Loading...
HomeMy WebLinkAbout2012-09-05 PACKET 04.H.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 9/5/12 Community Development John McCool ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST Consider approving a conditional use permit to allow a restaurant, Famous Dave's, with on- sale liquor at 8479 East Point Douglas Road South. STAFF RECOMMENDATION Approve the conditional use permit allowing a restaurant, Famous Dave's, with on -sale liquor at 8479 East Point Douglas Road South. BUDGET IMPLICATION $ N/A BUDGETED AMOUNT ADVISORY COMMISSION ACTION DATE ® PLANNING 8/27/12 ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES /RIGHTS ❑ ECONOMIC DEV. AUTHORITY SUPPORTING DOCUMENTS $N /A N/A ACTUAL AMOUNT FUNDING SOURCE REVIEWED APPROVED DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ® MEMO /LETTER: Memo from John McCool dated 8/29/12 ® RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Excerpt from unapproved minutes of 8/27/12 Planning Commission meeting ADMINISTRATOR'S COMMENTS ity 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 McCool, Senior Planner DATE: August 29, 2012 RE: Burnwood, LLC, dba Famous Dave's BBQ — Conditional Use Permit Application Proposal Burnwood, LLC, dba Famous Dave's BBQ, has submitted a conditional use permit application to allow a Class I traditional restaurant with on -sale liquor at 8479 East Point Douglas Road. The applicant proposes to occupy the former Kentucky Fried Chicken (KFC) restaurant. The exterior fagade of the existing building will be remodeled and the dining area will have 50 to 60 seats. The existing drive -up window will continue to be used for pick -up orders. J m 7 -89 3 8971 c� m 8985 % 8600 Stit ftm 90 3Q e 'o e_S i t o 90 4 a 0 PROPOSED FAMOUS DAVE'S E. Point Douglas r RESTAURANT 8479 EAST POINT DOUGLAS RO_A_D,- fi wy6 8610 g 61 -8475 — o 0 9 �Y 86 x I G s 6451 y� w B453 \\ \�\ e� \ \ 17 Location Map Advisory Commission Recommendations Planning Commission The Planning Commission reviewed Burnwood, LLC's conditional use permit application at a public hearing on August 27, 2012. David VonRueden of Famous Dave's attended the meeting. No oral testimony or written comments were received at the meeting. The Planning Commission supported the applicant's proposal and unanimously (9 -to -0 vote) rec- ommended that the City Council approve the conditional use permit application. An excerpt from the unapproved minutes from the Planning Commission meeting is attached. Background The property originally developed in 1999 as a KFC restaurant. The property is 0.67 acres in gross land area, and the existing building has a gross floor area of approximately 2,970 square feet. The restaurant has been vacant for about one year. Honorable Mayor Bailey, City Council Members and Ryan Schroeder Famous Dave's Project — Conditional Use Permit Application August 29, 2012 Page 2 of 6 Planning Considerations Ordinance Criteria The property is zoned General Business District, B -3. The proposed Class I traditional restaurant is a permitted use within this zoning classification. Since the applicant is proposing to have on- sale liquor, a conditional use permit must be granted by the City Council. The City's Liquor Control ordinance requires an establishment serving alcoholic beverages on- site to be a minimum of 300 feet from any school or church. The distance between this building and the United Methodist Church building at 8600 90th Street is approximately 608 feet. The dis- tance from this building and the Kindercare daycare is approximately 322 feet and 460 feet to the ISD 833 Program Center facility. The proposed reuse of this existing commercial building as a Class I traditional restaurant serving alcoholic beverages and with a drive -up window meets all the zoning development standards of the City Codes. An on -sale liquor license must be granted by the City Council. Comprehensive Plan Conformance The Future Land Use Map in the City's approved Future Vision 2030 Comprehensive Plan desig- nates this property for commercial land uses. The General Business, B -3, zoning classification and the proposed commercial use of this property is consistent with the Comprehensive Plan. Property Characteristics The site has a gross land area of 0.67 acres. The building is centrally located on the property, and 21 off - street parking spaces exist on the south and west sides of the building. There are pri- vate access drives from East Point Douglas Road on the west and east sides of this property. The existing one -story building has a gross floor area of approximately 2,970 square feet. A drive - up window exists on the north side of the building, and the new restaurant will continue to use this drive -up window. Five passenger cars can stack in the drive -up window lane. A 2009 aerial photo of this property is shown below: East Point Douglas Road IPROPOSED FAMOUS DAVE'S Drive-up Window! RESTAURANT 8 479 East Point Douglas Road Dupster Enciosure't I'll", Proposed Outdoor p Oven ° I m o f 2009 Aerial Photo P' E i61 Honorable Mayor Bailey, City Council Members and Ryan Schroeder Famous Dave's Project — Conditional Use Permit Application August 29, 2012 Page 3 of 6 Site Improvements The exterior walls of the existing building will be re- painted and other architectural enhancements constructed. These improvements include awnings above the windows on the east and south walls of the building, a wall bump -out facade constructed of corrugated steel materials on the east and south walls, and a commercial oven outside the west wall of the building. The corrugated steel material will likely discolor over time, which will create a rustic appearance that the applicant wants to achieve. Because the proposed corrugated steel material is a relatively small percen- tage of the building's entire exterior wall area, its eventual rustic appearance will be allowed. A black colored "flame" silhouette along the top edge of the one -story building is also proposed. The silhouette image will be backlit, thus enhancing its `flame" design during dusk and night -time hours. The rendering shown below graphically depicts the proposed red awnings, corrugated steel materials, "flame" accents, and the wall bump -out at the main entrance and east side of the building. Building Rendering The dining area will have 50 to 60 seats and will occupy the same seating area previously used by KFC. Some modifications will be made in the kitchen, but the total floor area for the kitchen will continue to be the same gross floor area. A copy of the KFC floor area is shown below. A commercial oven will be placed on the west exterior wall, between the dumpster enclosure and west wall of the kitchen area. This oven will be fueled with natural gas and firewood. Stoking this oven with firewood will occur outside the building, but within a fenced -in area that will be about eight feet by ten feet. The exhaust from this oven will be vented out the top of the oven, through a duct system that leads back into the main building where it flow through a hood venting system that includes a fan and grease capture trough. The area where the oven will be placed will be screened with a fence six feet in height on the north and south sides and blocked from view by the existing trash dumpster on the west side. On the exterior of the fence, the applicant wants to have colored "flames" painted on the fence. An illustration of the oven, venting system, and pro- posed fencing are shown below. Honorable Mayor Bailey, City Council Members and Ryan Schroeder Famous Dave's Project — Conditional Use Permit Application August 29, 2012 Page 4 of 6 1 -2 3 SPECIFY ROOF PITCH VSP Hood Systems use 1he front flue with the rear flux capped. Outdoor Oven and Venting Illustration Landscaping If it was not for the dead plantings on the property, the existing landscaping on the property would comply with the minimum landscaping ordinance requirements. All dead plantings will be re- placed. New plantings nearest to the existing fire hydrant at the southwest corner of the property cannot be within six feet of the hydrant. The spirea plantings along the south, east, and north L, r Proposed Painting on Fence Honorable Mayor Bailey, City Council Members and Ryan Schroeder Famous Dave's Project — Conditional Use Permit Application August 29, 2012 Page 5 of 6 foundations of the building and beneath the ornamental trees and two large bushes on the north side of the drive -up lane will be removed. The number of new shrub plantings will equal to the number of trees, shrubs and bushes removed. A new landscape bed on the north side of the drive -up lane will have a variety of shrubs and bushes. As a condition of this CUP application, dead plant materials must be replaced on the property. A copy of the proposed landscaping im- provements is shown below. r n 0. 1r 1� r Y to 84� z t i3 Proposed Landscaping Improvements y � Parking Access to the existing parking area is from the east and west access drives. The minimum off- street parking spaces required for a Class I traditional restaurant is one space per three seats based on a seating capacity design. The applicant is proposing 50 to 60 seats in the dining area. Based on a 60 seat design, the minimum parking requirement is 20 parking spaces. There are 21 existing parking spaces on the site. Signage The existing nonconforming pylon sign will be replaced with a new freestanding pylon sign. The location of the new pylon sign will be approximately 20 feet south of the existing pylon sign. Shrubs will be planted around the base of the pylon sign. Wall signage will be placed on the Honorable Mayor Bailey, City Council Members and Ryan Schroeder Famous Dave's Project — Conditional Use Permit Application August 29, 2012 Page 6 of 6 south, east, and north sides of the building, beneath the building's roof edge. All the signage pro- posed for this site complies with the City's sign regulations. Utilities This property is within the City's urban service area. There already are city water and sanitary sewer services for this existing structure, which are adequately sized to continue city utility ser- vices to the proposed restaurant use. Public Meeting Notices A public meeting notice was published in the South Washington County Bulletin and notices were mailed to 23 property owners who are within 500 feet of this site on August 15, 2012. The location map shows the 500 -foot buffer around the site. Recommendation That the City Council accepts the Planning Commission's recommendation approving Burnwood, LLC's conditional use permit application for a Class I traditional restaurant with on -sale liquor at 8479 East Point Douglas Road. The conditions of approval are included in the attached draft resolution. • 1. • - 1 'A • A • -: _ • WHEREAS, Burnwood, LLC, dba Famous Dave's BBQ, has applied for a conditional use permit to allow a restaurant with on -sale liquor, on property legally described as: Lot 2, Block 1, Jamaica Square Addition, Cottage Grove, Washington County, State of Minnesota. Commonly known as 8479 East Point Douglas Road South, Cottage Grove, Washington County, State of Minnesota. 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 August 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. The applicant attended the public hearing. No written or oral testimony was received; and WHEREAS, the Planning Commission unanimously (8 -to -0 vote) recommended approval of the application, subject to certain conditions listed below. NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby approves the conditional use permit to allow a restaurant with on -sale liquor, located on the property legally described above, subject to the following conditions: All applicable permits (i.e., building, electrical, grading, sign and mechanical) and a commercial plan review packet must be completed, submitted, and approved by the City prior to the commencement of any construction activities. Detailed construction plans must be reviewed and approved by the Building Official and Fire Marshal. 2. The applicant must obtain an on -sale liquor license from the City Council before any alcoholic beverage can be served. 3. The exterior wall bump -out fagade constructed of corrugated steel is permitted to naturally corrode to an aesthetic extent as long as it does not become a hazard. The corrugated steel materials are allowed to discolor, but must not become corroded. Resolution No. 2012 -XXX Page 2 of 2 4. A minimum of 21 off - street parking spaces shall continually be provided including a minimum of two handicap accessible spaces with one being "van accessible." 5. The landscaping shall be installed as per the approved landscape plan and conti- nually maintained in a live vegetative state, kept free of refuse and debris, and replaced when necessary. Dead plant materials must be replaced with live plantings. Plantings replacing the dead shrubs nearest to the fire hydrant at the west access drive must not be within six feet of the fire hydrant. Plant materials extending into and over the common access drives must be trimmed. 6. All signage must conform to the design, color, and location as shown in the sign package submitted by the applicant and conform to the City's Sign Ordinance regulations. Passed this 5th day of September 2012. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk _S S 0 , 6.1 Famous Dave's - Case CUP12 -024 Burnwood LLC, dba Famous Dave's BBQ, has applied for a conditional use permit to allow a restaurant with on -sale liquor at 8479 East Point Douglas Road South. McCool summarized the staff report and recommended approval subject to the conditions listed in the staff report. Rostad opened the public hearing. No one spoke. Rostad closed the public hearing. Brittain made a motion to approve the conditional use permit subject to the conditions listed below. Rediske seconded the motion. 1. All applicable permits (i.e., building, electrical, grading, sign and mechanical) and a commercial plan review packet must be completed, submitted, and ap- proved by the City prior to the commencement of any construction activities. Detailed construction plans must be reviewed and approved by the Building Official and Fire Marshal. 2. The applicant must obtain an on -sale liquor license from the City Council before any alcoholic beverage can be served. 3. The exterior wall bump -out fagade constructed of corrugated steel is permitted to naturally corrode to an aesthetic extent as long as it does not become a ha- zard. The corrugated steel materials are allowed to discolor, but must not become corroded. 4. A minimum of 21 off - street parking spaces shall continually be provided includ- ing a minimum of two handicap accessible spaces with one being "van accessible." 5. The landscaping shall be installed as per the approved landscape plan and con- tinually maintained in a live vegetative state, kept free of refuse and debris, and replaced when necessary. Dead plant materials must be replaced with live plantings. Plantings replacing the dead shrubs nearest to the fire hydrant at the west access drive must not be within six feet of the fire hydrant. Plant materials extending into and over the common access drives must be trimmed. 6. All signage must conform to the design, color, and location as shown in the sign package submitted by the applicant and conform to the City's Sign Ordin- ance regulations. Motion passed unanimously (8 -to -0 vote).