The URL can be used to link to this page

Home My WebLink About2014-07-16 PACKET 04.L. REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 7/16/14 � � PREPARED BY: Community Development Jennifer Levitt ORIGINATING DEPARTMENT STAFF AUTHOR ********************:�**************************� COUNCIL ACTION REQUEST: Consider 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 42,120 square feet of leased property located contiguous to the east side of the existing property. STAFF RECOMMENDATION Adopt the resolution approving the conditional use permit for the expansion of the nonconforming use. ADVISORY COMMISSION ACTION DATE � PLANNING 6/23/14 ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES/RIGHTS ❑ ECONOMIC DEV. AUTHORITY ❑ REVIEWED ❑ ❑ ❑ ❑ ❑ ❑ ❑ APPROVED � ❑ ❑ ❑ ❑ ❑ ❑ DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ SUPPORTING DOCUMENTS: � MEMO/LETTER: Memo from John M. Burbank dated 7/7/14 � RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: � OTHER: Excerpt from unapproved minutes of 6/23/14 Planning Commission meeting ADMINISTRATOR'S COMMENTS t � �t � City Administrator Date ***********:�*�*�*��**�*****�************�****:�** COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER Cottage J Grove � Pride andP�osperity Meet TO: Honorable Mayor and City Council Ryan Schroeder, City Administrator FROM: John M. Burbank, Senior Planner DATE: July 7, 2014 RE: 61 Marine and Sports Introduction 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 42,120 square feet of leased property located contiguous to the east side of the existing property. Planning Commission Review The Planning Commission reviewed this application and held the public hearing at their meet- ing on June 23, 2014. The Commission discussed planting of trees, the landscaping plan, and the square footage of the leased area. An excerpt from the Planning Commission's un- approved minutes from the June 23 meeting is attached. 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 Location Map Site Ortho Photo Honorable Mayor, City Council, and Ryan Schroeder 61 Marine - CUP Amendment July 18, 2014 Page 2 of 7 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. 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 in the referenced lease area. The site detail below identifies the proposed exterior storage expansion area. Zoning Map Detail Site Ortho Photo with Expansion Area Honorable Mayor, City Council, and Ryan Schroeder 61 Marine - CUP Amendment July 18, 2014 Page 3 of 7 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. Zoning Oistrict B B B P N '� '2 3 - - 8 8 Use Type References Automo6ile, molwcycle, Uailer, recraafiond �2hiUes, boals'marine, antl faim Qnplemenl eslabBshnunls for d?play, hira, eervice, rental and7w sales conduclad entuely rrithin a ��p 11A-1, 11-4-g bWdng. including, as incidental lo these major uses, all repau �voric in connection wilh lheir o.m and cuslomers' vehitles I � q I Autanotive, molacycle, Uailer, recreation ��FilGes. boalstmzrine aM farm cnplemenl esla6l�shments for di?play, hire, service, rental anNOr sales ccnducled oufside a bNfding � 9 s C�� 1 f-4-1, 71 Ilal 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 zon- ing 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; Criteria 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 ex- isting 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 sur- rounding 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. Honorable Mayor, City Council, and Ryan Schroeder 61 Marine - CUP Amendment July 18, 2014 Page 4 of 7 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 park- ing 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. Fu- ture 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. Honorable Mayor, City Council, and Ryan Schroeder 61 Marine - CUP Amendment July 18, 2014 Page 5 of 7 Fencing The applicant is proposing to install galvanized chain link fencing similar to their existing fenc- ing 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 access gates afong Highway 61 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. Since the Planning Commission meeting, the applicant has already installed fencing around the site. A picture of the fencing is included below. The Planning Commission recommended that the front fencing meet the City's commercial or- namental fencing, and it is recommended that this condition remain as a part of the Council action. Removal of the current fence in this area will be required as well. 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 Honorable Mayor, City Council, and Ryan Schroeder 61 Marine - CUP Amendment July 18, 2014 Page 6 of 7 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. �,�. ' ,._ - _ -� ,�� ,=� � *# r 1 � � .�� ' �� ' >� �,/ -' �� ,�' 4 � �• ��; � r . -� � 4 '. - - �� - ;�15'�' �-r'� r � . � P{� �� s6 +' - � ��; -� � �: -�' __ _ .. � .�� ..� r �; ,� � _ . �.: w - - ; -- ��. �' �, � _' � � 4 �� .�� _ . s �� , � ` _ � _�� - " �� ,... � h ''7 - �_�. � Ji�.� � . � �. � � � � ��?,� �� ' � �� = � .� � . �., r! �� y 1 � �` ' �i ._ . b(�"' f � _ � y �•�"�-� `'� � � �' � . �;��.,� �,� ;�`��;�� - _ '�t ' � � E P � �, �-. �_ ��' � ;�`� ,`� , .. _ � �: , � ` �_ � �,�� M�� <t �� Y "9 Tree Detail s �� , - � , �_ t _ � � � ;� f � �� e �� i � , yt �� i ``E . . ., . , �� _ a __ � 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 contracted with an engineering firm to complete this plan. An offsite ponding fee is recom- mended 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. Honorable Mayor, City Council, and Ryan Schroeder 61 Marine - CUP Amendment July 18, 2014 Page 7 of 7 4. The perimeter fence has been installed, but needs correction. 5. The site currently has exterior storage on it. Recommendation That the City Council approve 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 42,120 square feet of leased property located contiguous to the east side of the existing property, subject to the conditions listed in the attached draft resolution. LAND LEASE AGIPEEME�IT VACAI`1T LAND LESSOR: James Caturia 616 West Third St Hastings, MN 55033 LESSEE: 61 Marine and Sports 11730 West Point Douglas Rd. S Hastings, MN 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 thi.s Lease shall be 1 year(s) commencing on April l, 2014, and ending at midnight, March 31, 2015. Should the Lessee hold over beyond the initial term or any renewal term without fi.u 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 first 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 l, 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 far display of products for sale. Lessee may erect a perimeter 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 properly owned by Lessee is solely the responsibility of Lessee. The Lessee shall carry Commercial General Liability insurance with a combined single limit in the ininiinum amount of $1,000,000 in order to secure the obligations of Lessee and cause the Lessor to be added as pariy 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 per�nit any hazardous materials to be brought upon, or disposed of on said property. Lessee shall indemnify Lessor, without limitation, from ail 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 tlle foregoing lease provisions. ENTIRE AGREEMENT; APPLICATIONS INCORPORATED: This lease represents the complete understanding between the ParCies, 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 mod�cation is sought to be enfarced. IN WITNESS WHEREOF, e parties hereto have caused this Lease to be executed in duplicate this,� day of,��,, 201 / LESSEE: 61 Marine And Sports West Point Douglas Rd. S. Hastings, MN 55033 Jeff Mckenzie, Owner LESSOR: Jim Caturi; 616 Third Hastings, l Al Stewart, Owner RESOLUTION NO. 2014-XXX A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW AN EXPANSION OF A NONCONFORMING USE AT 11730 POINT DOUGLAS DRIVE SOUTH WHEREAS, 61 Marine & Sports applied for a conditional use permit to for allow an expansion of the nonconforming use at 11730 Point Douglas Drive South to expand their exterior storage area onto 42,120 square feet of leased property that is east of their current property, which is legally described as: Seeger Addition, Lot 1 Block 1, Subdivision Cd 28398, Cottage Grove, Subject to easement for Point Douglas Road; and Seeger Addition, Lot 2 Block 1 Subdivision Cd 28398; That part of Lot 2 Block 1 described as follows: Beginning at the northeast (NE) corner of said Lot 2; thence south 00 degrees 10 minutes 9 seconds east, bearing assumed, along the east line of said Lot 2, a distance of 324.10 feet to northeast (NE) corner of Lot 1, Block 1 of said Seeger Addition; thence south 89 degrees 36 minutes 29 seconds west, along the north line of said Lot 1, a distance of 217.31 feet to the northwest (NW) corner of said Lot 1, thence north 00 degrees 10 minutes 09 seconds west, parallel with the east line of said Lot 2, a distance of 324.95 feet to the north line of said Lot 2; thence north 89 degrees 49 minutes 51 seconds east, along the north line of said Lot 2, a distance of 217.31 feet to the point of beginning. Subject to easement. Commonly known as 11730 Point Douglas Drive South, Hastings, 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 June 23, 2014; 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 for allow an expansion of the nonconforming use at 11730 Point Douglas Drive South to expand their exterior Resolution No. 2014-XXX Page 2 of 4 storage area onto 42,120 square feet of leased property that is east of their current property, subject to the following conditions: 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 exterior 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 expansion 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 responsibility. 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. Resolution No. 2014-XXX Page 3 of 4 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 expansion 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 #13. 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 improvements 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. 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. Resolution No. 2014-XXX Page 4 of 4 Passed this 16th day of July 2014. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk EXCERPT FROM UNAPPROVED MINUTES FROM THE JUNE 23, 2014 PLANNING COMMISSION MEETING 6.1 61 Marine & Sports Expansion — Case CUP2014-011 61 Marine & Sports has applied for a conditional use permit to expand their exterior storage area onto property leased from James Caturia, which is east of their current location at 11730 West Point Douglas Road South. Burbank summarized the staff report and recommended approval subject to the conditions stipulated in the staff report. He stated that Condition #14 should be modi- fied to read "Future ownership of the expansion area by the applicant shall void Condition #13." Brittain asked if trees would be planted in the front. Burbank stated that trees would be planted on the perimeter of the area; their landscaping plan needs to be reviewed as part of the previous approval. GrafF asked about the square footage of the leased area. AI Stewart, 9435 Kimbro Avenue South, responded just less than an acre. Rostad opened the public hearing. No one spoke. Rostad closed the public hearing. Brittain made a motion to approve the conditional use permit to allow the expansion of the 61 Marine & Sports storage area onto leased property east of their current location, subject to the conditions listed in the staff report, with the modification to Condition #14 as staff stated. Rediske seconded. Motion passed unanimously (8-to-0 vote).