PUBLIC HEARING: Request for Site Plan and Conditional Use Permit Approval for McDonald's Located on Lot 4 Block 1 COR TWO; Case of McDonald's USA LLC

The City has received an application for Site Plan and Conditional Use Permit review for a a proposed 4,600 square foot restaurant located in the COR-2b Subdistrict. The proposed building is a single tenant space located at the southeast corner of Sunwood Drive and Armstrong Blvd NW, adjacent to the recently approved Super America site. The proposal includes a drive-thru and the applicant has requested to utilize and operate electronic speaker devices associated with the drive-thru twenty-four (24) hours per day. A conditional use permit is being processed along with the site plan to address the use of electronic speaker devices outside the hours of 7:00 a.m. and 10:00 p.m. as permitted by City Code.

A public hearing is not required for the site plan review. However, in accordance with State Statute and City Code, Staff attempted to notify all property owners within 350 feet of the Subject Property of the Public Hearing for the conditional use permit via Standard US Mail. A Notice of Public Hearing was also published in the Anoka County Union.

The site is approximately 1.36 acres in size and is located in the COR-2b Subdistrict.  Within this Subdistrict, up to two (2) drive-thru lanes are allowed in conjunction with permitted and conditional uses and the proposed restaurant is a permitted use.  The City is also currently considering an ordinance amendment related to the use of electronic speaker devices that allows for expanded hours of use with the issuance of a conditional use permit. It is Staff's belief that it was the intent of the original ordinance to allow twenty-four hour drive-thru operations as a conditional use. The preceding ordinance on this evening's agenda attempts to resolve any potential conflicting language in City Code.

When reviewing bulk standards such as setbacks, orientation, and sizes, three factors are used to determine the appropriate standard for site plan review in The COR:

1. Sub-District Boundary
2. Street Classification/Hierarchy
3. The Development Plan as approved by Ordinance (modified form-based code)

The idea behind this review is that the surrounding built-environment is an important aspect of the design of a site. Most standards can be described using the street classification (as defined by the Design Framework) within individual sub-districts. For those circumstances where unique built-environment factors (such as larger roadways, broader design constraints), the Development Plan as approved by Ordinance provides the City a tool to address unique sites where the traditional build-to scenario proposes larger challenges or does not fit the surrounding built-environment.

The building orientation, as presented, appears to be oriented in such a way that the traditional 'front' faces the southern property boundary. The rear of the building, as well as the two (2) drive-thru lanes, faces Sunwood Drive. There is, however, an additional entrance along the east wall of the building facing the private drive, which could also be partially described as a building front.  City Staff is assuming that the proposed layout is a result of McDonald's business plan and for efficiencies with their food preparation and service.  The proposed configuration is not the traditional build-to standard found in other areas of The COR as outlined in the Design Framework. In addition, the drive-thru lanes are located within the build-to area. 

The COR-2b Subdistrict is intended to allow for more traditional, auto-oriented retail development. Coupled with the diminished pedestrian 'feel', due to the realigned Sunwood Drive, which now has six (6) lanes of roadway, and the setbacks for the parcels north of Sunwood Drive (also zoned COR-2b), where the 'big box' retail will be located, it seems reasonable to defer to some of the standards within the General Business zoning district.  This alternative is permissible per City Code Section 117-118 (f), which states that provisions from Article II Division 3 (Zoning Districts) may be utilized when determined by the City to be better suited to address an aspect of a development proposal.  Nevertheless, Staff has requested an additional exhibit that contemplates alternative building orientations and drive-thru configurations that demonstrates why this is the only feasible layout.

At least forty percent (40%) of the building facade is required to be within the build-to line (thirty-five [35] feet due to it being bounded on the west by an Arterial Street).  However, the Design Framework provides some flexibility by allowing for landscaping, decorative fencing and other certain features to be used to create the street edge. The proposal does include additional shrubbery and decorative fencing in sections along the Sunwood Drive frontage to better frame the site edge. The submittal indicates that forty-two percent (42%) of the street frontage will be lined with decorative fencing and shrubbery.  The fencing will match the fencing approved for the site to the east (Super America).

The exterior finish of the building will consist of facebrick, brick accent bands, dryvit accents (EIFS), corrugated metal panels, clear, tempered glass, two (2) roof cap accent elements and an aluminum trellis.  The Applicant has submitted revised elevations and three-dimensional renderings that have incorporated windows into the north wall (facing Sunwood Drive) and removed the two (2) down spouts.  If no other building orientation is feasible, greater enhancements may still be warranted, especially since no part of the building falls within the build-to area.

The submittal indicates a total of fifty-one (51) parking stalls being provided, which includes three (3) handicap stalls.  The Design Framework bases the minimum and maximum parking stalls for restaurants on the number of seats, with a minimum of one (1) parking stall per every two (2) seats and a maximum of one (1) parking stall for every one (1) seat.  Staff has requested a seating plan in order to verify whether the off-street parking spaces provided falls within this range.

The grading/drainage, utilities and landscaping plans are generally acceptable with the requested revisions outlined in the Technical Reports.  It should be noted that the existing utilities referenced on the plans are not in place at this time.  Any connections will need to be coordinated with the City's Engineering Department.

All cost associated with processing the application are the responsibility of the Applicant.

The COR TWO plat was designed to act more as a campus-like setting, with the buildings facing the interior of the site, along the private drive.  Also, the intent of the COR-2b Subdistrict was to allow more traditional, auto-oriented uses, which seems more appropriate now with the realigned Sunwood Drive.  This site is now bounded by six (6) lanes of roadway to the north and six (6) lanes of roadway to the west, which does seem to diminish the pedestrian 'feel' somewhat.  Therefore, if the applicant can demonstrate that this is the only feasible configuration for both building and drive-thru orientation, than Staff would recommend approval of the conditional use permit and the site plan contingent upon compliance with the Staff Review Letter dated December 28, 2012 AND upon adoption of an ordinance amendment related to the expanded use of electronic speaker devices.

Motion to recommend that the City Council adopt findings of fact favorable to the applicant and to approve the request for a Conditional Use Permit for the use and operation of electronic speaker devices associated with the drive-thru twenty-four (24) hours per day, contingent upon compliance with the Staff Review Letter dated December 28, 2012 AND upon adoption of an ordinance amendment related to the expanded use of electronic speaker devices.

-and-

Motion to recommend that the City Council approve the proposed site plan, contingent upon compliance with the Staff Review Letter dated December 28, 2012.