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Item 08
April 12, 2012 Item No. APRIL 16, 2012 CITY COUNCIL MEETING MCDONALD'S CONDITIONAL USE PERMIT Proposed Action Staff recommends adoption of the following motion: Move to approve the McDonald's conditional use permit and adopt the findings of fact dated April 16, 2012. Adoption of this motion will allow the construction of a McDonald's restaurant in the Crossroads commercial development at 17701 Cedar Avenue with 24 hour operation. Overview Representatives of McDonald's USA, LLC have submitted an application for a conditional use permit to allow construction of a McDonald's convenience food restaurant with 24 hour service. The proposed project will remove the existing Dino's Gyros building but will use the existing foundation. Minor site modifications are also proposed. The Planning Commission held a public hearing at their April 5, 2012 meeting. The Planning Commission's motion to recommend to the City Council approval of the conditional use permit subject to nine stipulations resulted in a 2 -2 vote. Stipulations 3 and 7 have been addressed with the submittal of a revised site plan. The cash security for the proposed landscaping will be submitted with the building permit application. The McDonald's conditional use permit plans meet Zoning Ordinance requirements. Staff recommends approval of the McDonald's conditional use permit subject to the stipulations listed in the conditional use permit form. Primary Issues to Consider What site improvements are proposed with the McDonald's conditional use permit? Supporting Information • Analysis of Issues • Conditional Use Permit form • Findings of fact • Revised site plan dated April 9, 2012 • April 5, 2012 Planning Commission draft meeting minutes • March 30 12 planning report and March 29, 2012 engineering report PA4u Frank Dempsey, AICP, Associate Planner Financial Impact: $ None Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Zoning Ordinance Notes: Staff Analysis of Primary Issues The existing site includes a two tenant, 4,560 square foot convenience food restaurant building with 80 parking spaces and a single drive - through order queuing lane. The existing restaurant building will be removed and a new 4,590 square foot McDonald's convenience food restaurant building will be constructed on the existing foundation. McDonald's proposes double drive - through order queuing lane to provide more efficient service delivery and vehicle stacking. The double drive through order lanes will result in the removal of the existing parking spaces on the south side of the building. All other site conditions remain essentially the same. If McDonald's chose to remodel the existing building and not make the proposed drive through modifications, no conditional use permit would be required. Staff supports the proposed double drive through improvements to increase service delivery. 2 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA CONDITIONAL USE PERMIT NO. 12- 1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville approves a Conditional Use Permit for McDonald's USA, LLC to allow the construction of a new McDonald's convenience food restaurant located at 17701 Cedar Avenue. 2. Property. The permit is for the following described property located in the City of Lakeville, Dakota County, Minnesota and legally described as follows: Lot 1, Block 1, Crossroads 1 Addition 3. Conditions. The permit is issued subject to the following conditions: a) The hours of operation is permitted to be 24 hours, seven days a week. b) The site and building improvements shall comply with the plans approved by the City Council. c) All new signage shall meet the requirements of the Zoning Ordinance. A sign permit is required prior to the installation of any signs. d) All exterior lighting shall meet the requirements of the Zoning Ordinance. e) A building permit is required prior to commencing any building construction. 1 f) The parking of any vehicles, including delivery vehicles, shall not occur on the internal Crossroads private drive located between the McDonald's restaurant and Cub Foods. g) The proposed site improvements are subject to the review of the City Engineer. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of the permit. 5. Lapse. If within one year of the issuance of this permit construction of the McDonald's restaurant has not commenced, this permit shall lapse. 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Date: April 16, 2012 CITY OF LAKEVILLE BY: Mark Bellows, Mayor BY: Charlene Friedges, City Clerk The following instrument was acknowledged before me this 16 day of April, 2012 by Mark Bellows, Mayor and by Charlene Friedges, City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation. DRAFTED BY: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 2 Notary Public CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA MCDONALD'S CONDITIONAL USE PERMIT FINDINGS OF FACT On April 5, 2012 the Lakeville Planning Commission met at its regularly scheduled meeting to consider the application of McDonald's USA, LLC for a new convenience food restaurant located at 17701 Cedar Avenue. The Planning Commission conducted a public hearing on the proposed conditional use permit preceded by published and mailed notice. The applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak. The City Council hereby adopts the following findings of fact. 1. The property is currently zoned PUD, Planned Unit Development District regulated by the underlying zoning designation of C -3, General Commercial District. 2. The property is located in Planning District No. 3 of the 2008 Comprehensive Plan, which guides the property for commercial land uses. 3. The legal description of the property is: Lot 1, Block 1, Crossroads 1 Addition 4. Section 11 -4 -3E of the City of Lakeville Zoning Ordinance provides that a conditional use permit may not be issued unless certain criteria and satisfied. The criteria and our findings regarding them are: a. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. The new convenience food restaurant is consistent with the current convenience food restaurant use of the property and the PUD, Planned Unit Development District on which the property is located. b. The proposed use is or will be compatible with present and future land uses of the area. 1 The new convenience food restaurant with 24 hour drive - through service is consistent with similar convenience food restaurants with 24 hour drive - through service in the City and will be compatible with existing land uses in the area. c. The proposed use conforms with all performance standards contained in the Zoning Ordinance. Given compliance with the stipulations listed in the March 30, 2012 planning report, the convenience food restaurant with 24 hour drive - through service will conform to all performance standards contained in the Zoning Ordinance. d. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. The property is served with city sanitary sewer and city water. The proposed convenience food restaurant will not overburden the City's service capacity. e. Traffic generation by the proposed use is within capabilities of streets serving the property. The traffic generated by the convenience food restaurant will not overburden the streets serving the property. 5. The planning report, dated March 30, 2012, prepared by Associate Planner Frank Dempsey is incorporated herein. DATED: April 16, 2012 2 CITY OF LAKEVILLE BY: Mark Bellows, Mayor BY: Charlene Friedges, City Clerk <ra LANDFONSI 20' 2 g x • • - • -. • 0 2 20 O � CC o C7 r2/ �P .n HLINBAV WV0 3 U g g m g g • s s� 0000000 0 0 000 000 0000 • T ADS'2/. .0 7435 - 179TH STREET WEST DAKOTA SHEET NAME SITE PLAN A CNC/SPM CITY LAKEVILLE STATE MN NATIONAL NUMBER SPATE NUMBER REVIEWED BY EMK/CNC DATE REVIEWED 02/27/2012 DATE ISSUED 02/22/2012 McDONALD'S USA, LLC. THESE DRAWINGS AND SPECFICATIONS ARE THE CONFIDENTIAL AND PROPRIETARY PROPERTY OF MR-DONALD'S CORPORATION AND SHALL NOT BE COPED OR REPRODUCED WITHOUT WRITTEN AUTHORIZATION. THE CONTRACT DOCUMENTS WERE PREPARED FOR USE ON THIS 5FECEIC 9TE 24 CONJUNCTION WITH ITS i55UE DATE AND ARE NOT SUITABLE FOR USE ON A DEFERENT SITE 0R AT A LATER TIME. USE OF THESE DRAWINGS FOR REFERENCE OR EXAMPLE ON ANOTHER PROJECT 220112ES THE SERVICES OF PROPERLY LICENSED ARCHTECTS AND ENGINEERS. REPRODUCTION GE THE CONTRACT DOC2TIENT5 FOR REUSE ON ANOTHER PROJECT 5 NOT AUTHORIZED OFFICE ADDRESS 1650 W. 82ND STREET x/900 BLOOMINGTON, MINNESOTA 55431 - 9888 (952) - 884 - 4355 g REV 0 y ° z DATE REVISION HISTORY 2/28/202 CITY SUBMTTAL 3/15/2012 REVISED CITY SUBMITTAL c• IANDFCRI 20'2 F 2g z- z • °- • O N U 0 7, g 8 g g o = 3 tri mr1 111M1i3SUMs ! w■■■■■ ■m -au t: o aa:mm'icav tao„ ac %l i 9 ° 111N.�AV •• NYU.YJ si; d • L 0C 9 zmTY LAKEVILLE STATE MN NATIONAL NUMBER SI A'I'E NUMBER SHEET NAME 02/28/2012 McDONALD'S USA, LLC. THESE DRAWINGS AND SPECHCATIONS ARE THE CONFIDENTIAL AND PROPRIETARY PROPERTY OF MAONALDS CORPORATION AND SHAD. NOT BE COPED OR REPRODUCED WITHOUT WRITTEN AUTHORIZATION. THE CONTRACT DOCUMENTS WERE PREPARED FOR 1.5E ON TH5 SPECIFIC SITE N CONJUNCTION WITH ITS 155UE DATE AND ARE NOT SUITABLE FOR USE ON A 200020NT SITE CR AT A LATER TIDE. USE OF THESE DRAWINGS FOR REFERENCE OR EXAMPLE ON ANOTHER PROJECT REOURES THE SERVICES OF PROPERLY LICENSED ARCHITECTS AND ENGINEERS. REPRODUCTION OF THE CONTRACT DOCINIENTS FOR REUSE ON ANOTHER PROJECT 15 NOT AUTHORIZED. 1650 W. 82120 STQEE1 #900 BLOOMINGTON, 1/0085014 55431 -9888 (952)- 884 -4355 REV DATE 2/20/200 CITY SUB1TTAL 3/15/2012 REVISED CITY SUBMTTAL REVISION HISTORY Flag pledge and roll call of members: Present: Vice Chair Boerschel Commissioner Drotning Commissioner Grenz Commissioner Maguire Ex- officio Fitzhenry Absent: Chair Lillehei Commissioner Davis Commissioner Reuvers CITY OF LAKEVILLE Planning Commission Meeting Minutes APRIL 5, 2012 The April 5, 2012 Planning Commission meeting was called to order by Vice Chair Boerschel in the City Hall Council Chambers at 6:00 p.m. Staff Present: Daryl Morey, Planning Director; Frank D empsey, Associate Planner; and Penny Brevig, Recording 5ecreta ITEM 3. APPROVAL OF MEETING MINUTES: The March 15, 2012 Planning Commission :.. i .eeting''rninutes were approved as presented. ITEM 4. ANNOUNCEMENTS: Mr. Morey stated that the following item was distributed at tonight's meeting: n email, from;; -a Lakeville resident concerned about screening of the lighted sgnage at - :the proposed McDonald's. Mr. Morey.. reminded the Commission that the April 19, 2012 meeting will be a work session only,: ,with no regular agenda items, to discuss Phase 3 of the Zoning Ordinance amendment process. ITEM 5. MCDoNALDS USA, LLC. Vice Chair Boerschel opened the public hearing to consider the application of McDonalds USA, LLC for a Conditional Use Permit to allow the construction of a McDonald's convenience food restaurant at 17701 Cedar Avenue. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Ray Croaston from the McDonald's Regional office and Eric Kellogg, Project Designer for Landform were in attendance at tonight's meeting. Also in attendance was Chris Moe, from HJ Development, the owner of the property. Mr. Croaston and Mr. Kellogg presented an overview of the request. They indicated that the building will be 38 feet wide rather than McDonald's standard 44 feet wide. There will be two drive through lanes with two service windows. It is designed to be more efficient in service delivery and vehicle stacking. They indicated that McDonalds will remove the existing building but they will use the existing foundation. Mr. Dempsey presented the planning report. Mr. Dempsey stated that 73 parking spaces are proposed for the McDonald's site, with 60 parking spaces required by ordinance. He stated that two wall signs are allowed sirie::the building is located on a corner lot. Mr. Dempsey indicated that McDoiiald'•s is requesting 24 hour service, which is allowed in the C -3 District subject to approval by the City Council. Mr. Dempsey described the delivery vehicle parking „ proposed _ *the applicant. Mr. Dempsey stated that Planning Department staff recommends approval of the McDonald's restaurant CUP, subject to the.�.9 stipulations listed in the March 30, 2012 planning report. Vice Chair Boerschel opened the heating, to the public for comment. Mike Devney, 5810 212th Street, Farmington Mr. Devney, owns land _ to'_the south`'of the. proposed_ : McDonald's. His concerns were: A. Wanted'. clarification:. if this would be a new building or would they be using the ciurrent.buil B._ Will, there be any assessments to his property. r. Devriey felt;that cars should not have to back out into the drive through queuing lane: 12.22 Motion was made and s&inded to close the public hearing at 6:15 p.m. Ayes: Maguire, Boerschel Grenz, Drotning. • Nays: 0 Planning Commission Meeting April 5, 2012 Page 2 Vice Chair Boerschel 'asked for comments from the Planning Commission. • Commissioner Drotning had the same concerns with the parking as Mr. Devney. He does not feel parked cars should have to back out into the only access to the drive through queuing lane. • In answering Mr. Devney's concerns, Mr. Morey stated that the proposed McDonald's building would be a new building, but will be using the current Planning Commission Meeting April 5, 2012 Page 3 footprint. Also, he indicated that there will be no assessments to Mr. Devney's property. • Mr. Morey stated that the vehicle stacking length does meet the City's Ordinance requirements and there are fast food restaurants in Lakeville that have a similar design whereby access to the drive through lanes is through the restaurant parking lot. He indicated that with the site constraints, access to the drive through lane will require vehicles driving through the parking lot. • Mr. Croaston commented that there could be 13 -14 cars in the drive through lane before it would impact cars in the parking lot- • Commissioner Drotning stated that his concern is not with the stacking as much as having to funnel all the traffic through the parking lot. He cited the redesign of the McDonalds restaurant in ,Burnsville that' created an access to the drive through separate from the parking lot. He suggested for safety and good planning perhaps the building:' and drive through 'lanes could be flipped to the west side of the site. • Mr. Croaston stated the Burnsville site'„ has;; additional width that allowed their redesign to incorporate segregated drive through access. The Crossroads site is not wide;:,enough to create', segregated access. He stated their design utilizes the existing`dr ve _ through design of the property. He also stated they analyzed the possibility_: of relocating the building and drive through to the west_.side of the site :as,'suggested but this design would not work due to the location of the - existing monument sign island on the west side of thesite and due to the fact.that queuing for the drive through could back out into-the main•Crossroads private access drive. • Mr. Croaston ' ':delivery . He indicated that it is very sys'eixaic.and wi.;:minimally affect parking spaces. The trucks will pull up 'front of ± : , , two doors on the south side of the building and unload directly into the; freez and cooler. It takes approximately 1/2 hour to 1 1 /i hours, and it is thane at off- hours. He stated the restaurant employees know ir'advance when tl3:e delivery truck will be arriving and they block off those parking ; spaces. ,This delivery system is also employed at the Icenic Trail McDonalds in Lakeville. • Chris Moe' fr©ai< -IJ Development, the owner of the site, stated that they have reviewed and'approved the proposed site plan. He indicated they feel the site design will work as proposed. They considered using the existing building, but that option does not work for McDonalds. • Commissioner Grenz shared Commissioner Drotning's concerns with the parking. He also felt that by using a narrower building, the kitchen would not be very efficient. Mr. Croaston stated that they will use the standard kitchen layout, with the seating and restrooms laid out around the kitchen. Planning Commission Meeting April 5, 2012 Page 4 • Commissioner Grenz asked to have the Lakeville resident's e-mail concerns about the lighting addressed. Mr. Dempsey indicated that after talking with the resident, who lives on Georgetown Way, more than a half mile away from the subject site, she thought the project was going to be located on the vacant commercial property located north of Dodd Boulevard. She now realizes how far away she would be from the proposed McDonalds. • Mr. Dempsey confirmed that the current parking lot lights would be used and McDonald's will be required to meet the requirements of the Zoning Ordinance for their building lighting. • Vice Chair Boerschel agreed that the traffic flow, .Was a little difficult, but liked that the stacking was within the same lot, rather than spilling out onto the adjacent commercial property and blocking access: 12.23 Motion was made and seconded to recommend to City Council _approval of the McDonald's Conditional Use Permit to allow the construction of a convenience food restaurant located at 17100 Cedar:' Avenue, subject to the following 9 stipulations: 1. The hours of operation is permitted to be 24 hours, seven days a week. 2. The site and building improvements shall comply with the plans approved by the City Council. 3. Prior to City Council. consideration, the site plan shall be revised to replace the ten deciduous shrubs east of and adjacent to the vehicle queuing area with evergreen shrubs`: that meet: the minimum size requirements of the Zoning Ordinance. A cash security' f,$2,500 shall be submitted to guarantee completion of tie laridscap' 4. All-- tiew::signage .shall meet the requirements of the Zoning Ordinance. A sigh permit_is,required prior to the installation of any signs. 5:1; -':All exterior lighting shall, meet the requirements of the Zoning Ordinance. 6. A:.-. building perndt is ' :required prior to commencing any building construction. 7. Prior to City Council consideration, the site plan shall be revised such that the parking lot, curb islands are not impacted by the semi -truck and trailer turning moveixients. 8. The parking' of any vehicles, including delivery vehicles, shall not occur on the internal Crossroads private drive located between the McDonald's restaurant and Cub Foods. 9. The proposed site improvements are subject to the review of the City Engineer. Ayes: Boerschel, Maguire. Nays: Grenz, Drotning. Commissioner Drotning stated that safety was his main concern and he did not like that parked cars would have to back out into the only access to the drive through queuing lane. Commissioner Grenz felt that the delivery trucks would run over the curbs because there is not enough room, and felt that this may be the cheapest way to develop the property, but he did not feel this was the best use of the property. The next Planning Commission meeting is scheduled for April 19, 2012 and will be a work session only. There being no further business, the meeting was adjourned at 6:35 p.m. Respectfully submitted, Penny Brevig, Recording Secretary ATTEST: Bob Boerschel, Vice Chair Planning Commission Meeting April 5, 2012 Page 5 Dempsey, Frank From: Marcine Burns <mburns @onlinefreight.com> Sent: Thursday, April 05, 2012 3:45 PM To: Dempsey, Frank Subject: re the McDonalds addition on 17701 Cedar Ave We were wondering about the screening for the lighted signage. If it is a high sign can there be some provision to put in some trees by the Georgetown Ct. area for screening? Marcine Burns mburnsPonlinefreight.com 1 Memorandum City of Lakeville Planning Department To Planning Commission From: Frank Dempsey, AICP, Associate Planner Date: March 30, 2012 Subject: Packet Material for the April 5, 2012 Planning Commission Meeting Agenda Item: Conditional Use Permit for McDonald's USA, LLC Application Action Deadline: May 14, 2012 INTRODUCTION Item No. McDonald's USA, LLC has submitted an application for a Conditional Use Permit to allow the construction of a new McDonald's convenience food restaurant at 17701 Cedar Avenue. In 2004, a conditional use permit was approved allowing the development of the existing restaurant building with convenience food which currently includes Dino's Gyros and the vacant space previously occupied by Inta Juice. McDonald's proposes to remove the existing building and construct a new McDonald's restaurant on the existing slab -on -grade foundation. McDonald's is requesting approval for 24 hour operation which is allowed in the C -3, General Commercial District subject to the approval of the City Council. The proposed site plan modifications and new convenience food restaurant requires approval of a new conditional use permit. Planning Department staff has reviewed the plans for compliance with the Zoning Ordinance and the findings and recommendation are included in this report. The following exhibits are attached for your information: EXHIBITS A. Location and Zoning Map B. Aerial Photo C. Applicant Narrative D. Civil Title Sheet E. Existing Conditions Plan F. Site and Landscape Plan G. Truck Turning Template H. Grading, Drainage, Paving and Erosion Control Plan I. Utility Plan 3. Building Elevations Plans (3 Pages) K. Floor Plan L. Signage Plan PLANNING ANALYSIS Zoning. The property is zoned PUD, Planned Unit Development subject to the requirements of the underlying C -3, General Commercial District. The subject property is a platted 1.7 acre parcel that meets the requirements of the Zoning Ordinance. Restaurants with convenience food are allowed by conditional use permit in the C -3 District. Surrounding Land Uses and Zoning North — Crossroads commercial buildings (PUD District) South — 179 Street (Right -of -Way) East — Cub Foods store (PUD District) West — Cedar Avenue (CSAH 23) Hours of Operation. McDonald's is proposing to operate 24 hours a day at this proposed location. Section 11- 73 -7H1 of the Zoning Ordinance restricts the hours to between 5:00 AM and 11:00 PM unless extended by the City Council as part of the conditional use permit. Within the Crossroads commercial development, Cub Foods is open 24 hours a day. Building Height and Architectural Standards. The proposed new restaurant building will be 18 feet, 9.5 inches tall with exterior materials that include integral colored brown and red brick, white Exterior Insulated Finish System (EFIS), silver aluminum facial cap and trellis system, plus yellow architectural accents and canopies over the main entrance and the drive through service lane on the east side of the building. The proposed building exterior materials and design meet the requirements of Sections 11 -17 -9D and 11- 73 -7H2 of the Zoning Ordinance. Landscaping. The site will be 27.9% landscaped which meets the minimum 25% required by Section 11- 73 -7H3 of the Zoning Ordinance. Landscaping installed with the original construction will remain mostly intact. Additional trees and shrubs are proposed to be planted near the north driveway entrance and east of the queuing area. The landscaping adjacent to the queuing area is intended to provide screening of the queuing area from the main internal access drive serving the Crossroads retail development and the Cub Foods parking lot to the east. The proposed deciduous shrubs at this location must be replaced 2 with evergreen shrubs to provide year -round screening and must meet the size requirements of the Zoning Ordinance. Dust Control and Drainage. The entire site other than the building and landscape areas is surfaced with asphalt and concrete curb and gutter as required by Section 11- 73 -7H4 of the Zoning Ordinance. The Engineering Department has reviewed the plans and has provided comments in the March 30, 2012 engineering report prepared by Mark DuChene, Development Design Engineer. Exterior Lighting. The existing parking lot lights installed with the development in 2004 will remain. All exterior lighting shall meet the requirements of the Zoning Ordinance. Access. The property is accessed from the north and south via the internal private drive for the Crossroads development. All drive aisles and parking spaces meet the minimum dimension requirements of the Zoning Ordinance. Drive - Through Service Windows. The drive - through queuing lane from the pick -up window to the menu boards is 180 feet long, which complies with the minimum 180 foot segregated stacking lane required by Section 11- 73 -7H7 of the Zoning Ordinance. Delivery Vehicle Circulation. The McDonald's truck delivery circulation plan identifies a semi -truck and trailer entering the site via the north driveway and exiting the site via the south driveway. The turning movement template indicates that 30 parking spaces will be affected by the turning movements of the truck and trailer, impacting 50% of the parking spaces required for the restaurant. McDonald's has indicated that deliveries are normally conducted during off -peak business hours. In the event of deliveries that do not occur during off -peak business hours, McDonald's restaurant management will cordon off the spaces required for access and unloading prior to the delivery truck's arrival. The turning movement template also indicates that some of the raised curb parking lot islands will be impacted by the wheels of the delivery truck primarily at the north driveway access. The size of these islands should be reduced to accommodate the proposed turning movements. Parking of any vehicles, including delivery vehicles, is not allowed on the Crossroads internal private drive located between the McDonald's restaurant and Cub Foods. Pedestrian Facilities. The existing handicap access ramps and sidewalk in front the building will be replaced with the new construction to meet current Americans with Disabilities Act (ADA) requirements for those spaces. McDonald's is also constructing a new sidewalk from the public trail located along Cedar Avenue to the west entrance of the building. The existing sidewalk connecting the public sidewalk on 179 Street will be removed due to conflicts with the design of the double lane drive - through service area. 3 Noise. The property is located in a commercial zoning district approximately 1,050 feet from the nearest residential zoned district to the east. Noise from the menu board will be controlled by the operator. Noise shall not violate the Zoning Ordinance and shall not cause a nuisance as defined by City Code. Signs. McDonald's is proposing wall signs on the north and west sides of the building. Each sign or combination of contiguous signs shall not exceed 100 square feet in area as allowed by the Zoning Ordinance. Two menu board signs and directional signs will be included. A new 95 square foot, eight foot tall monument -style freestanding sign will be located in the southwest corner of the site and will replace the existing monument sign at that location. All proposed signs meet Zoning Ordinance requirements. Parking. The revised site plan proposes 73 parking spaces. A total of 60 parking spaces are required by the Zoning Ordinance. The required number of parking spaces is based upon the floor plan submitted with the conditional use permit application and is calculated as follows: Patron Queuing Area: 1 space for each 15 square feet = 133sf/15 = 9 spaces Patron Dining Area: 1 space for each 40 square feet = 957sf/40 = 24 spaces Kitchen /Office Area: 1 space for each 80 square feet = 2,176sf/80 = 27 spaces Refuse Storage and Pick -Up. Refuse will be stored in a separate area within the confines of the proposed building and accessed with an overhead door. There shall not be any outside storage of refuse containers. A similar design is in place at the McDonald's restaurant located on Icenic Trail. RECOMMENDATION Planning Department staff recommends approval of the conditional use permit for the McDonald's restaurant at 17100 Cedar Avenue with 24 hour operation subject to the following stipulations: 1. The hours of operation is permitted to be 24 hours, seven days a week. 2. The site and building improvements shall comply with the plans approved by the City Council. 3. Prior to City Council consideration, the site plan shall be revised to replace the 10 deciduous shrubs east of and adjacent to the vehicle queuing area with evergreen shrubs that meet the minimum size requirements of the Zoning Ordinance. A cash security of $2,500 shall be submitted to guarantee completion of the landscaping. 4 4. All new signage shall meet the requirements of the Zoning Ordinance. A sign permit is required prior to the installation of any signs. 5. All exterior lighting shall meet the requirements of the Zoning Ordinance. 6. A building permit is required prior to commencing any building construction. 7. Prior to City Council consideration, the site plan shall be revised such that the parking lot curb islands are not impacted by the semi -truck and trailer turning movements. 8. The parking of any vehicles, including delivery vehicles, shall not occur on the internal Crossroads private drive located between the McDonald's restaurant and Cub Foods. 9. The proposed site improvements are subject to the review of the City Engineer. 5 UPPER 171STST W mougove I 44 1111 uJ MIIII1114 172ND ST W G E*E 4001 I MM O 173RUST VIII 111111 O-R RM-1 0 OP- Location of 17701 Cedar Avenue rossroads Co Center CUB Foods 179TH ST \N Or C-3 P/OS RM-2 RM-1 F GALERY D EXHIBIT A Page 1 of 1 EXHIBIT B http://gisx.co.dakota.mn.us/output/webgis_SDEtest_extgis35960634025144.jpg 3/28/2012 INTRODUCTION On behalf of McDonald's USA LLC ( "McDonald's "), Landform is pleased to submit this application for conditional use permit amendment approval to allow demolition and construction of a McDonald's restaurant at 17701 Cedar Ave. The current site today is known as the Crossroads of Lakeville Shopping Center. SITE PLAN The City defines this use as a fast food restaurant and allows them as a conditional use in the C -3 zoning. The proposed plans attached, is to demolish the existing commercial building and reuse the foundation to build a McDonalds Restaurant. The site will also require some minimal site work to allow the McDonalds drive -thru to be designed. HOURS McDonalds would like to request 24 hour food service operation for the proposed Restaurant at 17701 Cedar Ave. SUMMARY We respectfully request approval of Conditional use Permit Amendment to allow the construction of the McDonald's at 17701 Cedar Ave, Lakeville, MN and 24 hour operations. Any additional questions regarding this application can be directed to Eric Kellogg at ekellow@landform.net or 612.638.0242. MCD01112 Lakeville, MN L A N D F O R M EXHIBIT C March 1, 2001 2 U v� A z 4t 0 U 0101$41 x001.41 J4.406 onsma r wars o °L4 ao :a ` .am 0 ll iJ� f¢t ss6._.o_«s3) .>a CIO 6114.1000 1 6 6 is , f��1�Ft�! DTI `VSfl S.TIVNOa °VII g m Bci21 43 vt �3. gor R3 ZIOVOLIZO .1891 MILE= oanssl 010.1 An %Avila � yy 8 R @g R d p pR 4 € E "6 4 x g£g 96 ° ap 43 83a 3 =a g:i a 3 34 s 8 R i f+ 'fa Ph i 1 1g :1 g RR. 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M3N 1NV2U1V1S3M S,41VNOaow wm�iW.a� e c� n:,. . a .w:, c w b «.� a . ,w ...1I 10 5 6 ✓l 4® SI i4 1 t Nx hg Ft 1 Memorandum To: Frank Dempsey, Associate Planner From: Mark DuChene, Development Design Engineer V ? McKenzie Cafferty, Environmental Resources Manager Copy: Gene Abbott, Building Official Date: March 29, 2012 Subject: 17701 Cedar Avenue - McDonald's CUP BACKGROUND City of Lakeville Engineering McDonald's USA, LLC has submitted an application for a Conditional Use Permit for the construction of a new McDonald's convenience food restaurant at 17701 Cedar Avenue. The subject parcel is Lot 1, Block 1, Crossroads 1st Addition. The proposed site improvements will be completed by: SITE REVIEW Owner: McDonald's USA, LLC Engineer /Surveyor: Landform The existing site is currently being operated as a fast food restaurant. The subject parcel is bordered by Cedar Avenue to the west, 179 Street to the south and commercial properties to the north and east. The site plan proposes the razing of the existing building to the foundation and reconstruction of a new restaurant on the existing building foundation. Some parking stalls near the south side of the building will be removed to accommodate a dual lane drive -thru configuration and other minor parking lot improvements are proposed. PUBLIC STREETS AND ACCESS The subject parcel is currently provided access via privately owned and maintained roads within the Crossroads Commercial Development. Ingress and egress is served from 179 Street to the south, Cedar Avenue to the west and Glasgow Avenue to the north. There are no proposed changes to access locations or traffic circulation. CROSSROADS MCDONALDS - CONDITIONAL USE PERMIT MARCH 29, 2012 PAGE 2 OF 3 UTILITIES .SANITARY SEWER AND WATERMAIN The subject parcel is located within subdistrict NC -20360 of the North Creek sanitary sewer district as identified in the City's Comprehensive Sewer Plan. Wastewater will be conveyed via existing trunk sanitary sewer to the MCES Lakeville /Farmington Interceptor and continue to the Empire Wastewater Treatment Facility. The downstream facilities have sufficient capacity to serve the proposed site improvements. Development of the subject parcel includes the abandonment of the existing private sanitary sewer and watermain services and construction of a privately owned and maintained 6 -inch sanitary sewer and 6 -inch water service from the sanitary sewer main and watermain located within a public drainage and utility easement adjacent to the east edge of the parcel. The abandoned water service must be capped at the main, and gps coordinates must be provided for all abandoned and proposed services consistent with the City of Lakeville's MnOPS requirements. The proposed sanitary and watermain layouts are in accordance with the City's Comprehensive Sanitary Sewer and Water Plans. Final locations and sizes of all utilities will be reviewed by City Staff with the final construction plans. DRAINAGE AND GRADING The subject parcel is located within subdistricts FO -3 and FO -4 of the Farmington drainage district as identified in the City's Water Resources Management Plan. Currently the site drains to a privately owned and maintained storm sewer system and stormwater management facilities constructed with the Crossroads 1 Addition. There are no proposed changes to the stormwater runoff or the stormwater routing. Approved erosion control measures must be installed prior to any land disturbance and disturbed areas not being paved must be restored with sod or seeded. STORM SEWER There are no proposed public storm sewer improvements associated with the CUP. The site plan indicates the roof drain leaders will be connected to the private storm sewer system as part of the new building construction. EROSION CONTROL An erosion control plan has been submitted and includes the following: CROSSROADS MCDONALDS - CONDITIONAL USE PERMIT MARCH 29, 2012 PAGE 3 OF 3 • A single gravel construction entrance is indicated on the erosion control notes. • A seed /mulch specification that meets City requirements. • All slopes are less than 3:1. • Inlet protection is included in the plans. • The NPDES requirements are included in the plan set. Additional erosion control measures may be required during construction as deemed necessary by City staff or the Dakota County Soil and Water Conservation District. Additional measures shall be installed and maintained by the developer. The streets must be cleared of debris at the end of each day. Street sweeping must be done weekly or more often as needed. All streets must be maintained to provide safe driving conditions. RECOMMENDATION Engineering recommends approval of the CUP.