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96-272Council File # �� J�iv �F�E�t � t = � « Presented By Referred To Green Sheet # 35647 WF�REAS, Dennis Trisler, on December 4, 1945, in PED File No. 95-269 and pursuant to Saint Paul Legislative Code §§ 60.544(4) and 64300(d) applied for a Special Condition Use Permit to allow a fast-food restaurant with a drive-tlu�u window on property located at Grand Avenue and Interstate 35E and commonly known as Cnand Avenue and Douglas (southeast comer of Grand and I-35E) and legally described as the north half of Lot 12 and a11 of Lots 13 and 14, Block 3, Samuel Leech's Addition to Saint Paul; and All of Tract A described below: that part of Lots 1, 2, 3 and 4 Whitacre, Brisbine and Mullen's Subdivision of Lots 1 and 2 of Leech's Addition of Outlots to the Town (now City) of Saint Paul, according to the plat thereof on file and of record in the office of the County Recorder in and for Ramsey CounTy, Minnesota, described as follows: Beginning at the southwest comer of said Lot 4; thence run northeasterly to a point on the east line of said Lot 4, distant 40 feet north of the southeast corner thereof; thence run northeasterly to a point on the west line of said Lot 2, distant 76.77 feet north of the southwest corner thereof; thence run northeasterly on an azunuth of 52 degrees 54 minutes 03 seconds (azimuth oriented to Minnesota State Plane Coordinate System), 28.48 feet; thence deflect to the left on a tangential curve having a radius of 50 feet and a delta angle of 34 degrees, 37 minutes 42 seconds for 30.22 feet; thence on an azimuth of 89 degrees 11 minutes 48 seconds for 58.42 feet to the east line of said Lot 1; thence on an aziziiuth of 179 degrees 57 minutes 02 seconds along the east line of said Lot 1 for 118.00 feet to the southeast corner of said Lot 1; thence to the point of beginning; and That part of Douglas Street to be vacated lying adjacent to the above described properly; and WHEREAS, on Januazy 4, 1996, the Zoning Committee of the Saint Paul Planning Commission, in accordance with the requirements of Section 64300 of the Saint Paul Legislative Code, conducted a public hearing on the application of Dennis Trisler at which all persons were given an opportunity to be heard, either in person or in writing, on the said application; and WI3EREAS, on January 12, 1996, the Saint Paul Planning Commission, based upon the evidence presented to its Zoning Committee at the public hearing, approved the said application as substantially reflected in the minutes thereof and made findings of fact as set forth in Resolution No. 96-01 of the Saint Paul Planning Commission which is attached hereto and incorporated herein by reference and which shall become a part of this resolufion; and WHEREAS, on January 26, 1996, the West Seventh/Fort Road Federation filed an appeal of the decision of the Saint Paul Planning Commission putsuant to Saint Paul Legislative Code § 64.206 alleging an enor in fact, procedure or fmding of the Planning Commission which is attached hereto and incorporated herein by reference and which shall become a part of this resolution; and 9� �-�,7� VJHEREAS, acting p�suant to Sections 64.206 through 64.208 of the Saint Paul Legislarive Code and upon norice to affected parties a public hearing was duly conducted by the Council of the City of Saint Paul on Februazy 14, 1996 where all interested parties were given an opportunity to be heazd; and WI�REAS, the Council of the City of Saint Paul, having heazd the statements made and having considered the application, the report of staff, the record minutes and resolution of the Planniug Commission and of its Zoning Committee, does hereby RESOLVE, that the Council of the City of Saint Paul does hereby modify the decision of the Plauning Commission in this matter based upon the following fmdings of the Council: 1. That there is no eaor in any fact, procedure or finding made by the Plaiming Commission in this matter. 2. That notwithstanding finding no. 1 above, the Council, pursuant to its authority provided in Legislative Code Sec. 64.207 and based upon the testimony received, modifies the decision of the Planning Commission in this matter by adding the following conditions: (a) That the applicant shall initiate action to vacate the alley to the east. (b) That the applicant shall work with the environmental health office to do sampling of air quality from vehicle emissions near the site. (c) That the applicant's speakerlardering system to be installed shall be inaudible to adjacent residents. In the event that this system turns out to be audible, another type of system sha11 be employed. �/"^. : : ? "'. y . a A il ^+� $�'t % � Y � �` �IS 6 o . . . �-� . - V <' 1 '.a. � 2 3 4 5 6 7 8 9 9�-a��. BE IT FURTHER RESOLVED, that the appeal of the West 7th - Fort Road Federation is in a11 things denied; AND BE IT FINALLY RESOLVED, that the City Cierk shall mail a copy of this resolution to the Applicant, the Appellant, ihe Zoning Administrator and the Planning Commission. �.~� E t � 3 � R � ..,. 3 � . ... . �€ �`� _ . ..e.a Adopted by Council: Date �� a�q�{ � Adoption Certified by Council Secretary By: Ap� By: Requested by Department of: Sy: Form Approved by City Attorney B : . �� G./G-�l`y1�!^Q—� Approved by Mayor for Submission to Council By: / W r �� DEVARTMEN7/OFFICElGOUNpL DATE INITIATED N� 3 5 6 4 7 cit coun�i� 3/13/96 GREEN SHEE __ _ CANTACT PEFSON & PHONE �NRIA4DATE INITIAVDATE O OEPAATMENT DIRECTaR � CT' COUNCIL Nancy Andexson �� cmaTroar+Er �Gf(YCIERK NUMBERFOR MUST BE OOL C.ONiGIi AGEN�p BV (DATE} p � gl}pGE7 qRECTOA � FIN. & MGL SERYICE DIR. ORDER � MAYDR tOR ASS15fANn ❑ TOTAL # OF SiGNATURE PAGES iCLtP ALL LOCATIONS FOA SIGNATURE) ACT70N REOUESTED: Finalizing City Council action taken Februazy 14, 1996, denying the appeal of the West 7th- Fort Road Federation to a decision of the Planning Commission granting_a special eun3ition use permit to a11ow a fast foIId restaurant at Grand & Douglas Street. RECAMMENOqTIONS: Apryrme (A) or Rejact (R) pERSONAL SEHVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: _ PLANNING COMMISSION _ CIVIL SERVICE COMMISSION �� H25 this p8r5pNYiRn eVer wofketl under a ContraCt for Mi5 tlep8flment? - _ CIB COMMIifEE _ YES NO - _ S7AFF 2. Has this personffirm ever been a city employee? — YES NO _ DISTRICT cqURi _ 3. Does this person/ffrm possess a sk�ll not normally possessetl by any curtent city employee? SUPPORTSWHICHCAUNCILOBJECTIVE? YES NO Explafn all yes answers on separate sheet antl attaeh to green sheet INITIATING PROBLEM, ISSUE.OPPG1qTUNITV (Who, Whet, When, Where, Why): ADVANTAGES IF APPilOVEO: � DISAOVANTAGES IFAPPROVED: �kL#ii96Lt� �� .�,^.k P�,A� 13 1�� DISADVANTAGES IF NOTAPPROVED: � "'" TOTAL AMOUNi OF TRANSAG710N S COST/REVENUE BUDGE7ED (CIRCLE ONE) YES NO FUNDING SOUpCE PCTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) OFFICE OF THE CITY ATTORNEY T'vnothy E Marx, City Anorney �tc.-a�a cz� oF sa�r rauz. Norm Colemmr, Mayor Civil Division 400 City Hall IS West Kellogg Blvd Sarnt Paub M"mnesoW 55102 Telephone: 6I2 266-8710 Facsimile: 6I2 298-5619 March 8, 1996 � �`�•;w:r .'�?:;�'"�'rt� ;;:��.'�. c,�s_ ,��,,.� - ^: ......; 1 � ;��.: Ms. Nancy Anderson City Counoil Research Office Room 310 City Hall St. Paul, Minnesota 55102 Re: Appeal of the West 7th/Fort Road Federation Appeal heard on: February 14, 1996 Dear Ms. Anderson: Please find attached a copy of a resolution of the Saint Paul City Council modifying the decision of the Saint Paul Planning Commission in the above-entitled matter. You will note that the resolution of the City Council refers to the resolution of the SainC Paul Planning Commission, Resolution No. 96-01, which is to be incorporated by reference to the City Council resolution. Please contact Ms. Kady Dadlez in the Department of Planning and Economic Development for a clean copy of the Planning Commission's resolution. You will note that the resolution also refers to the application of the West 7th/ForC Road Federation, which is also to be attached to the resolution. Again, please contact Ms. Dadlez for a clean copy of that document as well. Please prepare the appropriate green sheet and have this matter placed on the council consent agenda at your earliest convenience. Very truly yours, ,��.��--- PETER W. WARNER Assistant City Attorney PWwjrmb Enclosure DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT a�-a.�a2. CTI'Y OF SAIN'T PAUL Norm Coleman, Mayor January 29, 1996 Ms. Nancy Anderson City Council Besearch Office Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Anderson: Divisron ofPlanning 25 West Fowth Street Saint Paul, MN 55102 Telephone: 612-266-656.5 F¢csimile: 612-228-3314 I would like to confirm that a public hearing before tl�e City Council is scheduled for Wednesday February 14, 1996 for the following appeal of a Planning Commission decision granting a special condition use permit: Appellant: WEST 7TH - FORT ROAD FEDERATION File Number: #95-269 Purpose: Appeal a Planning Commission decision granting a special condition use permit to allow a fast food restaurant with drive-thru window. Address: Grand Avenue & Douglas (southeast comer of Crrand & I-35E) Legal Description of Properry: see file. Previous Action: Planning CommissionRecommendation: Approval, vote: IS-1, 1/12/96 Zoning Committee Recommendation: Approval, vote: 7-0, I/4/96 My understanding is that this public heazing request will appeaz on the agenda for the February 7, 1996 City Council meeting and that you will publish notice of the hearing in the Saint Paul Lega] Ledger. Please call me at 266-6582 if you have any questions. Sincexely, [�� `l�dl�.�... Kady Dadlez City Planner Zoning Section cc: File #95-269 Mlke Kraemer Donna Sanders . � , NOTICE DF�PIT$LIC HEARING , . . �- � - ��The Saint Paul City Council will conduct�a public hearfng on W ednesday. February 14. 1996, a[ 3;30 p.m. in the City Council Chambers. Third Flaor. City Hall,-2o consider the-appeal of West 7th-Fort Road Federation to a decis3on of the'Planning Commission granting a special condition use pezx�it � to allow a fast food restaurant with drive-thru window at Gr-and Avenue �and Douglas Street (southeast comer of Grand and I•35E}. �Dated: Jaauarq 30. 1996 - � � ` . ' � NANCY AND&RS(?N ✓�' -'_ � ' - Assistant City Councit,Secre,ta�y. � ; � �- � � � , - , . {Febxuary 3. 1996j, � ". . , �, � _ DEPARIMENT OF PLAIINING & EC0110MIC DEVELOPMENT q�-��- � CITY OF SAINf PAUL Nasm Coleman, Mayor riw February 5, 1946 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Saint Paul, Minnesota 55102 � Div"tsion oJPlmmutg 25 West Fourth Sbeet Sainr Paul, MN SSI01 RE: Zoning File #596-013: VJEST 7T'HlFORT ROAD FEDERATION Ciry Counci] Hearing: February 14, 1996 Tekphone: 612-266fi565 Fac.�vnile: 671-278-3374 PURPOSE: To consider an appeal of the Pianning Commission's decision to grant a special condition use permit to allow a fast food restaurant with drive-thru window on properry located at Grand Avenue and Douglas Street. PLANNING COMMISSION ACTION: APPROVAL ZONR�G CONIMIT'TEE RECOr�IIvIENDAT'ION: APPROVAL STAFF RECOMMENDATION APPROVAL SUPPORT: 'fhree people spoke. OPPOSITION: Two people spoke. Dear Ms. Anderson: The West 7ih{Fort Road Federation has appealed the decision of the Planning Commission to grant a special condition use permit that would allow a fast food testaurant on property located at Grand Avenue and Douglas Street. The Zoning Committee of the Planning Commission held a public hearing on the permit request on January 4, 199b. The applicant addressed the committee. At the close of the public heazing the committee voted 7-0 to recommend approval of the permit. The Planning Commission affirmed the Zoning Committee's recommendation for approval on a vote of 15- 1 on January 12, 1996 finding that a11 of the required conditions for the permit were met and that the use was in conformance with the comprehensive plan for the city. Tf�is appeal is scheduled to be heatd by the City Council on February 14, 1996. Please notify me if any member of the CiTy Council wishes to have slides of the site presented at the public hearing. Sincerely, K o�� Planning Administrator � KF:kd Attachments cc: City Councilmembers , PED PLRNNIN6 DIV TEL�9-228-3314 Jan 25'96 16�13 No.008 P.02 � t� - a � a�. �.�►ron �o�e ��. � �� zo� s.� 7188 QkytJapAarwa 13 Wa� Foreri SYi�+e S�&etlkwl, A(IYSSI01 ?d6�Sd9 ��.' �� 7�{ Wes-h Sa PROPERTY � 2m�nq Ftk Nams �'` �OCATION . ,,---- - —.. R .F- � 1YPE 8F APPEAL: Application is Mnby modt tar an appta! to th�: — ❑ Board of Zor� APPeals � GtY Coundl undYr thi Provl�i0t10 Ot Ctt�llt0� 84, Section � 4 , Psrag�aph , z the Zon� Code t0 Gly�J �-�A-u ( StMu ZipS "'�v Dpytpsie �,r. ��m�: �4� -a �� appssi a d�ition made by the Q� � Q� r� ��; � �, .� ��: ,a ,,9�4 �� ,,, GRWHDS FOR APPEAL• Explain why you feei tt►ere has baen an srror in any requirement, psrm�, decision or rofusal made by m edministrativs o�cial, or an error in tact, procedure or tlndkp ma�4s by ths BosrO ot Zaniny APDtais ot the Ptanning Commiasion. o�z � C1-t;��-��/ am.a, aao titlond snar r • RppGanCi c..� nak �—�1�-9 (o c�Y +�8�^� �' IG � � u CITY / COMMLJI3IT'Y PLANNING: The District 9 Comprehensive Plan: Tlus document (adopted 3/30/80) is a chapter of the City of St. Paul's Compreheasive Plan. There are maay comments in the plan related to the development of both the commerciat and residentiat properties that could be brought into play in ttus discussion. The most significant and specific comment in the plan, as it relates to this site is ttie lower West Seventh map, tocated on page 12 of the plaa. (See Comoreheasive P2an, Page 12. Eahibit Il. This cleazly indicates housing on the south side of Grand Avenue as the preferred Iand use. As the plan has not been amended, the proposed development cleaziy does not meet the City's Comprehensive Plan. The District 9 Vacant Land Use Plan / Aousing Development Plan: This document (adopted 1/29l82) references this properry as redevelopment site #42. The plan notes the current � zoning (B-3), the square footage and the current use (vacant). The plan gives this site a high priority ranking, recommends a residential and commercial mixed use development, and comments that "Development should be of compatible design and act as a buffer between the residential neighborhood and commercial properties to the east". (See Exhibit_Ll. The proposed development dces not meet the stated goal of mixed use for this site. The Boazd will have to determine if it meets the goals of compatible design and as a buffer. � � • • C� West Seventh residential areas are divided from each other by many barriers. While there are problems maintaining areas large enough to support services, the divisions create unique, easily identifiable neighborfioods. The names and boun- daries on Figure F are su9gested for West Seventh neighborhoods. Recommendations 1.That each pocket neighborhood select a permanent name as part of a neighboThood promotion program in West Seventh. 3-13- 80 .�= �� ,;_ ��- 9c.-a� a- 2.That the West Seventh Federation promote pocket neighborhoods identification and improvement as part o£ the housing improvements in West Seventh. CHESTNUT-EAGLE STREET AREA 7his area should be redeveloped as an area of housing, conanercial and river recreattion oriented uses. It should be the major connection between West Seventh neighborhoods and downtown. - The area should be developed around a strong pedestrian circulation center. 11 Figure F West Seventh Neighborhoods + Recommendations 1.The major vehicle connection between Shepard Road and Seven Corners should be along Eag1e Street close to the Civic Center. 2.Chestnut should become a pedestrian oriented axis between West Seventh and the river. PLANNING COMMISSION COMMENT ON CHESTNUT STREET The Street and Highwdy Pian.does not agree with the arterial change to Eagle Street. It recomnends that tfie main arterial connection from Shepard to West Seventh be on Chestnut Street. Consequently, the Planning Cortmission does not certify the proposal to use Eagle Street as the arterial connection to the downtown from Shepard Road. 3.xnother access between Irvine Park and downtown shouSd be created through Exchange or Ryan Streets. 4.A tie to the Nistoric Hill district should be maintained both visuaZSy and physicallg £or pedes- trians. 5.A park and boat landing should be created at Shepard and Chestnut. PLANNING COMMISSION COMMENT ON BOA7 LANDING AT CHESTNUT The River Corridor Plan dces not call for a boat landing on Shepard at Chest- nut, but it does call fior enough right- of-way to build a bicycle and pedestrian link along the River, with access to downtown and Irvine Park. The Ptanning Commission daes not certify the dis- trict's recomnendation for a boat landing at this location. 6.The committee recommends that West Seventh approve the River Corridor SEUdy's draft proposaZs to move Shepard Road away from the river bank so that a park space can be created at the rtver. The Road shou2d be reZocated at the bottom of the cliff. ].That the West Seventh community work with the River Corridor Task £orce, City Planning and Public Works to implement these changes. UNITED HOSPITALS/SEVEN CORNERS AREA This area is the subject of the more detailed "United Hospitals/Seven Corners Development P7an", which is divided into land use emphasis areas (see Figure G) Recommendations . 1.Medica2 Campuse Deve2op with hospitaZs and reZaCed uses, senior's hoasing, rr,�dium to high density hovsing, parking, and medicaZly reSated co++¢nercial aad hotel services, in the area between Kellogg and the Xospitais a2ong Smith. Z.West Seventh Co�erciaZ Area: CommerciaZ acti- vity should be on grovnd Zeve1; Iimit other ¢ses to upper Ploors. Retain 1890s commerciaZ fronts direct2y on the street, with parking to the rear or side_ 3.Cathedral Xill Area: Bui2d mi.xed uses (housing, offices, coam�erce, parking ramps) at high density, with skyways from the hospitals. 4.Soath of West 5eventh Area: Develop as a mi-xed use and residential complex oriented to the river, discourage indastry, and allow pedestrian access to the river and the Downtown People Mover station. 5.Rezone the area between Sherman, west Seventh, Grand and Pleasant to B-5 to a11ow residential use as well as commercial. 6.New housing shovld serve downtown and hospital workers, seniors, singles and couples, and should be integrated with job Iocations, pedestrian access, and the river. � 7.Improve trafPic access from West Seventh to downtown, straigfiten out Ioca1 access and Iirait -truck routes. 3-73-80 12 Flgure G f/ntted Nosp7tals/Seven Corners Area �a•d �elol `S i� - � Y � "- � � � {_ � � D =�' _ .i I :!f ti r � ^Y/� N.� � A � � V a osa+� o � ... p,... � M� N N v G � • . �� ' „ a��raus i' �a C/r��rw . s N� v�'6 y f f� +O } S �D L . .• Y : �..�_-�.. _ . . . 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U � L L � 6 � L�� 0'd a H � c � Ae-- � � e E� � r � �. 4 a Mu '? r MM�MP1.�4y w�. :•ro N � n A C��i w Y. � N � C q •^ V � � �O ��? e N tT i� '� 3.� � °` o N • �'�`y �CC r •-.� .. ..� .�. .�. � i� � NO I1d213Q3� � I.. 40:95 966I-99-H3� � � pla �i�x�wig co n resolution f�e nur�er g6—Ol �te Januazy 12, 1996 WHEREAS, NATH COMPAI3IES (BURGER KING), file #95-269, has applied for a Special Condition Use Pernut under the provisions of Sections b0.544(4) and 64300(d) of the Saint Paul I.egislative Code, to allow a fast-food restaurant with a drive-thru window on property located at GRAI�ID AVENUE and INTERSTATE 35E, legally described as the north half of L,ot 12 and all of Lots 13 and 14, Block 3, Samuel Leech's Addition to Saint Paul; and Ali of Traet A described below: that part of Lots 1, 2, 3 and 4 Whitacre, Brisbine and Mullen's Subdivision of Lou 1 and 2 of Leech's Addition of Outlots to the Town (now City) of Saint Paul, according to the plat thereof on file and of record in the office of the County Recorder in and for Ramsey County, Minnesota, described as foll�ws: Beginning at the southwest comer of said Lot 4; thence run northeasterly to a point on the east line of said Lot 4, distant 40 feet north of the southeast corner thereof; thence run northeasterly to a point on the west line of said L,ot 2, distant 76.77 feet north of the southwest comer thereof; thence run northeasterly on an azimuth of 52 degrees 54 minutes 03 seconds (azimuth oriented to Minnesota State Plane Coordinate System), 28.08 feet; thence deflect to the left on a tangential curve having a radius of 50 feet and a delta angle of 34 degrees, 37 minutes A2 seconds for 30.22 feet; thence on an azimuth of 89 degrees 11 minutes 48 seconds for 58.42 feet to the east line of said Lot i; thence on an azimuth of 179 degrees 57 minutes 02 seconds along the east line of said • Lot i for 118.00 feet to the southeast comer of said Lot 1; thence to the point of beginning; and That part of Douglas Street to be vacated lying adjacent to the above described property; and WHEREAS, the Zoning Committee of the Planning Commission held a public hearing on January 4, 1996, at which ali persons present were given an opportunity to be heard pursuant to said application in accordance with the requirements of Section 64.300 of the Saint Paul Legisiative Code; and WHEREAS, the Saint Paul Planning Commission, based on the evidence presented to its Zoning Committee at the public hearing, as substantially reflected in the minutes, made the foilowing findings of fact: 1. The Nath Companies (Burger King) owns a portion of the site and has a contract to purchase the remainder, contingent on development approvals. The two garages on the site cunendy will be demolished to make way for the development. At the same time, the applicant is working with the owner of the duplex on the site to relocate the structure elsewhere in the city. The 2,500 square foot restaurant is to have 85 seats and will include neon and CD-ROM games in the dining room. The hours of ogeration will be from 6:Q0 a.m. 11:00 p.m., with some extension of hours on the weekends. There wili be I1 full tune managers and shifr supervisors and a crew of 35-45 part-time employees. moved by Morton seconded b�y � in favor 15 a��t 1 IRrhwichtenberg) 3 Zoning Fite 1195-269 Page Two of Resolntion Access to the site will be from Gtand Avenue onty: a two-way driveway and an exit-only driveway for the drive-thru lane aze proposed. The applicant p[ans to petition ttie ciry to vacate aboui 30 feet of Douglas Sueet to make the development possible. The applicant adds that the site will be landscaped and will feature brick piers along Gran@ Avenue and azound the outdoor patio in the front of the buiIding. Many of the existing uees wili be preserved. The applicant has met on several occasions with area residents to hear their concerns and suggestions for the development. In fact, the proposed pylon sign, to be located at Grand and Interstate 35E, has been designed from ideas generated by a member of the Fort Road Federation. The sign logo wIll be set between two brick piers and topped by a small gabled roof to sunulate the restaurant entrance. 2. Section 60.544(4) of the zoning code pemvts fast food restaurants subjectto special conditions. The required conditions and tiie appticanYs ability to meet those con@itions is as follows: a. Poznts of vehicular ingress and egress shall not be onto a street which is used primarily for access to abut[ing residential properry. All vehiculaz access to the site will be from Grand Avenue where there will be one entrance/exit driveway and one exit driveway. Grand Avenue is not used primazily for access to abutting residentiai property. C� b. Points of vehicular ingress and egress shall be located at least sixty (60) feet from any • abutting residentially zoned properly. The nearest residentially zoned property is about 130 feet from the entry drive and exit. c. When the site abuts an alley which also serves residentially zoned land, no access from the site to the alley shall be perntitted. There is no vehiculaz access to the ailey from the property. d. Site shall have a mirsimum of one hundred (I00) feet of street,frontage on its prirscipal access street. The site has more than 280 feet of frontage on Grand Avenue, the principal access street. e. Trash receptacles shaU be housed in a three-side masoary ersclosure, six (6) feet high or equal in height to the dumpster, whichever is greater, and have a�e entrance gate constructed of durable, opa4ue material. The trash receptacle proposed is six feet high and construeted of brick matching the building exterior. The gates consist of solid wood siding attached to steel frames. f. A litter colleclion plan shall be developed and submitted to the planning commission, which obligates rhe restaurant operator to keep the area surrounding said restaurant free of � L' qi.a�� • Zoning File 1t95-269 Page Three of Resolution restaurant litter for a reasonable specifted distance. A litter colleetion plan was submitted along with the application. Upon approval of the permit the applicant will coilect litter resulting from the Burger King ogeration according to the following scheduie: Immed'iate grounds 4-6 times per day Property adjacent to the site 2-3 times per day Property within two blocks of the site 3 times per week g. Speaker box sounds from drive-through lanes shall not be pkdnly audible so as to unreasonably disturb the peace, ¢uiet and comfort of abulling residenlial properly. The applicant states that the speaker equipment wili be more than 0.0 feet from the neazest residence. and that a six-foot wood privacy fence and landscaping wiil help to decrease the noise levels. The applicant adds that the sound levels can be controlled and modified in three ways: i) at the speaker itself; 2) hard wired controls within the building; and 3) using baffles to mute the sound. h. A landscaped area not less than fifteen (IS) percent of the impervious surface area of the lot shaIl be provided and muintained. � The development will provide a landscape atea of 19,296 square feet. i. Impact on adjoining property by use of the site may not resuZt in the foltowing: I. Loud, boisterous and distrtrbing noise levels. The applicant states no significant noise impacts can reasonably be expected from increased traffic at the site, this is based on an analysis conducted by a consultant hired by the appiicant. The applicant adds that the restaurant management will not to]erate loud, boisterous, or disturbing activities anywhere on the prem9ses and that at 3east one full-time manager will be at the restaurant during all hours of operation. 2. Hazardous traffic conditions. The applicant states thatthe site access has been designed to minimize any congestion during operating houzs. The twaway driveway has been located over 200 feet from the I-35E off- raznp. This provides adequate sight distance for eastbound vehicies approaching the driveway, The drive-thru provides stacking for 12 vehicles. The applicant states that the restaurant itself will not generate a signiFicant increase in traffic. Rather, customers will be "intercepted" from the existing tr�c. In addition, many of the customers will be pedestrians. 3. Offensive, obnoxious and disturbing odors. � � Zoning File #95-269 Page Four of Resolution The applicant states that gazbage wil] be double bagged in the restaurant and cazried to the compactor where it will be deposited in an air tight coniainer, Garbage will be collected regularly. The applicant adds that because Burger King "broils" its meat (as opposed to frying or grilling), grease particles which cause air-bome particulate (or odor-producing) matter aze collected in the bzoiler itself. E�aust hoods fiiter any residual smoke and the resultant discharge occurs through high velociry centrifugalfans. 4, Excessive titter. The appiicant has addressed this condition in item A`2f. 5. Excessive attiftcial &ghling. The applicant pians to light the pazking lot with five pole lights 22 feet in height. The lights will be positioned along property lines and the light is d'uected towards the interior of the lot to minimize any glare towards abutting property. 6. Substantial decrease in adjoining property values. • The appiicant states that caze has been taken to develop the site with quality construction materials and an eye towazd incorporating the chazacter of the local azchitecture. The applicant believes that removal of vacant structures and improvement of the site including � extensive landscaping wilt stabilize, if not utcrease, the adjacent property values. Section 64300(d) of the zoning code requires that before the planning commission may grant approval of a principal use subject to special conditions, the commission shall find that: a. The extent, location and intensity of the use will be in substantial compliance with the Saint Paul Cornprehensive Plan and any applicable subarea plans whirh were approved by the city council. On balance, the proposed use is in substantial compliance with the comprehensive plan. Policies of the Economic Development Strategy include: 1) "the City's land use plan should provide adequate land for industrial and commercial development and expansion in order to increase the proportion of couunerciallindustrial tax base", N25, p.17; 2) "the City and Port Authoriry's neighbothood effozts should focus on reducing vacancies in existing commercial and industrial buildings when economically feasible; and should pursue redevelopment and new development when doing so better serves the objectives of jobs, tax base, and/or neighborhood compatibIlity", #40a, p.19. One of the recommendations of the District 9 Plan states, "gear new constrnction to increasing housing, public, or commercial services, or employment opportunities for West Seventh residents, but do so wiihont disrupting existing residentia] development, f�l, p.l. One of the goais of the plan states, "maintain existing residential communities," p.5. Finally, the land use portion of the District 9 PIan recommends residentiai use (with some commercial interspersed) for the project site, p.6. The development site was zoned B-3 at • the time the district plan was created; the plan did not recouunend rezoning the property � � � _ a� a-- • Zoning File #95-269 Page Five of Resolution from commercial to allow residentia] uses exclusively. b. The use wrll provide adequate ingress and egress to minimize traffic congestion in the public streets. The Deparnnent of Public Works traffic engineer reviewed the proposed site plan for the developmenz and found it to be acceptable, though he did comment that lefr turns from the site couid be a challenge at times. c. The use wi[I not be detrimental to the existing character of the development in the irnmediate neighborhood or endasger the publit health, safety and general we{f'are. The use is allowed in this zoning district with a speciai condition use permit. This is a busy commercial strip and the proposed development is in keeping with ihe existing mix of commercial uses along this stretch of Grand Avenue. d. The use will not impede the norn:al and orderly development and improvement of the surrounding properry for uses permitted in the district, The proposed use is consistent and compatib]e with the way the area has developed and will not impede the normal and orderly development and improvement of the surrounding � property. e. The use sha11, in all other respects, conform to the applicable regulations of the district in which it is located. The proposed use does conform to the applicable regulations of the B-3 zoning district. NOW, THEREFORE, BE IT RESOLVED, by the Saint Paui Planning Commission, that under the authority of the City's Legislative Code, the application for a Special Condition Use Pemvt to allow a fast-food restaurant wiffi a drive-thru window at GRAND AVENUE and INTERSTATE 35E is hereby approved. � 7 PLANNING COMMISSION OF SATNT PAUL City Hati Conference Center • 15 West Kellogg Boutevard Saint Paul, Minnesota 55102 A meeting of the Ptanning Commission of the City of Saint Paul was held Friday, Janaary 22, 199b, at 8:30 a.m. in the Conference Center of City Hal(. Commissioners Mmes. Bader, Csrter, Faricy, Geisser, Lund-Johnson, Maddox, Morton, Present: Treichel and Wencl and Messrs. Chavez, Fieid Jr., Gordon, Gumey, Kramer, Lee, Mazdell, McDonell, Riehle, Schwichtenberg and Vaught. Commissioners Abseat: Mmes. *Faricy attd *Lund-Johnson and Messn. Gumey and �Lee 'Excused Also Present: Peter Wamer, Assistant City Attomey; Ken Ford, Ptanning Administrator, Jean Birkholz, Kady Dadlez, Roger Ryan and Larry Soderholm �f the Planning Staff. . . I. II. �. �! ppproval of Minutes of December 15, 1995 The minutes of December 15, 1995 were unanimously approved on a voice vote. Chair's Announcements Planning Adminisfrator's Announcements - The Dayton's Bluff Center for Civic Life have filed an appeal of the commission's recent approvai of a special condition use permit for a used car sales lot ott Arcade. Zoning #95 269 Bur¢er Kins (Nath Companies) - Special condition use permit to allow a fast-food restaurant with a drive-tip window (southeast comer of Grand & I-3SE; 2oned i:Ecil Commissioner Schwichtenberg spoke in opposition. He supported tfie district council's position that this use wiU be detrimental to the existing character of the development in the immediate neighborhood and that the use was not in compliartce with the District 9 Plan, part of the Saint Paul Comprehensive Plan. He also commented on the suburban design of the development and questioned its appropriateness in the city. Commissioner Gordon asked Yhe basis for the district council's opposition. Commissioner Vaughi rep(ied thai it �vas a philosophical difference, that while there are issues with the design, these have been addressed probabty as wel! u they can be and ihey aze just opposed to this use. Ms. Dadlez distributed the Disuict 9]etter that explained their position ia detail. � � � Commissioner Kramer stated that white he doesn't like the proposed layout of fhe, development, he supports the proposed use. -` '=�` a�-a�a- L � � LJ MTN[TPES OF TH£ ZON2NG COMMZTTEE CITY COUNCIL CHAMBERS, SAINT PAUI,, MINNESOTA ON JAN[TARY 4, 1996 PRESII�T': Mmes. Faricy, Morton and Wencl; Messrs. Chavez, Field, Gurney, Kramer and Vaught of the Zoning Committee; Mr. Warner, Assistant City Attorney; Mmes, Aadlez and Sanders and Mr. Ryan of the Planning Division, and Wendy Lane, LIEP. ABSENT Time: 6:05-7:10 p.m. The meeting was chaired by Gladys Morton, Chairperson. a drive-up a Kady Dadlez, Planning Division staff, reviewed the staff report and presented slides. The West 7th/Fort xoad Federation voted to oppose the special condition use permit to allow the restaurant. Two letters were distributed. One letter was in opposition, and one letter expressed concexns. Staff recommended approval of the special condition use permit based on findings 1, 2, and 3 of the staff regort. Jim Dahlberg, Quanbeek, Dahlberg Associates, the architects for Nath Development Company, briefly reviewed the history of the project and the public process to date. Mr. Dahlberg said that they have developed a design which they feel is sensitive to the neighborhood and compatible with the urban character of the area, and proceeded to review the site plan using boards fos display purposes. Mr. Dahlberg said that the busy aspects of the project have been oriented to the commercial neighbors, keeping it as Eax away as possible £rom the residential areas. In turn, they have taken the more passive parking areas and the landscaping areas and oriented them towards the residential area, including heavy landscaping and bezming. He noted that thzough the process a neighborhood parking shortage was identified, and as part of this project Nath Development proposes to provide same needed parking spaces for the residents immediately adjacent to the property. There was discussion regarding the location of the drive-thru and the speaker system. Mr. Dahlberg pointed out that the drive-thru has been oriented as far as possible towards the commercial areas to minimize the impact on the residential area. In addition to the heavy landscaping and berming, a six foot hiqh wooden fence is proposed to provide a visual screening and an acoustical buffer between the restaurant and the residential neighborhood. Commissioner Rramer asked why the menu board wasn't located on the Grand Avenue side, with the traf£ic pattern remaining as it is proposed. Mr. Dahlberg responded that that appzoach was looked at, but pushed everything £urther into the site and reduced the buffer which they wish to maintain between the commercially zoned and residentially zoned areas. Commissioner Kramer gave an example of another restaurant which he said directed its speaker box out onto the main artery, as opposed to out on the residential street. � 1 Mr. Dahlberg zeiterated that there is a Iot of inter£erence between the . speaker box and the residential neighborhood, that the volume is easily controllable, and that they believe it will not be a problem. Commissioner Vaught pointed out that the MeDOnald's located in the Midway Shopping Center has a system which uses a menu board and two windows, one for ordering and one for pick-up which does not reguire a speaker box and asked whether this system was considered by Nath. Mr. Dahlberg responded that it is not a typical method. Mr. Dahlberg described some of the design elements used to enhance the urban character of the site including: an orientation of the building designed as close to Grand Avenue as possible to provide an urban streetscape; a larger outdoor sidewalk eating area; and a landscaped hedge with intermitteat brick piers giving the project some stability along Grand Avenue. He noted that the architecture of the building has been tied into the urban character and feel of the neighborhood in the selectioa of the exterior materials chosen for the project. Chuck Aaviger, HICS Services, also a consultant for Nath Development, responded to an inquiry regarding the lighting proposed for the project. Mr. Haviger said that the Iighting would be downcast light in a flush lamp which directs the light straight down to the surface of the parking area, just illuminating that, and will not present any glare standing any distance away from it. Mr. Dahlberg presented an illustration of the propose8 lighting to Commissioner Gurney who established that the lights will shine away from the neighbors. Ms. Dadlez briefly reviewed an excerpt from a letter from Tom Beach £ollowing � his site plan review, which supported this. Dr. Stan Leonard, owner of a nearby pediatric clinic, spoke in support. Dr. I,eonard said that he has participated in the process with Nath Development for trie past 1 1/2 years and felt that they have been very responsive to the neighborhood's concerns. Ae was pleased that the Burger King restaurant will provide needed jobs in the community, and said that the area has no food of this type within a short distance and that it will serve a wide range o£ people including those connected with the hospitals, the medical community, and the civic center patrons. He spoke of the "woaderful eating area outside." Dz. Leonard said it also provides for a tax base, and said that the land has been a blight on the community for about 12 or 13 years and that Nath Development should be allowed to proceed with their proposal. Diane Clark, 291 W. 7th Street, spoke in support. Ms. Clark manages a large apartment complex located on West 7th Street directly across the street from the Dairy Queen and said that they do aot hear that speaker system although she can see it from her window, and that she is not bothered by it. She addressed the issue of trash, and again referenced the Dairy Queen as an example, saying that the residents work with the business, and call them and that the business takes care of the trash. Ms. Clark has lived in the neighborhood for 13 years and said that many of the residents in the area are often looking for an alternative place to eat and since parking is a prob2em in the area, prefer going somewhere nearby for a meal where they caa walk to and that Burger King offers them another choice, Ms. Clark also said that the jobs that the restaurant will provide will also be an asset to the community, and noted that jobs such as these are often the first jobs that ieenagers have, which teach them job responsibility and work ethics, which are important stepping etones in a persons future. Lance Boelter, owner o£ the groperty at 14 Douglas, spoke in support. Mr. � Boelter felt the neighborhood concern regarding additional litter to the property was unfounded, given the site's present condition, and what he believes to be the obvious interest which Burger King will have in maintaining cleanliness of their property. Ae said that there has been opposition to 2 (4 q,�_a� �- • Burger King's signage and said that it will be considerably smaller than the Naegle sign which is currently located there. He said that employment and an increase to the ta�c base are positive aspects of the project. Mr. Boelter spoke of his dismay with the process which has taken place on this issue with the West �th/Fort Road Federation, of which he is a member. He said that he believes the 4 to 2 vote of the board was not representative of the majority of the community, which he believes are in favor of the development. Laurel Severson, 376 St. Clair Avenue, President o£ the West 7th/Fort Road Federation, spoke in opposition and noted the letter from the Federation to that effect. Ms. Severson briefly reviewed the process of the Federation regarding this matter and stated that she sees the proposal as pretty much that of the original plan with a few finishing touches added. Ms, Severson said that the proposal does not address the major community concerns that have been brought before the board and that it does not meet their criteria for best use, with respect to size and mass. Ms. Severson compared the Nath proposal to Dr. Leonard's pediatric clinic currently under construction, with that building being built smack up against the sidewalk, it being big and two stories; bulky and brick. In contrast, she said what Nath has presented is not 2-stories, not big, nor bulky, and said it basically says suburban. Ms. Severson said that Buzger King would be welcome if it respected both the design, and the specific community issues, however, the Federation opposes the proposal, on what they believe to be a vital site within the Upper TownfWest Seventh/Ford Road neighborhood. commissioner Vaught said that the Zoning Code does not allow the committee to judge a competing development proposal, or the nature of a development which is theoretical, which is not before the committee and asked if there is • another proposal. Ms. Severson said that there is none. She said that their discussions with Nath were whether significant architectural considerations could be made to meet more of the stipulations relative to its appearance as more of an urban building, with results she said were more of the cosmetic version, with such features as brick surfacing and use o£ pillars. Commissioner vaught pointed out that there are a number of enumerated Cests under the zoning code that the committee has to look at with respect to whether or not it appears tp be appropriate to approve a special condition use permit for a use that is allowed in a B-3 zone, subject to special conditions, but that one of those is not whether another use might better suit somebody else's theoretic notion of what the land ought to be used for. Commissioner Kramer noted that concems regarding the aesthetic appearance of the building, and about the speaker box, can be addressed in the site plan review process, and that provision can be appealed if their is a dispute. Ms. Dadlez confirmed that approval of the site plan is subject to appeal to the Planning Commission. Chair Morton noted that one of the significant changes from the previous application is that the application was previously for a rezoning. Jean Schroepfez, owner of 29 Douglas Street, across the street from the proposed site, spoke and said she also submitted a letter in opposition. Ms. Schroepfer claimed that six-foot landscaping is not tall enough to buffer noise from e-10 foot first floor windows of her home. Ms. Schroepfer asked that the permit not be approved until Nath proposes foliage that does buffer • the noise of the traffic running only 20 £eet away from her house. Chair Morton noted that Ms. Schroepfer's concern would be part o£ the site plan review. 3 � �� Ms. Dadlez reported that Tom Seach has reviewed the site plan, and has issued � a letter approving it, provided that all ot the conditions are met, that Nath submits copies of the revised plans, and that the SCUP is approved by the committee. The letter is dated January 2, aztd an appeal of Mr. Beach's decision can be made within 15 days of that date. Ms. Dadlez briefly reviewed the appeal process. Mr. Dahlberg briefly reviewed that a lot of neighborhood support has been shown for their project and that 90 signatures weze received oa a petition of support. Ae said that Nath is confident that what they have designed does fit and is appropriate and said that the pylon sign is tied into the neighborhood. Mr. Dahlberg claimed that it appears that some will oppose the project despite their efforts as he believes their objections to be the use. Co�issioaer Guraey recoameaded approval of the special condiiion usa pexmit. Commisaioner Vaught seconded the motion. The motion carriad with a voice vote of 6 to 0. Commissioners Wencl and Field were not present for the vote. Submitte�i, by: 1 \� W�ll�7j Ka3y Dadlez Approv d�� v G1 ys Morton Chairperson . � 1 _ �� l� ��.,�.�Z. � ZONING COlIISITT88 STAFF RBPORT aea0000=n--oeeocavomoceve'-ea FZLS # 95-269 1. APPLICANT: NATH COMPANIES DATS OF 88ARING: O1/04/96 2. CLASSIRSCATION: Special Condition Use 3. LOCATION: GRAND AVENUE & DOUGLAS STREET (near Interstate 35E) 4. PLANNING DISTRICT: 9 5. LSGAL D83CRIPTSON: see file 6. PR8S8NT ZONING: B-3 ZONING CODB RBFBRSNCB: 60.544l4) & 64.300(d) 7. STAFF INVBSTI6ATION AND RBPORT: DATB: 12/22j95 SY: Rady Dadlez 8. DATB RSCSIVBD: 12/4(95 D8NJLItIS FOR ACTION: 2f1/96 �_�_�________°_°___= _�_�_�_ =____=_ � _ � _ � _ � ______ � _____________________ ____ s = s A F S A. PIIRPOSS: Special condition use permit to allow a fast-food restaurant with a drive-thru window. B. PARCBL SIZB: This irregularly shaped corner parcel has about 290 feet o£ frontage on Grand Avenue and is about 130 feet in depth for a total lot area of apgroximately 42,506 square feet. � C. BXISTING LAND IISS: The majority of the property is vacant. There is a one-stozy block building and an advertising eign on the eastern portion of the site and a two-story home and detached garage at the southeastern portion of the site. D. SIIAROUNDZNG LAND IISE: North: Commercial uses and United & Childzen's Aospital in a B-3 zone. East: Mobile service station in a B-3 2oning district. South: One and two-family homes in an RT-2 zoning district. West: Interstate 35E in a B-3 zoning district. E. ZON2NG CODS CITATION: Sections 60.544(4) and 64.300(d) of the zoning code permit fast-food restaurants subject to the conditions detailed in findings #2 and #t3 of this report. F. %ISTORY/DISCIISSTON: There is one previous zoning case concerning this site. The case is from 1994 and involves a request to rezone property from RT-2 to B-3 to allow additional lot area for development of a Burger King restaurant. The Planning Commission recommended approval of the rezoning. The rezoning was denied by the City Council. In the current application Burger King has developed new plans for the site using the land already zoned 8-3 so no rezoning is needed, just a special condition use permit. G. DISTR2CT COUNCiL RBCO�ffi�DATiO1Q: The West 7thjFort Road Federation voted to oppose the special condition use permit to allow the restaurant. H. FI2IDINGS• • 1. The Nath Companies (Burger King) owns a portion of the site and has a contract to purchase trie remainder, contingent on development approvals. The two garages on the site currently will be demolished � 33 Zoning File #95-269 Page Two to make way for the development. At the same time, the applicant is working with the owner of the duplex on the site to relocate the structure elsewhere i.n the city. The Z,500 square foot restauran[ is to have 85 seats and wil2 include neon and CD-ROM games in the diniag room. The hours of operation wi12 be from 6:00 a.m. 11:00 p.m., with some extension of hours on the weekends. There will be 11 £ull time managers and shift supervisors and a crew oP 35-45 part-time employees. Access to the site will be from Grand Avenue only: a two-way driveway and an exit-only driveway for the drive-thru laae are proposed. The applicant plans to petition the city to vacate about 30 feet of Douglas Street to make the development possible. The applicaat adds that the site will be landscaped and will feature brick piers along Grand Avenue and around the outdoor patio in the front of the building. Many of the existing trees will be preserved. The applicant has met on several occasions with area residents to hear their concerns and suggestions for the development. In fact, the proposed pylon sign, to be located at Grand and Interstate 35E, has been designed from ideas generated by a member of the Fort Road Federation. The sign logo will be set between two brick piers and topped by a small gabled roof to simulate the restaurant entrance. � 2. Section 60.54a(4) of the zoning code permits fast food restaurants subject to special conditions, The required conditions and the applicant�s ability to meet those conditions is as follows: a. Poiats of vekicular ia9ress aad ¢gresa eha11 aot Ix oato a atreet � nhfch is uaed pria+arily for access to abuttiag reaideatial property. All vehicular access to the site will be from Grand Avenue where there will be one entrance/exit driveway and one exit driveway. Grand Avenue is not used primarily for access to abutting residential property. b. Poiats of vehicular iagress aad egresa afiali be Iocated at Ieast aixty (60) feet from aay abuttiag reaideatislly zoned property. The nearest residentially zoned property is about 130 feet from the entry drive and exit. c. A*hen the site abuts aa a12ey mhich also aervea resiHeatislSy zoaed laad, ao accesa Prom the aite to the alley shall be permitted. There is ao vehicular access to the alley from the property. d. Site shall have a miaimum of one hundred (100) feet of atreet froatage on its priacipal access street. The site has more than 280 feet af frontage on Graad Avenue, the principal access street. e. Trasb receptaclea sha11 be hoaaed 3a a three-a3de masonry enclosure, aix (6) feet b3gh or equal in height to the dumpater, evhichever is greater, sad have an eatraace gate coastructed of dursble, opaque material. The trash receptacle proposed is six feet high and constructed of � brick matching the building exterior. The gates consist of solid i4 � � � � Zoning File #95-269 Page Three wood siding attached to steel frames. f. A iitter colZectioa p2aa sha11 be deve2oped aad submitted to the plaaaiag commiseioa, rhicb ablfgatea the reataurant operator to keep tbe area aurrouading said reataursnt free of restauraat Zitter for a reasonable apecified dtataace. A litter collection plan was submitted along with the application. LTpon approval of the permit the applicant will collect litter resulting from the Burger Ring operation according to the following schedule: Immediate grounds 4-6 times per day Property adjacent to the site 2-3 times per day Property within two blocks of the site 3 times per week g. Speaker box souads fram drive-tkrough Ianes shaZl aot be plainly audible so as to unreasonab2y dieturb the peace, quiet aad comfort of abutting residential property. � The applicant states that the speaker equipment will be 40 feet from the nearest residence, and that a six-foot privacy fence and landscaping will help to decrease the levels. The applicant adds that the sound levels can be controlled and modified in three ways: 1) at the speaker 2) hard wired controls within the building; and 3) using to mute the sound. more than wood noise itself; baffles h. A Zaadacaped area not Zesa than fifteen (15) percent of the impervious surface area of the Iot shall be provided and malataitted. The development will provide a landscape area (19,290 square feet) that exceeds 83 percent of the impervious surface area (23,110 square feet). i. Impact on adjoining property by uae of the site may not result in the following: I. Loud, boiaterous and disturbing aoise Ievels. The applicant states no significant noise impacts can reasonably be expected from increased traffic at the site, this is based on an analysis conducted by a consultant hired by the app2icant. The applicant adds that the restaurant management wi11 not tolerate Ioud, boisterous, or disturbing activities anywhere on the premises and that at least one full-time manager wiZl be at the restaurant during a21 hours of aperation. 2. Bazardoua traPfic coaditioas. � The applicant states that the site access has been designed to minimize any congestion during operating hours. The turo-way dr.iveway has beea located over 200 feet from the I-35E off- ramp. This provides adequate sight distance for eastbound vehicles approaching the driveway. The drive-thru provides stacking for 12 vehicles. The applicant states that the restaurant itself will not generate a significant increase in traffic. Rather, customers wi1S be "intercepted" from the existing traffic. In addition, many of tbe customers wi1Z be �S ,3 S Zoning Fi2e #95-269 Page Four pedestrians. 3. Offeasive, obaoxioue aad dieturbiag odore. The applicant states that garbage will be dauble bagged in the restaurant and carried to the compactor where it wi12 be deposited in an air tight coatainer. Garbage will he co2lected regularly. The applicant adds that because Burger Ring "broils" its meat (as ogposed to frying or grilling), grease particles which cause air-borne particulate (or odor-producing) matter are collected in the broiler itself. Exhaust hoods filter any residua7, smoke and the resultant discharge occurs through high velocity centrifugal fans. 4. Sxceseive litter. The applicant has addressed this condition in item #2f. 5. Sxeessive artificial lightiag. The applicant plans to light the parkiag lot with five pole lights 22 feet in height. The lights will be positioned along property lines and the light is directed towards the interior of the lot to minimize any glare towards abutting property. 6. Substaatial decrease ia adjoiaing property valuea. � The applicant states that care has been taken to develop the � site with quality construction materials and an eye toward incorporating the character of the local architecture. The applicant believes that removal of vacant structures and improvement of the site includ3ng extensive landscaping will stabilize, if not increase, the adjacent property values. 3. Section 64.300(d) of the zoning code requires that before the planning commission may grant approval of a principal use subject to special conditions, the commission shall find that: a. The exteat, Iocat3oa aad iateasity of the use wj12 be ia substaatial eomp2taace ritlz the Saiat Pau1 Comprehensive Plaa and aay appIicable sabarea plaas ahich were :pproved by the city council. On balance, the proposed use is in substantial compliance with the comprehensive p2an. Policies of the Economic Development Strategy include: 1) "the City's land use plan should provide adequate land for industrial and commercial development and expansion in order to increase the proportion of commercial/industrial tax base", #25, p.17; 2) "the City and Port Authority's neighborhood efforts should focus on reducing vacancies in existing commercial and industrial buildings when economically feasible; and should pursue redevelopment and new development when doing so better serves the objectives of jobs, tax base, and/or aeighborfiood compatibility", #40a, p.19. One of the recoimnendations of the District 9 Plan states, "gear new construction to increasing housing, public, or commercial services, or employment opportunities for West Seventh residents, but do so without disrupting existing residential development, #1, • p.l. One of the goals of the plan states, "maintain existing residential communities," p.5. Finally, the land use portion of l b 3�; ��.��Y Zoning File #95-269 � Page Five the District 9 Plan recommends residential use (with some commercial interspersed) for the project site, p.6. The development site was zoned B-3 at the time the district plan was created; the plan did not recommend rezoning the property from commercial to allow residential uses exclusively. b. The use will provide adequate ingress aad egress to miaimize traffic coagestioa in the public streets. The Department of Public Works traffic engineer reviewed the proposed site plan for the development and found it to be acceptable, though he did comment that left turns from the site could be a challenge at times. c. The use wiZ1 aot be detrtmental to the exiating charseter of the deveZopment in the immediate neighl�orhood or eadaager the public beaIth, safety aad genezal welfare. The use is allowed in this zoning district with a special condition use permit. This is a busy commercial strip and the proposed development is in keeping with the existing mix of commercial uses along this stretch of Grand Avenue. d. The use will not impede the nozmaS aad orderZy deveZopmeat aad improvement of tke surrouadiag property for usea permitted in the district. � The proposed use is consistent and compatible with the way the area has developed and will not impede the normal and orderly development and improvement of the surrounding property. e. The use sha31, ia a12 otker respects, coaform to the appSicable regsslations of the district ia which it is Iocated. The proposed use does con£orm to the applicable regulations of the B-3 zoning district. 2. STAFF RSCOt�NDATION: Based on findings 1, 2, and 3 staff recommends approval of the special condition use permit. � ' � �� SPECIAL CONDlTlON USE PERMlT APPLICATION Department oJ Planning and �conomic Dwelopment ZnningSection o ��,�v�� I100 Ciry Hall Annex R 25 West Founh Street Saint Pau! hnv ssro2 DEC 0 41995 266-6589 +��' ! A'� �. APPLICANT PROPERTY LOCATION e:" '_ � Dennis Trisler Address 5775 Wayzata Blvd., 5uite #800 City St. l.ouis Park MN Zip SS�t16 Dayfime phone 672/542-3200 . . � _ .. Name of owner ('rf Address/Location Grand Ave. 6 Douglas Street Legal description: See Exhibit "A" Current Zoning B-3 (attach additional sheet if necessary) TYPE OF PERMIT; Application is hereby made under the provisions of Chapter 60 Section 54 � , Paragraph � of the Zoning Code for a: L�4 Special Condition Use Permit O River Corridor Conditionai Use Permit ❑ Modification of River Corridor Standards SUPPORTING INFORMATtON: in the space below suppiy information that is appiicable to your type of permit (attach additional sheets if necessary) • SPECIAL CONDtTIOh! USE: Expfain how the use wilt meet each of the speciai conditions. • RIVER CORRIDOR CONDITIONAL USE: Describe how the use wi(I meet the applicable conditions. • MODIFICAT�ON OF RIVER CORRIDOR STANDARDS: Explain why modifications are needed. Required site plan is AppiicanYs '- "0' �[_: ��/� 3� °i ��,��- • SIIHII�SARY OF PROPOSSD BIIRGER RING DSVELOPMENT The Nath Companies have executed agreements to purchase approximately one acre of real estate from two property owners. All of the affected property is zoned B-3, Neighborhood Business. The property is located along Grand Avenue and is bounded by the I- 35E exit ramp to the west and a Mobi1 Station to the east. The site will have access only from Grand Avenue. A two-way driveway and an exit-only driveway are proposed. Nath will petition the City to vacate approximately 30 feet of Douglas Street. There are three (3) structures on the property at this time. The two garages will be demolished. Nath is working with the owner o£ the duplex and it may be relocated off-site to another parcel in the City. The site will be extensively landscaped including the use of brick piers located along Grand Avenue, as well as surrounding the outdoor patio in front of the building. Many of the existing trees in good condition will be preserved. Five (5) light poles with metal halide luminaries will illuminate the parking 1ot. To accommodate the needs of two adjacent residents, an area has been set aside at the southwest portion of the site for additional parking. The main pylon sign has been designed from ideas generated by a member of the Fort Road Federation. The 1Ox10 Burger King logo will be set between two brick piers and topped by a small gabled roof to simulate the restaurant entrance. The height of sign has � been reduced to 25 feet to accommodate the request of the local residents. � The company proposes to develop the property with an 85-seat Burger King restaurant. The 2,500 square-foot building will include a brick and glass exterior. Extensive neon and CD-ROM games inside the dining room will produce a very pleasing environment for customers and their families. The estimated cost of the development including equipment and furniture is $ 1.1 Million. The entire project has been designed from suggestions during meetings with David Thune, local adjacent residents and members of the Fort Road Federation. Nath believes this project will assure a positive visual impact on the area. The restaurant will be open from 6:30 am to 11:00 pm, with some extension of hours during the weekend. The company will hire eleven full-time managers and shift supervisors. An additional crew of 35-45 part-time employees will be hired. Nath will utilize as much of the local labor force as available. It is estimated that $ 32,OQ0 in new state and local tax revenue will be generated from this development. ZONfNG FIL� �'2�g� t9 �� BXHISIT "A° � The following is a Iegal description for the proposed Burger King project located on Grand Avenue between I-35E and Smith Avenue. THe North Half of Lot 12 and all of Lots 13 and 14, Block 3, Samuel Leech's Addition to St. Paul; and AlI of Tract A described below: That part of Lots 1, 2 3 and 4, Whitacre, Brisbine and Mullen's Subdivision of Lots 1 and 2 of Leech's Addition of Outlots to the Town (now City) of St. Paul, according to the plat thereof on file and of record in the office of the County Recorder in and for Racccsey County, Minnesota, described as follows: Beginning at the southwest corner of said Lot 4; thence run northeasterly to a point on the east line of said Lot 4, distant 40 feet north of the southeast corner thereof; thence run northeasterly to a point on the west Iine of said Lot 2, distant 76.77 feet north of the southwest corner thereof; thence run northeasterly on an azimuth of 52 degrees 54 minutes 03 seconds (azimuth oriented to Minnesota State Plane Coordinate System), 28.08 feet; thence deflect to the left on a tangential curve having a radius of 50 feet and a deita angle of 34 degrees 37 minutes 42 seconds for 30.22 feet; thence on an azimuth of 89 degrees 11 minutes 48 seconds � for 58.42 feet to the east line of said Lot 1; thence on an azimuth of 179 degrees 57 minutes 02 seconds along the east line of said Lot 1 for 118.00 feet to the southeast corner of said Lot 1; thence to the point of beginning; and That part of Douglas Street to be vacated lying adjacent to the above described property. ZOl��t�G Fi�.E `�� r - L� � � � • � � NA7H MINNESOTA FR4NCHISE GROUP, INC. � NATH FLORiDA fRANCH15E GROUP, INC- NA7}i MANAGEMENT, iNG NATH DEVELOPMENT,INC. IVATIi PROPERTY COM?ANY LfMfTED PARTNERSHfP NATH MRNUFACfUR4NG ENTERPRl5E5, INC. 5775 Wayzata Boule�ard, Suire 800, StLwis Park, MN 554 7 6-7 249 PH:612/>42-3200 FAX:672/542-3260 November 30, 1995 Ms. Kady Dadlez Department of Planning CITY OF ST. PAUL 25 West Fourth Street St.Paul, MN 55102 & Economic Development Re: Proposed Burger King Development Grand Av/Douglas Street St. Paul, MN Ms. Dadlez: This letter supports our request for a Special Condition Use Permit. Chapter 60, Section 544, Paragraph 4 of the Zoning Code requires the satisfaction of several criteria. Our response to these criteria is listed below. A. "Pointe of vehicular ingress and egresa shall not be onto a street which ia used primarily for access to abutting residential property." Al1 access to the property occurs via two driveways from Grand Avenue. Grand Avenue is not used primarily for access to abutting residential property. B. "Points o£ vehicular ingress and egrese shall be located at least sixty (60) feet from any abuttiag residentially zoned praperty." The nearest residentially-zoned property is more than 135 feet from either driveway. C. "When the site abuts an alley which also aerves residentially-zoned land, ao access from the site to the alley ahall be permitted." A landscape buffer and concrete curb on this development will prohibit vehicular access to the alley. D. "Site ahall have a minimum of one hundred (100') feet of street frontage oa ite grincipal acceas etreet." The site has more than 280 feet of frontage on Grand Avenue, its principal access street. �� + � z��s ��.� �'2� i 2� y! � page two K. Dadlez Burger King/Grand 11/30/95 Av � Z��E1�E� �� E 3 E. "Trash receptacles shal2 be houaed ia s three-sided masoary enclosure, six (6') feet or equal ia height to the dumpster, whichever is greater, and have aa entraace gate constructed of durable, opaque material.° The trash enclosure proposed is six feet high and constructed of brick matching the building exterior. The two gates consist of solid wood siding attached to steel frames. F. " A litter collectioa plan shall be developed and submitted to the planning commisaioa, which obligates the restaurarit operator to keep the area surrouadiag said restaurant free of restaurant litter for a reasoaable specified distaace." See attached litter coZlection plan. G. "Speaker box sounds from drive-through laaes shall not be plainly audible so as to unreasonably disturb the peace, quiet and comfort of abuttiag residential property." The audio communication between the drive-thru customer and restaurant crew member occurs through a small 3-inch speaker 2ocated over 4D fe2t from the nearest resident. In addition, a 6-foot fence and landscaping will prevent any transfer of sound from the Burger King property. H. °A landscaped area of not lese thaa fifteea (15$) percent of the impervious eurfaae area of the lot sha12 be provided aad maintained.° The developer is providing a landscaped area (19,290 sf) that exceeds 63% of the impervious area (23,110 sf). I, "Impact on adjoining property by use of the site may aot result in the following: l. Loud, boisteroue and disturbing noise levels. The developer retained a consultant, ENSR, to analyze any noise impacts created by the proposed restaurant. As noted on page three of the attached report t10-19-94) 22 � r� l_� q =- 9�_a�� page three K. Dadlez Burger King/Grand 11/30/95 A� Z��1lt�� L� 9"s 21� "no significant noise impacts can reasonably be expecCed from increased traffic at the proposed Burger King." In addition, the restaurant management team does not allow loud, boisterous or disturbing activities anywhere on the premises. At least one full-time manager is at the restaurant during all operating hours. Even during late-evening operating hours, there are several crew employees in the restaurant which allows the manager to promptly attend to any potential disturbance without affecting the security or operation of the facility. Sazardous traffic conditions. The site access has been designed to minimize any congestion during operating hours. The two-way driveway � has been located over 200 feet from the I-35E off ramp. This provides adequate sight distance for eastbound vehicles approaching the driveway. The drive-thru entrance has been positioned to provide stacking for 12 vehicles to the pick-up window. The developer conducted actual 24-hour traffic counts at Gxand and Douglas. The projected customer traffic was extrapolated into the attached traffic profile. As noted from the study, the four (4) busiest one-half hour intervals at the restaurant occur from 11:30 am to 1:30 pm. The peak Grand Avenue traffic intervals occur from 7:30 am to 9:00 am and from 3:30 pm to 6:00 pm. The restaurant will not generate significant additional traffic at the site. Rather, customers wi11 be "intercepted" from the existing traffic. A significant number of customers will be pedestrians rather than vehicle-occupied. This development will not create hazardous traffic conditions. 3. Offensive, obnoxious and disturbing odors. � The developer retained a consultant, ENSR, to analyze any impacts on air guality created by the proposed restaurant. As noted on page three of the attached report (10-19-94), "there is no possibility that the traffic at the proposed Burger King could cause an exceedance of Che minimum CO standards." in addition, garbage from operations is "double-bagged" in the rest- aurant and carried to an adjacent compactor, where it is 27 �3 n u page four K. Dadlez Burger King/Grand 11/30/95 �Z��G�E�7 �1�� g � Av deposited in an air-tight steel container. Compacted garbage is collected regularly. Because Burger King "broils" their meat (as opposed to frying or grilling), grease particles which cause air-borne particulate (or odor-producing) matter, are collected in the broiZer itself. Exhaust hoods filter any residual smoke, and the resultant discharge occurs through high-velocity centrifugal fans screened from view behind the roof parapet. 4. Sxcessive litter. Refer to the attached 'litter collection plan.' 5. Excessive artificial lighting. Parking lot lighting is achieved using Metal Halide luminaries mounted on 22-foot steel poles with 2-foot concrete bases. The fixture is a"shoe-box" type fixture with no portion of the lens exposed. The lights are positioned along the property lines and the light is directed towards the interior of the lot, to minimize any 'glare' towards abutting property. 6. Substantial decrease in adjoiniag groperty values. There will be no decrease in adjoining property values. All of the acquired property is zoned B-3, consistent with a neighborhood business. The total cost of the proposed development will exceed $ 1.1 Million. The building exterior has been upgraded to brick. Sev- eral other features have been integrated into the site and building exterior to incorporate the character of the local architecture. We believe the removal of the vacant structure, the addition of landscaping and the planned site improvements will stabilize 2f not increase the adjacent property values. Sincerely, NATH DEVELOPMENT, INC. a�E�,f.� c.�%�� Dennis K. Trisler Director of Development DKT:nmfg\9357\1d1trN30.pw � � 2 �' UN � • NATH M{NNESOTA FRANCHlSE GROUP, 4NC. � NATH FLORIDA FRANCHISE GROUP, INC. NATH MANAGEMENT, WC. NATH DEVELOPMENT, INC. NA7H PROPERTY COMPANY LIMITED PAKiNERSHIP- NA7H MANUFACTURING ENTERPRISES, iNC. 5775 Wayxata Houlevard, $uite 800. SL Louis Park, MN 5 5 416-1 249 PFf:672/542-3200 FAX:612(5423260 November 10, 1995 Planning Commission CITY OF ST. PAiTL St. Paul, MN : Re: Litter Collection Plan Proposed Burger King Restaurant Grand Avenue & Douglas Street Members of the Commission: 1��TI ',COMPANIES 9 c - a � �-- The following is the Litter Collection Policy we will implement should this Project be approved: All debris or litter resulting from the Burger King operation will be collected according to the following schedule: � * * Immediate Grounds: 4-6 times daily. Privatelpublic �ro�erty adjacent to site: 2-3 times daily. per week. � Thank you for your consideration. Sincerely, NATH MINNESOTA F'RANCHISE GROIIP, INC. � Richard Bentz Director o£ Operations � �� 95•2ff/ s:\nmfg\9357\letter.wp �.5 us ..� S T � � , �. �O}JBf �9� 188� ENSR AsF. No; 573t-017 ENSR DOC. No: 94291wg t:res�c c;�,t�:.� ,.� r.o,w,t„,.;,�c a�o r.rk Cta, n,�d ��.MitO � Sl.liaoa Park. M11 Sihifi (ldZ) �)E4-Sl11? !`AX (Glt) 9P41�.3i7 Mr. Cl�ctN� F. Habiper --- LK Associates, Lttlrrcal Sorvices � � 1 � 63 � � � � �"-"'�� 922 Matlr�et � _ Hopkins. MN 55343 Ra: Acsssntfertt of Atr Quettty �td NOESe ImpasSs at a Propoird Eurg�r Ktng Rest.�urar+t, SL Paut, Mlane�ota D91r Mr. Habiger. ENSR he�s evaluatOd potentiai aa� qWC,ty.and nalse imR�ctB !rom vatdc�Far traMiC for the proposec! 8urger 1Ca�g rest�u�ant in S't. Paul, Mirtnesoia. CYut e�valueqon tt bapeq nrs prior air quality and noise stu�'�es done by EN3R tp Suppcd 'vldirect sctna pK�lt �pplfc�GOns !or other retail tleveiopments in Minnaota, eutd on specific studtss of tlwas same iasuas tor drive-through t�t tood reatewt�►ta In Caiflomis. Th�sa sources of hdorrr�tton suggest that the Proposetl S� Peaai Burg9r lQrtg wflt not Create s(�t�Car�t air qua�lJr or ttoise �s. BACKGR4UND Poter�tia! aourCes ot air poNutar�s and noise associated wltkt tMe Burgar King reataur8nt e�re the vphiCleB that meke Vipa to the tes4�urar�i and elther pmk there or utl�ite the cittv�thrOtt�tt Iana. Carbon monox(de (c;0) ts the ahnosp6erlo potlut3nt irom thc vehicips of oonCem ior atr q�,e�ity. 'rtx+ Mk,ne�asa Poa„non Carira Agency tNlP�/�j tqu cor:duaed tt,e �ide amtsatona testin9 Aro9ram sinoa 1891. 3hat program ttm(ts the amouni of CO produced by VAhi0te8 t0 nD moe0 then 1,2 percxT�l, The MPGA id�o s�ts limits on !he amount af CO thst may be protluaer! irvrn any soutce MCtudirtg ind'rce�t gOUt�es, 5yach as yehiag. gmissioAS frOfi perkin9 eUeels, ►O�wSyS, or de3veways. The Minnesdta CO standarsi i8 Ny�ressed G7 two evEtLping lknss: � i-hour avara98 -� D� P�' ��+ �PPn+1 • &tfour avexege = 9 ppm ��. . .,.� :. . ,..�. .�. �b 4� � � • �,� e ��f : . . ! r� ,_ °� c- a � � M c��'�'� � ��i�� . Pa�e a Thesg canCer►trations are deaigr�ed ta proi2ct the genelal popufaGlon, erui ete t�bt to be oxcoeded mare than once v� rear tor any pem,med source. 8ACk9rolmd �n�xntratlons af GO En ths range o! flve to sdc ppm fOr th91�0�u avewage. �nd threa to taur ppm tor the 8-hour averege, have beers used tsy EiVSR wfth MPCA approval to svppart indhect atlurCO permitdo9 aPPGCadohs. These bi�eCk9tOUnd vekses azo d6�Sved from �nbient mordtorte�g contlucted by ME'CA at ve�riout locations aramd the Twin C'�es metropotNan area. Minnesote's nolse standerds are a 1unCtion ot land use and Ume of day {Table 1). Thers are two descripiors ior nolse standards: � 110 � The 80th peresr� in which notse ievets are e�co9eded 1D percent of the t+me • LSO � The SOth percenUN! in which noise leVeis are exaaeded 50 petcxnt of the tttne � � Noise impacts ocaur when thc ata4e st�dards ars excseded or vfien the notse ievel incr�ses by thtpe or rt�ore decibels. Noise levets are msesured pn a bpBAtt�mic scate antl are nat linearly proportlonat to the votume of trattfc. TraXc votumea rruist dcuble to produce 8 4hres deabei inCresse. EHAlUA710N OF R07EN3tAl. IMPACT$ �NSF1's approach to wnducting this evatuat�on 1rnoNes comperh�p �e uafflic vofume expected at d+e 8utger Iang testaurent wtttt the ttatCC vo(ume modeled as pert of indireCt sourco permi! spplicaMons at two Twfn City locations. The trefic vo�ume that may be aupeetetl is baaad on a C�tomla srirdy Inr a tast toad reatattrantt thai estimated 1570 daity trips. That study detemiined that there wete no signiAcani air qua�ty pr noi88 tmpects assooiated with the proposed lasi iaod bucger restaurant. By compArieon, tha two ioCat ir�direa! eour� permk maleNng swdies evalueded muc� iarger devolopment projects I►woNing larpe flroce�y atora, discount do�hhq arui merchandrse 'Cotton/BefandJAssoctat�, Inc. t989 "Drait Ern+�ronmernat ImpacK Report• EIR Case No- 1803, tn-N•Out Burger Yenfws, Praparsd tor the City ot San Buenavenwra- �7 4� � � ,... . � _3 R� 1 � 1 � �� ` �� ...}}} , � �. e Octqber t9, t894 Mr. Chacles F. Habiger P8$e 3 L��i�� .V 1 � . - � / � _ Y � ' I � ♦ . � 1 • - : • • • ' _ c r -♦ I•�� f'�� - 1♦_ • I�.f/ J��1 �. ♦ These proJects are abaut 1en fxnes hdtger in t9rms o! !he number 4! vahic�eS tM�at may be expoeted at the Burger FQn�. Yha meximurct 1-hour CQ aan�u �leted t�r ttle two indfract so�acs permlt app�rlons were 7.a ppm and l2.2 ppm, k�dY� badsground {compared to a M�ota stand�d oi 30 ppm). The rneocin'atm+ 8�hotsr Cfl �ntrattons were 5 and B ppm, ir�cluc#n9 bac�round (oomPe�red to a Mlnrro�to!Md standflrd Cf 9 ppm)• Thare is no reason io expect CO c�nce�rediorts apD��N ��und leveis due to the nlsUvely smal! amount of vehictdar tr�dNc at tns proposad Burqer tGr�g• There ia no possibitity that the tratfic ffi tfie proposed Bt�rger King c�ld caz,se an �cesedan� at tha Minnasota CO standards. The rssult5 of nolse modefing totlhe !wo indir9cS sourtx �79rmltdtlp ilpplications Indicate thai tt�e additionat traiRc �enerated by the project wouid not in�xease use nolss Iavet sipnxte�ntty. These modeting studiea mdudsd roceptor Wcatlons withht the boundaries ot the projea, suCh ats bus stopa wkhin the parking tois, antt�e�aieiy S�acerrtto tha mt�e Sowoes. Bas2d on layout of the property, the selbacks trom the properiy IMe tot rite structure, Yandsoape buiFering beir�g provided, and the relabvety smalt votume of tr�ie, no �lynirtc�nt noise tmpacts can reasor►abty be expeated irom tnaeased vehicu�ar Va�lc at ths Prop� �er �S• SllMMARY Tha Iaok o! atgntflCer+t ak quetity antl nqfse Smpads irom the ptopOSed Bufp9r iQnq is indlcated by the ionovring: • An Erni►onmentai 1mpAet Repart, prepared aCCOrding to Ca�ort�a state law and trnrohring meeaurameMs and de�ta cottection at a taat food re�tauuartt in Catttomla �nduding data co�leaetl � rwmerous fast food bCa�ona) delorminsd thffi air �t'�tY ar►d noise impacts rNec� nof �ive�se nor sipnificanG s Tredlta vdurt�e dRta irom the Calitomia struiy in� thatltte propDSSd 8urg9r lcing pro�ect is much smaNer�an the tr�►f6c vok�me aval�eC ta tw�o retail deveto�ment proj�cts in the Twin (�ty ere6t. Thi8 evaltcelttOn we� Peqfo�d to Support indheCt souroe p�rmN applicationa, end �naluded mc�deNng air quarity and notse impacls. � � � � 4� �"1 A • t�CtObor 19.1984 + lVlr. Chaviee F. Fiabl�er , PA�e 4 � 9�-�� The mode!'u�q rea�ts showed that eir quauty met Mimesota CO standards end m�t rtoise levoEs csd not �rse�se apprectelsty. • K� reasarteb►e to expect that n�e impe�ts cM be turttter minimizeci by �9+�fe��9 desipn cbnsideratioru to miti�ate noise ievets in the neighborhood. Pies�ee oorneiet ms ff yoi, have anr qussttons repar�r� �t �etter. 3� , � Wllllatm M. 4rog� . � � TOTAL P.05 TOTRL P.05 2 r Z�i��l��' �1�.� qs-u� �9 12/06/96 11:b9 FA% 812 b42 8721 TORCflW00D INC � 002i 002 � � W � � � � � 6 � � � � O a � � � � � � s � � � � � � � � � i . � � � ffi � zar�� Ff�� ; 30 LL S �� t �$� w g�Y � � � � 3 � � � a � _ �c � � � �-:l`� ii .' 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ZUNN ��F= �� i�'I i� i►►�R � ; is — - t5s �� If }� �� ! d� f� i' S �� i+ I I� �,I 1-1 ' i i ! �� fF£' a �Illlllilllll • '� a -=, ; a ffe$ o W z �,�=� � - ; �oa rF;�� lilllllllill �'=° _� � I I '� � I `� 13TN 7N15a3 � O� � � 8 , `a t �l �°u$, '� � .� e ._ , Q @@@ �¢� \\ A i 1 � \ �' � . i� --+� •, �t o �, �� ` I ��a � �. �: .� � E �� J ,,�� - ,� f _ �� .'--,a �� i� ,+.ae �9h a;:,� �i�. �� e� � � !� `�° • u P � , /: � J �. � � .� i «�- �►w• �� J �' � � `�s:P �� ,..�t �� _� - 0 � � � � .��+ � Zonmg Committee 25 West Fourth Street Seint PauE, MN 55102 RECE1!►'cp JAN p 2 199E ZONlt��= qc�-�� a— December 34, 4995 RE: Nath Compan�es Burger tGny appi'�eation Speaal Condition Use Permit fast food resffiurard drive-up window Zonitiy Ftle Number 95-269 I am strongiy opposed to the SpecPa! Condition Use Permit for fhe fol[owing reasons: � t. Nath Com�cries hopes bo bring a�eady stream of traffic, headligMs pointed toward, and then engines idiffnng aio�side—bareiy 24 feet avray—a priwdte residence. Shis home is ne�d door to tfie home whieh is across the street from mina at 29 flougtas Street Tha axtremety negative impact on this home wi14 also graatly dimirnsh the value of rty property. t have made a si8nificant investrnerrt m my house, whieh I wouid lose ff this project is afiowed to preceed as now designed. 2. The speaker box, iocated only 40 feet from the back yard of the nearest resider�t, would be plainly audible and wouid unreasonably disdlrb the peace, quiet ar+d eomfort of the abut6ng residerttial property, urriil the proposed trees aiong the iot line are at least 12 feet tall. 3. Despite best ef[orls, Burger King caanot prevetrt occasianal whooQs, holte[s and honks frQm occurring within 20 feet of our homes. 4. The sa foat fiigfi fenee atx! sa 400t high or shorter fofiage now �oposed wiN not pTever�t sound trartsfer. Nath Companies possiby couid pTOVide fenang and fandscaping which wouid screen the sight and sounds of their business activities. Despite ample opportunity, R does not propose to da so. 5. This neighborhood is valuable as a residet�tial neighborhood. ft uniquely provides architecWrally diverse homes or smal! muttipie dweAings, each with its own land (atternative to toNmhouses and rnndominiums), which are affordabie and wifhin easy access of downtown St. Paul. We have now a generaily quiet cul-de- sac wieh only muted backgrourtd °White nase' from general traffic. 6. A far better business development otthis site, consistent with the residential neighborhood, wouid be a one- or two-story buiiding with tls back to the neighborhood, and a41 tfis traffic conS�t�ed to the area north ot this building, beiween it and Grand Avenue. 1 ro�abilitated 29 Dougias Street, which had been vacartt for a year, and hro other retna! properties in SL Paul. I added substarttia! impravemer�ts to my own home in S`t. Paul. i rohab'li�ted a fourth rerrtal property just over ihe border in West St. Paul. I am curreMy restoring an hisboric mansio� on Summit Avenue, just up !he hiii from 29 Dousias Street Please donY discourage my activities by granting this peRnit. Thank you for your atte�on. Sincerely, � �� Jean Schrcepfer 1640 Bohland Avenue St Paul, MN 55116 699-3543;687-7581 3S :3 i�� Children�`s HEALTN CARE '� January 2, 1996 JAN 0 4 i996 � :i City Council Chambers 3rd Floor City Hail - Court House IS West KeI[ogg Bouievard St. Paul, MN 55102 Dear Sir or Madam: R�G�IV�D ZC��1 i T�' = Children's HeaRh Care St Paol 3d5 Norih Smilh A�enue St. Poul, Minnewto 55102 (6I21 2ZQ-6000 Please be advised that United Hospital and Children's Health Caze - St. Paui do not oppose the special condition use permit Yo a11ow a fast-food restawant with a drive-up window that Nath Companies-Burger King is seeking. It is the strong desire of both hospitals that Nath Companies work cooperarivety with the residents of the West 7th azea and the West 7th/Fort Road Federarion to minimize any negarive impact the special condirion use permit may have on the neighborhood. Yours very huly, � ? �� Daniei L. Kratz Michael Sharpe Vice President Director Children's Health Care United Hospital cc: Ed Johnson, West 7th/Fort Road Federation Stanley Leonazd, M.D. Dennis Trisler b�ug¢1-= r-. U i � � T � � 36 T � � ! Kady Dadlez Dept of Ptanning and 25 W 4th St Saint Paul, IvIN 55102 Z2S--3341 (Fax) Eoortomic Deve2opment RECE14'ED saN a 4 �sss 7oRlER�� q6 _a��.. Dear Kady: The Fort Road Federation is opposed to Yhe proposed Burger King development by the Nath CorporaEion at Grand Avenue and I-35E. This parri�ular site is very unpoatant to us, because sirice I-35E eut off our cPmmunity from the Hill and beyond, there are very few links left. To prevent us from being a littIe isiand, we have to use khe connections we have left the best we Fossibly can. This iot affects neariy everyvne in Uppertown because of that The best use of that land would be something that has some size to it, and'stands on the sidewalk. This would not oniy put a lot of small businesses close to the good freeway access, but it woutd aiso close up and slow down Graz�d, which has a lot of traf�c on it. If peopie are going ta be abie bo waik on and across Grand, something has to siow cars down as the launch o£f t}ie Hill oz the freeway. A iarge wall of buildings, like ilnited Hospital's new clinic, wouid do that very weil. Two sEory buildings also can shieid the noise of Grand from the houses on Douglas and make them quietcr places to live. And a really f;ood use would be someEhing Ehat causes al2 the surrounding neighbor9 to come togethez to see each other, gossip, and whatever else. This Burger King does little <�f that. It wouid be a squat little building occupying less than 10% of the land. It is aimost all parking loY, an intrusion of the au4omobile world�of I-35E further towards West Seventh. They won't put the bui3ding on the sidewaik, nor wiil they orient the front door � towards anything other than the parking lot. The open lot won't shield n0ise or provide a visual edge to the street to �et people to slow down. In short, this project would mainYain a wide ail f I 35E pedestnan hoshle scaz in the v ey o- . Thak is not to say that a Burger King in this location wouldn't be a fine idea. Anyplace for neighbors to gather and linger can only help our community. But when the whole structitre is designed to maximize drive-up sa]es, you aren't supposed to sit and talk. You are supposed to get your burgez and get out. Over the long haul, a stable community of neighbors that spend some time together in buildings o� permanence is whai makes us 'economically viable'. We don't compete with the suburbs by using the style o! development that 4vorks best in a recently cleazed cornfield. We gain when we: do things to support the people we have and the institutions that they as neighbors make. A restavrant, even a Burger King, wouid be a welrnme addirion iE it respected these design and rnmmunity issues. These issues have been discussed on this site previously, and are realiy noEhing new. This area was slated to be "Mixed Use" with Ywo-stary structures by the 1978 District'9 Plan. And maziy of these ideas are things that g�:nerally circulate under the name "New Urbanism". These ideas are importart for us to fight for as a community and as a city. After all, what we are talking about is the way this great community was first developeci a�entury ago. We shouldn't be the last ones to realize that these ideas have been right ail along. For these reasons, we oppose. Burger King Eo be built. � ` / � / J � `' � / ��l /� y" the granting of a Special Condition Use Permit to allow the proposed Erik Hare Secretary �f the Fvrt Rvad Fecieration 31 � �� i. SITNIZAY-BATTI.ECREEK-HIGHWOOD 2. HAZEL PARK HADEN•PROSPERITY HILLCREST 3. WEST S1DE 4. DAYTOh"S BLLTFF 5. PAYI��E-PHAI,EN 6. NORTH END 7. THOMAS-DAI.E ` g_�jj��LJNIVERSTTY � SEVENTT37 1Q. COMO 11. HAMLINE-T�WAY 12. ST. ANTHONY PARK 13. MERRIAM PARK-LEXINGTON HAMLINE-SNET.LING HAMLINE 14. MACAT.ESTER GROVELAND 15. HIGHI.A21D 26. SUMMTT HII.L 17. DOWNTOWN ZONlNG FILE `°�? i � �- CITIZEN PARTICIPATION PLANNING 73ISTRICfS �e�a�� CJ � � DISTRICT 9 O . ZON��G FILE 5' � 39 �� z o\ �Z � � 0 . o 0 �R�� 0 �� c \ U .,�,C � f r 1 J\ J ` l : � CNILORfN�S NOSP/TAL O �9 � �� >RR�SQN z�s � .��i//I��IV�� ■- / �' ' +t .� �y • • = �� • • � �. ... .� p . . � . . . . • IP • ••. • ••� � �' �'�' � d � - Y�� . . . . : � � � v �' .C� � � 'd � . . . • . 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