1, 7

STAFF REPORT
To: Municipal Planning

Prepared By: Ronald M. Traub, Director

Commission

Economic & Community Development

Meeting Date:

September 24, 2015

Applicant:

Kuan Chen for Panda Express, Inc. and Evan Berlinger for F I Mentor 1 LLC

Status of Applicant: Business Owner and Property Owner

Requested Action:

Conditional Use Permit & Preliminary Site Plan

Purpose:

To construct a one-story 2,720 sq. ft. restaurant with drive-thru window.

Existing Zoning:

B-2, General Business

Parcel ID Number:

16-A-026-0-00-057-0

Location:

9184 Mentor Avenue

Size:

Proposed 2,720 sq. ft. restaurant on a 0.47-acre site.

Existing Land Use: Undeveloped

Surrounding Land
Use and Zoning:

North: multi-tenant retail; zoned B-2, General Business

East: Chipotle restaurant; zoned B-2, General Business
South: Kmart; zoned B-2, General Business
West: Five Guys restaurant, Applebees restaurant; zoned B-2, General Business

Zoning History:

The retail center was developed in 1993 on the site of the former Mentor Drive-In with
the Kmart Super Center and an adjacent multi-tenant retail complex to the west. The
outlots were created as part of the site development plan of the retail center. Five Guys
was constructed in 1993, originally as a KFC, Applebees in 1994 and Chipotle
Mexican Grille was constructed in 2007. In January of 2007, the Commission
approved a Conditional Use Permit (CUP) for a drive-thru window for a Burger King
restaurant and a CUP for an outdoor patio for Chipotle. Preliminary site plans were
approved for both restaurants although the Burger King site was never constructed.

Applicable
Regulations:

1133 Site Development Plans

1155.01 Schedule of District Regulations (l)
1162 Landscaping, Screening and Buffering
1162.07 Location Standards (3)

/var/www/apps/conversion/tmp/scratch_7/288795546.docx

CUP 9-15-6122, SITE-09-15-6123

1173.09 Parking Setback from Right-Of-Way

Public Utilities: All utilities are available on site

Engineering Comments:
BUILDING
{B6*} A Building Permit is required for new buildings. Plans shall be submitted for permit review by the
Chief Building Official for conformance with the Ohio Building Code and necessary permits obtained.
STORMWATER/SUBDIVISION
{ST6}* Stormwater detention provided for site in Mentor Commons. Therefore, no additional detention
required. Provide as-built plan of existing facility to confirm conformance to design.

{ST18} Erosion control plan including schedule for installation to be included in construction plans. (Refer to
Chapter 1353 of the Mentor Code of Ordinances) Plans to include City of Mentor standard SWP3 notes
available at www.cityofmentor.com/live/storm-water-info/storm-water-management.
CIVIL/SITE
{CS1} Final site plan to conform to City standards (available upon request) as part of next submittal.
{CS20} Pavement open cut proposed for gas and sanitary connections on Mentor Ave. will require approval
from Mentor City Council. Right-of-way permit and Council approval to be coordinated through City
Engineering Department.
{CS13} Proposed asphalt pavement shall have a 1% minimum grade and concrete pavement shall have a 0.5%
minimum grade.
{CS15} All existing cracked, and/or damaged, substandard sidewalk along front property line shall be replaced.

Modify pavement and sidewalk details on Sheet C.1 to be legible.

TRAFFIC
(C6) Handicap parking with van accessibility and curb ramps shall be provided and be designed in
accordance with Chapter 11 of the Ohio Building Code. Handicap signing and mounting heights shall be
detailed on the plans. Signs shall be mounted to a 7 height to bottom of sign.

Applicant shall provide written confirmation and plan modifications with next submittal as to the disposition
of each of the above comments.
Fire Department Comments:
/var/www/apps/conversion/tmp/scratch_7/288795546.docx

CUP 9-15-6122, SITE-09-15-6123

No Comments

Police Department Comments:

No Comment

Analysis: The applicant proposes to construct a 2,720 sq. ft. Panda Express Restaurant with a drive-thru
window and outdoor patio at 9184 Mentor Avenue. The site is the westerly outlot that was
developed as part of the Mentor Commons Shopping Center and is zoned B-2, General Business.
The easterly outlot was developed for a Chipotle Mexican Grill. Both outlots were underutilized
parking areas of the Mentor Commons Shopping Center. The parking analysis included as part of
the preliminary site plan submission for the restaurant uses (Burger King & Chipotle) reduced the
parking ratio from 5.6 spaces per 1,000 sq. ft. (1,682 spaces) to a ratio of 5.37 spaces per 1,000 sq.
ft. (1,641 spaces) which exceeds the parking ratio for a planning shopping center. As part of the
building permit for the Chipotle restaurant, the City was provided with a record copy of reciprocal
ingress, egress, access, and parking for vehicular or pedestrian property across on common areas of
the shopping center.
The proposed building is set back 35 ft. from the front property line, 16 ft. from the west side line,
100 ft. from the east side line, and 30 ft. from the rear line. The building setbacks exceed the
minimum setback requirements established for the B-2, General Business district.
The restaurant has a drive-thru window located on the west side of the building. Per Chapter
1155.01 Schedule of District Regulations (l), drive-thru windows are conditionally permitted in the
B-2, General Business district. A 12-ft. wide access drive loops around the north side of the
building and exits along the west side of the building. The drive-thru lane provides for stacking of
seven (7) vehicles, but does not include a by-pass lane or plans for short-term parking for customers
who may have to wait for their orders. It may be appropriate to include a condition that some of the
parking spaces at the front of the building be designated as drive-thru waiting spaces. The proposed
hours of operation of the restaurant was not provided, although other Panda Express franchises are
open from 10:00 A.M. to 10:00 P.M. daily.
Access to the outlots is from three (3), 24-ft. wide access drives onto ring road for the shopping
center. The Panda Express site provides for 24 parking spaces, two (2) of which are handicapped
accessible. The Chipotle outlot has 27 parking spaces. Separate parking calculations are not
required for food and beverage uses located within a planning shopping center with a parking ratio
of 4.5 spaces per 1,000 sq. ft. Parking spaces may be required to be used from the Kmart parking
lot for the restaurants use, which is provided in the reciprocal easement for ingress, egress, access
and parking. It may be appropriate to stripe a crosswalk across the ring road in order to provide a
centralized access point from the parking lot to the restaurant.
The site plan indicates a sidewalk will be extended from the existing sidewalk on Mentor Avenue
across the drive-thru lanes to the front of the Panda Express sidewalk. The Administration is
recommending that the proposed sidewalk connection be eliminated, as none of the other outlot
uses has a similar connection. Such sidewalk connections could detract from the existing landscape
plantings located in the front setback along Mentor Avenue, and it may not be permitted due to it
crossing property owned by Meijer Stores Limited Partnership.
/var/www/apps/conversion/tmp/scratch_7/288795546.docx

CUP 9-15-6122, SITE-09-15-6123

An outdoor patio is proposed to be located at the buildings northeast corner. The applicant is
advised that per Chapter 1155.01 Schedule of District Regulations (l), Conditional Uses Permits
(CUPs) are required for outside dining and drinking; a CUP will be required as part of the final site
plan submittal. The patio plan shall provide for protection of the patio area from the parking lot and
drive-thru lane access drive with bollards and fencing. Details should also be provided on the patio
furniture, including any table umbrellas.
The site plan indicates the existing catch basins within the parking area are to be utilized.
Stormwater detention is provided just west of the site within Mentor Commons. Per the City
Engineers request, provide an as-built plan of the existing facility to verify conformance to the
design.
The applicant has provided basic renderings of the building indicating it will be constructed of
masonry/stone along with horizontal siding and E.F.I.S. texturing. Door access ways and the drivethru window will include an aluminum canopy. Any rooftop HVAC units are required to be fully
screened from off-site views with a parapet wall or individual screens. The applicant should
provide the Commission with a color rendering at the meeting to allow for review comments on the
preliminary building elevations. A sample board of the building materials is required for
Commission review as part of the final site plan submittal.
The landscape plan provides for deciduous shrubs and ground cover at the front and rear of the
proposed building. Three (3) American Yellowwood trees are located within the landscape islands;
two (2) at the rear of the building and one (1) adjacent to the drive-thru lane and parking lot. The
plan indicates rock mulch (native cobblestone) will be used within the landscape islands. The
Administration is recommending the painted parking island be constructed as a landscape island
with two (2) shade trees. The applicant is advised that an underground irrigation system is required
to be submitted as part of the final site plan and shall be in conformance with Chapter 1162
Landscaping, Screening and Buffering. A landscape bond in the amount of 100 percent of the cost
of the plant material and cost of installation is required prior to the issuance of a building permit.
A trash enclosure is located at the south side of the building. The final site plan or landscape plan
shall provide for construction details of the enclosure which shall be constructed from matching
masonry units with a self-closing gate.
A photometric plan indicating the level of lighting at the property line is required per Chapter 1169
Outdoor Lighting as part of the final site plan review. The level of lighting at the property line shall
not exceed 11 lux and only fully shielded light fixtures are permitted. A detail cut sheet shall be
provided for all outdoor lighting fixtures.

Conditions CUP:
1. The applicant shall provide the City with a plan detailing how drive-thru window customers that may have
to wait for their orders will be handled since there is no by-pass lane associated with the drive-thru window.
Conditions Prelim:
2. The applicant shall provide written confirmation as to the disposition of each of the City Engineer's
comments which shall be included as parts of any final site plan submittal.
/var/www/apps/conversion/tmp/scratch_7/288795546.docx

CUP 9-15-6122, SITE-09-15-6123

3. The proposed sidewalk extension from the existing sidewalk along Mentor Avenue to the building shall be
eliminated.
4. A Conditional Use Permit for the proposed outdoor patio shall be submitted with the final site plan
submittal.
5. A landscape plan in conformance with Chapter 1162: Landscaping, Screening and Buffering shall be
submitted as part of the final site plan application and shall include an underground irrigation system.
6. The painted parking lot island shall be reconstructed as a landscape island with the installation of two (2)
shade trees.
7. The final site plan or landscape plan shall provide construction details on the trash enclosure which shall be
constructed from matching masonry units with a self-closing gate.

Exhibits:

Site Plans, Floor Plan, Building Elevations, Landscape Plan, GIS Map

/var/www/apps/conversion/tmp/scratch_7/288795546.docx

CUP 9-15-6122, SITE-09-15-6123