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HomeMy WebLinkAboutItem 07Frank Dempsey, AICP, Associate P : nner September 26, 2012 Item No. MCDONALD'S CONDITIONAL USE PERMIT OCTOBER 1, 2012 CITY COUNCIL MEETING Proposed Action Staff recommends adoption of the following motion: Move to approve the McDonald's (Kent 46) conditional use permit and adopt the findings of fact. Adoption of this motion will allow the construction of a McDonald's restaurant in the Kent 46 commercial development at 16205 Kenyon Avenue with extended hours of operation. Overview Representatives of McDonald's USA, LLC are requesting conditional use permit approval to allow the construction of a McDonald's convenience food restaurant with drive - through service and extended hours of operation at 16205 Kenyon Avenue. A conditional use permit for a McDonald's restaurant at this location was approved in 2007 with the Kent 46 plat and Brunswick Zone planning actions but McDonald's allowed the 2007 conditional use permit to expire one year after it was approved in order to reevaluate their options for construction on this site. The Planning Commission held a public hearing on this conditional use permit request at their September 20, 2012 meeting. There was public comment from five neighboring residents and the Chamber of Commerce. The Planning Commission recommended approval subject to 13 stipulations on a vote of 6 -1. Stipulationl3 was added by the Planning Commission so the site plan could be revised to reorient the drive - through queuing area to reduce the potential for vehicle headlight glare toward the adjacent neighborhood. Revised site and lighting plans have been submitted as identified in Stipulations 4 and 13. 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 are the primary differences between this McDonald's restaurant and the one approved in 2007? Supporting Information • Analysis of Issues • Conditional Use Permit form • Findings of fact • Revised site plan and lighting plans • September 20, 2012 Planning Commission draft meeting minutes • September 14, 2012 planning report Financial Impact: $ None Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Zoning Ordinance Notes: Staff Analysis of Primary Issues The proposed hours of operation is Sunday through Thursday from 5:00 am to 12:00 am and Friday and Saturday from 5:00 am to 2:00 am to match the hours of Brunswick Zone. The 2007 conditional use permit allowed Sunday through Thursday 5:00 am to 11:00 pm and Friday and Saturday 5:00 am to 12:00 am. The restaurant building is also set further to the north on the site and includes a double drive - through service lane in the vehicle queuing area. 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 16205 Kenyon 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 2, Block 1, Kent 46 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA CONDITIONAL USE PERMIT NO. 12- 3. Conditions. The permit is issued subject to the following conditions: a) The site shall be developed consistent with the plans approved by the City Council. A $10,000 security shall be submitted to the City prior to the issuance of a building permit to guarantee installation of the approved landscaping. b) The McDonald's convenience food restaurant with drive - through service and any future convenience food restaurant on the subject property that includes drive - through service shall be restricted to business hours not to exceed 5:00 am to 12:00 am Sunday through Thursday and 5:00 am to 2:00 am, Friday and Saturday. Any hours of operation beyond those approved with this conditional use permit shall require an amendment to the conditional use permit subject to the approval of the City Council. c) All signage shall meet the requirements of the Zoning Ordinance. A sign permit is required prior to the installation of any signs. 1 d) All parking lot and exterior lighting shall be down -cast type fixtures and shall meet the requirements of the Zoning Ordinance. The parking lot lights shall be turned off when the restaurant is closed. e) Provisions shall be made for daily litter control and for an interior location for recycling and trash handling and storage. Garbage haulers shall not service the subject property between the hours of 10:00 pm and 7:00 am. f) Unloading of deliveries shall occur entirely within the McDonald's property. Backing into the site using the Kent 46 shared private drive is prohibited. All deliveries shall take place during off -peak business hours and not when the restaurant is closed for business. g) The parking of any vehicles, including delivery vehicles, shall not occur on the Kent 46 shared private drive. h) The proposed site improvements are subject to the review of the City Engineer prior to the issuance of a building permit. i) Required parking spaces shall not be used for snow storage. Excess snow shall be hauled off -site. j) McDonald's site development and outside building construction shall not occur between the hours of 10:00 pm and 7:00 am in accordance with Title 4 - 1 -4 -2A of the City Code. k) Drive through service area speakers shall not be audible at the south property line of Lot 3, Block 1, Kent 46 and shall be in compliance with section 11 -16 -25 of the Zoning Ordinance. I) A building permit is required prior to commencing any building construction. 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. Dated: October 1, 2012 2 The following instrument was acknowledged before me this 1 5 ` day of October, 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 3 CITY OF LAKEVILLE BY: Mark Bellows, Mayor BY: Charlene Friedges, City Clerk Notary Public CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA MCDONALD'S CONDITIONAL USE PERMIT FINDINGS OF FACT On September 20, 2012 the Lakeville Planning Commission met at its regularly scheduled meeting to consider the application of McDonald's USA, LLC for a convenience food restaurant with drive - through service located at 16205 Kenyon 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: 1. The property is zoned C -3, General Commercial District. 2. The property is located in Planning District No. 1 of the 2008 Comprehensive Plan, which guides the property for commercial land uses. 3. The legal description of the property is: Lot 2, Block 1, Kent 46 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 Comprehensive Plan guides the property for commercial uses. A convenience food restaurant is consistent with the commercial land use and the commercial zoning of the property on which the restaurant will be located. The McDonald's restaurant plans meet the objectives outlined in Planning District No. 1 of the Comprehensive Plan. b. The proposed use is or will be compatible with present and future land uses of the area. 1 The McDonald's convenience food restaurant use at this location within the Kent 46 commercial development is consistent with the previous McDonald's convenience food restaurant approved for the subject property. The use is compatible with existing land uses in the area given compliance with the stipulations outlined in the conditional use permit and the Zoning Ordinance. c. The proposed use conforms with all performance standards contained in the Zoning Ordinance. Given compliance with the stipulations listed in the conditional use permit, the McDonald's convenience food restaurant 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 McDonald's 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 McDonald's convenience food restaurant will not overburden the streets serving the property. The City will monitor the CSAH 46 /Kenyon Avenue intersection for any operational or traffic safety concerns. 5. The planning report, dated September 14, 2012, prepared by Associate Planner Frank Dempsey is incorporated herein. DATED: October 1, 2012 2 CITY OF LAKEVILLE BY: Mark Bellows, Mayor BY: Charlene Friedges, City Clerk ©IANOPoRJ 1/02 o f cg 0 a � in V g L I Vi• • 4 -n 1 p 3 a 05 1 I 1.1 \ � 00 ■ 6-ESLis, — p0.01 E $9 p9.9 V Non N0 jnNJn 270.94 9c 4 n0 �� :Q IA • 'Y1 hl tal SHEE f NO � g 8 65 e c CITY LAKEVILLE STREET ADDRESS 16205 KENYON AVENUE S FATE MN COUNTY DAKOTA SHEET NAME SITE PLAN NAI ZONAL NUMBER SIA IL NUMBER DRAWN BY 5PM/EMK/CNC PRO1 O ISS REVIEWED BY EMK/CNC DATE REVIEWED 822/2012 DATE fSSUED 8/23/2012 McDONALD'S USA, LLC. THESE ORAWIN05 AND SPECEIGATIONS ARE THE CONFDENTIAL AND PROPRIETARY PROPERTY OF M<DONALDS CORPORATION AND SHALL NOT BE COPED OR REPRODUCED WITHOUT WRITTEN AUTHORIZATION THE CONTRACT DOCUMENTS WERE PREPARED FOR USE ON THIS 5PECEIC SITE N CONJUNCTION WITH ITS ISSUE DATE AND ARE NOT SUITABLE FOR USE ON A 00002ENT SITE OR AT A LATER TIME USE OF THESE DRAWINGS FOR REFERENCE OR EXAMLE ON ANOTHER PROJECT REOURE5 THE SERVICES OF PROPERLY LICENSED ARCHITECTS AND ENGINEERS REPRODUCTION OF THE CONTRACT DOCUMENTS FOR REUSE ON ANOTHER PROJECT '5 NOT AUTHORIZED - OFTICE ADDRESS 1650 W 8205 STREET /900 BLOOMINGTON, MINNESOTA 55431 -9888 (952)- 884 -4355 0 REV DATE 0 /23/2012 4/2011 0/25/208 REVS. OTY SUBMITTAL REVISED OTY SUBMITTAL q2 REVISION HISTORY PERMIT sum,. d e 61: 6 B 6 2 6 1 1 1 y o c "m a 11 O O O O O o 0 O 0 0 O 0 O Y O O O v 9 O O ' 4' a\ - m - J Y O 0 W co N m Cr Y Co 0 0 0" _ r 3, o o A W - 0 m - - A Co m A 9 9 W - CI A N r- 0 O 0 0 O O 0 0 0 0 W 0 0 9 J O 0 O O O . o 0 0 0 0 O - 9 m w W in co 0 O 0 O - - N A 0@ N W N - <'33, O O 9 - Y N N N 0 O 0 O 0 O - N N.7 N N NJ C: — W �4 N U A 0 \A O D - O O O O W In P4 U — O O a 0 — W N 4 3 Y N W O m 0 9 - J ▪ N - O 0 - ON 33 NJ J N A NJ W 9 CO J w W Y m 9 - 9 O 9 N N NJ NJ NJ - NJ W 43 A 4 43 W 9 N N - N N 9 65 N N N N co A N 0 W N co W W N N - N N N GI W N A W 9 0 ON ON 0 9 O 4\ - ON N N 04 U W - - - - OW N D` Ly 9 O] 9 Co A J 05 O m W Y J O N J 'a d Y Co 9 p 0 - - CO Y N 9 00 - - - co 3.3, N W - - - - J NV - W @ 9 N W 9 o, m 0 N a m O 0 0 P r Q 0 W m W 65 w a✓ Y (p O O O 0 W J N - N 0 N w N O 0 - N J N O 0 - - U J p - N -- J J O N N J sol ° a 4 9 O 0 0 0 - O 0 0 0 ra 0 ti O CO N O A U W O A w - O Y O W O ' CO O W m N _ O A NA ON J ,, I 07 N N 0 0 0 - - i 0 f0 U E- a o O - w �- , U O O 0 30 i CO N A m N N ¢ A 4' - O ' N RA, 0 0 UN f 9 N 0 41 41 A A 0 Ol N 9 O NJ N m N - O NJ - 9 OA N 0 0 °ID L 1 EP 11 SHEE NI5 r m 02 0 o e CITY LAKEVILLE STREET ADDRESS 16205 KENYON AVENUE NA'I IONAL NUMBER SI 216 MN mum DAKOTA SHEET NAME SITE PH0T0METRIC5 SIA IL NUMBER DRAWN BY 8PM/EMK/CNC PSFO O I0UED REVIEWED BY EMK/CNC DATE REVIEWED 8171/2012 DATEI 8/23/2012 McDONALD'S USA, LLC. THESE DRAWINGS AND SPECF1C010N5 ARE THE CONHDENTIAL AND PROPRIETARY PROPERTY OF N3PGNAL05 CORPORATION AND SHALL NOT BE COPED OR REPRODUCED WITHOUT WRITTEN AUTHORIZATION 133E CONTRACT 00001E20S WERE PREPARED FOR USE ON THIS SPECIFIC SITE W CONJUNCTION WITH ITS ISSUE DATE AND ARE NOT SUITABLE FOR USE ON A DEFERENT SITE OR AT A 20160 TIME USE OF THESE DRAWINGS FOR REFERENCE a2 EXAMPLE ON ANOTHER PROJECT REOURES THE SERVICES OF PROPERLY LICENSED ARCHITECTS AND ENGINEERS REPRODUCTION OF THE CONTRACT 00C061NTS FOR REUSE ON ANOTHER PROJECT 5 NOT AUTHORIZED OFFICE ADDRESS 1650 W 82ND STREET /500 BLOOMINGTON, MWNESOTA 55431 -9888 (952)- 884 -4355 REV 0/23/2012 9/4/2012 9/25/2012 DATE REVISION HISTORY PERMIT 51RMITTAI 2E0010 QTY SU819TTA1 RE26E0 2111 SUBMITTAL p2 CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES September 20, 2012 Item No. Chair Lillehei called the meeting to order at 6:00 p.m. in the Council Chambers at City Hall. The pledge of allegiance to the flag was given. Members Present: Joe Blee, Linda Maguire, Bob Boerschel, Bart Davis, Gerry Grenz, Karl Drotning, Ex- officio Shawn Fitzhenry, and Chair Brooks Lillehei Members Absent: Paul Reuvers Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Zach Johnson, City Engineer; Andrea Poehler, Assistant City Attorney; and Penny Brevig, Recording Secretary 3. Approval of the Meeting Minutes The September 6, 2012 Planning Commission meeting minutes were approved as presented. The September 6, 2012 Planning Commission work session minutes were approved as presented. 4. Announcements Mr. Morey stated.,fhat there were no announcements for tonight's meeting. 5. McDonald's USA, LLC Chaif Lillehei opened the public hearing to consider the application of McDonald's USA, LLC for a Conditionai Permit to allow a convenience food restaurant with drive through service, located at 16205 Kenyon Avenue. The Recording Secretary attested, that the legal notice had been duly published in accordance with State Statutes and City Code; Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated the applicant is requesting a conditional use permit (CUP) to include a fast food restaurant with two drive - through lanes. He indicated that in 2007, in conjunction with the Kent 46 /Brunswick Zone development, a CUP was approved for a McDonald's restaurant at this site but the restaurant was not constructed within one year and the CUP expired at McDonald's request so they could re- evaluate their development plans. Mr. Dempsey stated that the only major site plan changes from the original CUP request is the building has been moved slightly to the north and a double drive - through lane is being requested. Mr. Dempsey reviewed the Zoning Ordinance performance standards for convenience food restaurants with drive- Planning Commission Meeting Minutes, September 20, 2012 Page 2 through service. Mr. Dempsey reviewed the site plan, including access to and circulation within the McDonald's parking lot. Mr. Dempsey stated McDonald's is requesting extended hours of operation with this CUP. The hours of operation allowed by the Zoning Ordinance are 5:00 a.m. to 11:00 p.m. McDonald's is requesting 5:00 a.m. to midnight Sunday through Thursday and 5:00 a.m. to 2:00 a.m. Friday and Saturday to match the hours of Brunswick Zone XL. Mr. Dempsey stated that Planning Department staff has reviewed the McDonald's plans and determined that they meet Zoning Ordinance requirements and therefore recommends approval of the CUP, subject to the 12 stipulations listed in the September 14, 2012 planning report. Ray Croaston, Project Manager with McDonald's, and Eric::: Kellogg, Project Coordinator with Landform Engineering zertiVed at 6:12 p.m. anct„ presented an overview of their request. Mr. Croaston described the product delivery location and process. He pointed out that the main customer entrance and the wall signs will be located away from the neighborhood to reduce impacts. Chair Lillehei opened the hearing to:thepublic for comment. Mary Larson, 11135 Kenora Way ➢ Noise and how noise. can travel and become amplified. ➢ McDonald's Wifbe located too close to their homes. ➢ Hours of operation. Feels that 5:00 a.m. to 11:00 p.m. Sunday — Thursday and 5:00 a.m. to midnight on Friday and Saturday, as they requested with their original application in 2007, is sufficient. ➢ Number of cars and speeding: ➢ .. Directional Lighting.: Garbage pick - up times. Delivery times ,- Joan Portman, 11050 Kenora Way ➢ Noise:: She indicated that since Brunswick Zone XL was constructed she sleeps with her windows closed with fans or the furnace running all night. Therese Marshik, 16338 Kent Trail ➢ Ms. Marshik feels the issue is not just with McDonald's, but with any commercial business constructed close to their neighborhood. ➢ Noise. She hears the trash being dumped in the mornings and can hear Kwik Trip speakers at Kenrick Avenue, east of the freeway. She does not use her back yard anymore because of the noise. ➢ Referred to Brunswick Zone XL lighting and feels that adding more lighting for McDonald's is too much. Planning Commission Meeting Minutes, September 20, 2012 Page 3 ➢ Hours of operation. She has done a lot of research regarding the hours of McDonald's restaurants around the United States and 99.9% of the time their hours are not later than the hours they are asking for. Some cities restrict the McDonald's restaurant hours to match their noise ordinance. She would like the close time to be 11:00 p.m. consistent with the 2007 approval but would really prefer 10:00 p.m. for the young children in the neighborhood trying to sleep. ➢ Feels crime has increased in their neighborhood since Brunswick Zone opened. The McDonald's restaurant will further increase crime. She stated that criminals are walking behind the office building, breaking into the homes in their neighborhood, and getting away because they have instant access to the freeway. Todd Bornhauser, Chamber of Commerce Executive Director The Chamber of Commerce is in support of this McDonald's restaurant, just as it was in support of the project when it originally was proposed. The Comprehensive Plan and zoning support this type of business. - -::`Mr. Bornhauser thanked the Planning Commission for their review and approval of this project. Ginny Lampert, 11062 Kenora Way- • Ms. Lampert appreciated that McDonald's was : not requesting to be open 24 hours. She does feel strongly that the:.hours they are requesting are too much with it being so close to a neighborhood: . ➢ Crime. Ms. Lampert indicated that: she checked with the police department and learned that there were 51 pa ges of calls to the McStop area McDonald's and 94 pages of calls to the Trail McDonald's in the past two years. She admitted that she was not sure what types of calls these were She feels that this McDonald's will impact their neighborhood in a similar manner. ➢.. Does not feel- past land use change and commercial zoning of the property prior to the Kent 46 development proposal was good planning. Asked for an explanation of the new technology that McDonald's refers to for minimizing the noise from the menu board speakers. Asked if there would be outdoor seating. ➢ Requested that the CUP stipulate that there be no 24 hour business on this property due to the proximity to the neighborhood. Motion was made by Davis, seconded by Boerschel to close the public hearing at 6:44 p.m. Ayes: Blee, Maguire, Boerschel, Lillehei, Davis, Grenz, Drotning. Nays: 0 Chair Lillehei asked for comments from the Planning Commission. Discussion points were: Planning Commission Meeting Minutes, September 20, 2012 Page 4 • The noise concerns were addressed. Mr. Croaston was asked to explain the new technology for noise control. Mr. Croaston indicated that the speakers will be aimed toward County Road 46. Inside the restaurant they can control the volume accordingly to how much background noise there is. If there are complaints from the neighbors, the volume can be controlled by the manager. The speakers can be pre -set so the volume automatically drops at night when there is less background noise. He stated that the new speaker system and headset technology has greater clarity than in the past. • In response to questions about customer counts after midnight for the McStop and Icenic Trail McDonald's restaurants, Mr. Croaston commented that this restaurant is what they would call an urban restaurant. It will be located in a neighborhood and basically be convenience driven. It -is not going to pull people off of the freeway like the McStop restaurant which has gasoline sales adjacent to it. The Kent 46 McDonald's customers will be background traffic pulled in off of County Road 46. • When asked about the number of customers McDonald's would expect at this restaurant between midnight and-> 2:00 a.m.; . Mr. Croaston`: responded approximately 50 per hour. • Garbage pick -up and deliveries were discussed. Garbage pick -up would not take place from 10:00 p.m. to 7:00 a.m. as stipulated in the planning report. • Clarified with McDonald's that no outdoor seating is proposed. Mr. Dempsey stated that if McDonald's chose to have outdoor seating in the future there would be no need for an amendment to their CUP because there is ample parking to accommodate the outdoor seating; • Parking lot lights and headlights were discussed. McDonald's does not want the parking lotto be dark when they are not open. Night lights are on inside the building and they use LED lighting in the dining room area. McDonald's will address any lighting concerns from the The existing and proposed landscaping and the Kent 46 screening wall should defuse car headlights in the stacking lane from impacting most homes in the neighborhood. Mr. Croaston indicated that they could turn the stacking lanes a few degrees to the north if that would make a difference.. It was determined that any more landscaping may hinder driver sight visibility and snow plowing. • Concerning noise, it was pointed out that the first floor elevation of the existing homes south of Kent 46 sit considerably lower than the McDonald's site and the existing Kent 46 screening wall and landscaping buffers noise and light from the commercial area. : -In addition, the neighborhood receives noise from the freeway which can be amplified by Lee Lake so it is not currently a noise free area. • Product deliveries were discussed. Mr. Croaston stated that deliveries typically occur during off -peak business hours. Deliveries do not occur when the restaurant is not open for business. • Crime was addressed by Officer Fitzhenry. He indicated that typically the calls would be quality of life issues, such as juveniles gathering, curfew violations, loitering, etc. He indicated that the police have started being more proactive in working with the managers at the other McDonald's restaurants in Lakeville. Officer Fitzhenry indicated that there are loitering signs posted, but Lakeville Planning Commission Meeting Minutes, September 20, 2012 Page 5 does not have a loitering ordinance. If the manager asks someone to leave, and they don't, then it's trespassing. He stated they have an officer that meets with the Brunswick Zone manager on a regular basis. The police have not been getting complaints recently about the bands playing at Brunswick Zone. Concerning the pages of call reports referenced by the resident for the other McDonald's restaurants, the Police Department would have to look at the case files to determine the specific reason for the police call, which could be just a traffic stop. Lately, there has been less than one a month at Brunswick Zone. • Hours of operation was discussed. Why did McDonald's want to tie their hours to Brunswick Zone? Mr. Croaston indicated that McDonald's will get some of their customers from Brunswick Zone. Brunswick Zone hours are basically tied to their liquor license. Mr. Dempsey stated that if McDonald's wanted to change their hours of operation in the future, the City Council would have to approve the new hours of operation. The City Attorney stated that the hours of operation are tied to this conditional use permit, which runs with the land and is tied to a drive - through convenience food restaurant The City cannot restrict the hours of operation for a use on this property that is a permitted use with no restriction on hours by the Zoning Ordinance. Chair Lillehei recognized a request. from the audience to address the Planning Commission. Greg Kot 11280 Kenora Way ➢ He feels traffic from the west will come into the site off of County Road 46 at Kent Trail not at Kenyon Avenue. He is concerned about pedestrian traffic safety with the increase in car traffic entering the site from Kent Trail. He also commented that a traffic signal should be installed at the Kenyon Avenue /Buck Hill Road/CSAH 46. intersection. He feels this is a very dangerous intersection and having the McDonald's at that corner will make it even more dangerous. Mr. Dempsey explained that traffic signals at this intersection would be under the jurisdiction of Dakota County. The County has indicated that this intersection does not yet meet warrants for a traffic signal. County staff is monitoring this intersection for meeting warrants. Traffic signals would likely be installed when the vacant commercial properties across Kenyon Avenue and across County Road 46 from the McDonald's site are developed. Mr. Dempsey stated that the developer of the Kent 46 plat did provide a cash escrow for a future traffic light at this intersection. Mr. Morey suggested Stipulation 13 for the Planning Commission's consideration: 13. The drive - through orientation shall be reviewed prior to City Council consideration of the conditional use permit to reduce potential impacts to the neighborhood. Planning Commission Meeting Minutes, September 20, 2012 Page 6 Motion was made by Drotning, seconded by Davis to recommend to City Council approval of the McDonald's Restaurant Conditional Use Permit to allow a convenience food restaurant with drive through service, located at 21044 Kenrick Avenue, subject to the following stipulations, as amended: 1. The site shall be developed consistent with the plans approved by the City Council. A $10,000 security shall be submitted to the City prior to the issuance of a building permit to guarantee installation of the approved landscaping. 2. The McDonald's convenience food restaurant with drive - through service and any future convenience food restaurant on the subject property that includes drive - through service shall be restricted to business hours not to exceed 5:00 a.m. to 12:00 a.m. Sunday through Thursday and 5:00 a.m. to 2:00 a.m. Friday and Saturday. Any hours of operation beyond those approved with this conditional use permit shall require an amendment to the conditional use permit subject to the approval of the City Council. 3. All signage shall meet the requirements of the Zoning Ordinance. A sign permit is required prior to the installation of any signs. 4. All parking lot and exterior lighting shall be down -cast type fixtures and shall meet the requirements of the Zoning Ordinance. The lighting plan shall be amended prior to City Council consideration of the conditional use permit to show not more than 15 foot candles at ground level on all areas of the property. The parking lot lights shall: be turned off when the restaurant is closed. 5. Provisions shall be made for daily litter control and for an interior location for recycling and trash handling and storage. Garbage haulers shall not service the subject property between the hours of 10:00 p.m. and 7:00 a.m. 6. Unloading the deliveries shall; occur entirely within the McDonald's property. Backing into the site using the Kent 46 shared private drive is prohibited. All deliveries shall take place during off -peak business hours and not when the restaurant is closed for business. The parking of any vehicles, including delivery vehicles, shall not occur on the Kent 46 :shared private drive. The proposed . site improvements are subject to the review of the City Engineer prior to the issuance of a building permit. 9. Required parking spaces shall not be used for snow storage. Excess snow shall be hauled off -site. 10. McDonald's site development and outside building construction shall not occur between the hours of 10:00 p.m. and 7:00 a.m. in accordance with Title 4- 1 -4 -2A of the City Code. 11. Drive through service area speakers shall not be audible at the south property line of Lot 3, Block 1, Kent 46 and shall be in compliance with Section 11 -16 -25 of the Zoning Ordinance. 12. A building permit is required prior to commencing any building construction. Planning Commission Meeting Minutes, September 20, 2012 Page 7 13. The drive - through orientation shall be reviewed prior to City Council consideration to reduce potential impacts to the neighborhood. Ayes: Boerschel, Lillehei, Davis, Grenz, Drotning, Blee. Nays: Maguire. Commissioner Maguire has not heard compelling reasons to extend the hours of operation allowed in the Zoning Ordinance and she is concerned about the noise and the traffic from the interstate. The next Planning Commission meeting is scheduled for October 4, 2012. There being no further business, the meeting was adjourned at 7:58 p.m. Respectfully submitted, Penny Brevig, Recording Secretary Brooks Lillehei, Chair. Memorandum INTRODUCTION Item No. City of Lakeville Planning Department To: Planning Commission From: 79Frank Dempsey, AICP, Associate Planner Date: September 14, 2012 Subject: Packet Material for the September 20, 2012 Planning Commission Meeting Agenda Item: Conditional Use Permit for McDonald's USA, LLC Application Action Deadline: October 23, 2012 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 with drive - through service at 16205 Kenyon Avenue at the southwest corner of Kenyon Avenue and 160` Street (CSAH 46). The subject property is zoned C -3, General Commercial District. Convenience food restaurants with drive - through facilities are allowed by conditional use permit in the C -3 District with restricted hours of operation from 5:00 am to 11:00 pm unless extended hours are approved by the City Council with the conditional use permit. McDonald's is requesting extended hours of operation. In November 2007 the City Council approved a conditional use permit to allow McDonald's to construct a convenience food restaurant with drive - through service on this same lot. McDonald's allowed the conditional use permit to expire one year after it was approved to allow them to evaluate their options for construction on this site. Planning Department staff has reviewed the plans for compliance with the Zoning Ordinance and our findings of fact and a recommendation are included in this report. The following exhibits are attached for your information: EXHIBITS A. Location and Zoning Map B. Aerial Photo C. Overall Site /Aerial Photo D. Application Narrative E. Existing Conditions and Demolition Plan F. Site Plan G. Truck Turning Template On Site Plan H. Grading, Drainage, Pavement and Erosion Control Plan I. Utility Plan J. Floor Plan K. Landscape Plan L. Parking Lot Lighting and Fixture Plan (2 Pages) M. Building Elevations Plan N. Building Perimeter Lighting Fixtures (2 Pages) O. Site Signage Plan P. Meeting Notes of the August 9, 2012 Neighborhood Meeting Q. Emails /Letters from Neighborhood Residents (8 Pages) PLANNING ANALYSIS Comprehensive Plan. The subject property is guided for commercial development by the City's 2030 Land Use Plan. Zoning. The property is zoned C -3, General Commercial District and is located in the Shoreland Overlay District of Lee Lake. The subject property is platted as Lot 2, Block 1, Kent 46 and consists of 1.69 acres. The lot meets the lot area and lot width requirements for a commercial lot in the C -3 District. Drive -in and convenience food establishments are allowed by conditional use permit in the C -3 District. The approved Kent 46 plat and development plans met the impervious surface requirements for the Shoreland Overlay District. The McDonald's site plan proposes 28% pervious surface area consistent with the Kent 46 plans and in compliance with the convenience food restaurants with drive through service performance standards and Shoreland Overlay District impervious surface requirements. Surrounding Land Uses and Zoning North - County Road 46 and undeveloped commercial property (C -3 District) South - Commercial Office Building (C -3 District) East - Kenyon Avenue and undeveloped commercial property (C -3 District) West - Brunswick Zone XL (C -3 District) 2 Section 11 -73 -7H of the Zoning Ordinance includes performance standards for convenience food restaurants with drive - through service. The performance standards and staff's analysis of the proposed McDonald's restaurant are listed below: 1. Hours: The hours of operation shall be limited to 5:00 am to 11:00 pm, unless extended by the City Council as part of the conditional use permit. McDonald's is requesting approval of this conditional use permit with restaurant hours of 5:00 am to 12:00 am, Sunday through Thursday and 5:00 am to 2:00 am, Friday and Saturday to match the closing hours of Brunswick Zone. Requests for extended hours of operation by other convenience food with drive - through service facilities were approved for Wendy's and Taco Bell in Argonne Village on Kenwood Trail (CSAH 50) with hours from 5:00 am to 2:00 am daily. The McDonald's under construction at 179 Street and Cedar Avenue (CSAH 23) was approved for 24 hour operation. Burger King at Kenwood Trail (CSAH 50) and 1 -35, McDonald's located at Kenwood Trail (CSAH 50) and Icenic Trail near Dodd Boulevard (CSAH 9) and the McDonald's located at McStop at Kenrick Avenue (CSAH 5S) and 210` Street (CSAH 70) are allowed 24 hour operation since they were approved prior to the Zoning Ordinance requiring City Council approval for extended hours of operation. 2. Architectural Standards: a. As a part of the conditional use permit application, a color illustration of all building elevations must be submitted. The proposed new restaurant building will be 20 feet, three inches tall at the top of the parapet wall with exterior materials that include integral colored brown and red brick, white Exterior Insulated Finish System (EFTS), silver aluminum fascia cap and trellis system, plus yellow architectural accents and canopies over the main entrance and the drive - through service lane on the west side of the building. The proposed building exterior materials and design meet the requirements of Section 11 -17 -9D of the Zoning Ordinance as demonstrated on the building elevations plan (ExhibitM). b. The architectural appearance, scale, construction materials, and functional plan of the building and site shall not be so dissimilar to the existing nearby commercial and residential buildings, so as not to constitute a blighting influence. The proposed McDonald's restaurant building meets Zoning Ordinance requirements and will be compatible with the nearby commercial and residential properties given compliance with the stipulations of the conditional use permit. 3 Required PROPOSED Front Yard (north) 30 feet Front Yard (north) 95 feet Side Yard (east) 30 feet Side Yard (east) 164 feet Side Yard (west) 10 feet Side Yard (west) 56 feet Rear (south) 10 feet Rear (south) 63 feet Efforts have been made by McDonald's representatives to propose exterior building and site design with minimal lighting and signage. The building as presented on the site plan identifies that the Zoning Ordinance setback requirements will be met as follows: c. All sides of the principal building are to have essentially the same or a coordinated harmonious finish treatment pursuant to Section 11 -17 -9 of the Zoning Ordinance. All four sides of the building exterior will be constructed of two shades of full size integral colored brick and exterior insulation and finish system (EFIS) in addition to aluminum canopies. The exterior materials and quantities of these materials meet the requirements of the Zoning Ordinance for a commercial building in the C -3 District. d. Exterior wall treatments like brick, stone (natural or artificial), decorative concrete block and stucco shall be used. The building exterior will be constructed with full size integral colored brick and exterior insulation and finish system (EFTS), which is considered an artificial stucco material as allowed by Section 11 -17 -9 of the Zoning Ordinance. e. Earth tone colors of exterior materials shall be required. "Earth tone colors" shall be defined as any various soft colors like those found in nature, soil, vegetation, etc., such colors are limited to brown, black, grey, tan, beige, soft green, soft blue, or white. The exterior building elevations (Exhibit M) show earth tone colors for the building facade consistent with this requirement. f. Ten percent (10 %) of the building facade may contain contrasting colors. Contrasting colors shall be those colors not defined as earth tones. Color (yellow) accent features are proposed along the south and east elevation walls and above the parapet. The proposed color accent features meet this requirement. 3. Landscaping: a. At least twenty five percent (25 %) of the lot, parcel or tract of land shall remain as a grass plot, including trees, shrubbery, plantings or fencing and shall be landscaped. Required minimum green area should be emphasized in the front and side yards abutting streets or residential property. The site plan proposes 28.4% green space which exceeds the minimum 25% requirement. The landscaping along CSAH 46 and Kenyon Avenue meets the goals of the City's Corridor and Gateway Design Study. The landscape plan includes in- ground irrigation with sod in the green space areas. Proposed landscaping includes six white oak and two linden overstory deciduous trees, two eight foot tall blue spruce and 11 spring snow crab ornamental trees in addition to various shrubs, grasses and perennial flowers. The eight trees along the west property line will augment the seven trees in place along the Brunswick east property line. All trees and shrubs meet the minimum size requirements of the Zoning Ordinance. The landscape plan emphasizes all sides of the property and meets the requirements of Section 11- 73- 7H.3.b of the Zoning Ordinance. 4. Dust Control and Drainage: The entire area other than occupied by the building, structures or plantings shall be surfaced with asphalt, concrete, cobblestone, or paving brick to control dust and drainage, which is subject to the review and approval of the City Engineer. All areas of the site not occupied by the building or landscaping will be surfaced with asphalt or concrete. Approval of the site, grading and utility plans by the Engineering Department is required prior to the issuance of a building permit. 5. Exterior Lighting: The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right -of- way and shall be in compliance with Section 11 -16 -17 of the Zoning Ordinance. A comprehensive lighting plan shall be submitted as part of the conditional use permit application, and shall be subject to the following performance standards: a. Lighting at the periphery of the site and building shall be directed downward, and individual lights shall not exceed fifteen (15) foot candles at ground level. A total of nine light poles with 17lights on 21 foot tall poles will be located in the parking lot and drive aisles of the McDonald's property. Four locations shown on the photometric plan exceed 15 foot candles and must be reduced to comply with the Zoning Ordinance prior to City Council consideration of the conditional use permit. Staff recommends that the parking lot lights be turned off when the restaurant is closed. 5 b. Maximum site illumination shall not exceed one foot candle at ground level when measured at a boundary line with an adjoining residential property or any public property. The maximum site illumination does not exceed one foot candle at ground level at any property line. c. Except for permitted wall signage, the building fascia shall not be illuminated. The wall fascia of the building will not be illuminated. 6. Access: Vehicular access points shall create a minimum of conflict with through traffic movement and shall comply with Chapter 19 of the Zoning Ordinance. The McDonald's site is accessed from a private drive that intersects with Kenyon Avenue and serves the office building and Brunswick Zone XL. A two -way driveway is proposed at the east side of the McDonald's site and a one -way exit drive is proposed on the west side of the site. All drive aisles and parking spaces meet the minimum dimension requirements of the Zoning Ordinance. 7. Drive - Through Windows: Service windows shall be allowed if the following additional criteria are satisfied: a. Stacking: Not less than 180 feet of segregated automobile stacking lane must be provided for the service window. The drive - through lane is designed for double queuing at the menu order area. The designated drive - through queuing lanes from the pick -up window to the end of the designated queuing lane is 220 feet long, which exceeds the minimum 180 foot segregated stacking lane requirement. b. Traffic Control: The stacking lane and its access must be designed to control traffic in a manner to protect the pedestrians, buildings and green area on the site. No part of the drive - through lanes will negatively impact the building, pedestrian ways or landscaping. c. Use of Street: No part of the public street or boulevard may be used for the stacking of automobiles. No part of any public street or boulevard will be used for drive - through vehicle stacking. 6 8. Circulation and Loading: The site design must accommodate adequate turning radius and vertical clearance for a semitrailer truck. Designated loading areas must be exclusive of off street parking stalls and drive aisles and shall not cause conflicts with customer vehicles and pedestrian movement. A site plan must be provided to illustrate adequate turning radius, using appropriate engineering templates. The delivery truck access and circulation plan identifies a semi -truck and trailer entering the site via the east driveway entrance and exiting the site at the same location. 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 unloading prior to the delivery truck's arrival. Unloading of deliveries shall occur within the McDonald's site. No required parking spaces are impacted by the delivery truck entering or exiting the property (Exhibit G). 9. Pedestrian Traffic: a. An internal site pedestrian circulation system shall be defined and appropriate provisions made to protect such areas from encroachments by parked cars or moving vehicles. In front of the principal structure, the pedestrian sidewalk must be a minimum of five feet (5') wide and clear of any obstacle or impediment. A five foot wide concrete sidewalk will be in place along the south side of the property adjacent to the private driveway connecting the sidewalk along Kenyon Avenue and the Brunswick Zone XL property to the west. The sidewalk will also connect to the concrete sidewalk along the south and east sides of the McDonald's restaurant building.. b. A continuous and permanent concrete curb not less than six inches (6 ") above grade shall separate internal sidewalks for pedestrian traffic from motor vehicle areas, pursuant to the provisions of the Zoning Ordinance. A continuous six inch high concrete curb will encircle the parking lot and drive aisles as required by the Zoning Ordinance. 10. Noise. The stacking lane, order board intercom, and service window shall be designed and located in such a manner as to minimize automobile and communication noises, emissions, and headlight glare upon adjacent premises, particularly residential premises, and to maximize maneuverability of vehicles on the site. Noise control shall be required as regulated in Section 11 -16 -25 of the Zoning Ordinance. The property is located in a commercial zoning district approximately 230 feet from the nearest residential zoned properties to the south and 600 feet from the residential zoned property to the northwest. Noise from the menu service area will be controlled by the operator. 7 Noise shall not cause a nuisance and shall be in compliance with Section 11 -16 -25 of the Zoning Ordinance. 11. Signs: All signs shall be minimized and shall be in compliance with Chapter 23 of the Zoning Ordinance. A comprehensive sign plan must be submitted as part of a conditional use permit application. Freestanding Sign: The freestanding sign shall be self - supported vertically by a solid base extending horizontally for a minimum of the entire width of the sign face. Total height of the monument sign including the base shall not exceed 15 feet. The sign base and supporting material shall be equal to at least 40% of the total allowable sign square footage, and shall not be counted toward the sign area. The base shall be attached to the ground for its entire horizontal width of the sign. The base shall be stone, brick, or decorative masonry and shall not contain any sign copy. An 80 square foot McDonald's monument sign, including a 24.25 square foot non- electronic reader board, and totaling 15 feet in height will be located in the northeast corner of the site. The sign base will be four foot tall and constructed of masonry stone in compliance with these requirements. McDonald's is proposing wall signs on the north and east sides of the building. Each sign or combination of contiguous signs is allowed up to 100 square feet in area. The largest proposed wall sign will not exceed 73 square feet in area. Menu Signs: In addition to the freestanding sign allowed by Chapter 23 of the Zoning Ordinance, convenience food uses may display menu signs related to drive - through facilities, provided that: 1) Not more than two menu signs per drive - through lane are allowed. Two menu boards are proposed at the drive - through entrance. 2) The menu signs shall be single sided with an area not to exceed 50 square feet. Each menu board sign will be 41 square feet in area. 3) The height of the menu signs shall not exceed eight feet including its base or pole measured from grade to the top of the structure. Each menu board sign will be 6.25 feet in height. 4) The menu sign shall not encroach into any principal building setback and shall be located directly adjacent to the drive - through aisle and oriented in such a manner so that the sign provides information to the drive - through patrons only and does not provide supplemental advertising to pass -by traffic and does not impair site visibility or obstruct circulation. 8 The menu board signs will be set back 52 feet from the north property line and will not provide supplemental advertising to pass -by traffic and will not impair site visibility or obstruct circulation. All proposed signs meet Zoning Ordinance requirements for size, height and setbacks. A sign permit is required prior to the installation of any signs. CONDITIONAL USE PERMIT CRITERIA Section 11 -4 -7 of the Zoning Ordinance includes general performance standards for the evaluation of conditional use permit requests. The performance standards not addressed by the conditional use permit criteria of 11 -73 -7H of the Zoning Ordinance are as follows: 1. The use and site in question shall be served by a street of sufficient capacity to accommodate the type and volume which would be generated and adequate right -of- way shall be provided. CSAH 46 is designated as a A -Minor Expander and Kenyon Avenue is designated as a major collector in the City's Transportation Plan. Both streets have sufficient right -of -way and capacity to accommodate the proposed convenience food restaurant. The City and Dakota County will monitor the CSAH 46 /Kenyon Avenue intersection for any operational or traffic safety issues. 2. Adequate off - street parking and off street loading shall be provided in compliance with Chapters 19 and 20 of the Zoning Ordinance. The site plan proposes 73 parking spaces. A total of 48 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 = 118sf/15 = 8 spaces Patron Dining Area: 1 space for each 40 square feet = 845sf/40 = 21 spaces Kitchen /Office Area: 1 space for each 80 square feet = 1,503sf/80 = 19 spaces 48 spaces required 73 spaces proposed 3. Loading areas and drive -up facilities shall be positioned so as to minimize internal site access problems and maneuvering conflicts, to avoid visual or noise impacts on any "adjacent" residential use or district, and provided in compliance with Chapter 19 of the Zoning Ordinance. The McDonalds site is designed such that the drive - through menu boards and queuing areas are located on the northerly side of the site away from the Kenwood Oaks single 9 family neighborhood. Access to the drive - through lanes will be marked on the McDonald's driveway pavement as shown on the site plan. Drive - through patrons will exit the McDonald's site via the westerly one -way (exit only) driveway. 4. The site drainage system shall be subject to the review and approval of the City Engineer. The City Engineer has completed a preliminary review of the McDonald's plans but final approval by the City Engineer will be required prior to the issuance of a building permit. 5. Provisions shall be made for daily litter control, an interior location for recycling, and trash handling and storage or an outdoor enclosed receptacle area shall be provided in compliance with Section 11 -18 -11 of the Zoning Ordinance. Daily litter control is listed as a stipulation of the conditional use permit. The restaurant garbage receptacles will be located inside the building and will be accessed by the garbage hauler by an overhead door as shown on the building elevation plan, site plan and restaurant floor plan. Garbage pick -up shall not occur between the hours of 10:00 pm and 7:00 am. Neighborhood Meeting. McDonald's hosted a neighborhood meeting on August 9, 2012 at Brunswick Zone XL. Approximately 20 neighbors attended. Concerns were expressed regarding the hours of operation, cooking odors, noise from the drive - through speakers, lights from the property and vehicles, and litter control. My notes from the neighborhood meeting are attached as Exhibit P of the planning report. Neighborhood Letters /Emails. At the time of this planning report, eight emails and letters have been submitted by residents of the Kenwood Oaks neighborhood. Those emails and letters are attached as Exhibit Q. Any additional emails or letters received prior to the public hearing will be provided to the Planning Commission at the September 20, 2012 meeting. RECOMMENDATION Planning Department staff has reviewed the McDonald's convenience food restaurant plans and determined that they meet Zoning Ordinance requirements and therefore recommends approval of the conditional use permit subject to the following stipulations: 1. The site shall be developed consistent with the plans approved by the City Council. A $10,000 security shall be submitted to the City prior to the issuance of a building permit to guarantee installation of the approved landscaping. 2. The McDonald's convenience food restaurant with drive - through service and any future convenience food restaurant on the subject property that includes drive - through service shall be restricted to business hours not to exceed 5:00 am to 12:00 10 am Sunday through Thursday and 5:00 am to 2:00 am, Friday and Saturday. Any hours of operation beyond those approved with this conditional use permit shall require an amendment to the conditional use permit subject to the approval of the City Council. 3. All signage shall meet the requirements of the Zoning Ordinance. A sign permit is required prior to the installation of any signs. 4. All parking lot and exterior lighting shall be down -cast type fixtures and shall meet the requirements of the Zoning Ordinance. The lighting plan shall be amended prior to City Council consideration of the conditional use permit to show not more than 15 foot candles at ground level on all areas of the property. The parking lot lights shall be turned off when the restaurant is closed. 5. Provisions shall be made for daily litter control and for an interior location for recycling and trash handling and storage. Garbage haulers shall not service the subject property between the hours of 10:00 pm and 7:00 am. 6. Unloading of deliveries shall occur entirely within the McDonald's property. Backing into the site using the Kent 46 shared private drive is prohibited. All deliveries shall take place during off -peak business hours and not when the restaurant is closed for business. 7. The parking of any vehicles, including delivery vehicles, shall not occur on the Kent 46 shared private drive. 8. The proposed site improvements are subject to the review of the City Engineer prior to the issuance of a building permit. 9. Required parking spaces shall not be used for snow storage. Excess snow shall be hauled off -site. 10. McDonald's site development and outside building construction shall not occur between the hours of 10:00 pm and 7:00 am in accordance with Title 4 - 1 -4 -2A of the City Code. 11. Drive through service area speakers shall not be audible at the south property line of Lot 3, Block 1, Kent 46 and shall be in compliance with 11 -16 -25 of the Zoning Ordinance. 12. A building permit is required prior to commencing any building construction. cc: Ray Croaston, McDonald's USA, LLC 11 7 r FAST -2 1 1- z Brunswick Zone 162ND ST W Burnsville C -3 Office Building Proposed McDonald's Site Q z 0 v z w Print Preview Dakota County, MN Page 1 of 1 :. tI r. 'At Locator: of Proposed McDor laid 'sRestaurant pot ,4 Sf YV Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search, appraisal, survey, or for zoning verification. Map Scale 1 inch = 321 feet EXHIBIT B http: / /gisx.co. dakota. mn. us / website / dakotanetgis /printPreview.aspx ?PrintOptData = Dakota ... 9/14/2012 McDonald's, USA LLC. Lakeville, MN APPLICATION FOR SITE PLAN AND CONDITIONAL USE PERMIT August 23, 2012 Revised September 14, 2012 • • • • L A N D F O R M • • From Site to Finish EXHIBIT D INTRODUCTION On behalf of McDonald's USA LLC ( "McDonald's "), Landform is pleased to submit this application for site plan and conditional use permit approval to allow construction of McDonald's restaurant at 16205 Kenyon Avenue. The 1.69 -acre site is owned by Kenyon Holdings, LLC and would be purchased by McDonald's USA LLC. SITE PLAN Restaurants with drive -thru restaurants are a conditional use in the C -3 zoning and require approval of a site plan, subject to the standards in Section 11 -73 -7 (H) of the Zoning Code. We have prepared a site plan that complies with all ordinance standards for development of the McDonald's restaurant with drive -thru on this site. The site plan shows compliance with all setback, parking and landscape requirements. The new site plan is generally consistent with the site plan that was approved in 2007 for the McDonald's restaurant on this site. The signage will comply with ordinance requirements. CONDITIONAL USE PERMIT We are also requesting approval of a conditional use permit for a drive - though as allowed by Section 11-73 - 7(H) of the Zoning Code. The conditional use standards in this section note that the project must comply with 12 general standards. Our project meets these standards. We are requesting City approval to expand the hours of operation as allowed by this Section which states that "hours of operation shall be limited to five o'clock (5:00) A.M. to eleven o'clock (11:00) P.M., unless extended by the city council as part of the conditional use permit." McDonalds is requesting expansion of these limited hours of 5:00 a.m. to 12:00 a.m. Sun -Thurs and 5:00 a.m. — 2:00 a.m. Fri & Sat. With quality site design, landscaping and technology to minimize noise from drive -in speakers, we are able to meet our customer's demands with little impact on adjacent properties. While we believe that the site can be utilized as a 24 -hour operation, we are only requesting approval to allow the hours of operation to match the hours of the adjacent Brunswick Bowl. The extended hours are consistent with other uses that would be typically be found in similar zoning districts. The hours of operation are appropriate given the location of this building at Interstate 35 & CSAH 46 as evidenced by other businesses in the area that have 24 hour operation. In addition to the specific Conditional Use standards established for drive - throughs, the ordinance also requires compliance with the conditional use standards in Chapter 4 of the Zoning Ordinance. Our project meets these standards as noted below: 1. 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. MCD11119 L A N D F OR M August 23, 2012 Project Narrative 2 The proposed restaurant is a conditional use in the City's Zoning Ordinance and is consistent with the City Comprehensive Plan. Conditional uses are uses that are allowed provided the specific conditional use standards in the Zoning Ordinance have been met. In 2007, the City found that these conditional use permit standards have been met and our new plan is consistent with those standards. 2. The proposed use is or will be compatible with present and future land uses of the area. The property is zoned C -3 (general commercial), which is intended to "provide for the establishment of commercial and service activities which draw from and serve customers from the entire community or region ". The proposed restaurant use is a conditional use in this district and is compatible with present and future land uses in the area. This is part of the Brunswick Bowl commercial development that was approved in 2007 and this restaurant site is separated from residential land uses by an existing commercial office building. The existing building and associated landscaping help to provide a buffer between the new restaurant and nearby homes to the south. 3. The proposed use conforms with all performance standards contained in this code. The proposed restaurant conforms to all performance standards for this type of use in the C -3 district. We do request Council approval of expanded business hours as allowed by Section 11 -73 -7. 4. The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. Adequate utilities, roads, drainage and other infrastructure exist to serve this development site and any needed improvements were constructed as part of the 2007 approvals. The proposed use is allowed as a conditional use and will not overburden the city's service capacity. 5. Traffic generation by the proposed use is within capabilities of streets serving the property. The property is located at the southwest corner of the intersection of CSAH 46 and Kenyon Avenue (adjacent to Interstate 35), which were planned to, and are capable of, accommodating this proposed use. This use was previously approved on this site in 2007, but was not built at that time. SUMMARY We respectfully request approval of the Site Plan and Conditional Use Permit to allow construction of the McDonald's restaurant at 16205 Kenyon Avenue consistent with the 2007 approval and all current City Code requirements, with an extension to the hours of operation as noted above. CONTACT INFORMATION This document was prepared by: Kendra Lindahl, AICP MCD11119 L AN D F O R M August 23, 2012 Project Narrative 3 Landform 105 South Fifth Street, Suite 513 Minneapolis, MN 55330 Any additional questions regarding this application can be directed to Eric Kellogg at ekellogq at7landform.net or 612.638.0242. MCD11119 L A N D F© R M August 23, 2012 Project Narrative 4 INIDFORI.1 2012 . 7 7 7 7 \ \ 7 7" / HI 1 a • - n • 0 5 X a 3 T • z • • jr 1°1 ‘7\'\ 6 6 ° \ - .%0 ■ m • • - a '-„, it L: - a. eLL j_ ___ t ■1° 9;t - y1 • 5 3y cP r. t- / / • " 1 ° Eis 1 7 N00°25'30E ■ G A ------ k 4-TILIT1 EL 1hJ41 111 r.ro rf. - MI 270.94 95, go , co ° NY° M t 9 NOAND fiNgAY 4g) - --4 ; 9 ,2 4 . k,fIlmAmy■ SHEET O 5 11 cr ry LAKEVILLE STATE MN STREET ADDRESS MOM 16205 KENYON AVENUE DAKOTA McDONALD'S USA, LLC. 110SE DRAWINGS AND SPECT1CATIONS ARA TYE CONFIDENTIAL ANO PROPRETARY PROPERTY OP McDONALDS CORPORATION ANO SHALL NOT BE COPEP OR REPRODUCED 4104000 WRITTEN AUTHORIZATION THE CONTRACT DOCUMENTS WERE PREPARED FOR USE DA THIS SPACE-IC STE N CONJUNCTION WITH 105 ISSUE DATE MP ARE NOT %MOLE FOR USE ON A OPFERENT SITE OR AT A LATER TIME UBE OF THESE DRAWNGS FOR REFERENCE OR EXAMPLE ON ANOTHER PROJECT 2E002E5 TYE SERVICES OF PROPERLY LICENSED ARCMTECTS AND ENGINEERS REPRODUCTION OF THE CONTRACT DOCUMENTS FOR REUSE ON ANOTHER PROJECT S NOT 0004000130 1650 W 82NO STREET f500 BLOOMINGTON, MINNESOTA 55431-9888 (952)-884-4355 SHEET NAME D1511NG C.ONDITIONS & DEMOLITION NA I IONAL NUMBER SI A I E NUMBER DRAWN ICI SPM/EMKIENC 14 FOTOIS50£6 REVIEWED BY EMIVENC DATE REVIEWED 8/22/2012 bet IN 4-11 S. 812312012 REV DATE 8/23/2012 9/4/2012 REVISION HISTORY PERDP SAIIITTAL REVISER CITY SUBMITTAL rr LANDFCRM 20'2 0 O 0* Q — W m • Q C a• F - Q � N • • • O 73 3 rF 5 r r Aa DOH z ..1 Tm •EE ADDRESS 16205 KENYON AVENUE • DAKOTA CITY LAKEVILLE STATE MN SHEET NAME SITE PLAN NA'T'IONAL NUMBER ST'A'TE NUMBER DA DRAWN BY 5PM/EMR/CNC REVIEWED BY EMR/CNC fE REVIEWED 8/22/2012 8/23/2012 McDONALD'S USA, LLC. THESE DRAWINGS AND SPECFICATIONS ARE THE CONFOENTIAL AND PROPRIE0ART PROPERTY OF MAONALD'S CORPORATION ANO SHALL NOT BE COPED OR REPRODUCED WTHOUT *211iEN AUTHORIZATION. THE CONTRACT DOCUMENTS WERE PREPARED FOR USE ON THIS SPECIFIC SITE N CONJUNCTION WITH ITS 15511E DATE AND ARE NOT SUITABLE FOR USE ON A 000626NT SITE OR AT A LATER TIME. USE OF THESE DRAWINGS FOR REFERENCE 02 E0M310 ON ANOTHER PROJECT 2000505 THE SERVICES OF PROPERLY LICENSED ARCHTECTS AND 040140E25. REPRODUCTION OF THE CONTRACT DOCUMENTS FOR REUSE ON ANOTHER PROJECT 5 NOT AUTHORIZED. A 1650 W. 8257 STREET 1/900 BLOOMINGTON, MINNESOTA 55431 -9886 (952)- 884 -4355 REY DATE 0/23/2012 9/4/2012 PH2MR SUBMITTAL REV0E0 CITY 5110411111E REVISION HISTORY d SHEET NO. 8 .men gt t�ga wr mrmrir 0 • • Z • 0 • ♦ T • 0 • •3 CITY LAKEVILLE STREET ADDRESS 16205 KENYON AVENUE STATE MN COUNTY DAKOTA SHEET NAME TRUCK TURNING NATIONAL NUMBER STATE NUMBER DRAWN BY 5VMIEMK/CNC DTR O� REYIEWLD BY EMK/CNC DATE REVIEWED BJ2?//012 DATE ISSUED FM2312012 McDONALD'S USA, LLC. TFESE DRAWNCS AND SPECFICATIONS ARE TIE CONFIDENTIAL. AM PROPRETARY PROPERTY OF TYPONALDS CORPORAWN AND SHALL NOT BE COPED OR REPRODUCED WITHOUT WRITTEN AUTHORIZATION THE CONTRACT DOCUMENTS WERE PREPARED FOR USE ON TI ■S SPEGSIC STE IN CONJUNCTION WITH ITS ISSUE DATE AND ARE NOT SUITABLE FOR USE ON A DEFERENT SITE OR AT A LATER 1E1E. USE OF T/ESE DRAWNCS FOR REFERENCE DR EXPIRE ON ANOIAER PROJECT REQUIRES THE SERVICES OF PROPERLY LICENSED ARCHITECTS AND B701ERS REPRODUCTION OF THE CONTRACT DOCUMENTS FOR REUSE ON ANOTHER PROJECT 5 NOT AUTHORREO OFFICE ADDRESS 1650 W 82ND S1REE1 #900 BLOOMNC1ON. MINNESOTA 55431 -9888 (952) -884 -4355 O p 9 REV a /23/2orz 3 /4/2012 DAIE REVISION HISTORY PEWIT 9LOIRT L REVBEO CRY SU&RTAL ® IANDF0IJ E12 © LANDFOR J 2012 a• 0 Z 0 o X 0 0 A 3 -PI • • L • n • 3 T 3 SHEETNO C11Y STATE LAKEVILLE MN K 16205 KENYON AVENUE DAKOTA SHEET NAME g GRADING, DRAINAGE, PAVEMENT & EROSION CONTROL ai NATIONAL NUMBER I S"I A I NUMBER ��11w�'cl�a ®l�8 MEM- 1 B DRAWN BY 8PM/EMK/CNC P ROTO ISSUED REVIEWED BY EMK/CNC DATE REVIEWED 8/22/2012 DATE ISSUED 8/23/2012 G) 0 3 A OFFICE ADDRESS McDONALD'S USA, LLC. THESE DRAWINGS APO SPECFICATIONS ARE THE CONFIDENTIAL AND PROPRIETARY PROPERTY OF 4,20NALD5 CORPORATION AND SHALL NOT BE COPED OR REPRODUCED WITHOUT WRITTEN AUTHORIZATION THE CONTRACT DOCUMENTS WERE PREPARED FOR USE ON THIS SPECFIC SITE W CONJUl01-01 WITH ITS ISSUE DATE AND ARE NOT SUTABLE FOR USE ON A DFFEREN1 SITE OR AT A LATER 0ME USE OF THESE DRAWINGS FOR REFERENCE OR EXAMPLE ON ANOTHER PROJECT REQUIRES THE SERVICES OF PROPERLY LICENSED ARCHITECTS AND 04331ER5 REPRODUCTION OF THE CONTRACT 000111ENT5 FOR REUSE ON ANOTHER PROJECT IS NOT AUTHORIZED 1650 W 82ND STREET x/900 BLOOMINGTON, MINNESOTA 55431 -9888 (952)- 884 -4355 3, Ppd REV DATE 0/23/2012 1/4/2012 PERMIT REVISED CITY SUBMITTAL REVISION HISTORY ©LANDFORM 2012 r r T 3 0 r XI 33 • • s -7 • T • 00 w __ r I. 34 -15 RCP ®262 %. ® ".".« 1 01, a S. / W O, — _ SSTS��� 5 6 -15' RCP 0 30% ® T N00 °25'30 "E T5 UT, — ?C:I c:F , UTILI'1 En_tIL I' 1 FI ? 1111 — ,., ,,,1,11 6 1 .1 - 1 —� = g, 9 � g5 - � 5 ° 9 NOANgN gnNJA -- - a`= gN N a 270.94 T U ▪ 554, 444 �?f ' 1 a U'A' 64 12" PVC 03� STS�OD c i 4 mI . I I' 2 5 I Y II 0 1° 6 10° CITY LAKEVILLE STREET A DDRESS 16205 KENYON AVENUE STATE MN COUNTY DAKOTA SHEET NAME U71LI11E5 NA I IONAL NUMBER SIA IE NUMBER DRAWN BY 5FM/EMK/CNC 1 ROTO ISSUED REVIEWED BY EMK/CNC DATE REVIEWED 8/22/2012 DATE ISSUED 8/23/2012 McDONALD'S USA, LLC. TFESE DRAWINGS ALIO SPECFICATIONS ARE THE CONFIDENTIAL kV PROPRIETARY PROPERTY OF McDONALO 5 CORPORATION AND SHALL NOT BE COPED OR REPRODUCED WITHOUT WRITTEN AUTHORIZATION THE CONTRACT DOCUMENTS WERE PREPARED FOR LSE ON TOPS SPECIFIC 311E N CONJIMCTKAJ WITH ITS ISSUE DATE AND ARE NOT SUITABLE FOR USE ON A DIFFERENT SITE OR AT A LATER TIME U56 OF THESE ORAWNGS FOR REFERENCE OR EXAMPLE ON ANOTIE2 PROJECT REQUIRES THE SERVICES OF PROPERLY LICENSED ARC16TECTS AND ENGINEERS REPRODUCTION OF THE CONTRACT DOCUMENTS FOR REUSE ON ANOTHER PROJECT 5 NOT AUTHORIZED OFFICE ADDRESS 1650 W 82ND STREET x/900 BLOOMONGTON, MINNESOTA 55431 -9888 (052)- 884 -4355 a a REV DATE 0/23/202 9/4/2012 REVISION HISTORY PERMIT 560111AL REV6ED CITY SMITH-AL 45' -0 14' -8° 3' -4 16 ° / 16' -4° y 6' -0 yt6 ° , ‚d rpr I �__L __1 A A I I 111111 � m O 0 s g - I i 9 'I- ' ` II - - -- L iii E4 sO P s r IL I:i 1 _, -� m m I O N z L - J1 I 1 y l I II�� -- 0 ' iL �� J 'I1 i \1 I ,J "� = 1 I II , -- ' - -- -, w III II ' -\ -.• • - MD - o 0 O s r A in s � �OE -- - I = rm v - y �i A m gz l r rr\ ,1 I 1 I d H Ii J w j1---- II u u �� JI 7 I 1 L_ _ Is I � -- 4 \� r \ _ 1.1 li y A ca n � nA 1 ____h/1 mil • 1 . 1 I I J 1 12 n 1 0 ; ♦Z Nn yy 0 I I I e w /i 1 , m �� \: I ` ``\ N. \ o 1 iii 16° . 16 ° � 2' -8 3•_4° 4' -0 3/4" 8' -0 8' -0 23' -8 44 40 ._ 4 " 0 PREPARED FOR, O 2012 AMOmald s USA LLC McDonald's USA, LLC These drawings o sF masons e 1 confidential and pro d proprietary p of MmanaloCs U SA. LLC a be rodac an . contract documents were prep.. for use on thfs site in contunction with qs issue dote and ore not suitable for use on o deferent site or ot o loter hme Use of sct engineers frees l Reproduction of properly er of nsed documents o...to ond for reuse on another protect ts not authorized McDONALD'S RESTAURANT NEW FREESTANDING BUILDING McDONALD'S STATE SITE CODE: 022 -0533 1605 KENYON AVE.; LAKEVILLE, MINNESOTA PROPOSED FLOOR PLAN & DETAILS I hereby certify that this plan, specification or report was prepared by me under my direct supervision and that I am a duly registered ARCHITECT under the laws of the T State of MINNESOTA Signature BRIAN R JOHNSON 00 /00 /0000 18050 Date Registration Number CI, LAN DE CHM 20'2 o F • • • O 73 z NATIONAL NUMBER CITY STATE LAKEVILLE MN STREET ADDRESS 16205 KENYON AVENUE SHEET NAME LANDSCAPE PLAN STATE NUMBER DAKOTA DRAWN BY SPM/EMK/CNC PRO'IO. ISSUED McDONALD'S USA, LLC. THESE DRAWINGS AND SPECIFICATIONS ARE THE CONFIDENTIAL AM PROPRIETARY PROPERTY OF Mc CORPORATION AND SHALL NOT BE COPED OR REPROOUCEO WITHOUT WRITTEN AUTHORIZATION. THE CONTRACT 00CLT1ENT5 WERE PREPARED FOR USE ON T5S SPECIFIC SITE N CONJUNCTION WITH TS ISSUE DATE AND ARE NOT SUITABLE FOR USE ON A 050222NT SITE OR AT A LATER PRE. USE OF THESE DRAWINGS FO2 REFERENCE OR EXAMPLE ON ANOTHER PROJECT REQUIRES THE SERVICES OF PROPERLY LICENSED ARCWTECTS AND 250412ER5. REPRODUCTION OF THE CONTRACT DOCUMENTS FOR REUSE ON ANOTHER PROJECT 15 NOT AUTHOR0E0. REVIEWED BY EMK/CNC DATE REVIEWED 6/22/2012 DATE ISSUED OFFICE ADDRESS 6/23/2012 1650 W. 82ND STREET #9OO BLOOMINGTON, MINNESOTA 55431 -9888 (952)- 884 -4355 5/23/2012 PERMIT 51911 9/4/200 REVISED Ciro 50641/0020 REV DATE REVISION HISTORY (c 6 4 e 1 B L i e ® a O O O O 0 - 0 b 12 O N m 1 w w J UY. -.... J (a O m 12 m W O 80 0) N 9 9 A A is A A O m O F ia — Ta .-g � — O 0 O 9 9 N 01 9 O Ci J CITY LAKEVILLE STATE MN STREET ADDRESS 16205 KENYON AVENUE SHEET NAME SITE PHOTOMETRIC5 DAKOTA 5PM/EMK/CNC REVIEWED BY EMK/CNC DATE REVIEWED 8/22/2012 NA 'I ZONAL NUMBER STATE NUMBER DATE ISSUED 8/23/2012 OFFICE ADDRESS O 0 0 0 N W N 0 0 in 0 0 J — 2 ' O _ — m N J — m O O N IJ O A (N (8 N J N OT. A 41 VI U O U lb 122 N N 9 J (3 N N 1N _ 4 _ 9 T — J U to CJ J N m 9 A — N N O J N O O U 9 Lt 1650 W. 82ND STREET /000 BLOOMINGTON, MINNESOTA 55431-S888 (952)- 884 -4355 9 9 6 McDONALD'S USA, LLC. THESE DRAWINGS AND SPECFCATONS ARE THE CONFIDENTIAL AND PROPRIETARY PROPERTY OF M*DONALDS CORPORATION AND SHALL NOT BE COPIED OR REPRODUCED 9100001 WRITTEN AUTHORIZATION. THE CONTRACT DOCUMENTS WERE PREPARED FOR USE ON THIS SPECFIC SITE N CONJUNCTION WITH ITS 1550E DATE AND ARE NOT SUITABLE FOR USE ON A DEFERENT 510E OR AT A LATER 5)0. 05E OF THE5E DRAWINGS FOR REFERENCE OR EXAMPLE ON ANOTHER PROJECT REOURE5 THE SERVICES OF PROPERLY LICENSED ARCMTECT5 AND ENGINEERS. REPRODUCTION OF THE CONTRACT 0001)1ENT5 FOR REUSE ON ANOTHER PROJECT 5 NOT AUTHORIZED. m U S O 5 a a N U N O J 0 9 C 16' ENS 90-10 CI :4 CI z 9 0 a 2 REV DATE 0/23/2012 a /a/2o12 B 5UBMIT RE .0 CITY SUSHI ttAL REVISION HISTORY RSB -RCS /L SERIES Fixture Specifications • One -piece formed aluminum housing • Hydroformed aluminum reflector • Die cast zinc latches permit tool -free entry • High power factor ballast with -20°F starting • Consult factory for glare shield options ORDERING INFORMATION SAMPLE CATALOG NUMI:ER RSB -RCX XXXXXXX XX 1 Series Wattage /Source Finish SERIES RSB -RCS RSB -RCL RSB Senes - Small RSB Senes - Large 5 06SOURC ' 100PMH 175PMH 250PMH 320PMH 1000MH 100HPS 150HPS 250HPS 400HPS 1000HPS 100 watt pulse start metal halide (RCS) 175 watt pulse start metal halide (RCS) 250 watt pulse start metal halide (RCS) 320 watt pulse start metal halide (RCS /L) 1000 watt metal halide (RCL) 100 watt high pressure sodium (RCS) 150 watt high pressure sodium (RCS) 250 watt high pressure sodium (RCS) 400 watt high pressure sodium (RCS /L) 1000 watt high pressure sodium (RCL) • Lamp and arm included • Flat tempered glass lens • Luminaire finished in weatherproof powder -coat paint • Available with photocell and polycarbonate shield • Rotatable optics (RCL only) • UL listed for wet locations X XX Distribution Voltage © ISIF DB Dark Bronze BK Black WH White PS Platinum Silver DISTRIESUGON 3 Type III 4 Type IV 5 Type V (square) VOLTAGE MT Multi -tap ballast (120, 208, 240, 277) 48 480 volt 1 Consult factory for other wattages and pulse Start oval/0d y 2 Consult factory for otter finishes A HUBBELL LIGHTING, INC. COMPANY The RSB -RCS /L Series rectangular shoebox is offered in a variety of lighting distributions with sharp cutoff to meet the challenging demands of today's site lighting projects. Removable Ballast - Compartment Lamp - - A c B Performance Designed Lighting Products www.securltyllghling.com 1085 Johnson Drive • Buffalo Grove, IL 60089 • TOLL -FREE: 800- 544 -4848 • PHONE: 847- 279 -0627 • FM: 847- 279 -0642 m x T r 0 mom _`:�1�. al��llllllhlll�l;lll��:, IV 0 m 0 A i PREPARED FOR: ®1011 urflmade USA IIC /A. McDonald's USA, LLC tee drawings and .peclOcoUns are the aonfidentw and proprietary property of McDOnak'. USA LLC and Nan not be copied or reproduced .Meat am authorisation. The contract docwr.nte were prepared for we an this .pndla at. in conjunction with iKs into dot. and an not suitaWe for use on a different .ds or at a later time. Use of these drawing. for reference or want* on mother project rebilra the . O.. of properly Roomed architect. and engineers. ine the rs. Reproduction of . =Mad daaum a .nt. f another project b not authorised. McDONALD'S RESTAURANT NEW FREESTANDING BUILDING State Site Code: 000 -0000 1605 KENYON AVENUE; LAKEVILLE, MINNESOTA PROPOSED EXTERIOR ELEVATIONS rep / DESIGN INGOP.rORAT HIRAF LINEAR LED FACADE FIXTURE Fixture Specifications FEATURES • Extruded aluminum construction, finished in weatherproof powder -coat paint • Tempered glass lenses • Power feed required only at beginning of each continuous row; subsequent fixtures plug together in series • Fully integral driver system for completely self - contained lighting system • Aluminum mounting brackets are finished in powder - coat paint and each order ships with a formed drilling template For ease of installation • 70 CRI standard ORDERING INFORMATION SAMPLE CATALOG NUMBER HIRAF Series HIRAF SOURCE LED 96 72 48 36 LED Source SERIES Linear Facade Fixture LED 8 -Foot 6 -Foot 4 -Foot 3 -Foot XX Sae XX Distribution SIZE DISTRIBUTION UD DO UO 120 277 A HUBBELL LIGHTING, INC. COMPANY • 5200K color temperature standard. Consult factory for others. • 50,000 hour long life LED illumination • Fixtures available in up and down light, down light only or up light only Voltage 120 -Volt 277-Volt HIRAFLEDWHIPKIT DIMENSIONS 100( PS Finish Up and Down Light Down Light Ony Up Light Ony VOLTAGE The HIRAF Linear Facade Lighting System is a holistic LED lighting solution designed from a dean slate to maximize the lighting effect for marketing your building as your brand while keeping energy usage and maintenance to an absolute minimum. Thanks to its intuitive plug and play mounting design with integral driver system, installation is quick and simple and only requires that power be brought to one fixture in each continuous row. The long life LED source minimizes maintenance to only an occasional cleaning of outer lens surfaces. This system is truly a "set it and forget it" solution only from Security Lighting! 0 0 3.9' 0 0 7,8H 36 ", 48", 72" or 96" FINISH Standard: P5 a Platinum Silver WH = White BL Black DB — Dark Bronze Custom Cobr: Consult Factory ACCESSORIES Power whip kit (one required per row of Fixtures or one per fixture if not mounting continuous row) Performance Designed Lighting Products " `" °r' I 1 T N 1085 Johnson Drive • Buffalo Grove, IL 60089 • TOLL -FREE: 800 - 544 -4848 • PHONE: 847 - 279 -0627 • FAX: 84 2 RADIUS WALL SCONCE Fixture Specifications FEATURES • Durable cast aluminum housing • Available in various lighting distributions For maximum versatility • Integrated design eliminates high angle brightness • Luminaire finished in weatherproof powder -coat paint ORDERING INFORMATION SAMPLE CATALOG NUMBER SERIES RWSC RWSC Series WATTAGE/SOURCF 70PMH 100PMH 150PMH 70HPS 100HPS 150HPS 260F 32TRF 42TRF 2260F 232TRF 242TRF 30LED Radius Wall Sconce 1100010(0 Wattage /Source 70 watt pulse start metal halide 100 watt pulse start metal halide 150 watt pulse start metal halide 70 watt high pressure sodium 100 watt high pressure sodium 150 watt high pressure sodium 26 watt quad tube fluorescent 32 watt triple tube fluorescent 42 watt triple tube fluorescent 2x26 watt quad tube fluorescent 2x32 watt triple tube fluorescent 2x42 watt triple tube fluorescent 30 watt LED' >X XX lOCX Distribution Finish Voltage DISTRIBUTION UD Up /Downlight WD Downlight only (wide distribution)- standard FT Downlight only (forward throw) FINISH' DB BK WH PS Dark Bronze Black White Platinum Silver 1 Consult factory for other lamp wattage and sources. 2 Other finishes available. Consult factory. 3 Available with WD distribution only. 4 Not for use with LED source. A HUBBELL LIGHTING, INC. COMPANY The RWSC Series radius wall sconce offers maximum versatility with multiple light sources and finishes. The available combination of uplight /downlight washes the building facade while the radial soft Form housing will complement similararchitectural design elements. DIMENSIONS • Completely sealed, fiat tempered glass lenses suitable for use in wet location • Ships complete with lamp • Downlight only, full cut -off Dark Sky compliant A 120 277 MT EM 7.25" 120 volt 277 volt Multi -Tap B C 18.0' A B C 9.0' VOLTAGE OPTIONS OSL Quartz re -strike with lamp F Single fusing FF Double fusing EM12` 1 MRII /MR16 two pin socket for 12v power (by others) 35w max 35w MR1 1 lamp included. 2EM12` 2 MRII /MR16 two pin sockets for 12v power (by others) 35w max 35w MR1 1 lamp included. ACCESSORIES Remote emergency ballast (fluorescent only) Performance Designed Lighting Products www.securitylighting.com 1085 Johnson Drive • Buffalo Grove, IL 60089 • TOLL -FREE: 800 -544 -4848 • PHONE: 847 - 279 -0627 • FAx: 847 - 279 -0642 Z --1 Z O r z n o m z 0 r- > m r m z co a 0 E3 co m 0 Q - 13 O CL (D J m <m ° u3 a 0- co 2 c m m �m c Q O' g- g y < x o '3N d g = Z v v m0 m 0 0 m n m g m N' w 0 6 m y ga m � 0 a n El 3 , Ci o ? Hm GCE O �g F a H m a LI 03 5 0 = 7m 0 CD cn n 0 7J 0 0 cn c C) 2 m m N 3 O 3 crA -- ti v i N t0 00 1 yrs o l 0 Z Z O Z , 00 07 00 t L =.* o0 e sx` S1> c t S So a T Cs 'LS "C 1i1 p S A S 5.a 0 O N 1 0 • 00 00 07 w Ca' X • tzr S13 rn w 0) CO Qf 4 41 0 41 0 N 00 N 441 O Memorandum TO: Planning Commission FROM: Frank Dempsey, AICP, Associate Planner DATE: August 10, 2012 SUB3ECT: McDonald's Kent 46 Neighborhood Meeting Notes City of Lakeville Planning Department On August 9, 2012, McDonald's USA, LLC hosted a neighborhood meeting in advance of submitting a conditional use permit application and plans for a new McDonald's restaurant with drive through service at the southwest corner of Kenyon Avenue and 160 Street (CSAH 46). The meeting was held at Brunswick Zone and began at 6:30 PM. The meeting was attended by the following individuals: • Ray Croaston, Project Manager with McDonald's • Eric Kellogg, Project Coordinator with Landform Engineering • Frank Dempsey, Associate Planner • Mark DuChene, Development Design Engineer • Approximately 20 neighborhood residents Ray Croaston introduced himself and the project proposed by McDonald's. McDonald's previously received approval of a conditional use permit at this location in 2007 but let the conditional use permit expire as the company reconsidered it's options and site design. The following questions and comments were raised during the meeting: 1. Do we need another McDonald's restaurant and why did McDonald's choose this location? 2. Why does McDonald's want to locate so close to existing homes? 3. Why can't a different restaurant, retail or office building locate on this lot? 4. How is cooking odor controlled? EXHIBIT P 5. The residents are concerned about hearing the ordering speakers. 6. The residents are concerned about lights from the building and vehicles shining into the neighborhood. 7. What are the proposed hours of operation? (McDonald's has not yet indicated but they may ask for 24 hour operation. McDonald's will have to determine whether they will request 24 hours when they submit the conditional use permit application.) 8. General concerns were raised convenience food restaurant compatibility in proximity to residential. 9. McDonald's estimates that between 600 -800 cars per business day may use the restaurant. 10. How tall can a freestanding sign be? Staff indicated the Zoning Ordinance allows a maximum sign height of 15 feet on a monument base. 11. Will an electronic message board be included in the sign? McDonald's indicated it would not and staff indicated that the Zoning Ordinance does not currently allow electronic message boards. 12. Will McDonald's consider adding landscaping to the south side of their lot to screen headlights and site lighting from the residential area? 13. McDonald's was asked to describe their litter control policies and whether they will collect McDonald's litter off the McDonald's property? 14. Concerns were raised about trash pick -up. McDonald's indicated that trash storage will be located inside the building and pick up will be during off -peak or off - business hours. 15. McDonald's explained their delivery hours and unloading practices. Deliveries are scheduled during off -peak business hours in the morning or evening. The meeting adjourned at 7:45 PM Dempsey, Frank From: Mary Larson <mflarson59 ©gmail.com> Sent: Tuesday, August 14, 2012 8:30 AM To: Dempsey, Frank Subject: Application for McDonalds on 46th and Kenyon Hi Frank, Thank you for being at the meeting last week up at Brunswick. As mentioned you asked ask to send any concerns that we would have with this project of McDonalds coming into our neighborhood. For most of us on the South side wall, would be the noise and the hours of operation. Currently, on occassion, I have had to call up to Brunswick as there "music" has woke me up or kept me up at night. They have usually taken care of it, but I should not be having to deal with that. Now we are facing the McDonalds coming in adding approximately 600 to 800 MORE cars driving along the drive, with loud music and the sound of there subwoffers going at full blast. Then there is the loud speaker for the drive thru. I know McDonalds will tell you they have "state of the art", sound systems for their drive thru's, however, it is still added noise that we do NOT have today, that will again, be an intrution on our homes and sleeping. The next biggest or right at the same level of the noise and traffic concern is the hours. I know they say they won't necessarily ask up front for the 24 hours, but "could" in the future. Really? That just does not seem right, being we are 500 feet or less from this location. I have little ones in my house, and she sleeps in the front of the house, and has been woken up from the Brunswick noise before, and now you will add 24 hours to the mix, with 600 to 800 cars a day? I would truly ask that you and all our city leaders really think twice about allowing McDonalds to build at this spot, and if you do that you tell them up front, no 24 hours can be awarded, period! I wish a Chipotle or something along that lines would approach the city and build. At least it is somewhat more of a healthier choice of eating as well as hours that are more suited for a residential area. Thank you for your time, The Larson Family 1 EXHIBIT Q Dempsey, Frank From: Greg Kot <kotfamily4 @charter.net> Sent: Tuesday, September 04, 2012 11:14 PM To: 'jmisencik'; 'Amy & Josh Rueggs'; 'Buzz & JoAnn Magnuson'; 'Chad & Karen Meyer'; 'Chris & Kelly Drake'; 'D Pearce'; danl amy @charter.net; 'Ginny Lampert; 'Gordy & Terri Marshik; 'Jason & Rachel Theel'; 'Jennifer & Tony Haber'; 'Julia & Aaron Trygstad'; kareetureson @charter.net; kdteich89 @charter.net; 'Kris Teich'; 'Kristen Boisjolie'; 'Kurt & Karee Tureson'; 'Mark & Meri Nielsen'; 'Megan & Brooks Lillehei'; 'Mike & Sue Ferrazzo'; 'Natalie & Chris Walker'; 'Rachael Pearce'; 'Rich & Julie Clark'; 'Rick & Rosie Uphoff; 'Rob & Carol Metz'; 'Sandy & Rick Jurchisin'; 'Scott and Sheri Alman'; 'Tiffany & Randy Gameson'; 'Tim Boisjolie' Cc: cralbeau @yahoo.com; Dempsey, Frank Subject: RE: A 24 -hour McDonalds adjacent to our neighborhood? From: Greg Kot Finailto:kotfamilv4CTcharter.netl Sent: Tuesday, September 04, 2012 11:10 PM To: 'jmisencik'; 'Amy & Josh Rueggs'; 'Buzz & JoAnn Magnuson'; 'Chad & Karen Meyer'; 'Chris & Kelly Drake'; 'D Pearce'; 'danlamy @charter.net; 'Ginny Lampert'; 'Gordy & Terri Marshik'; 'Jason & Rachel Theel'; 'Jennifer & Tony Haber'; 'Julia & Aaron Trygstad'; 'kareetureson @charter.net; 'kdteich89 @charter.net; 'Kris Teich'; 'Kristen Boisjolie'; 'Kurt & Karee Tureson'; 'Mark & Meri Nielsen'; 'Megan & Brooks Lillehei'; 'Mike & Sue Ferrazzo'; 'Natalie & Chris Walker'; 'Rachael Pearce'; 'Rich & Julie Clark'; 'Rick & Rosie Uphoff; 'Rob & Carol Metz'; 'Sandy & Rick Jurchisin'; 'Scott and Sheri Alman'; Tiffany & Randy Gameson'; Tim Boisjolie' Cc: 'f.dempsey @lakevillemn.gov.'; 'cralbeau @yahoo.com' Subject: RE: A 24 -hour McDonalds adjacent to our neighborhood? Note to All, The new McDonalds will be before the planning commission this Thursday, Sept. 6 at 6:OOpm. This is to discuss the conditions of the pre- approved McDonalds. Please note the 24 hr drive -thru was something the Council did not pass and McDonalds also said they would not build due to this.(This was a piece of meat that EFH threw out to the City /Neighborhood to get their office /Brunswick Bowl passed at that time and figuring that over time they would get the McDonalds back in the game and wear us out). That is how it is done! We do not need a third 24 hour McDonalds and we need to be heard AGAIN. They are going to show us a very nice horse and pony presentation about a way to hide the noise etc. Enough said; we know it is tough to fight City Hall , but we got to try. Greg Kot 11280 Kenora Way From: jmisencik [ mailto :jmisencik@frontiernet.netl Sent: Tuesday, September 04, 2012 8:46 PM To: Amy & Josh Rueggs; Buzz & JoAnn Magnuson; Chad & Karen Meyer; Chris & Kelly Drake; D Pearce; dan1amy(acharter.net; Ginny Lampert; Gordy & Terri Marshik; Jason & Rachel Theel; Jennifer & Tony Haber; Judy & Jim Misencik; Julia & Aaron Trygstad; kareetureson @charter.net; kdteich890charter.net; Kris Teich; Kristen Boisjolie; Kurt & Karee Tureson; Mark & Meri Nielsen; Mary Jane & Greg Kot; Megan & Brooks Lillehei; Mike & Sue Ferrazzo; Natalie & Chris Walker; Rachael Pearce; Rich & Julie Clark; Rick & Rosie Uphoff; Rob & Carol Metz; Sandy & Rick Jurchisin; Scott and Sheri Alman; Tiffany & Randy Gameson; Tim Boisjolie Cc: 'f.dempsey @lakevillemn.gov.' Subject: A 24 -hour McDonalds adjacent to our neighborhood? 1 Dempsey, Frank From: JULIE CLARK <clark805 @msn.com> Sent: Wednesday, September 05, 2012 11:29 AM To: Dempsey, Frank Subject: 24 hour McDonalds Mr. Dempsey, I would like to take this opportunity to express my strong objection to the proposed 24 hour opening of a McDonalds next to the Brunswick XL site off County Rd 46. The close proximity of this building to single family homes with no barriers is very problematic for our neighborhood. Most families in this neighborhood have school aged children. A 24 hour business with cars coming and going as well as drive through speaker noise is just not the quality of life we expect in our city of Lakeville. As noted in other e mails there are already 2 other 24 hour McDonalds in very close proximity to our area (also note they are not in residential areas). Please consider limiting the hours of operation to reasonable hours that are more in line with the area which it is located. I would also ask (as I have in other conversations I have had with you) that McDonalds provide resources for additional barriers to help mitigate the impact this development has had on our neighborhood. Thank you for taking the time to listen to the concerns of our neighborhood. Rich and Julie Clark Dempsey, Frank From: Karen King Meyer <karenkingmeyer @yahoo.com> Sent: Wednesday, September 05, 2012 6:56 AM To: Dempsey, Frank Subject: A 24 -hour McDonalds adjacent to our neighborhood? Please vote NO to the idea of 24 -hour McDonalds adjacent to our neighborhood For the following reasons, please do not allow the new Lakeville McDonalds to be open 24 hours • There is currently a 24 -hour McDonalds in Burnsville, just off CR 42 • There is also a 24 -hour McDonalds off of CR 70 (the McStop) • Neither of these McDonalds is near a residential neighborhood •With two 24 -hour McDonalds so close, there isn't a need for another one to be open around the clock Very concerned residents of Kenwood Oaks in Lakeville, Karen & Chad Meyer 1 Dempsey, Frank From: Randy Gameson <rIgameson @hotmail.com> Sent: Wednesday, September 05, 2012 6:22 PM To: Dempsey, Frank Subject: McDonalds Mr. Dempsey, This is a letter regarding the proposed McDonalds on CR46. I live in the neighborhood immediately to the west of the bowling alley. It is time that the Lakeville city government start listening to the residents of this neighborhood and represent the rights of the property owners. We were against the bowling alley and our voices were ignored when there were plenty of locations available that this establishment could have been placed where it would not infringe on the neighborhood (down by the Lakeville Theaters for example). We have all seen our home prices plummet in the past years and the McDonalds will only add to that problem. I can't imagine that it would be good for the reputation of Lakeville as a good place to live if it is known that the city planners do not consider the rights of property owners in their decisions. I know you wouldn't want this business in your own back yard. At the very least, you should deny 24 hour operation. Thank you, Randy Gameson 16285 Kenworth Court Lakeville, MN 1 Dear Kenwood Oaks Neighbors: As you may know, it sounds like a McDonalds is going to be built on the property near the Brunswick Zone XL and the office building that is adjacent to our neighborhood. That area is zoned for these types of properties so this is not the issue. However, the issue that will be in front of the City Council is that McDonalds has applied to be open 24 hours. Look at the picture in this email. This is what some of our neighbors on Kenora Way see when they open their front door, or stand in their driveway. This sight is bad enough, but hearing the noises from an all night McDonalds is something that we can ask our City Council members to deny. These businesses are adjacent to our single family homes. The 24 -hour request should not be allowed because of their proximity to our single family homes. A couple of other points about a 24 -hour McDonalds that would border our homes: • There is currently a 24 -hour McDonalds in Burnsville, just off CR 42 • There is also a 24 -hour McDonalds off of CR 70 (the McStop) • Neither of these McDonalds is near a residential neighborhood • With two 24 -hour McDonalds so close, there isn't a need for another one to be open around the clock The City Council needs to hear our views on this subject. We've copied Assistant City Planner, Frank Dempsey on this email at f.dempsev @lakevillemn.gov The fastest, most efficient way to make your views heard is to email your comments to Mr. Dempsey within the next few days. He will forward them on to the City Council. NOTE: Our email distribution list doesn't include everyone. Please forward this email to any neighbors that you know who are not on this list. Thank you in advance for making your opinions about this issue known to our city leaders. With our input through an email to the city, we have the ability to keep this neighborhood the way we want it to be: high quality of life and a safe environment for all of us. Jim & Judy Misencik 11285 163 St. W. Lakeville 2 Dempsey, Frank From: Chris Drake <ckdrake @frontiernet.net> Sent: Sunday, September 09, 2012 6:19 PM To: Dempsey, Frank Subject: Re: A 24 -hour McDonalds adjacent to our neighborhood? Hello Frank, This is just to add my voice to those that have already expressed their concerns about the McDonalds that is proposing to be built. While I feel it's certainly within McDonalds right to build where they are allowed to put a restaurant, I strongly feel for those neighbors that have had this whole project dumped in their back yard. These large commercial projects were never originally intended for that space, the quiet rezoning that was done allowed all this to take place. You are well aware of this. That being said, I think it's only fair to set some rules that cannot be changed arbitrarily without the neighbors blessing in the future. Here are the restrictions I would like to see for any restaurant in that space. Only allow McDnalds to be open from 6:OOam to 11:OOpm on weekdays, 6:OOam to 12:OOam on weekends. No 24 hour drive through. No over night deliveries or garbage pickup before 9:OOam I think these are fair restrictions for a buisness that is so close to a neighborhood. Thanks, Chris Drake Sent from my iPhone On Sep 5, 2012, at 9:35 AM, "Dempsey, Frank" <fdempsev lakevillemn.gov> wrote: Dear Mr. Kot, Thank you for including me in your email to the Kenwood Oaks neighborhood regarding the upcoming public hearing for the proposed McDonald's. I need to clarify for all that the public hearing is scheduled for Thursday, September 20 beginning at 6 PM at City Hall. Notice of public hearing will be mailed on Friday to all property owners within 500 feet of the proposed McDonald's property (Lot 2, Block 1, Kent 46). A copy of the public hearing is attached. I have also attached a copy of the Thursday, September 6 Planning Commission agenda for your information. You will notice there is a public hearing for the McDonald's at McStop located at 21044 Kenrick Avenue. Please feel free to contact me with any questions. Sincerely, 1 September 13, 2012 Mr. Frank Dempsey Associate Planner City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Dear Frank, RECEIVED SEP 13 2012 CITY OF LAKEVILLE This letter is in reference to the Notice of Public Hearing requesting that a Conditional Use Permit be issued to McDonalds USA, LLC allowing a convenience food restaurant with drive through service, to be located at 16205 Kenyon Ave. lam requesting the CUP be denied because of the close proximity of the proposed location to residential homes, and because of the negative impacts associated with a fast food drive thru restaurant on the surrounding residential neighborhoods. !understand that the McDonalds' plans call for two drive -thru lanes, and that they are requesting to be open 24 hours a day, 7 days out of the week. The site of the location has direct access to the on and off ramps of 1 -35 in both north and southbound directions. The City of Lakeville states on its website that, "The 1 -35 interstate corridor is the busiest, most heavily travelled highway corridor in Minnesota." Of course the benefits to McDonalds of attracting traffic from the busiest stretch of road in the entire State of Minnesota, 24/7, are many, and would be extremely profitable for McDonalds' bottom line. It's no wonder they would need two drive -thru lanes in order to accommodate all that interstate traffic! Their profits, however, are our loss, as the consequences to the surrounding neighborhoods of attracting traffic from the busiest stretch of road in Minnesota, 24/7, are far greater, and would have a huge impact on the safety and wellbeing of our residents, our children and our property. Our neighborhood has been through enough changes with the poor decisions the city has already made in this area. And what we do not need now, or ever, is the distinct sounds of drive thru speakers in two drive thru lanes at all hours of the day and night. We do not need the odors and the trash that accompany any fast food restaurant. We do not need more lights from signs, speakers, parking lots or the constant stream of headlights in the evening and late night hours shining in our windows. And we certainly do not need the traffic that McDonalds would draw from 1 -35, (autos, trucks, motorcycles, RVs etc.), or the addition of more semi — trucks and other vehicles delivering shipments or picking up trash, or plowing snow. We do not need the potential for more crime and loitering in the area. And we most certainly do not need any of this, non -stop, 24 /7! None of these things are compatible with the atmosphere of the neighboring homes and residential area, nor conducive to the quality of life our City so boasts. These are people's homes. Let us enjoy them, and let McDonalds take your order at one of their other nearby locations just off the interstate. What we do need, are responsible decision makers with the courage and integrity to set higher standards than have been set here in the past. The C -3 zoning of this property allows for a wide variety of uses, including many with hours and business types more agreeable to those of the surrounding homes and residents. Perhaps our City should look into pursuing something more accommodating to the residents who lived here long before this property was rezoned from residential to commercial. A McDonalds 24 hour restaurant with 2 drive -thru lanes is not a neighborhood friendly choice. Denying the CUP to McDonalds will not make or break their company. They will continue to draw 1 -35 traffic at their nearby County Road 42 location as well as their County Rd 70 and Medford Mall locations, and they will continue to add to their bottom line. This City has made poor choices with the use of this "gateway" land in the past, forever changing the character of the area and compromising the trust that was placed in our city officials to exercise due diligence to the people of our community. Granting a CUP for any fast food restaurant with drive -thru lanes at this location, especially one open 24/7, would certainly speak volumes against those residents who are simply trying to keep our neighborhoods safe, quiet, peaceful and well planned. Sincerely, Lampert 2 Kenora Lakeville