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HomeMy WebLinkAboutItem 06.gLakeville September 11, 2013 Item No. HOLIDAY MEGA STOP CONDITIONAL USE PERMIT AMENDMENT SEPTEMBER 16, 2013 CITY COUNCIL MEETING Proposed Action Staff recommends adoption of the following motion: Move to approve a conditional use permit amendment for the Holiday Mega Stop and adopt findings of fact. Adoption of this motion will allow the construction of an automatic car wash addition at the Holiday Station Store in the McStop commercial development at 21100 Kenrick Avenue. Overview Representatives of Holiday Station Stores and Mega Stop, Inc. have submitted an application and plans for a conditional use permit amendment to allow the construction of an automatic car wash onto the north side of the existing convenience store building. The Holiday Station Store was constructed in 1986 with the development of the McStop plat and development approved in 1984. The Planning Commission held a public hearing on the conditional use permit amendment at their September 5, 2013 meeting. The Planning Commission unanimously recommended approval subject to six stipulations. The cash security required for the proposed site improvements will be submitted with the building permit application. Staff recommends approval of the Holiday Mega Stop, Inc. conditional use permit amendment subject to the stipulations noted in the conditional use permit form. Primary Issues to Consider What site improvements are necessary with the Holiday car wash conditional use permit amendment? The car wash addition will require the relocation of eight parking stalls from where the car wash addition will be located to the west side of the property. One of the truck parking spaces east of Holiday will also be removed to allow for vehicle stacking at the car wash. Supporting Information • Conditional Use Permit Amendment form Findings of fact September 5, 2013 Planning Commission draft meeting minutes • August 30, 2013 planning report and August 28, 2013 engineering report Frank Dempsey, AICP, Associate anner Financial Impact: $ None Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Zoning Ordinance Notes: (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA CONDITIONAL USE PERMIT AMENDMENT NO. 13 Permit Subject to the terms and conditions set forth herein, the City of Lakeville approves a Conditional Use Permit Amendment for Holiday Mega Stop, LLC to allow an addition to the Holiday Stationstore convenience store building for an automatic car wash located at 21100 Kenrick Avenue. Proper The permit is for the following described property located in the City of Lakeville, Dakota County, Minnesota and legally described as follows: That part of Lot 2, Block 1, McStop 1 st Addition, according to the recorded plat thereof, described as beginning at the southeast corner of Lot 1, Block 1 of said McStop First Addition; thence southerly, along the southerly extension of the east line of said Lot 1, a distance of 432.11 feet to the south line of said Lot 2; thence westerly, along said south line of Lot 2, a distance of 384.06 feet to the southwest corner of said Lot 2; thence northerly, along the most westerly line of said Lot 2, a distance of 432.33 feet to the southwest corner of said Lot 1; thence easterly, along the south line of said Lot 1, a distance of 397.19 feet to the point of beginning. Conditions The permit is issued subject to the following conditions: 1. The site and building improvements shall comply with the plans approved by the City Council. 2. A building permit is required prior to commencing any building improvements. 3. All signage on the property must meet the requirements of Section 11 -23 of the Zoning Ordinance. A sign permit is required prior to the installation of any signs. 4. A minimum of 28 automobile parking spaces shall be provided on site in compliance with Zoning Ordinance requirements. 5. The north truck parking space located east of the car wash building shall be removed as identified on the site plan to accommodate the car wash stacking. Curb and gutter shall be extended to reduce the available truck parking east of the car wash addition to not more than three spaces. 6. A financial security shall be submitted prior to the issuance of a building permit in an amount equal to the cost to complete the required parking lot improvements as identified on the site plan and as outlined in the engineering report. Termination of Permit The City may revoke the permit following a public hearing for violation of the terms of the permit. Lapse If within one year of the issuance of this permit construction of the McDonald's restaurant has not commenced, this permit shall lapse. Criminal Penalty Violation of the terms of this conditional use permit amendment is a criminal misdemeanor. Date: September 16, 2013 CITY OF LAKEVILLE BY: Matt Little, Mayor W Charlene Friedges, City Clerk The following instrument was acknowledged before me this 16th day of September, 2013 by Matt Little, Mayor and by Charlene Friedges, City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation. Notary Public DRAFTED BY: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 2 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA HOLIDAY MEGA STOP, INC. CONDITIONAL USE PERMIT AMENDMENT FINDINGS OF FACT On September 5, 2013 the Lakeville Planning Commission met at its regularly scheduled meeting to consider the application of Holiday Mega Stop, Inc. for a conditional use permit amendment to allow an addition for a single bay automatic car wash on property located at 21100 Kenrick Avenue. The Planning Commission conducted a public hearing on the proposed conditional use permit amendment preceded by published and mailed notice. The applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak. The City Council hereby adopts the following findings of fact: 1. The property is zoned C -3, General Commercial District. 2. The property is located in Planning District No. 11 of the 2008 Comprehensive Plan, which guides the property for commercial land uses. 3. The legal description of the property is: That part of Lot 2, Block 1, McStop 1 It Addition, according to the recorded plat thereof, described as beginning at the southeast corner of Lot 1, Block 1 of said McStop First Addition; thence southerly, along the southerly extension of the east line of said Lot 1, a distance of 432.11 feet to the south line of said Lot 2; thence westerly, along said south line of Lot 2, a distance of 384.06 feet to the southwest corner of said Lot 2; thence northerly, along the most westerly line of said Lot 2, a distance of 432.33 feet to the southwest corner of said Lot 1; thence easterly, along the south line of said Lot 1, a distance of 397.19 feet to the point of beginning. 4. Section 11 -4 -3E of the City of Lakeville Zoning Ordinance provides that a conditional use permit may not be issued unless certain criteria and satisfied. The criteria and our findings regarding them are: a. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. The Holiday convenience store with fuel sales and the proposed automatic car wash are consistent with the Comprehensive Plan's designated commercial use of the property and the C -3, General Commercial Districtzoning of the property. b. The proposed use is or will be compatible with present and future land uses of the area. The amended site plan and automatic car wash addition are consistent with present and future land uses of the area. c. The proposed use conforms with all performance standards contained in the Zoning Ordinance. Given compliance with the stipulations listed in the planning report, the amended site plan and automatic car wash will conform to all performance standards contained in the Zoning Ordinance. d. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. The property is served with City sanitary sewer and water. The proposed automatic car wash addition will not overburden the City's service capacity. e. Traffic generation by the proposed use is within capabilities of streets serving the property. The traffic generated by the automatic car wash will not overburden the streets serving the property. 5. The planning report, dated August 30, 2013, prepared by Associate Planner Frank Dempsey is incorporated herein. DATED: September 16, 2013 CITY OF LAKEVILLE M Matt Little, Mayor W Charlene Friedges, City Clerk FA Planning Commission Meeting Minutes, September 5, 2013 Page 2 �.. ance Office Papers: Three -year extension of the Performance Office Papers bui i k variance No. 2008 -03, located at 21465 Hamburg Avenue. Ayes: Boerschel, Lillehei, Reuvers, Grenz, Swenson, Magu 6. Holiday Mega Stop Inc. Chair Lillehei opened the public hearing to consider the application of Gary Thorson for a Conditional Use Permit amendment to allow a corirercial drive - through car wash addition to the existing Holiday Mega Stop convenience store building, located at 21100 Kenrick Avenue.`" s1 Gary Thorson from Holiday Mega Stop Inc. Mr. Thorson explained that he is proposaf whereby the customer either purchases 04 building to purchase, or pays at the box bran that he has another car wash similar to WE' of layout and there have not been any prof vehicles at that location. tin"Y�b-:t�. Mr. Morey also wanted to Gong not able to attend tonight's m Lakeville. Planning Direct©fiDbryl Mo the subject pro was constructed in 1986.-as par! City Coogcil.,on Juh �Ak,f9' be loca MRhe port# ;tic alofid ie east sicT :;xhe on loped mcSto e of the )rresented an ov* ew of the request. fipfo put in an un' ded car wash, 3r wash at the pump, c.es inside the to enteriri0.1he car wash�=He indicated be im8f6bmington with the same type :rs,u�th the parking lot or queuing of Pldhiie . Frank Dempsey, who was yearsW service with the City of the planning report. Mr. Morey stated that :d, the convenience store building was tat, which was originally approved by the E c� that the plans propose the car wash to ng building with the vehicle queuing area Mr':�::., orey stated tti i the tai ng Ordinance requires that car wash facilities be design -, operatednder seven specific criteria, which were listed and reviewed in the Ado, t 30, 2013 tanning report. Several of the criteria are related to whether the car was13 abuts resfcential areas, which this does not. Mr. Morey high'li§4ted the site circulation and stacking space criteria. He indicated that there is room for six vehicles to stack as required by the Zoning Ordinance. Mr. Morey stated that the site plan will require a slight modification to the truck parking area to the east with the removal of one of the truck parking spaces to accommodate the vehicle stacking area for vehicles entering the car wash. Mr. Morey commented that the Zoning Ordinance requires 28 parking spaces for this use. There are currently 31 parking spaces provided on -site. He indicated that there are eight parking spaces located on the north side of the Holiday building that will be removed with the car wash addition. Eight new parking spaces will be striped planning Commission Meeting Minutes, September 5, 2013 Page 3 on the west side of the property as shown on the site plan. Therefore, there will still be 31 parking spaces on-site after the car wash addition is completed. Mr. Morey stated that Planning Department staff recommends approval of the conditional use permit amendment, subject to the six stipulations listed in the August 30, 2013 planning report. Chair Lillehei opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Swenson, seconded by Boirtichel to close the public hearing at 6:14 p.m. Ayes: Lillehei, Reuvers, Grenz, Swenson, MagUllfd, Boee4ichel Nays: 0 ,:Rx Chair Lillehei asked for comments fro Planning Comm Discussion points included: • Commissioner Grenz asked what imp are proposed on the north side of the car wash ad4dA. M r Thorso i.: onfirmed that vacuum cleaners are proposed for that locatioh`-*aQ0%d- - recla s are under the sidewalk at that location. Motion was made 6d by# l aguire to recommend to City Council approval,,bfilfie H 'M' ay Meg.! Conditional Use Permit amendment to allow a co M "'I'al driveA ugh c addition to the existing Holiday O convenience Itike building 2 1100 Kenrick Avenue, subject to the following six stiputaion J' u 2013 planning report. 1. v ­ _ ihall comply with the plans approved by the q t y C o u n c i 2`3'.A building permifjjs'�,requlr. Nor to commencing any building improvements. 3. ,,. wtsignage on th&'prope ust meet the requirements of Section 11-23 of the Z66f6a OrdinanceAft ign permit is required prior to the installation of any signs. 4. A niffilmum of 2al* parking spaces shall be provided on-site in complia& with Z&ifig Ordinance requirements. 5. The norl:W- �W-0�6rking space located east of the car wash building shall be 2 _IIkK__'_'II removed a on the site plan to accommodate the car wash stacking. Curb and gutter shall be extended to reduce the available truck parking east of the car wash addition to not more than three spaces. 6. A financial security shall be submitted prior to the issuance of a building permit in an amount equal to the cost to complete the required parking lot improvements as identified on the site plan and as outlined in the engineering report. Ayes: Reuvers, Grenz, Swenson, Maguire, Boerschel, Lillehei Nays: 0 Item 14o. 6 City of Lakeville Planning Department I "it eville Memorandum To: Planning Commission From:�Frank Dempsey, AICP, Associate Planner Date: August 30, 2013 Subject: Packet Material for the September 5, 2013 Planning Commission Meeting Agenda Item: Conditional Use Permit Amendment for Holiday Mega Stop, Inc. Application Action Deadline: October 4, 2013 INTRODUCTION Representatives of Holiday Mega Stop, Inc. have submitted an application for a Conditional Use Permit Amendment to allow an addition for an automatic car wash on the north side of the existing Holiday convenience store building located at 21100 Kenrick Avenue. The property was developed and the convenience store building was constructed in 1986 as part of the McStop plat and development plans originally approved by the City Council on June 4, 1984. The subject site is zoned C -3, General Commercial District. The plans propose the car wash to be located on the north side of the existing building with the vehicle queuing area along the east side of the building. The most recent planning action on this site was approved in 2009 to allow the construction of the truck scale located on the south side of the property which also resulted in the construction of two new trash and recycling container enclosures located on the east side of the building. Planning Department staff has reviewed the plans for compliance with the Zoning Ordinance. Findings of fact are included with this report. The following exhibits are attached for your information: EXHIBITS A. Location and Zoning Map B. Aerial Photo (2 pages) C. Site Plan D. Site Plan with Turning Movements E. Utility Plan F. Exterior Elevations and Wall Signage Plan PLANNING ANALYSIS Zoning. The property is zoned C -3, General Commercial District and is platted as part of Lot 2, Block 1, McStop 1 Addition. Convenience stores with fuel sales and automatic car washes are allowed by conditional use permit in the C -3 District. The property is 3.88 acres in area. Surrounding Land Uses and Zoning North - McDonald's restaurant (C -3 District) South - Truck Wash property (C -3 District) East - Multi- Tenant Commercial building (C -3 District) West - Vacant Commercial property (C -3 District) and 1 -35 Building Height and Architectural Materials. The height of the building addition will match the existing single story convenience store building. The proposed exterior materials of the addition will match the materials of the existing building which include brick, an artificial stucco material referred to as exterior insulation and finish system (EFTS), and an standing seam metal awning. The proposed addition will match the white and tan earth tone shades of the existing building. Car Wash Design Criteria. Section 11- 73 -7.D of the Zoning Ordinance requires that car wash facilities be designed and operated under seven specific criteria. The seven criteria and comments specific to the proposed car wash facility are as follows: 1. A car wash that is accessory to a convenience store /motor fuel facility shall be included as part of the principal building. The car wash will be attached to the principal building. 2. Magazine or stacking space is constructed to accommodate six (6) vehicles per wash stall and shall be subject to the approval of the city engineer. The vehicle stacking area is designed to accommodate the minimum six vehicles along the east side of the building. Adequate drive aisle width will remain between the designated stacking lane and the drive aisle east of the stacking lane. K 3. Magazine or stacking space must not interfere with on site circulation patterns or required on -site parking or loading areas. Stacking space will not interfere with on -site circulation patterns or loading areas. The convenience store uses the south side of the building as the loading area. The proposed site improvements will not interfere with the loading area. 4. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with section 11 -21 -9 of this title. There is no residential zoned property in proximity to the Holiday property. 5. Provisions are made to control and reduce noise and special precautions shall be taken to limit the effects of noise associated with the car wash operation, dryer and vacuum machines. Where the car wash operation is within five hundred feet (500') of a residential district, the exterior vehicle doors of the car wash must remain closed during the entire operation cycle. There is no residential property within 500 feet of the subject property. Any noise generated from the car wash dryers and vacuums shall not exceed the noise levels permitted at the property lines by the Minnesota Pollution Control Agency. 6. The location and operation of vacuum machines must not interfere with magazines or stacking areas, on site circulation or on -site parking and loading areas, and may not be located in a yard abutting residentially zoned property. The vacuum machines are located on the north side of the car wash addition separate from the car wash stacking area. The location of the vacuums also does not interfere with on -site traffic circulation. 7. Untreated water from the car wash shall not be discharged into the storm sewer. If the water is to be pretreated and discharged into the storm sewer, the pretreatment plans shall be subject to review and approval of the city engineer and building official, and subject to applicable requirements of metropolitan council environmental services and MPCA. The car wash wastewater will be discharged into the sanitary sewer system. Parking. The building is 6,400 square feet in area. The Zoning Ordinance requires one parking space per each 200 square feet of building area, minus a ten percent floor area credit. The proposed car wash bay does not increase the required number of parking spaces. The required number of parking spaces for this site is calculated as follows: 6,100 square feet gross floor area - 10 %1200 = 28 spaces required Number of parking spaces currently on site = 31 spaces 3 Eight parking spaces located on the north side of the Holiday building will be removed and replaced on the west side of the property as shown on the site plan. Grading, Drainage and Utilities. The Engineering Division has reviewed the site and utility plans submitted with the conditional use permit amendment application. Engineering comments are contained in the memorandum prepared by Alex Jordan, Civil Engineer, dated August 28, 2013. A Sanitary Sewer Unit Charge will be required at the time of building permit based on the number of sewer units determined by Metropolitan Council Environmental Services. The fee will be required at the time of issuance of the building permit. Vehicle Circulation. The Holiday station provides fuel and convenience store services that include automobiles, recreational vehicles and semi - trucks and trailers. A truck scale is also located along the south side of the property in compliance with the conditional use permit amendment approved in 2009. The Holiday property is accessed from Kenrick Court on the west, and a private drives from the north, east and south. The Holiday property also accommodates parking spaces for up to eight semi - truck/trailer and recreational vehicles along the east side of the property. The site plan for the proposed car wash addition will require the removal of one of the truck parking spaces to accommodate the vehicle stacking area for vehicles entering the car wash. This will require the installation of new curb and gutter to remove the parking space. Signs. Two directional signs identifying "entrance" and "exit" will be installed on the east and west sides of the proposed car wash addition. The existing signage on the Holiday property meets Zoning Ordinance requirements. A sign permit must be obtained prior to installation of the two new directional signs. Refuse Storage. Refuse and recycling is presently stored in walled, gated enclosures on the east side of the building adjacent to the proposed vehicle car wash queuing area. A stipulation of the 2009 conditional use permit amendment for the truck scale required the construction of new trash and recycling enclosures in compliance with Zoning Ordinance requirements. The queuing area will not interfere with the trash and recycling enclosure locations. RECOMMENDATION Planning Department staff recommends approval of the conditional use permit amendment for the Holiday station automatic car wash located at 21100 Kenrick Avenue subject to the following stipulations: 1. The site and building improvements shall comply with the plans approved by the City Council. 2. A building permit is required prior to commencing any building improvements. 2 3. All signage on the property must meet the requirements of Section 11 -23 of the Zoning Ordinance. A sign permit is required prior to the installation of any signs. 4. A minimum of 28 automobile parking spaces shall be provided on site in compliance with Zoning Ordinance requirements. 5. The north truck parking space located east of the car wash building shall be removed as identified on the site plan to accommodate the car wash stacking. Curb and gutter shall be extended to reduce the available truck parking east of the car wash addition to not more than three spaces. 6. A financial security shall be submitted prior to the issuance of a building permit in an amount equal to the cost to complete the required parking lot improvements as identified on the site plan and as outlined in the engineering report. G:Fra nkDem psey /CUP /Hol idayCarWash 4i 210TH w Q Y _U Z W Y U Y U_ Of Z W Y C -3 OP PUD 111 ISM C -3 McDona Holiday Station 21100 Kenrick Ave C -3 Z R �r \� s Lu Y z W EX IBIT A LL f t Fes, q 1 Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a Map Scale legal document and should not be substituted for a title searrh,appralsai, survey, or for zoning i inch = 312 feet verification. Dakota County assumes no legal responsibility for the information contained in this data. 13/13/2013 EXHIBIT B Dakota County, MN h }9 Dakota County, MN • •• i 1. t. Poll L • i • 1� t_ W-7 CAR WASH LOCATION 0 r' • V I r I i' b J 1 i r won 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 Dakota County assumes no legal responsibility for the information contained in this data. 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SITE CONDITIONS The property is currently developed as a gas station with pump islands servicing passenger vehicles, as well as semi - trailer trucks. It is located within the General Commercial District (C- 3). STREETS The property is located in a commercial development adjacent to Kenrick Ave, a minor reliever as identified in the City's Comprehensive Transportation Plan, and 210th St. (CSAH 70), a minor expander. The Holiday Stationstore is accessed by Kenrick Court, 210th St. to the north, and Kenrick Avenue to the east. The city currently maintains a 22 foot roadway drainage and utility easement north of the property along Kenrick Court. Kenrick Court is a 46 foot wide local, rural street with an 80 foot right -of -way on the south and west sides of the property and with no curb and gutter. North of the property, Kenrick Court transitions to a private drive, owned by the Holiday Stationstore, with the City maintaining a 22 foot wide drainage and utility easement over it. The owner proposes to maintain the existing conditions and geometry of the parking lot, while restoring the pavement and curb and gutter adjacent to the existing building after construction of the car wash is complete. CIRCULATION The car wash vehicle queue is established on the east side of the existing Holiday Stationstore. Vehicles will queue from the south along the east side of the building and enter the car wash from the east and exit to the west. Turning movements were developed to indicate that the stacking of cars waiting to use the proposed car wash will not impact existing vehicle circulation on the property. GRADING. DRAINAGE AND STORM SEWER The site is located within the South Creek Stormwater District. There are no trunk facilities located or required within the site. The existing drainage patterns of the parcel have the runoff flowing to the southwest corner of the property to two existing catch basins. The runoff eventually drains to a ditch, enters another storm sewer system, and discharges to a pond east of Kenrick Avenue. The proposed car wash will add little to no impervious area to the site. Therefore, the added impervious area does not meet the MPCA requirement of one acre of added impervious necessary to require permanent stormwater treatment and /or detention systems. The added impervious area due to the proposed car wash does not require new permanent stormwater improvements. UTILITIES The existing Holiday Stationstore is served by City water and sewer. These services are proposed to be replaced with the addition of the car wash. The sanitary sewer service is proposed to be connected to an existing 8" PVC sanitary sewer system along Kenrick Court to the north of the property. The water service is proposed to be pressure tapped from the existing 12" DIP line also along Kenrick Court to the north. To install these services, a portion of the street must be removed and restored to existing grade. While these connections are to occur on the Holiday Stationstore's property, the City has a drainage and utility easement over the street for public utilities. The city will, therefore, own and maintain any proposed utilities within this easement. New underground gas and electrical services will also be installed to the property. EROSION CONTROL An erosion control plan has not been submitted with this preliminary plan set, however certain measures shall be required for erosion control. This includes the following: • Perimeter silt fence or bioroll control to be located around the construction limits. • The site shall be re- vegetated within 48 hours of final grade. A note is included on the plan that indicates all disturbed soils shall be sodded on the landscaped /green area of the site. The sod placed shall meet City requirements /specifications. Streets must be cleared of debris at the end of each day. Inlet protection on the existing catch basins on the southwest corner of the lot, as well as on the upstream end of the existing culvert on the west side of the property, must be shown on the final plans. Additional erosion control measures may be required during the construction process as deemed necessary by City staff. SECURITIES The Holiday Stationstore shall be required to provide a security to be based on the construction costs estimated for site grading, curb and pavement, seeding and erosion control, developer's record drawings, and landscaping. The security amount will be determined prior to City Council approval and submitted prior to issuance of the building permit. RECOMMENDATION Engineering recommends approval of the Holiday Stationstore conditional use permit amendment plans subject to the terms listed in this report. G. \Holiday Stationstore\Engineering Review Memo - Holiday Stationstore - 130829.dooc