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HomeMy WebLinkAbout[06] Conditional Use Permit - Caribou Coffee Council Agenda Item 6 MEETING DATE: October 21, 2019 AGENDA ITEM: Conditional Use Permit - Caribou Coffee SUBMITTED BY: Community Development BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission recommends denial of (3-3) of the conditional use permit. PREVIOUS COUNCIL ACTION: May 20, 2019: Approved to move forward with the sale of the City owned property and in June 2019, the City entered into a purchase agreement with the developer. August 5, 2019: Denied the variance and conditional use permit requests. August 19, 2019: Approved to reconsider both the variance and conditional use permit applications and hold a public hearing on the matters. September 16, 2019: Granted a variance of nine feet for the drive aisle on the southerly boundary allowing the setback to be six feet where it is adjacent to residential use properties. September 16, 2019: Directed the city engineer and attorney to review the findings of fact related to the conditional use permit and bring back at the recommendation of legal counsel. BACKGROUND INFORMATION: Jon Fahning and Tom Opatz LLC, applicant and developer are proposing the development of a Caribou Coffee with outdoor patio seating and a drive-thru on the th property owned by the City of St. Joseph located on the southeast corner of CSAH 75 and CR 133 (12 Ave SE), east of Scherer Trucking. The City owned parcel is a .64 acre +/- lot that was acquired as a th result of right of way needed to the west for 12 Ave. SE several years ago. The applicant is requesting approval of a conditional use permit to allow for a drive-thru coffee shop. The property is guided for Corridor Commercial and zoned B-2 Highway 75 Business District and within the Transportation Overlay District. A coffee shop is a permitted use in the B-2 District and a drive-thru is a permitted conditional use. ATTACHMENTS: Request for Council Action Alta Survey and Site and Landscaping Plan Resolution 2019-052 Approving Conditional Use Permit Resolution 2019-055 Findings of Fact Supporting the Denial th Exhibit 2 – 12 Avenue Turn Lane th Exhibit 3 – 12 Avenue Turn Lane Coffee Shop Trip Generation Drive-thru lane article REQUESTED COUNCIL ACTION: Authorize the Mayor and City Administrator to execute Resolution 2019-052 Approving the Conditional Use Permit and Adopting related Findings of Fact. or Authorize the Mayor and City Administrator to execute Resolution 2019-055 Adopting Findings of Fact supporting the Denial of the Conditional Use Permit. Thispageintentionally leftblank RESOLUTION 2019-052 A RESOLUTION ADOPTING FINDINGS OF FACT AND APPROVING A CONDITIONAL USE PERMIT FOR THE PURPOSES OF HAVING A DRIVE THRU COFFEE SHOP. WHEREAS, Jon Fahning and Tom Opatz LLC, applicant and developer have properly applied for a conditional use permit for a drive thru coffee shop on the property legally described as follows: Lot 1, Block 1 of SRM, according to the recorded plat thereof, Stearns County, Minnesota. “Subject Property” WHEREAS, the St. Joseph Planning Commission held a public hearing on the conditional use permit on July 29, 2019, at which time all persons wishing to be heard regarding the matter were given an opportunity to be heard; and WHEREAS, on July 29, 2019, the St. Joseph Planning Commission reviewed the proposed conditional use permit and recommended denial of the request for a conditional use permit to the City Council based on following Findings of Fact: 1. That the conditional use will involve activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 2. That adequate utilities and services, including utilities, streets, drainage and other necessary facilities have not been provided and will create excessive additional costs for services and/or be detrimental to the economic welfare of the community. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. JOSEPH, MINNESOTA, hereby makes the following Findings of Fact: 3. That Jon Fahning and Tom Opatz LLC, hereinafter referred to as “Applicant,” properly applied for a conditional use permit to allow for a drive-thru coffee shop. 4. That the Applicant appeared before the St. Joseph Planning Commission for a public hearing pursuant to City Code on July 29, 2019 and that said public hearing was properly advertised, and the minutes are hereby incorporated as part of these findings by reference. 5. That the land use plan for the Subject Property is Corridor Commercial and the proposed use is in compliance with the land use plan of the Comprehensive Plan of the City. 6. That the Subject Property is zoned B-2, Highway 75 Business District and within the Transportation Overlay District and a drive-thru coffee shop is a permitted Conditional Use. 7. That the menu board is approximately 50 feet at it closest point from the southerly boundary of the property where it abuts the residential; therefore, the conditional use will not be detrimental to or endanger public health, safety, morals, comfort, or general welfare of the neighborhood and will be harmonious to the to the objectives of the Comprehensive Plan of the City. 8. That an independent traffic study from Minnesota of drive through lengths concluded the th recommended drive through queue length for coffee shops based on the 85 percentile maximum queue length is 13 vehicles (260 feet). The subject property drive through provides drive through storage for approximately 15 vehicles (approx. 320 feet) within the boundary of the property. (See attachment). 9. That four conceptual layouts illustrating potential modifications to the existing pavement th markings and/or pavement widths on CR133 (12 Avenue NE) were reviewed with the Stearns County Highway Department. Stearns County staff could support the following two layouts with the understanding that Stearns County would not bear any of the improvement costs. Exhibit 3 illustrates widening of the curb line on the west side of the street to create an additional south- bound bypass traffic lane. Exhibit 2 illustrates new pavement markings that would delineate exclusive left turn lanes to the entrances at Scherer Trucking and the subject property. (See attachments). 10. That a study by the Institute of Transportation Engineers (ITE) of coffee/donut shops with drive- through windows and no indoor seating (Land Use Code 938) concluded that, on average, approximately 89 percent of the visits during the weekday were from pass-by trips versus non- pass-by trips. (See attachment). 11. That given the site constraints of the subject property (controlled access to CSAH 75 to the north, utility and drainage easement) the proposed entrance to the subject property is located at the most-optimum location for the site and provides for nearly a 200 foot stopping sight distance (30 MPH) from the intersections of CSAH 75 and from Minnesota Street. 12. That the conditional use will not involve activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 13. That coniferous trees will be planted along the southerly boundary where it abuts residential; therefore, the conditional use will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with character of the area and is not hazardous or disturbing to existing or future neighboring uses. 14. That adequate utilities and services, including utilities, streets, drainage and other necessary facilities have been provided and will not create excessive additional costs for services and/or be detrimental to the economic welfare of the community. th 15. That the Subject Property is located on the southeast corner of CSAH 75 and CR 133 (12 Ave. SE). Stearns County is the road authority and has reviewed and approved the proposed access point at CR 133. 16. That the proposed parking lot will provide sufficient off-street parking, stacking and loading space to serve the proposed use. 17. That the conditional use will not result in the loss or damage of natural, scenic or historic feature and the soil conditions are adequate to accommodate the use. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. JOSEPH, MINNESOTA, as follows: 1. Based on the aforementioned Findings of Fact, a conditional use permit (“Permit”) to allow for a drive-thru coffee shop on the Subject Property is hereby granted. 2. That site plan approval be obtained prior to application and issuance of a building permit. 3. That the Applicant is responsible for meeting all Federal, State, Local, and City requirements and obtaining any and all permits and licenses. 4. That an eight (8) foot high maintenance fence shall be placed along the southerly and easterly boundary and coniferous trees shall planted along the inside of the fence and be a minimum of eight (8) feet high at full maturity to provide sufficient screening. 5. That the menu board and speaker shall be located no closer than 50 feet at its closest point to the southerly property line and the menu speaker shall be directed/angled toward CSAH 75 and therefore, away from the southerly boundary. 6. Any shrubs and/or trees that die shall be replaced within the current or next growing season. 7. That all lighting shall deflect away from adjacent properties, be down directed, full-cut off or hooded and not exceed .4 lumens at the property lines. Decorative lighting is permitted. 8. Revocation: The City Council shall revoke a conditional use permit when it determines that the terms and conditions of the permit as issued are no longer being complied with. A certified copy of an order of the City revoking a conditional use permit shall be filed with the County Recorder for recording. 9. Expiration: If within one (1) year after issuance of granting a conditional use permit the use permitted has not started, then the permit is null and void, unless the City Council has approved a petition for an extension. The conditional use permit shall expire if the authorized use ceases for any reason for more than one (1) year. 10. The City Administrator and/or his/her designee shall have the right to inspect the premises for compliance and safety purposes annually or at any time upon reasonable request. th Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council this 7 day of October, 2019. CITY OF ST. JOSEPH By Rick Schultz, Mayor By Kris Ambuehl, City Administrator RESOLUTION 2019-055 A RESOLUTION ADOPTING FINDINGS OF FACT SUPPORTING THE DENIAL OF A CONDITIONAL USE PERMIT FOR THE PURPOSES OF HAVING A DRIVE THRU COFFEE SHOP. WHEREAS, Jon Fahning and Tom Opatz LLC, applicant and developer have properly applied for a conditional use permit for a drive thru coffee shop on the property legally described as follows: Lot 1, Block 1 of SRM, according to the recorded plat thereof, Stearns County, Minnesota. “Subject Property” WHEREAS, the St. Joseph Planning Commission held a public hearing on the conditional use permit on July 29, 2019, at which time all persons wishing to be heard regarding the matter were given an opportunity to be heard; and WHEREAS, on July 29, 2019, the St. Joseph Planning Commission reviewed the proposed conditional use permit and recommended denial of the request for a conditional use permit to the City Council based on following Findings of Fact: 1. That the conditional use will involve activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 2. That adequate utilities and services, including utilities, streets, drainage and other necessary facilities have not been provided and will create excessive additional costs for services and/or be detrimental to the economic welfare of the community. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. JOSEPH, MINNESOTA, hereby makes the following Findings of Fact: 1. That Jon Fahning and Tom Opatz LLC, hereinafter referred to as “Applicant,” properly applied for a conditional use permit to allow for a drive-thru coffee shop. 2. That the Applicant appeared before the St. Joseph Planning Commission for a public hearing pursuant to City Code on July 29, 2019 and that said public hearing was properly advertised, and the minutes are hereby incorporated as part of these findings by reference. 3. That the land use plan for the Subject Property is Corridor Commercial and the proposed use is in compliance with the land use plan of the Comprehensive Plan of the City. 4. That the Subject Property is zoned B-2, Highway 75 Business District and within the Transportation Overlay District and a drive-thru coffee shop is a permitted Conditional Use. 5. That the applicant has proposed outdoor patio seating in addition to the drive-thru on the Subject Property. th 6. That the Subject Property is located on the southeast corner of CSAH 75 and CR 133/12 Ave. NE. Stearns County is the road authority and has reviewed and approved the proposed access th point at CR 133/12 Ave. NE. 7. That City Ordinance 502 has established findings that the City Council must make to grant a Conditional Use Permit. th 8. That according to the City Transportation Plan, CR 133/12 Ave. NE is classified as a Minor Arterial roadway. 9. That the 2017 Annual Average Daily Traffic (AADT) as completed by the Minnesota Department th of Transportation is 3,250 on CR 133/12 Ave. NE from Minnesota St. E to CSAH 75. 10. That the distance from the southwest corner of the Subject property northbound to the intersection of CSAH 75 is 165 +/- feet and southbound to the intersection of Minnesota St. E is 185 +/- feet. th 11. That Scherer Trucking and Sons, an active carrier of freight, located west of CR 133/12 Ave. NE and of the Subject Property has semi-trucks/trailers entering and exiting onto and from CR th 133/12 Ave. NE. 12. That the anticipated peak period of traffic for the coffee shop land use will overlap with the morning peak traffic period for the roadway and contribute to additional congestion and turning th movement conflicts on 12 Ave. NE. 13. That four conceptual layouts illustrating potential modifications to the existing pavement th markings and/or pavement widths on CR133 (12 Avenue NE) were reviewed with the Stearns County Highway Department. Stearns County staff could support two layouts with the understanding that Stearns County would not bear any of the improvement costs. Exhibit 3 would require reconstruction of the west side of the street in order to widen the pavement to create an additional south-bound bypass traffic lane. Exhibit 2 illustrates new pavement markings that would delineate exclusive left turn lanes to the entrances at Scherer Trucking and the subject property. The creation of the new left turn lanes would reduce the available storage in the north bound turn lane at the CSAH 75 intersection (See attachments). 14. That due to the distances to the intersections of CSAH 75 and Minnesota St. E, and without modification to the existing street geometry, there is a lack of vehicle stacking space or traffic th thru lane on CR 133/12 Ave. NE that will impact turning movements for the proposed conditional use; therefore, the conditional use will be detrimental to or endanger public health, safety, morals, comfort, or general welfare of the neighborhood or City. 15. That the conditional use will not be harmonious to the objectives of the Comprehensive Plan of the City, including the mobility and transportation section of the Comprehensive Plan, Goal 1: Improve Transportation Framework, Strategy 1.6 Limit direct access to major thoroughfares in order to maintain safe and efficient roadway operations. 16. That the conditional use will not have vehicular approaches to the property which are so designed as not to create traffic congestion or an interference with traffic or surrounding public thorough- fares. 17. That adequate utilities and services, including utilities, streets, drainage and other necessary facilities have not been provided and will not create excessive additional costs for services and/or be detrimental to the economic welfare of the community. th Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council this 7 day of October, 2019. CITY OF ST. JOSEPH By Rick Schultz, Mayor By Kris Ambuehl, City Administrator C S A H 7 5 6' 13' 13' 13' 6' 22' 13' 13' 13' 6' 6' 0 303060 scale15feet FILE NO. 12TH AVENUE STJOEGEN185 PHONE: 320.229.4300 EXHIBIT 1200 25TH AVENUE SOUTH TURN LANE LAYOUT P.O. BOX 1717 DATE: NO. 2 ST. CLOUD, MN 56302-1717 ST. JOSEPH, MINNESOTA 10/03/2019 www.sehinc.com C S A H 7 5 6' 13' 13' 13' 13' 7' 9' 22' 13' 6' 13' 13' 6' 0 303060 scale15feet FILE NO. 12TH AVENUE STJOEGEN185 PHONE: 320.229.4300 EXHIBIT 1200 25TH AVENUE SOUTH TURN LANE LAYOUT P.O. BOX 1717 DATE: NO. 3 ST. CLOUD, MN 56302-1717 ST. JOSEPH, MINNESOTA 10/03/2019 www.sehinc.com How Many Vehicles Do You Need to Store in a Drive Through Lane? Since my days reviewing site plans in Maple GrovÓ Ï ÒÓÑÏÒÓ ÏÕÝʞ )ʰäÓ ÖÏÒ Ï ÜÏÕÕ×ÜÕ ßãÓáâ×ÝÜ ˃ how much storage should be provided in a drive through lane? There was an article published in the ITE Journal in 1995, but that is out of date. Mark Stuecheli prepared a study about banks and coee shops in 2009 that was presented at the ITE Annual Meeting. But nothing compre ÖÓÜá×äÓ Ú×ÙÓ )4%ʰá Parking Generation report. 3Ý åÓʰäÓ ÕÝÜÓ ÏÖÓÏÒ ÏÜÒ ÚÏ×Ò âÖÓ ÕàÝãÜÒ work by preparing the 1st Edition of the report. We collected video with our COUNTcams at drive throughs for two days at a minimum of six locations for ɍ ve dierent land uses (meaning each land use has at least 12 maximum queue data points). We also ×ÜÑÝàÞÝàÏâÓÒ -ÏàÙ 3âãÓÑÖÓÚ×ʰá data (thanks Mark). We watched 1220 hours of total video (which we did on fast forward in about 120 hours with our PC4!3 áÝÔâåÏàÓˍʤ 4ÖÓÜ åÓ Þãâ âÖÓ ÏÐÝäÓ àÓÞÝàâ âÝÕÓâÖÓà ˃ ÔàÝÛ start to ɍ Ü×áÖ ×Ü âÖàÓÓ åÓÓÙá ˌÏÜÒ çÓá åÓʰàÓ ÑàÏÑÙ×ng open the beer this afternoon to cele brate). So what did we ɍ nd? Here are our recommendations based on the 85th percentile maximum queue lengths. Recommended Drive Through Vehcile Storage (total vehicles, independent of # of lanes) ˉ"ÏÜÙá ˃ У äÓÖ×ÑÚÓá ˌМСЛ ÔÓÓâˍ ˉ#Ïà 7ÏáÖÓá ˃ Т äÓÖ×ÑÚÓá ˌМПЛ ÔÓÓâˍ ˉ#ÝÓÓ 3ÖÝÞá ˃ МО äÓÖ×ÑÚÓá ˌНСЛ ÔÓÓâˍ ˉ&Ïáâ &ÝÝÒ 2ÓáâÏãàÏÜâá ˃ МН äÓÖ×ÑÚÓá ˌНПЛ ÔÓÓâˍ ˉ0ÖÏàÛÏÑ×Óá ˃ Р äÓÖ×ÑÚÓá ˌМЛЛ ÔÓÓâˍ Click the link to download a copy of the DriveThrough Queue Generation Report. Are you interested in more trip generation data? If you are interested in more trip generation data, we oer free, open source trip genera tion data at TripGeneration.org. At TripGeneration.org you can download more than 4,080+ hours of professionally collected data on 14 popular land uses. We are always looking to collaborate to collect âà×Þ ÕÓÜÓàÏâ×ÝÜ ÒÏâÏʤ )Ô çÝãʰÒ Ú×ÙÓ âÝ ÞÏàâÜÓà with us to collect trip generation data in your area, we have a limited pool of COUNTcam video ÑÝÚÚÓÑâ×ÝÜ ÞàÝÒãÑâá âÖÏâ åÓʰàÓ ÚÓÜÒ×ÜÕ ÔÝà ÔàÓÓ âÝ collect data around the country. Leave your contact information in the comments section or you are interested in the lending program or contact our Sales Sales Team at CountingCars.com.