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Home My WebLink About2016-03-16 PACKET 08.D. REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 3/16/16 �•� PREPARED BY: Community Development Jennifer Levitt ORIGINATING DEPARTMENT STAFF AUTHOR * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * :� * * * * * * * * * * * * * * * COUNCIL ACTION REQUEST: Consider adopting a resolution approving an amendment to Carbone's conditional use permit for expansion of their current restaurant with liquor to a total of 7,635 square feet to add a full bar, and a variance to minimum parking requirements at Almar Village. STAFF RECOMMENDATION: Approve the requests. BUDGET IMPLICATION: $N/A $N/A N/A BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE ADVISORY COMMISSION ACTION: DATE REVIEWED APPROVED DENIED � PLANNING 2/22/16 ❑ � ❑ ❑ PUBLIC SAFETY ❑ ❑ ❑ ❑ PUBLIC WORKS ❑ ❑ ❑ ❑ PARKS AND RECREATION ❑ ❑ ❑ ❑ HUMAN SERVICES/RIGHTS ❑ ❑ ❑ ❑ ECONOMIC DEV. AUTHORITY ❑ ❑ ❑ ❑ ❑ ❑ ❑ SUPPORTING DOCUMENTS: � MEMO/LETTER: Memo from John M. Burbank dated 3/10/16 � RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: � OTHER: Excerpt from unapproved minutes of the 2/22/16 Planning Commission meeting ADMINISTRATOR'S COMMENTS: C��.�' ' ��%�'�� //G ��'`� City Administrator � Date � � * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER Cottage J Grove �he�e Pride ana PrOSPerity Meet TO: Honorable Mayor and City Council Charlene Stevens, City Administrator FROM: John M. Burbank, Senior Planner DATE: March 10, 2016 RE: Carbone's Expansion Proposal Carbone's Pizza of Cottage Grove has filed an amendment to their conditional use permit (CUP) for an expansion of their current 3,250 square foot restaurant to 7,605 square feet including a full bar with liquor and a variance to minimum parking requirements at the Almar Village shopping center, 7155 Jorgensen Lane South. � - , ��i r:�,�, � . . . __... oLUJo�li9r5 �� — �`�� k��. ''�,�� i +� - � ._e- o-.+�e9 F ..y I i I .. lOTHSTS 33`" �`� F� . � '� 1 -701HST5 s�msrs �w. .. � ., _ � �- - 's` Cyi�� ,. .• s�t�.r. � �9iJ11_� �. 1� i _.- '�� ' � �� .�� r ��Y 5 _ ♦� � r ' ' 22 ----. . _ __. � � �Y,, `�i . _—.. ___ ' 7on�srs . _. ._. . ��y ;I I �'�-,� �a► � �I tt ,j ; �F � `' ' � ' ; ! j ,k �i� , r •'1 i t � I 9 f� �; � ��'.nn 3 ��i � r,sis,s i � ��1 ''� �'� . , ` I .��rL.,,1 " �7� ♦ r,. . - �" z i� ..�.�3i3Hit� �• .�� y`." i ie �9�� / I� �•j i ,', . . SI7E � . � � t-�� i . `� ' � � i ' �� S;l�i I � Z �Q,�, �ORG[NSEN lN S t. � t~ . , Q. .I , . ' .��q, �� '. .. y i�. } o, ��I � � ` F'.yt .:� _� JORGENSEN LN S F�l ' .. �� . � r� ��, � �,; a r ��F_.. I 9 � ' 1e�'�� {7? ��t Location Map Site Ortho Photo Review Schedule The application was received on January 27, 2016. The application was deemed complete on February 4, 2016. The 60-day application review expires on March 4, 2016. The 120-day review extension date is May 4, 2016, if exercised. Submital Documentation The site plan that was submitted with the application was prepared by Tanek on January 25, 2016, and identifies the existing restaurant lease space and expansion area within the shopping center as well as the supporting parking fields for all of the lots within the plat. In addition to their response to the ordinance criteria, the applicants also submitted a letter explaining their proposal. Honorable Mayor, City Council, and Charlene Stevens Carbone's expansion March 10, 2016 Page 2 of 13 Planning Commission The Planning Commission held a public hearing at their meeting on February 22, 2016. There were two written submittals received in favor of the application that were included in the public hearing record. The owner of one of the businesses in the mall spoke against the application and expressed concern about parking issues, including staff parking. He asked that short-term park- ing spaces be added if the applications are approved. An excerpt from the minutes of that meet- ing are attached. After discussion, the Planning Commission, on a 7-to-1 vote, recommended that the City Council approve the parking variance and conditional use permit amendment. The Commission found that the findings of fact in Resolution No. 05-068 were pertinent to this application. 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 a Planned Unit Development District (PUD). The proposed uses within the project are consistent with that zoning designation. Existing Site Conditions The applicants currently operate a 3,250 square foot restaurant within the 18,600 square foot shopping center, which is located on a 2.42-acre parcel of land. ,--_, , » � � -- -_ � ,� � � � � — , -- ;, _-�-� — T': % -- --- -- � t�k ;; , �;_ -- - -- - J �T, � ; . ., , _ . ,, , .� __ __ __ i �'� r� �,��"� ��1':I.._: i� � j,_ - i :'�v � ' � �/ �- e�srw �- � /� „/'�-�, /�f� r.cs-u��c�c�.3a vacant I EII 8J.'.D.�G �� I CUCaxYP1mY f � f f� Occupled - I �L � ""• . �i� f �� i'�i� i -- �, w,..�,.. ; � -, i r-_ � � ��' /� � _.. Honorable Mayor, City Council, and Charlene Stevens Carbone's expansion March 10, 2016 Page 3 of 13 , ; i � � � j, � � C i ; ' �� r � �n i � I 1_ i ! i Expansion Area Detail Conditional Use Permit Ordinance Requirements The City Code requires that restaurants serving liquor obtain a conditional use permit in addition to a City-issued liquor license. When reviewing conditional use permits, the Planning Commission looks to Title 11-2-9F, Crite- ria for Issuance of Conditional Use Permits, 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. Honorable Mayor, City Council, and Charlene Stevens � Carbone's expansion ' March 10, 2016 ', Page 4 of 13 ', 8. The use shall preserve and incorporate the site's important natural and scenic features into the , development design. i 9. The use shall cause minimal adverse environmental effects. i � 10. The use shall not adversely affect the potential development of adjacent vacant land. ; The City's Technical Review Committee reviewed this application under those criteria. The � Committee found that if the minimum parking requirement variance were to be granted, then the � CUP criteria could be met and the CUP for the requested expanded restaurant with liquor use ', could subsequently be approved utilizing the same approval conditions imposed on other res- I taurants serving liquor. The applicant's response to the ordinance criteria is attached. Development Summary ' The expansion would allow for a larger kitchen/serving area, a bar and associated stools, addi- tional restrooms, and an increase in the seating from 56 to 166 seats. � ..�__ �., r_ ,--, � 1 ` `� �i i ❑ ! C I /i�\ Y�c J -�-1� t,Ij �,.\ � Gqe,` �f-��\ ��'� �. �� ;� �\ �� ``�� .�i �, � a �r. ' s� `� � F o � � � � a' � � v'� � p � � \ �l_. <- U � � � `y ��;? � ��' �� `� ,� � � � � � �,�'�"��'�� Q� �� "°� o � � � � �$� � f�'� d � � � � I ' O� �sy �<i -�f ` O � � Y \ � " ' , i. _ Vc�`.�.%'��, v� �� f�--- � '� �y, , �� ,� '�. � � ``,��`�'�, `�� -'�\��`�J� ,f � �\ i t �� 1=`�` � `� � 1� M �\ /� ! �i� � � � ��'`� ��\ � 1 �'� �'�� / I ,\ , 1 i `� J� � �j >� �; ; ��. ` � � Proposed Floor Plan � Site Information � There are four lots of record within the commercial portions of the Almar Village subdivision. Each of these lots are owned by different entities as identified below. Lot 4 in the southeast cor- ner is currently undeveloped. In 2007 this parcel was proposed to be developed as a bank. A de- , tail is included below. The PUD approval for the site required cross access, parking, and mainte- � nance agreements. � � Honorable Mayor, City Council, and Charlene Stevens Carbone's expansion March 10, 2016 Page 5 of 13 - � - �, � _ ==�;s�u�� _.. �.� . �..�.� g ,��'a� ;_ 70TH.5T S � � Ey �. �'' 70th Street ; South � (C.S�I.H,�No. 22)g � - ; !�� ,;f• o ,o.;»�-��,,,. I — 7_0_ $T S- �� . �,` , �. T= � � �e—. urr�n'c � "�„"' Ct� .` xi � - _ — _— ---- ---� � � h�� a; �s� .,� � � �, I , ; ,�� ,; ria�.t. -- /�, I I � x -11�1 � __ � - - ` �� f � l :'. 1!1 �I ' � Y 4 �m � h_ �' � 'C'1 t ��~_ � Bonn ard j 'a --------- , , 1 , { f �.l � BroinLLC� ."i w �,. ' �� I �I i : �� !� 1 � � - i. 1 1 � L— B&SLand � I 4�g �� fs_�� .. ° j � - � 1 �' � g � ^ ^�'�,•. �— Development LLC � 3 � ' � •.'�� r � t��'�, g ' g r. - � .�r �;, , . , � t �� r———— —S �;'�,� � �---.� ,,,. .• �� : }� `� � �� __ _�.�-1 � ( i - _-�->,- � �'� ? ,� �;�1 " �� `�; � : �¢ � � , I ,� P Ia tt� iR-�� ► �. I � � , � _ x�� ,i � �' �n � ;_ � ; � - ' "` � , � � Amcon StAnthony LLC ' ' �2 �� " � � �� ' I i �Y �° ; �c p,�;• # � I y ' � .. I � at �o �i� �o�,�� +�' i;. ' �' --- � � � {I : ., ; t � � I Lake Area Banl� I''C � �' �r. t}�� i� � s�•.- ,� , ��i�.�. 5 , -� � ly �,� �.�♦. � ` � ' ;�� \ � � � �� I �d� � # Ig�D � `� � ' ��°� � \ � , i I.,s�� ,�� i(�1, � '� . ', ��•, �� \3 \ I � �'qBe IC �\:; t`•��_� {4r' � �M3 A A � gI a � � I O ��:k �1�� d ?$$% �� g� i i � 7 I �� w�_i�1, i � � o� `� - -_,- -- J" L---�`i,� �' '``, -'�^��' a ' t � ,i H �.� �\_ ~�- ---��:��„�u,�._��" ;.�.:,�.::: ,=;�.:�..:.,,��' � ! � �, ;4.j r-.. Pf ' :,�. ' �i s°°t'' b JORGENSEN LN S � ,,,'�' .;m ,, - xY �r. ��'(:i . Owner Detail Site Orthophoto ; � , �� ; ` , , � ; � ' � ' ' a � ` ��p, � , � - ---�0 �-�=� r� ,� � I � �� _- _.---, � � � , � � �--_--- � � �� '� � C� ��_�; � . � �� s �...r�`� �,�� ; � p � ``�a� I �.., d c� r l� �':�y,i:i:.:�.=f— , � O . �� - � I � � p ��'u, r_ �_ 1 I I — $ � r � :� I ` I � Y 1 -�-�;1 � � 1 � � � _ r `��-n-- .�� 1, ' � �_ , �::.�-._ ,,�� , _�'--� ; �� .��/.�r� � I I ��1� '�.vr.fse �//// 1 , 1, �� ..,..e" j �� v i i� tl � , ,� j 1 --�-�-=` �� . � _. = , �� ; �---- _�' i , � o . -----�- -- --- ____'_......,_�'/i—- !`_.__.'__sers�r.'►vt6s� '.'"..�— . _ . � � ; �. r; . _ . .. �.: . : _.'_�._'_'. ._ ..... _ .. ___"'__ . _' � '__� __ --... ... ... �. ."_��__—'__—___—__.'"____'___._.. ..�. Vacant Parcel Concept Design Honorable Mayor, City Council, and Charlene Stevens Carbone's expansion March 10, 2016 Page 6 of 13 Setbacks The minimum setbacks for the property are not impacted by the proposed expansion of the use on the site. Parking The proposed expanded use requires 152 parking spaces per the current parking ordinance cri- teria. The existing total parking provided on the lot of record is 104 spaces, and there is addi- tional shared parking with the three adjacent parcels within the Planned Unit Development. The parking requirements for the proposed use would exceed parking provided on the site plan. Ap- proval of the CUP for the expanded use is dependent on the applicant successfully obtaining a variance from the minimum parking requirements. The expansion will trigger two additional hand- icap parking stalls and van access areas, reducing the parking field further. The following table details the parking breakdown for the Almar Village PUD: Use Sq. Required Onsite Lot Use ft. Parking Parking Reported Need Peak Hours L1 B1 Carbone's 3,250 65 Shared 52 11:30-1:00 (@ 1 /50) (@1 /3Seats) 5:30-7:00 Vacant 4,385 $$ Shared g 11:30-1:00 (@ 1 I 50) 5:30-7:00 Dennis Brothers Liquor 2,800 14 1 /200 Shared 5 4:00—8:00 Subway 1,500 25 Shared 5 11:30-1:00 @1 /60) 5:30-7:00 All about Nails 1,250 6 Shared 5 10:00-8:00 Week Days 1 I 200 9:30-5:00 Weekends New Century Salon 1,250 @ 1 /200) Sharetl 6 Steady Turnover Fabulous Paws 1,250 (@� /200 Sharetl 3 9:00-12:00 Vacant End Cap 2,468 12 Shared 12 N/A Mall Total 18,600 244 104 97 Required Onsite Lot Use Use Size Parking Parking Reported Need Peak Hours L2 B1 Bonngard's 3,750 19 8 $ 11:30-1:00 @ 1 I 200 5:30-7:00 L3 B1 Super America 4,150 ��1 I 200) 24 24? Steady Turnover L4 B1 Vacant lot -------- 0 5 5 Steady Turnover (Shared Users Lots Total 40+ 37+ 37 If overFlow parking were permitted to occur on the public right-of-way along the east side of Jorgenson Lane, an additional 22 parking spaces could be accounted for. Typically, the practice is to prohibit overFlow parking onto public right-of-way. During the first two weeks of February, the City's Code Enforcement Officer observed the parking realities for 15-minute windows over the lunch hour. The reported findings were that the average parking count for the eight visits was 27 vehicles, with the majority of visits to the restaurant end of the mall. Honorable Mayor, City Council, and Charlene Stevens Carbone's expansion March 10, 2016 Page 7 of 13 The City's Community Service Officers conducted the same exercise during the evening and weekends over that same period. In reviewing the notes, the north to northwest area of the mall parking field was most heavily utilized. The average number of vehicles was 29 with 68 being the highest and 3 the lowest. The highest counts were in the evenings with counts near the average during the lunchtime hours. It should be noted that the 2,468 square foot vacant end cap near Bonngards and the vacant parcel near Carbone's skew the observations a bit in that there was no traffic generation from those uses. 5��,o«��t CSO Parking Report i ' i ,"; ; a� . ,. . � � � . - _ _ - - � , i , i- - - - - _�� -�-' '-� �----- ' - , � ,- �� _ _ - - - ; � E � . : � , � � 20:1K� l9:ffJ 20_i0 1::3] 10:15 12:50 ]]:30 )30 13:00 15:d5 2�:15 11:30 13:10 16:3U IU2i 13:00 14:fA 11:10 19:15 35:40 19:J5 16:55 20:I0 ]:10 14:30 1]_30 20:0.� 16'3� 21:30 16:30 20Ap 20:3i 10.d0 16:30 21:10 18:30 9-I.W 3PJN'1 31-IAN 1-FEB 2{EB 3�FE0 6-FEO S�FEB 7�FEB &fE8 9-iEB 10-FE8 ll-{EO 12-fEB i-FEE 14-FEP 15�F The property owner provided a table with the hours of operation of the tenant spaces on the site in order to emphasize that the hours of operation would be significantly different than the evening peak hours for the proposed use. „ �.. -� j :� '�' �'1_ r t�'r . "`y ;`�,4 I .,� r� 4 � ;_ � i i l j� �' � _ �`; � � �- �.� � I �� `�. , , - �z�''* � ' �" i; t�_ 'n� '� �r,. �-, - � - ` � — - - -_ ��r�_ ' � ' =�� f�� '! . - - ._ �, - --- : - ,,'►�`�,' ��: L � �� , , � .� ,; - -- t�,+��.! �f/ ' _ �� -�-- -�--� •� � _ --__ 1�,y ��I f `� � 4'�. �.r' , �� -�� \;.-,1 Ir� �-� � +7. . � ' ;.: i� 'a � / � �_ / ,/� r : � MFir:�xa �'—�'�,.� L q _ � ." '�.1 I� `,� _``'` ��, . i ` �r�.r� 7�,F=w y„e+�.L..-i-+�,� ��y a.:_.F�Y..�r�,:; L}M ` , � ( �' r ( y � ` �f�� - � -; - --^�� ' + ��' c.� I !� .i � � � :t . � -:�� ' � _ .. 3 � � � � ! � � ; y�. � i , t e: . . -��.� .cLa`dd t�D � ,f�-=- - ' ' I �'.'I. a - -i � �)�� -� ' �� kiia� �':�s �� F ,i',i �,� �r, � �: '�i.iPF+i ( . , w,� `�' � � '�'3. .� � � 1 I _ .. {. . � �.Y„ �� . .� ! b � �';� !, '�" �A� .;� ( �+� � .,Y.� �t�', �sSx� — .� ; � � � .6� .,�!* —l)5�_ ..�,�,��f = � ,r„ � rt� .�r- �,i'; '. _ � l , ;� 1' I .(� ' � I`, �- �:s �� .y.. ,S . ��.,,; `— I . ' � .I.�' r.. . yt� �l ! .,.,r'� � .� � { `� + •�:�1 .�.°- � � .Ji. j�--'4'�--�� Q`� � � 1 I �� 1 � � � a � 7 �� ".��-��i:�' - �#-==�}� �'};�! �' � .� ._ � "`---�� _...,__ �`�'�,i �_ r w`y i ��..t+� _ �� r-i f' ,f' � - . -- _-- -_ -•r;�,r� _ _- i C•*. . _ , -__ - - .�,- � "�----_�- ---_- `- _ _ i " ��:- _ __ __ ; -_ -- ,� -- <__ � � � , .- � > > \ .. � . -�_. -_ _ —y __,�� j ��,.:: -- �-. ,_ -----r��«_ _ . .. — �,_- - " � ��, - - � -`---- _ � `�� 1 ` �� _ - .._ _ a � _ �"' ..�� t-c - � v-'• �—��.-'�t'�-z�1�.��`��s. � �`,� J . ' - -- '�� {r�- ''��. ,�...,,, �� .`,�_:_r�,.-,� � -� ��_->--:,. - - _.. . _ ,_� ;+� {., !�. ,- �� -�':: ,�,'a , �'/� - �".:i.. . �,�ca� i.��__ - �:-��l�. �� :.-. Sample Parking Field Distribution Honorable Mayor, City Council, and Charlene Stevens Carbone's expansion March 10, 2016 Page 8 of 13 Mnnday UpenTImRA,M, GlnsQd?1►neP.M. Carbones ��:�4 9;QQ I.Equar so:o0 10:Op Subway B:QU 9:90 Sa1an 9:p0 8:0{l �all� ia;oo s:ao PAws � Ciosed Closed Tu�sday t7prsnTime�4.M. �los�ad'�imeP,M� C�YUonea 11;00 9:OD LlquaY �0:00 10:00 SubUray 8;00 9t30 5a1on �J:00 $;Op Nails 9f�;(1[1 R:(lR Paws �;Q� S:�Q Wed O�en 7im�A.N1, Ginsed Tiir�a p.M, Carhonos 11;00 9:ao ttyuor 10:00 10:00 Subwny 8:OD 9:SQ Selon J:(�i7 $:Up Naits 1{3:00 5:00 Pews 9A0 � �:(}0 Tliursday Qpan Tiine A.M, Closed 7ime p,M. Car�on4s 11;on 9;OD L{ppor 1d;0� 14:00 5ubway 8:OD 9:3D 5�lart 9:(10 $:00 Nalls IU:dO $:� Paws g:00 S:Oi! Friday Open Time A,lUI� Glosad Tima P.M, �erI�ones �.�.aQ s,ao I.Iquor �:oa 1o;tlU 5ubway s;o0 �:30 ��1an 9:00 8:�� fValis 10:60 BAQ Paws 9;aD St00 Saturciay Open'f1►neA.M. G(asedTlmeP.M, Carbones ;L1;aD J;6D llquar s:UO 1Q;Q0 SdbWay $:UU 9:3Q �alnn 8:OU 5:00 Nalls 3:3U 5A� paW5 !3:Ot1 5;aQ Sunday open'i�tne A�M. C�las�d 7ime P.M. Carbones SS;OD 9:00 Ltquor 9;{�0 10:00 Suhway �;�D 9.317 5alor� �U�OU �;t)D Nelis 1i;ao 5;� �aws 9,OQ 2;IX1 Honorable Mayor, City Council, and Charlene Stevens Carbone's expansion March 10, 2016 Page 9 of 13 During the latter part of 2015, the Planning Commission reviewed the City's current parking or- dinance. The following table was prepared of similar uses using both formulas currently con- tained in the City ordinance. For the Carbone's expansion, the required parking at 1 / 50 gross square feet would be 152 parking spaces and 55 spaces at the 1 / 3 seat ratio. REQUIRED #OF PARCEL SQUARE SPACES PARK�NG BUSINESS NAME SIZE FEET SEATING SPACES 1:50 Sq �:3 pROVIDED Ft Applebee's 0.666 ac. 4,974 164 100 55 Shared Carbone's (existing space only) Tenant 3,250 56 65 19 Shared - 102 Ho King -Target Mall Tenant 2,618 96 52 32 Shared - 179 Famous Dave's 0.671 ac. 3,291 57 66 19 21 Las Margarita 2.54 3,415 128 68 43 Shared -78 Mississippi Dunes 121.00 5,175 179 104 60 164 River Oaks Municipal Golf 103 7,302 350 146 �17 Shared -295 Course Ruby Tuesday 2.18 5,315 147 106 49 118 At the Planning Commission meeting the topic of demonstrated parking was raised as a means in which to alleviate any parking issues that could arise in the future as a result of the expansion of the use if approved. One of the areas identified for additional onsite parking was along Keats Avenue. The detail below identifies where 19 additional parking spaces could be constructed along the eastern property line near Keats Avenue; however, a separate, future variance to the front yard setback requirements would need to be granted. - __ _ _ —�__ - - - -- �; `�`i°I�r�' ��`� �� . :!. e'� �J ,� � I ; l - .; �= �_� t: p.r �, lt+'. �, � ,�� :�.� �" �( '� `�: ! :} �; ,3'�3�i� s ' � ., � �� :� ��, .� �:��q��J � _ � . '� �.;� t�. � � � �� : :� _ � r � �a�: '��'�„ - ` �_- �' 3''_; .;_`,� �I , �`�,: �`��' ` � . f __ __, ��, 4.: JORGENSEt�LN S '� � `—` _ .. . - - - --__.----------- --- 19 spaces 2 foot setback line Demonstrated Parking Study Area Honorable Mayor, City Council, and Charlene Stevens Carbone's expansion ' March 10, 2016 , Page 10 of 13 '� In order to create this additional parking, a front yard setback variance reducing the setback from , 20 feet to 2 feet would need to be granted, mature landscaping would need to be removed, and I the treatment of stormwater would be required to be addressed for the additional impervious surFacing. The inclusion of designated and signed short-term parking along the parking spaces closest to � the center was also suggested and gained support from the tenants in attendance at the meet- ing. It would be recommended that if the CUP is granted by the City, that use-neutral short-term , designated parking be provided for 12 spaces to be distributed in the parking aisles in the front of � the parking lot. Variance I Ordinance Criteria With any variance request, the Planning Commission must look to the zoning ordinance for guid- i ance 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. � 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. � i The applicant's response to the ordinance criteria is attached. The City's Technical Review Committee expressed concerns related to the parking shortfall. No final recommendation was given. i Honorable Mayor, City Council, and Charlene Stevens ' Carbone's expansion � March 10, 2016 Page 11 of 13 � In 2005, Resolution No. 2005-068 was approved by the City Council granting a variance to the � minimum parking requirements and a conditional use permit for operation of a restaurant serving , wine and intoxicating malt liquor. That resolution is attached. The findings of fact that were uti- lized in the granting of Resolution No. 2005-068 are listed below: j A. The unique conditions for this request is that the site is a multi-tenant site that all have different parking needs and times of operation or peak hours, and the mix of uses will result in a lower � overall parking demand. ! 8. The other tenant spaces in the development are likely to be filled with a combination of retail i and service businesses. The peak parking demand for these uses will occur during the day. C. Many of the patrons of the site will utilize multiple shopping destinations creating /ess overall parking demands than when looked at as individual uses. ', D. The peak parking demand for the proposed restaurant will occur at night. E. The offsetting times of peak parking demand will allow the development to function with fewer , parking spaces than if the same amount of space were occupied by a single user. ' F. Having a parking lot that has the potential of occasionally being utilized to the maximum � design will not impair the public health, safety, comfort, or morals in any respect. ; 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 adjacent roadways are adequately de- signed and constructed to accommodate the additional commercial traffic that could be caused � by the expanded use. Pedestrian Access I 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. i Surface Water Management The existing surface water management system supporting the treatment and conveyance of ' surFace water generated within the shopping center are not proposed to be modified by the pro- posed expansion of the use on the site. Tree Preservation i No trees within the shopping center development are proposed to be removed or modified by the i proposed expansion of the use on the site. Signage j 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. There is a com- � prehensive sign package for the mall approved under the PUD process that would have to be followed for any additional signage. ; Honorable Mayor, City Council, and Charlene Stevens Carbone's expansion March 10, 2016 Page 12 of 13 Landscaping Given the fact that there no external site modifications are proposed, a landscaping plan was not submitted. Whenever an existing use on a property comes before the City for review, the prac- tice has been to ensure that the landscaping on a site is healthy and meeting the original approved landscape plan. Any approvals or permits related to this application or should include language requiring the replacement of any dead or missing landscaping by June 30, 2016. 1 / " � j - ( � _ z ' ;;, I � a -•-� _;it'r ��r 1 ' r•.' -- .�r't� �) �,,,,,� 4 •t 'j-.�.�1 1 � �I � � },� .- li'� . : � _ C�,�i `�;s'L �" � ��`��` I� p�` ��, w � f- , 1 � fI 'i ' -- ' .. r _ � y _ :�. p. , _ _�� _' � 4, _..m...__-- . ,-:... _ ._: � �,�', -- ..__.�,. -�j/ I ;�' yi' `. . ��" �—_`-- _ - - "_.. .-��,__"s----` _s ._ i �^.^' i �' �� ,.�.�, � - — —= y 6:�r. � � . 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L 1 '�.:� � 1' _��;,�� . �� ----.�=�.,,_�_ - _ _- _;�:� ,, �..�y - --- -- -- - -. -- - -- _ -- - - _ . _ z.-_ _ ..�.�� -- -_ � - � �.__ - - - � - � - -- -- �= _ _ = � � -, �.. � _ _ f - – --------_�__�._' - — '~ �j;;�� . � - _�� _ -.-�� ,(.�,�� -�,� � _ _ . .__ Y - �t S i �L+.�" J � ..l. _.3_��—�yy � ��" 1 �� .. � — -' . -^ _.E.' ��y '_ .... . -� =-F`.TSiI'I�.-�_.ilJ ��JI( , J _.. - __ .. _ _.., �� r-�_.a-_-" _ ..-..- . '"�=sS,-Ys'�� '.`��`� — .. . _ .. -�- .. . ' � � � / .� ''ti Z .. . �-.: � .. . . , �.h -- _ S .!..',r /'_� . . - . . _ .. __ \ ',-„�l� . ,�. J . . . � ti�._." � � . Existing Landscaping Detail Architecture The current exterior elevation of the shopping center is not planned to be modified by the pro- posed expansion of the use on the site. Utilities The subject property is located within the Metropolitan Urban Service Area (MUSA) and the ex- isting and proposed use are adequately served by public utilities. A new Sewer Availability Charge (SAC) calculation will need to be requested by the applicant from the Metropolitan Coun- cil. The current SAC connection fee is $2,485 per unit and additional required units would be added to the building permit fees. 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. Honorable Mayor, City Council, and Charlene Stevens i Carbone's expansion March 10, 2016 Page 13 of 13 ', 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 85 property owners who are within 500 feet of the property on February 10, 2016. Summary • The proposed use is compliant with the City's Future Vision 2030 Comprehensive Plan. • The proposed use is permitted under the current zoning classification for the property. ', . The proposed development is adequately served by public utilities. ' • The approval of a conditional use permit would include reasonable conditions established to ensure the expanded restaurant serving liquor would not constitute a detriment to adjacent ' properties and surrounding land uses. , • The action on the conditional use permit is dependent on an affirmative action of the variance. � • The site has shared parking agreements. • The ordinance has a discrepancy between seating and square footage. � • The existing parking field is underutilized. i • Adjacent roads are designed to handle commercial traffic volumes. ; • The peak hours of operation of the existing tenants are different. I • The requested variance facilitates the internal expansion of a commercial property that has a ; history of long term vacancy. i I • The variance allows for an existing commercial entity in the City to continue as an active part of the community. ' Recommendation ; � That the City Council approve the amendment to the conditional use permit (CUP) for an expan- � sion of the current 3,250 square foot Carbone's restaurant to 7,605 square feet in size including j a full bar with liquor and a variance to minimum parking requirements at Almar Village, 7155 Jorgensen Lane South. This approval is based on the established findings and subject to the conditions in the attached draft resolution. , i i I � i I RESOLUTION NO. 2016-XXX I A RESOLUTION APPROVING AN AMENDMENT TO CARBONE'S PIZZA OF COTTAGE GROVE'S CONDITIONAL USE PERMIT I FOR EXPANSION OF THEIR CURRENT RESTAURANT WITH LIQUOR TO A TOTAL OF 7,635 SQUARE FEET TO ADD A FULL BAR, AND i A VARIANCE TO MINIMUM PARKING REQUIREMENTS I AT ALMAR VILLAGE, 7155 JORGENSEN LANE SOUTH I � WHEREAS, Carbone's Pizza of Cottage Grove has applied for an amendment to their , conditional use permit for expansion of their current restaurant with liquor to a total of 7,635 i square feet to add a full bar, and a variance to minimum parking requirements at Almar Village, � on property legally described below: Lot 1, Block 1, Almar Village Addition, Cottage Grove, Washington County, State of Minnesota. Commonly known as 7155 Jorgensen Lane South, Cottage Grove, Washington i County, State of Minnesota. WHEREAS, a planning staff report which detailed specific information about the property i and the variance application was prepared and presented; and , WHEREAS, the Planning Commission reviewed this application at their meeting on February 22, 2016; and � WHEREAS, the Planning Commission reviewed the variance criteria and findings of facts established by the Zoning Ordinance for granting a variance; and 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 public hearing was open for public testimony and no public testimony � was received; and ; ( WHEREAS, the Planning Commission on a 7-to-1 vote recommended to the City Council � that the conditional use permit and variance be granted based on the findings of fact and subject to the conditions listed in the Planning Staff Report. NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby approves an amendment to their conditional use permit , for expansion of their current restaurant with liquor to a total of 7,635 square feet to add a full ! bar, and a variance to minimum parking requirements at Almar Village on property legally � described above. Granting this variance is based upon the following findings of fact: i Resolution No. 2016-XXX Page 2 of 3 ! � A. The unique conditions for this request is that the site is a multi-tenant site that all have ! different parking needs and times of operation or peak hours, and the mix of uses will result in a lower overall parking demand. ' � B. The other tenant spaces in the development are likely to be filled with a combination � of retail and service businesses. The peak parking demand for these uses will occur during the day. � C. Many of the patrons of the site will utilize multiple shopping destinations creating less , overall parking demands than when looked at as individual uses. I D. The peak parking demand for the proposed restaurant will occur at night. � E. The offsetting times of peak parking demand will allow the development to function with fewer parking spaces than if the same amount of space were occupied by a single user. F. Having a parking lot that has the potential of occasionally being utilized to the maxi- mum design will not impair the public health, safety, comfort, or morals in any respect. ; � BE IT FURTHER RESOLVED, the recommendation for approval of the conditional use � permit and variance is subject to the following conditions: 1. The use shall be in conformance with Resolution No. 2005-068. 2. All applicable permits (i.e.; liquor, building, electrical, grading, mechanical, etc.) and a commercial plan review packet shall be completed, submitted, and approved by the City prior to the commencement of any construction activities. Detailed con- struction plans shall be reviewed and approved by the Building Official and Fire ; Marshal. 3. All signage must comply with the approved comprehensive sign package for the � mall that was approved with the PUD. A building permit must be issued prior to the i installation of any new signs. 4. Any dead or missing landscaping materials per the landscaping plan approved with I the original PUD shall be replaced. 5. A bona fide cost estimate of the landscaping improvements shall 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 have been completed. The City shall retain the financial guarantee for a period of one year from the date of notice to insure the survival of the plantings. No building permit � shall be issued until the required financial guarantee has been received and ; accepted by the City. � I i Resolution No. 2016-XXX ! Page 3 of 3 6. Rooftop mechanical equipment shall be painted and screened from view. Final I exterior screening materials and colors shall be reviewed and approved by the ' Planning Department prior to the issuance of a building permit. i, � 7. A radio-read water meter shall be installed. � 8. Motor vehicle parking on Jorgensen Lane South in relation to the use shall be prohibited. ; 9. The restaurant must not exceed a capacity of 166 seats. Passed this 16th day of March 2016. i Myron Bailey, Mayor � Attest: Joe Fischbach, City Clerk I i � ; � ( ; i i EXCERPT FROM UNAPPROVED MINUTES OF THE FEBRUARY 22, 2016, PLANNING COMMISSION MEETING ; 6.4 Carbone's — Cases CUP2016-007 and V2016-008 I Carbone's Pizza of Cottage Grove, 7155 Jorgensen Lane South, Suite 180, has applied for � an amendment to their conditional use permit for expansion of their current restaurant with liquor to a total of 7,635 square feet to add a full bar, and a variance to minimum parking requirements at Almar Village. '�, Burbank summarized the staff report and requested that the Planning Commission determine findings of fact to either approve or deny the requests, and that the CUP application is � dependent on the variance action. Graff asked if there have been any concerns raised by any of the other tenants in the mall , about parking issues. Burbank responded that he has not heard from any of the tenants. He � did receive two letters of support for this application from residents in the adjacent neighbor- � hoods. Janelle Erickson, 8800 Inman Avenue South, stated that she and her husband Tim have owned Carbone's for over eight years. When the tenant next to their space moved, they felt � that this is the right time to expand their business; they will also utilize the vacant space on the ' other side of the former tenant which has never been occupied. She believes that based on '', their seating they will probably require about to 57 parking spaces. The parking lot at the mall is rarely ever full, so she does not foresee parking problems. She noted that most of the busi- nesses in the mall need more daytime parking, whereas their proposal would use more even- ing and weekend parking. Most of their patrons do not drive individually. She also stated that their proposal includes space for meetings and functions. I i Ken Piper, Tanek Architects, 118 East 26th Street, Minneapolis, who is the architect for the ( project, stated that this is an interior project and won't impact the exterior of the building. The entry will be moved to a more central location, the kitchen will double in size, and the bar area will extend into booth seating. , i i Johnson noted that they are doubling the size of their restaurant but not the amount of parking I needed. Erickson responded that they are doubling the size of the kitchen and adding more ( restrooms, which do not require additional parking. The seating will be increased but will not be doubled, so they will definitely increase the amount of parking. Johnson asked if they are �I doubling the number of seats. Piper responded that they are increasing the seating, noting that there is a total of 143 stalls on site with cross parking easements. He asked the Commis- sion to consider the parking information gathered by code enforcement, which indicated a , parking usage range of 27 to 68. He stated that there is a total of 143 parking stalls available ; on site, not counting overFlow. They believe that even though the restaurant is doubling in size, � the parking available on site will be adequate. � Brittain clarified that the current seating is 56 and seating is proposed to go to 166, so that is tripling the number of seats they currently have. i i i i Excerpt from Unapproved Planning Commission Minutes j Carbone's— Planning Case No. CUP2016-007 and V2016-008 �, February 22, 2016 �� Page 2 of 4 Zopfi asked in their 'current 56-seat restaurant, on average how many cars do they see. ' Erickson responded that she has been monitoring the parking lot and on a very busy fundraiser evening they counted at the most 35 cars. � i Brittain noted that triple that would be about 90 cars. Erickson stated that would probably occur , during those times when the other tenants do not have parking needs; it is typically going to be evening and weekends and that amount of parking is available within the entire lot. There is also the ability to park on Jorgensen Lane, if necessary. � Johnson noted that there is still one space vacant in the mall and expressed concern about it , being occupied by another food business. ' Rostad believes that prospective tenants would determine if there would be enough parking � for their needs and if not, they would find another location. He is not worried about the future tenant. Graff stated that looking at the three highest usage periods in the parking report, two were during the day and one in the evening and asked if that usage was for their restaurant. Erickson responded that the lunchtime parking was probably mostly for Carbone's because they draw , a large lunch crowd for their buffet and the evening was probably for a fundraiser. Rostad asked about if there will still be a bank on the southeast corner. Burbank responded that in 2007 site plan approval was granted for a bank. The property is owned by a bank, which could still go in there. He then noted that a couple of the parking spaces will be lost due to the addition of handicapped parking in the front that is triggered by the expansion. Rostad asked if more parking could be added on the eastern edge of the property. Burbank stated that a ' setback variance would be required. ' Brittain asked if parking is allowed along Jorgensen Lane. Burbank stated that it is a public � street in which parking is allowed but the original approval does not allow for on-street parking � for the commercial center. He calculated that 25 vehicles could fit along the street if parking � were to be allowed during special events. Brittain opened the public hearing, Tom Siebenaler, 801 East Second Street, Hastings, stated that he owns the Subway in Almar ! i Village. He noted that Carbone's will also need staff parking. His customers utilize the next � lane over in the parking lot, and he is worried about his evening business being impacted by parking issues. No one spoke. Brittain closed the public hearing. Brittain stated that the parking needs chart for Almar Village is based on the one space per ; three seat calculation and based on discussions at previous meetings, it was felt that the one per three seats would not create enough parking for restaurants. Burbank noted that the infor- mation on that chart was what the tenants told the applicant they needed; the one per three calculation is what the applicant would like to have. The other table is more realistic as to what those needs would be. Brittain stated that according to his calculations, one space per three Excerpt from Unapproved Planning Commission Minutes � Carbone's— Planning Case No. CUP2016-007 and V2016-008 , February 22, 2016 li Page 3 of 4 spaces at 166 seats would be 55 spaces. The square footage calculation requires 153, which ' he feeis is too many and the one per three would not be enough. One space per two seats � would closer to what he believes is adequate, and if that calculation was used, it would be 83 ! spaces. He expressed concern that there will not be enough parking during peak hours to support Carbone's and the other tenants. He believes that the lot is short by 22 spaces to ' handle to proposed expansion. He would not be in favor of shifting those out to Jorgensen Lane because it is a residential area. If there were another 22 spaces, whether along the eastern edge or in the bank area, he would be more comfortable that this would not have a , negative impact on the other businesses in the mall. i Zopfi stated even if they tripled their usage to 100 spaces, there would still be 40 spaces ' available. Those 40 spaces are not necessarily going to be used during that time by busi- , nesses. He would lean towards recommending that the Council approve the variance. ', Haagsman stated that the City should be flexible. The applicants will fill a need for more dining i and gathering space in the city. He believes this will work because some of the other busi- nesses are not open at the peak times that Carbone's will be. , Brittain stated that there is an expectation by the current businesses in the mall that a certain � amount of parking would be provided. Regarding the vacant tenant space and lot, that parking ' is slated for those uses. He thinks there should be a way to protect the other businesses with � respect to the location of where their customers can park. i Graff suggested turning some of the existing spaces closer to the building as short-term park- � ing. She noted that this expansion will draw customers into the shopping center. She stated j that the Commission should weigh the greatest need and benefit for the community when determining whether to approve a variance. ; Brittain believes this is a great idea, but he is concerned about straying so far from the zoning � ordinance to fill vacant space, and does not want to impact future businesses in the mall. ; i Johnson stated that over his tenure he has seen a number of variances approved for an indi- i vidual's personal benefit, noting that this application would affect a bigger group of the community. This business does a lot for the community, schools, and charities. I Fox asked if a representative from the building owner and management is present. Debra � Heddle, 847 Fourth Avenue South, South St. Paul, stated that she is with the property man- agement company and is representing the owner. Fox asked if they would be willing to dedi- cate parking for the other tenants. Heddle responded that she will suggest to the property owner set aside designated stalls toward the front of each tenant's door for short-term parking ; with time limitations. She noted that letters have been sent to the tenants to ensure that staff i is parking away the building to allow customers to park closer to the businesses. ; Brittain would encourage the proposal for designated short-term parking; however, the Plan- ning Commission cannot make that a requirement. If the Commission had that information I prior to now, his decision would potentially be different than it is. Heddle stated that she got i Excerpt from Unapproved Planning Commission Minutes � Carbone's—Planning Case No. CUP2016-007 and V2016-008 February 22, 2016 ', Page 4 of 4 �, involved in this project this afternoon, so she has not had an opportunity to discuss that pro- � posal with the landlord, but feels very confident that he would be willing to do that. It is bene- ' ficial to the landlord to fill space that has been vacant since the building was built. , i Rostad asked if there is dedicated parking behind the building or if there is room to put in a j few employee parking spaces. Heddle responded that there is no designated parking in the , back; it is mostly used for deliveries. ' Zopfi asked if the landlord would be willing to look at future parking along County Road 19, if parking becomes an issue. Heddle stated that she feels confident that he would accommodate ' whatever is needed to satisfy our tenants and allow the growth they are requesting. i Fox asked if due to these concern, could this application be continued or conditioned on a ', commitment from the landlord to put in some short-term parking spaces. Levitt responded that ' the first thing the Commission needs to do is establish findings of fact either for or against the application. She noted that if the Commission feels that the findings of fact in the original Res- olution No. 05-068 related to their previous variance and conditional use permit are still perti- ' nent today, they could be used to approve this application. Also staff has not provided any conditions of approval, so the Commission could suggest those or request that the staff deter- ! mine those prior to the Council meeting. , Burbank added that he asked the applicants about relocating somewhere else in the city and � they responded that Carbone's has a distance-based non-compete clause in the franchise � agreement related to the St. Paul Park and Woodbury Carbone's, so their options to relocate , in the community are limited. � Rostad stated that he does not see the need to table these applications as the property owner's j representative is confident that they will provide for short-term parking for the other tenants. The findings of fact from the previous resolution are pertinent for this application. Brittain agreed and stated that the Planning Commission's discussion will be beneficial for the � City CounciL I Rostad made a motion to recommend that the City Council approve the conditional use � permit and variance based on the same findings of fact listed Resolution No. 2005-068, which approved the original conditional use permit and variance for Carbone's. � Haagsman seconded. I Motion passed on a 7-to-1 vote (Brittain). I Brittain stated that he believes the applicants will be successful but he has strong concerns � that there will be issues in the parking lot. 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