HomeMy WebLinkAboutItem -0705Item No. 5
City of Lakeville
Planning Department
La -7
kes
Memorandum
To: Planning Commission
From: - (Prank Dempsey, AICP, Associate Planner
Date: October 30, 2013
Subject: Packet Material for the November 7, 2013 Planning Commission Meeting
Agenda Item: Conditional Use Permit for River Country Cooperative
Application Action Deadline: November 26, 2013
INTRODUCTION
Representatives of River Country Cooperative have submitted an application for a conditional
use permit to allow a remodel of the existing convenience store building for an attached
automatic car wash on the west side of the existing building located at 9290 - 202"d Street.
The convenience store with motor fuel sales and bulk oil facility was constructed in 1959. The
space in the building for the proposed car wash is currently used for storage but was
originally used as an auto repair and service bay. There is no proposed physical building
expansion associated with the proposed car wash project. The property is zoned C-3, General
Commercial District and is guided as commercial in the 2008 Comprehensive Plan.
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
C. Certificate of Survey
D. Grading, Drainage and Utility Plan
E. Site Plan
F. Landscape Plan
G. Exterior Elevations and Floor Plan
H. Car Wash Dryer Decibel Reading Specifications
I. Canopy and Property Light Intensity Readings (2 Pages)
PLANNING ANALYSIS
Background. The commercial retail use of the property now known as River Country
Cooperative convenience store with gas sales has been located on the subject property since
1959. In 1982, Dakota County obtained road right-of-way for 202nd Street as part of the
realignment of the Dodd Boulevard and 202nd Street intersection. This realignment brought
the 202nd Street intersection from the north to the south side of the railroad tracks. 202nd
Street at this time was known as County Road 64.
In 1989, the City approved a setback variance to allow the construction of a canopy over the
fueling area on the north side of the building. In 1996, the City approved the Country Creek
Estates single family final plat that is located south of the River Country Cooperative property.
In 1997 and 1999, staff and the Planning Commission discussed with the property owner their
plans for a possible major remodel that would have included relocating pump islands,
remodeling and adding onto the building to include a fast food chain and the construction of
a detached car wash along the south boundary of the property. The plans also included
removing the non -conforming bulk fuel oil storage facility in the southwest corner of the site.
Staff and the Planning Commission at that time determined that the remodel and new
construction would require that the site be developed in accordance with the Zoning
Ordinance for convenience stores with motor fuel facilities that had been adopted in 1997.
Also included was a recommendation to remove the bulk fuel oil storage facility or to place it
underground on the north side of the property. Concerns were also expressed regarding
adequate landscape screening and compatibility with the residential properties to the south,
especially for a detached car wash building. The applicant at that time decided not to
proceed with the project.
Zoning. The property is zoned C-3, General Commercial District. Convenience stores with
fuel sales and automatic car washes are allowed by conditional use permit in the C-3 District.
The property is 1.93 acres in area.
2
Surrounding Land Uses and Zoning
North - 202nd Street and the Canadian Pacific railroad tracks
South - Single Family Homes in the Country Creek development (RS -2 District)
East - 202"d Street and Dodd Boulevard (CSAR 9)
West - South Metro Rental and Friedges Landscaping (PUD)
Building. The existing building was constructed in 1959. The building exterior was
remodeled in 2003 to include exterior paint and awnings. No additional exterior remodeling
is proposed other than installing an entrance door and new exit door for the car wash and to
paint the building for a uniform appearance.
Existing Non -conformities. The existing use is non-compliant with the Zoning Ordinance in
a number of areas. River Country Cooperative is proposing to eliminate or reduce some of the
non -conformities as part of the car wash project including improving the landscape buffer
along the south boundary adjacent to the single family homes in Country Creek Estates,
reduce the amount of outdoor storage and confine it to a 11,500 square foot area in the
southwest corner of the property and a 1,300 square foot area west of the building that will
include the trash/recyclables storage area. The width of the west driveway will also be
reduced from 44 feet to 28 feet. The existing canopy lights will also be replaced with a more
direct cut-off type lens that will help reduce light glare from the area of the fuel canopy.
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 as identified on the plans. There will
be no expansion of the existing building to accommodate the car wash remodel.
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 stacking of six
vehicles along the south side of the building.
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 east side of the building as the loading area. The proposed site
improvements will not interfere with the loading area or other on site vehicle or pedestrian
3
circulation. The site plan also proposes pavement striping and marking at the car wash
exit to prevent vehicles from parking in front of the car wash door.
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 a row of evergreen and deciduous trees along the south boundary of the River
Country Cooperative property yet not all of the landscaping is under the control of River
Country Cooperative. In addition to the landscaping and screening that would be installed
south of the vehicle queuing area for the car wash, five new, eight foot tall evergreen trees
will be installed along the south property line as shown on the landscape plan.
The minimum required green space for a convenience store with fuel sales is 25% of the lot
area. The subject property will have a green space area of 38%.
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.
The residential property boundaries to the south are between 196 and 240 feet from the car
wash doors. Design provisions have been made to ensure the car wash door on the south
side of the building is closed during the wash and dry process. Landscape screening is also
proposed south of the proposed vehicle queuing lane as shown on the landscape plan.
The applicant has included product specifications for the car wash dryers indicating that
the dryers will not generate noise exceeding 66.2 decibels 60 feet from the south car wash
foot if the doors facing south were open which is below the maximum decibel threshold
established by the Minnesota Pollution Control Agency of 60 decibels at the abutting
residential property line. A stipulation of the conditional use permit will require that the
south car wash door must remain closed during the entire operation cycle. This will
significantly reduce any noise south of the car wash entrance door. All noise levels on the
property are subject to the requirements of 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 proposed to be located on the east side of the property adjacent
to 202nd Street. The vacuums would be located approximately 100 feet from the nearest
residential property to the south. The location of the vacuums also does not interfere with
on-site traffic circulation and is of sufficient distance from the adjacent residential
properties.
C!
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 6,658 square feet in area. The Zoning Ordinance requires one space
per each 200 square feet of building area dedicated to office and retail sales and one space
per each 500 square feet of storage space. The Zoning Ordinance also allows a 10% reduction
in floor area to accommodate unoccupied spaces within the building. 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:
Retail - 1,564 square feet - 10%/200 = 7 spaces
Storage - 5,094 square feet - 10%/500 = 9 spaces
A total of 16 parking spaces are required. The site plan shows 16 striped parking spaces
located on the property. Any proposed future conversion of storage area to retail or office
space would require that additional parking spaces be provided based on Zoning Ordinance
requirements.
Grading, Drainage and Utilities. The Engineering Division has reviewed the site and utility
plans submitted with the conditional use permit application. Engineering comments are
contained in the memorandum prepared by Mark Hanson, Assistant City Engineer, dated
October 30, 2013.
A Sanitary Sewer Unit Charge will be required at the time of building permit based on the
number of sewer units as determined by Metropolitan Council Environmental Services. The
sewer unit determination will be required prior to the issuance of the building permit. The
fee will be required at the time of issuance of a building permit for the remodeling.
Vehicle Circulation. The site provides fuel and convenience store services for automobiles,
large trucks and recreational vehicles. Vehicles access the site at three locations along Dodd
Boulevard. All accesses are deemed necessary by River Country Cooperative given the
configuration of the site and the alignment of 202nd Street. The site plan includes a proposal
to narrow the west driveway from 43 feet to 28 feet in order to more narrowly define access
and egress turning movements at that location nearest the car wash exit.
Fuel Canopy and Car Wash Lighting. River Country Cooperative is proposing to replace the
existing non -conforming canopy lighting with a set of fixtures that are designed to
concentrate light below the canopy and reduce off-site glare. The photometric lighting plan
5
shows that light intensity will not exceed 81 foot candles below the fuel canopy which is
within the 115 foot candles allowed by the Zoning Ordinance.
The car wash may include operations and security lighting but these fixtures may not glare
onto adjacent properties as required by the Zoning Ordinance.
Signs. A two square foot car wash directional sign will be installed near the queuing entrance
to the car wash and another will be located east of the fuel pumps on the north side of the
building directing vehicles to the car wash entrance area. A two square foot informational
sign will be placed above the car wash entrance door. The existing signage on the building
and the existing freestanding sign meets Zoning Ordinance requirements. A sign permit
must be obtained prior to installation of any signs.
Refuse Storage. Refuse and recycling is presently stored behind a gated area and accessed
from the north side of the property west of the building.
RECOMMENDATION
Planning Department staff recommends approval of the conditional use permit for River
Country Cooperative for an automatic car wash subject to the following stipulations:
1. A building permit is required prior to commencing any building improvements.
2. A sewer access unit charge for the car wash shall be determined by the Metropolitan
Council Environmental Services agency prior to issuance of a building permit.
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 16 automobile parking spaces shall be provided on-site in compliance
with Zoning Ordinance requirements.
5. landscaping shall be installed in accordance with the approved landscape plan.
6. The south car wash door shall remain closed during the entire car wash operation
cycle.
7. Site lighting shall not glare onto adjacent property and shall meet the requirements of
the Zoning Ordinance.
8. The west driveway access to 202nd Street shall be narrowed to 28 feet in width as
shown on the site plan.
L
9. 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.
cc: Daryl Morey, Planning Director
Mark Hansen, Assistant City Engineer
Chris Petree, Public Works Director
Tom Boland, River Country Cooperative
APPRO Development
G:F rankDem psey/CUP/RiverCountryCooperative
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CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RIVER COUNTRY COOPERATIVE CONDITIONAL USE PERMIT
FINDINGS OF FACT
On November 7, 2013 the Lakeville Planning Commission met at its regularly scheduled
meeting to consider the application of River Country Cooperative for a conditional use permit
to allow a single bay automatic car wash on property located at 9290 - 202"d Street. The
Planning Commission conducted a public hearing on the proposed conditional use permit
preceded by published and mailed notice. The applicant was present and the Planning
Commission heard testimony from all interested persons wishing to speak.
1. The property is zoned C-3, General Commercial District.
2. The property is located in Planning District No. 6 of the 2008 Comprehensive Plan,
which guides the property for commercial land uses.
3. The legal description of the property is:
That part of the Southwest Quarter of the Northwest Quarter of Section 29,
Township 114, Range 20 West, described as follows:
Beginning at the point of intersection of the north line of the Southwest Quarter of
the Northwest Quarter of said Section 29, with the southwesterly right of way line of
the Minneapolis, Northfield and Southern Railway, Inc.; thence west along the north
line of said Southwest Quarter of the Northwest Quarter to a point thereon, distant
429.85 feet west of the northeast corner of said Southwest Quarter of the Northwest
Quarter; thence south and parallel with the east line of said Southwest Quarter of
the Northwest Quarter a distance of 420.38 feet; thence east and parallel with the
north line of said Southwest Quarter of the Northwest Quarter a distance of 429.85
feet to a point on the east line of said Southwest Quarter of the Northwest Quarter,
distant 420.38 feet south of the northeast corner thereof; thence north along the
east line of said Southwest Quarter of the Northwest Quarter a distance of 164.74
feet to the southwesterly right of way line of said railway; thence northwesterly
along said southwesterly right of way line to the point of beginning; which lies
westerly of the westerly right of way line of Dodd Road, southerly of the southerly
right of way line of 202"d Street.
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 River Country Cooperative convenience store with motor fuel sales and 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 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 October 30, 2013, prepared by Associate Planner Frank
Dempsey is incorporated herein.
Memorandum
To: Frank Dempsey, Planning Director
From: Mark C. Hansen, Assistant City Engineer
Copy: Zach Johnson, City Engineer
Mac CafFerty, Environmental Resources Manager
Date: October 30, 2013
Subject: River Country Co -Op CUP
City of Lakeville
Engineering
River Country Co -Op representatives submitted a Conditional Use Permit (CUP) application to
install an automated car wash facility to be located on the western portion of its existing
building structure south of 202nd Street and west of Dodd Boulevard (CSAH 9). The property is
located at 9290 202nd Street West.
SITE CONDITIONS
The property is zoned as a C-3, General Commercial district, and is currently developed as a
gas station and convenience store facility with pump islands servicing passenger vehicles, as
well as semi -trailer trucks.
STREETS
The site is located within a commercial business development area directly adjacent to 202nd
Street, a major collector, and Dodd Blvd. (CSAH 9), an A -minor expander as identified in the
City's Comprehensive Transportation Plan. The site currently has three separate driveway
entrances each located off of 202nd Street.
202nd Street is a 24 -foot wide paved bituminous rural roadway within a variable width right-
of-way. No concrete curb and gutter exists along either side of 202nd Street for the length of
the property.
RIVER COUNTRY CO-OP CUP
OCTOBER 30, 2013
PAGE 2 OF 3
The owner proposes to maintain the existing conditions and geometry of two of the existing
driveway entrances/exits; however the westernmost third driveway is proposed to be
reduced from 43 -feet wide to 28 -feet wide.
GRADING. DRAINAGE AND STORM SEWER
The site is located within the South Creek Stormwater District. There are no trunk storm
sewer facilities located or required within this site. The existing drainage patterns on the
parcel has runoff flowing generally eastward to an existing rain garden located on the site, as
well as drainage ditches located along the south side of 202nd Street.
A paved driveway entrance with concrete curb and gutter to the car wash is proposed around
the south portion of the existing building structure. A majority of the runoff from the paved
surface is proposed to flow toward the east to the existing rain garden, where it will then
eventually flow to existing drainage ditches located south of 202nd Street. A small portion of
the proposed driveway surface (490 square feet) is planned to flow north to a slotted drain
collection system to be installed across the width of the driveway. This collection system will
then discharge inside the car wash structure, where it will be collected and pumped out to a
localized vegetated area directly to the west of the building.
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.
However, since the project is located within the South Creek Stormwater District, infiltration
of new impervious areas is recommended. The requirements for infiltration in the South
Creek Stormwater District are 1.5" over the added impervious area. To meet this requirement,
the existing rain garden shall be expanded to accommodate infiltration of 1.5" over the
proposed impervious area required for the new driveway.
UTILITIES
The existing gas station and convenience store is served by City water and sewer. There are
no proposed changes to the existing water and sewer services.
An assessment search for this property identified no special assessments on the property.
WETLANDS
There are no known wetlands identified on the site.
TREE PRESERVATION
There are no impacts proposed to existing trees on the site.
RIVER COUNTRY CO-OP CUP
OCTOBER 30, 2013
PAGE 3 OF 3
EROSION CONTROL
An erosion control plan has been submitted and includes the following:
• Perimeter silt fence control to be located around the construction limits of the paved
driveway surface.
The site will be re -vegetated within 48 hours of final grade.
Streets must be cleared of debris at the end of each day. A seed/mulch specification that
meets City requirements shall each be depicted on the final plans.
Additional erosion control measures may be required during the construction process as
deemed necessary by City staff.
SECURITIES
River Country Co -Op shall be required to provide a financial security 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.
RECOMMENDATION
Engineering recommends approval of the River Country Co -Op CUP subject to the terms
listed in this report. Approval is also subject to the comments of the City Administrator,
Planning Director and the City Attorney.
GACUPsWinneapolis Meeting Rooms CUP1Engineering Review Memo-RiverCountryCo-Op -102513