HomeMy WebLinkAbout2016-02-22 PACKET 06.6.STAFF REPORT CASE: SP2016-016 & V2016-017
ITEM: 6.6
PUBLIC MEETING DATE: 2/22/16 TENTATIVE COUNCIL REVIEW DATE: 3/16/16
APPLICATION
APPLICANT: Merchants Bank
REQUEST: A site plan review to convert a restaurant to a bank and a variance to
allow an additional drive-thru lane.
SITE DATA
LOCATION:
ZONING:
GUIDED LAND USE:
8479 East Point Douglas Road South
B-3, General Business
Commercial
LAND USE OF ADJACENT PROPERTIES: CURRENT
NORTH:
Commercial
EAST:
Commercial
SOUTH:
Commercial
WEST:
Commercial
SIZE: N/A
DENSITY: N/A
RECOMMENDATION
GUIDED
Commercial
Commercial
Commercial
Commercial
Approval, based on the findings of fact and subject to the conditions
stipulated in this staff report.
(74"" cottage COTTAGE GROVE PLANNING DIVISION
� Grove
k%e�e Pdde aad P,ozPedty Meet
Planning Staff Contact: John M. Burbank, Senior Planner; 651-458-2825; iburbank(o)cottage-grove. org
Application Accepted:. 2/4/16 60 -Day Review Deadline: 4/4/16
City of Cottage Grove Planning Division • 12800 Ravine Parkway South • Cottage Grove, MN 56016
Planning Staff Report
Merchant's Bank
Planning Case No. CUP2016-017 and V2016-018
February 22, 2016
Proposal
Merchants Bank has filed applications for a site plan review to convert a restaurant to a bank
and a variance to allow an additional drive-through lane at 8479 East Point Douglas Road
South.
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Merchant's Bank
Planning Staff Report—CUP2016-017 & V2016-018
February 22, 2016
Page 2 of 10
Submital Documentation
The plan review comments in this report are based on the civil plans that were prepared by
James R. Hill, Inc. on January 27, 2016, and the architectural plans prepared by Krech, O'Brien,
Mueller & Associates, Inc. on January 22, 2016. Both sets of plans were submitted to the City
on February 2, 2016.
Review Schedule
The application was received on February 2, 2016.
The application was deemed complete on February 4, 2016.
The 60 -day application review expires on April 4, 2016.
The 120 -day review extension date is June 3, 2016, if exercised.
Background
Proposed Site Plan
The project area is the former Famous Dave's restaurant, which had previously been a KFC res-
taurant. The site has been vacant since the exodus of the previous use. The property is 0.67
acres in gross land area, and the existing building has a gross floor area of 2,970 square feet.
Planning Considerations
Comprehensive Plan — Future Land Use Designation
The future land use map in the City's Future Vision 2030 Comprehensive Plan shows this prop-
erty to be guided Commercial. The proposed development is consistent with that designation.
Zoning
This parcel is currently zoned within the General Business District (B-3). The proposed use is
consistent with that zoning designation.
Merchant's Bank
Planning Staff Report—CUP2016-017 & V2016-018
February 22, 2016
Page 3 of 10
Conditional Use Permit/Ordinance Requirements
The City ordinance requires a conditional use permit (CUP) for a drive-through. The two previ-
ous uses were operating a drive-through under a CUP granted by Resolution No. 1999-67. It
has been determined that the existing approval for the drive-through is still valid for the pro-
posed use.
Development Summary
In response to changing banking practices and in conjunction with the Grove Plaza redevelop-
ment project, Merchants is proposed to acquire the former Famous Dave's restaurant and are
proposing to remodel the interior and exterior of the existing building. The applicant is also
requesting a variance to add an additional drive lane for an ATM access point.
Expansion Area Detail
Site Plan
Setbacks
With the exception of the requested setback modification for the drive-through lane, the mini-
mum setbacks for the property are not impacted by the proposed expansion of the use on the
site. The setback area between the northern property line would be reduced from 30 feet to 7.5
feet. The distance from the new lane to the adjacent public bituminous trailway would be 25 feet
and 40 feet to back of curb.
Architecture
The current exterior elevation of the building is proposed to be entirely remodeled. The submit-
ted documentation indicates that the City's minimum architectural standards related to materials
and quantities would be met. The details below are renderings of the proposed modifications to
the building exterior.
Merchant's Bank
Planning Staff Report—CUP2016-017 & V2016-018
February 22, 2016
Page 4 of 10
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Merchant's Bank
Planning Staff Report—CUP2016-017 & V2016-018
February 22, 2016
Page 5 of 10
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Utilities
The subject property is located within the Metropolitan Urban Service Area (MUSA) and the
proposed use would be adequately served by public utilities. Prior to the building permit issu-
ance, a revised analysis on the Sewer Availability Connection (SAC) requirement will need to be
submitted with the Metropolitan Council for SAC determination.
Parking
The proposed use requires 12 parking spaces per the current parking ordinance criteria of one
space per 250 gross square feet. The existing and proposed parking provided on the site is 21
spaces.
Traffic/Access
The current internal drive aisles and the two ingress/egress points for vehicular traffic supporting
vehicular movements to, from, and within the shopping center are not proposed to be modified
by the proposed expansion of the use on the site. The applicant will need to coordinate with the
other property owners in the plat on the continued maintenance of the access drives in order to
keep them in good condition, which are safe and passible for the public
Pedestrian Access
The current sidewalks and trailways supporting pedestrian movements to, from, and within the
shopping center are not proposed to be modified by the proposed expansion of the use on the
site.
Merchant's Bank
Planning Staff Report—CUP2016-017 & V2016-018
February 22, 2016
Page 6 of 10
Surface Water Management
The existing surface water management system supporting the treatment and conveyance of sur-
face water generated within the site is not proposed to be modified by the proposed retrofit of the
use on the site. The surface water management for the proposed additional impervious surface on
the site shall be addressed by the payment of an off-site ponding fee of $2,364.02 which shall be
paid at the time of the building permit.
Tree Preservation
No trees within the shopping center development are proposed to be removed or modified by
the proposed expansion of the use on the site.
Signage
No additional sign information was provided with the application material, but any signage would
need to be in compliance with the approved sign plan for the shopping center and City Code.
Landscaping
A landscaping plan was submitted showing additional landscaping adjacent to the drive-through
expansion area. Portions of the proposed landscaping is identified as being located within the
public right-of-way. Whenever an existing use on a property comes before the City for review,
the practice has been to ensure that the landscaping on a site is healthy and meets the original
approved landscape plan. Any approvals or permits related to this application should include
language requiring the replacement of any dead or missing landscaping by June 30, 2016.
Merchant's Bank
Planning Staff Report —CU P2016-017 & V2016-018
February 22, 2016
Page 7 of 10
Landscaping Plan Detail
Area Charges
The payment of the required area charges for the parcel were satisfied with the platting of the
property.
Park Dedication
The payment of the required park dedication requirement for the parcel was satisfied with the
platting of the property through the dedication of land and cash.
Variance
With any variance request, the Planning Commission must look to the zoning ordinance for
guidance and direction. Title 11-2-7: Variances states that:
A. Authority And Purpose: The council may grant variances from the strict application of the provisions of this
title and impose conditions and safeguards in the variances so granted in cases where there are practical
difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this title.
D. Consideration By Planning Commission; Recommendation: Before authorization of any variances, the re-
quest therefor shall be referred to the planning commission, and for its recommendation to the city council
for the granting of such variance from the strict application of the provisions of this title so as to relieve such
practical difficulties to the degree considered reasonable without impairing the intent and purpose of this
title and the comprehensive plan. The planning commission shall recommend such conditions related to the
variance, regarding the location, character and other features of the proposed building, structure or use, as
it may deem advisable. The planning commission shall make its recommendation within sixty (60) days
after the request is referred to it, unless the applicant requests, in writing, that an extension of time for
review be granted by the planning commission.
The planning commission may recommend a variance from the strict application of the provision of this title,
if they find that:
1. The variance is in harmony with the purposes and intent of this title.
2. The variance is consistent with the comprehensive plan.
Merchant's Bank
Planning Staff Report—GUP2016-017 & V2016-018
February 22, 2016
Page 8 of 10
3. The proposal puts the property to a reasonable use.
4. There are unique circumstances to the property not created by the landowner.
5. That the conditions upon which an application for a variance is based are unique to the parcel of land
for which the variance is sought and are not applicable, generally, to other property within the same
zoning classification.
6. That the purpose of the variance is not based exclusively upon a financial hardship.
7. That the granting of the variance will not be detrimental to the public welfare or injurious to other land
or improvements in the neighborhood in which the parcel of land is located.
8. That the proposed variance will not impair an adequate supply of light and air to adjacent property, or
substantially increase the congestion of the public streets, or increase the danger of fire, or endanger
the public safety.
The applicant's response to the ordinance criteria is attached. The City's Technical Review
Committee recommended approval of the variance request.
Public Hearing Notices
The public hearing notice was published in the South Washington County Bulletin on February
10, 2016. Public meeting notices were mailed to the 23 property owners who are within 500 feet
of the property on February 10, 2016.
Summary
A. The proposed use is compliant with the City's Future Vision 2030 Comprehensive Plan.
B. The proposed use is permitted under the current zoning classification for the property.
C. The proposed development is adequately served by public utilities.
D. The expansion of the drive lane and subsequent setback reduction would not constitute a
detriment to adjacent properties and surrounding land uses.
E. The action on the site plan is dependent on an affirmative action of the variance.
Findings of Fact
The findings of fact established in relation to the variance request are as follows:
A. The addition of a dedicated ATM access lane will reduce potential traffic conflict internal to
the site if the ATM were to be located elsewhere.
B. The property was not originally constructed as a bank, which requires ATM access to vehi-
cles as a component of a successful operation.
C. Additional landscaping will be provided to screen the access lane from the public right-of-
way.
Merchant's Bank
Planning Staff Report—CUP2016-017 & V2016-018
February 22, 2016
Page 9 of 10
D. The requested variance facilitates the redevelopment of a commercial property that has a
history of long term vacancy.
E. The variance allows for an existing commercial entity in the City to continue as an active part
of the community.
Recommendation
That the Planning Commission recommend that the City Council approve the site plan to convert a
restaurant to a bank and a variance to allow an additional drive-through lane at 8479 East Point
Douglas Road South.
Variance Conditions:
1. The area in the reduced setback area shall be landscaped with a vegetative materials
that provide color interest ad screening though out the year.
New curbing shall match existing on the site.
Site Plan Conditions:
3. All applicable permits (i.e., building, electrical, grading, sign, and mechanical) and a com-
mercial 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.
4. A board of exterior construction materials shall be provided to the City prior to the applica-
tion going to City Council.
5. The entrance drive pavement at both access points to East Point Douglas road shall be
replaced.
6. A sidewalk pedestrian ramp and truncated dome meeting City details shall be installed at
the existing sidewalk terminus to the parking lot.
7. Prior to building permit application, a detailed landscaping and irrigation plan shall be sub-
mitted which meets the approval of the Community Development Department.
8. The vegetative plantings within the landscaping plan shall be reviewed and approved by the
City Forester for consistency with requirements for a healthy urban forest.
9. Prior to building permit application, a bona fide cost estimate of the landscaping improve-
ments 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 in writing inform the City that said improvements have been completed.
The City will retain 30 percent of 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 permits will be issued until the required financial guarantee has
been received and accepted by the City.
Merchant's Bank
Planning Staff Report—CUP2016-017 & V2016-018
February 22, 2016
Page 10 of 10
10. All mechanical equipment shall be screened from public view as reviewed and approved by
the Community Development Department.
11. Prior to the applications being presented to the Council, a final material detail board/packet
must be submitted for review and approval by the Community Development Department.
12. A preconstruction meeting shall be required and all grading and erosion control items
shall be in place prior to construction. The grading and erosion control plan for the site
must comply with NPDES II Permit requirements. Erosion control devices must be in-
stalled prior to commencement of any grading activity. Erosion control must be performed
in accordance with the recommended practices of the "Minnesota Construction Site
Erosion and Sediment Control Planning Handbook" and the conditions stipulated in Title
10-5-8, Erosion Control During Construction, of the City's Subdivision Ordinance.
13. Any fencing on the site shall meet the City's architectural fencing detail.
14. Trash containers must be stored in accordance with ordinance criteria.
15. All outdoor lighting shall be downward directed and installed in accordance with City ordi-
nance criteria.
16. An off-site ponding fee of $2,364.02 shall be paid at the time of building permit.
17. The landscaping shall be installed as per the approved landscape plan and continually
maintained in a live vegetative state, kept trimmed and free of refuse and debris, and
replaced when with live plantings necessary.
18. Prior to building permit application, a bona fide cost estimate of the landscaping improve-
ments 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 in writing inform the City that said improvements have been completed.
The City will retain 30 percent of 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 permits will be issued until the required financial guarantee has
been received and accepted by the City.
19. A comprehensive sign package must be submitted to the City prior to City Council review.
20. All signage must conform to the design, color, and location as shown in the comprehensive
sign package submitted by the applicant.
21. A separate building permit shall be obtained for all sign installation.
Prepared by: Attachments:
Project Plan Set
John M Burbank, AICP Applicant's Response to the Variance Ordinance Criteria
Senior Planner Applicant's Application Narrative
Resolution No. 99-67
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MERCHANTS BANK
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Calyx Design Group, LLC
MERCHANTS BANK
COTTAGE GROVE. MINNESOTA Landscape Anchitectum-Sustainable Design -Planning
I T� 370 Selby Avenue I Suite 303 1 Saint Paul, MN 55102
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MERCHANTS
FOR Cd telephone: 651.334.5498
HAM BANK all internal; �.calyxdessngmuip.com
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14999 GL IER AVENUE, APPLE VALLEY, MN 55124 0, 8 -mail: ban@wlyxdeslqngmup.00m
('N% Couage Community Development Department Planning Division
VX�//J crave� 12800 Ravine Parkway South Telephone: 851-458.2827
f1' Cottage Grove, MN 55018
Fax: 851-458-2897
www cottage -grove ora E-Mall:Ip annlna0cottaae•arove ora
VARIANCE APPLICATION — RESPONSE TO ORDINANCE CRITERIA
The Planning Commission and City Council may recommend a variance from the strict application of the zoning ordinance, it
they find that your application meets the findings below. Please provide a DETAILED response to all of the following
findings:
is in harmony with the purposes and intent of this title. Please
2. The variance is consistent with the comprehensive
le proposal puts the property to a reasonable use. Please explain.
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4, There are unique circumstances to the property not created by the landowner,
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i rie conanlons upon which an application for a variance is based are unique to the parcel of land for which the
variance is sought and are not applicable, generally to other property within the same zoning classifications, Please
list the conditions that are unique. CC�// c' C/1�'
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purpose of the variance is not based exclusively upon a financial hardsh(p. Please circle: es No
rhe granting of the variance will not be detrimental to the public welfare or injuria other land or improvements in
the neighborhood in which the parcel of land is located. Please circle: Yes No
8. The proposed variance will not Impair an adequate supply of Ilght and air to adjacent properly, or substantially
increase the congestion of the public streets, or increase the danger of fire, or endanger the public s fety. P ase
identify any potential Impact the requested variance may have. e r,2 rt r3.0e.
tconomic hardship is not regarded by the Courts as a reason for approval. Neighborhood support or opposition,
without any basis. of facts, is not regarded by the Courts as reason for either approval or denial.
Applicant Name:rte/ a✓Gyc��t &',
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Jan 29 16 04:26p Toni Shea 5074519716 p.2
EXHIBIT A
Merchants Bank, N.A. intends to relocate from its current location
(7200 East Point Douglas Road South) to a new location at 8479 .East
Point Douglas Road South. Merchants Bank intends to own and become
the sole occupant of this property.
Upon completion of the acquisition of this property, Merchants Bank
intends to convert what has been a restaurant property into a
modernized banking office. This will be accomplished with extensive
interior and exterior remodeling of the building, and adding an
additional drive-thru lane to accommodate our ATM activity.
The construction and remodeling timeline is expected to be
approximately six months from the date of acquisition and/or the date
that all required approvals have been received, whichever is later. The
total project cost (acquisition, remodeling, relocation) is estin►ated to
exceed $1.4 million.
0
RESOLUTION NO. 99-67
A RESOLUTION GRANTING A VARIANCE FROM THE PARKING LOT SETBACKS
OF CHAPTER 28, SECTION 28-30(b)(1) OF THE ZONING ORDINANCE AND
APPROVING A SITE PLAN REVIEW AND A CONDITIONAL USE PERMIT FOR
CONSTRUCTION OF A CLASS III RESTAURANT WITH DRIVE-THRU SERVICE AT
8479 EAST POINT DOUGLAS ROAD SOUTH
WHEREAS, Oppidan Investment Company requested a 7 -foot variance to Chapter
28 of the City's Zoning Ordinance, Section 28-30(b)(1) regarding parking lot setbacks;
and
• WHEREAS, the applicant also submitted applications for site plan review and
conditional use permit to allow construction of a KFC Restaurant with drive-thru service.
The property is legally described as:
Lot 2, Block 1, Jamaica Square, Cottage Grove, Washington County,
Minnesota.
Commonly known as 8479 East Point Douglas Road South.
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 April 26,1999; and
WHEREAS, the public hearing was open for public testimony and no one from the
general public spoke for or against the proposal; and
WHEREAS, the applicant was present and agreed with the recommended
conditions of approval; and
•
Resolution No. 99-67
Page 2
WHEREAS, the Planning Commission unanimously approved the application and
the revised site plan dated 4/19/99, the landscape plan dated 4/19/99, and the building
elevation plan dated 3/12/99, subject to certain conditions listed below.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Cottage
Grove, Washington County, Minnesota hereby grants a 7 -foot variance to Chapter 28
Section 28-30(b)(1), Parking lot setbacks, of the City's Zoning Ordinance. Granting this
variance is based on the following findings:
a) The lot is uniquely shaped.
b) Compliance with the City's setback standards created unsafe pedestrian and
vehicle circulation and access under the previously submitted site plan.
c) Due to the location of the side property lines in the center of the private
drives, reduced green spaces in areas that are visible from a public roadway
were created when established ordinance criteria was applied.
d) The property functions as a part of a holistic commercial development node.
• e) The encroachment area abuts an existing parking area.
f) A 16 -foot green space area will still separate parking areas.
BE IT FURTHER RESOLVED, the City Council of the City of Cottage Grove,
Washington County, Minnesota hereby approves the site plan review and conditional use
permit application filed by Oppidan Investment Company for construction of a Class III
KFC restaurant with drive-thru on property legally described above, subject to the
following conditions:
A revised grading and utility plan shall be submitted to and approved by the
Planning Department prior to issuance of a grading permit.
2. Final exterior materials shall be reviewed and approved by the Planning
Department prior to the issuance of a building permit. The applicant revise
the building elevations to include similar architectural treatment on the east
building fagade.
A revised landscaping and irrigation plan shall be submitted to and approved
by the Planning Department prior to issuance of a building permit.
4. The applicant shall submit a bona fide cost estimate of the landscaping
• improvements. A letter of credit in the amount of 150 percent of such
estimate shall be submitted to and approved by the City. Upon completion of
•
•
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Resolution No. 99-67
Page 3
the landscaping requirements, the applicant shall in writii
that said improvements have been completed. The City
financial guarantee for a period of one year from the dat(
the survival of the plantings.
3 inform the City
hall retain the
of notice to insure
5. A final comprehensive sign package shall be submitted t� the City. All signs
shall comply with the provisions of the sign ordinance and a building permit
must be obtained prior to the installation of any new signs.
6. All applicable permits (i.e., building, electrical, etc.) shall bo applied for and
issued by the City prior to any work or construction taking lace. Detailed
construction plans shall be reviewed and approved by the Building Official and
Fire Marshall.
7. Trash dumpsters must be kept in approved trash enclo
Section 28-39, Refuse, of the City's Zoning Ordinance.
8. All outdoor lighting shall be directed downward and away
property.
9. Rooftop mechanical equipment shall be screened from
similar to or compatible in design and color with those L
structure.
10.A radio -read water meter shall be installed.
11. Motor vehicle access connecting directly to Jamaica
Douglas Road is prohibited.
Passed unanimously this 5th day of May, 1999,
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John D.
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Attest:
C-f7.Gl/ N/
Caron M. Str�aansky, City Clerk
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STATE OF MINNESOTA )
COUNTY OF WASHINGTON )
CITY OF COTTAGE GROVE )
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I, the undersigned, being the duly qualified and actin City Clerk of the
City of Cottage Grove, Minnesota, DO HEREBY CERTIFY, that I have carefully
compared the attached copies of Resolution No. 99-67 of the City of Cottage
Grove with the original on file in my office and the same is a full, true and
complete transcript therefrom.
WITNESS, my hand as such City Clerk and the corporate seal of the City
this 10th day of August, 1999.
F:\GROUPS\PLANNING\Secretary\1999 Letters\Resolution Cover#99-67.doc
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Caron M. Stransky
City Clerk