Public Hearing - Sheila Sellman, City Planner
Title
Title
Granting a Conditional Use Permit for a Recreational Use and a Restaurant with an Approximately 2,700 Square Foot Outdoor Dining Area in a PBD (Planned Business District) Zoning District at 10650 Baltimore Street NE, Suite 100. The Ball Park (Green Car Entertainment, LLC) (Case File No. 23-0025/EES)
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Executive Summary
The proposed entertainment center will feature a bar/restaurant area with outdoor dining and batting cages and baseball simulators. A conditional use permit is required for outdoor dining and recreation. Staff recommends approval.
Schedule of Actions
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City Council (Conditional Use Permit) |
03/20/23 |
|
Action Deadline |
04/28/23 |
Background
Staff report prepared by Elizabeth Showalter, Community Development Specialist and Teresa Barnes, Project Engineer.
Zoning
The property is zoned PBD (Planned Business District) and is located in the Highway 65 Overlay District.
Surrounding Zoning and Uses
The surrounding properties are also zoned PBD. The property is surrounded by:
• Sherman Williams and Crisp & Green/Five Guys are in the parking lot shared with the subject property.
• To the north (across 107th Avenue) - Target and the Victory Village shopping center.
• To the east (across Baltimore Street) - Bricks Pub, Fairfield by Marriot, retail building.
• To the south - Best Western.
• To the west - Highway 65.
Existing Conditions
The site is currently occupied by an approximately 65,000 square foot multitenant retail building on a 8.2 acre lot.
History
The building was constructed as a Gander Mountain in 2005.
In 2018, the building was converted to a multitenant retail building through case file PC18-0028. The CUP allowed for general retail, professional office, and restaurants (not including outdoor dining). The Fun Lab was the first tenant, which received a CUP for recreation to operate a family entertainment center (PC 18-0016). In 2019, a CUP was approved for Planet Fitness to operate a fitness center in the middle tenant space (PC19-0042). At this time the applicant is requesting a CUP for the use of the remaining tenant space in the building.
In 2021, a CUP and plat was approved for the construction of a new building in the existing parking lot, with Crisp and Green and Five Guys as the tenants (PC21-0014).
Evaluation of Request
The applicant is requesting a conditional use permit for outdoor dining and for recreation. Outdoor dining requests are reviewed for compatibility with neighboring properties and potential nuisance concerns. Indoor recreation is primarily reviewed for parking considerations since there is not a set parking requirement for recreation in the code.
Site Plan
The building is existing. The only site change proposed is the construction of an approximately 2,700 square foot outdoor dining area in the rear (east) of the building. The property abuts three public streets. The sides fronting Highway 65 and Baltimore Street are designated as front yards with the side fronting 107th Avenue as a side yard, and the southern property line as a side yard as well.
The existing building and parking lot meet the required 50-foot building and 30-foot parking setbacks in front yards and the 15-foot building and parking setbacks in the side yards.
The outdoor dining area proposed for the rear of the building must meet the 30-foot front yard parking setback, and does meet that setback. The property is surrounded by other commercial uses and staff does not anticipate incompatibility with nearby uses. The applicant is proposing fencing around the outdoor dining area with a 6-foot vinyl fence on the north side of the outdoor dining and a wrought iron style aluminum fence on the other two sides, which will be visible from cars entering the parking lot. Conditions are included in the resolution addressing other potential issues with outdoor dining including amplified music, control of litter, and advertising. The applicant will be required to pay Sewer Access Charges (SAC) for the build out in general, which will include the outdoor dining area.
Parking
Parking is shared between the uses on the subject property (Fun Lab, Planet Fitness and the Ball Park), and the Crisp & Green/Five Guys building. The total parking required for the existing uses is 196 stalls out of the 330 stalls on the property, leaving 134 stalls available.
The applicant calculated the stalls required for the non-recreational uses, applying the ratios in the city code.
• Kitchen - 7
• Indoor dining - 14
• Bar - 38
• Outdoor dining - 25
Note that the attached plans show a juice bar in the front of the space, but the applicant has indicated that they will instead use that space for check-in and merchandise sales, so that area was not counted toward the kitchen or dining calculations. Revised plans will be submitted with the building permit.
Parking for recreational uses is determined through the conditional use permit. The analysis includes an area at the front of the space that will be used for check-in with snacks and merchandise available, four batting lanes, six batting simulators and seating adjacent to the batting areas.
Previous parking requirements for similar uses have included:
• X-Golf was required to have four stalls per golf simulator (each simulator can accommodate a group up to four people), and the ratios for restaurant use were applied to the seating and kitchen areas.
• Fun Lab was calculated at one stall per 300 for the whole use (including dining areas) which is a common parking requirement for community center type uses.
• Batting cages used to be located at 9240 Baltimore Steet (now a multitenant office building). The parking requirement applied to the CUP in 1989 for the use was three stalls per batting cage to account for users, people waiting, and staff. This use was just batting cages, there was no restaurant use.
• Bowling alleys have a specific code requirement of five spaces per lane plus one space for every 400 square feet of area not used for bowling.
The applicant has indicated that 15 stalls will be sufficient for the recreational area based on their anticipated use.
Based on the 1989 approval, three stalls will be required for each batting cage and simulator, for a total of 30 stalls. There is an additional 5,100 square feet of floor area in the recreation area for seating, check-in, and a strength area. Applying the 1/400 requirement that is applied to areas of bowling alleys not used by the lanes, results in an additional 13 parking stalls.
This results in a total parking need for the Ball Park of 128 stalls, which is available. The overall parking ratio using this analysis is one stall per 160 square feet.
Additionally, the parking demand for the various tenants sharing parking are compatible in that the large patio will not be used during the winter and poor weather conditions when Planet Fitness is the busiest, which should help reduce parking demand at any given time.
Architecture
The building is constructed of concrete panels, brick, stone, glass, and EIFS. When the building was constructed, the property was not located in the Highway Overlay District (properties zoned PBD were not included in the overlay until 2020) and the architectural standards for the PBD district were met at the time. Both the PBD and HOD required three premium materials be present on each elevation. The rear elevation of the building does not meet that requirement but is considered legal nonconforming since it met the requirements at the time of construction.
Additionally, that wall is heavily screened by mature trees and is not visible from the right-of-way. The staff report from the time the building was constructed indicated that the intent of the HOD standards were met.
Landscaping and Tree Preservation
The site meets the landscaping standards currently. Five trees are proposed to be removed to accommodate the outdoor dining area. To meet the landscaping and tree preservation standards an equal number of trees must be replaced. The applicant is proposing five new lilac trees and one new linden tree. Ornamental trees cannot be used to meet the tree replacement requirements, so the replacement trees must be either 2.5 caliper inch overstory trees or 6-foot conifer trees. This change is listed in the conditions of approval.
Grading/Storm Drainage
Minor grading will occur for the construction of the outdoor patio area. Existing drainage patterns will be maintained.
Utilities
The proposed development will utilize the existing utilities into the building. No new connections are proposed.
Standard water and sanitary sewer access charges (WAC & SAC) become due with each building permit at the rate established at the time the building permit is issued.
Wetlands/Watershed/FEMA
There are no wetlands or FEMA flood plain on the existing site. A Coon Creek Watershed District review is not required.
Access/Street Design/Sidewalks/Trails
The development will utilize the existing access points to the existing parking area. No new access point will be granted. No additional street design, sidewalks or trails will be required.
Easements/Right-of-way/Permits
The developer will need to obtain all required permits to construct the proposed project. A copy of all permits will need to be submitted to the City prior to any site work.
Conditional Use Permit
A city exercises “quasi-judicial” authority when considering a CUP application. This means the city’s role is limited to applying the standards in the ordinance to the facts presented by the application. The city acts like a judge in evaluating the facts against the standards.
Section 27.04 Criteria for granting conditional use permits:
The Blaine City Council shall consider the advice and recommendations of the Planning Commission and the effect of the proposed use on the comprehensive plan and upon the health, safety, and general welfare of occupants of surrounding lands. Among other things, the Council shall consider the following findings where applicable. (Ord. No. 20-2447, 7-20-2020)
1. The use shall not create an excessive burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area. The use will not create an excessive burden on public facilities or utilities.
2. The use will be located, designed, maintained, and operated to be compatible with adjoining properties and the existing or intended character of the zoning district. The use is consistent with the mixed commercial character of the area including a variety of restaurant, entertainment, and hospitality uses.
3. The use shall have an appearance that will not have an adverse effect upon adjacent properties. The only change in appearance proposed is removal and replacement of five trees and installation of an outdoor dining area. The outdoor dining area will have a decorative fence and landscaping to provide an attractive appearance.
4. The use, in the opinion of the City Council, shall be reasonably related to the overall needs of the City and to the existing land use.
5. The use shall be consistent with the purposes of the zoning code and purposes of the zoning district in which the applicant intends to locate the proposed use. The use is consistent with the purpose of the code and the district. The purpose of the PBD district includes encouraging attractive and enduring business neighborhoods.
6. The use shall not be in conflict with the comprehensive plan of the City. The use is consistent with the comprehensive plan.
7. The use will not cause traffic hazard or congestion. The proposed development will not result in any additional traffic hazards or additional congestion to the area.
8. The use shall have adequate utilities, access roads, drainage and necessary facilities. The proposed development, once constructed, will have the required utility services, adequate roads, and necessary drainage facilities to service the proposed development.
Strategic Plan Relationship
Not applicable.
Board/Commission Review
The public hearing is being held at the City Council meeting, therefore no review or
recommendation was received from the Planning Commission. Conditional use permits for changes in commercial or industrial tenants not neighboring residential areas are often referred directly to the City Council to expedite the review process for the applicant.
Financial Impact
Not applicable.
Public Outreach/Input
Notices of a public hearing were:
1. Mailed to property owners within 350 feet of the property boundaries.
2. Published in Blaine/Spring Lake Park/Columbia Heights/Fridley Life.
3. Posted on the City website.
Staff Recommendation
By motion, adopt the Resolution.
Attachment List
Zoning and Location Map
Applicant Narrative
Site Plan
Floor Plan
Patio Plan
Exterior Elevations
Parking Analysis
Fence Detail
Body
WHEREAS, an application has been filed by Duck Hill LLC (Green Car Entertainment) as Conditional Use Permit Case File No. 23-0023 for The Ball Park; and
WHEREAS, said case involves the property described as follows:
Lot 1 Block 1 BALTIMORE THIRD ADDITION
WHEREAS, the Blaine City Council held a public hearing on March 20, 2023, regarding said Conditional Use Permit; and
WHEREAS, the Blaine City Council has reviewed said case on March 20, 2023; and
WHEREAS, the criteria identified in Section 27.04 for granting a conditional use permit has been met.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Blaine that a conditional use permit is hereby approved per Section 30.52 and 27.04 of the Zoning Ordinance to allow a recreational use and an approximately 2,700 square foot outdoor dining area in a PBD (Planned Business District) zoning district with the following conditions:
1. All trees being removed must be replaced by 2.5 caliper inch overstory trees or 6-foot conifer trees. Ornamental trees do not meet this requirement. The submitted plans show five trees being removed, therefore five replacement trees meeting the size requirements are required.
2. The outdoor dining area is subject to a SAC review and payment. The applicant must work with the City’s Chief Building Official and Metropolitan Council to determine the amount required for this use.
3. Plans for amplified music or a public address system for the outdoor dining area is to be reviewed by the City and approved by the management company prior to installation. Noise level of the music in the outdoor dining area is not to exceed normal conversation level.
4. No outdoor advertising on building or patio area without obtaining a permit.
5. The ability to operate outdoor dining is reliant upon the applicant’s ability to adequately control litter and refuse as associated with the facility.
6. Exit doors in any railing or fence in the outdoor dining area shall be openable from the inside without the use of a key or any special knowledge or effort, per the Minnesota Building Code.
7. Fencing around the outdoor dining area shall be maintenance free and either solid or wrought iron style. Chain link fencing is no permitted.
8. Provide manufacturing specifications and requirements for propane heater use and clearance to combustibles if they are to be used on site.
9. No activity shall take place outside anywhere other than the designated outdoor dining area.
10. The juice bar area on the submitted plans (dated 2/1/2023) shall be converted to check-in and merchandise sales.
PASSED by the City Council of the City of Blaine this 20th day of March, 2023.