PRELIMINARY DEVELOPMENT PLAN REVIEW - CITY OF MARYLAND HEIGHTS

Transcription

1 PRELIMINARY DEVELOPMENT PLAN REVIEW APPLICATION NUMBER PDP APPLICATION (PROJECT) NAME ANDY S FROZEN CUSTARD APPLICANT NAME Andy s Frozen Custard (Greg Anderson) 60 Fourth Street, Camdenton, MO PROPERTY OWNER NAME USR-DESCO Dorsett Village LLC 25 North Brentwood Blvd., St. Louis, MO APPLICANT S REQUEST Amendments to PDC Planned District Commercial Ordinance # , as amended by Ordinance # , to allow a Fast Food Restaurant with Drive Through Services at 2030 Dorsett Village, in the Dorsett Village Planned District. SITE LOCATION Dorsett Village/Dorsett Road and McKelvey Road STREET ADDRESS 2030 Dorsett Village PARCEL/LOCATOR NUMBER 14O EXISTING ZONING DISTRICT PD-C Planned District Commercial TOTAL SITE AREA acres (total site area: 22.6 acres) PLANNING AREA WEST RESIDENTIAL PLANNING AREA PUBLIC HEARING March 27, 2018 REPORT ISSUED CASE MANAGER Hilary Perkins, AICP RECOMMENDATION APPROVAL ANDY S FROZEN CUSTARD PAGE 1

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3 DESCRIPTION OF EXISTING SITE CONDITIONS The subject site is approximately 0.26 acres in size (of the overall 22 acre site) and is located at the northwest corner of Dorsett Road and McKelvey Road. Most of the site is a large strip mall anchored by Schnuck s and Orlando Garden. Andy s Frozen Custard would locate in an outlot towards the southeast of the parcel, near Steak n Shake and Commerce Bank. REFER TO FIGURE 1 NEIGHBORHOOD CONDITIONS/LAND USE Land use around the immediate site is commercial. Further out, to the north are townhomes; to the west and south, single family residential; and to the east, multifamily apartments. REFER TO FIGURE 2 ZONING CONTEXT The subject site is zoned PD-C Planned District Commercial. Two other PD-C site are located across both Dorsett Road (Dorsett Square) and McKelvey Road (Dorsett- McKelvey Commercial). Residential uses to the west and south are zoned R-5 Single Family Residential and R-6 Multi-Family Residential. REFER TO APPENDIX SUPPLEMENTAL MAPS AND EXHIBITS REFER TO FIGURE 3 Site Location (approx.) EXISTING CONDITIONS MATRIX DIRECTION EXISTING LAND USE ZONING DISTRICT COMMENTS North Single Family Residential R-6 Townhomes East Commercial PD-R & C-2 Walgreens, Fast Food Restaurants South Commercial PD-R & C-2 Dorsett Village West Commercial C-2 Vacant Fitness Center ANDY S FROZEN CUSTARD PAGE 3

4 BACKGROUND In 1996, via adoption of Ordinance # , the 22.6 acre site was rezoned to Planned District- Commercial. This ordinance was amended via Ordinance # to permit a mathematics and reading training facility (Kumon), and amended again via Ordinance # to permit pre-existing uses. More recently, in 2007, these ordinances were repealed and Ordinance # was adopted to permit a fitness and recreational sports center (The Boxing Gym). Planned District Ordinance # sets forth six building groups as depicted on the map below. In 2009, Ordinance # was repealed and Ordinance # was adopted to allow an adult day care facility (Care Brands). This ordinance was amended in 2009 with the adoption of Ordinance # to clarify the sign requirements. This amending ordinance was repealed in 2012 and Ordinance # was adopted modifying the sign requirements. Ordinance # and amending Ordinance # were repealed in 2013 and Ordinance # was adopted to permit a freestanding ambulatory surgical & emergency center (SSM Urgent Care). Within these planning areas, the following uses are permitted: PLANNING AREA A B PERMITTED USES Ambulatory Health Care Services including Outpatient care centers, Kidney Dialysis Centers, Freestanding Ambulatory Surgical & Emergency Centers and Medical & Diagnostic Laboratories Fitness and Recreational Sports Center Banquet center Professional development and training facility All permitted uses in the C-2" General Commercial District Services for the Elderly and Persons with Disabilities C Banking facility with drive-thru All permitted uses in the C-2" General Commercial District D Fast food restaurant with drive-thru All permitted uses in the C-2" General Commercial District E Mathematics and Reading training facility All permitted uses in the C-2 General Commercial District F All permitted uses in the C-2" General Commercial District All permitted uses in the C-2" General Commercial District PAGE 4 REQUEST FOR PDC ANDY S FROZEN CUSTARD #PDP

5 REQUEST PRELIMINARY DEVELOPMENT PLAN REVIEW The applicant requests an amendment to the use matrix for Planning Area A to allow for a fast food restaurant with drive through services to construct an Andy s Frozen Custard restaurant at 2030 Dorsett Village, which is part of the Dorsett Village Planned District. The restaurant will be located in the southeast corner of the existing parking lot, near Commerce Bank and Steak and Shake. The proposed improvements on site consist of the construction of a 2,200 square foot frozen custard stand with a drive thru. Service will also be provided from walk-up windows and a patio. No indoor seating is proposed. Store hours will vary based on the season, and the maximum number of employees on any shift would be nine. Note that the site plan has been reconfigured since the original submission for pedestrian safety and traffic flow. ANDY S FROZEN CUSTARD PAGE 5

6 ANALYSIS BURDEN OF PROOF In presenting any application for a Conditional Use Permit, the applicant must demonstrate that the proposed use meets the burden of proof criteria contained in Section , Burden of Proof, of the Zoning Code. An analysis of the five criteria contained in the Code follows. 1. CONSISTENCY. THE CONDITIONAL USE IS DEEMED CONSISTENT WITH GOOD PLANNING PRACTICE IN THAT IT: A. ADVANCES THE GOALS, OBJECTIVES, AND POLICIES OF THE COMPREHENSIVE PLAN. B. ADVANCES THE PURPOSE AND INTENT OF THE UNDERLYING ZONING DISTRICT. C. MEETS THE REQUIREMENTS CONTAINED IN THE ZONING CODE FOR THE SPECIFIC USE. COMPREHENSIVE PLAN The Comprehensive Plan s goal for Enhancing Economic Vitality states that Maryland Heights should seek to: Increase economic resiliency and innovation as part of a globally competitive, businessfriendly region, comprised of healthy communities that sustain a high quality of life. The following objectives are associated with this goal: Encourage a diversified mix of businesses to support a vibrant local economy. Provide opportunities for existing businesses to expand and grow. Promote appropriate new commercial development or redevelopment of existing properties where market-supported opportunities occur. The subject site had is currently utilized as surface parking. It would serve area residents, visitors, and users of the adjacent businesses alike, and is in keeping with the commercial character of Dorsett Village. The addition of a frozen custard stand would be a unique use for Maryland Heights, potentially attracting customers from throughout the region. The proposed custard stand would provide goods and services for those in the community and for visitors alike and should complement the range of restaurants which exist within Dorsett Village shopping center. This use would also contribute to the diversity of businesses with the City, while redeveloping a property that is currently underutilized. With a walk up window and outdoor seating, it has the potential to advance the goals of the City s Great Streets Plan to encourage visitors to walk or bicycle to the store. CONSISTENCY WITH THE EXISTING PLANNED DISTRICT ORDINANCE The applicant s proposal is generally in keeping with the standards set forth in Ordinance (as amended by Ordinance ), Dorsett Village Shopping Center (in Planning Area A), with the exception of the proposed signage. Based on the applicant s drawings and renderings, the following signs are proposed: PAGE 6 REQUEST FOR PDC ANDY S FROZEN CUSTARD #PDP

7 ANALYSIS (continued) ANDY S FROZEN CUSTARD PAGE 7

8 ANALYSIS (continued) Ordinance No states that new signs erected after the adoption of this ordinance shall be erected in accordance with Section 25-15, Sign Regulations of the Zoning Code, with some site-specific exceptions. Generally, commercial signage for a single tenant building is limited to one attached sign that is not above the parapet wall and utilizes channel (individual) letters. The code further allows one freestanding sign, not to exceed 50 total gross square feet, at a height of no more than six feet., and outside any sight distance triangles. Note too that the traffic assessment and Motor Vehicle Oriented Business (MVOB) review (summarized in the next section), cautions that care be used when locating signs so that vehicles do not travel the wrong way throughout the site. Subject to further input from the Planning Commission, the draft ordinance approves the sign package as shown. 2. OPERATIONAL IMPACTS. THE CONDITIONAL USE CAN BE OPERATED IN A MANNER THAT IS NOT DETRIMENTAL TO THE PERMITTED DEVELOPMENTS AND USES IN THE DISTRICT. IN DETERMINING THE IMPACTS OF THE PROPOSED USE ON SURROUNDING PROPERTIES, THE FOLLOWING FACTORS SHALL BE CONSIDERED: A. NOISE; B. ODOR; C. TRAFFIC; D. OPERATIONAL SCHEDULE; AND/OR E. OTHER SIMILAR FACTORS RELATED TO THE NATURE OF THE OPERATION. Fast Food Restaurants with Drive Through Services (LUC ) are always a conditional use in the City s Zoning Code. Further, a fast food restaurant with a drive through is already permitted in Planning Area D (Steak n Shake), which is next to the proposed Andy s site. The proposed landscaping and screening of the waste receptacles will raise the standard of site design and maintenance. Note too that the Maryland Heights Motor Vehicle Oriented Business (MVOB) ordinance does not allow more than one MVOB within 300 feet of another MVOB without a waiver from the Planning Commission, whose decision is supported by the findings of a traffic report analyzing the potential impacts of multiple MVOBs. The proposed Andy s Frozen Custard is proposed adjacent to an existing Commerce Bank and an existing Steak n Shake, both of which have drive thrus and are considered MVOBs. At the City s request, CBB performed a traffic assessment and MVOB review to project the number of trips that would be generated by the proposed restaurant, perform traffic analysis at the internal intersections, and address traffic and circulation impacts of the proposed Andy s with the exiting MVOBs internal to the Dorsett Village shopping center. The firm further studied the conformance of the MVOB to the applicable requirements of the City s MVOB ordinance. The study focused only on the internal impacts of the proposed use and did not specifically address the impacts to the local public roads adjacent to the site. Finally, since the existing parking lot is so large, the study did not evaluate the impact to existing parking.. CBB s analysis is summarized as follows (full report in the Appendix): The traffic using the Steak n Shake and Commerce Bank driveways closest to the proposed Andy s Frozen Custard is relatively low during the PM commuter peak hour and the late evening site peak hour. In addition, the bank lobby and drive thru would be closed and only the bank ATM would generate trips during the site peak for the proposed Andy s Custard. Based on input from CBB, the drive thru has been relocated to an improved location to provide improved circulation and better serve the proposed site and minimize the impact on the other uses in the shopping center. PAGE 8 REQUEST FOR PDC ANDY S FROZEN CUSTARD #PDP

9 ANALYSIS (continued) As proposed, the traffic impacts of the Andy s Custard will be minimized and the traffic generated by the proposed Andy s custard can be accommodated within the shopping center. Consequently, in our opinion, the traffic analysis supports the ability for the Planning Commission to waive the location requirement since the traffic impacts are minimized with the current site plan. Based on queue information from the tenant, the drive thru queue is expected to be about 8 to 10 vehicles (175 to 220 feet) during the late evening site peak time. The current site plan provides approximately 270 feet of storage in a dedicated drivethru lane and can provide the 374 feet of storage typically required for a fast food restaurant without impacting the adjacent public roads but would queue to the East Dorsett drive aisle. A delayed pick up spot is not identified on the site plan, but a parking space opposite the drive through could be utilized for delayed pick up, if needed. Careful consideration should be given to sight distance obstructions when planning aesthetics enhancements, such as signs, berms, parking, fencing and landscaping, to ensure that these improvements do not obstruct the view of vehicles entering or exiting the site. It is the responsibility of the site designer to ensure proper sight distance. Additional signing should be considered at the drive thru exit to ensure vehicles turn right out of the drive thru and that vehicles entering the shopping center via South McKelvey Drive Aisle do not enter the eastbound only parking aisle. 3. VISUAL IMPACTS. THE CONDITIONAL USE CAN BE DEVELOPED AND OPERATED IN A MANNER THAT IS BOTH VISUALLY COMPATIBLE WITH THE PERMITTED USES IN THE SURROUNDING AREA AND PROTECTS OR ENHANCES THE PUBLIC VIEWSHED. IN DETERMINING THE VISUAL IMPACT OF THE PROPOSED USE ON SURROUNDING PROPERTIES, THE FOLLOWING FACTORS SHALL BE CONSIDERED: A. DENSITY. EITHER THE NUMBER OF UNITS AND/OR SITE COVERAGE IN RESPECT TO THE IMMEDIATE NEIGHBORHOOD; B. MASSING AND SCALE. THE LOCATION, FLOOR AREA, AND/OR HEIGHT OF THE STRUCTURES ASSOCIATED WITH THE PROPOSED CONDITIONAL USE; AND C. SCREENING AND BUFFERS. THE USE OF LANDSCAPING, FENCING, SETBACKS OR OTHER DESIGN FEATURES TO MITIGATE THE VISUAL IMPACT OF THE PROPOSED CONDITIONAL USE. The proposed use will have no adverse visual impacts and the unique nature of the design of Andy s is expected to improve the visual character of the streetscape by enhancing an underutilized portion of the overall Dorsett Village site. With further regard to visual impacts, extensive landscaping is proposed, which well-exceeds the City s landscape point requirements. ANDY S FROZEN CUSTARD PAGE 9

10 ANALYSIS (continued) 4. INFRASTRUCTURE. ADEQUATE FACILITIES EITHER EXIST OR WILL BE PROVIDED, INCLUDING BUT NOT LIMITED TO: A. ACCESS B. PARKING AND LOADING C. EMERGENCY SERVICES D. UTILITIES E. DRAINAGE Adequate infrastructure exists to support the proposed use, subject to the conditions of the draft ordinance. 5. GENERAL WELFARE. THE CONDITIONAL USE IS DEEMED ESSENTIAL, CONVENIENT, OR DESIRABLE TO PRESERVE AND PROMOTE THE PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE OF THE. The use promotes the general welfare of the community by providing a needed service consistent with the City s Great Streets plan in the City of Maryland Heights while protecting the public health, safety, and general welfare. PAGE 10 REQUEST FOR PDC ANDY S FROZEN CUSTARD #PDP

11 FINDINGS AND RECOMMENDATIONS CONSISTENCY WITH COMPREHENSIVE PLAN 1. The City Planner finds that the project is consistent with the Comprehensive Plan. IMPACT ON NEIGHBORHOOD CHARACTER 2. The City Planner finds that the project will not have a substantial adverse impact on adjoining properties, subject to the conditions of the ordinance. SITE DESIGN 3. The City Planner finds that the site design is consistent with the standards of the Zoning Code, with the exception of the proposed signage, subject to review and approval of the Final Development Plan. BUILDING DESIGN 4. The City Planner finds that the building design is consistent with the purpose and intent of the Building Design Standards. RECOMMENDATION Staff recommends that the draft ordinance attached hereto be considered for adoption by the City Council. Hilary E. H. Perkins, AICP Planner and Project Manager ANDY S FROZEN CUSTARD PAGE 11

12 APPENDIX A SUPPLEMENTAL MAPS AND SITE DATA PAGE 12 REQUEST FOR PDC ANDY S FROZEN CUSTARD #PDP

13 PRELIMINARY DEVELOPMENT PLAN REVIEW N FIGURE 1: AERIAL PHOTOGRAPH ANDY S FROZEN CUSTARD PAGE 13

14 PRELIMINARY DEVELOPMENT PLAN REVIEW N FIGURE 2: EXISTING LAND USE PATTERN PAGE 14 REQUEST FOR PDC ANDY S FROZEN CUSTARD #PDP

15 PRELIMINARY DEVELOPMENT PLAN REVIEW R-5 PD-C C-2 PD-C C-2 PD-C R-6 N FIGURE 3: ZONING MAP ANDY S FROZEN CUSTARD PAGE 15

16 FIGURE 4: PRELIMINARY DEVELOPMENT PLAN PAGE 16 REQUEST FOR PDC ANDY S FROZEN CUSTARD #PDP

17 ANDY S FROZEN CUSTARD FIGURE 5: SITE RENDERINGS PAGE 17

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19 ANDY S FROZEN CUSTARD FIGURE 6: APPLICANT NARRATIVE PAGE 19

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39 Recommendation of Planning Commission BILL NO. XXX ORDINANCE NO XXXX AN ORDINANCE REPEALING ORDINANCE AND AMENDING EXHIBIT "A" OF PLANNED DISTRICT ORDINANCE FOR DORSETT VILLAGE SHOPPING CENTER TO PERMIT FAST FOOD RESTAURANT WITH DRIVE THROUGH SERVICES (Petition of Andy s Frozen Custard with the consent of USR-DESCO Dorsett Village, LLC) WHEREAS, the Planning Commission has determined that additional fast food restaurant with drive through uses are in general conformance with the goals of the Comprehensive Plan of the City of Maryland Heights; and WHEREAS, the Planning Commission has recommended approval of modifications to the Dorsett Village Planned District Ordinance to accommodate those uses; and WHEREAS, the City Council has reviewed the recommendation of the Planning Commission and has determined that the modifications are appropriate. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MARYLAND HEIGHTS, MISSOURI, AS FOLLOWS: Section 1: Ordinance is hereby repealed. Section 2: Exhibit "A", Use Matrix, of Planned District Ordinance is hereby amended as attached hereto to permit a fast food restaurant with drive through (LUC #722517) in Planning Area A, subject to conditions. Section 3: This Ordinance shall be in full force and effect from and after its passage and approval. PASSED BY THE CITY COUNCIL THIS TH DAY OF MAYOR/PRESIDING OFFICER APPROVED BY THE MAYOR THIS DAY OF ATTEST: MAYOR CITY CLERK City of Maryland Heights Ordinance No XXXX Page 1 of 1

40 EXHIBIT A - USE MATRIX The uses permitted in this PD-C Planned District Commercial, as further limited by 4.IV, Use Limitations, of this ordinance, shall be as follows: PLANNING AREA A B PERMITTED USES Ambulatory Health Care Services including Outpatient care centers (LUC #621498), Kidney Dialysis Centers (LUC #621492), Freestanding Ambulatory Surgical & Emergency Centers (LUC #621493), and Medical & Diagnostic Laboratories (LUC #621511) Fast Food Restaurant with Drive Through (LUC #722517) 5 Fitness and Recreational Sports Center (LUC #713940) Banquet center (LUC #722320) C Banking facility with drive-thru (LUC #522111) D Fast food restaurant with drive-thru (LUC #722517) All uses in the Educational Services category (LUC #611)3 All permitted uses in the C-2" General Commercial District 1,2 Services for the Elderly and Persons with Disabilities (LUC #624120) All permitted uses in the C-2" General Commercial District 1,2 All permitted uses in the C-2" General Commercial District 1,3 All permitted uses in the C-2" General Commercial District 1,4 E Mathematics and Reading training facility (LUC All permitted uses in the C-2 General Commercial #611691) District 1,2 F All permitted uses in the C-2" General Commercial District 1 1. Conditional uses in the C-2 General Commercial District may be added to the matrix of permitted uses by the procedure outlined in Section Procedure to Modify Planned District Standards and Regulations, of the Zoning Code. 2. Full Service Restaurants (LUC #722511), Fast Food Restaurants (LUC #722516), and Take Out Restaurants (LUC #722513) shall be permitted, subject to a finding by the City Planner that the required parking can be provided on site. The burden shall be upon the applicant to demonstrate that the required parking can be provided 3. Prior to an occupancy permit for any proposed educational service, the applicant shall submit an operational plan for the review and approval of the City Planner. The operational plan shall demonstrate compliance with the parking requirements of this ordinance. Failure to adequately demonstrate compliance will result in the denial of an occupancy permit. Said plan shall include: a. Hours of operation; b. Number of classes; c. Number of student seats; d. Number of faculty/staff; and e. Number and location of parking spaces devoted to this use. 4. All Motor Vehicle Oriented Business must comply with the provisions of Section 25-23, Motor Vehicle Oriented Businesses, of the Zoning Code. 5. The site design, building design, landscaping, lighting, and signage for the fast food restaurant with drive through in Planning Area A shall be consistent in with the exhibits contained in the City Planner s Report to the Planning Commission dated for Andy s Frozen Custard. Substantial deviations are subject to the review and approval of the Planning Commission. City of Maryland Heights Ordinance No DRAFT Exhibit A Page 1 of 1