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Home My WebLink About0608 CITY OF LAKEVILLE ORDINANCE NO. 6os AN ORDINANCE AMENDING THE LAKEVILLE ZONING ORDINANCE RELATING TO THE REGULATION OF MOTOR FUEL SALES WITHIN THE B-3 ZONING DISTRICT THE CITY OF LAKEVILLE ORDAINS: Section 1. Section 11-36-4.C (conditionally permitted uses within the B-3, Auto Oriented Business Zoning District) of the Lakeville Zoning Ordinance is revised to read as follows: C. Auto repair (minor) and tire and battery stores and service provided that: 1. The architectural appearance and functional plan of the building and site shall not be so dissimilar #o the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. 2. The entire site other than that taken up by a building, structure or plantings shall be surfaced with a material to control dust and drainage which is subject to the approval of the City Engineer. 3. A minimum lot area of twenty thousand (20,000) square feet and minimum lot width of hone hundred fifty feet (150'). 4. A drainage system subject to the approval of the City Engineer shall be installed. 5. A curb not less than six inches (6") above grade shall separate the .public sidewalk from motor vehicle service areas. 6. The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right-of--way and .shall be in compliance with Section 11-6-9 of this Title. 7. At the boundaries of a residential district, a strip of not ess than five feet (5') shall be landscaped and screened in compliance with Section 11-6-7 of this Title. 8. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with Section 11-6-7 of this Title. 9. Vehicular .access. points shall create a minimum of conflict with through traffic movement and shall comply with Chapter 9 of this Title and shall be subject to the approval of the City Engineer. 10. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Chapter 13 of this Title. 11. Provisions are made to control and reduce noise. 12. No outside storage except as allowed in compliance with subsection D of this Section. 13. Sale of products other than those specifically mentioned in this Section be subject to a conditional use permit and be in compliance with subsection F of this Section. 14. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. 15. The provisions of subsection 11-3-2B5 of this Title are considered and satisfactorily met. Section 2. Section 11-36-4 (conditionally permitted uses within the B-3, Auto Oriented Business Zoning District) of the Lakeville Zoning Ordinance is revised to add the following: J. Motor vehicle fuel sales in association with convenience grocery operations or minor auto repair provided that: 1. Standards: The standards and requirements for motor fuel. sales shall be in addition to those which are. imposed for other uses and activities occurring on the property. 2 2. Motor Fuel Facilities: Motor fuel facilities shall be installed in accordance. with State and City standards. Additionally, adequate space shall be provided to access gas pumps and allow maneuverability around the pumps. Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations which do not conflict with circulation, access and other activities on the site. Fuel pumps shall be installed. on pump islands. 3. Area: A minimum lot area of one and one-quarter (1-1 /4) acres and minimum lot frontage of one hundred fifty feet (150'). ff the canopy is attached to the principal structure, the minimum lot size may be reduced to one (1) acre. The City Council may exempt previously developed or previously platted property from this requirement provided that the site is capable of adequately and safely handling all activities and required facilities. 4. Architectural Standards: a. As a part of the conditional use permit application, a color illustration of all building elevations must be submitted. b. The architectural appearance, scale, and functional plan of the building(s) and canopy shall be complementary and compatible with each other and the existing buildings in the neighborhood setting. c. .All sides of the principal and accessory structures are to have essentially the same or a coordinated harmonious finish treatment pursuant to Section 11-8-4 of this Title. d. Exterior wall treatments Like brick, natural stone, decorative concrete block, stucco or similar materials shall be used. e. Earth. tone colors of exterior materials including the canopy columns shall be required. Earth tone colors shall be defined. as any various soft colors like those found in nature in soil vegetation etc., such colors are limited to brown, black, grey, tan, beige, soft green or soft blue. f. Ten percent (10%) of the building facade may contain contrasting colors. Contrasting colors shall be those colors not defined as earth tones. The canopy may have contrasting 3 color bands or accent lines .not to exceed an accumulative. width of four inches (4"). The color bands shall not be illuminated. 5. Canopy: A protective canopy structure may be located over the pump island(s), as an accessory structure. The .canopy shall meet the following performance standards: a. The edge of the canopy shall be twenty feet (20') or more from. the front and/or side lot line, provided that adequate visibility both on and off site is maintained. b. The canopy shall not exceed eighteen feet (18') in height and must provide fourteen feet (14') of clearance to accommodate a semi-trailer truck from passing underneath. c. The canopy fascia shall not exceed three feet (3') in vertical height. d. ..Canopy lighting shall consist of canister spot lights recessed into the canopy. No portion of the light source or fixture may extend below the. bottom. face of the canopy. Total canopy illumination may not exceed one hundred .fifteen (115) foot .candles below the canopy at ground level. The fascia of the canopy shall not be illuminated. e. The architectural design, colors, and character of the canopy shall be consistent with the. principal building on the site. f. signage may be allowed on a detached canopy in lieu of wall signage on the .principal structure provided that: 1) The .individual. canopy sign does not exceed more than. twenty percent (20%) of the canopy facade facing a public right-of-way. 2) The canopy fascia shall not be illuminated, except for permitted canopy signage. g. Canopy posts/sign posts shall not obstruct traffic or the safe operation of the gas pumps. 4 6. Pump Islands: Pump islands must comply with the following performance standards: a. Pump islands must be .elevated six (6) inches above the traveled surface of the site. b. All pump islands must be set at least thirty feet {30') back from any property line. Additionally, the setback between the pump islands curb face must be at least twenty-four feet (24'). 7. Dust Control and Drainage: The entire site other than taken up by a building, structure, or plantings shall be surfaced with asphalt, concrete, cobblestone or paving brick. Plans for surfacing and drainage shat! be subject to approval of the City Engineer.. Drainage from .all fueling areas shall be directed to an oiUgrit separator. Minimum design standards for the oil/grit separator shall include the following: a. A minimum of four hundred (400) cubic feet of permanent pool. storage capacity per acre of drainage area. b. A minimum pool depth of four feet (4'). c. A minimum oil containment capacity of eight .hundred (800) gallons.. d. Minimum maintenance/inspection of two (2) times -per year. and/or after measurable spill events. A measurable spill shall be defined Minnesota Pollution Control Agency (MPCA). Any measurable spill event must be reported to the MPCA. 8. Landscaping: a. At least twenty five percent (25%) of the lot, parcel or tract of land used exclusively for the gas sales facility, shall remain as a grass plot, including, trees, shrubbery, plantings or fencing and shall be landscaped. Required minimum green area should be emphasized in the front and side yards abutting streets or residential property.. b. At the boundaries of the lot, the following landscape area shall be required: 5 i) F'rom side and rear property lines, an area of not less than five feet (5') wide shall be landscaped in compliance with Section 11-6-7 of this Title. ii) From all road rights-of--way, an area of not less than ten feet (10') wide shall be landscaped in compliance with Section 11-6 7 of this Title. iii) .Where lots abut residentially zoned property, a buffer yard of not less than twenty-feet (20') wide shall be landscaped and screened in compliance with Section 11-6-7 of this Title. iv) The property owner shall be responsible for maintenance of all landscaping, including within the boulevard. 9. Exterior Lighting: The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent eland in residential use or from the public right-of--way and shall be in compliance with Section 11-6-9 of this Title.. A .comprehensive ..lighting plan shall be submitted as part of the conditional use permit application, and shall be subject to the following performance standards: a. Canopy. lighting shall only be permitted under the canopy structure, and consist of canister spot Fights recessed into the canopy. No portion of the light source or fixture may extend below the bottom face of the canopy. Total canopy illumination below. the canopy may not exceed one. hundred fifteen (115) foot-candles at ground level. b. Lighting at the periphery of the site and building shall be a directed downward, and individual lights shall not exceed fifteen (15) foot-candles at ground level. c. Maximum site illumination shall not exceed one (1)foot-candle at ground level when measured at any boundary line with an adjoining residentially zoned property. or any public property. d. Except for permitted wall signage, the. building and. or canopy fascia hall not be illuminated. 6 10. Access: Vehicular access points shall create a minimum of conflict with through traffic movement and shall comply with Chapter 9 of this Title and shall be subject to the approval of the City Engineer. 11. Circulation & Loading: The site design must accommodate adequate turning radius and vertical clearance for asemi-trailer truck. Designated loading areas must be exclusive of off-street parking stalls and drive aisles. A site plan must be provided to illustrate adequate turning radius, using appropriate engineering templates. 12. Parking: a. Parking or car magazine space shall be screened from view of abutting residential districts in compliance with Section 11-6-7 of this Title. b. Parking spaces shall be calculated solely based upon. the use .and the square footage of the principal building. 13. Pedestrian Traffic: a An internal site pedestrian circulation system shall be defined and appropriate provisions made to protect such areas from encroachments by parked cars or moving vehicles. In front of the principal structure, the pedestrian sidewalk must be a minimum of four feet (4') wide and clear. of any obstacle or impediment, b. A continuous and permanent concrete curb not less than six inches (6") above grade shall separate internal sidewalks for pedestrian traffic from motor vehicle areas, pursuant to the provisions of subsection 11-9-4H of this Title. 14. Noise: Public address system shall not be audible at any property line. Play of musicor advertisement from the public address system is prohibited. Noise control shall be required as regulated in subsection 11-6-11 A of this Title. 15. Outside Storage, Sales and Service: No outside storage or sales shall be allowed, except as follows: a. An enclosed screened area is to be provided for .outside rubbish storage and dumpsters. 7 b. Public phones may be located on site as long as they do not interrupt on-site traffic circulation, and may not be located in a yard abutting. residentially zoned property.. c. Propane sales Limited to twenty (20) pound capacity tanks may be located outside provided the propane tanks are secured in a locker and meets all State Uniform Building and Fire Codes. d. A compressed air service area may be located on site as long as it does not interrupt on-site traffiic circulation. e. Existing outside storage, sales and service of items existing on . the date of this Ordinance, other than those items fisted in Section 11-36-4 J.15.a-d above must be removed within five (5) years from the effective date of this Ordinance. 16. Litter Control: The operation shall be responsible for litter control on the subject property, and is to occur on a daily basis. Trash receptacles must be provided at a convenient location on .site to facilitate litter control. 17. Signs: A comprehensive sign. plan must be submitted as part of a conditional use permit application. Signage may be allowed on a detached canopy in lieu of wall signage on the principle structure, provided that the individual canopy sign does not exceed .more than twenty ..percent (20%) of the canopy facade facing a .public right-of- way. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Chapter-13 of this Title. 18. Additional Conditions: All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request finds that the general welfare and public betterment can be served as well or better by modifying or expanding the conditions set forth herein. 19. Compliance: The provisions of subsection 11-3-ZB5 of this Title are considered and satisfactorily met. K. Commercial car washes (automatic mechanical drive through only) as an accessory. use associated with convenience storelmotor fuel sales, provided: 8 r 1. The accessory car wash must be attached. to the convenience store/motor fuel sales. 2. Magazine or stacking space is constructed to accommodate six (6) vehicles per stall and shall be subject to the approval of the City Engineer. 3. Magazine or stacking space must not interfere with on-site circulation patterns or required on-site parking or loading areas. 4. Parking or car magazine storage space shall be screened from view of abutting .residential districts in compliance with Section 11-6-7 of this Title. 5. All refuse shall be stored in containers as specified by City Code. Said containers are to be screened and enclosed by a fence or similar structure. 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. 7. Provisions are made to control and reduce noise and special precautions shall be taken to limit the effects of noise associated with vacuum machines. The car wash doors must remain closed during the entire operation cycle of the car wash and dryer. 8. Untreated water from the car wash shall not be discharged into the storm sewer. If the water is to be pre-treated and discharged into the storm sewer, the pre-treatment plans shall be subject to review and approval of the City Engineer and Building Official 9. AN of the provisions as outlined in Section 11-36-4 J. above must be satisfied. Section 2. This Ordinance shall be effective following its passage and publication. ADOPTED this lath day of August , 1997 by the City Council of the City of Lakeville. 9 CITY OF LAKEVILLE By: Duane R. Zaun, Ma ATTEST: By: Charlene Friedges, y Clerk 10 j with Section 11-6-9 of this Title. A compre- hensive lighting plan shall be submitted as part of the conditional use permit applica- tion, and shall be subject to the following performance standards: a. Canopy lighting shall only be permitted under the canopy structure, and consist of canister spot lights recessed into the canopy. No portion of the light source or fixture may extend below the bottom face of the canopy. Total canopy illumination below the canopy may not exceed one hundred fifteen (115) foot-candles at ground level. b. Lighting at the periphery of the site and building shall be directed downward, and individual lights shall not exceed fifteen (15) foot-candles at ground level. c. Maximum site illumination shall not ex- ceed one (1) foot-candle at ground level when measured at any boundary line with an adjoining residentially zoned property or any public property. d. Except for permitted wall signage, the building and or canopy fascia shall not be illuminated. ,10. Access: Vehicular access points shall create ' a minimum of conflict with through traffic movement and shall comply with Chapter 9 of this Title and shall be subject to the approval of the City Engineer. 11. Circulation & Loading: The site design must accommodate adequate turning radius and vertical clearance for a semi -trailer truck. Designated loading areas must be exclu- sive of off-street parking stalls and drive aisles. A site plan must be provided to illustrate adequate turning radius, using appropriate engineering templates. 12. Parking: a. Parking or car magazine space shall be screened from view of abutting residen- tial districts in compliance with Section 11-6-7 of this Title. b. Parking spaces shall be calculated solely based upon the use and the square foot- age of the principal building. l3. Pedestrian Traffic: a. An internal site pedestrian circulation system shall be defined and appropriate provisions made to protect such areas from encroachments by parked cars or moving vehicles. In front of the principal structure, the pedestrian sidewalk must be a minimum of four feet (4') wide and clear of any obstacle or impediment. b. A continuous and permanent concrete curb not less that grade shall separ for pedestrian tra areas, pursuant t, section 11-94H of 14. Noise: Public addre: audible at any prop( or advertisement fr system is prohibited required as regu 11-6-11A of this Titl 15. Outside Storage, Sal, side storage or sale, cept as follows: a. An enclosed scree vided for outside dumpsters. b. Public phones ma long as they do traffic circulatior cated in a yard zoned property. c. Propane sales li pound capacity 1 outside provided secured in a lock4 Uniform Building d. A compressed ail located on site a interrupt on-site e. Existing outside vice of items exist Ordinance, other in Section 11-36-4 removed within f effective date of t 16. Litter Control: The sponsible for litter property, and is to Trash receptacles n convenient location ter control. 17. Signs: A comprehen, submitted as part of mit application. Sigr a detached canopy in the principle structi individual canopy sig than twenty percen facade facing a public ing and information cation devices shall l be in compliance wi Title. 18. Additional Conditioi taining to a specific si when the Council, relation to a formal PEOPLE RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space: $14.53 per column inch. (2) Maximum rate allowed by law for the above matter: $14.53 per column inch. (3) Rate actually charged for the above matter: $10.48 per column inch, 1st week and $9.95 per column inch, successive weeks. AFFIDAVIT OF PUBLICATION Richard M. Sherman , being duly sworn, on oath says that he/she is the publisher or authorized agent and employee of the pub- lisher of the newspaper known as Lakeville Life & Times, and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualifi- cations as a qualified newspaper, as pro- vided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed Ord. No. 608 City of Lakeville which is attached was cut from the columns of said newspaper, and was printed and published once on Saturday, the 3 0th day of August , 1997; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publica- tion of the notice: abcdefghijklmnopqrstuvwxyz BY: TITLE: Publisher Subscribed and sworn to before me on this 3rd day of September , 1997. i Notary Public vwv\ titivvvVnnnnvwVnvv BARBARA J. GROSBERG NOTARY PUBLIC- MINNESOTA MY COMMISSION EXPIRES 1 31-00 vvvvvvvvv v✓ \A nv rmnn C-IWK