Request for Site Plan Approval for an Expansion of an Outdoor Patio and Addition of a 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.  However, both MnDOT and the MN DNR were notified of the proposed project due to its proximity to Highway 10 (MnDOT) and because a portion of the property is within the Critical River Overlay District (MN DNR).

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. 

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 (wooden, good-neighbor fence). The south and east sides of the patio will be enclosed with a more decorative split rail (or 'hitch and post') 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 project proposes to remove eleven (11) 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 nine (9) 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 stated they have no comments on the proposed improvements 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 5,415 square feet is dedicated for Willy McCoys. Based on the retail use square footage (excluding the restaurant area) a total of eighty-nine (89) parking spaces are required. Restaurants and drinking establishments are required to provide one (1) space for each three (3) seats. The establishment will have a total of 134 seats (including the outdoor patio seats and seats around the covered bar), which requires forty-five (45) stalls, resulting in a net total of 134 required parking stalls for the site.  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 nine (9) parking spaces for a total of 134 parking spaces.

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 with a metal roof, 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. However, it is noted that the structural components of the structure will need to comply with Minnesota State Building Code and may require amendment to the plans as directed by the Building Official. Staff will work with the Applicant during Building Permit review as to this standard.

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.

The Planning Commission reviewed the Site Plan request at their May 2, 2013 meeting.

The Planning Commission recommends approval of the Site Plan contingent upon compliance with the City Staff Review Letter dated April 26, 2013, revised May 8, 2013 and the following suggested 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 or other purposes.
    

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

Motion to approve the Site Plan contingent upon compliance with the Staff Review File dated April 26, 2013, revised May 8, 2013 and upon execution of a Development Permit which includes 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 or other purposes.