Comprehensive Plan: The 2030 Comprehensive Plan Land Use Map designates the site “C” (Commercial). The proposed addition and conditional use permit request would be in conformance with the existing map designation and the goals and policies of the Plan.
Zoning: The property is currently zoned “RB” (Retail Business). Retail Business districts are areas which are centrally located to serve the need for general retail sales. The current use is a permitted use within the “RB” zoning district. The applicant is proposing to construct a 7,087-sq. ft. addition to the existing 48,960-sq. ft. multi-tenant retail building, which is occupied by an Appliance Smart, Becker Furniture and Becker Mattress stores.
The submitted plans indicate a 2,973-sq. ft. Class II restaurant with drive-through window service in the proposed addition, with space available for an additional tenant. The "RB" zoning district lists a Class II restaurant as a conditional use, which is defined a use that is permitted in a particular zoning district subject to meeting all conditions and standards for the location or operation of the use.
Conditional Use Permit Request: A Class II restaurant is a conditional use within the “RB” (Retail Business) zoning district. Conditional uses include those uses generally not suitable in a particular zoning district, but which may, under some circumstances, be suitable. When the circumstances exist, a conditional use permit may be granted.
The City may grant a conditional use permit, as the use permit was applied for or in modified form, if it is determined that the proposed location of the conditional use is in accord with the objectives of the comprehensive guide plan and the purposes of the district in which the site is located and would not be materially injurious to properties or improvements in the vicinity.
The Planning Commission shall recommend a conditional use permit and the Council may issue conditional use permits if it finds that the use at the proposed location:
- Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City.
- Will be harmonious with the general and applicable specific objectives of the comprehensive plan and code provisions.
- 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.
- 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.
- Will not involve uses, activities, processes, materials, 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.
- Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets.
- Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
The original plan showed the entrance to the drive-through lane that would come directly off the drive lane/private street that is shared with the Cub development to the west. Staff indicated in the previous review that the proposed conditional use request would meet all the requirements with the exception of no. 6, specifically the location of the drive-through lane.
The applicant has revised their plans and now shows the drive-through lane being accessed in the Appliance Smart parking lot. The applicant still has not identified the location of the menu board or a drive-through window by-pass lane, which may be problematic internally to the site.
Site Plan: The site plan shows a 7,087-sq. ft. addition that will be attached to the existing building and will be built over a portion of a 44-space surface parking lot located along the west side of the existing building. This will result in the loss of 25 parking spaces in that west lot. The applicant is proposing to pick up those lost spaces by adding 23 spaces behind the existing building and four spaces directly in front of the proposed addition. The site plan shows that the spaces in the rear of the building will be 19 feet long, which is one-foot shorter than what is currently required by code.
The site plan identifies 235 surface parking spaces that will serve the site. The current Appliance Smart and Becker Furniture and Mattress uses have a demand for a minimum of 69 spaces. The proposed addition could require a minimum of 47 parking spaces. If the uses in the existing building were to change to a different type of retail operation, the minimum number of parking spaces would increase significantly.
The current parking lot in front of the building and proposed spaces directly north and south of the building addition should be sufficient for the uses in the current building and future uses in the building addition.
The site plan shows an additional 23 spaces in the rear of the building. During the initial review of this project, staff expressed concern about the safety of customers and staff using the proposed spaces in the rear of the building, especially during the evening hours, as well as parking next to two outside water valves, downspouts and roof scuppers. Staff stated that parking would not be allowed in front of the outside water valves, and creating a parking space in front of a downspout would reduce the length of those spaces by an additional one-foot of depth to the already deficient depth. And finally, parking perpendicular to the roof scuppers would create a situation where roof runoff would fall directly onto the vehicles parked under them. Therefore, staff does not see the need to add the 23 spaces in the rear of the building at this time.
A bump-out area is located along the east side of the private drive, directly adjacent to Appliance Smart's existing 44-space parking lot . This bump-out is there for the benefit of delivery vehicles leaving the Cub site who need the additional pavement area when making north bound left turns. The applicant is proposing to reduce that area. Staff requested and received an AutoTURN drawing that showed how delivery trucks will maneuver the private drive when leaving the Cub site. It appears that the loss of turning area for delivery vehicles leaving the Cub property will not have a significant impact.
The applicant is proposing a 500-sq. ft. patio that will be located adjacent to the restaurant in the northwest corner.
The plans do not identify the location of any the building addition's mechanical equipment. All mechanical equipment shall be screened in accordance with the City's zoning code.
The applicant should provide information on the on-site location of their building material storage and construction personnel parking areas, and haul routes for material and equipment.
Grading Plan: The site will remain undisturbed with the exception of the excavation work needed for the building construction and extension of the necessary utilities to serve the proposed building addition.
Site grading shall occur in conformance with a final grading plan to be submitted for review and approval by the City Engineer prior to issuance of any City permits for the proposed building addition.
Elevation Drawings: The submitted elevation plan indicates an exterior finish that will consist of a combination of brick, rock face block, and EIFS, a type of exterior wall covering that mimics the look of stucco. The proposed materials meet the current commercial exterior finish materials code requirements.
A trash enclosure is located just south of the proposed addition. Elevation plans for the enclosure have not been included with the submittal. The trash enclosure shall have walls that are architecturally compatible with the exterior finish of the proposed addition.
Availability of Municipal Utilities: All public utilities necessary to serve the proposed building addition are currently available onsite. An existing sanitary sewer line is located just north of the south property line and a water main line runs along west property line. Connections will be made from the existing lines to the proposed building addition.
Storm sewer lines are currently located within the west parking lot. The proposed addition will be constructed over one of those lines, which will severely limit access to that line for maintenance or replacement purposes. The applicant will need to relocate that line to the satisfaction of the City Engineer.
A final utility plan shall be submitted for review and approval by the City Engineer prior to issuance of any City permits for the proposed building addition.
Landscape Plan: The applicant has submitted a preliminary landscape plan and material list. The plan shows the size, location, quantity, caliper and species of all plant materials, including ground covers.
City code requires that the minimum cost of landscaping materials (live plant material excluding sod) for industrial projects shall be 2½% of the estimated building construction cost based on Means construction data. A detailed planting price list shall be required for verification of the City’s 2½% landscaping requirement at the time of submission of plans for a building permit.
City staff has reviewed the landscape plan and have the following comments:
- Of eight proposed trees, six are Japanese tree lilacs, an ornamental tree variety. No more than one-third of the replacement trees shall be of the same species of tree. Please diversity the species and include more large shade trees.
- Ensure all trees are planted a minimum of 10-15 feet from buildings to allow for full growth with minimal pruning and conflict. Ornamental species near sidewalks and drive aisles will likely become a nuisance as they mature.
- Only two evergreen shrub species are proposed on the plan. The site may benefit from additional evergreen shrub varieties in the plantings.
- Trees should not be planted over proposed or existing utilities
- Plantings should be added along the north edge of the outdoor seating area as well as the existing raised parking lot islands and sidewalk.
The landscape plans shall be revised in accordance with staff's recommendations.
Street Classifications/Accesses/Circulation: Vehicular access will be available via private drive lane located along the south side of 153rd Street West, a minor collector with a design capacity of 5,000-15,000 trips per day. The street has been designed to accommodate the expected traffic that will be generated by this proposed development.
There are also additional drives that intersect with 153rd Street West from the Cub and Dollar Tree property, which allow access to the subject property via cross access agreements between the property owners.
Pedestrian Access: A public sidewalk is located along 153rd Street West. A private sidewalk located along the east side the westerly common drive. Sidewalk connections from the existing on-site sidewalk as well as from the rear parking area will be installed.
A pedestrian ramp is shown along the south property line. This ramp will not connect to any sidewalk south of the subject property. This should not be installed until the location of any sidewalk extension across the property to the south has been identified.
Signs: No signage details have been included with their submission. Approval of the site plan/building permit authorization request does not constitute sign approval. A separate sign application will need to be submitted and approved prior to erecting any signs.