PC staff report chick fil a 16-08CITY OF CHANHASSEN
PC DATE: April 19, 2016
CC DATE: May 9, 2016
REVIEW DEADLINE: May 17, 2016
CASE #: 2016-08
BY: RG, JM, JS, SS, ML, TJ
SUMMARY OF REQUEST: Site Plan Review with a Variance from the hard cover requirement
to construct a 4,775 square-foot restaurant with a drive thru – Chick-fil-A.
LOCATION: 445 West 79th Street (Lot 2, Block 1, Zamor Addition)
APPLICANT: Chick-fil-A Inc. Chanhassen Shoppes, LLC.
5200 Buffington Road 9478 Riley Lake Road
Atlanta, GA 30349 Eden Prairie, MN 55347
(404) 68408530 (651) 336-6060
jason.hill@cfacorp.com JayScott@solomonre.com
PRESENT ZONING: Highway and Business Services District (BH)
2020 LAND USE PLAN: Commercial
ACREAGE: 1.32 acres DENSITY: 0.08 F.A.R.
LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city’s discretion in approving
or denying a Site Plan is limited to whether or not the proposed project complies with Zoning
Ordinance requirements. If it meets these standards, the city must then approve the site plan. This
is a quasi-judicial decision.
The city’s discretion in approving or denying a Variance is limited to whether or not the proposed
project meets the standards in the Zoning Ordinance for a variance. The city has a relatively high
level of discretion with a variance because the applicant is seeking a deviation from established
standards. This is a quasi-judicial decision.
Notice of this public hearing has been mailed to all property owners within 500 feet.
PROPOSAL/SUMMARY
The applicant, Chick-fil-A, Inc. is requesting site plan review with a variance to permit 77.5 percent
hardcover on a 1.32-acre parcel for a 4,775 square, one-story restaurant building with a drive-thru.
PROPOSED MOTION:
“The Chanhassen Planning Commission recommends that City Council approve the site plan with
a variance for hard surface coverage subject to conditions of approval and adopts the findings of
fact and recommendation.”
Planning Commission
445 West 79th Street – Chick-fil-A – Planning Case 2016-08
April 19, 2016
Page 2 of 16
APPLICABLE REGULATIONS
Chapter 20, Article II, Division 3, Variances
Chapter 20, Article II, Division 6, Site Plan Review
Chapter 20, Article, “BH”, Business and Highway Services District
Chapter 20, Article XXIII, Division 7, Design Standards for Commercial, Industrial and Office-
Institutional Districts
BACKGROUND
City has a purchase agreement for the easterly portion of Lot 2, Block 1, Zamor Addition to Chick-fil-
A to be combined with the property on January 11, 2016.
City approved a 10,000 square foot, one-story, multi-tenant retail building, called the Highway 5
Centre, on July 22, 1996 on a 1.06-acre site, SPR#96-03.
The site was previously occupied by the Prairie House Restaurant Building. The building was
demolished between April 3-10, 1996 to prepare the site for future development.
DISCUSSION
The applicant is requesting site plan review approval for the construction of a one story, restaurant
building with an area of 4,775 square feet and a drive-thru service facility. It is proposed to be
occupied by Chick-fil-A, a fast convenience restaurant. A variance for hard cover is being
requested to permit an increase from 65 percent to 77.5 percent. The site is zoned BH, Highway
Business District and bordered by West 79th Street to the north, Highway 5 to the south, Holiday
Service Station and Great Plains Boulevard to the east, and Chanhassen Inn to the west. Access is
via West 79th Street.
The existing development has a hard cover of 81.9 percent. However, with the expansion of the site
through the acquisition of the easterly portion of the site, it would have a weighted hard cover of
65.8 percent. The proposed development is requesting a variance to have a hard cover of 77.5
percent. Staff is recommending several revisions to reduce the amount of hard cover (landscape
islands and peninsulas with 10-foot inside dimensions, reducing service sidewalk length and
reducing drive-thru entry to one lane), but we do not believe that we can reduce it sufficiently to
meet the ordinance.
Site Constraints
The westerly access to the property is a joint driveway with the Chanhassen Inn. Normally, this
area would serve as a perimeter buffer and landscape area which would help in reducing hard cover.
However, since this serves as access to the property to the west, it cannot be utilized for pervious
surface.
Planning Commission
445 West 79th Street – Chick-fil-A – Planning Case 2016-08
April 19, 2016
Page 3 of 16
Wetland Protection
The City of Chanhassen Wetland Inventory, the National Wetland Inventory, a review of historic
aerial photography and a site visit did not reveal any indications that wetland is present on either
site.
Bluff Protection
There are no bluffs or steep slopes present on the site.
Shoreland Management
The property does not lie within a shoreland overlay district.
Floodplain Overlay
This property does not lie within a floodplain.
ARCHITECTURAL COMPLIANCE
South and West Elevations
North and East Elevation
Planning Commission
445 West 79th Street – Chick-fil-A – Planning Case 2016-08
April 19, 2016
Page 4 of 16
Size Portion Placement
The main entry is located in the southwest corner of the building and is accentuated by a projecting
vestibule that steps down from the parapet of the main structure and is constructed of light beige
colored brick. An aluminum, flat canopy projects over the entrance doors and wraps around the
south side of the building. These type of canopies are also located over service doors.
Material, Color and Detail
The applicant is proposing a two brick colors for the building. The east and north sides of the
building will be predominately light beige (Silverstone) and the west and south elevations will be
predominately reddish brown (Red Velour). The building incorporates three course soldier courses
of red brick for a cornice on the south elevation and a two course soldier course cornice on the rest
of the building and a two course soldier course cornice of beige brick. A band of brick ends is
proposed around the building at a window sill height. The building includes projections of the
building plane as it transitions from one brick color to another
Height and Roof Design
The building height is 21 feet to the top of the parapet, which shall be used to screen the rooftop
equipment. The top of the parapet is capped with a dark bronze aluminum cap. The main entry
parapet height is stepped down from the main building parapet.
The applicant is providing dark bronze, aluminum canopies over all the windows within the red
brick portion of the building. Flat, dark bronze, projecting canopies are proposed over the main
entry, the pick-up window and the service door on the east and west ends of the building.
Facade Transparency
The applicant meets the 50 percent glazing (window) requirements. In the service and storage
areas, such windows will be spandrel glass. The window casing shall be dark bronze aluminum.
Doors shall be painted dark bronze.
Loading areas, refuse area, etc.
Delivery and service door is located in the northeast corner of the building and shall be accessed via
the drive-thru lanes. A sidewalk system leads from this area to the parking lot for refuse movement
to the trash enclosure. The applicant shall investigate the shortening of this sidewalk on its east end
to reduce hard cover. The trash enclosure located on the north end of the parking lot will be
constructed of concrete masonry units covered in a brick veneer to match the building.
Planning Commission
445 West 79th Street – Chick-fil-A – Planning Case 2016-08
April 19, 2016
Page 5 of 16
Lighting
The applicant is proposing light-emitting diode (LED) area lighting throughout the parking lot with
a height of 25 feet 6 inches and a 90-degree cut-off angle. Such lighting complies with city code.
The applicant is also proposing decorative sconce lighting on the building. Such lighting must also
have a 90-degree cut-off, i.e., it may not project upward. They are also proposing mini-wall packs
in the trash enclosure. City code does not permit the use of metal halide so this must be replaced.
There is one spotlight proposed on the east side of the building. City code only permits this type of
lighting for the United States of America flag.
Signage
The applicant is proposing signage on the east, south and west elevations of the building. The
applicant has street frontage on the east, south and north sides of the building which would permit
wall signage on each of these elevations. However, they intend to forgo the wall signage on the
north elevation and locate it on the west elevation instead, which is also their main entrance to the
building. Signage must comply with the standards for Highway and Business Services District and
will require a separate sign permit application and review for each proposed sign. Wall signs shall
use individual dimension letters.
The applicant shows a pylon sign on the south side of the building. This pylon may not be located
within the drainage and utility easement or within 10 feet of the property line. The pylon sign shall
be relocated on the site to comply with city code. The pylon sign may be 16 feet tall with 64 square
feet of display area. Company logos shall not occupy more than 30 percent of the sign display area.
Pylon sign shall use individual dimension letters, at least one-half inch deep.
Site Furnishings
The applicant is proposing a patio seating area on the south side of the building. With the redesign
of the drive-thru beginning with a one lane entry, this patio area may be enlarged. A decorative
fence shall separate the patio from the drive-thru.
Landscaping
Minimum requirements for landscaping at the proposed development include 3,436 sq. ft. of
landscaped area around the parking lot, landscape islands or peninsulas, 13 trees for the parking lot.
The applicant’s proposed as compared to the requirements for landscape area and parking lot trees
is shown in the following table.
Planning Commission
445 West 79th Street – Chick-fil-A – Planning Case 2016-08
April 19, 2016
Page 6 of 16
Required Proposed
Vehicular use landscape
area
3,020 sq. ft. 3,803 sq. ft.
Trees/parking lot 12 trees 12 trees
Islands or
peninsulas/parking lot
6 islands/peninsulas 6 islands/peninsulas
The applicant meets minimum requirements for trees and landscaping in the parking lot area.
Bufferyard Requirements
Landscaping Item Required Proposed
Bufferyard 3 Overstory trees
4 Understory trees
8 Shrubs
7 Overstory trees
0 Understory trees
19 Shrubs
Bufferyard 6 Overstory trees
13 Understory trees
19 Shrubs
5 Overstory trees
0 Understory trees
68 Shrubs
Bufferyard 3 Overstory trees
6 Understory trees
9 Shrubs
3 Overstory trees
3 Understory trees
25 Shrubs
The applicant does not meet bufferyard requirements along the south and east property lines. While
the site provides the minimum required area of landscaping, the space needed to install all required
bufferyard plantings is hindered by utilities and drainage needs. However, additional required trees
could be added. Staff recommends that the south and east buffer yards show additional trees.
The applicant is proposing to remove an 8” oak tree that appears to be on the shared property line,
or possibly off the property. The tree is located very near a gas line and at the very edge of the
grading limits along the northeast property. Staff recommends that the applicant shall preserve the
tree.
The applicant is proposing 2 tree species that should be amended. The first tree in question is the
Norway maple which is not on Chanhassen’s Approved Tree List due to significant insect and
disease issues that affect the long term health of the species. The second tree in question is the
London plane tree which is a zone 5 hardiness that is not sufficiently hardy here in Chanhassen.
The trees are not planted in MN due to low survivability caused by our winter temperatures. Both
of these trees must be replaced with appropriate species selected from the city’s approved tree list.
The applicant shall provide enhanced landscaping to the north of the building. Such landscaping
will occur in the peninsula between the drive-thru and the parking lot as well as in the landscape
islands and the north property line.
Planning Commission
445 West 79th Street – Chick-fil-A – Planning Case 2016-08
April 19, 2016
Page 7 of 16
Lot Frontage and Parking Location
The lot fronts on three public streets: Highway 5, Great Plains Boulevard and West 79th Street. Its
only access is via West 79th Street. Parking is located to the north and west of the building.
EASEMENTS
There are several existing easements on this property as shown on the survey. An existing access
control for MnDOT’s Trunk Highway 5 is along the southern property line. This property is
subject to a cross-easement for parking with the adjacent property to the west. A drainage & utility
perimeter easement for the city was dedicated with the original ZAMOR ADDITION plat.
Several proposed items are shown within the city’s drainage and utility easement, including: both
retaining walls, clearance bar post for the drive-thru and the Chick-fil-A monument sign. These
items must be moved out of the easement or the applicant must enter into an encroachment
agreement with the city after, but concurrent to the site plan agreement.
An additional drainage and utility easement shall be recorded over the two drainage basins located
south of the parking lot.
GRADING AND DRAINAGE
Drainage
The majority of the site drains to the south and west into the MNDOT right-of-way and eventually
reaches Rice Marsh Lake. The proposed site plan generally keeps the same drainage pattern. The
water will be captured and directed to an underground treatment system to meet water quality,
water quantity and rate control requirements. The neighboring property to the west has indicated to
staff in the past that they experience minor flooding in their parking lot during certain rain events.
As designed, it appears that approximately 20 to 25 feet of the entire western parking lot south of
storm manhole 25, will not be captured by the proposed system but will continue to drain onto the
neighboring property. The applicant shall consider modifications to site grading, catch basin
placement or both to minimize to the maximum extent practicable, the amount of runoff leaving the
site in this area.
In order to verify that the grading plan will not cause runoff to flow towards structures, the first
floor elevations of buildings on adjacent lots and the elevation at the corners of the proposed
building shall be shown on the plans.
Existing and proposed elevations shall be shown at each corner of the lot to verify the plan will tie-
in successfully to the grading of adjacent parcels.
Several flow arrows are pointing in directions contrary to the grading contours. The arrows shall be
revised to show a flow pattern consistent with the contours.
Planning Commission
445 West 79th Street – Chick-fil-A – Planning Case 2016-08
April 19, 2016
Page 8 of 16
Erosion Prevention and Sediment Control
When a building permit application is submitted, an erosion control plan consistent with Section
19-145 of city code is required. The proposed development will exceed one (1) acre of disturbance
and will, therefore, be subject to the General Permit Authorization to Discharge Stormwater
Associated with Construction Activity Under the National Pollution Discharge Elimination/State
Disposal System (NPDES Construction Permit). The applicant shall prepare a Surface Water
Pollution Prevention Plan (SWPPP) and submit to the city for approval prior to the issuance of any
grading permits or the commencement of any earth disturbing activities. This SWPPP shall be
consistent with the NPDES Construction Permit and shall contain all required elements as listed in
Parts III and IV of the permit.
The proposed development will exceed one (1) acre of disturbance and will, therefore, be subject to
the General Permit Authorization to Discharge Stormwater Associated with Construction Activity
Under the National Pollution Discharge Elimination/State Disposal System (NPDES Construction
Permit). The applicant has prepared a Surface Water Pollution Prevention Plan (SWPPP) for city
review and approval. Although staff did not observe any obvious deficiencies it is worth reminding
the this SWPPP must be consistent with the NPDES Construction Permit; containing all required
elements as listed in Parts III and IV of the permit. It must also be updated throughout the project.
The SWPPP should note that these are the minimum anticipated best management practices and that
erosion prevention and sediment control measures may need to change as site and weather
conditions change.
The following changes shall be included in the plan set:
Sheet C-3.1 the two swales/basin areas shown on the southern property boundary shall be
stabilized as soon as possible after going on-line but no more than 48 hours afterwards.
Sheet C-5.0 the stabilized construction entrance plan shall be modified to require the
“mountable berm” and shall modify note 2 to reflect MN DOT equivalents.
The silt fence detail shall be changed to indicate metal tee post must be used; wood post are
not acceptable.
The area east of the drive-thru shall be stabilized with erosion control blanket or sod in the time
frame required by the permit.
Retaining Walls
The plans propose construction of two retaining walls. The wall near the southerly property line is
approximately 35 feet long and 2 feet tall. The wall that curves around the sidewalk on the
northeast side of the building is approximately 60 feet long and 2.7 feet tall. Both walls shall be
segmental block retaining walls.
Planning Commission
445 West 79th Street – Chick-fil-A – Planning Case 2016-08
April 19, 2016
Page 9 of 16
PARKING LOT & DRIVE-THRU
The drive-thru aisle contains a 23-car stacking from the entrance to the service window. This is
greatly in excess of the code requirement for 6 car stacking for fast food restaurants. The applicant
is also proposing more parking stalls than City Ordinance requires. These excesses account for a
portion of the hardcover variance request. Please see the section on stormwater management for
staff’s concerns about hardcover and downstream capacity.
The applicant’s engineer shall verify whether an adequate sight line is provided for vehicles exiting
via the eastern site access. Staff is concerned that the pine trees fronting W 79th Street near the
proposed trash enclosure are within the sight triangle for that access. If the trees are an obstruction,
the applicant shall prune the trees to provide adequate sight lines or they may be removed subject to
the approval of the City’s Environmental Resource Coordinator.
A pedestrian route is provided to the proposed building through the drive-thru lanes. The
applicant’s plan shows crosswalk striping and pedestrian crossing signage. Staff recommends use
of MN MUTCD approved signage for these crossings.
The applicant shall follow the accessibility code for the construction as well as all applicable State
and Federal laws.
STORM WATER MANAGEMENT
Article VII, Chapter 19 of City Code describes the required storm water management development
standards. It states that sites must meet the National Urban Runoff Program recommendations of
the National Pollution Discharge Elimination System standards, whichever is more restrictive.
Section 19-141 states that “these development standards shall be reflected in plans prepared by
developers and/or project proposers in the design and layout of site plans, subdivisions and water
management features.” The NPDES requires that 1 inch of runoff is treated for water quality and
that there is a net reduction in runoff volume post-development.
Minnesota has elected to meet this requirement through Minimal Impact Design Standard
guidelines which requires abstraction of 1.1 inch of runoff from all impervious surface. This
standard has been adopted by the Riley-Purgatory-Bluff Creek Watershed District. As well as a
90% reduction in total suspended solids (TSS) and a 60% reduction in total phosphorus (TP). This
water quality standard is consistent with Chanhassen removal requirements.
Planning Commission
445 West 79th Street – Chick-fil-A – Planning Case 2016-08
April 19, 2016
Page 10 of 16
Figure 1. Storm conveyance from subject property
to pond RM-P4.9
The applicant is requesting a variance to exceed the allowed
hardcover. There are known deficiencies in treatment and in
pipe capacity downstream. Even with the assumed 1.1-inch
abstraction, by allowing additional hardcover the proposed
development will likely further burden the system. In
particular, pond RM-P4.9 bounces significantly during most
rain events and is the source of numerous concerned resident
phone calls. This must be considered when determining the
merits of the variance request.
The applicant is proposing to meet these requirements through
the use of a Stormtech SC-310 chamber system underneath the
parking lot. They have calculated the required water quality
volume as 4,091 cubic feet and sized the system to
accommodate this volume. They have assumed an infiltration
rate of 0.06 inches per hour and provided the necessary surface
area to have a presumed draw down time of 48 hours as required.
In reviewing the provided Geotechnical Engineering Exploration and Analysis report dated
February 3, 2016 it was noted that there is significant evidence of reduced conditions in the manner
of grey, gleyed soils as well as oxidation of metals. These are strong indicators that water is present
in the soil for extended periods of time. The report indicates a similar observation in section 7.0.
Given the potential for periodic soil saturation infiltration may not occur at the assumed rate or may
even be contraindicated. The applicant shall do additional subsurface exploration to provide more
substantial evidence that the system will work as modeled. The method of exploration shall be left
to their discretion. In the event the findings indicate that infiltration is not feasible, stormwater
management plans shall be modified accordingly.
The stormwater management report also include the winSLAMM water quality modeling results.
Based upon the assumptions and model inputs the proposed stormwater management practice will
should result in removal of 90% TSS and 87% TP. It should be noted that one of the primary
assumptions is that near surface groundwater will not impede infiltration and that the feature will
achieve an infiltration rate of 0.06 inches per hour. Should the additional subsurface exploration
indicate that these rates cannot be achieved then the pollutant removal rates will be different and
changes must be made to assure adequate removal of TSS and TP.
This system will be private and shall be maintained by the property owner for the duration of its
life. The system shall be placed in a drainage and utility easement. A drainage and utility easement
shall also be recorded over the two drainage basins located south of the parking lot. The applicant
shall prepare an operations and maintenance plan which shall be recorded against the property.
This shall include inspection activities and schedule, anticipated maintenance and schedule and who
is responsible for these activities. The city shall be granted rights to come onto the property to
inspect the facilities during construction and after they have gone on -line. Inspection reports shall
be made available to the City within 30 days of a written request.
Planning Commission
445 West 79th Street – Chick-fil-A – Planning Case 2016-08
April 19, 2016
Page 11 of 16
If the operations and maintenance manual is made for the watershed district this shall be acceptable
provided it includes the aforementioned information and the city is granted site access per above.
The proposed system will discharge into a basin which will drain into the MN DOT system. During
larger rain events, the pipe connecting to the MN DOT system will be full and water will bounce to
the west where it will be picked up by an existing flared end section (FES). This FES discharges
into the same MN DOT structure as the aforementioned pipe. The applicant must evaluate the
downstream conveyance to assure adequate capacity exists. The model shall also be modified to
include the area that drains into ST-41 and the area that drains into ST-6 as basins. There is a short
wall on the north side of the basin that drains into ST-6. The design should be altered to prevent
inundation of base of the wall. The wall should not be within the D&U. If this cannot be done, it
must be clearly stated that the wall is the responsibility of the property owner.
Storm Water Utility Connection Charges
Section 4-30 of code sets out the fees associated with surface water management. A stormwater
utility connection charge shall be due at the time of final plat. These fees are based on land use type
and are intended to reflect the fact that more intense the development type, the greater the
degradation of surface water.
This fee will be applied to the new lot of record being created. It is calculate as shown in the table
below. In the event that abstraction rates change, the credit will be modified accordingly.
Per acre rate Size of new lot in acres Totals
Stormwater
Development Fee
$30,299.00 1.32 $39,994.68
Abstraction Credit 100% of 1.1 inch = 50% reduction $19,997.34
Total due at final plat $19,997.34
PERMITS
Agency
A Minnesota Department of Transportation permit will be required for a drainage permit and work
within the right-of-way.
STREETS, ACCESS AND INTERNAL SITE CIRCULATION
Traffic Analysis
Staff is working with the applicant’s engineer on a traffic analysis for how this proposal will affect
Level of Service (LOS) for the intersections at W 79th Street & Great Plains Boulevard.
Planning Commission
445 West 79th Street – Chick-fil-A – Planning Case 2016-08
April 19, 2016
Page 12 of 16
From the initial analysis, it is expected that substantial queue lengths for the eastbound traffic trying
to enter the Great Plains Boulevard intersection with cause a significant proportion of the traffic to
reroute itself to the Market Boulevard intersection. This is expected to result in better functioning
of the Great Plains intersection, but it will impact the Market Boulevard intersection. Staff has
requested further analysis to include the Market Blvd intersection.
The applicant’s engineer shall also examine ways to mitigate the queueing and decreased LOS.
Examples of mitigation may include but are not limited to signage, off-duty police traffic direction
during opening weeks, and restriping the intersection of W 79th Street & Great Plains Boulevard to
provide a longer left turn queue.
The final traffic analysis and mitigation recommendations are not available at the time of this
report.
UTILITIES
The plan proposes removal of the existing 2” water service and 4” sewer service due to capacity
concerns for the proposed building.
The applicant proposes to tap a new 6” sanitary service line into the existing city-owned 10” sanitary
main that is under W 79th Street. The applicant proposes to tap a new 8” Ductile Iron Pipe (DIP)
waterline into the existing city-owned 10” water main that is under W 79th Street to service the
proposed hydrant and building. Staff recommends using C900 pipe material rather than DIP, due to
soil conditions prevalent in the City of Chanhassen.
The applicant shall coordinate with city staff prior to removal or construction of the services regarding
inspection and traffic control on W 79th Street. The applicant shall retain ownership of the proposed
sanitary service, water service and hydrant constructed on this property.
PARKS & RECREATION
The applicant is proposing a sidewalk connection to the trial within the Highway 5 corridor. No Park
and Trail frees are being collected because there is no subdivision.
Planning Commission
445 West 79th Street – Chick-fil-A – Planning Case 2016-08
April 19, 2016
Page 13 of 16
MISCELLANEOUS
The building is required to have an automatic fire extinguishing system. Building plans must be
prepared and signed by design professionals licensed in the State of Minnesota. Retaining walls
over four high must be designed by a professional engineer and a permit must be obtained prior to
construction. Sanitary and storm sewer service must comply with Minnesota State Plumbing Code
(see Table 701.1). Detailed occupancy related requirements will be addressed when complete
building plans are submitted. The owner and or their representative shall meet with the Inspections
Division as soon as possible to discuss plan review and permit procedures.
COMPLIANCE TABLE
Code Project
Building Height 2 stories 1 story
NA feet 21 feet
Building Setback N - 25' E - 10' N - 180' E - 27'
W - 10' S - 25' W - 99' S – 38’
Parking Stalls 60 stalls 73 stalls
(One space per 80 square feet)
Parking Setback N - 10' E - 10' N - 11' E - 10'
W - 0' S - 10' W - 0' S - 10'
Hard Surface Coverage 65% 77.5% #
Lot Area 20,000 sq. ft. 57,588 sq. ft. (1.32 ac.)
#Applicant is requesting a variance to exceed hard cover.
RECOMMENDATION
Staff recommends that the Planning Commission recommend approval of the site plan for a 4,775
square foot, one-story building with a drive-thru and a variance for hard cover, plans prepared by
HR Green, Inc., dated 02/23/16, subject to the following conditions:
Building:
1. The building is required to have an automatic fire extinguishing system.
2. Building plans must be prepared and signed by design professionals licensed in the State of
Minnesota.
Planning Commission
445 West 79th Street – Chick-fil-A – Planning Case 2016-08
April 19, 2016
Page 14 of 16
3. Retaining walls over four high must be designed by a professional engineer and a permit must
be obtained prior to construction.
4. Sanitary and storm sewer service must comply with Minnesota State Plumbing Code (see Table
701.1).
5. Detailed occupancy related requirements will be addressed when complete building plans are
submitted.
6. The owner and or their representative shall meet with the Inspections Division as soon as
possible to discuss plan review and permit procedures.
Engineering:
1. Several proposed items are shown within the city’s drainage and utility easement, including:
both retaining walls, clearance bar post for the drive-thru and the Chick-fil-A monument sign.
These items must be moved out of the easement or the applicant must enter into an
encroachment agreement with the city after, but concurrent to the site plan agreement.
2. An additional drainage and utility easement shall be recorded over the two drainage basins
located south of the parking lot.
3. Staff has requested further analysis to include the Market Boulevard intersection.
4. The applicant’s engineer shall also examine ways to mitigate the queueing and decreased LOS.
5. The applicant shall and re-stripe the intersection of W 79th Street & Great Plains Boulevard to
provide a longer left turn queue.
6. The applicant’s engineer shall verify whether an adequate sight line is provided for vehicles
exiting via the eastern site access.
7. The applicant shall follow the accessibility code for the construction as well as all applicable
State and Federal laws.
8. The applicant shall coordinate with city staff prior to removal or construction of the services
regarding inspection and traffic control on W 79th Street.
9. Once construction is complete, the applicant shall retain ownership of the proposed sanitary
service, water service and hydrant constructed on this property.
Planning:
1. The applicant shall combine the two parcels as one lot.
2. The applicant shall enter into a site plan agreement with the City and provide the necessary
security to guarantee erosion control, site restoration and landscaping.
3. Wall lighting and the trash enclosure lighting shall compl y with city code.
4. The proposed monument sign shall be relocated on the site to comply with city code.
5. Signage shall comply with city code and requires separate sign permits for each sign.
6. The applicant shall reduce the drive-thru entry width to one lane to add a landscape peninsula in
the southwest corner of the building and to expand the patio area.
7. The applicant shall investigate the shortening of the service sidewalk connecting the building to
the parking lot.
8. The applicant shall provide enhanced landscaping to the north of the building.
Planning Commission
445 West 79th Street – Chick-fil-A – Planning Case 2016-08
April 19, 2016
Page 15 of 16
Landscaping:
1. The applicant shall revise the landscape plan to accommodate more of the required bufferyard
trees in the south and east buffer yard areas.
2. The interior width of all landscape island must a minimum of 10 feet.
3. The 8” oak tree located on plans along the southeast property line must be preserved. Revised
landscape plans shall note the tree as saved.
4. The London plane tree and Norway maple listed in the Plant Schedule shall be replaced with
appropriate species from the city’s Approved Tree List.
Water Resources:
1. The applicant shall consider modifications to site grading, catch basin placement or both to
minimize to the maximum extent practicable, the amount of runoff leaving the site to the west.
2. Sheet C-3.1 the two swales/basin areas shown on the southern property boundary shall be
stabilized as soon as possible after going on-line but no more than 48 hours afterwards.
3. The applicant shall do additional subsurface exploration/investigation to provide more
substantial evidence that the infiltration system will work as modeled. The method of
exploration/investigation shall be left to the applicant and their engineer’s discretion. In the
event the findings indicate that infiltration is not feasible, stormwater management plans shall
be modified accordingly.
4. The Stormtech system shall be owned and maintained by the property owner.
5. A drainage and utility easement shall be recorded over the Stormtech system and the two basins
located south of the parking lot.
6. The design shall be modified to prevent the wall from experiencing inundation. In the event this
is not possible, the D&U shall clearly state that the retaining wall is the sole responsibility of the
property owner.
7. The applicant shall prepare an operations and maintenance manual which shall include a
schedule of inspection as well as anticipated routine maintenance to maintain performance in
perpetuity or until such a time as all parties agree it is no longer necessary. This document shall
include persons responsible for inspections and maintenance and shall be recorded against the
property.
8. The city or their representative shall be granted rights to come onto the property during and after
construction to inspect the facility.
9. Inspection reports and maintenance records shall be made available to the City within 30 days of
receiving a written request.
10. The applicant must evaluate the conveyance downstream to assure adequate capacity exists.
11. The model shall be modified to include the area that drains into ST-41 and the area that drains
into ST-6 as basins.
Planning Commission
445 West 79th Street – Chick-fil-A – Planning Case 2016-08
April 19, 2016
Page 16 of 16
12. Additional detail is needed for the Stormtech system to fully evaluate its efficacy. These
items include elevation of chambers, interconnection between chambers for evaluation of
short circuiting of the system, and elevation of the stone.
13. The applicant shall be responsible for all other agency permits such as MPCA, RPBCWD,
MN DOT, MNDOT, et al.
14. It is estimated that $19,997.34 in stormwater connection fees will be due at lot consolidation.
In the event that infiltration is not allowed, the Surface Water Connection Fee credit
shall be modified to reflect the amount of abstraction achieved on the site. If no
abstraction is achieved the credit shall be $0.00 and the fee due shall be $39,994.68.
15. The applicant shall, as part of the RAP, get guidance from the MN Pollution Control
Agency on whether infiltration would be allowed in the area.
16. In the event that infiltration is not allowed, the applicant must redesign the storm sewer
management system so that the following conditions are met:
17. There shall be no increase in rates leaving the site.
18. Abstraction is achieved to the maximum extent practicable. Other abstraction methods
such as reuse must be evaluated.
19. Water is treated to achieve 90% removal of Total Suspended Solids and 60% removal
of Total Phosphorus.
ATTACHMENTS
1. Findings of Fact and Recommendation.
2. Development Review Application.
3. Chick-fil-A Project Narrative
4. HR Green Variance Letter Request
5. Building Elevation Southwest Perspective
6. Building Elevation Northwest Perspective
7. Building Elevation Southeast Perspective
8. Line of Site Views
9. Floor Plan
10. HR Green Plan Sets: Civil, Landscaping, Lighting and Autoturn
11. Lighting Specifications
12. Anchor Sign Package
13. Letter from Tod Sherman (MNDOT) to Robert Generous dated 4/7/16
14. Public Hearing Notice and Mailing List
g:\plan\2016 planning cases\2016-08 chick-fil-a\staff report chick fil a.doc