on the free standing pylon be removed and noted this sign is not on the applicant's property. Ms. Beekman stated this condition was crafted with the understanding that the property owner wanted the sign removed; either way, the property owner is aware and the condition was made with the understanding that the property owner is aware of it. Chair Larson stated this represents a non-conforming sign and the sign ordinance requires that the sign be removed. Ms. Beekman stated the sign is non-conforming and noted in discussions with Community Development Director Lehnhoff, if the size of the sign does not change and only the face is changed, this was determined to be acceptable to staff. Commissioner Reiff moved, seconded by Commissioner Holewa, to recommend approval of Planning Case #08-026, for a Conditional Use Permit Amendment at 3751 Lexington Avenue based on the findings of fact and the submitted plans as amended by the eleven conditions in the October 1, 2008 Planning Case, and amending condition # 10 to state "all proposed wall and monument signs shall require a sffig ~ permit prior to installation." The motion carried unanimously (7-0). This Planning Case will be reviewed at the Monday, October 27, 2008, City Council meeting. Attachment B Conditional U se Permit Amendment October 27, 2008, City Council Meeting STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS CONDITIONAL USE PERMIT AMENDMENT PC# CASE NO. 08-026 1.0 Recitals. A. Soukop Limited Liability Partnership, a Minnesota Limited Liability Partnership ("Soukop") is the record fee owner of the following described property situated in Ramsey County Minnesota: All that part of the East half of the Southeast quarter of Section 27 Township 30 Range 23 described as follows: Commencing at the East quarter corner of said Section 27; thence running southerly on the East line of said Section 27 for 1 ,297.1 feet; thence run westerly at right angles to said line for 90 feet; thence run northerly and parallel to said line a distance of 250 feet to the place of beginning; thence continuing northerly along said parallel line a distance of 125 feet; thence run westerly at right angles to said line a distance of 435.6 feet; thence run southerly at right angles and parallel to said line a distance of 125 feet; thence easterly at right angles a distance of 435.6 feet more or less to the point of beginning ("Property") . B. The Property is located in a B-3 Zoning District and is currently used as a Burger King restaurant pursuant to the regulation of the City of Arden Hills, Minnesota ("Arden Hills") and that certain Special Use Permit issued by the Arden Hills City Council on July 25, 1988 as contained in Arden Hills Planning Case file #88-15 ("Original SUP"). C. Sometime after 1998 the Arden Hills began referring to a "Special Use Permit" as a "Conditional Use Permit" ("CUP"). D. Soukop wishes to convert the Burger King fast food restaurant to an Arby's fast food restaurant and to make the necessary site and building improvements ("Improvements"). Soukop has entered into an Agreement or otherwise made arrangements with Franchise Associates, LLC, a Minnesota Limited Liability Corporation to construct the Improvements and to manage the Arby's Fast Food Resturant. E. On the 15th day of September, Soukop submitted a completed Land Use application for a CUP Amendment ("Application"). F. At a public hearing on October 1, 2008, the Arden Hills Planning Commission reviewed the Application; the report and comments of the Arden Hills staff; the reports and comments submitted by Soukop and its representatives; the comments of members of the public; and recommended approval of a CUP Amendment for Planning Case 08-026 subject to certain conditions. 2.0 Approval of Conditional Use Permit Amendment. On the 27th day of October, 2008, the Arden Hills City Council; A. Reviewed the Application, the recommendations of the Arden Hills Planning Commission, the reports and comments of the Arden Hills staff, the comments Soukop and its representatives, and the comments of members of the public who chose to speak. B. Considered the effects of the proposed use of the Property upon the health, safety, convenience and general welfare of the owners and occupants of the surrounding land, in particular, and of the community as a whole, in general, including but not limited to the following factors: existing and anticipated traffic and parking conditions; noise, glare, odors, vibrations, smoke, dust, air pollution, heat, liquid or solid waste, and other nuisance characteristics; drainage; population density; visual and land use compatibility with uses and structures on surrounding land; park dedications where applicable, and the orderly development of the neighborhood and the City within the general purpose and intend of its Zoning Code and Comprehensive Plan. C. Made the following findings: 1. General: a. Fast food restaurants are a Conditional Use in the B 3 Zoning District. b. The existing fast food restaurant operates under an approved CUP (PC #08-014 - previously referred to as a Special Use Permit). c. An Amendment to the CUP is required because of the proposed exterior modifications to the building and site. d. The proposed plans do not impact the City's landscaping or tree preservation requirements. e. The applicant is proposing to amend the approved landscaping plan by adding three (3) trees and several shrubs and perennials. 2 f. The proposed plans are not anticipated to impact lighting on the site because the heads of the lights are only proposed to be replaced and the light poles painted. g. The mechanical equipment would be screened from view. h. The exterior dumpster would be removed and relocated to the existing garage. The dumpster would be kept within the garage and therefore, screened from view. 2. Relating to Zoning Code Requirements for Fast Food Restaurants: a. The Property is landscaped to approximately forty (40) feet from the front property line, twenty (20) feet from the side property line, and fifteen (15) feet from the rear property line. b. The drive-thru speaker is located fifty (50) from the nearest property line. c. Adequate snow storage is available because the parking lot is not being reconfigured. d. A screened fence is not currently shown on the proposed plans but is required by the Zoning Code. e. The design of the structure is compatible in the B 3 Service Business District. f. The signs have been included in the CUP Amendment Application for review and approval from the Planning Commission and City Council. g. No traffic or circulation hazard is anticipated because the parking lot and drive aisles are not proposed to be modified. h. A divided entry with a center island is provided on site with access to Lexington Avenue. 3. Relating to CUP Evaluation Criteria: a. The proposed plan would not have any impact on traffic or parking conditions because the parking lot, entrance, and drive aisle are not proposed to be changed. b. The proposed plan will not produce any permanent noise, glare, odors, vibrations, smoke, dust, air pollution, heat, liquid or solid waste, and other nuisance characteristics. 3 c. The proposed plan will not impact drainage because drainage is not being altered. d. The proposed plan will not impact population density because the proposed use is not residential e. The proposed plan is not expected to have a significant impact on visual and land use compatibility with uses in structures on surrounding land or adjoining land values because the use is not changing and the visual impacts of the proposed changes are an improvement to what is existing. f. Park dedications are not applicable. g. The proposed plan does not conflict with the general purpose and intent of the Zoning Code or the Comprehensive Plan for the City of Arden Hills. D. Approved the CUP Amendment subject to the following conditions: 1. The project shall be completed in accordance to the plan submitted as amended by the conditions of approval. Any significant changes to these plans as determined by the City Planner, shall require review and approval by the Planning Commission and City Council. 2. The CUP Amendment shall be executed prior to the issuance of any Building Permits. 3. A Building Permit shall be obtained for all proposed building and site alterations. 4. The number of accessible parking stalls shall meet ADA requirements. 5. The applicant shall install a wood screening fence, subject to approval by the City Planner, along the south and west Property lines that screens the drive-thru area from adjacent properties. 6. The applicant shall repair any damaged curb and gutter on the Propertyu 7. The applicant shall not remove any trees on the Property and shall conform to the approved landscaping plan. 4 8. The applicant shall remove the exposed refuse dumpster and relocate it to existing garage, the dumpster shall remain screened within the garage. 9. The existing Burger King sign located on the free standing pylon sign shall be removed regardless of whether Arby's utilizes that space for signage or not. 10. All new signage shall require a sign permit prior to installation and shall meet the requirements of the City's Sign Code. 11. The neon window sign shall constitute eighteen (18) square feet of the permitted 38 square feet of window signage. 12. The building improvements, site improvements, and signage shall be in compliance with the plans and specifications contained in Arden Hills Planning File 08-026, which have been signed by the City Planner. 3.0 Priority. Where the terms of the Conditional Use Permit Amendment are inconsistent with the terms of the Original SUP, the terms of this CUP Amendment shall apply. 4.0 Compliance. Soukop, for its self and its successors and assigns, hereby agrees to comply with all of the conditions of approval. Dated: 27th day of October, 2008. 5 CITY OF ARDEN HILLS By: Its: Mayor STATE OF MINNESOTA ) ) SSe COUNTY OF RAMSEY ) On this _ day of , 2008, before me, a Notary Public within and for said county, personally appeared , to me know to be the Mayor of the City of Arden Hills, and s/he executed the foregoing instrument and acknowledged that s/he executed the same by authority and on behalf of the City of Arden Hills. Notary Public CITY OF ARDEN HILLS By: Its: City Administrator STATE OF MINNESOTA ) ) SSe COUNTY OF RAMSEY ) On this _ day of , 2008, before me, a Notary Public within and for said county, personally appeared , to me know to be the City Administrator for the City of Arden Hills, and s/he executed the foregoing instrument and acknowledged that s/he executed the same by authority and on behalf of the City of Arden Hills. Notary Public 6 SOUKOP LIMITED LIABILITY PARTNERSHIP By: Name: Title: STATE OF MINNESOTA ) ) SS. COUNTY OF RAMSEY ) On this _ day of , 2008, before me, a Notary Public within and for said county, personally appeared , to me know to be the of , and s/he executed the foregoing instrument and acknowledged that s/he executed the same by authority and on behalf of the Soukop Limited Liability Partnership. Notary Public 7 Franchise Associates, LLC By: Name: John Todd Title: Senior Vice President STATE OF MINNESOTA ) ) SSe COUNTY OF RAMSEY ) On this _ day of , 2008, before me, a Notary Public within and for said county, personally appeared John Todd, to me know to be the Senior Vice President of Franchise Associates, LLC, and he executed the foregoing instrument and acknowledged that he executed the same by authority and on behalf of the Franchise Association, LLC. Notary Public F:\users\Jessica\Jerry\Arden HiIIs\Arbys - Permit v4doc 8 Attachment C Report to the Planning Commission From October 1, 2008. Available online at: http://www.ci.arden-hills.fin.us/planningcases October 27, 2008, City Council Meeting