Get documents about "Case file 8465 ABCDE-08 Sonic Holdings LLC
Document Sample
Case number:
8465ABCDE-08
Address:
2101 American Boulevard West
1. Rezone from B-3, General Business to B-3 (PD) General
Business Planned Development (Case 8465A-08);
2. Preliminary and Final Development Plan for a
Application
freestanding restaurant (Case 8465BC-08);
type:
3. Conditional Use Permit for a freestanding restaurant as
part of a Planned Development (Case 8465D-08); and
4. Preliminary and Final Plat to subdivide one lot into one lot,
one block and two Outlots (Case 8465E-08)
Applicant:
Sonic Holdings, LLC
This file will contain the following items as they become available:
1. Agenda information
2. Staff report
3. Map
Additional information
To receive copies of submitted development applications, supplemental documents,
and (in some cases) building and site plans please contact the Planning Division at 952-
563-8920 or planning@ci.bloomington.mn.us.
Your comments are important!
If you wish to communicate to the Planning Commission about this agenda item, please
include:
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in time, will be presented to the Planning Commission.
If you wish to send comments via e-mail, write to planning@ci.bloomington.mn.us.
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Request for Council Action
Originator Item #
Community Development Rezoning, Preliminary and Final Development Plan,
Conditional Use Permit, Plat
Agenda Section By Approved Date
HEARINGS/PUBLIC INPUT CDC
Development Business
Description
Item 1 Case 8465ABCDE-08
GENERAL INFORMATION
Applicant: Sonic Holdings LLC
Location: 2101 American Boulevard West
Request:
1) Rezone from B-3, General Business to B-3 (PD) General
Business Planned Development (Case 8465A-08);
2) Preliminary and Final Development Plan for a freestanding
restaurant (Case 8465BC-08);
3) Conditional Use Permit for a freestanding restaurant as part
of a Planned Development (Case 8465D-08); and
4) Preliminary and Final Plat to subdivide one lot into one lot,
one block and two Outlots (Case 8465E-08)
Existing Land Use Shopping Center; zoned CB (PD), Central Business (Planned
and Zoning: Development);
Surrounding Land Use East – Retail, car dealerships, restaurants; Zoned B-3 and B-2
and Zoning: and B-2 (PD)
North – Retail; Zoned CR-1(PD)
South – Public and Multiple-Family Residential; Zoned R-1 and
R-1 (PD)
West – Car dealership and vacant car dealership; Zoned C-5 (PD)
Comprehensive Plan: The Comprehensive Land Use Plan recommends Community
Commercial Land Use for the property.
___________________
Motion by __________________ Second by__________________ to
Council Action _______________________________________________________________________
_______________________________________________________________________
QUALITY SERVICES - AFFORDABLE PRICE
11_001 (12/04)
CITY OF BLOOMINGTON, MINNESOTA REQUEST FOR COUNCIL ACTION
CASE 8465ABCDE-08 PAGE 2
PROPOSAL
The applicant proposes removing an existing restaurant and constructing a new freestanding restaurant and
parking lot on a 0.66-acre site fronting on American Boulevard West. The new Penn American development is
west of this site. This applicant proposes to subdivide and re-plat the original 1.13 acre parcel where the
Kentucky Fried Chicken is located into three parcels. The first parcel, 0.66 acres, will be the site of the
proposed Sonic restaurant; the other two parcels will be platted as Outlots A and B. Outlot A (0.38 acres)
creates the future right-of-way for the new ‘A’ Street and the realigned and widened Newton Avenue. ‘A’
Street is a proposed new public street and will run west to east from Penn Avenue to Morgan Circle and is the
principal access through the Penn American development. Outlot B (0.09 acres) will be created for the
remaining land south of ‘A’ Street and separately conveyed to facilitate future development.
The proposed 1,728 square-foot building would have a drive-through on the north side, a patio with five tables
on the south side and drive-up service for 33 cars around the perimeter of the site. There will be no inside
seating, the inside of the building is limited to food preparation. Customers are served at their cars after
ordering at menu boards at each parking stall, or they may sit on the patio. This site would operate 24 hours a
day.
Proposed building setbacks are 65.69 feet from the north property line along American Boulevard, 49.26 feet
from the south lot line, and 53 feet from the new west property line along Newton Avenue and about 65 feet
from the east lot line. The current property line along American Boulevard would have an easement to
accommodate the planned widened right-of-way at this location. Site access would continue to be primarily
from American Boulevard and secondarily from Newton Avenue via a new driveway at the southwest edge of
this property. The current shared driveway at the north end of this property with Wendy’s would be closed.
The site plan also shows two proposed future driveway connections; a common drive with Wendy’s at the
southeast corner of the lot and a proposed drive into the site from the future ‘A’ Street.
The building will have no public access other than access to a unisex bathroom along the east side of the
building. The building has interior-accessed trash and recyclable collection/storage room and freezer/cooler
space on the west side, and the drive-up window on the west side. Exterior finish and materials are to be brick,
a fiber cement material with a texture similar to stucco (www.nichiha.com ), and an arched fabric canopy over
the outdoor seating area. Submitted documents list four to six employees at maximum shift load, these staff
will serve the majority of the customers at 33 customer parking/serving stations around the site. The outdoor
patio will seat an additional 20 patrons. There are lighted canopies over the car-park areas on the site. The
applicant is proposing wall signage on all elevations.
The parking lot currently has two access points, at the northwest part of the site from Newton Avenue and a
common drive with Wendy’s; these will be closed for the redevelopment of this site. The site is constrained by
the need for access from a widened Newton Avenue; site circulation will be one way, counterclockwise, the
drive through menus are located at the north side of the building, there is stacking for six cars beginning at this
point and extending to the window on the west elevation. There is a three foot wall along the outside of the
curb between the drive lane and American Boulevard to provide screening of the stacking lane. The parking lot
and drive lane will maintain a setback of 20 feet from American Boulevard; the setbacks along the east and west
property lines are proposed at 5 and 2.6 feet. The southern property line shows a zero setback from ‘A’ Street;
this area abuts a proposed 8 foot sidewalk within the ‘A’ Street right-of-way.
CITY OF BLOOMINGTON, MINNESOTA REQUEST FOR COUNCIL ACTION
CASE 8465ABCDE-08 PAGE 3
Lighting and Landscape plans have been submitted by the applicant, these will be discussed in the staff report.
There is a 20 foot monument sign at the northwest corner of the site which will include an electronic graphic
display board.
APPLICABLE REGULATIONS 1) Sections 19.32(a) and 19.32(d)(3) and Section
19.113(a)(3); Rezoning (Case 8465A-08),
2) Section 19.38.01; Preliminary and Final Development Plan,
(Case 8465BC-08)
REQUIRED FINDINGS 1) Rezoning, Case 8465A-08; None
2) Preliminary and Final Development Plan, Case 8465BC-
08: Section 19.38.01(e)(5)(A),(B),(C),(D),(E),(F),(G) and
(H)
HISTORY
City Council Action: 03/20/89 – Approved revised final site plans and building plans for
Kentucky Fried Chicken restaurant with conditions (Case 8465A-
89).
CHRONOLOGY
Planning Commission Agenda: 04/10/08 – Public hearing scheduled.
DEADLINE FOR AGENCY ACTION
Application Date: 03/05/08
60 Days: 05/03/08
Extension Letter Mailed: No
120 Days: 07/02/08
F:\Planning\PC\Agenda\Agenda 2008\A8465ABCDE-08.doc
CITY OF BLOOMINGTON
Division of City Planning
REPORT TO THE PLANNING COMMISSION
April 24, 2008
Item 3
GENERAL INFORMATION
Applicant: Sonic Holdings, LLC
(Case S8465ABCDE-08)
Location: 2101 American Boulevard West
Request:
1) Rezone from B-3, General Business to B-3 (PD) General Business Planned
Development (Case 8465A-08);
2) Preliminary and Final Development Plan for a freestanding restaurant (CASE
8465BC-08);
3) Conditional Use Permit for a freestanding restaurant as part of a Planned
Development (Case 8465D-08); and
4) Preliminary and Final Plat to subdivide one lot into one lot, one block and two
Outlots (Case 8465E-08)
PROPOSAL
Note: The text of the staff report remains essentially the same as the original report presented to the
Planning Commission on April 10, 2008. The recommendations section has been modified to include
a set of revised conditions.
The applicant proposes removing an existing restaurant and constructing a new freestanding restaurant
and parking lot on a 0.65-acre site fronting on American Boulevard West. The new Penn American
development is west of this site. The site has frontage on American Boulevard and extends south
approximately 298 feet. The existing parcel will be subdivided as part of this proposal. The west edge
of this site will front along Newton Avenue, which is currently a drive into the Mitsubishi Motors site
and will be improved to a public street when the Penn American development to the west occurs.
This redevelopment proposal involves rezoning the property from General Business B-3 to General
Business B-3 with a Planned Development (PD) Overlay zoning, a Preliminary and Final Development
Plan, a conditional use permit for the new restaurant, and a three lot, one block preliminary and final
plat.
All setbacks are measured from planned widened right-of-way along American Boulevard. Currently
the property has several separate roadway easements which will be combined as part of the plat.
Additionally the property will be dedicating right-of-way along American Boulevard for a future
auxiliary lane, as shown on the preliminary plat. The new restaurant would be located in the center of
Lot 1, parking will be provided along the perimeter of the site and along the east side of the building.
Food is served in cars, there is no indoor dining proposed for this site although there will be
approximately 20 seasonal outdoor seats at tables south of the building on a patio.
Case 8465ABCDE Page 1.2
Rezoning, Prelim & Final Development Plan, CUP & Plat
The new building has setbacks of slightly over 54 feet from American Boulevard (north); 52 feet from
the new property line along Newton Avenue (west) and 49.3 feet from the southern property line. The
building is located 65 feet from the eastern property line. There is an attached trash and recyclable
collection and storage room located at the north corner of the building, the stacking lane starts at the
northeast corner of the building and wraps along the north and west faces of the building, providing at
least six stacking spaces. The order boards are located at the north side of the building. The patio on
the south elevation provides space for five tables and chairs and connects with pedestrian ramps and
crosswalks to new sidewalks which will provide access to sidewalks along the new ‘A” Street which
will extend from Morgan Circle to Penn Avenue when the Penn American redevelopment is complete.
There should be adequate space on the patio for bicycle parking and seating.
This applicant proposes to subdivide and re-plat the original 1.13 acre parcel where the Kentucky Fried
Chicken is located into one lot and two outlots. The first parcel, 0.66 acres, will be the site of the
proposed Sonic restaurant; the other two parcels will be platted as Outlots A and B. Outlot A (0.38
acres) creates the future right-of-way for the new ‘A’ Street and the realigned and widened Newton
Avenue. ‘A’ Street is a proposed new public street and will run west to east from Penn Avenue to
Morgan Circle and is the principal access through the Penn American development. Outlot B (0.09
acres) will be created for the remaining land south of ‘A’ Street and separately conveyed to facilitate
future development.
Site access would continue to be primarily from American Boulevard and secondarily from Newton
Avenue via a new driveway at the southwest edge of this property. The current shared driveway at the
north end of this property with Wendy’s would be closed. The site plan also shows two proposed
future driveway connections; a common drive with Wendy’s at the southeast corner of the lot and a
proposed drive into the site from the future ‘A’ Street.
The proposed 2,050 square-foot building has a drive-through on the north side, a patio with five tables
on the south side and drive-up service for 33 cars at all parking spaces on site. There will be no inside
seating, the inside of the building is limited to food preparation. Customers are served at their cars
after ordering at menu boards at each parking stall, or they may sit on the patio. This site would
operate 24 hours a day.
CODE COMPLIANCE
Section 19.41(c) establishes the following minimum development intensity and site characteristics for
a B-3 Zoning District:
• There is no minimum site area in the B-3 zoning district;
• Minimum site width of 100 feet;
• There is no minimum floor area for freestanding restaurants in the B-3 zoning district;
Section 19.41(c) establishes a minimum setback of 10 feet from a side lot line. Section
21.301.06(c)(2)(I) requires a minimum 20-foot setback from a planned widened right-of-way and five
feet from a property line not abutting a street and Section 19.52(c)(4) requires a minimum 20-foot deep
landscape yard adjacent to a public street. Section 21.301.06(d) there are 30 parking/serving spaces at
this site, (there are an additional 20 seasonal patio seats) for a total minimum parking requirement of
Report to the Planning Commission April 24, 2008
Division of City Planning
Case 8465ABCDE Page 1.3
Rezoning, Prelim & Final Development Plan, CUP & Plat
30 spaces spaces. Section 21.301.06(b)(1)(C) requires parking spaces for a Commercial District to be
located on the same site. Section 19.52(d)(3)(A) requires three-foot high screening in the yard area
between parking and a public street when the separation is 40 feet or less.
Through the Planned Development Overlay District as set forth in Section 19.38.01, the applicant
proposes the following:
• To allow a 2,050 square-foot freestanding restaurant; where there are no indoor seats and food
is provided at drive-in spaces or at the patio;
• That the required front yard adjoining a street setback of 65 feet be reduced to 54.3 feet from
the north side of proposed Lot 1 to the building;
• That the required side yard adjoining a street setback of 65 feet be reduced to 53 feet from the
west side of proposed Lot 1 to the building;
• That a minimum 13.3-foot deep landscaped yard be allowed along American Boulevard on Lot
1;
• That a minimum five-foot deep landscaped yard be reduced to zero feet along the south
property line, this portion of Outlot A will be sold and incorporated into the future right-of-way
for the construction of ‘A’ Street. This street will provide a 6 foot 6 inch sidewalk area south
of the curb and will be landscaped consistent with the overall plan requirements for the major
parcels on this site.
• The monument sign proposed at the northwest corner of the site would comply with the 20 foot
setback at the north and the 5 foot side setback on the west at this time. At the time of the
dedication and construction of Newton Avenue, the Code would require a 20 foot setback from
the new property line. Should this street be constructed, flexibility given under the Planned
Development overlay would allow this sign to remain in its current location.
• The canopies over the car parking along the east and west sides of the site will require Planned
Development flexibility since these are considered structures and will be within the required
building setback areas.
ANALYSIS
Background
This development will continue the existing land use pattern of a freestanding restaurant with one
significant functional difference. This drive-through restaurant serves customers in their cars at the
parking spaces on site. There is a drive-through with a stacking lane and some outdoor patio dining
but no indoor restaurant space. This restaurant will rebuild on this site currently occupied by Kentucky
Fried Chicken and they propose to operate 24 hours a day.
The area surrounding the Walser Dodge and Mitsubishi sites at the intersection of Penn Avenue S. and
W. American Boulevard has a mix of regional shopping uses in integrated centers, freestanding office
developments and older, non-integrated retail uses. As private redevelopment has occurred in this
area, new buildings or significant improvements to existing buildings have been based on the
integration of uses within the Planned Development framework. Roadway improvements in this area
have been focused on developing good circulation patterns within new developments and improving
access into and out of sites, especially onto arterial streets; and promoting transit related uses as
alternatives to single user auto transportation modes.
Report to the Planning Commission April 24, 2008
Division of City Planning
Case 8465ABCDE Page 1.4
Rezoning, Prelim & Final Development Plan, CUP & Plat
Rezoning
The proposed rezoning to a primary B-3 Zoning District is appropriate for the proposed restaurant at
the present time and will facilitate the redevelopment of the Penn American properties (Case
10768AB-08) consistent with the emerging development pattern. This site is guided Community
Commercial on the Comprehensive Land Use Plan, the properties to the east are similarly guided, and
properties to the north and west are guided Regional Commercial.
The existing property is zoned General Business, B-3, as are adjacent properties to the east and south.
The Penn American rezoning in Case 10768AB-07 rezoned the property to Freeway Mixed-Use C-5
(PD) Planned Development. Further south is the City Reservoir and beyond that are single family
homes, these uses are zoned R-1. The purpose of the B-3 district is to provide centralized areas for
businesses that do not belong in shopping centers, and for highway- or automobile-oriented businesses;
this drive-in restaurant a typical use in the B-3 Zoning District and requires a conditional use permit.
The retention of this B-3 zoning with a Planned Development overlay will allow the site to redevelop
and facilitate the development of the area south of American Boulevard.
The Community Commercial designation in the Comprehensive Plan calls for developments which can
meet the access requirements of automobile oriented development, land must in close proximity to
freeways and adjacent to arterial or collector streets. This category includes regionally-oriented retail
and service uses, preferably the uses should be fully integrated with a commercial land use. As this
area redevelops, this site will become more internally integrated through a series of proposed driveway
connections.
Staff understands that this area will likely redevelop with higher intensity mixed-uses in the future.
Due to its small size this site would most likely need to be incorporated with other nearby parcels if a
redevelopment is to occur. Rezoning from B-3 to B-3 (PD) Planned Development is an appropriate
action based on the probability that this site could not redevelop without a rezoning in the future. The
recently created C-4 or C-5 Zoning Districts are consistent with the emerging pattern of development
in this area; these districts allow a drive-through restaurant as an accessory use, but would not allow
this restaurant as proposed.
The applicant is also requesting a Planned Development (PD) zoning overlay to allow flexibility with
regard to required development standards, including building setbacks, building height and building
coverage, and possibly impervious surface coverage. The PD overlay district is intended to provide for
creative and efficient use of land by providing flexibility in the application of the development
standards of the primary zoning district.
Preliminary and Final Development Plan
The Planned Development process is an appropriate method to address those elements of the
development proposal that are not consistent with the underlying Zoning District performance
standards and to a lesser extent the Platting procedure by identification of these elements in the
Preliminary and Final Development Plan portions of the process. The PD allows design flexibility for
sites developing within the intent of the Zoning Code; it also creates the framework to identify code
deviations and development limitations for the three lots which will ensure that the intent of the
rezoning and redevelopment of this site is complied with.
There are minimal development standards in the underlying B-3 Zoning District which will guide this
development. The performance standards of Section 21.301.05 (drive through facilities) regulate site
Report to the Planning Commission April 24, 2008
Division of City Planning
Case 8465ABCDE Page 1.5
Rezoning, Prelim & Final Development Plan, CUP & Plat
standards and operational characteristics of this use. There are specific standards for hours of
operation and noise when the development is within 300 feet of residentially zoned properties.
Landscaping and lighting controls will provide adequate transitions between this use and the
surrounding area.
The building is a one story building with two primary exterior building materials of brick and a stucco
material. There are circular LED lights along the edges of the metal canopies on the site, and green
architectural lighting along the edges of the window covering at the drive-through and at the covered
patio. The patio area will be covered with a fabric canopy which is attached to the main building.
There are metal canopies which cover the parking spaces; this canopy is a flat metallic fascia which
connects to poles which support the structure.
The building shows an attached tower element at the southwest corner of the building, the tower has an
acrylic covering with a band of blue architectural lighting in strips on the rounded cap. The restaurant
proposes to be a 24 hour operation and will have 10 employees at peak hours. Sonic proposes to have
outdoor music on site, if the residential uses develop to the west, within a 300 foot distance, staff
would recommend that restrictions be placed on the hours the music could be played if the restaurant
remains open 24 hours.
Site Improvements – Access – Circulation
Site improvements at the edges of the site will occur in several phases. These primarily involve the
access drive from American Boulevard, curb and gutter improvements, and sidewalks along the west
side of the site. These phased improvements are related to the redevelopment of the Penn American
site. When the Sonic restaurant is built, several accesses into and through the site will be removed.
The site currently has two access points, at the northwest part of the site from Newton Avenue and a
common drive with Wendy’s; these will be closed as part of the site redevelopment.
At American Boulevard, the existing Mitsubishi access drive will become the primary access to this
site; this is the future Newton Avenue. A new entrance will be created at the southwest corner of the
site; this will bring cars into the site from Newton Avenue. Two possible future connections may
occur, one would be a connection to Wendy’s at the southeast corner of this site and the other would be
a connection from the future ‘A’ street. Existing curb and gutter will remain at the American
Boulevard connection, a new access drive will be built to the new entrance and new curb and gutter
will occur along portions of Newton Avenue to the southern border of this site. When the Penn
American development occurs Newton Avenue will be developed with a 24 foot roadway, a 3 foot
boulevard and an 6 foot sidewalk along the east side.
The site is constrained by the need for access from a widened Newton Avenue and the creation of the
outlots; site circulation will be one way, counterclockwise after cars enter the site at the south end.
The drive-through menus are located at the north side of the building. There is stacking for six cars
along the north and west sides extending to the pick-up window. There is a three foot screen wall
along the outside of the curb between the drive lane and American. The parking lot and drive lane will
maintain a 13.3 feet setback from American Boulevard; the streetyards along the east and west
property lines will be 5 feet and landscaped. The southern property line shows a zero setback from ‘A’
Street; this area abuts the 8 foot sidewalk within the ‘A’ Street right-of-way. There will be a visual
element at this location to separate these uses and direct pedestrian traffic to this site.
Report to the Planning Commission April 24, 2008
Division of City Planning
Case 8465ABCDE Page 1.6
Rezoning, Prelim & Final Development Plan, CUP & Plat
Building Layout and Architecture
The building will have no public access other than access to a unisex bathroom along the east side of
the building. The building has an interior-accessed trash and recyclable collection/storage room and
freezer/cooler space on the west side, and the drive-up window on the west side. Exterior finish and
materials are to be brick, a fiber cement material with a texture similar to stucco (www.nichiha.com ),
and an arched fabric canopy over the outdoor seating area. The parking lot canopies are mounted on
metal poles with a metal cover and fascia. The outdoor patio will seat an additional 20 patrons. There
are lighted canopies over the car-park areas on the site. The applicant is proposing wall signage on all
elevations.
The applicant proposes a three-foot architectural screen wall along the northern property line; staff has
recommended that this wall be constructed of brick to match the primary material on the building. The
applicant has submitted a landscape plan which provides screening along the two 5 foot landscaped
yards. The landscape plan will be reviewed for meeting the intent the Code; however staff will also be
reviewing the landscaping plan’s ability to screen car lights from the parcels adjoining on the east and
west, and to provide a separation between the sidewalk along ‘A’ Street and the pedestrian entrances to
this site. Adequate screening is required to the west of this site because cars will be exiting one of two
drive-throughs proposed for businesses inside the adjoining development and will be exiting towards
this site.
The applicant is in the process of developing a lighting plan that will be in compliance with the Code.
This site requires additional review for lighting since it is proposed in the parking lot, under the outside
canopies and along the southern edge of the site. There may be an opportunity to coordinate the
lighting along the new public street with this site. Staff has identified that the applicant proposed to
use uplighting under the patio canopy; this would not be allowable under the code.
As the surrounding area develops with possible mixed-uses, including residential uses, it will become
increasingly important to consider residential uses which may be incorporated into developments in the
future. At this site, running automobiles, light and noise will be the characteristics which must be
considered and mitigated to the extent possible under the code. The proximity of proposed new
residences at the Penn American site to the southwest should be considered when mitigating impacts.
Although these residences are represented on the Preliminary Development Plan as slightly beyond the
300 feet distance which would limit overnight operations and provide specific noise standards, staff
would recommend that outside noise be regulated as they develop.
Wall signage for the drive-in restaurant is proposed on three sides of the building. Staff has notified
the applicant that the proposed signage along the tops of the windows at the patio and along the east
elevation are not code compliant and must be removed. The “open” sign along the third elevation
could be consider as incidental signage if the total amount of signage on the site does not exceed code
maximums. The applicant and all other parties have been advised that a Uniform Sign Design is
required for the development prior to the issuance of sign permits.
Conditional Use Permit
Restaurants with drive-throughs require a conditional use permit per the Code. The Final
Development Plan will include specific conditions to assure that the character and intensity of the
restaurant operation will be maintained.
Report to the Planning Commission April 24, 2008
Division of City Planning
Case 8465ABCDE Page 1.7
Rezoning, Prelim & Final Development Plan, CUP & Plat
Preliminary Plat
The replatting of this lot creates one lot and two outlots; this is a result of the desire to plan for the
creation of two new public streets south and west of this site. These outlots are planned for right-of-
way and to facilitate construction of these streets.
The subdivision of this lot into one lot and two outlots does create some site limitations, these are
addressed in Code Conformance as items which require flexibility from performance standards of the
code. The approval of a Final Development Plan for this site regulates the use of these outlots, they
could not remain as free-standing lot and be built upon without a revision of the plan.
Lot 1 is being created for the purpose of development of the Sonic restaurant. Outlots A and B are
created for conveyance; this approach is similar to a number of other Planned Developments where
property division has occurred to allow for divided interest purposes.
In addition to the dedication of right-of-way along American Boulevard, the plat will provide the
following:
• Standard drainage and utility easements along the American Boulevard and Newton Avenue
Street frontages;
• Standard drainage and utility easements along the south lines of all three lots. Standard
drainage and utility easements along the east lines of all three lots and the west lines of Lot 1
and Outlot B.
• Park dedication is not required since the new building is smaller than the present building;
• Standard concurrent sidewalk easements by document along both street frontages; and
• An access easement will be provided along the Newton Avenue frontage of Outlot A. This is a
private access agreement, until such time that Newton Avenue becomes a public street.
The proposed plat is consistent with the proposed development and, in a form which should minimize
potential future ownership and assembly problems. The Final Plat documents will be submitted to
Public Works staff for preparation for City Council action concurrently with the subject applications.
RECOMMENDATION – REVISED CONDITIONS
In Case 8465A-08, staff recommends approval of a rezoning from General Business B-3 to General
Business B-3 (Planned Development) for the property at 2101 American Boulevard West.
In Case 8465BC-08, staff recommends approval of a Preliminary Development Plan and Final
Development Plan for restaurant with a drive-through at 2101 American Boulevard West subject to the
following conditions being satisfied prior to the issuance of any grading, foundation or building
permits.
1) A Site Development Agreement that includes all conditions of approval shall be executed by the
applicant and the City and shall be properly recorded by the applicant with proof of recording
provided to the Manager of Building and Inspection Division;
Report to the Planning Commission April 24, 2008
Division of City Planning
Case 8465ABCDE Page 1.8
Rezoning, Prelim & Final Development Plan, CUP & Plat
2) Building plans shall identify trash and recyclable material collection and storage area(s) provided
within the building(s) as approved by the Fire Marshal and the Planning Manager;
3) A 10-foot sidewalk/bikeway easement be provided along American Boulevard West and
approved by the City Traffic Engineer with proof of filing to be provided to the Public Works;
4) Exterior building materials shall be as shown on plans approved in Case 8465ABCDE-08;
5) Revised grading, drainage, utility, erosion control and construction traffic plans be approved by
the City Engineer prior to the issuance of permits.
6) Approved erosion control measures shall be in place prior to issuance of grading permits;
7) Access, circulation, and parking plans be as approved by the City Traffic Engineer;
8) A Stormwater Management Plan shall be submitted including the following:
i. Stormwater rate control, volume control and water quality treatment which meets the
requirements of the Bloomington Comprehensive Surface Water Management Plan
(CSWMP)
ii. Maintenance Schedule/Plan for Stormwater BMP signed by property owner and to be
filed on record with Hennepin County. Proof of filing shall be submitted to
Engineering;
and subject to the following additional conditions:
9) All construction related parking, loading and unloading, staging, and material storage shall occur
on-site and off of adjacent public streets except as may be approved by the Director of Public
Works for a temporary period;
10) Alterations to utilities be at the developer's expense;
11) Approved and installed erosion control barriers shall be maintained in an effective and functional
condition throughout the construction period and shall not be removed until all disturbed areas
are stabilized in an approved manner and removal is authorized by the City Engineer;
12) Four bicycle parking spaces shall be provided at a location to be approved by the City Engineer.
13) The rooftop ladder and outside utilities along the north side of the building should be moved
inside the building.
14) Upon completion of the development in compliance with the plans as shown in Case
8465ABCDE-08, the City shall be deemed to have provided the owner, its successors and
assigns the right to install, update and permanently maintain a masonry screening wall to comply
with the mandatory screening requirement of City Ordinance within the southerly two (2) feet of
any easements dedicated or provided along American Boulevard.
and subject to the following Code requirements:
1) Three foot high solid screening be provided along American Boulevard West as approved by the
Planning Manager (Sec. 19.52);
2) Landscape plan shall be approved by the Planning Manager (Sec 19.52);
3) All rooftop equipment shall be fully screened (Sec. 19.52.01);
4) Poured-in-place concrete curbs be provided on the perimeter of parking lots and traffic islands
(Sec 19.64);
5) Noise emitted by the drive through speaker system shall comply with the requirements of
Chapter 21.301.05(e);
6) Unused water services shall be properly abandoned (Sec. 11.15, City Code);
7) Fire lanes shall be posted as approved by the Fire Marshal (Sec. 8.73);
Report to the Planning Commission April 24, 2008
Division of City Planning
Case 8465ABCDE Page 1.9
Rezoning, Prelim & Final Development Plan, CUP & Plat
8) Utility plan showing location of existing and proposed water main and fire hydrant locations
shall be approved by the Fire Marshal and Utilities Engineer (Sec. 6.20, Uniform Fire Code Ch.
10.301-C);
9) Food service plans be approved by the Environmental Services Division (Sec. 14.360);
10) Recyclable materials shall be separated and collected (Sec. 10.45);
11) All trash and recyclable materials be screened and stored inside the principal building (Sec.
19.51)
12) Parking lot and site security lighting shall satisfy the requirements of Section 19.54 of the City
Code; and
13) Signage be in conformance with the requirements of Chapter 19, Article X of the City Code.
14) Prior to issuance of the Certificate of Occupancy, the developer/contractor must submit
electronic utility as-builts per Section 17.79 of the Bloomington Code, to the Public Works
Department;
15) The property shall be platted per Section 16.03 of the City Code. The approved Final Plat shall
be filed with Hennepin County and a certified copy shall be provided to the Engineering Division
prior to the issuance of building permits;
16) A common utility agreement be provided by document in recordable form to cover all utilities
crossing interior property lines as approved by the City Engineer with proof of filing to be
provided to the Public Works;
17) Common driveway/access agreements be provided by document as approved by the Traffic
Engineer with proof of filing to be provided to the Public Works;
18) Building shall be provided with an automatic fire sprinkler system as approved by the Fire
Marshall (MN Bldg. Code Sec. 903, MN Rules Chapter 1306; MN State Fire Code Sec. 903);
19) Connection charges shall be satisfied as determined;
20) SAC questionnaire shall be completed and fees be satisfied;
21) An erosion control surety as determined by Public Works shall be provided to the Manager of
Building and Inspections;
22) NPDES construction site permit and Storm Water Pollution Prevention Plan (SWWPP) shall be
provided. The SWPPP shall include the name and phone number of the party responsible for
erosion control;
23) Nine Mile Creek Watershed District Permit and comments shall be submitted to the Engineering
Division;
In Case 8465D-08, staff recommends approval of a Conditional Use Permit for a restaurant with a
drive-through at 2101 American Boulevard West subject to the following conditions:
1) The restaurant shall be as approved in the Final Development Plan in Case 8465ABCDE-08;
2) Changes in the restaurant hours of operation or drive through shall first be reviewed and
approved by the Planning Manager to ensure compatibility and consistency with the intent and
purpose of the approved Planned Development;
3) Patio seating shall be limited to 30 seats; and
Report to the Planning Commission April 24, 2008
Division of City Planning
Case 8465ABCDE Page 1.10
Rezoning, Prelim & Final Development Plan, CUP & Plat
In Case 8465E-08, staff recommends approval of the one lot and two outlots, one block Preliminary
Plat of Sonic Bloomington subject to the following conditions:
1) The approved Final Plat shall be filed with the Hennepin County Recorder and a certified copy
of the recorded plat shall be provided to the Engineering Division prior to the issuance of any
grading or building permits;
2) Title opinion or title commitment dated within the past 6 months shall be provided;
3) Park dedication shall be in cash prior to filing the plat with Hennepin County if required;
4) Dedicate right-of-way as shown on the attached Plat on American Boulevard;
5) Standard 10 foot drainage and utility easements be shown along the frontages of all lots and 5-
foot drainage and utility easements be shown along the east and south perimeter property lines of
proposed Block 1 as approved by the City Engineer;
6) No drainage and utility easements are required along the two interior common property lines of
the proposed three lots;
7) A common utility agreement be provided by document in recordable form to cover all utilities
crossing interior property lines as approved by the City Engineer with proof of filing to be
provided to the Manager of Building and Inspection;
8) Common driveway/access easement agreements be provided to Public Works with proof of filing
to be provided to the Manager of Building and Inspection;
9) A 10-foot sidewalk/bikeway easement be provided along American Boulevard and a 6-foot
sidewalk easement be provided along Newton Avenue as approved by the City Traffic Engineer
with proof of filing to be provided to the Manager of Building and Inspections.
planning\pc\reports\s8465ABCDE-08
Report to the Planning Commission April 24, 2008
Division of City Planning
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