DEVELOPMENT BUSINESS - Bryan K. Schafer, Planning and Community Development Director
Title
GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR THE CONSTRUCTION OF A 4,628 SQUARE FOOT PANERA BREAD RESTAURANT WITH A DRIVE-THROUGH, SHARED ACCESS, AND OUTDOOR DINING IN A PBD (PLANNED BUSINESS DISTRICT) ZONING DISTRICT, LOCATED AT 1530 109TH AVENUE. THE AVALON GROUP/VICTORY VILLAGE LLC. (CASE FILE NO. 18-0010/LSJ)
Schedule of Actions
|
Planning Commission (Public Hearing) |
03/13/18 |
|
City Council (Conditional Use Permit) |
04/05/18 |
|
Action Deadline |
04/09/18 |
Planning Commission
The Planning Commission voted unanimously to approve the Conditional Use Permit. There were no comments at the public hearing.
Background
Victory Village is the commercial/retail development on the southeast corner of 109th Avenue and Highway 65. This development includes Super Target and the surrounding retail lots. There is one lot yet to be developed in this retail center and at this time, the developer is proposing to construct a 4,628 square foot restaurant, Panera Bread, on this last lot. The site is zoned PBD (Planned Business District) and each use in this zoning district requires a conditional use permit, which is being requested at this time. The restaurant will also have outdoor dining and shared accesses which are included in this request. Also being requested is a waiver of platting that basically rearranges the lot lines on the west side of the lot.
Conditional Use Permit
The proposed Panera building is 4,628 square feet. The building itself is being constructed with brick and glass, which does not meet the Highway 65 Overlay District requirements for the number of materials used on the building. The Highway 65 Overlay District comes into play because of the site’s proximity to Highway 65 and the need for a conditional use permit for the use. The ordinance requires 3 enhanced materials to be used on the building and in this case, there is only two materials used. Staff is recommending that an element of stucco or stone is added to all four sides of the building.
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 46 stalls would need to be provided for the building and restaurant use and 46 spaces are provided on site.
As you know, outdoor dining also requires a conditional use permit and Panera has included an outdoor dining plan with their request. The plan indicates that there will be seating for 36 people on the north and west sides of the building. The outdoor dining will be surrounded by a decorative metal fence. The applicant should be aware that the outdoor dining will be subject to SAC fees and will be collected during the site plan approval process. All conditions relative to the outdoor dining portion of the conditional use permit are general conditions that are included with all other outdoor dining requests.
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 under 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.
Recommendation
By motion, approve the Resolution.
Attachments
See Report for Waiver of Platting.
Body
WHEREAS, an application has been filed by The Avalon Group as Conditional Use Permit Case File No. 18-0010; and
WHEREAS, a public hearing has been held by the Blaine Planning Commission on March 13, 2018; and
WHEREAS, the Blaine Planning Commission recommends said Conditional Use Permit be approved; and
WHEREAS, the Blaine City Council has reviewed said case on April 5, 2018.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Blaine that a Conditional Use Permit is hereby approved per Section 31.30 of the Zoning Ordinance to allow for the construction of a 4,628 square foot Panera Bread restaurant with a drive-through and outdoor dining with a total of 36 seats based on the following conditions:
1. Site plan approval is required prior to issuance of a building permit. A Coon Creek Watershed District permit is required for the site and plans will not be approved until the permit is issued.
2. 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.
3. 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.
4. 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.
5. 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.
6. The buildings constructed to be consistent with the Highway 65 Overlay District. An element of stucco or stone must be added to all four sides of the building to meet this requirement.
7. Temporary signage regulated under Zoning Ordinance Section 34.13.
8. 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.
9. No overnight storage of delivery vehicles unless approval is received from the Zoning Administrator.
10. 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 20 feet.
11. 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.
12. 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.
13. The outdoor dining area will be subject to a SAC review and payment. The applicant must work with the City’s Chief Building Official and Met Council to determine the amount required for this use.
14. Plans for amplified music or a public address system for the outdoor dining area to be reviewed by the City and approved by the Victory Village management company prior to installation. Noise level of the music in the outdoor dining area to not exceed normal conversation level.
15. No outdoor advertising on building or patio area without obtaining a permit, including any signage on table umbrellas.
16. The outdoor dining area limited to the patio area identified on the attached site plan, and there can be no more than 36 seats in the outdoor dining area.
17. The ability to operate outdoor dining is reliant upon the applicant’s ability to adequately control litter and refuse as associated with the facility.
18. 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 Uniform Building Code.
19. Provide manufacturing specifications and requirements for propane heater use and clearance to combustibles if they are to be used on site.
20. Applicant must obtain a permit for any fencing around the outdoor dining area. Fencing to be constructed as shown on the plans submitted for this application.
PASSED by the City Council of the City of Blaine this 5th day of April, 2018.