Request for Site Plan Approval for an Expansion of an Outdoor Patio and Covered Bar at 6415 Highway 10 NW; case of Willy McCoys

Willy McCoys is proposing an expansion of its outdoor patio area as well as a new outdoor covered bar at their restaurant facility located at the south end of the Sunfish Commons retail center at the intersection of Highway 10 and Sunfish Lake Boulevard. The property originally received site plan approval and a variance to impervious surface restrictions in the Critical River Overlay District in 2001 for the construction of Sunfish Commons retail center.

Notification is not required for site plans.

The site is zoned H-1 Highway 10 Business District and is part of an officially mapped area for the future expansion of Highway 10. Restaurants and on and off sale liquor establishments in a multi-tenant building are a permitted use in this zoning district. Due to the official map designation, a public hearing, held by the Official Map Board of Appeals and Adjustments, will be required.

As illustrated on the site plan, the development proposal consists of expanding an outdoor patio area at the southernmost portion of the building and adding a covered, outdoor bar in the center of the patio area. The proposed patio will be mainly hard-surfaced with a 266 square foot grass area at the west edge to help off-set impervious surface limits. The entire patio area will be enclosed with fencing that ties in to the south wall of the building. The western portion will be enclosed with a six (6) foot tall privacy fence. The south and east sides of the patio will be enclosed with a more decorative split rail type fence and the north side will be lined with the building. The style will define and enclose the patio area but will maintain visibility into the patio from Highway 10 and the parking lot. The expansion will include approximately forty-four (44) seats. The project proposes to remove ten (10) parking stalls along the southern property line (between the building and Highway 10) to accommodate turning movements but will be adding two (2) parking stalls adjacent to the patio area for a net loss of eight (8) parking stalls.

A portion of the property is within the Critical River Overlay District and thus, there are limitations on the amount of impervious surface area. In 2001, a variance was approved allowing a maximum of sixty-nine percent (69%) impervious area on the portion of the property within this overlay district.  The project shall be completed with no net gain of impervious area to avoid needing another variance.  The DNR has reviewed the application and has no concerns provided the changes remain consistent with the variance granted in 2001.

The proposed outdoor patio tables will accommodate twenty-four (24) people plus an additional twenty (20) around the bar for a total of forty-four (44) additional seats. City Code requires one (1) parking space for every 200 square feet of floor space for retail uses under 20,000 square feet.  The existing retail building is 23,312 square feet and of that, approximately 4,600 square feet is dedicated for Willy McCoys. Based on the retail use square footage (excluding the restaurant area) a total of ninety-four (94) parking spaces are required. Restaurants and drinking establishments are required to provide one (1) space for each three (3) seats. The proposed improvements require fifteen (15) parking spaces.  Based on review of aerial photos of the site and the site plan provided, there appear to be 143 existing parking spaces. The proposed patio area results in a loss of eight (8) parking spaces for a total of 135 parking spaces.  Staff has requested that the applicant provide the total number of seats within the existing restaurant to determine whether sufficient off-street parking will be provided.

The proposed covered bar will be twelve (12) feet in height, falling below the thirty-five (35) foot high maximum. The proposed elevations indicate that the bar will be constructed primarily of wood but additional details are necessary to determine compliance with state building codes. This structure would be considered accessory and not fall under the requirements for building materials as no walls are associated with the structure.

There are several considerations with outdoor seating related to serving of alcoholic beverages and potential noise conflicts. In order to provide some protection against the serving of alcohol beyond the outdoor patio area staff recommends the following conditions be added to the Site Plan approval:

• No alcoholic beverages or food shall be served to persons outside of the designated outdoor seating area. Signage shall be posted that restricts the consumption of alcohol outside of the designated outdoor seating area as approved by staff.
• Patrons shall access the outdoor seating area through the main entrance or host station and shall be seated by a staff person.

Any proposed lighting and sound associated with the proposed patio shall comply with standards set forth in City Code. City Code Chapter 30 includes standards for sound levels and in order to ensure the use falls within these parameters, Staff recommends a condition that any speaker devices be turned off by 10:00 p.m. to avoid potential disruption to neighboring properties.

Finally, past tenants of the Subject Property have erected temporary structures to act as a “smoking lounge” in winter months. Staff suggests a condition that no additional temporary fixtures (i.e. plastic tarps) are used to further enclose the patio area during winter months.

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

Staff recommends approval of the Site Plan contingent upon compliance with the City Staff Review Letter dated April 26, 2013, and suggested conditions. The conditions include the following:
1) No alcoholic beverages or food shall be served to persons outside of the designated outdoor seating area. Signage shall be posted that restricts the consumption of alcohol outside of the designated outdoor seating area as approved by staff.
2) Patrons shall access the outdoor seating area through the main entrance or host station and shall be seated by a staff person.
3) Any speaker devices used in the patio area shall be turned off by 10:00 p.m.
4) No temporary structures, other than those approved under separate permit, shall be erected during the winter months for smoking purposes.

Motion to recommend City Council approve the Site Plan contingent upon compliance with the Staff Review File dated April 26, 2013 and with the following conditions:
1) No alcoholic beverages or food shall be served to persons outside of the designated outdoor seating area. Signage shall be posted that restricts the consumption of alcohol outside of the designated outdoor seating area as approved by staff.
2) Patrons shall access the outdoor seating area through the main entrance or host station and shall be seated by a staff person.
3) Any speaker devices used in the patio area shall be turned off by 10:00 p.m.
4) No temporary structures, other than those approved under separate permit, shall be erected during the winter months for smoking purposes.