HomeMy WebLinkAbout03-062 - ADMIN Resolution - City Council - 2003/06/02•
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RESOLUTION NO. 03-062
A RESOLUTION OF DENIAL REGARDING THE APPLICATION OF
WENDY'S INTERNATIONAL, INC. FOR A CONDITIONAL USE PERMIT UNDER
SECTION 36-194(d)(11) OF THE ST. LOUIS PARK ZONING CODE RELATING TO
ZONING TO PERMIT IN -VEHICLE SALES/SERVICE (DRIVE-THROUGH USE) FOR
PROPERTY ZONED C-2 GENERAL COMMERCIAL DISTRICT LOCATED AT
5001 EXCELSIOR BOULEVARD
BE IT RESOLVED BY the City Council of the City of St Louis Park:
Findings
1. Wendy's International, Inc has made application to the City Council for a Conditional
Use Permit under Section 36-194(d)(11) of the St. Louis Park Zoning Code for the purpose of
permitting in -vehicle sales/service (dnve-through use) within a C-2 General Commercial District
located at 5001 Excelsior Boulevard for the legal description as follows, to wit:
That part of Section 7, Township 28 North Range 24, West of the Fourth Pnncipal
Mendian, descnbed as follows:
Commencing at a point in the center line of Excelsior Avenue distant 901 feet
Northeasterly along said center line from its intersection with the center line of Wooddale
Avenue; thence Southeasterly at nght angles to said center line of Excelsior Avenue a
distance of 350 feet; thence Southwesterly parallel with said center line of Excelsior
Avenue a distance of 70 feet; thence Northwesterly a distance.of 350 feet to a point in the
center line of Excelsior Avenue distant 70 feet Southwesterly from the point of
beginning; thence Northeasterly to the point of beginning
2. On Apnl 23, 2003, the Planning Commission held a public hearing, received testimony
from the public, discussed the application, acknowledged the applicant's request to continue the
public heanng until May 7, 2003, and on a vote of 4-0 moved to continue the public hearing until
May 7, 2003. On May 7, 2003, the Planning Commission continued the public hearing, received
testimony from the public, discussed the application, and on a vote of 7-0 moved that the
Planning Commission recommend denial of the proposed conditional use permit.
3 The City Council has reviewed the application for compliance with the applicable
performance standards, -general conditions and specific conditions, considered the advice and
recommendation of the Planning Commission (Case No. 03 -03 -CUP) and the effect of the
proposed in -vehicle sales/service (dnve-through use) on the health, safety and welfare of the
occupants of the surrounding lands, existing and anticipated traffic, parking and pedestnan
conditions, the effect on the use, enjoyment and values of properties in the surrounding area,
conformance with the goals and objectives of the Comprehensive Plan, and compliance with the
intent of the Zoning Ordinance, and finds the following:
Resolution No. 03-062 -2-
a. The proposed in -vehicle sales/service does not comply with the Zoning Ordinance
condition requinng the dnve-through to be designed so it does not impede traffic or
impair vehicular and pedestrian traffic movement, or exacerbate the potential for
pedestnan and vehicular conflict (Sec. 36-194(d)(11)(e)) for the following reasons:
1. vehicles waiting to use the dnve-through during peak times are expected to block
circulation aisles, access to parking spaces, and pedestnan routes;
H. the dnve-through separates most of Wendy's proposed on-site parking from the
building entrance thereby requinng pedestrians to cross the dnve-through and
exacerbating the potential for pedestnan and vehicular conflict.
b. The proposed in -vehicle sales/service restaurant does not comply with Zoning
Ordinance requirements for on-site parking (Sec. 36-361(c)(1)(d)(17)) and does not
meet Zoning Ordinance conditions for off-site parking and joint parking facilities
(Sec. 36-361(b)(2)(1)(4) and 36-361(b)(2)(m)(1)) for the following reasons:
i. the narrow width of the property does not allow space to include both the drive-
through and the minimum number of required on-site parking spaces;
ii. the most proximate off-site parking to share is not available dunng peak times due
to the hours, size and mode of operation of the uses that would be sharing the
parking;
111. due to a lack of available proximate legal parking, there is an increased likelihood
that Wendy's customers will park in drive aisles, fire lanes and other areas not
expressly set aside for customers.
c. The proposed in -vehicle sales/service does not comply with the Zoning Ordinance
general condition that it will not have undue adverse impacts on the use and
enjoyment of properties in close proximity to the proposed conditional use (Sec. 36-
365(b)(5)) due to proposed late night in -vehicle sales/service hours and noise.
d. The proposed in -vehicle sales/service does comply with the Zoning Ordinance
finding that it is consistent with and supportive of the pnnciples, goals, objectives,
land use designations, redevelopment plans, neighborhood objectives, and
implementation strategies of the Comprehensive Plan (Sec. 36-365(b)(1)) for the
following reasons:
1 the in -vehicle sales/service does not comply with Redevelopment Chapter goals
for this area (Park Commons) to create a walkable town center, replace existing
single -story buildings with multi -story mixed-use buildings, and create a logical
intermodal internal circulation system which accommodates pedestrians,
bicyclists, disabled persons, and autos by connecting with surrounding
neighborhoods, parks, and enhanced public transit and trails;
11. the in -vehicle sales/service does not comply with Livable Communities Chapter
goals for safe, pedestnan-onented development; and
111 the in -vehicle sales/service does not comply with Plan By Neighborhood Chapter
development guidelines prohibiting car washes and similar heavier commercial
uses in this area (Minikanda Vista neighborhood).
4 The contents of Planning Case File 03 -03 -CUP are hereby entered into and made part of
the public hearing record and the record of decision for this case.
Resolution No. 03-062 -3-
Conclusion
The Conditional Use Permit to permit in -vehicle sales/service (dnve-through use) at the location
described is hereby denied based on the findings set forth above.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park:
The applicant's request for a Conditional Use Permit to permit in -vehicle sales/service
(dnve-through use) is hereby denied based on the findings set forth above.
Reviewed or Administration Adopted b the City Council June 2, 2003
ity anager
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Attest:
Mayo