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HomeMy WebLinkAboutItem 06.h April 15, 2015 Item No. _____ HOLIDAY MEGA STOP CONDITIONAL USE PERMIT AMENDMENT APRIL 20, 2015 CITY COUNCIL MEETING Proposed Action Staff recommends adoption of the following motion: Move to approve a conditional use permit amendment and findings of fact for the Holiday Mega Stop compressed natural gas vehicle fuel sales and ancillary outdoor equipment. Adoption of this motion will allow the construction and operation of compressed natural gas fuel dispensers with ancillary fuel storage and mechanical equipment on the Holiday Stationstore convenience store property located at 21100 Kenrick Avenue. Overview A representative of Holiday Mega Stop, Inc. has submitted an application and plans for a conditional use permit amendment to allow the installation and operation of compressed natural gas vehicle fuel dispensers and ancillary outside equipment on the property. The Planning Commission held a public hearing on the conditional use permit amendment at their April 9, 2015 meeting. The Planning Commission unanimously recommended approval subject to six stipulations. The sixth stipulation was added to restrict vehicle an area around the new equipment storage area. 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 How will the proposed improvements be integrated with the other existing services on the property? The proposed compressed natural gas fuel will be dispensed from the large vehicle fuel dispensing area. The outdoor storage area and mechanical building will displace parking currently used for semi-truck parking. The proposed improvements will not negatively impact traffic circulation throughout the site. Supporting Information • Conditional Use Permit Amendment form • Findings of fact • April 9, 2015 draft Planning Commission meeting minutes • April 3, 2015 planning and engineering reports __________________________________ Frank Dempsey, AICP, Associate Planner Financial Impact: $ None Budgeted: Y/N ____ Source: __________________________________ Related Documents (CIP, ERP, etc.): Zoning Ordinance ________________________________________________ Community Values: Diversified Economic Development_______________________________________________ (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA CONDITIONAL USE PERMIT AMENDMENT NO. 15____ Permit. Subject to the terms and conditions set forth herein, the City of Lakeville approves a Conditional Use Permit Amendment to allow Holiday Mega Stop, LLC to construct compressed natural gas fuel dispensers with ancillary fuel storage and mechanical equipment on the Holiday Stationstore convenience store property located at 21100 Kenrick Avenue. Property. 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 1st 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: a) The site and building improvements shall comply with the plans approved by the City Council. b) The utility/equipment building shall be constructed of brick or integral colored rock-face concrete block to match the materials and color of the existing convenience store building. A building permit is required prior to commencing any building improvements. 1 c) The deteriorated bituminous pavement between the large fuel island and the east and south property lines shall be patched and repaired in conjunction with the CNG improvements. d) An $8,100 financial security shall be submitted prior to the issuance of a building permit for the required landscaping and fence improvements as identified on the site plan and landscape plan. e) 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 advertising signs. f) No parking signs shall be installed on three sides of the compressed natural gas equipment area and building. 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 compressed natural gas vehicle fuel facility has not commenced, this permit shall lapse. Criminal Penalty. Violation of the terms of this conditional use permit amendment is a criminal misdemeanor. Date: April 20, 2015 CITY OF LAKEVILLE BY:________________________ Matt Little, Mayor BY:________________________ Charlene Friedges, City Clerk The following instrument was acknowledged before me this 20th day of April, 2015 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 On April 9, 2015 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 a compressed natural gas vehicle fuel dispensing facility 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 1st 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 proposed compressed natural gas motor vehicle fuel facility is consistent with the Comprehensive Plan’s designated commercial use of the property and the C-3, General Commercial District zoning of the property. 1 b. The proposed use is or will be compatible with present and future land uses of the area. The amended site plan and compressed natural gas vehicle fuel sales and site improvements 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 sale of compressed natural gas vehicle fuel 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 site improvements for the dispensing of compressed natural gas motor vehicle fuel 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 proposed improvements and sale of compressed natural gas for vehicle fuel will not overburden the streets serving the property. 5. The planning report, dated April 3, 2015, prepared by Associate Planner Frank Dempsey is incorporated herein. DATED: April 20, 2015 CITY OF LAKEVILLE BY: ________________________ Matt Little, Mayor BY: ________________________ Charlene Friedges, City Clerk 2 City of Lakeville Planning Department Memorandum To : Planning Commission From: Frank Dempsey, AICP, Associate Planner Date: April 3, 2015 Subject: Packet Material for the April 9, 2015 Planning Commission Meeting Agenda Item: Conditional Use Permit Amendment for Holiday Mega Stop, Inc. Application Action Deadline: May 30, 2013 INTRODUCTION Representatives of Holiday Mega Stop, Inc. have submitted an application for a Conditional Use Permit Amendment to allow the installation of a compressed natural gas fuel dispenser with ancillary fuel storage and mechanical equipment on the east side of their existing truck and recreational vehicle fuel island located at 21100 Kenrick Avenue. The Holiday Mega Stop property was developed 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. Since the site was developed in 1986, Holiday has received approval of two conditional use permit amendments for site improvements including a truck weigh scale along the south property line in 2010, and a car wash addition with parking area modification and two new trash enclosures in 2013. The current plans propose the compressed natural gas fuel storage facility and equipment/utility building to be located near the shared private drive along the Holiday Mega Stop east property line in an area where semi-truck/trailer parking is located. The proposed new fuel storage and equipment building will displace the existing truck parking from the Holiday property. The following exhibits are attached for your information: EXHIBITS A. Location and Zoning Map B. Aerial Photos (2 Pages) C. Site Survey D. Plot (Site) Plan E. Site Layout F. Equipment Layout G. Fence Screening Plan H. Structural Details (Building Materials) Plan I. Truck Turning Movement Template J. Landscape Plan PLANNING ANALYSIS Zoning. The property is zoned C-3, General Commercial District and is platted as part of Lot 2, Block 1, McStop 1st Addition. Convenience stores with motor fuel sales 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 I-35 Compressed Natural Gas Equipment Area. The CNG fuel sales require a mechanical equipment area to facilitate storage, monitoring and dispensing of the fuel. The equipment area will be in a location that is currently used as a semi-truck parking area east of the large fuel island canopy. The equipment area will include an secured masonry building and a fenced area to screen the outdoor CNG mechanical equipment. Equipment/Utility Building. The plan proposes that the equipment building will be designed with materials and color to match the Holiday convenience store building, which is a beige color of brick and EFIS. At a minimum, the building shall be constructed with integral colored rock face block as indicated on the building materials plan. Parking and Circulation. Required vehicle parking spaces for the Holiday convenience store will not be displaced with the proposed site improvements for the CNG facility. An unstriped informal parking area currently used for parking four to six semi-truck/trailers will be removed to accommodate the natural gas fuel and equipment storage facility. Trucks will be able to park in the McStop commercial area’s private truck parking lots located east of the Holiday property. 2 The bituminous surface on the Holiday property east of the fuel island and between the convenience store and the truck scale is in need of repair and patching due to pot holes and large areas of standing water. A stipulation of the conditional use permit amendment will require that the bituminous surface be repaired and patched where needed within 30 days of final approval of the CNG improvements. 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 Matt Decur, Civil Engineer, dated April 1, 2015. Landscaping/Screening. A landscape/screening plan has been submitted for the proposed CNG equipment area. Screening of the equipment area will include an eight foot tall PVC maintenance free fence and gate. The fence color shall match the color and tone of the Holiday convenience store building. Landscaping around the CNG area will include one ornamental tree, seven conifer trees and numerous shrubs and grasses. The landscape plan also includes the replacement of five ornamental trees that were removed from the north side of the property in 2012 or early 2013 as well as three additional ornamental trees at the northeast and southwest corners of the property. All proposed landscaping meets the minimum size requirements of the Zoning Ordinance. Vehicle Circulation. The Holiday station provides fuel and convenience store services that include automobiles, recreational vehicles and semi-trucks and trailers. A car wash was constructed on the north side of the building in 2014. The car wash addition required a reduction in the number of semi-truck/trailer parking spaces east of the convenience store building to allow for the car wash queuing lane. A truck scale was installed along the south side of the property in 2009. Both improvements required conditional use permit amendment approval. The Holiday property is accessed from Kenrick Court on the west, and private drives from the north, east and south. The truck movement template shows that house trucks and trailers will continue to maneuver through the site following construction of the proposed CNG equipment area construction. The proposed improvements do not indicate any significant changes in effective semi-truck/trailer circulation movements. Signs. A number of informational and safety signs are proposed to be installed at the pump islands and the CNG equipment area. All signs are proposed to be two square feet or less in size in compliance with Zoning Ordinance requirements. RECOMMENDATION Planning Department staff recommends approval of the conditional use permit amendment for the Holiday station compressed natural gas fuel facility improvements at 21100 Kenrick Avenue subject to the following stipulations: 3 1. The site and building improvements shall comply with the plans approved by the City Council. 2. The utility/equipment building shall be constructed of brick or integral colored rock-face concrete block to match the materials and color of the existing convenience store building. A building permit is required prior to commencing any building improvements. 3. The deteriorated bituminous pavement between the large fuel island and the east and south property lines shall be resurfaced in conjunction with the CNG improvements. A cash or letter of credit security shall be submitted prior to City Council consideration of the conditional use permit to guarantee completion of the resurfacing. 4. An $8,100 financial security shall be submitted prior to the issuance of a building permit for the required landscaping and fence improvements as identified on the site plan and landscape plan. 5. 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 advertising signs. G:FrankDempsey/CUPAmend/HolidayCNG 4 E X H I B I T C City of Lakeville Public Works – Engineering Division Memorandum To: Frank Dempsey, Associate Planner From: Matt Decur, Project Engineer McKenzie L. Cafferty, Environmental Resources Manager Copy: Zach Johnson, City Engineer Date: April 3, 2015 Subject: Holiday Mega Stop Compressed Natural Gas – Conditional Use Permit Amendment and Site Plan Review Mega Stop Inc. has submitted a conditional use permit amendment application and site plans to construct a compressed natural gas facility south of the existing Holiday Station Store. The parent parcel is part of Lot 2, Block 1 of the McStop 1st Addition plat. The parent parcel is located south of 210th Street (CSAH 70) and west of Kenrick Avenue (CSAH 5) and is zoned C-3, General Commercial District. SITE CONDITIONS The subject property is currently being used as a gas station, convenience store, and car wash. The property contains a convenience store building and connected car wash, two sets of fueling islands, a truck scale, and several paved parking areas for trucks and automobiles. The property drains to grassed ditches along Kenrick Court and to private streets and drainage systems within the McStop 1st Addition plat. PUBLIC STREETS AND ACCESS Kenrick Court The property is located east of and adjacent to Kenrick Court, a local road as identified in the City’s Comprehensive Transportation Plan. Kenrick Court is a two-lane undivided urban roadway with a continuous center left turn lane. Kenrick Court is located within the 112.5-foot half right-of-way dedicated for future realignment of Kenrick Avenue (CSAH 5). The parent parcel has one driveway directly to Kenrick Court, and several other accesses to the private street system within the McStop 1st Addition plat. 1 SITE PLAN REVIEW The Developer proposes to construct a new Compressed Natural Gas (CNG) fueling station on the subject property. The proposed facility will include CNG compressors, storage, and control panels, located in and around an existing landscaped island in the parcel’s southeast corner. Piping to carry the compressed natural gas will be installed in a trench from the CNG equipment area to the existing fueling island. A CNG dispenser will be installed at the existing fueling station. Curb and gutter will be installed around the CNG compressor/storage facility to convey stormwater runoff. CONSTRUCTION ACCESS Construction traffic access and egress for all construction is restricted to the private street east of the subject parcel. UTILITIES The existing convenience store building has a connection to the existing public sanitary sewer and watermain in the private street north of the subject parcel. No sanitary sewer or watermain service is required for the proposed Compressed Natural Gas facilities. GRADING, DRAINAGE AND STORM SEWER The site is located in SC-32B of the South Creek Stormwater District. The existing drainage pattern of the site flows overland to ditches along Kenrick Court and to private storm sewers within the McStop 1st Addition plat. Existing pavement within the project site has become worn and obstructs drainage. The developer shall repair the pavement by filling potholes and patching distressed surfaces in the project area (south of the existing convenience store, east of the fueling stations) to improve drainage and safety on the site. Curb and gutter around the proposed compressor/storage area shall be installed to maintain existing drainage patterns to the south and east in accordance with the submitted Site Topography plan. An as-built certified grading plan will be required to be submitted to the City for review before the issuance of a certification of occupancy (CO). EROSION CONTROL An erosion control plan must be submitted prior to City Council consideration of the CUP amendment. The erosion control measures shall meet the City requirements/specifications. 2 Streets must be cleared of debris at the end of each day, while the site is under construction. All inlet basins shall be protected from sediment deposits, as shown on the final plans. Additional erosion control measures may be required during the construction process as deemed necessary by City staff. RECOMMENDATION Engineering recommends approval of the Mega Stop conditional use permit amendment and site plans subject to the terms listed in this report, and the following stipulations: 1. The Developer shall submit an erosion control plan prior to City Council consideration of the CUP amendment. 2. The Developer shall repair the pavement surface within the project area (east of fueling island, south of convenience store) to ensure proper drainage and safe driving conditions. 3