5.3. & 5.4. PCSR 12-11-2007J,~
ctY of
Elk -~-_
River
REQUEST FOR ACTION f ILE COPY
To Item Number
Plannin Commission 5.3 and 5.4
Agenda Section Meeting Date Prepared by
Planning Items December 11, 2007 Sheila Cartney, Senior Planner
Item Description Reviewed by
Conditional Use permit to allow a Sonic restaurant, and erem Barnhart, Plannin Mana er
Preliminary and Final Plat Case# CU07-31 Reviewed by
Action Requested
Staff.supports 2 actions:
Approval of the Conditional Use Permit to allow a Sonic Restaurant, as illustrated on drawings
dated received December 3, 2007, with the following conditions:
1. All comments of the City Engineer's memo dated December 4, 2007 shall be
addressed.
2. As a Conditional Use Permit is not a Building Permit, the applicant shall apply for all
required permits.
3. The development shall meet all applicable fire and building codes.
4. Hours of operation are from Gam-11pm Sunday through Thursday and Gam-midnight
Friday and Saturday.
2. Approval of the Preliminary Plat subject to the following conditions:
1. All comments of the City Engineer's memo dated December 4, 2007 shall be
addressed.
2. A limited access symbol shall be provided along Main Street with the exception of
the existing driveway and Carson Street.
3. A 12 foot easement for sidewalk/trail purposes shall be dedicated along Main Street.
4. A letter of credit in the amount of 100%, of the cost of the site improvements, not to
exceed $50,000 shall be submitted prior to the releasing of the Final Plat for
recording.
Background/Discussion
The applicant proposes a Sonic Restaurant on the former Burger Time site on Main Street. There are
currently no Sonic's in the state of Minnesota. Sonic, a franchise with over 3,000 locations, is a drive-in
Case File: CU 07-31
Page 2
Sonic Restaurant
restaurant where orders are taken at your car through an ordering device much like those in drive-thrus
and drive-ins. An attendant will bring the food out to the car and typically the food is consumed in the
car. Sonic is known for a wide variety of menu items and specialty beverages. There is also adrive-thru
typically seen in a fast food setting and there is a patio area that will take walk up orders. There is no
seating indoors.
A Conditional Use Permit (CUP) is required for this type of restaurant in the C-3 zoning district;
although Burger time operated on this site for several years, no CUP is on record. As proposed, the
existing Burger Time restaurant will be torn down and replaced with a new building.
Attachments
• Memo from City Engineer dated December 4, 2007
• Applicant's Narratives
• Site Plan dated December 3, 2007
• Sign Plan
• Architectural Drawings
General Information
A licant Louks Associates
60 Day Rule The application has been deemed complete as of December 3,
2007. The City must take action by February 4, 2007
Re nested Action Conditional Use Permit and Variance
Location and Size Approximately 1 acre at the intersection of Main Street and
Carson Street.
Location Existing Use Land Use Plan Designation Current Zoning
SUbjeCt Vacant Burger Highway Business C-3 Highway
Property Time Restaurant Commercial
North Auto mall Highway Business C-3 Highway
Commercial
SOUth Retail Light Industrial C-3 Highway
Commercial
East Super America Highway Business C-3 Highway
Commercial
West Fairview Clinic Highway Business C-2 Office District
S:\PLANNING\Case Files\CUP\CU 07-31 Sonic\PC 12.11.07.doc
Case File: CU 07-31
Page 3
Overview
Sonic Restaurant
Sonic Restaurant is proposing to locate at the former Burger Time site on Main Street. The
development plan includes the removal of the existing restaurant building. This type of restaurant
requires a Conditional Use Permit in the C-3 zone, as the lot is not platted, ~ plat ~s also required-
Staff is processing the preliminary and final plat at the same time.
Applicable Regulations
Subdivision
These findings are necessary for the city council approval of the preliminary plat and the final plat:
(7) The proposed subdivision is consistent with the honing regulations (article VI of this chapter) and
conforms in all respects with all requirements of this Code, including the honing regulations and this article.
(2) The proposed subdivision is consistent with all applicable general and specialised city, county, and
regional plans, including but not limited to, the city's comprehensive development plan.
(3) The physical characteristics of the site, including but not limited to topography, soils, vegetation,
susceptibility to erosion and siltation, susceptibility to flooding and drainage are suitable for the type and
density of development and uses contemplated.
(4) The proposed subdivision makes adequate provision for water supply, storm drainage, sewage
transportation, erosion control and all other services, facilities and improvements otherwise required in this
article.
(S) The proposed subdivision will not cause substantial environmental damage.
(6) The proposed subdivision will not conflict with easements of record or with easements established by
judgment of a court.
(7) The proposed subdivision will not have an undue and adverse impact on the reasonable development of
neighboring land.
(8) Theproposed subdivision is notpremature. A subdivision ispremature if any of the following exists:
a. Lack of adequate stormwater drainage.
b. Lack of adequate roads.
c. Lack of adequate sanitary server systems.
d. Lack of adequate o~-site public improvements or support ystems
In the review of the standards for Final Plat as outlined, it appears that the request is consistent with
all of these standards.
Conditional Use Permit
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
7. Will not endanger, injure or detrimentally affect the use and enjoyment of other propery in the immediate
vicinity or the public health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the
city.
2. Will be consistent with the comprehensive plan.
3. Will not impede the normal and orderly development and improvement of surrounding vacant proper y.
4. Will be served adequately by and will not adversely a~ect essential public facilities and services including
streets, police and fire protection, drainage, refuse disposal, water and sewer systems, parks and schools; and
S:\PLANNING\Case Files\CUP\CU 07-31 Sonic\PC 12.11.07.doc
Case File: CU 07-31
Page 4
Sonic Restaurant
urill not, in particular, create tra~ic congestion or interference with tra~ic on ad acent and neighboring public
thoroughfares.
5. 1Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons or properly because of excessive traffic, noise, smoke, fumes, glare, odors, dust or
vibrations,
6. Weill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
7. Weill fully comply with all other requirements of this Code, including any applicable requirements and
standards for the issuance of a license orpermit to establish and operate the proposed use in the city.
If denial of such a permit should occur, it shall accompany recommendations or determinations by
findings or a report stating how the proposed use does not comply with the standards set forth in
Section 30-654.
In the review of the standards fox CUP as outlined, it appears that the request is consistent with all
of these standards.
Analysis
Sonic is a unique restaurant model not contemplated by the City's zoning ordinance. In the review
of the impacts contemplated by the Conditional Use Permit process, (impacts to adjacent
development, light, design, traffic, odors, etc.), Staff reviewed the restaurant proposal as a
"package", including communication materials, design, canopy, etc.
There are two accesses into the site, one from Main Street and the other from Carson Street. There
are three exits out of the site: the two just mentioned and one exit only, on the southeast side of the
site onto Carson Street, a private road. Based on the lot configuration, it appears the main street
entrance will most likely be the main entrance into the site.
The new building will be 1,720 square feet and in the same general location as the former Burger
Time building. The drive in stalls will be on the east side of the building and each lane will have its
own menu board; there are 19 stalls proposed. These stalls will be under a canopy.
Existing water and sewer services will accommodate the business, no other public utilities are
proposed or suggested.
Signage
The C-3 zoning district is allowed one pylon sign with an area of 110 square feet and 30 feet in
height. The proposed pylon sign is 106.12 square feet and 30 feet in height. As proposed the pylon
sign will have two sign faces; one with Sonic printed and the other will be an LED sign
advertisement. The LED sign is 25 square feet under the 30 square foot requirement for a
Conditional Use Permit.
Properties in the C-3 zoning district axe allowed three wall signs with a maximum area of 300 square
feet. As proposed there are seven walls signs with a total sign area of 71.37 square feet. While these
signs are clearly under the size limit the number of wall signs are exceeded. Included in these 7 signs
are 4 "wall mounted graphic panels" as defined by Sonic. The applicant has indicated that a variance
is requested for these "graphic panels". This request came after the public hearing publications
S:\PLANNING\Case Files\CUP\CU 07-31 Sonic\PC 12.11.07.doc
Case File: CU 07-31
Page 5
Sonic Restaurant
have gone out, if the applicant desires to pursue this variance, a new public hearing and notification
is necessary. The applicant should be aware that Staff does not support a variance for these signs.
The drive-thru has two signs, a preview board and an order board. Order boards are permitted if
they are 32 square feet or less. The two provided are slightly over 32 square, the signs should be
reduced to 32 square feet or less or a variance is necessary. There is a smaller menu board at the
patio and each drive-in stall has a menu board that you order from, these signs are 6.33 square feet
each, as proposed there will be 21 of these signs on the site. Instead of ordering from a person
inside the restaurant as is typical of most restaurants, Sonic does all its customer ordering from these
communication devices outside.
Landscapin4
The landscape plan seems adequate for the site. Staff suggests plantings along the east side of the
drive-in parking area: shrubs and ornamental plantings.
Plat
The site is currently 1.01 acres, after platting the lot will be 0.87 acres. The minimum lot size in the
C-3 district is 1 acre. The lot is non-conforming because ofright-of--way requirements for the plat,
imposed by the City. The City Engineer has suggested that there be 12 additional feet of right-of-
way dedicated for future sidewalks or trails; as an alternative an easement for sidewalk/trails
purposes would be acceptable. Staff is in favor of a 12 foot sidewalk/trail easement to keep the
nonconformity of the lot to a minimum.
Recommendation
Staff recommends approval of the Conditional Use Permit to allow a Sonic Restaurant with
conditions listed above and approval of the Preliminary plat with the right-of--way dedication and
sidewalk/trail easement.
Action Motion by Second by Vote
Follow Up
S:\PLANNING\Case Files\CUP\CU 0731 Sonic\PC 12.11.07.doc
~~
aver
MEMORANDUM
TO: Sheila Cartney, Senior Planner
FROM: Terry Maurer, Public Works Director
DATE: December 4, 2007
SUBJECT: Sonic Restaurant Site Plan Review
File 226-185P
As requested, we have reviewed the revised submittal package for the Sonic Restaurant
proposed at the intersection of Carson Street and Main Street. The submittal package was
dated November 30, 2007. Based on our review, we would offer the following comments:
1. The developers have changed the traffic flow pattern internally as we had requested.
The closest driveway to the Main Street intersection on Carson Street is now aright-out
only and traffic turning in off of Carson Street must use the northerly driveway.
2. The utility plan has been changed to show connecting to the existing sanitary and sewer
services previously used for the Burger Time Restaurant.
3. There is a Storm Water Pollution Prevention Plan included. It shows a rock driveway
and silt fence around the perimeter of the site, except for the access points. As we
discussed with the developers at our meeting, the Storm Water Pollution Prevention
Plan will need to be submitted in 8 1/z" x 11" format, signed by the engineer, developer
and contractor. We will also require the contractor to install inserts into the existing
catch basins along Main Street, if there are any in close proximity to the site.
4. The site is required to be platted. We would suggest that an additional 12 feet of right of
way along the Main Street frontage be required. The site is more than adequate to
provide this additional right of way and this would provide a space in the future, should
a sidewalk ever deemed to be appropriate along the north side of Main Street. As an
alternative to the additional 12 feet, an easement for sidewalk/ trail purposes would be
acceptable. In addition, we would suggest a limited access symbol be provided on the
plat along the Main Street frontage with the exception, of course, of Carson Street and
the existing driveway.
If you have any questions regarding any of these comments, please contact me.
S:\PL.ANNING\Case Files\CUP\CU 07-31 Sonic\12 04 07 Engr's comments.doc
Proposed Sonic.Restaurant
229 Carson Street NW
Description of Project:
We are proposing the redevelopment of the former Burger Time site and wish to replace it with an exciting new
Sonic Drive-in Restaurant. Sonic restaurants have recently targeted the Twin Cities as a new area of expansion
and the Elk River site is one of the first locations being considered. A highly successful franchise with over
3,000 locations, Sonic is known for a wide variety of menu items and specialty beverages and offers a unique
atmosphere to their patrons.
Hours of Operation:
Sonic's normal operationg hours are Gam-1 lpm Sunday through Thursday and Gam-midnight Friday and
Saturday. 24 hours stores are evaluated on a site-by-site basis. These sites tend to be interstate highway
locations or heavy commercial locations with many late-night businesses in the area.
Number of Employees:
The number of employees varies depending on the shift time, but 4-6 are typical.
Number of Parking Stalls:
The site layout contains a total of 26 parking stalls, but 19 of those are used for serving at the vehicle. Order
boards, with two-way communication, allow patrons to place an order and have it delivered to the vehicle.
Seven parking spaces, primarily for employee use, are included on the north end of the site.
Proposed Screening:
The proposed use is consistent with the current development pattern. No additional screening is included except
for coniferous trees on the northwest corner to screen the employee parking and trash enclosure area.
Proposed Building Materials:
The architectural theme established for Sonic Restaurants is a modern, buy yet nostalgic, interpretation of the
classic American drive-in restaurant. The primary building material, Nichiha (www.nichiha.com) cementitious
panels, are an integral colored, durable building envelope that has astone-like appearance while projecting a
modern image.
Signage:
A mixture of Signage size and locations are being proposed and our application contains more detail on each
sign type. Please refer to the enclosed detail sheets for additional clarification.
Outdoor Storage:
There is no outdoor storage other than the re-use of the existing trash enclosure.
Impact to the Site:
The site will be not be significantly impacted different than the current use. Grading must meet three different
points of connection and will require a short retaining wall in a similar location as currently found on site. No
existing wetlands, or significant trees, are being affected. New landscaping will compliment the new
construction. Access locations on adjacent roads and drives are being kept as-is.
Other Information:
Included in this application is a FAQ document that answers some of the common questions related to Sonic
Restaurants. More information is available at www.sonicdrivein.com.
`~--
America's N
Drive•In...
SONIC FAp's
How much traffic will Sonic Generates On an average volume restaurant, Sonic's
daily traffic count is less than 425 cars a day. The traffic is distributed throughout the
day with 12% coming in at breakfast between Gam-11 am, 32% coming in at lunch time
between 11 am-2pm and 32% visiting during dinner time between Spm-8pm. The
remaining 16% of visits occur during the mid-day and late evening snack times. Sonic
doesn not consider its restaurants destination type facilities. As our customers either
work or live within a 2-3 mile radius of each location. We are a neighborhood restaurant.
What are Sonic's operating hours Sonic's normal operationg hours are Gam-1 lpm
Sunday through Thursday and Gam-midnight Friday and Saturday. 24 hours stores are
evaluated on a site-by-site basis. These sites tend to be interstate highway locations or
heavy commercial locations with many late-night businesses in the area.
How does Sonic protect surrounding properties and neighborhoods from trash
Being a dnve-m restaurant, Somc considers the parking lot to be its dining room. Our
Carhops and other employees continually patrol the lot for trash. We have several
receptacles on the site for patrons and employees to discard trash. Sonic's landscape
design also helps in collecting any trash that is blown out of the stalls building area.
Shrubs are planted along the perimeter of the lot to form a hedge, which acts as a screen
to keep trash on the lot. The lot and other exterior features are also washed down daily as
part of our closing and opening precedure, weather permitting. Sonic takes great pride in
the appearance of its facilities.
How does Sonic handle security and congregation of teen agers~ Sonic is a family
restaurant, it is m our best interest to create a safe and friendly atmosphere for our
customers. All of our employees and managers are trained to handle issues pertaining to
teen-age congregation. No loud music is allowed and the offender will be asked to turn
the music down. If the patio area is getting too crowded the manager will ask some to
leave. All managers have a relationship with the local police and there are security
guidelines in place. The fact that our business is outside and our employees are
constantly on the lot, out sites tend to be safer and more secure than other businesses of
out type. With the number of Sonic Drive-in's in urban areas and the fact that we are a
neighborhood restaurant, the kids visting this Sonic are "your" kids.
How will Sonic control light and noise from encroaching into our nei~hborhood~
Our extenor hghtmg is designed using "cut-off' fixtures and can be adjusted not to throw
light onto surrounding properites. We have professional lighting designers complete a
photometric plan for our sites. This plan shows the light level or candlepower at various
SONIC CORP. & Subsidiaries 101 Park Avenue Oklahoma City Oklahoma 73102
C;anaral (lffirac Phnnc• drlF_9A(1JR~n
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points throughout the site and specifically at the property lines. We design to meet all
local codes for light trespass and will adjust any light that creates glare after it is
installed. Our LED lighting around the perimiter of the canopies is very soft and is oly
on during business hours.
Sonic uses speakers at each drive-in stalls to take the customers order, sometimes we also
have adrive-thru order speaker. Each individual speaker has a fully adjustable volume
control. The speakers are designed to have a very narrow focus of sound. Since our
speakers are only 11 ft apart, we have to design them in such a way for the driver of each
car to be the only one who can hear that speaker clearly. Our speakers, set at the correct
level, are barely audible from a distance of 7 feet. Our speakers are most often more than
15-20 feet away from property lines. We will adjust the volume of our sound system if
we receive any complaints from neighbors.
SONIC CORP. & Subsidiaries 101 Park Avenue Oklahoma City Oklahoma 73102
General Offices Phone: 405-280-7654
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