4. Staff report-Big Marine Store CUP PC 04.07.20
MEMORANDUM
To: Scandia Planning Commission Reference: Big Marine Store request for an
amended CUP
Ken Cammilleri, Administrator
Copies To: Brenda Eklund, Clerk
Patrick Reicherts, Applicant and Owner
From: Merritt Clapp-Smith, City Planner Proj. No.: 17722.000
Date: April 2, 2020 Routing:
SUBJECT: Big Marine Store request for amended Conditional Use Permit (CUP) for expansion
to add Hotel rooms and bar/restaurant service
MEETING DATE: April 7, 2020
LOCATION: 19261 Manning Trail North
APPLICANTS: Patrick Reicherts
11133 189th Street North
Marine on St. Croix, Minnesota 55047
OWNERS: Patrick and Patricia Reicherts
ZONING: Rural Commercial Zoning District (R COMM)
60-DAY PERIOD: May 4, 2020
ITEMS REVIEWED: Application and Plans received March 6, 2020
BRIEF DESCRIPTION OF THE REQUEST:
The Applicant is requesting an amendment to an existing Conditional Use Permit (CUP) to allow a building
addition and parking lot expansion, to accommodate the addition of a bar and restaurant, and to use the
second floor for up to five (5) hotel rooms. The subject property is 2.12 acres in size. The applicant had a
similar CUP amendment approved by the City Council in 2017 but did not act on advancing any activities of the
CUP and therefore, the amended CUP expired after one (1) year.
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BACKGROUND:
The City granted the original Conditional Use Permit for the Big Marine Store in 2003, and it was amended in
2004, 2007 and 2017. The 2017 amended CUP, which has since expired, allowed a convenience store with
gasoline pumps, a liquor store (off-sale), an upstairs office or apartment, a 90-seat restaurant, and up to 5
hotel units.
The applicant applied again for an amended CUP in 2018, which was approved, but again the work did not
commence within one (1) year and therefore the approved amendment expired.
Two key issues that have complicated advancing the project are:
1. Updating the septic with increased capacity to serve the restaurant use; and
2. Designing an effective stormwater management system to contain and filter the increased runoff
produced by the addition of more impervious surface area on the site.
This report includes recommendations for the current permit, as well as conditions from previous CUP permits
that are still relevant.
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 Commission shall consider:
• Compliance with the Comprehensive Plan.
• Compliance with the Development Code.
• Compliance with the required criteria for issuance of a Conditional Use Permit.
EVALUATION OF COMPREHENSIVE PLAN COMPLIANCE:
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 City’s 2040 Comprehensive Plan.
The application includes proposed building elevations and identifies exterior materials to be used. The plans
state that the “Design intent is for new addition exterior materials to match existing building materials in shape
and colors – as far as possible and practical.”
The expansion of the commercial use is consistent with the goals of the Comprehensive Plan. 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
and Scandia Architectural Design Guidelines.
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EVALUATION OF DEVELOPMENT CODE COMPLIANCE:
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 is 2.12 acres, with 200 feet of frontage on Manning Trail North. The request meets the lot size and
frontage requirements.
Setbacks
The R COMM District structure setback requirements are:
• front yard - 75 feet from the right-of way of an arterial roadway (Manning Trail)
• side yard - 20 feet
• rear yard - 50 feet
The existing use was granted variances from the front and side setback requirements in 2003 based on its
historic location. The variances permitted:
• front yard setback of 40 feet from the existing roadway
• side yard setback of 7.5 feet
The proposed site plans do not propose expansion of the building or parking areas that would further encroach
into the setback areas from current nonconforming setbacks.
Septic tanks must be 50 feet from adjacent property lines. The submitted plans do you show the proposed
location of the new septic system. The location of the proposed septic system should be indicated on the
plans.
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 plans do not include new accessory buildings.
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 42.6% based on the stormwater analysis submitted with
the plans. The proposed building expansion and parking lot would increase the coverage to 58.6%. The
proposed impervious cover meets the ordinance requirement.
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. At the time this staff report was submitted, Washington County had not yet
commented. Following are comments from the 2018 CUP review.
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Washington County’s comments on the 2018 CUP submittal stated:
• “As we noted on the previous CUP amendment [2017] request, it would be desirable to have
dedicated center left turn lanes along CSAH 15/Manning Trail at both County Road 50 and at the Big
Marine Store access. However, it is not feasible due to the close spacing between the two access
points.
• “A Washington County Access Permit is required if there is any work (i.e. utilities, grading) with the
county right-of-way. The property owner should contact Carol Hanson, County Right-of-Way Specialist
for submittal of any permits.”
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/motels require 1 parking space per unit plus a space for an 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 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.
• Parking areas must meet the requirements of the Development Code: “Parking lots designed for 15 or
more parking spaces shall provide landscaped areas dispersed throughout the parking lot. Commercial
parking lots with more than 4 parking spaces and within 30 feet of residential parcels must be screened
along the boundary of the residential property. Screening may consist of earth mounts, berms, fences
and walls, and/or plant materials that block direct visual access. Required screening for parking areas
shall provide a 100% opaque screen not less than 4 feet in height.”
The existing retail store includes approximately 2,500 square feet, which requires 12 parking spaces. The
proposed restaurant/bar use proposes 90 seats, which requires 36 parking spaces. The five (5) hotel/motel
units require 5 parking spaces. Therefore, the total required parking is 53 spaces, in addition to drive lanes and
parking facilities that meet the dimensional requirements and performances standards in the Development
Code. The site plan shows 50 parking spaces. The plans do not indicate curbs. If the City Engineer requires
curbing, it should be added to the plan, and must meet the setback requirements.
The Engineer’s comments regarding the proposed parking areas include:
a) Gravel driveway access on north side of property shall be included in the bituminous paving limits
b) Pedestrian sidewalk improvements along building shall meet ADA standards. There are no elevations
on the plans to review this.
c) The site will no longer have handicap parking spaces adjacent to the building. All handicap parking
spaces have been relocated across a driving lane of the parking lot, does City Code allow this? Gas
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station removed their spaces entirely. Handicap Parking Signs need to be installed and locations shown
on the plans.
The applicant replied to the above comments as follows:
a) The north side gravel area the city engineer is referring to is a recorded easement that is not our land.
Our intention is to finish it to match the rest, in cooperation with the adjacent land owner, George
Koros. He is aware of the situation and will sign something if City requests it.
b) The ADA sidewalks are the same level and do not require the 1 foot to 12 foot rule.
c) We will install 2 more handicap stalls in front of store (West Side) where there are currently regular
spots. They are not designated on the plan as spots at all. The pond in the back has a level spreader
that will be reinforced to hold water with boulder went over this with Wenck and watershed.
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 2004 CUP issued for the property permits a maximum height light poles height of
25’, and requires that light poles be located at least 5 feet from any property line and 10 feet from a road right-
of-way, and that luminaires be shielded with a cutoff that directs and cuts off light at an angle of 90 degrees or
less. The permit requires that the applicant submit the lighting plan and luminaire information for approval.
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
additional lighting within the parking areas and site must be shown on the final site plans and shall meet the
requirements of the 2004 Conditional Use Permit and Development Code performance standards.
Building Height and Materials—Scandia Architectural Design Guidelines
The maximum permitted building height is 45 feet in the R COMM District. The building expansion meets the
height requirement of the Development Code.
The building expansion should meet the requirements of the Scandia Architectural Design Guidelines:
• Facades should be visually broken into bays to avoid the appearance of large blank walls by changes in
the plane of the façade, height of the façade, changes in materials, color, texture or pattern, or the
addition of columns, pilasters, and/or windows.
• Buildings should be designed with a definable base, middle, and top.
• Rooflines should be consistent with historic buildings within the Rural Commercial area.
• Acceptable roof materials include asphalt shingles in subdued colors, tile, metal that mimics tile, and
cedar shakes.
• The style and construction of drive-through areas should be integral with the architectural style of the
building.
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• Design elements are encouraged such as courtyards, decks, porches, and patios.
• Inappropriate design features include trademark architecture (such as chain reproductions), glass
curtain walls, expansive blank walls, and mansard roofs.
The application indicates that the design and materials of the expansion will match the existing buildings. The
elevations shown on the plans are consistent with the City’s Design Guidelines. The Planner has included a
condition for approval that City staff shall review the final building plans to determine if the proposed design
of the building, building materials, and other elements of the plan are consistent with the existing building and
meet the Development Code requirements and Scandia Architectural Design Guidelines.
Landscaping and Screening
The landscaping plan included in the proposal package is general in nature; it does not provide enough detail
to review for compliance with the City’s landscape and screening standards. The applicant provided some
comments to explain what is intended for some of the areas and these are noted below in relation to some of
the requirements. A detailed Final Landscape Plan shall be required for final permit approvals of the proposed
expansion.
The Scandia Development Code, Chapter 2, Section 3.12 includes the following standards for landscape plans
for commercial uses:
TREES
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. The number of
proposed new trees is nine (9), so an additional tree shall be required. In addition, any trees
removed shall be replaced at a 1 for 1 ratio somewhere on the site.
• City Engineer comment – the plans indicate removal of a large pine tree along the southern
property line that provides screening from the business to the residential home. The current
landscaping shown does not replace any trees in this area. Either new tress or additional
landscaping and/or installation of a fence should be required.
• Note from the applicant - The last approval had 10 new trees to be required and I think Wenck
engineering put in 5 or 6. I can have them put in more around the pond.
SCREENING
Parking areas must meet the screening requirements of the Development Code: “Parking lots designed for
15 or more parking spaces shall provide landscaped areas dispersed throughout the parking lot.
Commercial parking lots with more than 4 parking spaces and within 30 feet of residential parcels must be
screened along the boundary of the residential property. Screening may consist of earth mounts, berms,
fences and walls, and/or plant materials that block direct visual access. Required screening for parking
areas shall provide a 100% opaque screen not less than 4 feet in height.”
• Screening is not indicated on the current plan and therefore, must be required on the Final
Landscaping Plan.
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• City Engineer comment - Additional landscaping over what is shown in the current landscape plan
should be required with the site expansion, since very little vegetation will remain onsite with the
expansion of building and parking. The areas around the pond and the parking lot are potential
areas.
• Note from the applicant - The north side of the property has lilac trees 15 to 20 feet tall along with
a garage in the back. We can continue lilacs or install a fence.
GROUNDCOVER
The Code 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 current plans do
not show how the groundcover requirement will be met.
PARKING LOT LANDSCAPING
Parking lots designed for 15 or more parking spaces shall provide landscaped areas dispersed throughout
the parking lot. Commercial parking lots with more than 4 parking spaces and within 30 feet of residential
parcels must be screened along the boundary of the residential property. Screening may consist of earth
mounts, berms, fences and walls, and/or plant materials that block direct visual access. Required
screening for parking areas shall provide a 100% opaque screen not less than 4 feet in height.
There are some existing fencing and screening adjacent to the proposed parking areas. However, it is not
clear whether the fence and screening are on the Big Marine Store property or adjacent parcels. The
applicant must provide the required trees, groundcover, landscaping and screening to meet the ordinance
requirements within the store property.
The applicants shall submit a final Landscaping Plan for approval by City staff, that shows the existing
vegetation and screening, what will be removed, and what will be added to meet City standards. The Plan
shall include the scientific and common names of plant species, plant numbers, spacing, and plant sizes.
Wastewater Treatment
The Planner sent a copy of the prior 2017 and 2018 CUP amendment applications to Washington County’s
Health Department for review and comment. In 2017, 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.”
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The applicant stated that the septic system designer staked the boundaries and met with Washington County
staff on the site in late March.
The Planner included conditions requiring that the applicants shall obtain County approval of a septic system
that will accommodate the proposed expanded use.
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. At this time of this staff report no formal comments had been received. However, on
March 23, 2020, CMSCWD Administrator Mike Isensee sent the following note:
• We have also received submittals. The District permit application from 2018 has expired and we are
waiting for a new permit application and fees. However, we are proceeding with review and will
include the preliminary results in the CUP comment letter this week.
The City Engineer provided the following comments on land alteration, grading and stormwater management:
• Plans shall be in compliance with Watershed District and all permits shall be obtained. Should be
anticipated the Owner will be required to execute a Maintenance Agreement for the stormwater best
management practices (bmps).
• Drainage will flow out of pond outlet and/or over the emergency overflow to the east onto private
property prior to discharging into a wetland. The Watershed should comment on whether to require a
drainage easement to ensure the drainage channel is maintained and/or has rights to drain across
private property. Location of emergency overflow (EOF) for the new pond shall be identified on the
plans.
• Grading plan should show new concrete curb & gutter along with the related elevations.
The applicant reviewed the Engineer’s comments and expressed concern about requiring an easement for
drainage onto the neighboring property. He said that an easement was not required by the city in its 2018
review and approval. The applicant did agree to install a fence along the property line, but has not yet done so
because an orange snow fence was put up on the same property line by the neighbor.
The Planner has included a condition that the applicant shall submit revised plans that address the Engineer’s
comments and shall obtain grading permits from the City and any Watershed District permit(s) that are
required for the proposed expansion.
Water Supply
The applicant plans to install a new well to accommodate the water demands of the expansion and potential
sprinkling requirements. The well must meet setback requirements.
Signage
No additional signage is proposed on the plans submitted with the application.
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Washington County noted that the revised plans need to show the location of the existing sign in relationship
to the County’s easement and right-of-way. The existing sign is a nonconforming structure in its current
location. If additions or expansion are proposed, the sign would need to be moved to meet the setback
requirements and be located outside the County’s easement area.
The Planner has included a condition for approval of the CUP amendment that new or modified signage would
need to meet the Development Code standards and County easement requirements.
Other requirements
The new restaurant 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 previous 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 applicant meeting required conditions for the septic
system, well, landscaping and screening, stormwater management, parking, lighting and signage that
will be generated by the expanded use and facilities. If the applicant meets the conditions and obtains
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 uses will generally be accommodated within the existing and proposed buildings. The
conditions for approval require that the proposed parking lots be screened from adjacent properties
by vegetation, berming or fencing on the applicant’s parcel to meet the requirements of the
Development Code. The Watershed shall indicate what it requires to address the drainage of
stormwater from the site to the adjacent property on the east, such that the proposed expansion will
not negatively impact adjacent property values or scenic views.
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• 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.
• 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.
ACTION REQUESTED:
The Planning Commission can recommend the following:
1. Approve the request.
2. Approve the request with conditions.
3. Deny the request with findings.
4. Table the request.
PLANNING STAFF RECOMMENDATIONS:
The criteria for granting a Conditional Use Permit amendment and the Development Standards are met, if all
information identified in this staff report is provided in the manner described.
The items requiring more information and detail at the time of this staff report are:
• Location of the proposed septic system on the site and identified setbacks of the tank from nearby
property lines.
• Location of the proposed well.
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If updated plans with this information are not available for City review prior to the Planning Commission
meeting, staff recommend that the Planning Commission table a decision on the CUP amendment until the
revised plans are submitted and reviewed.
If the revised plans are submitted and the City and County have verified that the well and septic locations
comply with setback requirements, the Planner recommends approval of the amended Conditional Use Permit
for the expansion of the Big Marine Store to add five (5) hotel rooms, a 90-seat restaurant/bar, and related
facilities at 19261 Manning Trail North with 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, up to 5 hotel/motel units and the
required facilities to support the uses permitted. Any change in use shall require a new permit.
2. Prior to City issuance of final building permits, the applicant shall submit:
a. Documented County approval for the new well.
b. Documented County approval for the new septic system.
c. The Watershed permit for stormwater management.
d. A City approved final Landscape Plan demonstrating compliance with the landscaping and
screening requirements of the Scandia Development Code.
e. A City approved final Site plan demonstrating compliance with parking lot design and lighting
requirements of the Scandia Development Code.
3. The final site plan shall include a survey by a registered land surveyor that verifies the location of the
County’s highway easement within the parcel.
4. The revised plans shall address the Engineer’s comments identified in this staff report.
5. The applicant shall comply with all local, state, and federal permits and requirements for the new and
existing uses on the parcel.
6. 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 meet the
Development Code and Design Guidelines requirements.
7. The applicant shall obtain a building permit and grading 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.
8. The applicant shall obtain a Washington County Access Permit for any work (i.e. utilities and grading)
within the County right-of-way.
9. 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.
10. All trash shall be stored inside a building or entirely screened form the road and all property lines.
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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 applicant shall obtain the required liquor license from the City.
13. The applicant shall obtain permits as required for the storage and handling of flammables.
14. The applicant shall comply with Washington County’s requirements for the road entrances and exits.
15. The signage for the uses shall comply with the City’s Development Code and County easement
requirements.
16. The historic nature of the building shall be retained or enhanced where possible.
17. The expansion shall use the design and materials shown on the building elevation plans in the CUP
application.
18. The applicant shall meet all requirements of the Development Code and existing Code violations shall
be corrected.
19. 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.
20. The applicant shall pay all fees and escrow costs related to the application