HomeMy WebLinkAbout2012-03-07 PACKET 04.J.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM #
DATE 3/7/12 , 070
PREPARED BY Community Development Robin Roland
ORIGINATING DEPARTMENT STAFF AUTH
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COUNCIL ACTION REQUEST
Consider approving an amendment to American Motorsports Bar and Grill's conditional use
permit to allow an expansion of the restaurant and a variance from minimum parking
requirements.
STAFF RECOMMENDATIO
Adopt the resolution approving the amended CUP and parking variance to allow the expansion
of the American Motorsports Bar and Grill.
BUDGET IMPLICATION $N /A
BUDGETED AMOUNT
ADVISORY COMMISSION ACTION
DATE
® PLANNING 2/27/12
® PUBLIC SAFETY 2/21/12
❑ PUBLIC WORKS
❑ PARKS AND RECREATION
❑ HUMAN SERVICES /RIGHTS
❑ ECONOMIC DEV. AUTHORITY
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SUPPORTING DOCUMENTS
$N /A N/A
ACTUAL AMOUNT FUNDING SOURCE
REVIEWED
APPROVED
DENIED
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® MEMO /LETTER: Memo from John M. Burbank dated 3/1/12
® RESOLUTION: Draft
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
® OTHER: Excerpt from 2/27/12 Planning
Commission minutes (unapproved)
ADMINISTRATOR'S COMMENTS
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City Administrator Date
COUNCIL ACTION TAKEN: []APPROVED ❑ DENIED ❑ OTHER
CITY OF COTTAGE GROVE
MINNESOTA
TO: Mayor and Members of the City Council
Ryan Schroeder, City Administrator
FROM: John M. Burbank, Senior Planner
DATE: March 1, 2012
RE: American Motor Sports Bar and Grill Expansion
Introduction
American Motor Sports Bar and Grill, Inc. is requesting an amendment to an existing Conditional
Use Permit (CUP) to allow a 2,375 square foot expansion to their restaurant located in the
Grove Plaza Shopping Center. Restaurants serving liquor are allowed as conditional uses in all
commercial zoning districts.
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Location Map
Background
In 2004, American Motor Sports Bar and Grill received a CUP to open the restaurant. In 2006,
an amendment to that permit was granted for a 1,425 square foot expansion. A variance to the
minimum number of off - street parking spaces for the Shopping Center was also granted in
2006. The applicant has met all conditions required of the CUP and variance approvals.
Honorable Mayor, City Council, and Ryan Schroeder
American Motorsports Expansion
March 1, 2012
Page 2 of 4
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The Planning Commission held the public hearing on this application at their meeting on Febru-
ary 27, 2012. No public testimony in favor or opposition to the application was received during
the public hearing. The Commission unanimously recommended approval of the application
subject to the conditions stipulated in the Planning Staff Report. An excerpt from the Planning
Commission meeting minutes is attached.
Planning Considerations
The existing restaurant is 5,334 square feet in size. The proposed addition will occupy the for-
mer Midwest Hearth and Home store. The proposed expansion area will increase the seating
capacity in the banquet hall and bar areas. This expanded area would include an additional bar
station and a food prep kitchen. The existing main bar and banquet area would be reconfigured.
The total allowed seating for the use with the proposed expansion is 256 seats, which is an
additional 46 seats. The floor plan is attached.
Land Use and Zoning
The property is guided for Commercial and the current zoning is Retail Business (B -2). The pro-
posed use of the property is consistent with permitted and conditioned uses allowed within this
district.
Parking
The total parking requirement for the restaurant and the retail businesses within the Grove Plaza
Shopping Center was 1,029 spaces in 2004. The required parking with the addition of the res-
taurant was 1,039. Based on findings established in the resolution of approval, a variance was
granted for the additional 10 parking spaces with a seat limit of 151. In 2006 an additional park-
ing variance was granted limiting the seating for the use at 210. (The stated findings at that time
were because the business hours and peak parking demands varied for the different tenants in
the shopping center.) No shortage of parking was ever experienced at the shopping center. As
stated earlier, the new expansion would add 46 seats, which would have a parking impact of 15
additional spaces at a ratio of one space per three seats. An additional variance is required to
address the new parking deficiency on the site.
The City Council may grant variances from the strict application of the zoning ordinance and can
impose conditions and safeguards on the variance. Under the new variance law that went into
effect on May 6, 2011, the city should adopt findings addressing the following questions:
• Is the variance in harmony with the purposes and intent of the ordinance?
• Is the variance consistent with the comprehensive plan?
• Does the proposal put property to use in a reasonable manner?
• Are there unique circumstances to the property not created by the landowner?
• Will the variance, if granted, alter the essential character of the locality?
In response to the aforementioned questions, the findings related to the proposed expansion are
favorable towards a positive recommendation on the issuance of an additional parking variance
Honorable Mayor, City Council, and Ryan Schroeder
American Motorsports Expansion
March 1, 2012
Page 3 of 4
to the site. The established zoning and land use allow for commercial and restaurant use, and
the site, which has a history of tenant space turnover and vacancy, is being put to a reasonable
use with the expansion of a successful venue. In addition, the amount of available parking, the
established tenant mixes, and existing hours of business operations will not negatively alter the
overall use character of the site. These findings are similar to those established in 2004 and
2006.
Outdoor Smoking Area
The applicant is seeking permission to add a 28X46 foot exterior smoking area at the rear of the
site between the existing building walls and the restaurants cooler. The proposed location is
within 190 feet of residential properties. The area would be screened with a 6 foot high solid
wooden fence that would include a gate equipped with panic hardware. No service is proposed
in the area. If the outdoor smoking area is permitted, it is recommended that prior to use, the
area be subject to review for compliance by the City's Building Official, Fire Marshal, and City
Clerk as well as the Minnesota Department of Health and Washington County Health if required.
It is further recommended that if additional review identifies noise, lighting, odor, or other issues
as causing negative impacts on the adjacent residential uses, the City Council may revoke the
outdoor smoking area use.
Conditional Use Permit
In granting a conditional use permit, the City must find that:
1. The use will be in conformity with the City's Comprehensive Plan.
2. The use is compatible with the existing or intended character of that zoning district
in which it is located.
3. The use does not depreciate values of surrounding property.
4. The use is not hazardous, detrimental or disturbing to present and potential sur-
rounding land uses due to noises, glare, smoke, dust, odor, fumes, water pollution,
vibration, general unsightliness or other nuisances.
5. The use will generate minimal vehicular traffic on local streets as defined by the
transportation element of the Comprehensive Plan. The use must not create traffic
congestion, unsafe access or parking needs that will cause inconveniences to the
adjoining properties.
6. The use can be served adequately by essential public services, such as streets,
police, fire protection and utilities.
7. The use does not create excessive additional requirements at public cost for public
facilities and services and is not detrimental to the economic welfare of the City.
8. The use shall preserve and incorporate the site's important natural and scenic fea-
tures into the development design.
9. The use shall cause minimal adverse environmental effects.
10. The use shall not adversely affect the potential development of adjacent vacant
land.
In response to the aforementioned questions, the findings related to the proposed conditional
use permit amendment are favorable towards a positive recommendation of approval to the
request.
Honorable Mayor, City Council, and Ryan Schroeder
American Motorsports Expansion
March 1, 2012
Page 4 of 4
Public Safety Review
The Public Safety Commission reviewed the application at their February 21, 2012, regular
meeting. The Commission did not raise any questions or concerns in relation to the application.
Public Hearing Notices
A public hearing notice was published in the South Washington County Bulletin on February 15,
2012. Also on February 15, public hearing notices were mailed to 44 property owners who are
within 500 feet of the property.
Summary
The proposed expansion is consistent with the commercial land use and zoning designations.
Based on site history and current tenant mix at the mall, and that the previous parking allotted to
the expansion space is being absorbed by the expanded restaurant, the requested parking
variance was found to not negatively impact the site.
Recommendation
That the City Council approve a parking variance and an amendment to an existing Conditional
Use Permit (CUP) to allow a 2,375 square foot expansion to the American Motor Sports Bar and
Grill restaurant located in the Grove Plaza Shopping Center, based on the findings of fact and
subject to the conditions listed in the attached draft resolution.
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WHEREAS, Thomas Shannon, American Motor Sports Bar & Grill at Grove Plaza, has
applied for an amendment to the site's existing conditional use permit to expand the restaurant
with liquor use, and also for a variance to required parking. The property is legally described as:
Lot 1, Block 1, Grove Plaza 2nd Addition, Cottage Grove, Washington County,
State of Minnesota.
Commonly known as 7240 East Point Douglas Road South, Cottage Grove.
WHEREAS, public hearing notices were mailed to property owners within 500 feet of the
property and a public hearing notice was published in the South Washington County Bulletin; and
WHEREAS, the Planning Commission held a public hearing on February 27, 2012; and
WHEREAS, a planning staff report, which detailed specific information on the property and
the application request, was prepared and presented; and
WHEREAS, the public hearing was open for public testimony and no one spoke for or
against the application. The applicant was present at the meeting; and
WHEREAS, the Planning Commission reviewed the criteria and findings established by
the Zoning Ordinance for granting a variance. A summary of these criteria is as follows: Is the
variance in harmony with the purposes and intent of the ordinance? Is the variance consistent
with the comprehensive plan? Does the proposal put property to use in a reasonable manner?
Are there unique circumstances to the property not created by the landowner? Will the va-
riance, if granted, alter the essential character of the locality? The City may impose conditions
and safeguards in granting any variance.
WHEREAS, the Planning Commission unanimously (7 -to -0 vote) recommended to the
City Council that the amendment to the conditional use permit and variance be granted.
NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Cottage Grove,
Washington County, Minnesota, hereby approves the amendment to American Motor Sports
Bar & Grill's conditional use permit to expand the restaurant with liquor an additional 2,375
square feet, and a variance to required parking, on the property legally described above. The
variance allows a restaurant with no more than 256 seats and a reduction in the number of
parking spaces in the Grove Plaza Shopping Center, both existing and proof of parking, not to
exceed 15 spaces. Granting of this conditional use permit and variance is based upon the
following findings of fact:
Resolution No. 2012 -XXX
Page 2 of 2
A. The established zoning and land use allow for commercial and restaurant use.
B. The site, which has a history of tenant space turnover and vacancy, is being put to a
reasonable use with the expansion of a successful venue.
C. The amount of available parking, the established tenant mixes, and existing hours of
business operations will not negatively alter the overall use character of the site.
D. The expanded use is absorbing the parking previously allotted to the vacant tenant
space into which they are expanding.
BE IT FURTHER RESOLVED, the approval of this conditional use permit and variance
is subject to the following conditions:
1. The restaurant must not exceed a capacity of 256 seats.
2. All other conditions of Resolution No. 04 -73 and 06 -133 must continue to be met.
3. Repeat violations related to the CUP permit criteria will require additional review
of the conditional use permit by the City Council, with possible revocation of the
conditional use permit as a remedy.
4. The outdoor smoking area is permitted at the rear of the facility subject to review
by the City's Building Official, Fire Marshal, and City Clerk and the Washington
County Health Department and Minnesota Department of Health, for compliance
with all appropriate regulations prior to use. If it is found through additional review
that noise, lighting, odor, or other issues are determined to be causing a negative
impact on the adjacent residential uses, the City Council may revoke the outdoor
smoking area use.
5. The sale of food or alcohol is prohibited in the smoking area.
Passed this 7th day of March 2012.
Myron Bailey, Mayor
Attest:
Caron M. Stransky, City Clerk
• J, I J1 I 6 L e i ' • Z 1111MV
6.2 American Motorsports Bar and Grill Expansion — CUP12 -007 and V12 -008
American Motorsports Bar and Grill, 7240 East Point Douglas Road South, has applied for a
conditional use permit to expand their restaurant with liquor and for a variance from mini-
mum parking requirements.
Burbank summarized the staff report and recommended approval based on the findings of fact
and subject to the conditions stipulated in the staff report.
Brittain asked for more details on the smoking area. Burbank explained that it would be an en-
closed area in the back where people could stand outside to smoke. Tom Shannon, American
Motorsports Bar & Grill, stated that the smoking area will meet the Minnesota Department of
Public Health standards, which includes having open sides.
Rediske asked if customers would be served food or beverage there. Shannon responded that
has not been decided yet. He explained that the area would have a roof to help with noise con-
trol and there will be a fence to block it from the neighboring properties.
Rambacher asked if there were any pictures of the back of the building. Burbank displayed a
picture of the area and pointed out the features, noting that there is a six to eight foot high fence
along the back property line near the residential area with vegetative screening.
Brittain asked if there would be an impact on the total seat count if food was served in the
smoking area. Burbank responded that seating for the smoking area was not factored into the
parking calculation as this was the first time tables were discussed. If additional parking would
be needed for whatever seating count was produced, that could be added to the recommenda-
tions to the City Council. Shannon stated that the area would be for people who want to smoke
and drink, but they probably would not serve food there.
Rambacher asked if people are allowed to bring their drinks outside to the smoking area.
Shannon responded yes, as long as the area is fenced.
Rostad asked if there would be any access from the back. Shannon responded no, but the
fence will have an emergency exit gate with a panic bar on the inside. Burbank stated that the
Fire Marshal approves the current proposal because it improves emergency egress from the
premises.
Reese asked if there would be another entrance added to the restaurant. Shannon responded
that they may put an entrance in the new portion but they have not yet made that decision.
Reese asked if there are any plans to make improvements to the parking lot. Burbank re-
sponded that is being discussed as part of the negotiations for improvements to the mall.
Reese noted that when the restaurant is busy, there is a lot of parking spillover, and he wants
to make sure that is part of the planning for the area. He expressed concerns about the layout
of the parking lot and the lighting.
Excerpt from Unapproved Planning Commission Minutes
Planning Cases CUP12 -007 and V12-008— American Motorsports Expansion
February 27, 2012
Page 2 of 3
Rambacher asked if the smoking structure would be heated. Shannon responded that they
would put in temporary heaters that meet code requirements.
Thiede asked to have the location of the smoking area pointed out on the layout. Shannon
pointed out the area. Thiede then asked how big the area would be. Shannon responded about
30 feet deep and 40 feet wide.
Rambacher asked if the bathrooms would be expanded. Shannon responded yes, explaining
that the hallway to the smoking area and the expanded with bathrooms would go into the ex-
isting banquet room.
Brittain noted that the ordinance amendment packet that will be discussed at the workshop fol-
lowing the meeting mentioned outdoor seating at restaurants and distance from residential
properties. He asked if this proposal would be in compliance with that. McCool stated that the
proposed ordinance recommends a 200 -foot setback and the smoking area would be about
180 feet from the residential properties. He explained that currently the city ordinances do not
address outside seating areas and what is being proposed for discussion at the workshop is
new language. Burbank stated that if the ordinance was changed, this property would then be a
legal nonconforming use because it was established prior to the amendment.
Messick opened the public hearing. No one spoke. Messick closed the public hearing.
Rambacher stated that it is problematic with people smoking out front by the entrances and
having a smoking area makes sense.
Rambacher made a motion approve the amendment to the existing conditional use per-
mit and the variance to parking requirements, based on the findings of fact and subject
to the conditions listed below. Brittain seconded.
Findings of Fact
A. The established zoning and land use allow for commercial and restaurant use.
B. The site, which has a history of tenant space turnover and vacancy, is being put to a
reasonable use with the expansion of a successful venue.
C. The amount of available parking, the established tenant mixes, and existing hours of
business operations will not negatively alter the overall use character of the site.
D. The expanded use is absorbing the parking previously allotted to the vacant tenant
space into which they are expanding.
Conditions of Approval
1. The restaurant must not exceed a capacity of 256 seats.
2. All other conditions of Resolution No. 04 -73 and 06 -133 must continue to be met.
Excerpt from Unapproved Planning Commission Minutes
Planning Cases CUP12 -007 and V12 -008 — American Motorsports Expansion
February 27, 2012
Page 3 of 3
3. Repeat violations related to the CUP permit criteria will require additional review
of the conditional use permit by the City Council, with possible revocation of the
conditional use permit as a remedy.
4. The outdoor smoking area is permitted at the rear of the facility subject to review
by the City's Building Official, Fire Marshal, and City Clerk and the Washington
County Health Department and the Minnesota Department of Health for com-
pliance with all appropriate regulations prior to use. If it is found through addi-
tional review that noise, lighting, odor, or other issues are determined to be
causing a negative impact on the adjacent residential uses, the City Council may
revoke the outdoor smoking area use.
Motion passed unanimously (7 -to -0 vote).