4.1. PCSR 02-26-2008~J
cty or
Elk - -
River
REQUEST FOR ACTION
To Item Number
Plannin Commission 4.1.
Agenda Section Meeting Date Prepared by
Plannin Items Februa 26, 2008 erem Barnhart, Plannin Mana er
Item Description Reviewed by
Request by Dolphin Real Estate for Site Plan Approval for erem Barnhart, Plannin Mana er
Burger King Restaurant Expansion, Case No. SP 08-02 Reviewed by
Action Requested
Staff supports approval of the site plan approval of the Burger King expansion, as illustrated on
drawings dated February 20, 2008 with the following conditions:
1. Staff approval of the landscaping plan, including foundation beds.
2. Four overstory shade trees in each of the north and east "yard" areas.
3. A letter of credit in the amount of 100% of the cost of the landscaping improvements
shall be submitted prior issuance of Certificate of Occupancy if not completed.
Background/Discussion
In 1984, the Elk River Plaza PUD and plat was approved. The PUD agreement requires Site Plan
approval by the Planning Commission and City Council for all development. Burger King last
approached the City for site plan approval in 1991, with a `greenhouse' addition. A restaurant is a
permitted use in this PUD, therefore, no public hearing is required.
Financial Impact
None
Attachments
• Location Map
• Applicant's Narrative
• Site Plan dated February 20, 2008
• Color Architectural rendering dated February 20, 2008
• Staff comment letter dated February 13, 2008
• Applicant response letter dated February 20, 2008
Case File: SP O8-
Page 2
General Information
Burger King play expansion 2008
Site Plan
Applicant Dolphin Real Estate
60 Day Rule The application has been deemed complete as of January 25,
2008. The City must take action by March 25, 2008
Requested Action Site Plan approval
Location and Size Approximately 1.14 acres west of Highway 169, south of School
Street.
Location Existing Use Land Use Plan Designation Current Zoning
Subject Commercial - Highway Business PUD
Property Burger King
North Commercial -Gas Highway Business C-3
Station
South Commercial -Elk Highway Business PUD
River Plaza
East Highway 169 Highway Business PUD
West Commercial - Highway Business PUD
Bank of Elk River
Overview
Burger King's current proposal includes some interior modification/ update of the dining room, a new
bathroom and vestibule on the south side of the building, and a new indoor play area. The most prominent
result of the proposal will be the addition of the indoor play area. The play area will be within a 20' x 28'
addition on the east side of the building. The addition will be approximately 24 feet high, with near floor to
ceiling windows. In addition, Burger King proposes an update to their color scheme, including repainted
painted roof and brick, and a light band along the top of roof line.
The previously approved greenhouse addition will be removed, so with minor modifications to the footprint,
there will be no change in square feet.
Additionally, the applicant proposes reconstructing the dumpster enclosure, enlarging is to house the
cardboard dumpster currently located in the SE corner of the parking lot.
Applicable Regulations
Applicable regulations are noted above. The Planning Commission and City Council are asked to evaluate
the proposal for compliance with the general development plan, approved in 1984.
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Case File: SP 08-
Page 3
Analysis
Burger King play expansion 2008
Site Plan
The applicant is proposing some improvements to the building. These improvements are consistent with the
character established by the district; staff supports them generally as proposed, with some additional
modification:
In addition to the improvements proposed, staff has recommended some improvements to the site,
particularly landscaping improvements. The original development was approved in 1984. Since then, there
have been several updates to the City's site design ordinances, including landscaping requirements.
Improvements such as those proposed are an opportunity for the City to require additional improvements to
the site in scale with the request.
Parktn~
The Zoning Ordinance, Section 30-903-8 (a) requires 1 space per 40 square feet of customer area, or 52
spaces. Included in this calculation are 8.25 spaces due to the restrooms size. The site, without curbed
island, provides 52 spaces.
Landscaping
Staff has suggested the addition of two curbed, landscaped parking lot islands. These islands are included in
the proposal. In addition to parking stalls, the Ordinance also requires, in Section 30-935 (a), the presence of
landscaped islands within the parking lot, to facilitate traffic control (particularly noted at the entrance and the
drive through) and break up the expanse of concrete. Staff believes this the addition of landscaping to be
consistent with Council's goal of improved image.
With the provision of the two parking lot islands, 4 spaces will be lost. Staff supports the loss of these spaces
because the landscaping islands provide more benefit to the working of the site that the additional spaces.
Landscaping Ordinance requires 1 tree per 40 feet of lot perimeter. If this was original development, the
requirement would be 23 trees. During a recent site inspection, staff noted that there are 5 trees on the
property. It is suggested that in addition to the 2 trees in the parking lot, 4 trees overstory shade trees be
added to both east and north property line. Four trees have been proposed. With staffs recommendation,
there would be 15 trees on the property.
Along the foundation of the building are several landscaping areas. The applicant proposes to update these
beds based on what's currently located there, and adding material from the list on page SP1. Staff supports
these materials.
Respectfully Submitted
Jeremy Barnhart
Planning Manager
Action Motion by Second by Vote
FOllow Up
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Proposed addition: Burger King #4929 -Elk River, MN
Summary:
Dolphin Fast Food, Inc., a franchisee of Burger King, owns and operated the
Burger King located at 850 Freeport Ave in Elk River, MN. In order to enhance
and improve the customer experience, Dolphin Fast Food is working on plans to
add a playroom to the east end of the current structure. The playroom with be an
enclosed structure with both playground equipment (BKC approved for safety)
and additional restaurant seating.
In addition to a playroom, Dolphin Fast Food is also working on plans to update
its dining room. Updates include replacing the current seating and adding an
ADA accessible restroom.
Burger King #4929 Hours of Operation:
Sun-Wed: 5:30am - 12:OOam
Thur: 5:30am - 1:OOam
Fri-Sat: 5:30am - 2:OOam
City of
Elk -
River
13065 Orono Parkway
Elk River, MN 55330
February 13, 2008
Dolphin Real Estate
Attn: Kirk Kiel
17 Washington Avenue N, Suite 500
Minneapolis, MN 55401
Re: Site Plan, Staff Comments
Dear: Mr. Kiel
At the Site Plan Review Committee meeting on February 6th, staff reviewed your
application and has the following comments:
Timetable
As per my conversation with Kirk Kiel, this application will require Planning
Commission and City Council review of the site plan. This is scheduled for February
26th (PC) and March 3rd. (CC). This timeline is aggressive, and will require rapid turn
around in drawings and other exhibits.
Fees and Application
All required fees have been paid, no additional fees are necessary. The summary of your
project and the plans submitted indicates that there is some modification to the footprint
of the building on the south and east sides. To better understand your proposal, please
submit the internal floor plan.
Parking
1. The Ordinance, section 30-903-8 (a) requires 1 space per 40 square feet of customer
area, or 52 spaces. Included in this calculation is 7 spaces due to the restroom size. The
layout provides these spaces. The Ordinance also requires, in Section 30-935 (a), the
presence of landscaped islands within the parking lot, to facilitate traffic control
(particularly noted at the entrance and the drive through) and break up the expanse of
concrete. Please add a landscaped island as shown on the attached sketch.
Phone: 763.635.1000
Fax: 763.635.1090
www ci.elk-river.mn. us
2. I also note that one of the stalls houses a cardboard recycling dumpster. Please locate
that to an enclosure. Also, I notice that dumpster enclosure is in need of some
maintenance. Please make necessary repairs.
Landscapin Ve etation
1. The plan indicates existing and new landscaping areas. Please indicate landscaping
proposed.
2. Additionally, the Landscaping Ordinance requires 1 tree per 40 feet of lot perimeter.
If this was original development, the requirement would be 23 trees. I note that there are
5 trees on the property. The City Council typically requires some improvement to
deficient landscaping in scale with the proposed redevelopment. Please add 4 overstory
shade trees each to the north and east side of the site.
It is helpful to generate a point by point response letter to these comments as part of your
next submittal. That way, focus can be directed to comments that were not addressed and
to those that required additional discussion, reducing time necessary for staff review.
The point by point letter and revised drawings should be provided by February 20, 2008
for inclusion in the February 26 Planning Commission packet. The revised submittal
should include two full size sets as well as four 11 x 17 reduced sets for the Planning
Commission review. Ten copies should be provided for any exhibit in color, including
the building elevations. A .pdf copy of all revised graphics is required to be submitted.
Please do not hesitate to contact me should you have any questions, I can be reached at
(763)635-1034.
Sincerely,
___~
~''
Jeremy Barnhart
Planning Manager, AICP