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Home My WebLink AboutItem 06.h Date: Item No. KWIK TRIP (KENRICK) CONDITIONAL USE PERMIT AMENDMENT Proposed Action Staff recommends adoption of the following motion: Move to approve an amendment to Conditional Use Permit No. 96-16 and adopt the findings of fact. Overview KT Real Estate Holdings, LLC, representing the Kwik Trip gas and convenience store at 16260 Kenrick Avenue has submitted an application for a Conditional Use Permit Amendment to allow an addition to the existing store for additional kitchen and food preparation area. Kwik Trip received conditional use permit approval for the convenience store with motor fuel sales and a car wash in 1996 (CUP No. 96-16). The subject site is zoned C-3, General Commercial District. The Planning Commission held a public hearing on October 18, 2018 to consider the conditional use permit amendment request. The Planning Commission recommended unanimous approval subject to the four stipulations listed in the October 12, 2018 planning report. There was no public comment at the public hearing. Primary Issues to Consider Does the proposed site plan and building elevation plan comply with Zoning Ordinance requirements? The site plan and building elevation plan meet the requirements of the Zoning Ordinance and the stipulations of CUP #96-16. Supporting Information • Conditional use permit amendment form • Findings of fact • October 18, 2018 draft Planning Commission meeting minutes • October 12, 2018 planning report Financial Impact: Budgeted: Y☐ N☐ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: Diversified Economic Development Report Completed by: Frank Dempsey, AICP, Associate Planner November 5, 2018 None Zoning Ordinance 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA CONDITIONAL USE PERMIT NO.18-______ AMENDMENT TO CUP 96-16 1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville approves an amendment to Conditional Use Permit No. 96-16 to allow an expansion of the Kwik Trip convenience store building located in the C-3, General Commercial District. 2. Property. The permit is for the following described property located at 16260 Kenrick Avenue in the City of Lakeville, Dakota County, Minnesota: Lot 8, Block 1, Jackson’s First Addition EXCEPTING Parcels 9 and 10 3. Conditions. The conditional use permit amendment is issued subject to the following conditions: a) The site and building improvements shall comply with the plans approved by the City Council. b) A building permit is required prior to commencing any building improvements. c) The new gate screening the trash storage area shall be constructed of durable, maintenance free material. d) Conditional Use Permit #96-16 shall remain in full force and effect. 4. Revocation. The City may revoke the conditional use permit amendment for cause upon determination that the conditional use permit amendment is not in conformance with the conditions of the permit or is in continued violation of the city code or other applicable regulations. 2 5. Expiration. This conditional use permit amendment shall expire unless the applicant commences the authorized use within one year of the date of this conditional use permit amendment, unless an extension is approved by the Zoning Administrator. Dated: November 5, 2018 CITY OF LAKEVILLE BY:______________________________ Douglas P. Anderson, Mayor BY:______________________________ Charlene Friedges, City Clerk The foregoing instrument was acknowledged before me this 5th day of November 2018, by Douglas P. Anderson, 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 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA KWIK TRIP CONDITIONAL USE PERMIT AMENDMENT FINDINGS OF FACT AND DECISION On October 18, 2018 the Lakeville Planning Commission met at its regularly scheduled meeting to consider the application of KT Real Estate Holdings, LLC (Kwik Trip) for an amendment to conditional use permit No 96-16 to allow an expansion to the existing convenience store building located at 16260 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 located in Planning District No. 1 of the 2008 Comprehensive Plan, which guides the property for commercial land uses. 2. The property is zoned C-3, General Commercial District. 3. The legal description of the property is: Lot 8, Block 1, Jackson’s First Addition EXCEPTING Parcels 9 and 10 4. Section 11-4-3E of the City of Lakeville Zoning Ordinance provides that a conditional use permit may amendment 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 390 square foot convenience store addition is consistent with the Comprehensive Plan’s designated commercial use of the property and the C-3, General Commercial District zoning of the property. b. The proposed use is or will be compatible with present and future land uses of the area. 2 The existing convenience store and motor fuel sales use and building addition is compatible with present and future land uses of the area. c. The proposed use conforms with all performance standards contained in the Zoning Ordinance. The proposed building addition 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 building 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 proposed building addition will not overburden the streets serving the property. 5. The planning report, dated October 12, 2018, prepared by Associate Planner Frank Dempsey is incorporated herein. DECISION The City Council approves the Kwik Trip conditional use permit amendment in the form attached thereto. DATED: November 5, 2018 CITY OF LAKEVILLE BY:_____________________________ Douglas P. Anderson, Mayor BY:_____________________________ Charlene Friedges, City Clerk City of Lakeville Planning Department Memorandum To : Planning Commission From: Frank Dempsey, AICP, Associate Planner Date: October 12, 2018 Subject: Packet Material for the October 18, 2018 Planning Commission Meeting Agenda Item: Kwik Trip (16260 Kenrick Avenue) Conditional Use Permit Amendment Application Action Deadline: October 30, 2018 INTRODUCTION KT Real Estate Holdings, LLC, representing Kwik Trip gas and convenience store at 16260 Kenrick Avenue has submitted an application for a Conditional Use Permit Amendment to allow an addition to the existing store for additional kitchen and food preparation area. Kwik Trip received conditional use permit approval for the convenience store with motor fuel sales and a car wash in 1996 (CUP No. 96-16). The subject site is zoned C-3, General Commercial District. The following exhibits are attached for your information: EXHIBITS A. Location and Zoning Map B. Aerial Photo C. Application Narrative D. Site Plan E. Floor Plan F. Building Elevations Plan (2 Pages) G. Existing landscape view from the east (Jewel Avenue) H. CUP #96-16 2 PLANNING ANALYSIS Comprehensive Plan. The property is located in Planning District No. 1 and is guided for commercial use consistent with the existing Kwik Trip convenience store, motor fuel sales and car wash. Zoning. The Kwik Trip property is zoned C-3, General Commercial District and is platted as part of Lot 8, Block 1, Jackson’s First Addition in 1970. Convenience stores with fuel sales and automatic car washes are allowed by conditional use permit in the C-3 District. The property is 1.44 acres in area. Surrounding Land Uses and Zoning North – 162nd Street (CSAH 46) and SuperAmerica (C-3 District) South – Sterling State Bank (C-3 District) East – Crystal Ridge Estates single family homes (RS-3 District) West – Kenrick Avenue and retail commercial property (C-3 District) Building Height and Architectural Materials. The height of the building addition will match the roof-line and building height of 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, artificial stucco and asphalt shingle roof. The proposed construction will not be visible from any public street and the existing single-family neighborhood to the east. Parking. The existing convenience store building is 3,340 square feet in area in addition to the 1,776 square foot car wash. The addition is 390 square feet for a total convenience store building square footage of 3,730 square feet. The Zoning Ordinance requires one parking space per each 200 square feet of building area and an allowable ten percent floor area credit from the gross building square footage. The required number of parking spaces for this site is calculated as follows: 3,730 square feet gross floor area – 10% / 200 = 17 spaces required Number of parking spaces currently on site = 32 spaces existing The proposed site plan does not indicate any impact to the total number of available parking spaces on site or to vehicle circulation. Refuse Storage. Refuse and recycling is presently stored in a walled and gated enclosure between the convenience store and car wash buildings. The plans indicate a proposed new gate to replace the non-conforming screening (chain link with plastic slats) with a new durable maintenance free composite material. Screening. The site was developed in 1996 with special attention given by Kwik Trip to provide evergreen screening for the residential properties to the east on Jewel Avenue. In the 21 years 3 since planting, the landscaping has matured and continues to provide adequate screening between the commercial and residential properties (Exhibit G). CUP #96-16. The conditional use permit approved for the construction and operation of the Kwik Trip convenience store with motor vehicle fuel sales and car wash in 1996 will remain in full force and effect. RECOMMENDATION Planning Department staff recommends approval of the conditional use permit amendment for the Kwik Trip convenience store located at 16260 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. 3. The new gate screening the trash storage area shall be constructed of durable, maintenance free material. 4. Conditional Use Permit #96-16 shall remain in full force and effect. C-3 C-3 PUD C-3 RS-3 RS-3 RS-3 O-R P/OSRM-1RST-1 P/OS P/OS RST-2 §¨¦35 456746 456746 162ND ST W 166THST WJEWEL AVE165TH ST W JAZZCT JERSEYCTO AK C U R V JAV A LNJOPLINAVEOAKSHOREDR JERSEYAVEKENRIC K A V E JONQUI LAVEJ O PLINWAY1 6 3RD STW JO P L I N PATH KENTUCKYAVEKENRICK LOOPÜ K W I K T R I P C U P A M E N D M E N T Kwik Trip CUP Amendment Property Information Se pte mber 5, 2018 0 450 900225 ft 0 130 26065 m 1:4,800 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. City of Lakeville Planning and Zoning 20195 Holyoke Avenue Lakeville, MN 55044 Conditional Use Permit Amendment Application August 31st, 2018 This letter is intended to accompany our submittal to the City of Lakeville for our application to amend our CUP at 16260 Kenrick Avenue. This is a Proposal for a small building addition and interior remodel at the Existing Kwik Trip Convenience Store. Proposed Changes to the Site: 1. Remove the existing freezer from the outside of the building 2. Relocate the existing gas meter 3. Relocate Mechanical Equipment within the existing screened area 4. Construct a building addition in between the current store and the carwash a. The building addition will match the existing construction (Brick, Pitched Roof with Shingles) 5. Update the existing Screening to comply with Lakeville’s standards 6. Repair any and all affected paving The proposed method of operation for this development will be consistent with that for our existing store. The type of products that will be sold will be similar to that of our existing stores: gasoline, groceries, bakery and dairy, hot and cold food and beverages, tobacco products, lotto, convenience store merchandise, ice, and propane. Included in the submittal are (6) Copies of the plans (11x17), the appropriate Forms and checklists, a Check to cover the application fee, (2) copies of Address Labels, a certified list of Neighbors, and digital files (on a USB Flash Drive). Kwik Trip would be happy to provide any additional information or answer any questions or concerns you may have with our submission. Please feel free to call me with any questions. Sincerely, Bjorn Berg Kwik Trip, Inc - Store Engineering Project Manager 608-791-4343 bberg@kwiktrip.com FLOOR PLAN1/8" = 1'-0"DAIRY COOLER10224" X 48" TSS 5 SHELVES 24" X 48" TSS 4 SHEL W/ CASTERS 18" X 36" TSS 5 SHELVES 18" X 36" TSS5 SHEL W/CASTERS18" X 48" TSS6 SHEL W/ CAST74" POLES18" X 48" TSS 5 SHELVES 18" X 48" TSS 5 SHELVES 18" X 48" TSS 5 SHELVES 18" X 48" TSS 6 SHELVES 24" X 48" TSS 6 SHELVES18" X 48" TSS4 SHELVES24" X 48" TSS 5 SHELVES 24" X 48" TSS 5 SHELVES MEN104WOMEN105LEANIN' TREE FINANCIAL CENTER BASKETS CARTS19"D X 12'L SNACK COUNTERATMATMCOPY4' HP WATER12' HP SODAUPRIGHTBAITShedMEATCASEURGE CHIP SPINNER 4' CONDIMENTHOT SPOTWARMERHOT SPOTWARMERSOUP8' BRODUCE4' HBC WE4' HOSTESS/COOKIE/CRKR WE4' PAPER/CLEAN/PET WE4' PEG CANDY/NUTS WEB8' AUTO/SEASONAL WE8' GROCERY WESMALL BAGCHIPS BOM4' JERKY/PRINGLE WEB4' CANDY FLEXWE8' TAKE HOME CHIPS WE8' GUM/MINT/BARS/KIDS WESBROLLER GRILL CHIP RACK CO2H20 MeterElectricalElectricalElectricalCBT DeskPop SyrupPop Syrup24" X 48" TSS5 SHELVES24" X 48" TSS5 SHELVESFREEZER108COOLER107KITCHEN106ThawingCart6'-0" Finishing Table2'-0" SSFreezerHand Sinki3/HHB3 Ovensi3/HHB3 Ovens6'-0" Frosting TableAVERYMICROWAVENew 3 CMPT SinkPrep SinkCASHIER101WELCOMEWELCOME2' VAP6' CIGS 3' OTP Fountain FRESH BLENDERMY TOPWHIP CREAMF'REAL LIDS/STRAWS/SPOONSGRINDERCOFFEESOFT HEATBREWERSURE SHOTKARUBA GOLDFM 800FRIDGEESPRESSOFLAVORICEDISPENSERSOFT HEATBREWERSOFT HEATBREWERSOFT HEATBREWERCAPPUCCINOMACHINE (3)CAPPUCCINOMACHINE (3)ICED TEASLUSHEEUNDERCOUNTERMALT FREEZERMALTCREAMISERHot WaterMICROWAVELarge European Bakery CaseUPRIGHTNOVELTYMicro Under3'-6" SS Table24" X 60" TSS5 SHELVES24" X 48" TSS7 SHELVES24" X 36" TSS6 SHELVES24" X 60" TSS5 SHELVES24" X 48" TSS7 SHELVES24" X 48" TSS7 SHELVES24" X 48" TSS7 SHELVES24" X 48" TSS7 SHELVES24" X 48" TSS7 SHELVES24" X 48" TSS7 SHELVES24" X 48" TSS7 SHELVES3'-101 2" 18" X 36" TSS 5 SHELVESSALES100 BACKROOM103FREEZER103CARWASH MECH109CARWASH BAY110H20SoftBIN RACKCT CABElectricalBIN RACKMONITORMICROWAVE5'-8" Refrigerated TableGASDOUBLESTACKEDCONDENSERDOUBLESTACKEDCONDENSERCONDENSERDUMPSTERDUMPSTER10'-0"38'-8"REMODEL PLAN 694-2MERCHANDISING CONVENIENCE STORE # DRAWN BYSCALEPROJ. NO.FAX (608) 781-8960PH. (608) 781-8988LA CROSSE, WI 54602-21071626 OAK STREETP.O. BOX 2107KWIK TRIP, Inc.DATESHEETDESCRIPTIONDATE#694 16260 KENRICK LAKEVILLE, MN2014-08-301/8" = 1'-0"B. BERG0001 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA KWIK TRIP (KENRICK) CONDITIONAL USE PERMIT AMENDMENT FINDINGS OF FACT AND RECOMMENDATION On October 18, 2018 the Lakeville Planning Commission met at its regularly scheduled meeting to consider the application of KT Real Estate Holdings, LLC (Kwik Trip) for an amendment to conditional use permit No 96-16 to allow an expansion to the existing convenience store building located at 16260 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. FINDINGS OF FACT 1. The property is located in Planning District No. 1 of the 2008 Comprehensive Plan, which guides the property for commercial land uses. 2. The property is zoned C-3, General Commercial District. 3. The legal description of the property is: Lot 8, Block 1, Jackson’s First Addition EXCEPTING Parcels 9 and 10 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 390 square foot convenience store addition is consistent with the Comprehensive Plan’s designated commercial use of the property and the C-3, General Commercial District zoning of the property. b. The proposed use is or will be compatible with present and future land uses of the area. 2 The existing convenience store and motor fuel sales use and building addition is compatible with present and future land uses of the area. c. The proposed use conforms with all performance standards contained in the Zoning Ordinance. The proposed building addition 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 building 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 proposed building addition will not overburden the streets serving the property. 5. The planning report, dated October 12, 2018, prepared by Associate Planner Frank Dempsey is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the conditional use permit amendment. DATED: October 18, 2018 LAKEVILLE PLANNING COMMISSION BY: ______________________________ Pat Kaluza, Chair