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File #: TMP 13-1286    Version: 1 Name: 13-57 Panda Express Bldg
Type: Report Status: Agenda Ready
File created: 11/12/2013 In control: Planning Commission
On agenda: 11/12/2013 Final action: 11/12/2013
Title: Public Hearing Case File No. 13-0057 // CFT Development, LLC // 11665 Ulysses Lane NE The applicant is requesting a conditional use permit to allow for construction of a 7,390 square foot multi-tenant building in a PBD (Planned Business District) zoning district.
Attachments: 1. Panda Express Bldg - Attachments
Sponsor
Lori Johnson, Planner III
 
Title
Public Hearing Case File No. 13-0057 // CFT Development, LLC // 11665 Ulysses Lane NE
 
The applicant is requesting a conditional use permit to allow for construction of a 7,390 square foot multi-tenant building in a PBD (Planned Business District) zoning district.
 
Background
 
Zoning:
PBD (Planned Business District)
Land Use:
PI/PC (Planned Industrial/Planned Commercial)
Area:
1.23 Acres
Applicable Regulations:
Section 31.30 of the Zoning Ordinance
Attachments:
Zoning and Location Map
 
Site Plan
 
Grading Plan
 
Landscape Plan
 
Floor Plan
 
Elevations
Schedule:
Planning Commission Public Hearing: 11/12/13
 
City Council: 12/05/13
 
CFT Development is proposing to construct a 7,390 square foot multi-tenant retail building on Lot 2, Block 1, Central Avenue Acres.  One of the tenant spaces would include a drive-through on the west end of the building.  This is the lot that is in front of Lowe's and west of Auto Zone.  
 
There are 44 parking stalls required for this building and 52 stalls have been provided.  
 
In the PBD zoning district, all sites must comply with the Highway 65 Overlay requirements per the direction of the City Council.  In essence, the building and the landscaping must comply with those requirements.  
 
The following landscaping is required per the Highway 65 Overlay District requirements:
 
Overstory Trees
13
Conifer Trees
7
Ornamental Trees
7
Shrubs are also required
 
 
The landscaping on site does not meet these requirements.  A new plan must be submitted during the site plan approval process that meets these requirements as well as the size requirements of the Highway 65 Overlay District.  The Overlay District requires that 25% of the trees  must be oversized.  Overstory trees must be oversized to 3 inch caliper and conifer trees must be oversized to 8 feet in height.  It is not recommended that ornamental trees be oversized.  
 
The building that has been proposed includes brick, EIFS, stone and glass.  The architecture of the building meets the Highway 65 Overlay District requirements.  
 
All signage must meet the requirements set forth in the zoning ordinance and a separate permit must be obtained.  
 
All lighting must be down lit and shielded to prevent glare or spill.  Freestanding lights are limited to not more than 20 feet in height.
 
Park dedication was previously paid with the earlier plat.
 
Recommendation:
 
In Planning Case File No. 13-0057 it is recommended that the Planning Commission recommend approval of the conditional use permit to allow for construction of a 7,390 square foot multi-tenant building with restaurant in a PBD (Planned Business District) zoning district at Lot 2, Block 1; Central Avenue Acres 3rd Addition based on the following conditions:
 
1.      The following landscaping is required per the Highway 65 Overlay District Requirements:
 
Overstory Trees
13
Conifer Trees
7
Ornamental Trees
7
Shrubs are also required
 
 
The landscaping on site does not meet these requirements.  A new plan must be submitted during the site plan approval process that meets these requirements as well as the size requirements of the Highway 65 Overlay District.  The Overlay District requires that 25% of the trees must be oversized.  Overstory trees must be oversized to 3 inch caliper and conifer trees must be oversized to 8 feet in height.  It is not recommended that ornamental trees be oversized.  
 
2.      Site plan approval is required prior to issuance of a building permit.  
 
3.      Site must comply with the Highway 65 Overlay requirements per the direction of the City Council.
 
4.      All signage must meet the requirements set forth in the zoning ordinance.  
 
5.      All lighting must be downlit and shielded to prevent glare or spill.  Freestanding lights are limited to not more than 20 feet in height.
 
6.      A Coon Creek Watershed District permit is required for construction on this site.
 
7.      A National Pollutant Discharge Elimination System (NPDES) Phase II General Storm Water Permit for Construction Activity (MN R100001) from Minnesota Pollution Control Agency (MPCA).  A prerequisite to the MPCA permit application includes preparation of a site Storm Water Pollution Prevention Plan (SWPPP) for the development site.
 
8.      Applicant should be aware of future MnDOT improvements at the intersection of TH 65 and 117th Avenue NE.  As part of MnDOT's Access Management Plan there is a proposed improvement that is directly adjacent to the proposed site.  The proposed improvement will include a full interchange at this intersection.  This MnDOT improvement currently does not have a scheduled timeframe or allocated funding.  Applicant to recognize that future changes made to Highway 65 could impact how the site is accessed in the future.