Loading...
4. Staff report-Big Marine Store CUP PC 07.07.20 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: Evan Monson, City Planner Proj. No.: 17722.000 Date: July 6, 2020 Routing: SUBJECT: Request for an amended Conditional Use Permit (CUP) to allow for an expansion to the existing convenience store and parking area at the Big Marine Store MEETING DATE: July 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 (120-day waiver until October 19, 2020) ITEMS REVIEWED: Revised Plans received July 1, 2020 BRIEF DESCRIPTION OF THE REQUEST: The Applicant is requesting an amendment to an existing Conditional Use Permit (CUP), to allow a building addition on the east side of the Big Marine Store, and parking lot expansion to accommodate the addition to the existing convenience store. New sidewalks and other outdoor features would also be added around the new addition. These are revised from earlier plans that included a restaurant and new hotel rooms, which were reviewed and tabled by the Planning Commission in April 2020. Big Marine Store CUP Amendment Scandia Planning Commission Page 2 July 7, 2020 BACKGROUND: The City granted the original Conditional Use Permit for the Big Marine Store in 2003, and it was amended in 2004, 2007, 2017 and 2018. The amendments approved in 2017 and 2018 expired, due to the work not commencing. This report includes recommendations for the current CUP amendment request, as well as reviews 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 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. 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 Big Marine Store CUP Amendment Scandia Planning Commission Page 3 July 7, 2020 • 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 Septic tanks must be 50 feet from adjacent property lines. If a new septic system is installed, it should be indicated on plans that it is a minimum of 50 feet from property lines. 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 revised 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 earlier plans. The proposed building expansion and parking lot would not increase the coverage to 65%. 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. Below are comments from the 2018 CUP review. 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. • 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. Big Marine Store CUP Amendment Scandia Planning Commission Page 4 July 7, 2020 • 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 convenience store is a retail land use, and includes approximately 2,500 square feet, while the new addition to the convenience store total 1,736 square feet. Given that 4 spaces are need for every 1,000 square feet of gross floor area, the total required parking is 17 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 24 parking spaces. The Engineer’s comments regarding the proposed parking areas include: a) The bituminous paving limits should be noted on final plans. Bituminous paving on the north driveway should be noted on final plans as well. b) Plans shall note that pedestrian sidewalk improvements shall meet ADA standards. c) Stormwater management and grading plans shall be submitted for review. d) Any new screening or landscaping shall be noted on final plans. e) Curbing should be added, and included in the final plans. 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 property 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. Big Marine Store CUP Amendment Scandia Planning Commission Page 5 July 7, 2020 • 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. • 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 applicant notes 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 plans submitted show landscaping near the new building addition, along with new trees located throughout the property. 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. 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.” 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. PARKING LOT LANDSCAPING Parking lots designed for 15 or more parking spaces shall provide landscaped areas dispersed throughout the parking lot. One tree shall be provided for every 15 parking spaces as well. Commercial parking lots Big Marine Store CUP Amendment Scandia Planning Commission Page 6 July 7, 2020 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 on the south side of the lot. However, it is not clear whether the fence and screening are on the Big Marine Store property or adjacent parcels. There is also existing screening located along the north side of the property. The plans received on July 1 show four new trees being placed on the property. There is also landscaping shown by the east end of the new addition. Given the parking would total more than 15 stalls, one tree would be needed near the parking area. Combined with the 10 trees needed for the building expansion, 11 new trees total would be needed. A final landscaping plan would therefore need to show 11 new trees on the property, as well as any current or proposed screening installations. The applicants shall submit a final Landscaping Plan for approval by City staff, that shows the existing and proposed vegetation and screening, what will be removed, and what trees will be added to meet Development Code requirements. The Landscaping 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 during the first review of this request. 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.” 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 On March 23, 2020, CMSCWD Administrator Mike Isensee sent the following note: Big Marine Store CUP Amendment Scandia Planning Commission Page 7 July 7, 2020 • 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 during review of this CUP request: • 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 Planner has included a condition that the applicant shall submit revised plans that address comments from the City Engineer and shall obtain grading permits from the City and any Watershed District permit(s) that are required for the proposed expansion. Water Supply Any new well must meet setback and other applicable requirements. Signage No additional signage is proposed on the plans submitted with the application. 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 a condition that conditions from the previous CUP and amendments shall still be met. 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. Big Marine Store CUP Amendment Scandia Planning Commission Page 8 July 7, 2020 • 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, as it continues an existing, permitted use. 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 proposed use would not endanger the public welfare. If the applicant meets the conditions included with this CUP, 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 proposed expansion will not change the current use of property. The conditions for approval require that the proposed development will need 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. • 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 in their respective zoning districts. • 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, if meeting the current and proposed conditions with this CUP, would be consistent with the applicable regulations of the Rural Commercial Zoning District. Big Marine Store CUP Amendment Scandia Planning Commission Page 9 July 7, 2020 • 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 Planner recommends approval of the amended Conditional Use Permit (CUP) to allow an expansion to the existing convenience store and parking area at 19261 Manning Trail North with the following conditions: 1. The existing and proposed use of the property shall follow the conditions listed below, as well as the previously approved Conditional Use Permit and amendments. 2. Any change in use shall require amending the Conditional Use Permit. 3. Prior to City issuance of final building permits, the applicant shall submit: a. Documented County approval to continue using the existing well, or approval of a new well. b. Documented County approval to continue using the existing septic, or approval of a new septic system. c. A Watershed permit for stormwater management. d. A lighting plan meeting the requirements of the Scandia Development Code. e. A landscaping plan meeting the requirements of the Scandia Development Code, showing existing and proposed screening, and a minimum of 11 new trees. f. Detailed plans and elevations addressing comments by the City Engineer addressing ADA parking, paving, curbing, grading, and stormwater management. g. Building plans showing the building addition meets the height standard, is consistent with the existing building design and materials, and meets the Development Code and Design Guidelines requirements. 4. The applicant shall comply with all local, state, and federal permits and requirements for the new and existing uses on the parcel. Big Marine Store CUP Amendment Scandia Planning Commission Page 10 July 7, 2020 5. 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. 6. The applicant shall obtain a Washington County Access Permit for any work (i.e. utilities and grading) within the County right-of-way. 7. 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. 8. The applicant shall obtain permits as required for the storage and handling of flammables. 9. The applicant shall comply with Washington County’s requirements for the road entrances and exits. 10. The signage for the uses shall comply with the City’s Development Code and County easement requirements. 11. The historic nature of the building shall be retained or enhanced where possible. 12. The applicant shall meet all requirements of the Development Code and any existing Code violations shall be corrected. 13. 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. 14. The applicant shall pay all fees and escrow costs related to the application. 15. The applicant shall comply with all other local, state, and federal requirements pertaining to this project and application.