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HomeMy WebLinkAbout6A Kwik Trip CUP Review 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 PLANNING REPORT AGENDA ITEM: SUBJECT: PREPARED BY: PUBLIC HEARING: DATE: 6A REVIEW OF A CONDITIONAL USE PERMIT ALLOWING A MOTOR FUEL STATION WITHIN THE C-2 (COMMUNITY BUSINESS) ZONING DISTRICT DANETTE MOORE, PLANNING COORDINATOR _YES X NO-N/A APRIL 23, 2007 INTRODUCTION: On April 4, 2005 the City Council heard an appeal and upheld the Planning Commissions decision related to the approval of a Conditional Use Permit (CUP) to allow a Kwik Trip motor fuel station within the C-2 (Community Business) Zoning District. At that time, the Council applied additional conditions to the CUP. One of these conditions stated: "Notwithstanding Section 1108.200 of the Zoning Code, the hours of operation specified by the Conditional Use Permit shall be reviewed by the Planning Condition as of April 1, 2007". For that reason, the CUP condition related to the hours of operation is being brought before the Planning Commission for review. The resolution specifies the hours of operation are limited to 5 am - 12 am/midnight. HISTORY: In November of 2004, Kwik Trip, Inc. applied for a Conditional Use Permit (CUP) to allow a motor fuel station within the C-2 (Community Business) Zoning District. On January 10, 2005 the Planning Commission held a public hearing for the CUP request. At that time, the Planning Commission closed the public hearing and directed staff to create a resolution denying the CUP application. The applicant subsequently withdrew the application and held a neighborhood meeting (February 22, 2005). The applicant submitted a revised CUP application and a public hearing was held at the February 28, 2005 Planning Commission meeting. The Planning Commission approved the CUP (3-2), with conditions. On March 4, 2005, Dean and Carrie Boegeman, who lived within 350 feet of the subject site, appealed the Planning Commissions decision. The City Council heard the appeal on April 4, 2005 and upheld the Planning Commissions decision (4-0, 1 recused) with additional conditions. The following fifteen conditions were placed on the Kwik Trip CUP: 1:\07 files\07 subject\review of kwik trip cup\cup review\=ld-p.,.c..qoc www.cltyotpnorlake.com Phone 952.447.4230 / Fax 952.447.4245 1. Conditions outlined in Section 1102.1003(1) of the City Code, related to motor fuel stations as a conditional use, shall be adhered to. 2. Prior to building permit issuance, all grading and drainage plans must be approved by the City Engineer. 3. Exterior materials of all buildings on the site shall comply with Section 1107.2202 of the Zoning Ordinance. 4. Bufferyard requirements as outlined in Section 1107.2000 of the City Code shall be met. 5. The carwash shall limit hours of operation from 6:00 am to 10:00 pm. 6. All retaining walls and landscaping must remain outside the public right of way and provide for the preservation of adequate site line requirements. 7. The applicant shall submit updated plans and elevations that reflect the proposed plan modifications and conditions. 8. The applicant shall obtain necessary licensing for the sale of alcohol and tobacco products, if this is conducted at the site. 9. The applicant shall obtain sign permits to assure proper signage size and placement. 10. Deliveries shall be limited to the hours of 6 am to 10 pm. 11. Signs shall be posted on Cougar Path stating no through traffic. 12. Trees for screening shall be a minimum of 3.5 caliper inches for deciduous and 8 feet in height for coniferous. 13.AII dumpsters must be fully enclosed. 14.Hours of operation shall be limited to 5 am-12 am/midnight. 15. Notwithstanding, Section 1108.200 of the Zoning Code, the hours of operation specified by this Conditional Use Permit shall be reviewed by the Planning Commission as of April 1 ,2007. ANAL YSIS: At the time of the public hearing, the limitation to the hours of operation were a result of concerns expressed by neighboring homeowners related to noise, traffic, and crime. Since that time, staff has noted the following: Police Calls: As of June, 2005, the Kwik Trip site has had a total of 99 contacts with the Prior Lake Police Department. 35 of the 99 contacts were crime related (gas drive-offs without paying, shoplifting, and fraud). 64 of the 99 contacts were non-crime related (lockouts, medical assistance, vehicle assistance, etc). Reported Complaints: Shortly after the landscaping was installed, staff received an inquiry from a citizen regarding the size of trees planted on the berm along Wilds Path. In response, staff conducted a site visit and verified that a limited number of the trees were not as large as shown on the approved landscape plan (these trees met the minimum required landscaping size (6 ft), but did not meet the increased size proposed on the approved plan (8 ft)). For that reason, the applicant promptly put in additional trees. Staff is unaware of any other inquiries or complaints related to the Kwik Trip site. 1:\07 files\07 subject\review of kwik trip cup\cup reviewed-p.c..doc 2 CONCLUSION A Kwik Trip representative has indicated that in the future they intend to apply for a CUP Amendment, requesting extended hours of operation. At that time, a public hearing will be required. RECOMMENDATION: The Planning staff has no concerns related to the current hours of operation. ACTIONS REQUIRED: No action is required at this time. ATTACHMENTS: 1. Location Map 2. Resolution 05-55 (Appeal) 1:\07 files\07 subject\review of kwik trip cup\cup reviewed-p.c..doc 3 KWIK TRIP SITE I I . I I L I I ~ I I I I i ! f- I i I I I ir--- I ~UI ,:ff~:.\.lb~~~ '-tlji'/ rblB~ I 'Cy\ - 1 L-, _ . \ \ ---\ "\-\ I I ~\~\ I , . rr+--'~l \~\.~, \\,Q r ~' I L '. '\,\ l I " \~ -----'T- ' \, -- -~ r------r-r \ I I I- I I .", I , --'------7 / I I j / / I I II // , ,I !! I . I I I' ! ! L' I, I ---L------l ! t--1 .1__J-_ -.---..-- L Haas Lake 300 0 300 Feet ~- --.J N + 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 RESOLUTION 05-55 RESOLUTION OF THE PRIOR LAKE CITY COUNCIL UPHOLDING THE PLANNING COMMISSION'S DECISION TO GRANT A CONDITIONAL USE PERMIT TO AlLOW A MOTOR FUEL STATION IN THE C-2 ZONING DISTRICT MOTION BY: HauQen SECOND BY: LeMair WHEREAS, Kwik Trip requested a conditional use permit to establish a motor fuel station on the property located on the southeast corner of CSAH 42 and CSAH 83, zoned C-2 (Community Business), and legally described as follows: Lot 1, Block 1, Wilds North 4th Addition, Scott County, Minnesota; and WHEREAS The Planning Commission reviewed the application for a conditional use permit as contained in Case File 05-107, and held a hearing thereon February 28,2005; and WHEREAS, The Planning Commission concluded the conditional use permit was consistent with the criteria set forth in Section 1108.202 and Section 1102.1003 of the Zoning Ordinance, subject to ten conditions; and WHEREAS, The City Council reviewed the appeal of the Planning Commission's decision, and the information contained in Case File 04-136 and Case File 05-107, and held a hearing thereon on April 4, 2005. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE: 1) The above recitals are incorporated as if fully set forth herein. 2) The City Council finds that the requested conditional use permit is consistent with the criteria set forth in Section 1108.202 and Section 1102.1003 of the Zoning Ordinance, subject to ten conditions. 3) The City Council determined that the Planning Commission's decision to approve the conditional use permit subject to ten conditions should be upheld. 4) The City Council makes the following findings: a. Dean and Carrie Boegeman, appealed the decision of the Planning Commission in accordance with Section 1108.210 of the City Code on March 4, 2005. b. The City Council reviewed the appeal of the Planning Commission's decision, and the information contained in Case File 04-136 and Case File 05-107, and held a hearing thereon on February 28, 2005. c. The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. · Two of the objectives of the Comprehensive Plan are to "determine and strive for a balance of R:\RESOLUTI\PLANRES\05-55 Kwik Trip CUP.doc www.cityofpriorlake.com Page 1 Phone 952.447.4230 / Fax 952.447.4245 -..--.------..---- 'j commerce, industry and population" and to "maintain high standards in the promotion and development of commerce and industry." This proposal will be consistent with the goals, objectives, and policies of the Comprehensive Plan provided it complies with the conditions of approval. d. The use will not. be detrimental to the health, safety, morals and general welfare of the community as a whole. · The uses will not be detrimental to the health, safety, and general welfare of the community as a whole provided all conditions of approval are met. e. The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the Conditional Use is located. · One purpose of the Zoning Ordinance is to "protect the residential, business, industrial and public areas of the community and maintain their stability." The proposed use is consistent with this goal, provided the site complies with all conditions of approval. f. The use will not have undue adverse impacts on governmental facilities, services, or improvements, which are either existing or proposed. · The use will not over burden municipal facilities. g. The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. · The Zoning Ordinance places conditions on the use that are intended to protect the use and enjoyment of adjacent properties in the "R" use districts. The applicant has made modifications to the site plan to assist in alleviating adverse impacts to adjacent sites. h. The use is subject to the design and other requirements of site and landscape plans prepared by or under the direction of a professional landscape architect, or civil engineer registered in the State of Minnesota, approved by the City Council and incorporated as part of the conditions imposed on the use by the City Council. · The site will be required to have an approved buffer yard along all lot lines that abut residential sites. The applicant must submit a plan showing an increased berm height and retaining wall along Wilds Path. i. The use is subject to drainage and utility plans prepared by a professional civil engineer registered in the State of Minnesota which illustrate locations of city water, city sewer, fire hydrants, manholes, power, telephone and cable lines, natural gas mains, and other service facilities. The plans shall be included as part of the conditions set forth in the CUP approved by the City Council. · The applicant has been working with the Engineering Department to meet grading and drainage requirements. Prior to any building permits, the applicant will be required to have approval of all grading and drainage plans by the City Engineer. j. The use is subject to such other additional conditions which the City Council may find necessary to protect the general welfare, public safety and neighborhood character. Such additional conditions may be imposed in those situations where the other dimensional standards, performance standards, conditions or requirements in this Ordinance are insufficient to achieve the objectives contained in subsection 1108.202. In these circumstances, the City Council may impose restrictions and conditions on the CUP which are more stringent than those set forth in the Ordinance and which are consistent with the general conditions above. The additional conditions shall be set forth in the CUP approved by the City Council. R:\RESOLUTI\PLANRES\05-55 Kwik Trip CUP.doc Page 2 ----~- · The City Council has attached the listed conditions they deem appropriate to protect the general welfare, public safety, and neighborhood character. 5) The Conditional Use Permit is hereby approved on the property legally described as follows: Lot 1, Block 1, Wilds North 4th Addition 6) The Conditional Use Permit is hereby approved subject to the following conditions: a) Conditions outlined in Section 1102.1003(1) of the City Code, related to motor fuel stations as a conditional use, shall be adhered to. b) Prior to building permit issuance, all grading and drainage plans must be approved by the City Engineer. c) Exterior materials of all buildings on the site shall comply with Section 1107.2202 of the Zoning Ordinance. d) Bufferyard requirements as outlined in Section 1107.2000 of the City Code shall be met. e) The carwash shall limit hours of operation from 6:00 am to 10:00 pm. f) All retaining walls and landscaping must remain outside the public right of way and provide for the preservation of adequate site line requirements. g) The applicant shall submit updated plans and elevations that reflect the proposed plan modifications and conditions. h) The applicant shall obtain necessary licensing for the sale of alcohol and tobacco products, if this is conducted at the site. i) The applicant shall obtain sign permits to assure proper signage size and placement. j) Deliveries shall be limited to the hours of 6 am to 10 pm. k) Signs shall be posted on Cougar Path stating no through traffic. I) Trees for screening shall be a minimum of 3.5 caliper inches for deciduous and 8 feet in height for coniferous. m) All dumpsters must be fully enclosed. n) Hours of operation shall be limited to 5 am-12 am/midnight. 0) Notwithstanding, Section 1108.200 of the Zoning Code, the hours of operation specified by this Conditional Use Permit shall be reviewed by the Planning Commission as of April 1 , 2007. 7) The contents of Planning Case File 04-136 and Planning Case File 05-107 are hereby entered into and made a part of the public record and the record of the decision for this case. Passed and adopted this 4th day of April, 2005. Hauqen X Hauqen Fleming X Fleming LeMair X LeMair Petersen X Petersen Zieska Recused Zieska YES NO {Seal} CityMa~ R:\RESOLUTI\PLANRES\05-55 Kwik Trip CUP.doc Page 3 . --.- ----r -...