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7.b 1 Conditional Use Permit for Big Marine StoreI -M 0 1;1'10 0 A I The right time. The right people. The right company. MEMORANDUM To: Scandia City Council Neil Soltis, Administrator Copies Brenda Eklund, Clerk To: Patrick and Patricia Reicherts, Agalicants and Owners From: Sherri Buss Date: Mav 9. 2017 SUBJECT: MEETING DATE: LOCATION APPLICANTS: OWNERS: ZONING: 60 -DAY PERIOD: 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 (651)292-4400 (651)292-0083 Fax www.tkda.com Reference: Big Marine Store request for an Amended CUP Proj. No.: 16322.005 Routing: Big Marine Store request for amended Conditional Use Permit (CUP) for expansion for Restaurant/Bar use and Lodging Use May 16, 2017 19261 Manning Trail North Patrick and Patricia Reicherts 11133 189th Street North Marine on St. Croix, Minnesota 55047 Patrick and Patricia Reicherts Rural Commercial Zoning District (R COMM) June 10, 2017 ITEMS REVIEWED: Application and Plans received April 11, 2017 BRIEF DESCRIPTION OF THE REQUEST: The Applicant is requesting an amendment to an existing Conditional Use Permit (CUP) to allow expansion of the uses on the site to include a restaurant and bar and up to 5 lodging units. The subject property is located in the Rural Commercial (R COMM) Zoning District, and includes 2.12 acres. The applicant added a request to add a lodging (hotel/motel) use for 5 lodging units to the uses included in the CUP on the date of the Planning Commission meeting. This report discusses the requirements for that use, and it is included in the Planning Commission's recommendations. The changes in the staff report are in bold text. BACKGROUND: The City granted the original Conditional Use Permits for the Big Marine Store in 2003, and it was amended in 2007. The amended permit allowed a convenience store with gasoline pumps, a liquor store (off -sale), An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Big Marine Store CUP Amendment Page 2 May 16, 2017 Scandia City Council and an upstairs office or apartment. The upstairs area is currently used as an office. The permit specifies that any change in use requires a new CUP. The current application requests an expansion of the building and parking area and proposes the addition of a new Restaurant/Bar use, which would require a new on -sale liquor license by the City, and five new lodging units. (The sketch submitted with the application shows a separate building, but the applicants' plan is to expand the existing building. The "proposed addition" shown on the sketch was not built.) The applicants estimate that the restaurant/bar will include 90 seats. The indicated that the expansion may occur in phases. The Planner has combined conditions for this permit with the relevant conditions from the original CUP and past amendment for approval of the new amended CUP. CRITERIA FOR GRANTING A CONDITIONAL USE PERMIT (CUP) The City's Development Code identifies the general and specific criteria that should be considered for evaluating a CUP request and granting a CUP or amendment. The Code indicates that the criteria that the Planning Commision shall consider include the following: • Compliance with the Comprehensive Plan. • The proposed use will not be detrimental to or endanger the public health, safety, morals or comfort. • The use will not be injurious to the use and enjoyment of adjacent properties, or substantially diminish and impair property values or scenic views. • The use will not impede the normal and orderly development and improvements of surrounding properties for permitted uses. • Adequate public facilities and services are available or can be provided. • The use shall conform to the regulations of the zoning district and Development Code. • The use complies with the general and specific performance standards in the Development Code. The sections that follow evaluate the proposed request based on the Development Code criteria. DETAILED EVALUATION OF THE REQUEST: Comprehensive Plan The Rural Commercial (R COMM) Zoning District was established to provide locations for commercial uses and development in locations of historic commercial activity in Scandia on lots that are at least 2 acres in size. The Comprehensive Plan notes that because the district builds on the historic character of existing uses, the building design should reflect the historic nature of the commercial node. The Big Marine Store was identified as a historic commercial location in the 2030 Comprehensive Plan. The applicants have not provided a final building plan, but they indicate that the building expansion will be similar in design and materials to the existing historic building. The applicants provided a sketch of the proposed addition and elevations at the Planning Commission meeting. The Planner has included a proposed condition for approval of the CUP that the building expansion should be consistent with the design and materials of the existing building to be consistent with the policies of the Comprehensive Plan. The expansion of the commercial use is consistent with the goals of the Comprehensive Plan. Lot Size and Frontage The minimum lot size in the R COMM District is 2.0 acres and the minimum frontage is 160 feet. The subject parcel includes 2.12 acres, with frontage of approximately 200 feet on Manning Trail North. The request meets the lot size and frontage requirements. Big Marine Store CUP Amendment Page 3 May 16, 2017 Scandia City Council Setbacks The R COMM District structure setback requirements are: front yard of 40 feet, side yard of 20 feet, and rear yard of 50 feet. The existing use was granted a variance from the front and side setback requirements in 2003 based on its historic location. The site plan sketch indicates that the proposed expansion would meet the setback requirements. The Planner has included a condition that the proposed building expansion should be staked in the field, and the required side setback should be verified by the Building Inspector. Accessory Structures The Development Code permits one accessory structure per parcel for commercial uses, provided it is used for storage related to the principal use on the property. The accessory building must be placed to the rear of the primary structure, and may not exceed 35 feet in height. The proposed site plan indicates that the existing accessory building will be removed, and no new accessory building is proposed. Lot Coverage The maximum allowable lot coverage is 65% in the R COMM District. The existing impervious coverage on the parcel (buildings, pavement, and compacted gravel) is approximately 40%, based on the Planner's calculations using a current aerial photo. The proposed building expansion and parking lot would increase the coverage to approximately 50%. The City should verify that the lot coverage on the final site plan meets the ordinance reauirement. Access and Traffic The property has an existing driveway access to Manning Trail North. No change in access is proposed for the expansion of the buildings. The Planner sent the application to Washington County and the City Engineer for any comments on access and traffic based on the proposed new use. The County indicated that it would provide comments prior to the Council meeting. Parking and Loading Chapter 2, Section 3.10 of the Development Code regulates parking. The Code requires the following: • Retail uses require a minimum of 4 parking spaces for every 1,000 square feet of gross floor area. • Restaurants and bars require a minimum of 1 space for every 2.5 seats based on the capacity proposed in the design. • Hotels and motels require 1 parking space per lodging unit plus 1 parking space per employee. • Parking areas must have driveway access and not directly from a public street, and must provide fire access lanes. • Lighting in the parking lot must meet the Lighting requirements of the Development Code. • Parking areas with 4 or more spaces must be striped, and must have concrete curbs and gutters if required by the City Engineer. Curbs must be at least 10 feet from the property line. • Parking for loading areas and maneuvering may not block parking stalls, access drives, or fire lines. • Parking dimensions must meet the ordinance requirement. The existing retail store includes approximately 2500 square feet, which requires 10 parking spaces. The proposed restaurant/bar use requires 36 parking spaces. The proposed lodging units require five parking spaces (assuming these units will use the same employees as the other uses on the site.) The proposed use therefore requires 51 parking spaces, drive lanes and parking facilities that meet the dimensional requirements and performances standards in the Development Code. This would be a significant expansion of parking on the site. The applicants shall provide a final site plan that shows a Big Marine Store CUP Amendment Page 4 May 16, 2017 Scandia City Council parking lot area(s), number of spaces that meet the code requirements and ADA requirements, and parking lot design that meets the Code requirements for review by the City Engineer. The applicant shall also provide a drainage and stormwater plan for the parking areas, and will require a watershed district permit for the expanded impervious area. The City Engineer provided additional comments regarding the parking requirements and relationship of parking to stormwater management on the site. His comments included the following: • Curb and gutter may not be required for the parking area expansion of it is not needed; however it may be needed to manage stormwater drainage on the site. With the additional impervious area, they will need to move forward cautiously with drainage and where the drainage is being directed. Curba and gutter may help direct eh flows where they need to go to meet watershed rules and requirements. The site plan will need to identify drainage from the parking lots and how it will be managed to meet Watershed District requirements. • Drainage and utility or overflow easements are likely to be needed as part of the stormwater plan. • The need to expand the septic system may affect the green space available on the site for stormwater management, and this needs to be considered in developing the site plan. Lighting The Development Code, Chapter 2, Section 3.9 addresses lighting standards. Luminaires must cut light off at an angle of 90 degrees or less. A light attached to a building may not exceed the height of the building. The Ordinance requires that lights be setback a minimum of 10 feet from the right of way and 5 feet from the side and rear lot lines. The maximum height of light poles is 25' (under the revised Development Code the maximum height is proposed to be 18'). The existing and proposed lighting for the building expansion and parking areas are not shown on the plans. The existing lighting meets the requirements of the 2007 CUP. The Planner has included a condition that anv additional liahtina must be shown on the final site plan and shall meet the Code standards. Building Height and Materials The maximum building height is 45 feet in the R COMM District. The applicants have not provided a building plan or elevations for the building expansion. The building expansion shall meet the height requirement of the Development Code. The application indicates that the design and materials of the expansion will match the existing buildings. City staff and the Planning Commission shall review the final building plans to determine if the proposed design and materials are consistent with the existing building and meet the ordinance and Design Guidelines requirements. Landscaping and Screening Scandia Development Code, Chapter 2, Section 3.12 requires a landscaping plan when a commercial building is modified or expanded or when there is a change in use on the site. The Code requires that Commercial/Industrial land uses provide the greater of one (1) tree per 1,000 square feet of gross building floor area or 10 trees. Based on this requirement, the building when expanded will require 10 trees. Big Marine Store CUP Amendment Page 5 May 16, 2017 Scandia City Council The Code also requires that the front, side and rear yards facing the right-of-way shall be treated with a ground cover material, such as a lawn, and that a minimum five-foot strip from the building walls facing a public right-of-way shall be treated with a decorative ground cover or foundation plantings. The proposed trees identified on the site plan meet the ordinance requirement. The applicants shall include a landscaping plan with the the scientific and common names of plant species, plant numbers, spacing, and plant sizes as part of the final site plan for approval by City staff. Wastewater Treatment The Planner sent a copy of the application to Washington County's Health Department for review and comment. Pete Ganzel of the Health Department provided the following comments: "The system installed in 2003 was designed for a convenience store (with a liquor store on the front) and an apartment unit on the second floor (now an office). The design was for a maximum water use of 600 gallons per day. In addition, it was assumed that the waste would be of domestic strength. A restaurant with 90 seats can be estimated to generate between 1800 to 4500 gallons per day with the likelihood of that being high strength waste. High strength waste will require pretreatment to reduce the strength to domestic levels (<125mg/L CBOD) in addition to a method of excess grease removal. A design for system modifications should be submitted for county approval. This design should show adequate area for long term sewage treatment (a secondary area). The current use of the building may be stressing the existing system. For continued use under the extant CUP (or renewal), water consumption should be determined as well as a waste strength sample conducted. " The Planner included conditions requiring that the applicants shall obtain County approval of a septic system that will accommodate the proposed uses, and that the applicant shall provide information on the current water consumption and waste strength to the County to determine if the current system complies with County standards. Land Alteration, Grading, and Stormwater Management The Planner sent a copy of the application to the City Engineer and Carnelian -Marine Watershed District (CMSCWD) for review. The Engineer noted that the proposed parking expansion will need to meet Watershed District requirements and obtain required permits. He stated that the final site plan should include a drainage plan, erosion control plan, and maintenance plan that meet the City and District's requirements. Jim Shaver, the Watershed District Administrator, attended the site visit for the application, and noted that the project plans need to incorporate best management practices to address the stormwater management requirements, and that the project will require a District permit. The District provided an updated comment letter to the City on May 8. The Planner has included a condition that the applicant shall submit a drainage plan with the final site plan, and shall obtain a grading permit from the City and any Watershed District permit(s) that are required for the proposed expansion. Signage No additional signage is proposed. New or modified signage would need to meet the Development Code standards. Big Marine Store CUP Amendment Page 6 May 16, 2017 Scandia City Council Proposed Lodging Use The applicants indicated that they may be interested in including 5 lodging units within the existing building as part of the expanded use proposed for the site. Hotel and motel uses are allowed used in the R COMM district. The applicant would need to meet any state or local licensing requirements for this use. The Development Code does not have specific performance standards for the lodging use. The parking requirements for the use are addressed in the "Parking and Loading" section and proposed conditions. Other requirements The new use will need to obtain a city permit for on-site liquor sales. The uses will need to meet the conditions approved in the previous CUP that are still applicable. The Planner has included the relevant conditions from the Drevious CUP's in the amended CUP. EVALUATION OF THE CUP CRITERIA The general criteria for evaluating Conditional Use Permits are listed in italics and the Planner's evaluation of the proposed use based on the conditions follows in standard text. • The conditional use will be in compliance with and shall not have a negative effect upon the Comprehensive Plan, including public facilities and capital improvement plans. The proposed use is consistent with the goals and policies for uses in the Rural Commercial area. It will not require new public facilities or impact the City's capital improvement plan. • The establishment, maintenance or operation of the conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. 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. • The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted nor substantially diminish and impair property values or scenic views. 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 and the conditions require the addition of a new fence. The proposed expansion at the rear of the building will not negatively impact adjacent property values or scenic views. • The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 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. Big Marine Store CUP Amendment Page 7 May 16, 2017 Scandia City Council • Adequate public facilities and services are available or can be reasonably provided to accommodate the use which is proposed. Adequate public facilities and services are available or can be provided for the new use. • The conditional use shall conform to the applicable regulations of the district in which it is located and all other applicable standards of this Chapter. The proposed use is consistent with the applicable regulations of the Rural Commercial Zoning District. • The conditional use complies with the general and specific performance standards as specified by this Section and this Chapter. 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. PLANNING COMMISSION PUBLIC HEARING, DISCUSSION, AND RECOMMENDATIONS The Planning Commission held a public hearing on the Amended CUP request at their meeting on May 2. Several residents provided comments: • A neighbor to the south indicated that she is opposed to expansion of the use on the site to include the bar/restaurant. She is concerned about the impacts of car lights, noise, and traffic on the 2 -acre site. She requested a fence on the common boundary to help to manage the impacts. • Several other residents in the area noted that they support the proposed expansion, and an additional restaurant in Scandia. • A resident suggested that any needed traffic improvements should be completed before the restaurant opens • A resident and Commission member expressed concerns regarding the "conceptual" character of the plans, addition of a new proposed use at the meeting, and recommended that the Commission table the request and provide more detailed plans for the proposed expansion. Commission members asked about the process and potential for approval of the on/off sale liquor license for the expansion and City staff provided information about the process. Commission members also discussed potential traffic issues and options, the need for review of architectural plans in light of the City's Design Guidelines, and options for fencing and screening to address neighbor concerns. The Commission recommended several additions to the proposed conditions, including: • The owners shall install a 6' solid privacy fence from the right-of-way near Manning approximately 250' to the east to screen the neighbor from headlights and other potential impacts, and to prevent patrons from "wandering" onto the adjacent property. The City Engineer should review the fence location to preserve site lines for cars entering and exiting the driveway. • The Planning Commission shall review the building plans, lighting, fencing and other site elements for compliance with the Scandia Architectural Design Guidelines. • No outdoor amplified music is permitted unless the owners obtain a Special Event permit from the City. The Commission recommended approval of the CUP with the revised conditions to the City Council. Big Marine Store CUP Amendment Page 8 May 16, 2017 Scandia City Council ACTION REQUESTED: The City Council can take the following actions: 1. Approve the request. 2. Approve the request with conditions. 3. Deny the request with findings. 4. Table the request. PLANNING COMMISSION RECOMMENDATIONS: The Planning Commission recommends approval of the amended Conditional Use Permit to permit the expansion of the building and facilities at 19261 Manning Trail North to add the Restaurant/Bar (up to 90 seats), up to five hotel units, and the facilities that are required to support those uses. The Commission recommends the following conditions: 1. The Conditional Use Permit allows for a convenience store with gasoline pumps, a liquor store, an upstairs office or apartment, a restaurant/bar with up to 90 seats, and up to five hotel units. Any future change in use shall require a new permit. 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 detailed drainage and grading plan, lot coverage, drainage and utility easements, lighting plan, and landscape plan. The site plan shall include the number of parking spaces that meet the ordinance requirements, ADA requirements, and stormwater requirements, and the parking lot design shall be reviewed by the City Engineer. City staff shall approve the plans prior to issuance of a building permit, including verification of lot coverage and that the plans meet 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. The Planning Commission 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 the Scandia Architectural 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. The applicants shall install a 6' solid privacy fence from the right-of-way near Manning approximately 250' to the east along the southern property boundary to screen the neighbor from potential impacts of the expansion. 8. No outdoor amplified music is permitted unless the owners obtain a Special Event permit from the City. Big Marine Store CUP Amendment Page 9 May 16, 2017 Scandia City Council 9. Lighting in the canopy over the gas pumps must be recessed, and all new lighting shall meet the requirements of the Development Code. 10. 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. 11. All trash shall be stored inside a building or entirely screened form the road and all property lines. 12. 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). 13. 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. 14. The applicants shall install and maintain Do Not Enter signs and clearly marked No Parking signage on the north easement access. 15. The applicants shall obtain the required liquor license from the City. 16. The applicants shall obtain permits as required for the storage and handling of flammables. 17. The applicants shall comply with Washington County's requirements for the road entrances and exits. 18. The signage for the uses shall comply with the City's Development Code. 19. The historic nature of the building shall be retained or enhanced where possible. 20. The expansion shall use the same design and materials as the existing structure. 21. The 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. 22. The applicants shall meet all requirements of the Development Code, and existing Code violations shall be corrected. 23. 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. 24. The applicants shall pay all fees and escrow costs related to the application. %44 Carnelian -Marine -St. Croix Watershed District Scandia Plaza II.21150 Ozark Avenue • P.O. Box 188 • Scandia, MN 55073 • Tel 651.433.2150 May 8, 2017 Ms. Sheri Buss TKDA Engineering 400 Cedar St., #1500 St. Paul, MN. re: CMSCWD Comments C17-003 Richerts Big Marine Store CUP Amendment Dear Ms. Buss: Please disregard the comments I sent to you on May 1St regarding the matter above. I met with members of the Planning Commission on May 2nd to clarify those comments also. The Watershed District does not have any specific comments regarding the CUP Amendment. If the additional uses for this site are allowed by the Amendment, a CMSCWD Permit will be required for any improvements to the property that result. The stormwater facilities required by the District's rules will mitigate the impact of additional impervious surface added by the project. The District will require a performance evaluation of the existing stormwater management system on site, modifications as needed to meet the original requirements of our previous permit for the location as well as the requirements under our current rules for the proposed project. I anticipate that there will be other conditions including but not limited to erosion control also. Thank you for the opportunity to comment on this project and do not hesitate to contact me with any questions. Sincerely, Jim Shaver cc: Pat Richert Neil Soltis Carl Almer Applicant Scandia City Administrator Emmons and Olivier Rsources e-mail JShaverkCMSCWD.org website www.CMSCVVD.org