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MEMORANDUM
444 Cedar Street, Suite 1500
Saint Paul, MN 55101
651.292.4400
tkda.com
To: Scandia City Council
Ken Cammilleri, Administrator
Copies To: Brenda Eklund, Clerk
Patrick Reicherts, Applicant and Owner
From: Evan Monson, City Planner
Date: July 10, 2020
Reference: Big Marine Store request for an
amended CUP
Proj. No.: 17722.000
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 21, 2020
LOCATION:
19261 Manning Trail North
APPLICANTS:
Patrick Reicherts
1113318 9th 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:
Plans received July 1, 2020 and reviewed by PC on 7/7/2020
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, which were reviewed and tabled by the Plan Commission in
April 2020.
An employee -owned company promoting affirmative action and equal opportunity.
Big Marine Store CUP Amendment
Scandia City Council Page 2 July 21, 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
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• 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 shall 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.
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• 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 fagade, height of the fa4ade, 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.
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• Acceptable roof materials include asphalt shingles in subdued colors, tile, metal that mimics tile, and
cedarshakes.
• 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
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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 longterm sewage treatment (a secondary area). The current use of the building maybe 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:
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• 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 Countv easement reauirements.
Other requirements
The property 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.
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• 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.
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• 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 City Council should receive the Planning Commission recommendations and public hearing comments
from July 7, discuss the request to amend the CUP, and can recommend the following:
1. Approval
2. Approval with conditions
3. Denial 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 anew 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 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. 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.
g. Detailed plans and elevations addressing comments by the City Engineer addressing ADA
parking, paving, curbing, grading, and stormwater management.
4. The applicant shall comply with all local, state, and federal permits and requirements for the new and
existing uses on the parcel.
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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 the required liquor license from the City.
9. The applicant shall obtain permits as required for the storage and handling of flammables.
10. The applicant shall comply with Washington County's requirements for the road entrances and exits.
11. The signage for the uses shall comply with the City's Development Code and County easement
requirements.
12. The historic nature of the building shall be retained or enhanced where possible.
13. The applicant shall meet all requirements of the Development Code and any existing Code violations
shall be corrected.
14. 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.
15. The applicant shall pay all fees and escrow costs related to the application.
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