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HomeMy WebLinkAbout11B Las Margaritas – Conditional Use Permit, Site Plan Review, and Parking Variance TO: Honorable Mayor and City Council Jennifer Levitt, City Administrator FROM: John M. Burbank, AICP – Senior Planner DATE: July 30, 2019 RE: Las Margaritas – Conditional Use Permit, Site Plan, Parking Variance Introduction Stotko Speedling Construction, on behalf of Mopeca Real Estate, LLC, (Las Margaritas) has made application for the following: 1. A conditional use permit to allow a 6,200 square foot restaurant with liquor to be located at 7165 East Point Douglas Road. 2. A site plan review, including exterior elevation remodeling and an outdoor patio addition. 3. A variance to minimum parking requirements. Location Map Honorable Mayor, City Council, and Jennifer Levitt Las Margaritas – CUP2019-026, SP2019-027, & V2019-028 July 30, 2019 Page 2 of 15 Planning Commission On June 24, 2019, the Planning Commission held the public hearing on the redevelopment applications for 7165 East Point Douglas Road South, the former Perkins building. There was no public testimony recieved at the public hearing. The Planning Commission requested comparative information on the Hastings Las Margaritas which is included below. HASTINGS COTTAGE GROVE (PROPOSED) Square footage 4,612 square feet 6,200 square feet Indoor seating 103 seats 176 seats Patio seating 32 seats 46 seats Parking requirement 52 spaces (patio seating not included in the parking 64 spaces (first 30 patio seats do not require add’l requirement) parking, over 30 spaces require one space per 3 seats) Parking provided 62 spaces 65 Parking methodology/ 1:2 seats 1:3 seats formula Any variances None given or requested. Requested for minimum parking requirement The Planning Commission unanimously (6-to-0 vote) recommended approval. An excerpt from the unapproved minutes of that meeting are attached. Site Ortho Photo Honorable Mayor, City Council, and Jennifer Levitt Las Margaritas – CUP2019-026, SP2019-027, & V2019-028 July 30, 2019 Page 3 of 15 Submital Documentation The site plan that was submitted with the application was prepared by David L. Harris Architect on May 29, 2019. Review Schedule The application was received on May 29, 2019. The application was deemed complete on May 29, 2019. The 60-day application review expires on July 28, 2019. The 120-day review extension date is September 26. 2019 Existing Site Plan with 846 Square Foot Patio Addition Honorable Mayor, City Council, and Jennifer Levitt Las Margaritas – CUP2019-026, SP2019-027, & V2019-028 July 30, 2019 Page 4 of 15 Planning Considerations Background Information Since 2004, the applicant has operated a 4,417 square foot Class 1 restaurant with liquor at the Shoppes at Gateway North multi-tenant retail building. A parking variance limited the seating to a maximum of 160 seats. There is a total of 92 shared parking spaces at the Shoppes at Gateway North for all the businesses located at the center. Shoppes at Gateway North The applicant has purchased the 6,200 square foot former Perkins Restaurant property, which has been vacant since September 2018.The applicants are proposing the redevelopment of the property in order to relocate their current Class 1 restaurant with liquor. The proposal includes 222 seats and 65 parking spaces. Comprehensive Plan – Future Land Use Designation The future land use map in the City’s 2040 Comprehensive Plan shows this property to be guided as Mixed Use. The proposed development is consistent with that designation. Honorable Mayor, City Council, and Jennifer Levitt Las Margaritas – CUP2019-026, SP2019-027, & V2019-028 July 30, 2019 Page 5 of 15 Zoning This parcel is currently zoned within the B2 zoning District. The proposed use is consistent with that zoning designation. Conditional Use Permit 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, Criteria 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 un- sightliness or other nuisances. 5. The use shall generate only minimal vehicular traffic on local streets as defined by the transpor- tation 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. The City’s Technical Review Committee reviewed this application under those criteria. The Com- mittee 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 restaurant with liquor use could subsequently be approved utilizing the same approval conditions imposed on other restaurants serving liquor. The applicant’s response to the ordinance criteria is attached. Honorable Mayor, City Council, and Jennifer Levitt Las Margaritas – CUP2019-026, SP2019-027, & V2019-028 July 30, 2019 Page 6 of 15 Architecture The applicant is proposing to remodel the existing building to be consistent with the Gateway North Commercial District architectural standards while presenting an image reflective of their business. The remodeling would also include the addition of an outdoor dining patio along the west elevation. Proposed Front Elevation Proposed West and south Elevations Honorable Mayor, City Council, and Jennifer Levitt Las Margaritas – CUP2019-026, SP2019-027, & V2019-028 July 30, 2019 Page 7 of 15 Interior Design and Patio Detail Site Information Setbacks The minimum setbacks for the property are not impacted by the proposed 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. Due to existing utilities and easements in the proximity to the proposed outdoor patio, a survey including those features along Highway 61 was completed and is included below. Any conflicts with any of the identified utilities and easements will need to be addressed prior to the installation of the outdoor patio. Honorable Mayor, City Council, and Jennifer Levitt Las Margaritas – CUP2019-026, SP2019-027, & V2019-028 Restaurants, classes 1 and 2, cafes, At least 1 space for each 3 seats, based on capacity design or, where there is no design July 30, 2019 Page 8 of 15 cafeteria food, traditional restaurants layout, 1 space for each 60 square feet of gross floor area, whichever is greater Restaurants, classes 1 and 2, bars, At least 1 space for each 3 seats, based on capacity design or where there is no design layout, taverns, nightclubs 1 space for each 50 square feet of gross floor area, whichever is greater. Except that in cases in which there is a bar area separate from the food service area, a dance area larger than 100 square feet, or other public areas, additional parking will be required as necessary Restaurants, class 3, drive in estab-At least 1 space for each 60 square feet of gross floor area in the building lishments and fast food restaurants Site Survey with Approximate Utility Locations Variance Parking Requirements and Parking Variance Request The current ordinance criteria have two methods of calculating required parking, and whichever is greater is used. The current ordinance criteria are detailed below. Honorable Mayor, City Council, and Jennifer Levitt Las Margaritas – CUP2019-026, SP2019-027, & V2019-028 July 30, 2019 Page 9 of 15 The gross square footage calculation of one stall per 50 square feet found in the ordinance always is greater than the one space per three seats. It has been discussed in the past that the square footage methodology creates a false parking demand for nonpublic interior spaces such as the kitchen, dry storage, cold storage, food prep areas, management offices, as well as bathrooms. The City is currently looking to review the commercial parking standards to address this conflicting methodology. Parking requirement modifications went before the Planning Commission on July 22 and will be presented to the City Council for action on August 21. Restaurants without liquor are calculated at one parking stall per 60 square feet. Utilizing this methodology would have re- sulted in the required parking of the former Perkins restaurant to be 103 parking spaces and clarifies the flaw in using the square footage methodology. As a component of the requested parking variance, the applicant’s specific request is to use the one space per three seat calculation found in the ordinance. This would result in the site having one additional space over the re- quired parking using the one-per-three methodology. A detail of the parking analysis as completed using that methodology is provided at right. Existing Parking Field The following table was prepared of similar uses using both parking calculation formulas currently contained in the City ordinance. Honorable Mayor, City Council, and Jennifer Levitt Las Margaritas – CUP2019-026, SP2019-027, & V2019-028 July 30, 2019 Page 10 of 15 REQUIRED # OF SPACES PARCEL SQUARE PARKING BUSINESS NAME SEATING ACREAGE FEET SPACES 1:50 Sq PROVIDED 1:3 Ft Las Margarita - Existing 2.54 3,415 154* 68* 51 Shared - 92 Las Margarita - Proposed 1.14 6,200 222 130* 64 Sole Use - 65 Applebee's 0.666 4,974 164 100 55 Shared - 282 Carbone's Tenant 7,365 166 147 55 Shared - 102 Ho King - Target Mall Tenant 2,618 96 52 32 Shared - 179 River Oaks Municipal Golf 103 7,302 350 146 117 Shared - 295 Course Muddy Cow 2.18 5,315 260 106* 86 Sole Use - 118  First 30 Patio seats =0 Parking stalls & over 30 = one per 3 seats The parking variance as submitted is the applicant’s attempt to address the drastic difference in required parking as based on the ordinance criteria. With the one parking stall per three seat methodology, the parking field of the existing former restaurant meets the parking needs for a restaurant with liquor. With the one stall per 50 gross feet methodology the required parking would be 130 spaces. It should be noted that at the 1 per 60 square foot factor for a restaurant without liquor, the former Perkins would have been required to have 103 parking spaces Ordinance Criteria With any variance request, the Planning Commission must look to the zoning ordinance for guid- 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 diffi- culties 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 request 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. Honorable Mayor, City Council, and Jennifer Levitt Las Margaritas – CUP2019-026, SP2019-027, & V2019-028 July 30, 2019 Page 11 of 15 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. The City’s Technical Review Committee did not express concerns related to the parking variance request. The applicant’s response to the ordinance criteria is attached. Site Plan Review Traffic/Access The current internal drive aisles and the two ingress/egress points for vehicular traffic supporting vehicular movements to, from, and within the site are not proposed to be modified by the proposed expansion of the use on the site. The adjacent roadways are adequately designed and con- structed to accommodate the additional commercial traffic that could be caused by the expanded use. Pedestrian Access The current sidewalks supporting pedestrian movements to, from, and within the site are not pro- posed to be modified by the proposed redevelopment of the use on the site. Surface Water Management The addition of the impervious surface related to the outdoor patio will require that a surface water management off site ponding fee and will be required to be paid to the City at the time of building permit. Tree Preservation No required landscaping trees within the site are proposed to be removed or modified by the proposed expansion of the use. Signage The wall signage is identified on the building elevations and was included as a component of the comprehensive sign package that was submitted after the Planning Commission met. Honorable Mayor, City Council, and Jennifer Levitt Las Margaritas – CUP2019-026, SP2019-027, & V2019-028 July 30, 2019 Page 12 of 15 Proposed Wall Signage There is an existing variance related to sign height, which exceeds ordinance criteria by 45 feet. The sign copy area is limited to a maximum of 35 square feet under current ordinance criteria. Staff worked with the applicant to resolve the identified conflict and a new pylon sign design, which is detailed below, was submitted as a component of the comprehensive sign package Council is requested to approve as a part of the site plan. Existing Pylon Detail Honorable Mayor, City Council, and Jennifer Levitt Las Margaritas – CUP2019-026, SP2019-027, & V2019-028 July 30, 2019 Page 13 of 15 Proposed Monument Signage Landscaping 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 intent of the original approved landscape plan. The below images are an assortment of the existing landscaping on the site. Detail of Existing Landscaping Beds Honorable Mayor, City Council, and Jennifer Levitt Las Margaritas – CUP2019-026, SP2019-027, & V2019-028 July 30, 2019 Page 14 of 15 Any approvals or permits related to this application should include language requiring the replace- ment of any dead or missing landscaping prior to the certificate of occupancy. It was recom- mended by the Planning Commission that a revised landscaping plan is required before the item is presented to the City Council. Below is a detail of the landscaping plan that was submitted after the Planning Commission met. Proposed Landscaping Plan Public Hearing Notices The public hearing notice was published in the South Washington County Bulletin and mailed to the 17 property owners who are within 500 feet of the property on June 12, 2019. Summary A. The proposed use is compliant with the City’s Future Vision 2030 and 2040 Comprehensive Plans. 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 surface water management plan for the project meets State, Watershed District, and City performance standards. E. If the conditional use permit is approved, reasonable conditions will be applied in the approving resolution to ensure the expanded restaurant serving liquor would not constitute a detriment to adjacent properties and surrounding land uses. Honorable Mayor, City Council, and Jennifer Levitt Las Margaritas – CUP2019-026, SP2019-027, & V2019-028 July 30, 2019 Page 15 of 15 F. The action on the conditional use permit is dependent on an affirmative action of the variance. Recommendation The Planning Commission recommended that the City Council adopt a resolution approving Las Margaritas’ application for a conditional use permit to allow a 6,200 square foot restaurant with liquor at 7165 East Point Douglas Road South, a site plan review of the proposed restaurant, and a vari- ance to minimum parking regulations Attachments Applicant’s Response to Ordinance Criteria Building Elevations/Site Plan/Floor Plan Site Survey Comprehensive Sign Package Exhibits Landsacpe Plan Planning Commission Minutes Excerpt