ITEM: 11.2 DEVELOPMENT BUSINESS - Bryan K. Schafer, Planning and Community Development Director
Title
GRANTING A CONDITIONAL USE PERMIT EXTENSION TO ALLOW FOR A 9,879 SQUARE FOOT MULTI-TENANT RETAIL BUILDING IN A PBD (PLANNED BUSINESS DISTRICT) ZONING DISTRICT AT 1540 109th AVENUE NE. VICTORY VILLAGE, LLC. (CASE FILE NO. 11-0009/LSJ)
Schedule of Actions
Planning Commission Public Hearing |
04/12/11 |
City Council (Conditional Use Permit) |
05/05/11 |
City Council (Conditional Use Permit Extension) |
06/07/12 |
Background
In May of 2011, Victory Village LLC received a conditional use permit that would allow for the construction of a new multi-tenant retail building in Victory Village 4th Addition. The process of actually securing tenants and constructing the building has taken longer than anticipated, and the applicant would like to extend the conditional use permit approval for a subsequent year. A narrative has been attached from the applicant explaining the delays.
Below is information from the previous City Council report provided in May of 2011. The only item that may change on future plans would be the need for one, rather than two, drive-thru's on the site plan. This minor change is based on the applicant's current negotiations with users of the tenant spaces.
Victory Village is the commercial/retail development on the southeast corner of 109th Avenue and Highway 65. This development includes Super Target, three general retail buildings, Chili's restaurant, Wendy's, TCF bank, and M &I Bank.
The site in question is zoned PBD (Planned Business District) and a conditional use permit is required in order to construct a building on this site.
At this time the developer is proposing to construct a 9,879 square foot retail building on Lot 4, Block 1 of Victory Village 4th Addition. The building elevations indicate that this retail building will be very similar in nature to the other retail buildings in this development and the building meets the requirements of the Highway 65 Overlay District with the use of brick, stucco and glass
Part of this conditional use permit approval will be the approval of a shared access for the site. The entire Victory Village site shares parking and accesses internally. A shared parking and access agreement will be required for this site.
The parking provided for this lot meets the requirements of the Zoning Ordinance for the size of building provided on that lot. A total of 72 stalls would need to be provided for the building and 73 spaces are provided on site. This would allow for restaurant space of 4,500 square feet in this building. Once again, staff will need to monitor tenant finishes to ensure that enough parking is provided on the site.
Two restaurants could be accommodated on the north and south ends of this building. Drive-thru lanes have been provided for both restaurants. If these restaurants wish to have outdoor dining, a second conditional use permit will be required.
The landscaping for Victory Village was calculated for the total site area and not on an individual lot basis. A landscape plan has been provided that indicates the total number of trees required for the overall Victory Village development and how the current site matches up to that number. The landscaping, according to the numbers provided, is on target with the original Victory Village landscape plan.
Site plan approval is required prior to issuance of building permits. All signage is also issued a separate permit process.
Construction sites grading one acre or more require a National Pollutant Discharge Elimination System (NPDES) Phase II Construction Activity Permit from the Minnesota Pollution Control Agency (MPCA) prior to construction. In order to obtain the permit, the Developer is required to include temporary and permanent erosion protection and sediment control Best Management Practices (BMPs), and a Storm Water Pollution Prevention Plan (SWPPP) information on the development grading plan. A building permit will not be issued until a copy of the permit application and SWPPP are submitted to the City.
All lighting on site must be downlit and shielded and freestanding light structures are limited to 40-feet in height as that height was allowed through the conditional use permits for the other additions of Victory Village.
The plans indicate that a bituminous sidewalk is proposed on the east side of the building. The plans must indicate a concrete sidewalk in this area rather than a bituminous sidewalk.
Recommendation
By motion, approve the Resoulution.
Attachments
Zoning and Location Map
Site Plan
Grading Plan
Landscape Plan
Floor Plan
Elevations
Body
PER SECTION 31.30 OF THE ZONING ORDINANCE
WHEREAS, an application has been filed by Victory Village, LLC as conditional use permit Case File No. 11-0009; and
WHEREAS, a public hearing has been held by the Blaine Planning Commission on April 12, 2011; and
WHEREAS, the Blaine Planning Commission recommends said conditional use permit be approved; and
WHEREAS, the Blaine City Council has reviewed said case on May 5, 2011 and June 7, 2012.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Blaine that a conditional use permit extension is hereby approved per Section 31.30 of the zoning ordinance to allow for a 9,879 square foot multi-tenant retail building in a PBD (Planning Business District) zoning district at 1540 109th Avenue NE based on the following conditions:
1. Uses for this lot to include general retail, professional offices and up to 4,500 square feet of restaurant. No outside display or storage of products is allowed at any time on site. Outdoor dining associated with permitted restaurant uses require separate CUP review and approval.
2. Site plan approval is required prior to issuance of a building permit.
3. Site, buildings, and landscaping to be constructed consistent with submitted materials made part of this Conditional Use Permit application with the recommended changes in the conditions.
4. A shared parking and access agreement is required for this site. A copy of this agreement must be provided to the Planning Department prior to issuance of site plan approval.
5. The landscape plan must be consistent with the overall landscape plan for Victory Village that was approved with the Super Target conditional use permit and it must meet the requirements of the Highway 65 Overlay District.
6. All proposed landscape medians should show a detail of how the median will have a slight profile/berm similar to what is seen at the Village development in Blaine. The same standard was applied to the Super Target site.
7. The buildings constructed to be consistent with the Highway 65 Overlay District.
8. Temporary signage regulated under Zoning Ordinance Section 34.13.
9. Permanent signage requires a separate permit approval process. This lot is allowed one monument sign of a maximum height of 14 feet and a maximum square footage of 140 square feet.
10. No overnight storage of delivery vehicles unless approval is received from the Zoning Administrator.
11. All lighting on site must meet requirements established by Section 33.02 of the Zoning Ordinance. Freestanding light structures limited in height to not more than 40 feet.
12. Developer shall explore use of created ponds, existing wells, or new wells as a source of water supply for landscaping systems with a moisture sensor. The developer must obtain City concurrence before connection to the public water system.
13. National Pollutant Discharge Elimination System (NPDES) Phase II Permit is required from the MN Pollution Control Agency. Building permits will not be issued until a copy of the permit application is sent to the City.
14. The plans indicate that a bituminous sidewalk is proposed on the east side of the building. The plans must indicate a concrete sidewalk in this area rather than a bituminous sidewalk.
PASSED by the City Council of the City of Blaine this 7th day of June 2012.