HomeMy WebLinkAbout2021-10-25 PACKET 06.2.STAFF REPORT CASE: C U P2021-072 & S P2021-073
ITEM: 6.2
PUBLIC MEETING DATE: 10/25/21 TENTATIVE COUNCIL REVIEW DATE: 11/3/21
APPLICATION
APPLICANT: 61 Marine & Sports
REQUEST: A conditional use permit and site plan review for the expansion of a non-
conforming use to allow for the construction of a 4,000 square foot
building addition to be used for boat storage and assembly.
SITE DATA
LOCATION:
ZONING:
GUIDED LAND USE:
11730 Point Douglas Drive South
B-2, Retail Business
Commercial
LAND USE OF ADJACENT PROPERTIES: CURRENT GUIDED
NORTH: Agricultural Rural Residential
EAST: Agricultural Commercial
SOUTH: Highway 61 Highway 61
WEST: Highway 61 Highway 61
SIZE: Addition = 4,000 square feet
DENSITY: N/A
RECOMMENDATION
Approval, subject to the conditions stipulated in this staff report.
Cottage
Grove COTTAGE GROVE PLANNING DIVISION
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here Pride and Prosperity Meet
Planning Staff Contact: Emily Schmitz, Senior Planner; 651-458-2871; eschmitz(o-)_cottagegrovemn.gov
Application Accepted:. 10/13/2021 60-Day Review Deadline: 12/12/2021
City of Cottage Grove Planning Division • 12800 Ravine Parkway South • Cottage Grove, MN 55016
Planning Staff Report
Planning Cases CUP2021-072 & SP2021-073
Expansion of Non -Conforming Uses
October 25, 2021
Proposal
61 Marine & Sports is requesting an amendment to an existing conditional use permit and site
plan for the expansion of the current non -conforming use at 11730 Point Douglas Drive South,
located east of Highway 61 and west of Manning Avenue. The business has been in operation
in Cottage Grove for numerous years selling new and used boats and powersport vehicles as
well as the storage of boats and recreational vehicles.
Location Map
The proposal requests the ability to construct a 4,000 square foot (40-foot by 80-foot) addition to
the service building that was modified with the 2015 site amendment and expansion approval.
Planning Staff Report — Planning Case No. CUP21-072, SP21-073
61 Marine & Sports Expansion of Non -Conforming Use
October 25, 2021
Page 2 of 6
NIP
2021 Proposed Site Plan
Background
The Applicant's use is a legal non -conforming use in the B-2, Retail Business Zoning District.
Currently 61 Marine & Sports has a variety of outdoor storage areas, sales, and service
buildings. In 2014, the applicant expanded operations onto a 0.95-acre parcel to the east. This
acreage was deeded to Stu -Mac properties, although the two separate parcels were never
combined into one taxing parcel.
Due to growth in business, the applicant in 2015 began expansion of the commercial operations
onto an additional area west of the existing developed site. The expanded use required a
conditional use permit (CUP), site plan review, and minor subdivision to include the expanded
legal non -conforming commercial operations as well as subdivide the additional acres and be
deeded to Stu -Mac Properties. The minor subdivision was required to ensure the expansion of
the legal non -conforming use activities were taking place on property in contiguous ownership
by Stu -Mac Properties. Grading work and tree removal had taken place, therefore, the CUP and
site plan review approvals required the applicant to secure appropriate permits and approvals
for the completed work and for any future work. The approvals in 2015 required that any
additional building construction or site improvements must meet the City's Zoning Ordinance
performance standards for site development.
In 2018, the applicant further expanded operations to the east and was required to apply for an
amendment to the existing CUP and site plan that was previously approved by City Council. The
expansion in 2015 included construction of a 6,000 square foot addition to the existing service
Planning Staff Report — Planning Case No. CUP21-072, SP21-073
61 Marine & Sports Expansion of Non -Conforming Use
October 25, 2021
Page 3 of 6
building, which allowed the applicant to move their current service and mechanic operations
from the main building and use that vacated space as a sales/display area.
In 2019, the applicant continued to expand operations onto property to the east of the 61 Marine
& Sports site. Grading and tree removal activity took place prior to the approval of the minor
subdivision of approximately two -acres of land. The recording of the deeds to complete the
minor subdivision was not completed until recently (2021) and the required combination of the
three separate non -conforming parcels has not been completed to date.
Planning Considerations
Comprehensive Plan and Zoning
The applicant's property is currently guided for commercial and is zoned B-2, Retail Business.
AG1
B3
Zoning Map Detail
Conditional Use and Site Plan
The applicant currently sells and services recreational vehicles, boats, motors, trailers, and re-
lated equipment and parts. Expansions that were completed over the years were all
administered via conditional use permits for the expansion of a non -conforming use. The use is
conducted both inside and outside of buildings on the site. The applicant wishes to further
expand the existing 30-foot x 50-foot showroom building with a 4,000 square foot addition.
Ordinance Criteria
When reviewing conditional use permits (CUP), the Planning Commission looks to Title 11-2-9F,
Criteria for Issuance of CUP, as the guiding doctrine for review. This section states that in grant-
ing 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.
Planning Staff Report — Planning Case No. CUP21-072, SP21-073
61 Marine & Sports Expansion of Non -Conforming Use
October 25, 2021
Page 4 of 6
4. The use shall not be hazardous, detrimental or disturbing to present and potential surrounding
land uses due to noises, glare, smoke, dust, odor, fumes, water pollution, vibration, general
unsightliness or other nuisances.
5. The use shall generate only minimal vehicular traffic on local streets as defined by the trans-
portation element of the Comprehensive Plan. The use shall not create traffic congestion,
unsafe access or parking needs that will cause inconveniences to the adjoining properties.
6. The use shall be served adequately by essential public services, such as streets, police, fire
protection and utilities.
7. The use shall not create excessive additional requirements at public cost for public facilities
and services and shall not be detrimental to the economic welfare of the City.
8. The use shall preserve and incorporate the site's important natural and scenic features into the
development design.
9. The use shall cause minimal adverse environmental effects.
10. The use shall not adversely affect the potential development of adjacent vacant land.
Architecture
The proposed building addition to the showroom includes a metal clad exterior construction
material does not meet the current commercial architectural standards.
rroposea buiming expansion txterior
rroposea buiming expansion txierior
Planning Staff Report — Planning Case No. CUP21-072, SP21-073
61 Marine & Sports Expansion of Non -Conforming Use
October 25, 2021
Page 5 of 6
Though the proposed addition does not meet the City's commercial architectural standards, the
City's 2015 approvals required building facades facing the public right-of-way to meet those
minimum standards, which the applicant met. The proposed 4,000 square foot addition will not
face the public right-of-way; therefore, it is recommended that the metal clad exterior be
considered appropriate architectural materials because it will not face the public right-of-way
and will be in keeping with existing buildings on site.
Access
The access to the site is not modified by the proposed building expansion, and no additional
trips to the site are anticipated.
Parking
The proposed building addition does not require additional parking on the site.
Grading and Stormwater Management
Given the proposed addition does not increase the impervious area on the site, no additional
storm water mitigation is necessary. The existing area of the proposed expansion is currently a
parking area comprised of crushed blacktop. No grading permit is required given the minimal
material needed to be moved as part of the proposed addition.
Tree Preservation
There is no tree removal proposed with this application.
Landscaping
There are no landscaping modifications proposed with the building expansion. It is recom-
mended that all dead and missing landscaping on the site shall be replaced, and that building
perimeter landscaping be provided around the new structure. A revised landscaping plan is
recommended.
Summary
• The proposed building addition does not meet the City's current commercial architectural
standards.
• The balance of the buildings on the site utilized metal clad exterior construction materials.
• The site does not meet current site development and landscaping standards.
• The operation of the current nonconforming use on the site has been conducted without any
negative consequences, and the proposed expansion is expected to operate in the same
fashion.
• The proposed commercial expansion is consistent with the designated land use.
• The proposed commercial expansion has been found to be consistent with the balance of
the criteria for issuing a conditional use permit.
Planning Staff Report— Planning Case No. CUP21-072, SP21-073
61 Marine & Sports Expansion of Non -Conforming Use
October 25, 2021
Page 6 of 6
Recommendation
That the Planning Commission recommend that the City Council approve a conditional use
permit for the expansion of the nonconforming use at 11730 Point Douglas Drive South to
include a 4,000 square foot building addition subject to the following conditions:
1. Prior to the issuance of a full certificate of occupancy for the addition, a lot combination of
the three parcels owned by Stu -Mac properties must be completed by Washington
County.
2. All conditions of Resolution 2015-118 shall be conformed with.
3. The construction of the new building addition will require conformance to the City's com-
mercial architectural standards and site development performance standards.
4. All applicable permits (i.e.; building, electrical, grading, mechanical, right-of-way) must be
completed, submitted, and approved by the City prior to the commencement of any
construction activities. Detailed construction plans must be reviewed and approved by the
Building Official or City Engineer.
5. Landscaping on the site must be maintained in good health at all times, and dead plantings
shall be replaced in a timely manner.
Prepared by:
Emily Schmitz
Senior Planner
Attachments:
Building Plans
Resolution 2015-118
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RESOLUTION NO.2015-118
RESOLUTION APPROVING A MINOR SUBDIVISION TO CREATE A PARCEL OF LAND;
A CONDITIONAL USE PERMIT TO ALLOW EXPANSION OF A LEGAL NONCONFORMING
USE; A PHASED SITE PLAN FOR EXPANSION ONTO A 6.07-ACRE PARCEL;
AND A VARIANCE FROM MINIMUM LANDSCAPING COVERAGE REQUIREMENTS
AT 61 MARINE & SPORTS, 11730 POINT DOUGLAS DRIVE SOUTH
WHEREAS, Stu -Mac Properties c/o 61 Marine & Sports applied for a minor subdivision to
create a 42,120 square foot parcel of land; a conditional use permit to allow the expansion of a
legal nonconforming use west of the existing property on Parcel ID #36.027.21.42.0003; a phased
site plan for expansion onto a 6.07-acre parcel; and a variance from the minimum landscaping
coverage requirements, located on property legally described below:
Lots 1 and 2, Seeger Addition, Cottage Grove, Washington County, State of Minnesota.
Commonly known as 11730 Point Douglas Drive South, Cottage Grove, Washington
County, State of Minnesota.
WHEREAS, public hearing notices were mailed to surrounding property owners within 500
feet of the proposed development site and a public hearing notice was published in the South
Washington County Bulletin; and
WHEREAS, a planning staff report which detailed specific information about the property and
proposed commercial project and the variance, minor exception subdivision, and site plan review
applications was prepared and presented to the Planning Commission; and
WHEREAS, the Planning Commission held the public hearing on these applications on
November 2, 2015; and
WHEREAS, the public hearing was open for public testimony and no public testimony or
written comments was received; and
WHEREAS, the Planning Commission reviewed the variance criteria and findings of facts
established by the Zoning Ordinance for granting a variance; and
WHEREAS, the Planning Commission unanimously (8-to-0 vote) recommended approval
of the minor subdivision, conditional use permit, site plan review and variance applications, based
on the findings of facts and subject to the conditions listed in the Planning Staff Report dated
November 2, 2015.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cottage Grove,
Washington County, Minnesota, hereby grants a minor subdivision to create a 42,120 square foot
parcel of land; a conditional use permit to allow the expansion of a legal nonconforming use west
of the existing property on Parcel ID #36.027.21.42.0003; a phased site plan for expansion onto
a 6.07-acre parcel; and a variance from the minimum landscaping coverage requirements, located
on the property legally described above and based on the following findings of fact:
Resolution No. 2015-118
Page 2 of 5
A. Traffic flow would be hindered by inclusion of interior vegetative landscaped islands in
the exterior storage area.
B. The existing tree preservation areas provide adequate screening of the storage area.
C. The new required landscaping adjacent to the new employee parking area meets the
screening and shade intent and purpose of the landscape ordinance.
D. The ordinance allows up to 75 percent site coverage for buildings, parking, and other
impervious areas.
E. The rural location of the property and existing trees on the site after site development
are unique when compared with brownfield developments within the urban area.
F. The requested variance does not create any negative burdens or undue hardship on
adjacent properties or the general public.
BE IT FURTHER RESOLVED, the recommendation approving the minor subdivision, con-
ditional use permit, site plan review, and variance applications is subject to the following
conditions:
Conditional Use Permit Conditions of Approval:
1. Resolution Nos. 84-07, 93-103, 98-178, 13-117, and 14-058 and all uses permitted
by said resolutions shall be revoked.
2. The construction of the new sales/storage building will require conformance to the
City's commercial architectural standards, an administrative site plan review, and
building and grading permits.
3. Any additional expansion on the site shall require a conditional use permit amendment
and all required City permits.
4. All applicable permits (i.e.; building, electrical, grading, mechanical, right-of-way) must
be completed, submitted, and approved by the City prior to the commencement of any
construction activities. Detailed construction plans must be reviewed and approved by
the Building Official or City Engineer.
5. The front fencing along Highway 61 shall be constructed with ornamental fencing
meeting the City's standard detail plate for commercial properties or be constructed of
black vinyl -clad chain link fencing. The remaining fencing materials shall meet the
ordinance criteria related to commercial fencing.
6. Exterior storage and display is prohibited outside of the fenced storage area.
7. Exterior storage and display are permitted on the concrete patio in front of the principal
structure.
Resolution No. 2015-118
Page 3 of 5
8. The storage area along the east side of the site shall be screened with additional
landscaping around the perimeter.
9. A 20-foot fire access lane is required to be maintained at all times in the storage area.
10. The areas identified as bituminous shall be constructed prior to June 1, 2016.
11. The new bituminous access drive from the existing parking lot to the front of the ex-
pansion area will be located in an area that is on the applicant's property, but within a
public right-of-way easement created in the City's favor. Future public improvements
in the easement area could impact the new access drive or require it to be altered or
removed. The costs associated with the alteration or removal are the applicant's
responsibility.
12. Display or parking of vehicles is prohibited on the new bituminous access drive.
13. The access drive construction requires a public right-of-way permit.
14. Additional landscaping consisting of ornamental trees, shrubs, perennials, and hard-
wood mulch shall be installed adjacent to the proposed bituminous access drive and
the display patio at the front of the main building. A final landscape plan shall be
submitted with the building permit application.
15. The construction of the identified future sales and storage building will require that all
gravel areas on the site be hardsurfaced with concrete or bituminous and shall include
concrete curb and gutter per the City's commercial parking requirements at that time.
16. The exterior finish materials of the future sales and storage building shall meet the
City's architectural standards at the time of construction.
17. The display or parking of vehicles in the existing public right -of way easement is pro-
hibited.
18. The applicant shall plant 11 Category B trees between the public right of way for High-
way 61 and the new employee parking area.
19. Trash and recycling containers shall be contained in enclosures meeting City ordi-
nance criteria.
20. All mechanical equipment and general storage shall be screened from public view as
reviewed and approved by the Community Development Department.
21. Prior to a grading permit application, a detailed landscaping plan shall be submitted
that meets the approval of the Community Development Department.
22. Prior to the release of the grading permit, a bona fide cost estimate of the landscaping
improvements must be submitted in conjunction with a letter of credit approved by the
Resolution No. 2015-118
Page 4 of 5
City in the amount of 150 percent of such estimate. Upon completion of the land-
scaping requirements, the applicant must inform the City in writing that said improve-
ments have been completed. The City will retain the financial guarantee for a period
of one year from the date of notice to insure the survival of the plantings and that the
required as -built survey has been submitted. No building or right -of way permits will
be issued until the required financial guarantee has been received and accepted by
the City.
23. All outdoor lighting shall be downward directed and installed in accordance with City
ordinance criteria.
24. The grading plan and site grading of the property shall be consistent with the
approved surface water management plan.
25. The applicant is responsible for the maintenance of the new stormwater basin in
conformance with the approved grading plan at all times.
26. Any violations of the approving resolution may trigger review of the use by the City
Council and be cause for possible amendments to or revocation of the interim
conditional use permit.
Minor Subdivision Conditions
27. Parcels 36.027.21.42.0023, 36.027.21.41.0005, and 36.027.21.0017 shall be
combined as one taxing parcel with the property legally described as:
THAT PART OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 36,
TOWNSHIP 27 NORTH, RANGE 21 WEST, WASHINGTON COUNTY,
MINNESOTA, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON
THE NORTH LINE OF SAID NORTH 1/2 OF SOUTHEAST 1/4 DISTANT 1460
FEET EAST OF THE NORTHWEST CORNER THEREOF; THENCE SOUTH, AT
RIGHT ANGLES TO SAID NORTH LINE, TO THE INTERSECTION WITH THE
NORTHEASTERLY RIGHT-OF-WAY LINE OF STATE TRUNK HIGHWAY 61,
SAID POINT OF INTERSECTION BEING THE POINT OF BEGINNING OF THE
PARCEL TO BE DESCRIBED; THENCE NORTHWESTERLY, ALONG SAID
RIGHT-OF-WAY LINE, 250 FEET; THENCE DEFLECT TO THE RIGHT 90
DEGREES, TO THE INTERSECTION WITH A LINE BETWEEN THE AFORE -
DESCRIBED POINT OF COMMENCEMENT AND THE AFOREDESCRIBED
POINT OF BEGINNING; THENCE SOUTHERLY TO THE POINT OF
BEGINNING AND THERE TERMINATING
28. A surface water area charge in the amount of $9,091.00 shall be paid to the City prior
to the release of the deed for recording with Washington County.
29. The surface water area charge shall be paid prior to the release of any grading permits
related to the expansion project approved through this resolution.
30. All accessory buildings in use on the parent parcel shall be constructed in a good
workmanship like manner, and not include exterior storage in public view.
Resolution No. 2015-118
Page 5 of 5
Variance Conditions:
31. All new and existing vegetation/landscaping located between the Highway 61 public
right-of-way and the fence storage area shall be maintained at all times and replaced
with vegetation that has a 50 percent opacity if future removal is required due to
demise of the vegetative material in this location.
Passed this 18th day of November, 2015.
Bailey, ay
Mr
Attest:
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JoeMschbach, City Clerk