Loading...
10-24 Resolution No. 11433 RESOLUTION NO. 11433 RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND VARIANCES FOR A RESTAURANT WITH DRIVE-THRU AT 6529 PENN AVENUE AND SITE PLAN APPROVAL AT 6545 PENN AVENUE AND 2210 66TH STREET W WHEREAS, an application has been filed with the City of Richfield which requests approval of a conditional use permit and variances to allow a Class III (fast food / convenience) restaurant at property commonly known as 6529 Penn Avenue and site plan approval and sign variances at the property commonly known as 6545 Penn Avenue and 2210 66th Street West, legally described as parcels 1, 2 and 3 on the attached certificate of survey; and WHEREAS, the Planning Commission of the City of Richfield held a public hearing for the requested conditional use permit and variances at its September 25, 2017 meeting; and WHEREAS, the Planning Commission recommended approval of the conditional use permit for a restaurant and variances for building setbacks, buffer yard requirements, and off- premise signage, and recommended denial of variances for drive-thru speaker setback and minimum building coverage requirements, as described below; and WHEREAS, notice of the public hearing was published in the Sun Current on July 13 and September 14, 2017 and mailed to properties within 350 feet of the subject property on August 15, 2017; and WHEREAS, the requested conditional use permit meets the requirements necessary for issuing a conditional use permit as specified in Richfield's Zoning Code, Subsection 547.09 and as detailed in City Council Staff Report No.184; and WHEREAS, the Zoning Code states that any drive-up service window, teller or order station, or exterior loudspeaker shall be located at least 150 feet from any parcel with residential uses on the first floor, Subsection 537.05, Subd. 5; and WHEREAS, the Zoning Code states that minimum building coverage of 25% is required for sites of 2 acres or less, and the maximum rear setback shall be 15 feet, Subsection 537.07; WHEREAS, the Zoning Code states that a buffer yard of at least 15 feet shall be provided adjacent to residential property to protecting the values, quietude and privacy of the housing, Subsection 544.03, Subd. 6; WHEREAS, the Zoning Code prohibits the use of signs that advertise a product, business, service, event, or any other matter that is not available, or does not take place, on the same premises as the sign (off-premise signs), Subsection 549.21; WHEREAS, Minnesota Statutes Section 462.357, Subdivision 6, provides for the granting of variances to the literal provisions of the zoning regulations in instances where their enforcement would cause "practical difficulty" to the owners of the property under consideration; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. The City Council adopts as its Findings of Fact the WHEREAS clauses set forth above. 2. With respect to the application for a variance from Subsection 537.05, Subd. 5, the City Council makes the following findings: The narrow depth of this parcel creates a practical difficulty for any property owner wishing to include a drive-thru along this section of Penn Avenue. The narrow depth of this parcel is a unique circumstance not created by this applicant. Granting the requested variance will not alter the character of the neighborhood, as drive-thru equipment specifications including information about noise levels and volume controls must be approved by the Community Development Director prior to installation. Equipment must include Automatic Volume Control (AVC) and city noise ordinances shall apply at all times. The variance requested is the minimum necessary to alleviate the practical difficulty, as the speaker is placed as far from the adjacent residential property as possible. The variance is in harmony with the general purpose and intent of the ordinance and consistent with the Comprehensive Plan. 3. With respect to the application for variances from Subsection 537.07, the City Council makes the following findings: Strict enforcement of this requirement would cause a practical difficulty. The applicant is proposing to use the property in a reasonable manner. The applicant would be permitted by right to replace the existing building as is under Minnesota State nonconformity laws. Instead, the applicant has proposed a new building that will significantly improve the site and bring it closer to compliance with other dimensional regulations. The Code exempts sites under two acres from the mixed use requirement. Given these facts, it is reasonable to allow a new, architecturally and functionally improved stand-alone building with drive-up service on this particular site. Granting the requested variance will not alter the character of the neighborhood or locality. It is anticipated that this will be an improvement to the area. The variance requested is the minimum necessary to alleviate the practical difficulty and does not conflict with the purpose or intent of the Ordinance or Comprehensive Plan. 4. With respect to the application for a variance from Subsection 544.03, Subd. 6, the City Council makes the following findings: Strict enforcement of this requirement would cause a practical difficulty in restricting proper drive aisle width, vehicle circulation, and landscaping on other areas of the site. Unique circumstances apply in that the existing parcel dimensions are narrow and cannot feasibly be enlarged. Granting the requested variance will not alter the character of the neighborhood or locality. The improvements proposed will benefit the surrounding neighborhood by improving the aesthetics of the site, particularly along Penn Avenue. No negative impacts are expected. The variance requested is the minimum necessary to alleviate the practical difficulty. Space is not available to create additional parking. The proposed variance does not conflict with the purpose or intent of the Ordinance or Comprehensive Plan. 5. With respect to the application for a variance from Subsection 549.21, the City Council makes the following findings: The combined acreage of the properties is below one acre and therefore not eligible to be considered as a Planned Unit Development, under which the off-premise signage could be permitted. The right-in/right-out access on both Penn Avenue and 66th Street are unique circumstances not created by this applicant. Granting the requested variance will not alter the character of the neighborhood or locality, as the total sign quantity and/or sign area is similar to existing. The variance requested is the minimum necessary to alleviate the practical difficulty. The variance is in harmony with the general purpose and intent of the ordinance and consistent with the Comprehensive Plan, as all signs shall comply with the Penn Avenue Corridor Design Guidelines. 6. Based on the above findings, a variance is hereby approved to reduce the drive-thru speaker setback requirement to not less than 85 feet, subject to the conditions below. 7. Based on the above findings, variances are hereby approved to reduce the required minimum building coverage to 9.64% to allow a building of 1,995 square feet, and to exceed the maximum rear building setback requirement. 8. Based on the above findings, a variance is hereby approved to reduce the required buffer yard adjacent to residential property to not less than 11.5 feet. 9. Based on the above findings, a variance is hereby approved to permit the use of off- premise signs, subject to the conditions below. 10. A conditional use permit is issued to allow a Class Ill (fast food/convenience) restaurant, as described in City Council Letter No. 184, on the Subject Property legally described above. 11. This conditional use permit is subject to the following conditions in addition to those specified in Section 547.09 of the City's Zoning Ordinance: • A recorded copy of the approved resolution must be submitted to the City prior to the issuance of a building permit. • Approval of a preliminary plat shall be required prior to the issuance of a building permit and approval of a final plat, including proof of recording, shall be required prior to the issuance of a certificate of occupancy. The parcels at 6645 Penn Avenue and 2210 West 66th Street shall be combined. A cross access agreement between the various parcels is required and must be recorded prior to occupancy. Proof of recording must be provided to the City. The plat shall accommodate a 10-foot drainage and utility easement requested by Hennepin County. • Drive-thru equipment specifications including information about noise levels and volume controls must be approved by the Community Development Director prior to installation. Equipment must include Automatic Volume Control (AVC). City noise ordinances shall apply. • A revised landscape plan shall be submitted, including taller tree species with the capability to mature to similar height as the existing trees in this area. Additional landscaping shall also be provided behind the menu board. • The property owner is responsible for the ongoing maintenance and tending of all landscaping in accordance with approved plans. • The applicant shall consider removal of the parking space facing 66th Street in the southwest corner of the property at 6645 Penn Avenue, to reduce impervious surface area and provide additional landscaping at the intersection. • The existing pylon sign at 6545 Penn Avenue must not encroach upon public right- of-way and must be reduced in size and/or rotated as necessary. Internally lit box signs are not permitted. Aside from channel letters, all signs shall be externally lit in accordance with the Penn Avenue Corridor Design Guidelines. Separate sign permits are required. • Curb radii on the Penn Avenue driveway access shall be reduced from R15' shown on plans to R10', pending Fire Department approval of truck maneuverability. The sidewalk (minimum 6' width) shall continue through the driveway, per Richfield Public Works requirements. • A striped pedestrian connection to the property at 6545 Penn Avenue shall be included, in accordance with Zoning Code Section 544.15. • Bicycle parking on each parcel must be provided in accordance with Zoning Code Section 544.17. • All new utility service must be underground. • All utilities must be located away from public right-of-way and screened from public view in accordance with Ordinance requirements. A screening plan is required prior to the issuance of a Building Permit. • Odor control systems are required to mitigate cooking odors in accordance with City Code Subsection 544.27. • All rooftop or ground mechanical equipment must be screened, per Zoning Code Section 544.05. • The applicant is responsible for obtaining all required permits, compliance with all requirements detailed in the City's Administrative Review Committee Report dated June 5, 2017, and compliance with all other City and State regulations. • Prior to the issuance of an occupancy permit, the applicant must submit a surety equal to 125% of the value of any improvements and/or requirements not yet complete. This surety shall be provided in the manner specified by the Zoning Code. 12. The conditional use permit and variances shall expire one year after issuance unless 1) the use for which the permit was granted has commenced; or 2) Building permits have been issued and substantial work performed; or 3) Upon written request of the applicant, the Council extends the expiration date for an additional period not to exceed one year. The Council hereby extends the expiration date for completion of the building improvements at 6545 Penn Avenue by an additional six months. All other site improvements shall be completed within one year. Expiration is governed by the City Zoning Ordinance, Section 547.09, Subdivision 9. 13. This conditional use permit shall remain in effect for so long as conditions regulating it are observed, and the conditional use permit shall expire if normal operation of the use has been discontinued for 12 or more months, as required by the City's Zoning Ordinance, Section 547.09, Subd. 10. Adopted by the City Council of the City of Richfield, Minnesota this 24th day of October 2017. Pat Elliott, Mayor ATTEST: -904/U))f Elizabeth VanHoose, City Clerk