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HomeMy WebLinkAbout5.a. EXECUTIVE SUMMARY Planning Commission Date: May 28, 2019 Tentative City Council Meeting Date: June 18, 2019 AGENDA ITEM: 19-31-CUP Chouliaris/Maier event and meeting space Conditional Use Permit with request for Proof of Parking Concept AGENDA SECTION: Public Hearing PREPARED BY: Kyle Klatt, Senior Planner AGENDA NO. 5.a. ATTACHMENTS: Site Map, Project Narrative, Site Plan (Existing Conditions with Event/Meeting Space Noted), Site Plan with Proof of Parking Concept, Floor Plan, Aerial Photograph, Street View of Site APPROVED BY: KL RECOMMENDED ACTION: Motion to recommend the City Council approve a conditional use permit for Anastasia Maier to establish an event/meeting space within an existing commercial strip mall at 14537 Dodd Boulevard, subject to the following conditions: 1) The operation shall comply with all applicable public health codes concerning the serving of food and beverages within the facility. Any changes in the preparation or serving of food may require approval by the County Department of Health, or the Agricultural Department, or the City of Rosemount. Provision of liquor at the site is currently prohibited unless the applicant receives an approved liquor license. These modifications may be approved administratively so long as appropriate licenses are obtained and inspections are conducted prior to modifications to the operation. Compliance with licensing standards is a requirement of the conditional use permit. 2) Applicant shall submit storm water calculations consistent with the recommendation of the City Engineer prior to issuance of a building permit for any interior work. 3) Applicant shall obtain a building permit for any renovation requiring a permit. 4) A revised proof of parking plan shall be submitted to comply with all applicable accessibility requirements, and shall include at least one additional accessibility aisle, prior to issuance of a building permit. The property owner will construct the improvements necessary to implement the proof of parking concept plan upon notification of the City that said improvements are necessary to meet the parking demand for the commercial center. The applicant shall secure a grading permit prior to implementing the proof of parking plan. 5) The proof of parking plan shall include the installation of two trees along the 145th Street right-of-way. 2 6) Snow must be stored on the subject property or hauled away from the site and may not be deposited on any adjacent property without consent of the affected property owner. No snow may be moved across a City Street. 7) The Event/Meeting Center shall not operate later than 10pm Sunday through Thursday and 12am (midnight) Friday and Saturday. SUMMARY The Planning Commission is being asked to consider an application for a Conditional Use Permit to establish an event center/meeting space within an existing commercial strip center at 14531 – 14537 Dodd Boulevard. The owner of the building currently operates the T.O.P.S. Pizza and Hoagies restaurant in the same center and is looking to fill an existing vacant space within the building with the proposed use. The event center would occupy roughly 3,000 square feet within the structure, with a planned seating capacity of 60 persons. Staff is recommending approval of the request, but with conditions to address potential issues relating to parking demand and site operations as noted in this report. Applicant & Property Owner(s): Anastasia Maier and Markos Chouliaris Location: 14537 Dodd Boulevard Area in Acres: 1.31 Acres Comp. Guide Plan Desig: NC – Neighborhood Commercial Current Zoning: C-1 – Convenience Commercial BACKGROUND The commercial strip building located on the subject property was constructed in the early 1970’s well before the City adopted many of its current zoning standards. The site is located near the intersection of Dodd Boulevard and 145th Street, and is part of a small neighborhood commercial area that includes a Speedway gas station (formerly a Tom Thumb convenience store). It is situated in the midst of a larger residential area, with a mixture of single-family homes and medium density townhouses around it and an apartment complex immediately to the west. The T.O.P.S restaurant, located in the northern portion of the structure, was expanded in 2010 with a 2,000 square foot addition; otherwise, the site has not undergone any significant changes since it was originally constructed. The site has been zoned for C-1 Convenience Commercial since at least the mid-2000’s, and most recently was occupied by the T.O.P.S. restaurant, a laundromat in the middle bay, and a karate studio in the southernmost section (the far southern part of the building is used for storage). Within the past few years the karate studio vacated its portion of the building and this section of the strip center has been vacant. Given the age of the building there are many areas where the site does not conform to current zoning requirements, including parking setbacks and landscaping, impervious coverage, and building design standards. The 2010 addition was allowed because the restaurant use is a permitted activity and the addition met applicable setback requirements without increasing any existing non-conformities. The applicant and property owner are now proposing to re-use the space occupied by the former karate studio as an event/meeting space that will be available for rental by individuals or groups. The interior improvements to the existing space will be minimal and primarily cosmetic, and will result in one large seating area with flexible space for tables and chairs, a staging area, storage space 3 and restroom facilities. The plans do not include a full kitchen or meal preparation space, so no catering or food preparation can take place in this portion of the building. The concept is to appeal to residents, business, private organizations, or other such groups that are looking for meeting space or need room to conduct smaller gatherings. While the building could accommodate wedding receptions and parties, the restrictions on food serving and preparation and the amount of seating space could limit the number of parties that will be able to use the space. ISSUE ANALYSIS Although the plans for the event/meeting space will not expand the existing building in any manner, the proposed activity results in a change of use and is therefore subject to the City’s current zoning requirements. Under the present situation, any existing non-conformities are allowed to continue; however, the applicant should not increase any existing zoning deficiencies on the property and should work to bring the site into compliance with current regulations as much as possible. Zoning/Future Land Use The site is guided for neighborhood commercial uses and zoned as a C-1 Convenience Commercial district. It is one of only two areas zoned C-1, the other being the Dakota County CAP Agency building on 145th Street West. The purpose statement for this district reads as follows: Purpose and Intent: The purpose of the Convenience Commercial District is to provide residential neighborhoods with convenience shopping and personal services that could serve the daily and weekly needs of the adjoining residents. Convenience Commercial Districts typically occupy a small area at the intersection of two (2) collector streets, or streets of higher classification, and provide a gateway into the neighborhood. These convenience commercial centers are meant to provide services and goods only for the surrounding neighborhoods and are not intended to serve the entire community. Zoning standards are intended to promote compatibility in form, function and style. The district is intended to be compatible within a residential neighborhood context. Therefore, the number of permitted uses is limited and the scale of uses is comparatively small. The proposed meeting/event space is not specifically called out as a permitted or conditional use in the district; however, after reviewing all C-1 uses staff has found that it is very similar in use and function to “Eating and drinking establishment as part of multi-tenant or mixed use”, which is allowed as a conditional use permit. Overall, the expected external impacts of the proposed use should be similar to a restaurant since they both are based on people gathering at a location for a limited amount of time. The prior activity within the space was a karate studio, which was classified as an “educational service” business in the zoning ordinance. While both the prior and proposed use require a conditional use permit, the zoning and building code requirements for a gathering space are much more stringent and must be met with the change in use. The following sections focus on the code compliance issues. Parking One of the key issues associated with the change in use is that an eating and drinking establishment requires a higher number of parking stalls relative to the occupied space than an educational services use. In order to determine the overall amount of required parking with the new use, the applicant has provided a detailed parking analysis looking at the existing number of stalls compared to the number required under current zoning standards. This analysis is summarized as follows: 4 Use Size Ratio Required Stalls Restaurant 99 seats 1 stall/3 seats 33 Laundromat 1,866 sq. ft. 1 stall/1,000 sq. ft. 9 Event/Meeting 60 seats 1 stall/3 seats 20 Total 62 There are currently 53 parking stalls on the property, which leaves the site 9 stalls short of meeting the parking requirements for the proposed mix of uses. The applicant does not believe that, overall, the commercial center will need that much parking given the current parking demand from the laundromat and restaurant. Staff is not aware of any ongoing complaints or issues specific to the number of parking stalls on the site, but is concerned that a lack of parking for larger gatherings at the event/meeting space could spill over into the adjacent streets and residential neighborhoods. The City Code does provide an option for applicants to provide a “proof of parking” concept demonstrating compliance with the parking standards in a shared parking situation similar to the subject commercial center. The applicant has therefore submitted such a concept plan and is asking the City to approve the parking lot as it currently exits, but will agree to construct additional parking in accordance with an approved proof of parking plan if it is needed at a future date. The proposed proof of parking plan accommodates 14 additional parking stalls by paving over a portion of an existing landscaped area along 145th Street and reconfiguring the internal stall layout to provide diagonal parking in the middle of the lot. The City has previously approved multi-tenant projects and buildings with a proof of concept parking plan, and the proposed request is consistent with the City’s past practices. Staff is recommending a condition of approval to specifically authorize the City to require installation of the additional parking if there are parking shortages on the site. One issue that has been brought to staff’s attention concerning the existing parking area is that there have been times when snow storage has not been accommodated entirely on site. The City Code does not allow snow to be plowed or deposited across a City Street, so the applicant will need to find a suitable method for dealing with larger snow events that either keeps snow on the subject property, shares storage with an adjacent property with that owner’s consent, or hauls the snow off site. The Building Official has noted that an additional handicap stall access aisle will be required based on the number of stalls shown on the parking concept plan. Building Code With a change in occupancy and use, the new use will need to comply with any applicable building codes for the structure (or portion of the structure) in which it is located. For the subject property, this means that there need to be some building upgrades to improve the fire rating between the new gathering space and existing business use (laundromat). There are no other major building alterations planned, and the proposed work will primarily involve cosmetic upgrades to improve the furnishings, add seating areas and tables, build new counter space, and install an electric fireplace. All existing entrances and bathrooms will remain in their current locations, with any upgrades needed to bring the building into compliance with the building code and ADA requirements. 5 Food and Drinks/Health Code The submitted plans do not depict any areas that would be devoted to the preparation and serving of food and drinks. Although the use is being processed as an eating and drinking establishment, these are no plans to serve customers at the site. In order to provide such service, the venue would need to obtain proper licensing from the Minnesota Department of Health or Department of Agriculture or both. Based upon staff’s understanding individuals and groups would be able to bring pre-purchased food into the center (or have it delivered), without the need for a license or inspection. Any restaurants or caterers would not be able to serve or prepare food while on the premises. These licensing requirements will greatly restrict the types of eating and drinking that can take place on the site. For example, a catered wedding reception would not be allowed based on these requirements. Similar to the health code requirements, the applicant is not proposing to obtain a liquor license for the event/meeting space, and the serving of alcoholic beverages cannot occur on the premises. Even if there is no sale of alcohol, per State and City regulations there cannot be any alcohol on the premises without first obtaining a city liquor license. Storm Water/Engineering Comments The City Engineer has reviewed the proposed proof of parking concept and found that no new or additional storm water treatment is required to implement the plan; however, they would like to see a review of rates from the site so that any minor increases into the City’s system can be documented correctly. Conditional Use Permit Legal Authority. Conditional use permits (CUP) are considered quasi-judicial actions. In such cases, the City is acting as a judge to determine if the regulations within the Comprehensive Plan, Zoning Ordinance and Subdivision Ordinance are being followed. Generally, if the application meets these requirements it must be approved. Purpose. The purpose of conditional use permits is to allow for those uses which are not generally suitable by right within a given zoning district but may be suitable under some circumstances. The burden of demonstrating the proposed use meets the criteria for granting a conditional use permit and meeting all applicable standards lies with the applicant. As a conditional use, the event/meeting space (similar to eating and drinking establishments) is subject to the general CUP standards outlined in Section 11-10-7 as well as the standards specific to this use in Section 11-4-10 (D). These standards evaluate the City’s land use and zoning performance standards and the potential impact of the proposed use on the surrounding neighborhood; draft findings for each are provided below. 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the city. Finding: The proposed event/meeting space will not be detrimental to the public health, safety, or general welfare of the neighborhood or the City of Rosemount. The use will function similar to a restaurant which is already located on the premises. Should the present supply of parking prove to be inadequate to accommodate the new activity, the applicant has provided a proof of parking plan that can be implemented to provide additional parking 6 stalls in excess of the number required by the parking ordinance. No additional changes to the site are proposed, and all activity will be contained within the existing structure. Staff is also recommending that there are specific hours of operation approved for the site. Closing hours of 10pm weekdays and 12 am (midnight) Friday and Saturday nights will help alleviate any potential negative impacts to the neighborhood. 2. Will be harmonious with the objectives of the comprehensive plan and city code provisions. Finding: The subject property is guided NC – Neighborhood Commercial by the comprehensive plan and zoned C-1 Convenience Commercial. Staff has determined that an event/meeting space is a conditional use in this zoning district. According to the comprehensive plan, the Neighborhood Commercial land use designation is intended to provide areas for commercial businesses that focus their services to the surrounding residential neighborhoods. The proposed event/meeting space is not a type of business that will typically attract users from outside of the Rosemount community, and is being proposed as a space that will be made available for family celebrations, business meetings, and other community gatherings. The use does not require access to larger collector and arterial roads, and is included on the list of allowed or conditional uses within the C-1 district. 3. Will be designed, constructed, operated, and maintained so as to be compatible or similar in an architectural and landscape appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. Finding: There are no changes planned to the exterior of the building, and the applicant is not proposing any changes to the parking lot unless required due to the future parking demand. The proposed will alter any existing legal non-conformities on the site concerning setbacks, impervious coverage, or building design. 4. Will be served adequately by existing (or those proposed in the project) essential public facilities and services, including streets, police and fire protection, drainage, structures, refuse disposal, water and sewer systems and schools. Finding: The existing commercial complex is served adequately by existing essential public facilities and services. The City Engineer has noted that the applicant will need to consider the City’s storm water management regulations if the proof of parking concept plan is implemented on the site. 7 5. Will not involve uses, activities, processes, material equipment and conditions of operation that will be hazardous or detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. Finding: The proposed use will not generate any additional external impacts that would be expected from the existing commercial center and the existing uses occupying the majority of the building or the adjacent convenience store/gas station. The closest single-family residential structure is over 150 feet from the proposed use and on the opposite side of Dodd Boulevard. All other surrounding uses are either medium density townhouses or a garage building accessory to an apartment complex. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. Finding: All existing vehicular ingress and egress will remain as presently located on the site and comply with the City access spacing and design requirements. The proof of parking concept can be accommodated with the existing access points. 7. Will not result in the destruction, loss or damage of a natural, scenic, or historic feature of major importance and will comply with all local, state, and federal environmental quality standards. Finding: The proposed use will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance and will comply with all local, state, and federal environmental quality standards. 8. These standards apply in addition to specific conditions as may be applied throughout this code. Finding: The zoning ordinance does not include specific standards for a restaurant or event/meeting space use. In addition to the general conditional use permit standards reviewed above, the proposed use must comply with the specific performance standards for eating and drinking establishments in a C-1 Convenience Commercial District. These standards along with staff findings are detailed below. 1. The gross floor area of the restaurant shall not exceed three thousand (3,000) square feet. Findings: The meeting/even space will occupy 2,794 square feet of the commercial center. 2. Drive-up window service or exterior loudspeakers shall not be permitted. Findings: The proposed plans do not include drive-up window service or exterior loudspeakers. 8 CONCLUSION Staff recommends approval of a conditional use permit to establish an event center/meeting space within an existing commercial strip center at 14531 – 14537 Dodd Boulevard subject to the conditions of approval outlined in the recommended action section of this report. This recommendation is based on the plans submitted by the applicant and the findings made in this report. Dakota County, MN Property Information May 16, 2 019 0 450 900225 ft 0 130 26065 m 1:4,800 Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. Zoning Parking Requirement Summary Property Zone: C-1 Convenience Commercial District Allowed uses: Barber and beauty shops, fitness centers, laundry services, shoe repair, photography and video rental excluding funeral service and crematory facilities, massage, body piercing, tattoo and pawn shops, architect and attorney offices, dental and medical clinics, financial services, insurance providers, real estate businesses and the like, auto parts, books and stationery, clothing, drug, gift and novelties, groceries, furniture and hardware, hobby, video sales, jewelry, and sporting goods and the like. Accessory – apartments above first floor, temporary construction office, fences, off street parking Conditional uses: Child daycare services, Eating and drinking establishments, Educational services, Multiple parcels, tenants, buildings, Nonservice motor fuel stations, Outdoor seating or dining Proposed uses: New event-meeting space (existing restaurant, existing laundromat, existing storage) Building setbacks: Required Provided Front – 30 feet Existing Side – 10 feet Existing Rear – 20 feet Existing Residential buffer - 30 feet Existing Parking lot (greenspace setbacks): Required Provided Front – 20 feet Existing Side – 10 feet Existing Rear – 10 feet Existing Parking stall size (at curb & facing): Required Provided Full – 8.5’x19’ Existing Full angled – 8.5’x18’ Existing Compact – 8’x17’ Existing Compact angled – 8’x16’ Existing Parking Quantities: Required Parking: Restaurant 99 seats* x 1 stall/3 seats = 33 stalls required Business (laundromat) 1866.66 GSF x 1 stall/1000 GSF = 9.33 stalls required Assembly 60 seats x 1 stall/3 seats = 20 stalls required Total required parking 62.33 parking stalls Existing no. of parking stalls provided: 53 parking stalls Additional parking required: 10 parking stalls Building or impervious surface coverage: Required Provided 75% max. Existing Building height: Required Provided 35 feet max. Existing Summary: The Owner is proposing a new event-meeting space that will be made available for family celebrations, business meetings, and other community gatherings. The owner desires a space that will both be an extension of life here in Rosemount and be an attraction to people from outside of Rosemount – improving and contributing overall to our community. The gathering place will have tables and chairs, a seating area with fireplace, flat screen televisions, staging/prep and storage room, restrooms and quality finishes. While there is no kitchen or restaurant space proposed, clients will be allowed to carry-in or cater-in food. With that said, the building is an existing strip mall, containing a restaurant (T.O.P.S. Pizza and Hoagies), a laundromat and storage space. The Owner is proposing a new 2,795 square feet event-meeting space in between the existing laundromat and existing storage space. No work will be done in the existing laundromat, restaurant, and storage space. The new space will be designed and constructed to comply with the fire, life safety requirements of the building code. The property is within a C-1 Convenience Commercial zone. The Owner is proposing that the new event-meeting space will accommodate 60 seats, serving as a convenience to the community. Base on the City of Rosemount off-street parking requirements 60 seats at 1 parking stall for every 3 seats requires 20 parking stalls. The total combined parking required for the restaurant, laundromat and the new event space is 63 parking stalls; the parking calculation is shown above. The property has an existing 53 parking stalls. That means when the new event space is added another 10 parking stalls would typically be required by City of Rosemount ordinance. We are requesting a conditional use for this new event-meeting space on the following basis. 1) The new event-meeting space will contribute to the development and economy of the City of Rosemount by attracting more activity and business from both in and outside the City. 2) The City currently does not have many event-conference spaces available to the community – the new space will help meet that need. 3) The existing restaurant’s (T.O.P.S. Pizza and Hoagies) peak business hours are from 6-8pm on weekends. The new event space will be closed during those hours, reducing the overall parking load during those peak hours. 4) The restaurant is rarely at full capacity even at peak business hours. 5) Should the real parking demand require in the future, as proof of parking, the Owner is demonstrating that 14 parking stalls can be added for a total of 67 off-street parking stalls. Existing Restaurant Existing Laundromat New Event/ Meeting Space Existing Storage C h r o m e A v e Dodd Bl vd145th StreetTrash Existing Parking 53 stalls Parcel ID: 34-03010-90-010 1.31 acres (57,031 square feet) C-1 District Building footprint 9,484.95 SF Existing sign 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 A B C D E F G H J K L M A B C D E F G H J K L M © COPYRIGHT BY CNH ARCHITECTS, INC.7300 WEST 147TH STREET SUITE 504 APPLE VALLEY, MN 55124-7580 (952) 431-4433CNH NO.: 2 3 4 5 6 7 8 9 10 11 12 13 14 151 REVISIONS: DATE:C:\REVIT (local files)\REVIT 2019\19037 - Tops Meeting Room_atsai.rvt4/23/2019 8:49:49 AMCS01Zoning Code SummaryTops Meeting Room14531 Dodd Blvd, Rosemount, MN 5506819037 04/26/19 1" = 20'-0"CS01 A1 Site Plan Existing Restaurant Existing Laundromat New Event/ Meeting Space Existing Storage C h ro m e A v e Dodd Bl vd145th StreetTrash Parcel ID: 34-03010-90-010 1.31 acres (57,031 square feet) C-1 District Building footprint 9,484.95 SF Existing sign Parking summary Required Proof of parking 53 existing stalls + 14 future stalls 63 stalls 67 stalls possible (Future parking) Property line Property line Property linePro per t y l i neExi st i ng park i ng set backExisting parking setback Existing parking setback Existing parking setback1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 A B C D E F G H J K L M A B C D E F G H J K L M © COPYRIGHT BY CNH ARCHITECTS, INC.7300 WEST 147TH STREET SUITE 504 APPLE VALLEY, MN 55124-7580 (952) 431-4433CNH NO.: 2 3 4 5 6 7 8 9 10 11 12 13 14 151 REVISIONS: DATE:C:\REVIT (local files)\REVIT 2019\19037 - Tops Meeting Room_atsai.rvt4/26/2019 3:41:57 PMCS01Zoning Code SummaryTops Meeting Room14531 Dodd Blvd, Rosemount, MN 5506819037 04/26/19 1" = 20'-0"CS01 A1 Site Plan Note: Site information is taken from Dakota County GIS website 543.73 SF (Accessory) (Not in Contract) 2794.75 SF 60 seats maximum 1866.66 SF (Not in Contract) 3727.94 SF (Not in Contract) 2-hour fire barrier, seal all penetrations Storage RestroomRestroom Vest. Staging Closet Existing Laundromat Existing Restaurant Existing Storage Not an exit door Electric fireplaceHigh top table (standing room) Counter New Event/ Meeting Space 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 A B C D E F G H J K L M A B C D E F G H J K L M © COPYRIGHT BY CNH ARCHITECTS, INC.7300 WEST 147TH STREET SUITE 504 APPLE VALLEY, MN 55124-7580 (952) 431-4433CNH NO.: 2 3 4 5 6 7 8 9 10 11 12 13 14 151 REVISIONS: DATE:C:\REVIT (local files)\REVIT 2019\19037 - Tops Meeting Room_atsai.rvt4/26/2019 3:41:59 PMCS02Floor PlanTops Meeting Room14531 Dodd Blvd, Rosemount, MN 5506819037 04/26/19 1/8" = 1'-0"CS02 A1 Floor Plan 14537 Dodd Boulevard—Event/Meeting Space CUP Aerial Photograph 14537 Dodd Boulevard—Event/Meeting Space CUP Street View (145th Street) 14537 Dodd Boulevard—Event/Meeting Space CUP Street View (Dodd Blvd.)