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5.b 3 Resolution 05-02-17-02 Big Marine Store CUP AmendmentCITY OF SCANDIA, MINNESOTA PC RESOLUTION NO. 06-16-15-02 APPROVING AN AMENDED CONDITIONAL USE PERMIT FOR THE BIG MARINE STORE LOATED AT 19261 MANNING TRAIL NORTH WHEREAS, Patrick and Patricia Reicherts have applied for an amended Conditional Use Permit to add a new Restaurant/Bar use at the Old Marine Store, located at 19261 Manning Trail North, City of Scandia; and WHEREAS, the property is legally described as follows: All that part of the SW 1/4 of SE 1/4 of Sect 30, Twp 32 N, Range 20 W described as follows: Commencing at the NW Corner of said 40 -acre tract, running thence South 12 rods and 5 feet to a point, thence East at right angles 26 rods to a point, thence North at right angles and parallel with the West line of said tract to the North line of said tract 12 rods and 5 feet, thence West on the North line of said tract to the place of beginning, containing 2 acres, more or less; Also all that part of the NW 1/4 of SE 1/4 of Sect 30, Twp 32 N, Range, 20 W, described as follows, to -wit: Commencing at the SW corner of the said NW 1/4 of SE 1/4, thence East on the South line thereof 26 rods to a point, thence North at right angles 12 feet to a point, thence West at right angles 26 rods to a point on the West line thereof 12 feet North of the SW corner, thence South 12 feet to the point of beginning and together with a permanent prescriptive easement of a "gravel driveway" situated in the County of Washington, State of MN, and legally described as follows ,to -wit: That part of the NW 1/4 of SE 1/4 of Sect 30, Twp 32N, Range 20 W, described as follows: Commencing at the SW corner of said NW 1/4 of SE 1/4; thence North, assumed bearing along the West line of said NW 1/4 of SE 1/4 a distance of 12 feet to the point of beginning; thence north 88 deg 21 min 19 sec East parallel with the South line of said NW 1/4 of SE 1/4a distance of 185 feet; thence north 73 deg 10 min 40 sec West 61.11 feet; thence North 87 deg 06 min 36 sec West 119 feet to the West line; thence South along said West line 26 feet to the point of beginning, subject to a road easement for C.S.A. No. 15 along the West line thereof. Containing 3,395 square feet, more or less; and WHEREAS, the existing Conditional Use Permit was approved by New Scandia Township on October 7, 2003, and amendments were approved to the CUP by the City of Scandia on September 4, 2007; and PC Resolution No. 05-02-17-02: Page 2 of 4 The Planning Commission reviewed the request at a duly noticed Public Hearing on May 2, 2017, and recommended approval of the amended CUP with conditions: and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does recommend approval of an amended Conditional Use Permit to allow a new Restaurant/Bar use at the Big Marine Store, located at 19261 Manning Trail North, based on the following findings: 1. The proposed use is consistent with the goals and policies for uses in the Rural Commercial area in the City's Comprehensive Plan. It will not require new public facilities or impact the City's capital improvement plan. 2. The approval of the CUP depends upon the applicants meeting required conditions for the septic system, well, and traffic impacts that will be generated by the new use. If the applicants meet the conditions and obtain all required permits, the use will not create adverse impacts on the public health safety, morals, comfort or general welfare of the public. 4. The new use will be accommodated with the existing and proposed buildings, and will not affect the use of adjacent properties. The existing buildings and proposed expansion are well -screened from adjacent properties by existing vegetation. The proposed expansion at the rear of the building will not negatively impact adjacent property values or scenic views. 5. The proposed use is an expansion of the existing commercial use on the property. It will not negatively affect the development or improvement of surrounding properties for permitted uses. 6. Adequate public facilities and services are available or can be provided for the new use. 7. The proposed use is consistent with the applicable regulations of the Rural Commercial Zoning District. 8. The use will be required to comply with the conditions of the existing CUP and proposed conditions of the amended CUP in order to meet the general and specific performance standards of the Development Code. FURTHER BE IT RESOLVED, that the following conditions of approval shall be met: The Conditional Use Permit allows for a convenience store with gasoline pumps, a liquor store, an upstairs office or apartment, and a restaurantibar with up to 90 seats. Any change in use shall require a new permit. PC Resolution No. 05-02-17-02: Page 3 of 4 2. The applicants shall submit a final, detail site plan that is drawn to scale and shows the proposed building expansion, parking lots, and related facilities; the existing buildings and facilities; and a drainage and grading plan, lighting plan, and landscape plan. City staff shall approve the plan prior to issuance of a building permit, including verification of lot coverage and that the plan meets the City's parking requirements. 3. The applicants and site plan shall comply with all local, state, and federal permits and requirements for the new and existing uses on the parcel. 4. The applicants shall obtain a building permit for the proposed expansion, and shall stake the location of the building expansion in the field, and the required side setback for verification by the Building Inspector. 5. City staff shall review the final building plans to determine if the proposed building expansion meets the height standard, is consistent with the existing building design and materials, and meets the ordinance and Design Guidelines requirements. 6. The applicants shall obtain County approval and permits for a septic system that will accommodate the proposed use, and shall provide information on the site's current water consumption and waste strength to the County to determine if the current system complies with County standards. 7. Lighting in the canopy over the gas pumps must be recessed, and all new lighting shall meet the requirements of the Development Code. 8. One accessory building is allowed on the parcel. The building shall only be used for storage related to the uses permitted on the parcel. No other business is allowed in this building. Leasing or renting the accessory building for storage or any other use is prohibited. 9. All trash shall be stored inside a building or entirely screened form the road and all property lines. 10. The applicants shall obtain the required permit(s) from the Carnelian -Marine -St. Croix Watershed District, and shall adhere to all conditions of the permit(s). 11. Prior to a certificate of occupancy being issued for the new use, the owner shall contact the City for inspection to assure that all improvements are completed correctly. The expansion cannot be occupied until approved by the City. 12. The applicants shall install and maintain Do Not Enter signs and clearly marked No Parking signage on the north easement access. 13. The applicants shall obtain the required liquor license from the City. 14. The applicants shall obtain permits as required for the storage and handling of flammables. PC Resolution No. 05-02-17-02: Page 4 of 4 15. The applicants shall comply with Washington County's requirements for the road entrances and exits. 16. The signage for the uses shall comply with the City's Development Code. 17. The historic nature of the building shall be retained or enhanced where possible. 18. The expansion shall use the same design and materials as the existing structure. 19. The parking and landscaping on the site shall meet the requirements of the Development Code. If the City finds that there is a shortage of parking spaces when the uses are established, it may require additional parking spaces. 20. The applicants shall meet all requirements of the Development Code, and existing Code violations shall be corrected. 21. This permit shall be reviewed annually. After commencement of the business activities, if the Zoning Administrator determines additional conditions are necessary, they shall be made part of this permit. 22. The applicants shall pay all fees and escrow costs related to the application. Adopted by the Scandia Planning Commission this 2nd day of May 2017. Dan Squyres, Chair ATTEST: Neil Soltis, Administrator/ Clerk