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Home My WebLink About2014-06-23 PACKET 06.1.STAFFREPORT CASE: CUP2014 -011 ITEM: 6.1 PUBLIC MEETING DATE: 6/23/14 TENTATIVE COUNCIL REVIEW DATE: 7116/14 APPLICATION APPLICANT: 61 Marine & Sports REQUEST: A conditional use permit to expand their exterior storage area onto property leased from James Caturia, which is east of their current location. SITE DATA LOCATION: ZONING: GUIDED LAND USE 11730 Point Douglas Drive South B -2, Retail Business Commercial LAND USE OF ADJACENT PROPERTIES: CURRENT GUIDED NORTH: Agriculture /Residential Transition Planning Area EAST:' _ _ Commercial /Residential Commercial SOUTH: Commercial Commercial WEST: Commercial Commercial SIZE: NIA DENSITY: NIA RECOMMENDATION Approval, subject to the conditions stipulated in this staff report. G�ove COTTAGE GROVE PLANNING DIVISION �dere Pride anOPjpBPerlty Meet Planning Staff Contact: John M. Burbank, Senior Planner, 651- 458 -2825, iburbank @cottage- grove.org Application Accepted:_ 5/13/14 60 -Day Review Deadline: 7/12/14 City of Cottage Grove Planning Division • 12800 Ravine Parkway South • Cottage Grove, MN 55016 Planning Staff Report Planning Cases CUP14 -011 Expansion of Non - Conforming Uses June 23, 2014 Proposal 61 Marine & Sports is requesting a conditional use permit for the expansion of the noncon- forming use at 11730 Point Douglas Drive South to include an expansion of the outdoor sales and storage yard onto leased property located contiguous to the east side of the existing property. Background The proposed expansion involves a triangular tract of land directly east of the main building on the site. The expanded area will be utilized for additional exterior sales and storage area. This use is non - conforming and is the trigger for this conditional use permit request. The expansion area is owned by James and Margaret Caturia, and the applicant has secured a lease on the property. The terms of the lease are for one year without language relating to the extension of the lease. The lease does include extension of the use of the site as a month -to -month tenant. Based on the lease, the additional property is being treated as a contiguous portion of the applicant's existing parcel from a zoning perspective. Zoning and Land Use The applicant's property is currently guided for commercial and is zoned B -2, Retail Business. Location Map Site Ortho Photo Planning Staff Report — Planning Case No. CUP 14-011 61 Marine & Sports Expansion of Non - Conforming Uses June 23, 2014 Page 2 of 8 Zoning Map Detail Discussion The applicant currently sells and services recreational vehicles, boats, motors, trailers, and re- lated equipment and parts. This use is conducted inside and outside of buildings on the site. The applicant wishes to expand the outdoor sales and storage area on the site in the referenced lease area. The site detail below identifies the proposed exterior storage expansion area. Site Ortho Photo with Expansion Area Planning Staff Report — Planning Case No. CUP14 -011 61 Marine & Sports Expansion of Non - Conforming Uses June 23, 2014 Page 3 of 8 The existing and proposed use is currently a nonconformity in that it is not allowed as a per- mitted or conditional use within the B -2 zoning district. The existing zoning text from Title 11-11 - 10B -1: Permitted, Conditional, Accessory, and Interim Uses, is shown below. The proposed expansion area is not currently part of the applicant's existing property, but the City Attorney indicated that the leasing of the property would be a qualifying factor from a zoning process, as long as the lease is valid. It is recommended that for the CUP to remain valid, the applicant shall maintain a viable land lease on the property or have ownership of the expansion area. When reviewing conditional use permits, the Planning Commission looks to Title 11 -2 -9F; Crite- ria for Issuance of CUP, as the guiding doctrine for review. This section states that in granting a CUP, the City Council shall find that: 1. The use will be in conformity with the City's Comprehensive Plan and with the purpose, intent and applicable standards of this Title. 2. The use shall be located, designed, maintained and operated to be compatible with the existing or intended character of that zoning district in which it is located. 3. The use shall not depreciate values of surrounding property. 4. The use shall not be hazardous, detrimental or disturbing to present and potential surrounding land uses due to noises, glare, smoke, dust, odor, fumes, water pollution, vibration, general unsightliness or other nuisances. 5. The use shall generate only minimal vehicular traffic on local streets as defined by the trans- portation element of the Comprehensive Plan. The use shall not create traffic congestion, unsafe access or parking needs that will cause inconveniences to the adjoining properties. 6. The use shall be served adequately by essential public services, such as streets, police, fire protection and utilities. 7. The use shall not create excessive additional requirements at public cost for public facilities and services and shall not be detrimental to the economic welfare of the City. 8. The use shall preserve and incorporate the site's important natural and scenic features 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, ZoNnp District B B B P N 4 8 J - B 8 WeType Dererences ANalnaNk, motorcycle, ftler,ramaliarwl veNdea,boalNmm�e,aM fens kw reenl eW�RSb.d, fer daptay, hire, eeM.,renlal aMfor sales cm etl en1kW,, P P 11 +1 1119 bu9dnlg, IncNdvg, as nctleNal to NOe maforuses, a0 repaknukin connection Mlh Neirmin aM wstomen'vehides v putomolnn, nlalwcycle, bafler, recreatlw es, baMWInnanne and fans"$emenl esfablshwrls for msplay. hve, semke, renal ar for elves contlucteC wi a�Me" C 1� iid9 The proposed expansion area is not currently part of the applicant's existing property, but the City Attorney indicated that the leasing of the property would be a qualifying factor from a zoning process, as long as the lease is valid. It is recommended that for the CUP to remain valid, the applicant shall maintain a viable land lease on the property or have ownership of the expansion area. When reviewing conditional use permits, the Planning Commission looks to Title 11 -2 -9F; Crite- ria for Issuance of CUP, as the guiding doctrine for review. This section states that in granting a CUP, the City Council shall find that: 1. The use will be in conformity with the City's Comprehensive Plan and with the purpose, intent and applicable standards of this Title. 2. The use shall be located, designed, maintained and operated to be compatible with the existing or intended character of that zoning district in which it is located. 3. The use shall not depreciate values of surrounding property. 4. The use shall not be hazardous, detrimental or disturbing to present and potential surrounding land uses due to noises, glare, smoke, dust, odor, fumes, water pollution, vibration, general unsightliness or other nuisances. 5. The use shall generate only minimal vehicular traffic on local streets as defined by the trans- portation element of the Comprehensive Plan. The use shall not create traffic congestion, unsafe access or parking needs that will cause inconveniences to the adjoining properties. 6. The use shall be served adequately by essential public services, such as streets, police, fire protection and utilities. 7. The use shall not create excessive additional requirements at public cost for public facilities and services and shall not be detrimental to the economic welfare of the City. 8. The use shall preserve and incorporate the site's important natural and scenic features 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, Planning Staff Report— Planning Case No. CUP14 -011 61 Marine & Sports Expansion of Non - Conforming Uses June 23, 2014 Page 4 of 8 The City's Technical Review Committee reviewed this application under those criteria. The Committee found that the criteria could be met and recommended approval of the CUP for the requested expansion. Access The applicant is proposing to install a bituminous access drive from their existing parking lot to the front of the expansion area. This drive will be located in an area that is on the Applicants property, but is within a public right -of -way easement created in the City's favor. Future public improvements in the easement area could impact the new access drive or require it to be re- moved. The applicant is proposing to install a bituminous access drive from their existing parking lot to the front of the expansion area. This drive will be located in an area that is on the applicant's property, but is within a public right -of -way easement created in the City's favor. Future public improvements in the easement area could impact the new access drive or require it to be removed. The access drive shall not be constructed on DOT right -of -way. The access drive onto TH61 shall not be altered. The remainder of the lease area would be improved with class 5 gravel. It is recommended that the final design of the access drive and storage area meet the approval of the City Engineer. Planning Staff Report — Planning Case No. CUP14 -011 61 Marine & Sports Expansion of Non - Conforming Uses June 23, 2014 Page 5 of 8 Fencing The applicant is proposing to install galvanized chain link fencing similar to their existing fencing around the exterior perimeter of the expansion areas. Truck access gates are proposed along the south property line of the expansion area. It is recommended that the front fencing and ac- cess gates along Highway 61 be constructed with ornamental fencing meeting the City's stand- ard detail plate for commercial properties. The remaining fencing material shall meet the ordinance criteria related to commercial fencing. Tree Preservation /landscaping Prior to making application with the City, the applicant removed the trees from the lease site property. A total of six qualifying trees were taken down. The ordinance allows for 50 percent removal without mitigation being required. Based on the removal occurring pre - application, it is recommended that 100 percent mitigation be required. The applicant has indicated that he would plant 12 coniferous trees along the perimeter of the fence along the leased area. Tree Detail It is recommended that additional landscaping be installed in the area between the proposed bituminous access drive and the display patio at the front of the main building between. A final landscape plan shall be submitted with the building application. Stormwater Management Based on the application that was processed for the site in 2013, the applicant was required to pay an offsite ponding fee for the new impervious surface on the site and to create a master site grading plan that addresses all of the impervious surface on the site. The applicant has con- tracted with an engineering firm to complete this plan. An offsite ponding fee is recommended Planning Staff Report — Planning Case No. CUP14 -011 61 Marine & Sports Expansion of Non - Conforming Uses June 23, 2014 Page 6 of 8 for this expansion as well. The established fee shall utilize the same formula as used in the 2013 application. Summary 1. The operation of the current nonconforming use on the site has been conducted without any negative consequences, and the proposed expansion is expected to operate in the same fashion. 2. The proposed commercial expansion is consistent with the designated land use. 3. The proposed commercial expansion has been found to be significantly consistent with the balance of the criteria for issuing a conditional use permit. Recommendation That the Planning Commission recommends that the City Council adopts a resolution approving a conditional use permit for the expansion of the nonconforming use at 11730 Point Douglas Drive South to include an expansion of the outdoor sales and storage yard onto leased property located contiguous to the east side of the existing property, subject to the conditions listed below: 1. The conditions established in Resolution Nos. 84 -07, 93 -103, 98 -178, and 13 -117 shall be met unless waived by the Director of Community Development. 2. All applicable permits (i.e., building, electrical, grading, mechanical, right -of -way) 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. 3. The future ownership of the property or further expansion of the site shall require the ex- terior storage area to be reduced behind the front plane of the principal building. 4. The new access drive lane from their existing parking lot to the front of the expansion area shall be constructed with bituminous. The access drive shall not be constructed on DOT right -of -way. The access drive onto TH61 shall not be altered. The final design of the access drive and storage area meet the approval of the City Engineer. 5. The Access drive construction shall require a public right -of -way permit. 6. The new bituminous access drive from the existing parking lot to the front of the expan- sion area will be located in an area that is on the Applicants property, but within a public right -of -way easement created in the City's favor. Future public improvements in the easement area could impact the new access drive or require it to be altered or removed. The costs associated with the alteration or the removal would be the applicant's respon- sibility. Planning Staff Report— Planning Case No. CUP14 -011 61 Marine & Sports Expansion of Non - Conforming Uses June 23, 2014 Page 7 of 8 7. Display or parking of vehicles is prohibited on the new bituminous access drive. Phase II site expansions will require bituminous and concrete curb and gutter per the City's commercial parking requirements at that time. 8. Display or parking of vehicles in the existing public right -of way easement is prohibited. 9. The surface area of the lease area may be constructed with class 5 gravel for Phase I of the site expansion. Phase II site expansions will require bituminous and concrete curb and gutter per the City's commercial parking and stormwater management requirements at that time. 10. The Applicant shall plant 12 coniferous trees along the perimeter of the leased area. 11. Additional landscaping consisting of ornamental trees, shrubs, perennials and hardwood mulch shall be installed adjacent to the proposed bituminous access drive and the display patio at the front of the main building. A final landscape plan shall be submitted with the building application. 12. Prior to building permit application, a detailed landscaping plan shall be submitted that meets the approval of the Community Development Department. 13. The conditional use permit shall expire with the termination of a valid lease on the expan- sion property, and all site improvements shall be removed from the expansion area. 14. Future ownership of the expansion area by the applicant shall void Condition #4. 15. All mechanical equipment, general storage, shall be screened from public view as reviewed and approved by the Community Development Department. 16. Prior to building permit application, a bona fide cost estimate of the landscaping im- provements must be submitted in conjunction with a letter of credit approved by the City in the amount of 150 percent of such estimate. Upon completion of the landscaping requirements, the applicant must inform the City in writing that said improvements have been completed. The City will retain the financial guarantee for a period of one year from the date of notice to insure the survival of the plantings and the required as -built survey has been submitted. No building or right -of way permits will be issued until the required financial guarantee has been received and accepted by the City. 17. The front fencing along Highway 61 shall be constructed with ornamental fencing meeting the City's standard detail plate for commercial properties. The remaining fencing material shall meet the ordinance criteria related to commercial fencing. 18. All outdoor lighting shall be downward directed and installed in accordance with City ordinance criteria. Planning Staff Report— Planning Case No. CUP14 -011 61 Marine & Sports Expansion of Non - Conforming Uses June 23, 2014 Page 8 of 8 19. The surface water management for the impervious surfaces on the site shall be ad- dressed on site in accordance with plans approved by the City Engineer. An off -site ponding fee that is calculated at the time of the building permit shall be paid if on -site treatment is not feasible. 20. Failure to meet any of the conditions of this approval shall terminate the Conditional Use Permit for the expansion area, and all site improvements shall be removed from the expansion area. 21. A $5,000 cash escrow shall be paid to the City to ensure removal of the fencing and class 5 material and restoration of the site in the event of a voided lease. Prepared by: John M. Burbank,. AICP Senior Planner LAND LEASE AGREEMENT VACANT LAND LESSOR: LESSEE: James Caturia 61 Marine and Sports 616 West Third St. 11730 West Point Douglas Rd. S Hastings, MN Hastings, MN 55033 55033 This land lease agreement is made and entered into this �_ day of !, 2014 between James Caturia (Lessor), and 61 Marine And Sports, (Lessee). PROPERTY LOCATION West Point Douglas Rd. S., Cottage Grove, MN Adjacent (EAST) of 61 Marine And Sports. *See attachment for exact property location and detailed description. TERM The initial term of this Lease shall be 1 year(s) commencing on April 1, 2014, and ending at midnight, March 31, 2015. Should the Lessee hold over beyond the initial term or any renewal term without further extension of the term in accordance with the renewal terms of this lease, then the Lessee shall become a month to month tenant in accordance with law and upon the terms and conditions of this lease. , RENT The rent for the fast year of the initial term of this lease shall be six thousand dollars. The rent shall be paid as follows: April 1, 2014 in the amount of $3,000.00; October 1, 2014 in the amount of $3,000.00. POSSESSION Lessor ensures Lessee the right of exclusive possession during lease term. CONDITIONS AND ALLOWED USES The Lessee shall be responsible for the cost of tree removal and disposal. Lessee shall be responsible for, and provide all surface preparation necessary for display lot on leased property. The property will be used exclusively for display of products for sale. Lessee may erect aperimeter fence. COMPLIANCE WITH LAWS During the term of this Lease, the Lessee shall comply with all ordinances, statutes, laws, rules and regulations of the City of Cottage Grove, and the State of Minnesota The Lessee shall at all times maintain all required licensing and permits. Failure with these requirements shall be deemed a default of the lease terms. INSURANCE Lessee agrees that any insurance coverage for property owned by Lessee is solely the responsibility of Lessee. The Lessee shall cant' Commercial General Liability insurance with a combined single limit in the minimum amount of $1,000,000 in order to secure the obligations of Lessee and cause the Lessor to be added as parry insured under such policy. INDEMNIFICATION OF LESSOR Lessee agrees to keep said property clear and free of all liens and to indemnify the Lessor from, and against, any and all third party claims. HAZARDOUS MATERIALS The Lessee shall not cause or permit any hazardous materials to be brought upon, or disposed of on said property. Lessee shall indemnify Lessor, without limitation, from all claims and costs associated with hazardous material contamination. DEFAULT Lessee shall be deemed in default for non - payment of rent or for failure to comply with any the foregoing lease provisions. ENTIRE AGREEMENT APPLICATIONS INCORPORATED: This lease represents the complete understanding between the Parties, and any prior agreements or representations, whether written or verbal, are hereby superseded. No agreement to modify this lease will be effective unless in writing and executed by the party against whom the modification is sought to be enforced. IN WITN WHEREOF, e parties hereto have caused this Lease to be executed in duplicate this, day ofo�&A, 201 LESSEE: 61 Marine And Sports West Point Douglas Rd. S. Hastings, MN 55033 Jeff Mckenzie, Owner LESSOR: Jim Caturi 616 Third Hastings, i An� Al Stewart, Owner