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File #: RES 16-050    Version: 1 Name: 16-07 Raising Cane's CUP
Type: Resolution Status: Passed
File created: 4/7/2016 In control: City Council
On agenda: 4/7/2016 Final action: 4/7/2016
Title: GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR THE CONSTRUCTION OF A 4,352 SQUARE FOOT RAISING CANE'S RESTAURANT, A SHARED ACCESS & PARKING AND POLE MOUNTED LIGHTING THAT IS UP TO 40-FEET IN HEIGHT AT 1560 109TH AVENUE NE. KASADA LLC (CSRS, INC. & RAISING CANE'S RESTAURANT, LLC.) (CASE FILE NO. 16-0007/LSJ)
Sponsors: Bryan Schafer

DEVELOPMENT BUSINESS - Bryan K. Schafer, Planning and Community Development Director

 

Title

GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR THE CONSTRUCTION OF A 4,352 SQUARE FOOT RAISING CANE’S RESTAURANT, A SHARED ACCESS & PARKING AND POLE MOUNTED LIGHTING THAT IS UP TO 40-FEET IN HEIGHT AT 1560 109TH AVENUE NE.  KASADA LLC (CSRS, INC. & RAISING CANE’S RESTAURANT, LLC.)  (CASE FILE NO. 16-0007/LSJ)

 

Schedule of Actions

Planning Commission (Public Hearing)

03/08/16

City Council (Conditional Use Permit)

04/07/16

Action Deadline

04/10/16

 

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, four general retail buildings, Chili’s restaurant, Wendy’s, TCF bank, and M&I Bank.  At this time it is being proposed that a Raising Cane’s restaurant be located on one of the last lots remaining in Victory Village.  The lot would be on the southwest corner of 109th Avenue and Davenport Street. 

 

Conditional Use Permit

The site in question is zoned PBD (Planned Business District) and a conditional use permit is required in order to construct a building and develop this site. 

 

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, which is 4,352 square feet.  The site development does include a drive-through for the restaurant. 

 

The building elevations indicate that the building will be constructed of brick, stucco, metal and glass and the building meets the requirements of the Highway 65 Overlay District.

 

The landscaping for Victory Village was calculated for the total site area and not on an individual lot basis.  Therefore, that applicant will need to submit a landscape plan that indicates the total number of trees required for the overall Victory Village development and how the current site matches up to that number. 

 

Site plan approval is required prior to issuance of building permits and this process has already been started by the applicant.

 

All signage is also issued under a separate permit process.  The site will be allowed one monument sign, and wall signage on two sides of the building.  All murals and wall art will be counted towards the wall signage requirement. 

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

Zoning and Location Map

Registered Land Survey

Site Plan

Grading Plan

Landscape Plan

Building Elevations

Floor Plan

 

Body

                     WHEREAS, an application has been filed by Kasada LLC (CSRS, Inc. and Raising Cane’s Restaurant, LLC) as Conditional Use Permit Case File No. 16-0007; and

 

WHEREAS, said case involves the land described as follows:

TRACT A, REGISTERED LAND SURVEY NO 272

 

                     WHEREAS, a public hearing has been held by the Blaine Planning Commission on March 8, 2016; 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 7, 2016.

 

                     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 4,352 square foot Raising Cane’s Restaurant with drive-thru service, shared driveway access & parking and pole mounted lighting that is up to 40-feet in height at 1560 109th Avenue NE based on the following conditions:

 

1.                     Site plan approval is required prior to issuance of a building permit.

2.                     Site, building, 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.                     The buildings constructed to be consistent with the Highway 65 Overlay District. 

6.                     Temporary signage regulated under Zoning Ordinance Section 34.13.

7.                     Permanent signage requires a separate permit approval process. 

8.                     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.

9.                     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.

10.                      Coon Creek Watershed permit is required.  Building permits will not be issued until a copy of the permit application is sent to the City.

11.                     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.

 

PASSED by the City Council of the City of Blaine this 7th day of April, 2016.