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HomeMy WebLinkAboutItem 07N O July 30, 2010 Item No. AUGUST 2, 2010 CITY COUNCIL MEETING PIZZA RANCH RESTAURANT INTERIM USE PERMIT Proposed Action Staff recommends adoption of the following motion: Move to approve the Pizza Ranch and HOM Furniture interim use permit and adopt the findings of fact dated August 2, 2010. Adoption of this motion will allow Pizza Ranch restaurant to use temporary off -site parking located on the HOM Furniture property. Overview Representatives of Pizza Ranch restaurant and HOM Furniture have submitted an application for an interim use permit requesting that the Pizza Ranch restaurant be allowed to use temporary off -site parking with the adjacent HOM Furniture property. HOM Furniture owns the multi- tenant retail building proposed for the Pizza Ranch restaurant, which was platted as HOM Furniture 2n Addition. The property and building in which Pizza Ranch plans to occupy is located at 16995 Kenyon Avenue. HOM Furniture has excess parking spaces above that required by the Zoning Ordinance to accommodate parking for Pizza Ranch patrons. The Planning Commission held a public hearing and unanimously recommended approval of the interim use permit at their July 22, 2010 meeting subject to seven stipulations. There was no public comment. Pizza Ranch submitted a revised building elevation plan prior to the Planning Commission meeting addressing Stipulation 5 from the July 9, 2010 planning report regarding the building exterior materials. Primary Issues to Consider What is the trigger by which the interim use permit would be terminated? 0 The interim use permit for short term temporary off-site parking will expire when the Pizza Ranch tenant space is no longer occupied by a restaurant or use that requires shared parking spaces. Supporting Information • Interim Use Permit Form. • Findings of fact. • Revised building elevation plan. • July 22, 2010 Planning Commission draft meeting minutes. • July 9, 2010 planning report and July 15, 2010 engineering report. n A A J#U O_ 7 1 & Aw Z F V'Sop— Frank Dempsey, Associa a Plan er Financial Impact: $ None Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Zoning Ordinance Notes: (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA INTERIM USE PERMIT NO. 10 -01 1. Permit Subject to the terms and conditions set forth herein, the City of Lakeville approves an Interim Use Permit for Pizza Ranch and HOM Furniture to allow short term temporary off site parking in the C -3, General Commercial District at 16995 Kenyon Avenue. 2. Pro e . The permit is for the following described property located in the City of Lakeville, Dakota County, Minnesota: Lot 1, Block 1, HOM Furniture and Lot 1, Block 1, HOM Furniture 2nd Addition 3. Conditions The permit is issued subject to the following conditions: a) The interim use permit for short term temporary off -site parking will expire when the Pizza Ranch tenant space is no longer occupied by a restaurant or use that requires shared parking spaces. b) An off -site parking lease shall be submitted prior to City Council consideration of the interim use permit and shall specify the total number and location of parking spaces under contract. A minimum of 29 off -site parking spaces shall be provided on the HOM Furniture property. The lease instrument shall legally bind all parties to the lease and provide for amendment or cancellation only upon written approval from the city. c) All off site parking spaces shall be maintained in compliance with the Zoning Ordinance d) The improvements shall be developed according to the plans approved by the City Council. The trash enclosure shall be constructed to match the exterior materials of the principal building and meet the requirements of the Zoning Ordinance. e) Any landscaping damaged or removed during construction of the site improvements shall be replaced on the property. f) A sign permit shall be issued prior to the installation of any signs for the Pizza Ranch restaurant. 4. Termination of Permit The City may revoke the permit following a public hearing for violation of the terms of the permit. 5. Criminal Penalty Violation of the terms of this interim use permit is a criminal misdemeanor. Date: CITY OF LAKEVILLE M LWA Holly Dahl, Mayor Charlene Friedges, City Clerk The following instrument was acknowledged before me this 2 nd day of August, 2010, by Holly Dahl, Mayor and by Charlene Friedges, City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation. Notary Public DRAFTED BY: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 2 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA PIZZA RANCH AND HOM FURNITURE INTERIM USE PERMIT On July 22, 2010 the Lakeville Planning Commission met at it's regularly scheduled meeting to consider an Interim Use Permit to allow short term temporary off site parking at 16995 Kenyon Avenue (Pizza Ranch) and 17055 Kenyon Avenue (HOM Furniture). The Planning Commission conducted a public hearing on the proposed interim use permit preceded by published and mailed notice. The applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak. The City Council hereby adopts the following: FINDINGS OF FACT 1. The properties are zoned C -3, General Commercial District. 2. The properties are located in Comprehensive Planning District No. 1, which guides the property for Commercial uses. 3. The legal description of the properties is: Lot 1, Block 1, HOM Furniture and Lot 1, Block 1, HOM Furniture 2 nd Addition 4. Section 11 -5 -3 of the City of Lakeville Zoning Ordinance provides that an interim use permit shall comply with the same criteria as a conditional use permit. 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 proposed short term off-site parking is consistent with the policies and provisions of Planning District 1 of the Comprehensive Land Use Plan for commercial land uses b) The proposed use will be compatible with future land uses of the area. The proposed short term off -site parking will be compatible with existing land uses in the area given conformance with the stipulations listed in the Interim Use Permit. c) The proposed use conforms with all performance standards contained in the Zoning Ordinance. The proposed short term off -site parking meets all performance standards set forth in the Zoning Ordinance given conformance with the stipulations listed in the Interim Use Permit. d) The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. The proposed short term off -site parking will not impact existing public services. e) Traffic generation by the proposed use is within capabilities of streets serving the property. No new driveway access is proposed onto public streets Traffic on streets serving the property will not be affected by the proposed short term off -site parking. 5. The planning report dated July 9, 2010 prepared by the Frank Dempsey, Associate Planner is incorporated herein. DATED: August 2, 2010 CITY OF LAKEVILLE Holly Dahl, Mayor mv Charlene Friedges, City Clerk 2 m No. OR CITY OF LAKEVILLE Planning Commission Meeting Minutes July 22, 2010 July 22, 2010 Planning Commission meeting was called to order by Vice Chair ikei in the City Hall Council Chambers at 6:00 p.m. Flag ple Pracant- Absent: and roll call of members: Staff Present: Vice Chair Lillehei Commissioner Drotning mmissioner Glad Co issioner Blee Ex -offi 'o Bussler Chair Day Secretary A r Commissioner renz Commissioner Ma uire Daryl Morey, Pla Planner; and Penny Bre ITEM 3. APPROVAL OF MEETING MINUTES: Director; Frank Dempsey, Associate Recording Secretary. The July 8, 2010 Planning Commission meeti presented. ITEM 4. ANNOUNCEMENTS: minutes were approved as Mr. Morey stated the following items were distributed at tonight' 1. Revised colored building rendering for Agenda Item 5, Pizza Mr. Morey stated that due to there being no agenda items scheduled for the gust 5 Planning Commission meeting, that meeting will be cancelled. The xt Tel n( tttee is sel-reeittled for n_ C . t944. ITEM 5. PIZZA RANCH Vice Chair Lillehei opened the public hearing to consider an Interim Use Permit to allow temporary off site parking for Pizza Ranch restaurant, located at 16995 Kenyon Avenue. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Planning Commission Meeting D A F T July 22, 2010 Page 2 Dave Roedel with MFRA was representing Pizza Ranch at tonight's meeting. Zach Stensland from Welsh Company was also in attendance. Mr. Roedel presented an overview of their request. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey identified the location of the proposed trash enclosure and driveway opening that will be made between the HOM Furniture and Pizza Ranch / Hirshfields parking lots so there can be thru traffic movement. The driveway opening will result in the relocation of the existing Pizza Ranch / Hirshfields trash enclosure. He stated that Planning Department staff recommends approval of the Interim Use Permit subject to the 7 stipulations listed in the July 9, 2010 planning report. Vice Chair Lillehei opened the hearing to the public for comment. There were no comments from the audience. 10.33 Motion was made and seconded to close the public hearing at 6:08 p.m. Ayes: Glad, Lillehei, Blee, Drotning. Nays: 0 Vice Chair Lillehei asked for comments from the Planning Commission. Discussion points were: • Commissioner Drotning confirmed that signs could be installed by the property owner (HOM Furniture) for Hirshfield's customer parking if needed. • Handicapped parking was discussed. Mr. Dempsey indicated that the parking must meet Zoning Ordinance and handicap accessibility requirements. If it's necessary to make the handicapped parking spaces wider for van accessibility, Mr. Dempsey indicated that the parking lot could be re- striped to accommodate this. • Vice Chair Lillehei appreciated the color renderings of the site /building for Pizza Ranch. He indicated the rendering did not show two small trees in front of the building. Mr. Dempsey pointed out a stipulation of the interim use permit requires any trees that are removed or damaged during the construction process must be replaced. • Confirmed that the shared parking agreement between Pizza Ranch and HOM Furniture would cover Pizza Ranch customers using more than 29 spaces. Mr. Stensland indicated that HOM Furniture looks at the agreement as a whole and would not have a problem with Pizza Ranch using more than 29 spaces. • The freestanding sign that is currently in front of the building will hold up to 3 individual tenant signs, and with a sign permit Pizza Ranch is able to Planning Commission Meeting July 22, 2010 L)KAFT Page 3 include their name on one of the panels as long as they meet Sign Ordinance requirements. • Vice Chair Lillehei acknowledged a typo in the final sentence of Stipulation #2 listed in the July 9, 2010 pl annin g report. It will be corrected prior to City Council consideration of the interim use permit. 10.34 Motion was made and seconded to recommend to City Council approval of the Pizza Ranch and HOM Furniture Interim Use Permit for temporary off site parking subject to the following stipulations, and adoption of the Findings of Fact dated July 22, 2010: 1. The interim use permit for short term temporary off -site parking will expire when the Pizza Ranch tenant space is no longer occupied by a restaurant or use that requires shred parking spaces. 2. An off -site parking lease shall be submitted prior to City council consideration of the interim use permit and shall specify the total number and location of parking spaces under contract. A minimum of 29 off -site parking spaces shall be provided on the HOM Furniture property. The lease instrument shall legally bind all parties to the lease and provide for an amendment or cancellation only upon written approval from the City. 3. All off site parking spaces shall be maintained in compliance with the Zoning Ordinance. 4. The improvements shall be developed according to the plans approved by the City Council. The trash enclosure shall be constructed to match the exterior materials of the principal building and meet the requirements of the Zoning Ordinance. 5. Prior to City Council consideration of the interim use permit, the plans shall be revised such that the EFIS wall panels are integrally colored, the entry way support posts are maintenance free and not painted, and the canopies match the material and color of the existing Hirshfield's canopies. 6. Any landscaping damaged or removed during construction of the site improvements shall be replaced on the property. 7. A sign permit shall be issued prior to the installation of any signs for the Pizza Ranch restaurant. Ayes: Lillehei, Blee, Drotning, Glad. Nays: 0 There being no further business, the meeting was adjourned at 6:20 p.m. Respectfully submitted, r dW , D - �kevc Memorandum To Planning Commission From:9617rank Dempsey, Associate Planner Copy: Pizza Ranch HOM Furniture Date: July 9, 2010 City of Lakeville Planning Department Subject: Packet Material for the July 22, 2010 Planning Commission Meeting Agenda Item: Pizza Ranch Interim Use Permit Application Action Deadline: August 31, 2010 INTRODUCTION Representatives of Pizza Ranch restaurant and HOM Furniture have submitted an application for an interim use permit requesting that the Pizza Ranch restaurant be allowed to use temporary off -site parking with the adjacent HOM Furniture property. HOM Furniture owns the property proposed for the Pizza Ranch restaurant, which was platted as HOM Furniture 2 Addition. The property and building in which Pizza Ranch plans to occupy is located at 16995 Kenyon Avenue, is zoned C -3, General Commercial District, and is 1.7 acres in area. The existing building also includes Hirshfield's as a shared tenant. The plans submitted by Pizza Ranch and HOM Furniture with their interim use permit application show the two parking lots designed to allow blending of the parking as a shared use between the two properties. The Zoning Ordinance requires that Pizza Ranch provide 108 parking spaces of which 79 are located on their existing property and 29 are proposed to be shared with HOM Furniture. Section 11- 19 -19A of the Zoning Ordinance allows off -site parking by interim use permit. The following exhibits are attached for your information: EXHIBITS A. Location and Zoning Map B. Aerial Photo C. Shared Parking Site Plan D. Grading Plan E. Overall Site Plan F. Floor Plan G. Building Elevation and Signage Plan H. Color Building Elevation Plan I. Applicant Application Narrative Surrounding Land Uses and Zoning North — Gander Mountain (C -3 District) South — Home Furniture (C -3 District) East — Kenyon Avenue and Interstate 35 West — HOM Furniture (C -3 District) STAFF ANALYSIS The existing HOM Furniture and HOM Furniture 2 nd Addition properties currently share a driveway access off of Kenyon Avenue. The proposed driveway opening between HOM Furniture and HOM Furniture 2 nd Addition properties will allow for integrated movement and shared parking between the two properties. Pizza Ranch proposes to reconfigure their entrance at the southeast corner of the building. The focal point for the building entrance will be located near the proposed off -site parking spaces. Interim Use Permit Criteria. Section 11 -5 -5 A -F of the Zoning Ordinance requires that an interim use permit comply with the following: A. Meet the standards of a conditional use permit set forth in subsection 11 -4 -3E of the Zoning Ordinance. The Pizza Ranch plans for short term off site shared parking meet the requirements of the Zoning Ordinance as outlined in the attached findings of fact. 2 B. Conform to the applicable general performance standards of Section 11 -4 -7 of the Zoning Ordinance. The short term off site shared parking plans meet the requirements of Section 11 -4 -7 of the Zoning Ordinance as noted below. C. The use is allowed as an interim use in the respective zoning district. Short term off site shared parking is allowed as an interim use in the C -3 District. D. The date or event that will terminate the use can be identified with certainty. The short term off site shared parking interim use permit shall terminate when a restaurant no longer occupies the proposed Pizza Ranch tenant space. E. The user agrees to any conditions that the City Council deems appropriate for permission of the use. General Performance Standards of 11 -4 -7 of the Zoning Ordinance. A. The use and the site in question shall be served by a street of sufficient capacity to accommodate the type and volume of traffic which would be generated and adequate right of way shall be provided. Kenyon Avenue can serve the proposed Pizza Ranch restaurant and short term off site shared parking spaces as proposed by the interim use permit. B. The site design for access and parking shall minimize internal as well as external traffic conflicts and shall be in compliance with Chapter 19 of this Title. The site design as proposed with the interim use permit plans minimizes internal and external traffic conflicts between the properties. C. If applicable, a pedestrian circulation system shall be clearly defined and appropriate provisions made to protect such areas from encroachment by parked or moving vehicles. The pedestrian system will be enhanced with the addition of a concrete sidewalk along the south side of the building between the rear parking area and the main entrance to the Pizza Ranch restaurant. 3 D. Adequate off- street parking and off - street loading shall be provided in compliance with Chapters 19 and 20 of this Title. Adequate off street parking is provided as described later in this report. Off street loading will be located on the west side of the building consistent with the design of the existing building and property. E. 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 20 of this Title. There are no drive -up facilities proposed with the Pizza Ranch restaurant. The loading area is located on the west side of the building. Circulation throughout the site is possible if the loading area is temporarily occupied by service deliveries or trash pick -up. F. Whenever a nonresidential use "is adjacent to" a residential use or district, a buffer area with screening and landscaping shall be provided in compliance with Chapter 21 of this Title. There are no residential properties adjacent to the Pizza Ranch restaurant properly. G. General site screening and landscaping shall be provided in compliance with Chapter 21 of this Title. There is existing landscaping on the property that was installed when the building was constructed. Any trees damaged or removed during construction of the site improvements shall be replaced on the property. H. All exterior lighting shall be so directed so as not to cast glare toward or onto the public right of way or neighboring residential uses or districts, and shall be in compliance with Section 11 -16 -17 of this Title. There are no proposed changes to exterior lighting. All exterior lighting shall be in compliance with the Zoning Ordinance. I. Potential exterior noise generated by the use shall be identified and mitigation measures as may be necessary shall be imposed to ensure compliance with Section 11 -16 -25 of this Title. Exterior noise must meet the requirements of Section 11- 16 -25. 0 1. The site drainage system shall be subject to the review and approval of the City Engineer. The grading plan has been reviewed by the Engineering Department and a copy of the Engineering memorandum prepared by Mark DuChene is attached. K. The architectural appearance and functional design of the building and site shall not be so dissimilar to the existing or potential buildings and area so as to cause a blighting influence. All sides of the principal and accessory structures are to have essentially the same or coordinated, harmonious exterior finish materials and treatment. Modifications are proposed to the exterior of the Pizza Ranch restaurant tenant space, including new EFIS wall panels, new awnings and a covered entryway with support posts. The awnings are proposed to include red asphalt shingles and the entry canopy support posts are proposed to be bare wood or painted wood. The plans must be such that the EFIS wall panels are integrally colored, the entry way support posts are maintenance free and the canopies match the material and color of the existing Hirshfield s canopies in order to maintain a coordinated and harmonious exterior finish and treatment as required by the Zoning Ordinance. L. 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 this Title. The trash receptacle will be relocated slightly to the west to accommodate the new shared parking access between the HOM Furniture and HOM Furniture 2' Addition properties. M. All signs and informational or visual communication devices shall be in compliance with Chapter 23 of this Title. Two wall signs are proposed for the Pizza Ranch restaurant as shown on Exhibit G. The wall signs meet Zoning Ordinance requirements. A sign permit shall be approved by the City prior to the installation of any signs. N. The use and site shall be in compliance with any Federal, State or County law or regulation that is applicable and any related permits shall be obtained and documented to the City. Any required permits shall be obtained and documented to the City prior to the issuance of a Certificate of Occupancy. 5 0. Any applicable business licenses mandated by this Code are approved and obtained. Any applicable business licenses (i.e. liquor license) shall be obtained from the City of Lakeville as required by the City Code and Zoning Ordinance. P. The hours of operation may be restricted when there is judged to be an incompatibility with a residential use or district. There are no limitations proposed to the hours of operation for the Pizza Ranch restaurant. Q. The use complies with all applicable performance standards of the zoning district in which it is located and where applicable, any nonconformities shall be eliminated. The Pizza Ranch and HOM Furniture uses will comply with Zoning Ordinance requirements subject to the stipulations outlined in the Interim Use Permit. R. All additional conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying or expanding the conditions set forth herein. Parking. Section 11 -19 -19 of the Zoning Ordinance allows off -site short term temporary parking by interim use permit subject to certain criteria. Those criteria and the response to each are as follows: A. Any off site parking which is used to meet the requirements of this chapter may, as applicable, be allowed by a interim use permit for long term off site parking facilities as regulated under the provisions of chapter 4 of this title, or an interim use permit for short term temporary off site parking facilities as regulated under the provisions of chapter 5 of this title, and shall be subject to the conditions listed below. The interim use permit will expire when the Pizza Ranch tenant space is no longer occupied by a restaurant or use that requires in excess of the parking spaces available on their site. B. Off site parking shall be developed and maintained in compliance with all requirements and standards of this chapter. The 12,900 square foot Pizza Ranch Restaurant and Hirshfield's building requires a total of 138 parking spaces given the two uses of which all but 29 are available on that property. HOM Furniture has agreed to allow 29 parking spaces to be shared from the adjacent HOM Furniture lot. The 150,911 square foot HOM Furniture store requires 247 parking spaces for the furniture retail business Three hundred (300) parking spaces were constructed with the development of the HOM Furniture property. The proposed shared driveway improvements will reduce the available parking for HOM Furniture by five spaces and for Pizza Ranch /Hershfield s by four spaces. The 48 excess parking spaces are still more than the number required by the Zoning Ordinance for that retail use. The 6,400 gross square foot Pizza Ranch restaurant requires 108 parking spaces determined as follows: Kitchen Area: 1,596 sf/ 80 = 20 spaces Order Queuing Area: 393 sf/ 15 = 26 spaces Dining Area: 2,497 sf/ 40 = 62 spaces All parking spaces must be maintained in compliance with Zoning Ordinance requirements. C. Reasonable access from off site parking facilities to the use being served shall be provided. The Pizza Ranch restaurant site provides two shared driveway access connections as well as pedestrian access to the off -site parking area. D. Except as provided by subsection H of this section, the site used for meeting the off street parking requirements of this chapter shall be under the same ownership as the principal use being served or under public ownership. HOM Furniture owns both properties involved in the off -site parking arrangement. Further, the number and location of off -site spaces shall be specified in the lease between Pizza Ranch and HOM Furniture. A copy of the lease must be submitted prior to City Council consideration of the interim use permit. E. Off site parking for multiple - family dwellings shall not be located more than two hundred fifty feet (250') from any normally used entrance of the principal use served. Not applicable. 7 F. Off site parking for nonresidential uses shall not be located more than five hundred feet (500') from the main public entrance of the principal use being served. Off site parking located more than five hundred feet (500') from the main entrance may be allowed with the provision of a private shuttle service. The parking spaces HOM Furniture proposes to lease to Pizza Ranch will not be located more than 130 feet from the Pizza Ranch building entrance as shown on the shared parking site plan (Exhibit Q. G. Any use which depends upon off site parking to meet the requirements of this title shall maintain ownership and parking utilization of the off site location until such time as on site parking is provided or a site in closer proximity to the principal use is acquired and developed for parking. HOM Furniture owns both properties involved in the off -site parking arrangement. The interim use permit will allow the temporary use of the offsite parking as long as a restaurant is located in the proposed Pizza Ranch space and short term off - site parking is required. H. Compliance with off street parking requirements provided through leased off street parking may be approved by the city council. Discussed in paragraph D above. RECOMMENDATION Planning Department staff recommends approval of the interim use permit for Pizza Ranch and HOM Furniture for short term temporary off site parking subject to the following stipulations: 1. The interim use permit for short term temporary off -site parking will expire when the Pizza Ranch tenant space is no longer occupied by a restaurant or use that requires shared parking spaces. 2. An off -site parking lease shall be submitted prior to City Council consideration of the interim use permit and shall specify the total number and location of parking spaces under contract. A minimum of 29 off -site parking spaces shall be provided on the HOM Furniture property. The lease instrument shall legally bind all parties to the lease and provide for amendment or cancellation only upon written approval from the city. 3. All off site parking spaces shall be maintained in compliance with the Zoning Ordinance. 0 4. The improvements shall be developed according to the plans approved by the City Council. The trash enclosure shall be constructed to match the exterior materials of the principal building and meet the requirements of the Zoning Ordinance. 5. Prior to City Council consideration of the interim use permit, the plans shall be revised such that the EFIS wall panels are integrally colored, the entry way support posts are maintenance free and not painted, and the canopies match the material and color of the existing Hirshfield's canopies. 6. Any landscaping damaged or removed during construction of the site improvements shall be replaced on the property. 7. A sign permit shall be issued prior to the installation of any signs for the Pizza Ranch restaurant. Findings of fact are attached for your reference. 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MINNESOTA n, aX normr,.�mnoeune �neeN Onna nroni is t ll avenue suite a des moines is So ;oq 717 mgeno 7 N ` � � _. -- oar alActly grins oy sl t o oloa�o�a�N Fssx�ales NrcM1Xecis L L C Cnn Sti 44- 56z6 -- imonsonasaoceom Wf ra engineering surveying planning energy 14800 28"' Ave. N., Ste 140 Plymouth, Minnesota 55447 (763) 476.6010 main (763) 476.8532 fax www.mfra.com Memorandum DATE: July 2, 2010 TO: City of Lakeville FROM: HOM Furniture SUBJECT: Pizza Ranch Shared Parking IUP Hom Furniture is requesting approval of an interim use permit (IUP) to authorize a shared parking arrangement between our site at 10975 Kenyon Avenue and the adjacent HOM furniture parking lot. The request is being driven by a proposed Pizza Ranch restaurant on the subject site. Our calculations (attached as Parking Layout Plan) indicate that the proposed Pizza Ranch restaurant will require 108 parking spaces by code, and the existing Hirshfield's store is responsible to provide an additional 30 spaces (138 spaces total between the two uses). Site constraints dictate that only 109 parking spaces can be provided on -site, so the additional 29 required stalls must be provided off -site. As the approved site plan for the HOM Furniture store indicates that an additional 53 stalls were created as part of that development, their adjacent lot provides the perfect opportunity for a shared parking arrangement with our site. The attached site plan identifies the 29 stalls proposed to be subject to this IUP. Approving this IUP represents a win -win for all parties including the City. Comprehensive plan goals of stormwater management and responsible development are upheld by not overbuilding unnecessary parking stalls, parking is and will continue to be compatible with surrounding land uses, and any future changes in use would result in expiration of the IUP so no long -term issues can arise. The following is a brief analysis of our request against the City's general performance standards: A. The use and the site in question shall be served by a street of sufficient capacity to accommodate the type and volume of traffic which would be generated and adequate right -of -way shall be provided. The need for shared parking will not generate additional traffic. A The site design for access and parking shall minimize internal as well as external traffic conflicts. The reconfiguration of existing parking stalls and entry points into the subject site was completed in a manner which should minimize internal traffic conflicts. EXHIBIT I MFRA, Inc. 5114110 Page 2 C. If applicable, a pedestrian circulation system shall be clearly defined and appropriate provisions made to protect such areas from encroachment by parked or moving vehicles. Existing curbing will prevent vehicles from entering the pedestrian spaces around the subject building. There is direct access to the subject site from the proposed shared parking area and no additional pedestrian facilities are proposed. D. Adequate off - street parking and off - street loading shall be provided The shared parking will provide adequate parking for both existing uses on the site, and will not encroach into the minimum required number of spaces for HOM furniture. E. 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 There are no proposed changes to loading areas, and the proposed restaurant will not have drive - through facilities. F. Whenever a non - residential use "is adjacent to" a residential use or district, a buffer area with screening and landscaping shall be provided The site is not adjacent to residential uses. G. General site screening and landscaping shall be provided. Previous development of the site has already established the required landscaping and screening for this site and the proposed shared parking area. H. All exterior lighting shall be so directed so as not to cast glare toward or onto the public right -of -way or neighboring residential uses or districts. There will be no changes to lighting for the proposed shared parking area. L Potential exterior noise generated by the use shall be identified and mitigation measures as maybe necessary shall be imposed to insure compliance with the Zoning Ordinance. The proposed shared parking area will not introduce any additional noise to the site. J. The site drainage system shall be subject to the review and approval of the City Engineer. The site drainage for the proposed shared parking area was previously reviewed and approved as part of the HOM Furniture site plan. K The architectural appearance and functional design of the building and site shall not be so dissimilar to the existing or potential buildings and area so as to cause a blighting influence. All sides of the principal and accessory structures are to have essentially the same or coordinated, harmonious exterior finish materials and treatment The shared parking area does not require a structures. MFRA Inc. 5114110 Page 3 L. 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. The proposed shared parking will not require additional litter control or trash handling facilities. However, the reconfiguration of the existing parking lot does include a shifting of the existing waste receptacle to a new location as shown on the site plan. The appearance and materials of the waste receptacle area will remain the same in its new location. M. All signs and informational or visual communication devices shall be in compliance with the Sign Ordinance. The shared parking will not require any additional on -site signage. N. The use and site shall be in compliance with any federal, state or county law or regulation that are applicable and any related permits shall be obtained and documented to the City. We are not aware of any law or regulation that would prohibit or impact this request for a shared parking arrangement. O. Any applicable business licenses mandated by City Code are approved and obtained. Not applicable. P. The hours of operation maybe restricted when there is judged to bean incompatibility with a residential use or district. Not applicable. Q. The use complies with all applicable performance standards of the zoning district in which it is located and where applicable, any non - conformities shall be eliminated As shown by our site plan and this narrative, the proposed shared parking arrangement conforms to the City's performance standards for this specific use. No nonconformities exist, nor will any be created. R Additional Stipulations. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying or expanding the conditions set forth herein. We understand the City's responsibility to maintain the general welfare of the community, and will adhere to any necessary conditions of approval for this shared parking agreement. Memorandum To: Frank Dempsey, Associate Planner From: Mark DuChene, Development Design Engineer 6 2 Date: July 15, 2010 Subject: Pizza Ranch Interim Use Permit Site Plan Review City of Lakeville Engineering BACKGROUND Pizza Ranch and HOM Furniture have submitted an application for an Interim Use Permit for Lot 1, Block 1 HOM Furniture Second Addition to renovate the southern two bays of the existing retail building into a restaurant. The plans depict the construction of an additional access drive between the existing building and the HOM Furniture store parking lots. The proposed administrative subdivision will be completed by: Lessor: Pizza Ranch Owner: HOM Furniture Engineer /Surveyor: MFRA SITE REVIEW The existing building on Lot 1, Block 1 HOM Furniture Second Addition contains one multi- tenant retail building. The building was originally occupied by three individual tenants but currently only Hirshfields operates out of the northernmost bay with the southern two bays vacant. Pizza Ranch is proposing to renovate and operate a 234 seat restaurant in the two vacant bays. PUBLIC STREETS AND ACCESS The parcel is currently provided access via shared driveways at the north and south property lines of the subject parcel on Kenyon Avenue. The site also has common access points with the HOM Furniture and Gander Mountain stores through adjacent parking lots. PIZZA RANCH - INTERIM USE PERMIT )uLY 15, 2010 PAGE 2 OF 2 Pizza Ranch is proposing to add an additional access point to the adjacent parking lot of HOM Furniture near the southwest corner of the building where the current trash enclosure is located. The trash enclosure is proposed to be relocated. UTILITIES SANITARY SEWER AND WATERMAIN The subject parcel is located within subdistrict OL -54000 of the Orchard Lake sanitary sewer district as identified in the City's Comprehensive Sanitary Sewer Plan. The existing building is currently served by a 4" sewer service connected to a collector line in Kenyon Avenue. Wastewater is conveyed via existing trunk sanitary sewer to the MCES Farmington Interceptor and continues to the Empire Wastewater Treatment Facility. The existing parcels are connected to public sanitary sewer and water. There are no proposed sanitary sewer or watermain improvements associated with the IUP. Calculations for the increased sanitary sewer flows for the restaurant use were provided by the applicant and checked by Engineering Department staff to confirm the existing system has adequate capacity. DRAINAGE AND GRADING The subject parcel is located within subdistrict CL -11 of the Crystal Lake drainage district as identified in the City's Water Resources Management Plan. There are no proposed site or grading improvements associated with the IUP. STORM SEWER There are no proposed public storm sewer improvements associated with IUP. WETLANDS There are no wetlands within the subject parcel. RECOMMENDATION Engineering recommends approval of the IUP subject to the requirements within this report.