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HomeMy WebLinkAbout2022-06-27 PACKET 06.3. - DUNKIN-BASKIN ROBBINSSTAFF REPORT CASE: CUP2022-046 & V2022-047 ITEM: PUBLIC MEETING DATE: 6/27/22 TENTATIVE COUNCIL REVIEW DATE: 7/20/22 APPLICATION APPLICANT: Grove-DB8, LLC REQUEST: A conditional use permit to allow a drive -through lane at an existing building for use by Dunkin' / Baskin Robbins and a variance to setback requirements for a dumpster enclosure. SITE DATA LOCATION: 7584 80th Street South ZONING: M/U, Mixed Use GUIDED LAND USE: Mixed Use within 300 feet of Arterial Roadways LAND USE OF ADJACENT PROPERTIES: CURRENT GUIDED NORTH: Vacant Lot Medium Density Residential EAST: Commercial Mixed Use SOUTH: Residential Low Density Residential WEST: Apartments M/U with 300 ft arterial roads SIZE: N/A DENSITY: N/A RECOMMENDATION Approval, based on the findings of fact and subject to the conditions stipulated in this staff report. Cottage Grove COTTAGE GROVE PLANNING DIVISION � here Pride and Prosperity Meet Planning Staff Contact: Emily Schmitz, Senior Planner; 651-458-2874; eschmitz(o-)_cottagegrovemn.gov Application Accepted:. 5/31/2022 60-Day Review Deadline: 7/29/2022 City of Cottage Grove Planning Division • 12800 Ravine Parkway South • Cottage Grove, MN 55016 Planning Staff Report 7584 80th Street South — Dunkin'/Baskin Robbins Planning Case No. CUP2022-046 & V2022-047 June 27, 2022 Proposal Lisa McCormick, on behalf of Grove DB8, LLC, has submitted an application for a conditional use permit (CUP) for operation of a drive through (Dunkin'/Baskin Robbins) and a variance application for a reduced setback for the proposed dumpster enclosure to be located at 7584 80th Street South. Site Location Review Schedule Application Received: May 31, 2022 Application Accepted: May 31, 2022 Planning Commission Meeting: June 27, 2022 Tentative City Council Meeting: July 20, 2022 60-Day Review Deadline: July 29, 2022 Planning Commission Staff Report — 7584 80th Street Planning Case No. CUP2022-046 & V2022-047 June 27, 2022 Page 2 of 8 Background It is assumed the current building was constructed sometime around the 1970's. The building has been used for many uses over the years, and more recently the tenant spaces were occupied by a massage parlor, real estate office, and Curves. No improvements to the building or the parking lot have taken place in recent years. A VAS ,. Existing Building/Site Planning Considerations Zoning and Comprehensive Plan The current zoning for this parcel is M/U, Mixed Use, and the proposed use, including a drive - through window for a restaurant and future additional tenant space, is consistent with the City's zoning ordinance. The proposed restaurant will have a patio area and drive -through window, which requires a conditional use permit (CUP). The City's 2040 Comprehensive Plan guides this parcel as a Mixed -Use. Conditional Use Permit The applicant is proposing to utilize and renovate the north end of the existing building for the proposed Dunkin'/Baskin Robbins restaurant. The drive -through would access through the exist- ing curb cut from Hemingway Avenue into the site. The applicant has proposed stacking for six vehicles, which meets the required zoning code minimum. Additional stacking, if necessary, dur- ing peak times with the proposed configuration would remain on the site and continue into the existing parking lot area. This proposed design prohibits potential stacking from extending into Hemingway Avenue and impacting traffic. The City Engineer is supportive of the proposed drive - through design. Planning Commission Staff Report — 7584 80th Street Planning Case No. CUP2022-046 & V2022-047 June 27, 2022 Page 3 of 8 In addition to minimum stacking requirements, drive -through lanes are required to provide screen- ing at a minimum of a four -foot fence or a landscape strip no less than 15 feet in width. Given the minimal area between the proposed drive -through lane and the north property line, the applicant is proposing to install a four -foot screening fence along the north boundary in place of a landscape strip. Planning staff will review the proposed fencing material prior to installation. Fr Ml TFOM r 3ff tEhL rr■' { bla- anwu EC7- LE'- - ?, LF f Yr= sm.-ERt.'T LC- - iLr — - _,t, � ■JEV F � � _ nTWEF �� MCM ,cam M'"M SLAM FTl■I6liO .I L I — nor ur rt I .acaana� €L+we i — E-L lk- B W I tcw +-rc9eac :€a€ Up EMPUL M. > I R_-M G < dl Fx Sllh: HUILI7ING kl I a.axa Sr. �. rmsirYc �.�orerr . 47 N. iM ir+ z LU I' w I E.1T s¢ s€¢r ai E■'9�+6 G04piETE 9 [4idAilC 7M�["7Ff. • •tsr €win, rsa elr. BATH � _ wcric Id[_ +:7G Ws affl i I F.SMM: 'ATM _ l� J. SI}th STREET S. Proposed Site Plan The proposed menu board and speaker are planned on the north edge of the property and will face the existing building. The proposed location will provide additional buffering of the potential noise impacts from the surrounding properties and the right-of-way. All proposed lighting will be downward directed, and the applicant has provided a photometric plan indicating the proposed lighting will not exceed 1.0-foot candle at the property lines. Planning Commission Staff Report — 7584 80th Street Planning Case No. CUP2022-046 & V2022-047 June 27, 2022 Page 4 of 8 Site Plan Given the applicant is proposing only to rehabilitate the existing building, no additional site plan review application is required-, however, it is important to note with the addition of the drive -through for the Dunkin'/Baskin Robbins operation on the north end of the building, the applicant is propos- ing additional improvements to the building and the site, including painting of the exterior facade and replacement of tenant doors and windows. I lmrlr IIIIIIIIIIIII ����i �� 111 11 PRERN. METAL CANOPY " STOREFRONT FRAMES ACCENT COLOR ANODIZED ALUMINUM CLEAR (SILVER) WEST ELEVATION IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII � Illll � NORTH ELEVATION EAST ELEVATION PANT COLOR SHERWN WILLIAMSSW 7064, CRAY MATTERS [TENA PAINT COLOR _ _ PAINT COLOR SFERWIN WILLKW _ SFERWIN WILLWMS SW 7064, GRAY MATTERS SW 7019, CAUNILET GRAY 0 SOUTH ELEVATION Proposed Exterior Improvements Setbacks City Code minimum setbacks within the Mixed -Use Zoning District are: • 10-foot side yard setback • 10-foot front setback • 10-foot rear yard setback The applicant is not proposing to increase the building or the parking lot size as part of their proposed improvements; therefore, the existing legal non -conforming setbacks for the parking lot Planning Commission Staff Report — 7584 80th Street Planning Case No. CUP2022-046 & V2022-047 June 27, 2022 Page 5 of 8 and the building are considered legal non -conforming and can remain. Any future proposed addi- tions on the site will be required to meet the minimum required setbacks. The applicant is proposing to add a dumpster enclosure to the site, which has been proposed at a zero -lot line setback on the north property line. The City's Zoning Code requires a 10-foot set- back from property lines for newly constructed dumpster enclosures. Given the existing site and current conditions of a zero -lot line parking lot setback, there are limited locations for a proposed new dumpster enclosure location on the site without creating a visual impact from the right-of- way. The applicant's proposed location allows for a functional drive -through lane while locating the structure further from the public street. rT H I:+� TRASH ENMG&_ 2E SCREEN FENCE SEE CCT04L 2/A7 MENU BOARD FWR7FI �,EC - 22 L r AND SPEAKER E&ST LEC I i MEus,wcE + � ARM I Ala, i DO N4T ENTER SEE YOU Sock NEW ODNCRETE S.AU AT FA7Io I ; ICK IMP .. t1 ' WAN( w Lbw NEY1 ACCESSME SLL3N ' a SEE ECTAIL 31AI O�ORdTIvE PENON13 _ _ NEW NO PARKING SIGN rEE UIErAIL i/As :. o Dumpster Enclosure Location The dumpster enclosure will be required to be constructed out of materials similar to those on the principal structure along with opaque fence type material for the doors. Parking There are currently 50 parking spaces on the site. The applicant will be removing spaces for the drive -through, proposed patio, dumpster enclosure, and parking medians-, however, it will still meet the minimum required parking spaces with the remaining spaces, which is a total of 33 spaces. One space is required for each three seats (11 proposed seats/3 seats = 4 spaces) within the restaurant portion and 4.5 spaces for each additional 1,000 square feet of "neighborhood shopping center" area (6100 square feet/1,000 X 4.5 = 27 spaces). A total of 30 spaces are required, with 33 provided. Signage The applicant will be required to secure a separate building permit for their proposed monument sign. The applicant plans to utilize the existing location and pad-, however, the proposed adjust- Planning Commission Staff Report — 7584 80th Street Planning Case No. CUP2022-046 & V2022-047 June 27, 2022 Page 6 of 8 ments will bring the sign into compliance, including the maximum height for a monument sign (10 feet) as well as materials on the base of the sign matching the principal structure materials. The existing sign is approximately 12.5 feet high while the new sign is planned to be constructed at the maximum permitted height of 10 feet. TENANT 2 TEST 3 TENANT # TENANT S . MONUMENT SIGN Tree Mitigation The applicant is not proposing to remove greater than the permitted removal threshold of 50% qualifying inches from the site; therefore, no mitigation is required for this proposed project. Landscape Additional landscaping is not required with the submitted applications; however, the applicant is dedicated to improving the facade and visual impact from 80th Street and Hemingway Avenue. The applicant is proposing new landscape plantings throughout the site where feasible and will submit an updated landscape plan with their building permit application. The planning department will review as a part of the building permit review process. Stormwater Given the proposed improvements do not include additional impervious surfaces, no additional stormwater mitigation is required. Conditional Use Permit The City Code requires that restaurants with drive -up windows are allowed but must obtain a conditional use permit. 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: Planning Commission Staff Report — 7584 80th Street Planning Case No. CUP2022-046 & V2022-047 June 27, 2022 Page 7 of 8 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 these criteria on June 1, 2022. The Committee found that the CUP criteria could be met and the CUP for the requested restaurant could subsequently be approved utilizing the same approval conditions imposed on other restaurants with "drive -through" windows. Public Hearing Notices The public hearing notice was published in the St Paul Pioneer Press and mailed to 92 property owners that are within 500 feet of the proposed project on June 15, 2022. Recommendation That the Planning Commission recommends that the City Council approve the conditional use permit to allow a drive -up window and a variance to a reduced setback for a dumpster enclosure, subject to the following conditions: Conditional Use Permit 1. All applicable permits (i.e.: building, electrical, grading, and mechanical) must be completed, submitted, and approved by the City prior to the commencement of any construction activ- ities. Detailed construction plans must be reviewed and approved by the Building Official and Fire Marshal. 2. The applicant shall remove the existing monument sign and secure a separate building permit, reviewed and approved by the Planning Department, for a monument sign meeting Planning Commission Staff Report — 7584 80th Street Planning Case No. CUP2022-046 & V2022-047 June 27, 2022 Page 8 of 8 the City Code minimum standards prior to issuance. All proposed signage shall be in accordance with City Code Title 9-8, Signs. 3. All site lighting must meet City Code requirements. All light fixtures must be downward directed with cut-offs. 4. Any mechanical equipment on top of the building must be screened from public view. The mechanical units shall be screened as required in Title 11-6-4 of the City's Zoning Ordinance. 5. The applicant shall be responsible for maintaining the sidewalks and removing snow and/or ice from sidewalks on the site. 6. Fencing proposed along the north property line shall be installed completely on the property of 7584 80th Street South. 7. At no time will there be any installation or use of an outdoor two-way communication system for ordering food or any other type of product to be sold or given away. 8. Any future proposed additions to the building will require site plan review and approval prior to issuance of a building permit. 9. The applicant shall secure a right-of-way permit prior to work installing the proposed side- walk connection from the site to the existing sidewalk along 80th Street. Variance 10. Rubbish, garbage, and recycling containers must be stored within an enclosed structure compliant with City ordinance screening requirements and shall always be maintained so as to not cause odors or other public nuisances. Trash enclosures must be constructed of building materials that are consistent with the principal building's exterior materials. 11. The enclosure shall be constructed at a minimum six (6) inches off any property lines, and three sides must be constructed of masonry materials similar to that of the principal struc- ture. The Planning Department will review and approve a proposed enclosure design prior to issuance of a building permit. 12. Final site plan location of the dumpster enclosure shall be reviewed and approved by City staff prior to installation. Prepared by Emily Schmitz — Senior Planner Attarhments — Response to Ordinance Criteria — Site Plan — Building Elevations — Photometric Plan CONDITIONAL USE PERMIT: RESPONSE TO ORDINANCE CRITERIA relating to Grove — DB8, LLC's request for a CUP to allow a drive-thru at 7584 80t" St. S, Cottage Grove, MN 55016. In order to aid in the review process, please give a DETAILED response to the following ordinance criteria on this form or on separate exhibits. Your ability to meet the criteria is what the Planning Commission/City Council is required, in part, to base their review, so be specific. A. Will the use be in conformity with the City's Comprehensive Plan and with the purpose, intent, and applicable standards of the Zoning Ordinance? EXPLAIN. YES. The proposed plan meets one of the City's Comprehensive plan's key themes related to Land Use by contributing to a greater variety of retail, restaurant and entertainment options while providing additional job opportunities. As it relates to the Zoning Code, the proposed plan meets the requirements of Section 11-4-2 as it relates to Drive-In/Thru and Class 3 Restaurants, specifically, a 4'-0" screening fence that will be at least 50% opaque throughout its height is planned to be constructed along the property line surrounding the Drive-Thru; Traffic and parking arrangements have been planned and augmented with directional signage, an extension of the existing sidewalk and a bike rack to facilitate internal traffic flow and avoid a public nuisance. The lighting system has been designed to not cause excessive light beyond the lot line. B. 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. How does the proposed use fit these criteria? According to the Zoning Letter received 1/21/2021, the property is currently located in a M-U, Mixed Use District. The Mixed -Use Business District (M-U) is described in the Code as a commercial district intended to provide flexibility to allow complementary uses that support one another, including any combination of higher density residential, commercial services and retail, employment opportunities, and transit. The district promotes a walkable, sustainable development pattern that supports alternative forms of transportation while still accommodating the automobile. The proposed use is located and designed to be compatible with the existing and intended character of the surrounding areas, including the high -density apartment complex across the street as well as the nearby residential areas, schools and library. The proposed use brings additional retail, restaurant and entertainment options to the community while also adding employment opportunities. In addition to the drive-thru being added, other site improvements such as extending the existing sidewalk to connect to the public trail along 801" Street and adding a bike rack increase the potential for walkability and alternative transportation. Overall, the proposed improvements have been designed to update the site generally in order to attract other complementary businesses that would serve the community through product and service offerings. C. The use shall not depreciate values of surrounding property. Explain effects of the proposed use on surrounding property values. The proposed use will enhance surrounding property values. As it currently exists, the building is outdated, awnings are in disrepair, landscaping has overgrown, etc. In general, this site has been long overdue for exterior improvements as reflected in the low tenancy within the building. By updating the building and sign structure with more modern color schemes and materials, re -striping the parking lot, etc. and in general, enhancing the overall visual appeal of the site, we expect to attract high quality tenants and establish this as a vibrant corner that serves the neighboring uses. D. 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. Explain effects of proposed use. The proposed use does not involve any hazardous or otherwise detrimental material other than standard cleaning products used in the ordinary course of business. It is standard in DDBR operations to install and utilize an interior grease trap to prevent grease, fats and oils from causing a problem in the water mains. With respect to the drive-thru, there will be a 4'-0" high dog-eared privacy fence installed to screen car headlights from the neighboring properties; and the speaker system used in conjunction with the Drive-thru is manufactured by 3M with the intercom systems preadjusted to produce an audio sound pressure level of 70 decibels at a distance of 4 feet in front of the center of the speaker. Please note that sound diminishes at a rate of 6 decibels every time the distance from the sound source is doubled; e.g., at a distance of 8 feet, the level is 64 decibels, at 16 feet, is it 58 decibels and so on. In additional, all drive-thru intercom systems have an adjustable output and if the need arises, can be modified to accommodate an area with more or less background noise. They also have a Day/Night switch which is easily accessed by management to lower the volume for those locations offering 24-hour operations. In this instance, store hours are generally between the maximum hours of 5am — 10pm. E. The use shall generate only minimal vehicular traffic on local streets as defined by the Transportation 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. Explain the transportation needs for the proposed use. The proposed use should not cause any congestion, unsafe access or additional parking needs on or for the adjoining properties. Based on the site plan provided, the plan meets the minimum stacking requirements of six (6) vehicle spaces per lane under Section 11-3-9 (E)(8). While on -street parking is currently allowed on Hemingway Avenue, we are providing more than the required number of parking stalls. Using the parking calculation of 1 stall per every 3 seats for "Restaurants" (Section 11-3-9(F)) and 4.5 stalls per 1000 SF for the remainder of the building (Section 11-3-9(F) Neighborhood Shopping Center), a total of thirty (30) stalls are required and thirty-three (33) are being provided. In addition, we expect to incorporate approximately three directional signs for internal traffic control, have located a bike rack onsite close to the trail along 801" Street, and extended the existing sidewalk to facilitate improved pedestrian walkability and access in, to and from the property. F. The use shall be served adequately by essential public services such as streets, police, fire protection and utilities. Explain how the proposed use will be served. With the proposed use, we do not anticipate any increased need for essential public services beyond what currently exists. The ingress/egress will be well defined with striping/arrows, and utilities are already in place. If anything, by enhancing the vitality and use of the property, we expect there to be increased public safety due to an increased presence of people occupying and patronizing the businesses located on site. G. 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. Justify this statement. This site currently operates as a private, commercial retail center and the proposed use is part of a private project that has not requested any public funding or financing through tax -incremental financing, etc. As mentioned above, utilities are already in place and any necessary costs would be borne by the property owner and/or the tenants. We anticipate no increased need for police or fire beyond what is being currently provided. H. The use shall preserve and incorporate the site's important natural and scenic features into the development of adjacent vacant land. Will these criteria be met? YES. The proposed changes to the site will enhance not only the subject property but the appearance when viewed from any development occurring on adjacent vacant land. That said, there are two large trees (one Elm and one Box Elder) on the adjacent parcel to the north that abut the north property line of the subject property. The trees appear to be diseased and damaged with broken and fallen limbs. We intend to contact the adjacent property owner in an attempt to have these trees removed or pruned to eliminate any potential risk of limbs falling in the drive-thru. In the event that the neighboring property owner desires to have the trees remain, we will prune branches overhanging onto the subject property as necessary and as allowed under Minnesota law. I. The use shall cause minimal adverse environmental effects. List any effects. NONE. J. The use shall not adversely affect the potential development of adjacent vacant land. List any potential problems. See also the response to Item H. above. We anticipate no potential problems but because there is a vacant lot to the north, we will detail our basis for the determination. The subject property is situated on a corner lot and the proposed drive-thru will be situated in the Northeast corner of the property. The drive- thru will be screened by a 4'-0" H opaque fence to screen adjacent properties from headlights. With respect to the vacant parcel to the north, a proposal for high -density senior apartment complex is being considered by the City. Should this project go through according to the preliminary site plan submitted, the direction of the Drive-thru would be towards their parking lot. Given the landscape requirements associated with new construction, we anticipate no problems or adverse effects on the potential redevelopment of the adjacent lot. The property to the East is already developed as an established commercial use with their Northwest corner abutting the subject property covered with trees and vegetation so no problem whatsoever is anticipated there. APPLICANT NAME: Grove DB8, LLC dba Dunkin'/Baskin Robbins CASE NO. UsA MCCORMICK Attorney at Law 651.983.6729 2355 Fairview Avenue #275, St. Paul, MN 55113 Is.rnccrmck@gmail.com May 31, 2022 Emily Schmitz Senior Planner City of Cottage Grove, MN 12800 Ravine Parkway South Cottage Grove, MN 55016 Re: Application for CUP permit for DT for Dunkin' / Baskin Robbins at 7584 801h Street S; PID 08.027.21.43.0005 Dear Ms. Schmitz: The purpose of this letter is to detail our application for a conditional use permit for a single -lane drive-thru and pick-up window to be installed in/at an existing commercial site located at 7584 80th St S, in conjunction with the proposed tenant build -out for a Dunkin' / Baskin Robbins (DDBR) retaillrestau rant. The subject site is located in the northeast corner of the intersection of 80th Street South and Hemingway Avenue with DDBR occupying the northern end -cap. A patio for outdoor seating will be added in addition to the drive -through. The proposed DT window will be added on the north elevation of the existing building, and the single DT lane will be located at the north end of the parcel and will accommodate a minimum stacking of 6-cars to avoid back-up in the parking lot. In accordance with Section 11-4-2 of the City Code, vehicular and pedestrian circulation on the site will be reworked, and a screening fence added along the property line around the DT. New landscaping will be installed along 801h Street and the existing sidewalk will be extended to the trail along 80th Street to improve walkability. Located just blocks away from the Gateway District, the site is comprised of five separate retail/office suites which at this time, have been mostly vacant for some time. The building and existing monument sign are believed to have been built in the early 1970s and as such, are legally non- conforming. However, contemporaneously with this build -out, the property owner is coordinating with the operator/franchisee of DDBR to design certain improvements to the facade and monument sign in order to update and upgrade the site while complimenting the adjacent redevelopment (Grove80 Apartments) and attract quality tenants to the remaining available suites_ Should this application for a conditional use permit be approved, construction is anticipated to start yet this summer with the goal of DDBR opening to the public this coming October 2022. Parties Involved: Applicant: Grove DB8, LLC, dba DDBR; Contact: Lisa McCormick on behalf of Applicant Property Owner: Hemingway Retail, LLC Architect for exterior improvements: Lampert Architects Architect for DDBR build -out: Reprise Design Description of the Business: Dunkin'/Baskin Robbins are national franchises which were reintroduced to Minnesota markets in 2016. Since that time, multiple locations have opened across the metro with all locations being locally owned and operated by franchisees. The proposed project involves reconfiguring an existing site to incorporate a single -lane drive -through in order to meet franchise standards and provide convenience to the guests and customers of a co -branded Dunkin'/ Baskin Robbins at this location. Because of the high percentage of family households in Cottage Grove, the proximity to residential areas as well as the surrounding public uses, it was decided to offer the benefits of a co -branded site to provide to the community, not only Dunkin' well-known coffee drinks, donuts and sandwiches, but also ice cream treats for on -site consumption and take-home hard -packed ice cream and cakes. Traditionally, Dunkin' donuts stores are busiest in the early morning hours. In contrast, Baskin Robbins peak times are in the afternoon and evening. Not only does this option provide for enhanced utilization of the site throughout the day, but its convenient location allows for families to pick up and transport frozen ice cream cakes `on their way" to nearby destinations — whether it be home, work, or social events. Zoning Classification and Surrounding Land Uses: Per a Zoning Letter received from the City of Cottage Grove dated 01/25/2021, the subject parcel is located in a Mixed -Use (Commercial) District, close to the Gateway District. The proposed use as a commercial -retail strip center is approved under the current zoning code. A conditional use permit is required for any Class 1, 2 or 3 Restaurant with a drive -through. Surrounding Land Uses include single family residential areas, multi -family apartments, commercial uses, and public uses such as a library and elementary school. 2040 Comprehensive Plan Guidance: The 2040 Comprehensive Plan has the subject property and surrounding uses guided for primarily commercial/neighborhood businesses and office/service uses. The addition of DDBR to Cottage Grove also serves the Community Vision by offering a greater variety of retail and restaurants options to the area. The popularity of Dunkin' Brands (rated #1 in customer loyalty by Brand Keys for 10 consecutive years) will also bring customers to the area, offering more opportunities for other retail businesses nearby. Deviations: As mentioned above, the building and existing monument sign are believed to have been built in the early 1970s and as such, are legally non -conforming. With the proposed plan for site and exterior improvements, we feel that the proposed plan will bring the subject property into greater alignment and/or closer to conformity with the current Zoning Code and planned land use goals. The deviations from the current code existing currently include the following: • Parking in setback: While the number of parking stalls needed for the proposed use(s) will be met without the need for a variance (see also attached Response to Ordinance Criteria), parking has been and will continue to overlap the 10" setback areas on the north and west boundaries. • Trash Enclosure: There is no dumpster enclosure currently existing on the property. The proposed plan includes the installation of a dumpster enclosure as shown. It is not located in the front yard of the property, but we are unable to locate it 10' from the property line without interfering with parking or internal traffic flow. As shown on the proposed plan, it is situated on next to or on the property line. The enclosure will be situated on a poured concrete base and the walls match the new exterior materials of the building. The enclosure will be for the disposal of domestic trash and recycling by all tenants in the building. See also the Variance application. • Monument Sign: As mentioned above, the current monument,sign is legally non -conforming. The current height of the structure is 12'-6" H and 1 V-0" W and is outdated in appearance. The proposed plan to modify and update the structure involves removing the unattractive "header" to create a more streamlined, updated appearance using matching the new exterior building materials and colors. In doing so, while the height remains unchanged, we have reduced the width by 2'-0". We believe the proposed design complements the signage on the adjacent apartment development while maintaining consistency with other monument signs along 80th Street as to the type and size of sign faces. See attached Exhibit comparing monument signs. Sustainability Components: In conjunction with this project, additional site improvements which would contribute to sustainability practices the City is encouraging include: • Adding a bike rack and extending the existing sidewalk to connect to public ROW to facilitate increased pedestrian walkability and alternative methods of transportation • Installation of new dumpster enclosure for trash/recycling to serve the tenants of the building (currently none on site) • Fagade improvements • New landscaping added along 801h Street, around monument sign and in planting bed in front of the south endcap • LED lighting (In accordance with Section 114-2 relating to Drive-Inith rough and Class 3 Restaurants, a photometric plan has been developed and included in this submittal) • Hazard Mitigation: In our opinion, the existing Ash tree next to the public walkway along 801h Street has had significant trunk damage and appears to be infested with Emerald Ash Borer. and should be removed. In an effort to mitigate any threat to public safety or cause harm from falling branches or limbs, we intend to remove this tree and replace it with a row of attractive shrubs along 80th that will provide visual appeal and fall color. SUMMARY: The current use of the building is mixed -use and historically comprised of commercial retail or office uses. With the increased costs in construction we're seeing post-Covid, we believe we've provided a design that conforms with the City's goals without being cost -prohibitive. We believe that the aggregate components of this project, namely, the installation of a community -orientated national franchise with positive name recognition, along with the proposed exterior improvements, overall, meet most if not all the goals of mixed -use districts, namely: • Supports surrounding uses by providing complementary products, services, and employment opportunities • Promotes a more walkable, sustainable location by connecting to existing public trails/walkways. • Provides an updated exterior design aesthetic that is more modern and complementary to the surrounding area. Finally; see also the attached Responses to Ordinance Criteria. Very Truly Yours, ' f I Lisa McCormick Enc. Cc via email: Grove DB-8, LLC; Hemingway Retail, LLC VARIANCE APPLICATION: RESPONSE TO ORDINANCE CRITERIA relating to Grove — DB8, LLC's request for a variance to allow construction of a dumpster enclosure on the north lot line at 7584 80t" St. S, Cottage Grove, MN 55016. The Planning Commission and City Council may recommend a variance from the strict application of the zoning ordinance, if they find that your application meets the findings below. Please provide a DETAILED response to all of the following findings: 1. The variance is in harmony with the purposes and intent of this title. Please circle Yes No 2. The variance is consistent with the comprehensive plan. Please circleG No 3. The proposal puts the property to a reasonable use. Please explain. This site has operated without a dumpster enclosure and continues to do so to date. As currently built -out, this building contains five separate tenant suites. In our opinion, it is a reasonable expectation of tenants (existing and potential) for the landowner/Landlord to provide an enclosure to screen and hold a dumpster for tenant's disposal of domestic trash. 4. There are unique circumstances to the property not created by the landowner. Please identify these circumstances. As shown on the survey provided, the building was constructed in such a way that the only available space for construction of an enclosure outside of the front yard of the property would be to the north or south of the building. The entire area north of the building is required for the proposed drive-thru; and the area south of the building in encumbered by a public sidewalk and utility easement rendering the area unavailable for construction of an enclosure in that area. 5. 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 classifications. Please list the conditions that are unique. The subject property involved in this request is a corner lot with an existing building. The orientation of the building limits the area available to construct an enclosure without encroaching into the setback area or interfering with parking and is likely the reason that this site has never had an enclosure for a dumpster previously. • See also response to No. 4 above. 6. The purpose of the variance is not based exclusively upon a financial hardship. Please circle: Yes No Yes, this statement is correct. This request is not related to a financial hardship. 7. The granting of the variance will not be detrimental to the public welfare or injurious to other tau,d or improvements in the neighborhood in which the parcel of land is located. Please circle: Yes No Yes, this statement is correct. Granting this request will not be detrimental to other lands. 8. 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. Please identify any potential impact the requested variance may have. NONE. It is our opinion that any impact would be positive in nature. Providing an enclosure that matches the new building materials would enhance the overall aesthetic of the site and providing a centralized enclosure for the holding and disposal of domestic trash would reduce the potential for tenants to store trash outside or in the rear of the building and possibly attracting rodents or other pests. Economic 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: Grove DB8, LLC CASE NO. LISA MCCORMICK Attorney at Law 651.983.6729 2355 Fairview Avenue #275, St. Paul, MN 55113 Is.mccrmck@gmail.com May 31, 2022 Emily Schmitz Senior Planner City of Cottage Grove, MN 12800 Ravine Parkway South Cottage Grove, MN 55016 Re: Application for a variance to allow construction of a dumpster enclosure on the north lot line of 7584 801h Street S; PI 08,027.21A3.0005 Dear Ms. Schmitz: The purpose of this letter is to provide a narrative detailing our application for a variance to allow for a 10'-0" variance of the current 10'-0" setback required under Section 11-6-3 (13)(1), thereby allowing us to construct a dumpster enclosure on the north lot line of the above -referenced property in conjunction with the request for a conditional use permit for a single -lane drive-thru and pick-up window to be installed at the subject property along with other proposed exterior site improvements. The subject site is located in the northeast corner of the intersection of 801h Street South and Hemingway Avenue with the proposed drive-thru benefitting the north endcap. In accordance with Section 11-4-2 of the City Code, vehicular and pedestrian circulation on the site will be reworked, and a screening fence added along the property line around the DT. New landscaping will be installed along 801h Street and the existing sidewalk will be extended to the trail along 80th Street to improve walkability. Located just blocks away from the Gateway District, the site is comprised of five separate retail/office suites which at this time, have been mostly vacant for some time. The building and existing monument sign are believed to have been built in the early 1970s and as such, are legally non- conforming. However, contemporaneously with this build -out, the property owner is coordinating with the operator/franchisee of DDBR to design certain improvements to the fagade and monument sign in order to update and upgrade the site while complimenting the adjacent redevelopment (Grove80 Apartments) and attract quality tenants to the remaining available suites. The proposed plans also include the construction of a dumpster enclosure to be used by the buildings tenants. Parties involved: Applicant: Grove DB8, LLC, dba DDBR; Contact: Lisa McCormick on behalf of Applicant Property Owner. Hemingway Retail, LLC Architect for exterior improvements: Lampert Architects Architect for DDBR build -out: Reprise Design Zoningtlassification and Surrounding Land Uses: Per a Zoning Letter received from the City of Cottage Grove dated 01/2512021, the subject parcel is located in a Mixed -Use (Commercial) District, close to the Gateway District. The proposed use as a commercial -retail strip center is approved under the current zoning code. Surrounding Land Uses include single family residential areas, multi -family apartments, commercial uses, and public uses such as a library and elementary school. 2040 Comorehensive Plan Guidance The 2040 Comprehensive Plan has the subject property and surrounding uses guided for primarily commerciallneighborhood businesses and office/service uses. The addition of DDBR to Cottage Grove also serves the Community Vision by offering a greater variety of retail and restaurants options to the area. The popularity of Dunkin' Brands (rated #1 in customer loyalty by Brand Keys for 10 consecutive years) will also bring customers to the area, offering more opportunities for other retail businesses nearby. Deviations: As mentioned above, the building and existing monument sign are believed to have been built in the early 1970s and as such, are legally non -conforming. With the proposed plan for site and exterior improvements, we feel that the proposed plan will bring the subject property into greater alignment and/or closer to conformity with the current Zoning Code and planned land use goals. Specific to this request, the deviations from the current code existing currently include the following. - Trash Enclosure: There is no dumpster enclosure currently existing on the property. The proposed plan includes the installation of a dumpster enclosure as shown. It is not located in the front yard of the property, but we are unable to locate it 10' from the property line without interfering with parking or internal traffic flow. As shown on the proposed plan, it is situated next to or on the property line. The enclosure will be situated on a poured concrete base and the walls match the new exterior materials of the building. The enclosure will be for the disposal of domestic trash and recycling by all tenants in the building. lyna► LAMIMi The current use of the building is mixed -use and historically comprised of commercial retail or office uses. We believe that the aggregate components of this project, namely, the installation of a community -orientated national franchise with positive name recognition, along with the proposed exterior improvements, and specifically, the proposed construction of a common dumpster enclosure, overall, meet most if not all the goals of mixed -use districts, namely: • Supports surrounding uses by providing complementary products, services, and employment opportunities • Promotes a more walkable, sustainable location by connecting to existing public trails/walkways. • Provides an updated exterior design aesthetic that is more modern and complementary to the surrounding area. • Bringing the site into compliance with Section 11-6-3, namely, that solid waste storage is to be stored in closed containers designed for such purposes. Finally, see also the attached Responses to Ordinance Criteria. Very Truly Yours, Lisa McCormick Enc. Cc via email: Grove DB-8, LLC; Hemingway Retail, LLC b ON PICKETS PLANE oR STAIN ONCREEE U Li �EpNCE oETAaI A,_,_ 1Ft� MET P RE°a Na EINE \ / oN TO VAN —ESSALE PARKING SIGN (DACCESSIBLE PARKING SIGN qi pLE - , -a , -o I RE IF A AT 105 DEGREES OPENkII RREA.OEAIz>aNNR.�IER N EOPINGa=PRI�VEDfTTS�Ew I� IR INTO �I FLUSH : �C.�RE.FRo�E ��IA �G TOP PIERR ELEVATION ASECTIONeTRASH "ALE o R s �a�EF ENCLOSURE i /a. - 1-1 o La/U1 ��pREEN FE EE "TAILARE SPEpuER✓./� Si LEG SG LE 0 o NCE CLEAIA R Mg. �RO ON SON NEW ETE I lli'VOECORAEIVE.� / SEE E / 11— �1 r' L 31A1 omL1111 SEE DETAIL 4/A1 g, Lu ANN wJIDRGN oE.a�E3iA, EllTI US Q CONOIHIN EwsTING BUILDING ENDIING P—MEN G.GsENEW P.Aof SALI E E.RIPEE i NI E NEW LRIATIONT FOR BT LO CA elcvcLE ancBANKMAN SLOPE) 10 ENDIING PATH 80th STREET S. PARANINDATA 78 SE� 1/3 SEATS - a STALLS A�„LassAElF ATl PRO 1/1— Ell 11 n�LE P NORTN el, SI�TE PLAN ®® N -o NT COLOR (RWIN WILLIAMS 7063, NEBULOUS WHITE NT COLOR IRWIN WILLIAMS 7019, GAUNTLET GRAY PREFIN. METAL CANOPY ACCENT COLOR ANODIZED ALUMINUM CLEAR (SILVER) WEST ELEVATION IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NORTH ELEVATION PAINT COLOR SHERWIN WILLIAMS SW 7064, GRAY MATTERS �������������������������������� IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII EAST ELEVATION METAL FLASHING MATCH SW 7069, IRON ORE TENANT 1 PAINT COLOR SHERWIN WILLIAMS PAINT COLOR PAINT COLOR ANT 2 SW 7069, IRON ORE SH€RWIN WILLIAMS SHERWIN WILLIAMS TENANT 3 SW 7064, GRAY MATTERS SW 7019, GAUNTLET GRAY TENANT 4 PAINT COLOR 0 SHERWIN WILLIAMS TENANT 5 SW 7063, NEBULOUS WHITE SOUTH ELEVATION MONUMENT SIGN HEMINGWAY RETAIL 7584 South 80th Street, Cottage Grove, Minnesota 7584 80 St S: Existing monument site as compared to monument sign for new Grove 80 Apts across Hemingway Avenue Proposed modified sign per plans. TE, +T I I I_ MOW 2 I TE1'T 31 TUn,urr 4 TENANT 5....... 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