HomeMy WebLinkAbout2022-094 Council ResolutionCITY OF LINO LAKES
RESOLUTION NO.22-94
APPROVING KWIK TRIP CONDITIONAL USE PERMIT FOR
MOTOR FUEL STATION
WHEREAS, the City received a land use application for a conditional use permit for
Kwik Trip motor fuel station and commercial car wash and hereafter referred to as
"Development"; and
WHEREAS, the property is zoned GB, General Business and allows for a motor fuel
station with a conditional use permit; and
WHEREAS, the legal description of the property is:
That part of Government Lot 1, Section 30, Township 31 North, Range 22 West, Anoka
County, Minnesota, described as follows: Lying southeasterly of the centerline of
County State Aid Highway No. 23 and lying westerly of the centerline of County State
Aid Highway No. 49 (a/k/a Hodgson Road) Abstract Property; and
WHEREAS, City staff has completed a review of the land use application based on the
following plans:
• Applicant Narrative prepared by Kwik Trip dated July 8, 2022
• ALTA Survey prepared by EG Rud & Sons, Inc. dated July 5, 2022
• Site Improvement Plans including site plan, civil plan set, and landscape plans
prepared by Insites Site Planning and Sunde Engineering dated June 27, 2022
• Architectural Plans prepared by Vantage Architects dated June 21, 2021
• Stormwater Management Plan prepared by Sunde Engineering, PLLC. dated May
17, 2022
• Traffic Impact Analysis prepared by SEH dated July 8, 2022
• Sound Control Plan prepared by Insites dated May 20, 2022; and
WHEREAS, a public hearing was held before the Planning & Zoning Board on August
10, 2022 and the Board recommended approval of the conditional use permit with a 5-0
vote.
NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino
Lakes hereby makes the following findings:
FINDINGS OF FACT
1. The proposed development application has been found to be consistent with the
policies and recommendations of the Lino Lakes Comprehensive Plan including:
a. Land Use Plan.
b. Transportation Plan.
c. Utility (Sewer and Water) Plans.
d. Local Water Management Plan.
e. Capital Improvement Plan.
f. Policy Plan.
g. Natural Environment Plan.
The proposed Kwik Trip motor fuel station with commercial car wash is consistent with
the policies and recommendations of the Lino Lakes Comprehensive Plan including Land
Use, Utility, Local Water Management, Capital Improvement, Policy and Natural
Environmental Plans as detailed in this staff report.
2. The proposed development application is compatible with present and future land
uses of the area.
The proposed Kwik Trip motor fuel station with commercial car wash is compatible with
present and future land uses. The subject site and adjacent parcels are guided and zoned
for residential and commercial use. Adequate landscape screening and buffers have
been provided on site.
The proposed development application conforms to performance standards herein and
other applicable City Codes.
A Site & Building Plan Review has been completed and the proposed Kwik Trip motor
fuel station with commercial car wash meets zoning performance standards with
conditions listed in this staff report.
4. Traffic generated by a proposed development application is within the capabilities of
the City when:
a. If the existing level of service (LOS) outside of the proposed subdivision is A
or B, traffic generated by a proposed subdivision will not degrade the level of
service more than one grade.
b. If the existing LOS outside of the proposed subdivision is C, traffic generated
by a proposed subdivision will not degrade the level of service below C.
c. If the existing LOS outside of the proposed subdivision is D, traffic generated
by a proposed subdivision will not degrade the level of service below D.
d. The existing LOS must be D or better for all streets and intersections
providing access to the subdivision. If the existing level of service is E or F,
the subdivision developer must provide, as part of the proposed project,
improvements needed to ensure a level of service D or better.
e. Existing roads and intersections providing access to the subdivision must have
the structural capacity to accommodate projected traffic from the proposed
subdivision or the developer will pay to correct any structural deficiencies.
f. The traffic generated from a proposed subdivision shall not require City street
improvements that are inconsistent with the Lino Lakes Capital Improvement
Plan. However, the City may, at its discretion, consider developer -financed
improvements to correct any street deficiencies.
g. The LOS requirements in paragraphs a. to d. above do not apply to the I-
35W/Lake Drive or I-35E/Main St. interchanges. At City discretion,
interchange impacts must be evaluated in conjunction with Anoka County and
the Minnesota Dept. of Transportation, and a plan must be prepared to
determine improvements needed to resolve deficiencies. This plan must
determine traffic generated by the subdivision project, how this traffic
contributes to the total traffic, and the time frame of the improvements. The
plan also must examine financing options, including project contribution and
cost sharing among other jurisdictions and other properties, that contribute to
traffic at the interchange.
h. The City does not relinquish any rights of local determination.
The proposed Level of Service does not degrade by more than one (1) LOS; therefore, the
traffic generated by the proposed motor fuel station with commercial car wash is within
the capabilities of the City. CSAH 23 (Lake Drive) is an A -Minor Reliever road and
CSAH 49 (Hodgson Road) is an A -Minor Expander road. These roads have structural
capacity to handle the traffic volume of the motor fuel station with commercial car wash.
The City does not relinquish any rights of local determination.
5. The proposed development shall be served with adequate and safe water supply.
The proposed Kwik Trip motor fuel station with commercial car wash will connect to an
adequate and safe municipal 16" water supply.
6. The proposed development shall be served with an adequate and safe sanitary sewer
system.
The proposed Kwik Trip motor fuel station with commercial car wash will be served by
an adequate and safe municipal 10 " sanitary sewer system.
7. The proposed development shall not result in the premature expenditures of City
funds on capital improvements necessary to accommodate the proposed development.
No City funds are being expended on this project.
8. The proposed development will not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any persons,
property, or the general welfare because of excessive production of traffic, noise,
smoke, fumes, glare, or odors.
Motor fuel stations and commercial car washes are an allowed use in the GB, General
Business District with an approved conditional use permit. The project will not generate
excessive traffic, noise, smoke, fumes, glare or odors.
9. The proposed development will not result in the destruction, loss, or damage of a
natural, scenic or historic feature of major importance.
There are no known natural, scenic or historic features on the existing site.
BE IT FURTHER RESOLVED by The City Council of Lino Lakes in addition to the
administrative requirements of a conditional use permit, the following specific
performance standards of Section 1007.112 (8) must also be met:
(g) Motor fuel stations provided that:
Motor Fuel Facilities. Motor fuel facilities shall be installed in accordance
with State and City standards. Additionally, adequate space shall be provided to access
fuel 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.
2. Architectural Standards
a. As a part of the conditional use permit application, a color illustration
of all building elevations shall be submitted.
A color illustration of all building elevations has been 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.
The architectural appearance and scale of the proposed building and canopy are
complementary and compatible with each other and the other 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 § 1007.043
(2) of this Ordinance.
All sides of the principal and accessory structures have essentially the same or a
coordinated harmonious finish treatment pursuant to City Code Section 1007.043(2) of
this Ordinance. The exterior material of the principal and attached accessory structure
(trash enclosure) is brick.
d. Exterior wall treatments like brick, stone (natural or artificial),
decorative concrete block and stucco shall be used.
The motor fuel station uses both brick and stucco as exterior wall treatments.
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, gray, tan,
beige, brick red, soft green, soft blue, or white.
Exterior materials including the canopy columns consist of earth tone colors. The color
palette consists of earth tone tan, almond, red and green. The canopy columns are wrapped
with brick similar to the building.
f. Ten (10) percent of the building facade may contain contrasting colors.
Contrasting colors shall be those colors not defined as earth tones. The canopy may have
contrasting color bands or accent lines not to exceed an accumulative width of four (4)
inches. The color bands shall not be illuminated.
The motor fueling station has a red accent band that makes up less than ten (10) percent
of the building's fagade. The canopy has a color band with an accumulative width of eight
(8) inches which exceeds the allotted accumulative width of four (4) inches and shall be
revised. The color band is not illuminated.
3. 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 thirty (30) feet or more from the front
and/or side lot line, provided that adequate visibility both on -site and off -site is maintained.
The edge of the canopy is 230ft from the Lake Drive lot line, 70ft from the Hodgson Road
lot line, 900 ft from the south lot line and 23Oft from the west lot line, and adequate
visibility both on -site and off -site will be maintained.
b. The canopy shall not exceed eighteen (18) feet in height and must
provide fourteen (14) feet of clearance to accommodate a semi -trailer truck passing
underneath.
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The canopy is 18 feet in height and provides 14 feet of clearance to accommodate a semi-
trailer truck passing underneath.
c. The canopy fascia shall not exceed three (3) feet in vertical height.
The canopy fascia exceeds three (3) feet in vertical height and shall be revised.
d. Canopy lighting shall consist of canister spotlights recessed into the
canopy. No portion of the light source or fixture may extend below the ceiling of the
canopy. Total canopy illumination may not exceed one hundred fifteen (115) foot candles
below the canopy at ground level.
Canopy lighting consist of canister spotlights recessed into the canopy. No portion of the
light source or fixture extends below the ceiling of the canopy. Total canopy illumination
does not exceed 53 foot candles below the canopy at ground level.
e. The architectural design, colors, and character of the canopy shall be
consistent with the principal building on the site.
The architectural design, colors, and character of the canopy are consistent with the
principal building on the site. Both the building and canopy will utilize a color palette of
earth tone red, tan, and white and have brick exterior materials.
f. Signage may be allowed on a detached canopy in lieu of wall signage
on the principal structure, provided that:
i. The individual canopy sign does not exceed more than twenty (20)
percent of the canopy facade facing a public right-of-way.
The applicant shall revise the canopy plans as noted and submit Signage calculations
compliant with the 20% requirement.
g. Canopy posts/sign posts shall not obstruct traffic or the safe operation
of the gas pumps.
The canopy posts/sign posts do not obstruct traffic or the safe operation of the gas
PUMPS.
4. Pump Islands. Pump islands shall comply with the following performance
standards:
a. Pump islands shall be elevated six (6) inches above the traveled surface
of the site.
The pump islands are elevated six (6) inches above the traveled surface of the site.
b. All pump islands shall be set at least thirty (30) feet back from any
property line. Additionally, the setback between the pump islands curb face must be at
least twenty-four (24) feet.
The pump island is 230ft from the Lake Drive property line, 70ft from the Hodgson Road
property line, 900 ft from the south property line and 230 ft from the west property line.
Additionally, the setback between the pump islands curb face is 24 ft.
5. 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 shall be subject to approval of the City
Engineer. Drainage from all fueling areas shall be directed to an oil/grit 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.
Permanent pool storage volume of 884 cubic feet is required and 960 cubic feet is provided.
b. A minimum pool depth of four (4) feet.
Pool depth is eight (8) feet.
c. A minimum oil containment capacity of eight hundred (800) gallons.
Oil containment capacity is 3,140 gallons.
d. Minimum maintenance/inspection of two (2) times per year and/or
after measurable spill events. A measurable spill shall be defined by the Minnesota
Pollution Control Agency (MPCA). Any measurable spill event must be reported to the
MPCA.
Minimum maintenance/inspection of two (2) times per year shall be conducted and/or after
measurable spill events. Any measurable spill event will be reported to the MPCA.
6. Landscaping.
a. At least twenty-five (25) percent 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.
The lot has 86% open space with trees, plantings and wetlands. Screening, landscaping
and buffer yards have been provided in compliance with City Code Section 1007.043(17).
required:
b. At the boundaries of the lot, the following landscape area shall be
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i. From side and rear property lines, an area of not less than ten (10)
feet wide shall be landscaped in compliance with §1007.043 (17) of this Ordinance.
The motor fuel station is properly landscaped and screened in compliance with City Code
Section 1007.043(17). A 55ft to 235ft wide buffer of heavily wooded area is provided
along the west (side) lot line. A 6ft high privacy fence also exists on the Pine Hollow
development along the west lot line near the residential houses. Single family homes to
the south (rear lot line) are over 800ft from the parking lot and are screened with
additional landscaping and berm.
ii. From all road rights -of -way, an area of not less than fifteen (15) feet
wide shall be landscaped in compliance with § 1007.043 (17) of this Ordinance.
From all road rights -of -way, a 15-35 foot wide landscape buffer is provided in
compliance with City Code Section 1007.043(17).
iii. Where lots abut residentially zoned property, a buffer yard of not
less than twenty (20) feet wide shall be landscaped and screened in accordance with
§ 1007.043 (17) of this Ordinance.
The motor fuel station is properly landscaped and screened in compliance with City Code
Section 1007.043 (17) of this Ordinance. A 55ft to 235ft wide buffer of heavily wooded
area is provided along the west (side) lot line. A 6ft high privacy fence also exists on the
Pine Hollow development along the west lot line near the residential houses. Single
family homes to the south (rear lot line) are over 800ft from the parking lot and are
screened with additional landscaping and berm.
iv. The property owner shall be responsible for maintenance of all
landscaping, including within the boulevard.
The property owner will be responsible for maintenance of all landscaping, including
within the boulevard.
7. Exterior Lighting. 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 § 1007.043 (6) of this Ordinance. 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. Canopy lighting shall only be permitted under the
canopy structure, and shall consist of canister spotlights recessed into the canopy. No
portion of the light source or fixture may extend below the ceiling of the canopy. Total
canopy illumination below the canopy may not exceed one hundred fifteen (115) foot
candles at ground level.
Canopy lighting consists of canister spotlights recessed into the canopy. No
portion of the light source or fixture extends below the ceiling of the canopy. Total canopy
illumination does not exceed 53 foot candles below the canopy at ground level.
b. Perimeter Lighting. 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.
Lighting at the periphery of the site's parking lot is directed downward, and individual
lights do not exceed five (5) foot candles at ground level.
c. Illumination. Maximum site illumination shall not exceed four -tenths
(4) foot candle at ground level when measured at any boundary line with an adjoining
residential property or any public property.
Maximum site illumination does not exceed four -tenths (4) foot candle at ground level
when measured at any boundary line with an adjoining residential property or any public
property. The west lot line and south lot line, which abut residential zoning, limits
illumination to zero (0.0) foot candles. The site does not abut any public property.
d. Access. Vehicular access points shall create a minimum of conflict
with through traffic movement and shall comply with § 1007.044 of this Ordinance.
Vehicular access points will create a minimum of conflict with through traffic movement
and comply with City Code Section 1007.044. The site plans have been reviewed and
approved by Anoka County Highway Department and the City Engineer with conditions.
8. Circulation and Loading. The site design must accommodate adequate
turning radius and vertical clearance for a semi -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.
The site design accommodates adequate turning radius and vertical clearance for a semi-
trailer truck. Designated loading areas are exclusive of off-street parking stalls and
drive aisles. A site circulation plan, Sheet SPO, Site Circulation Plan, has been provided
and approved.
9. Parking.
a. Parking spaces shall be calculated solely based upon the use(s) and the
square footage of the principal building(s).
Parking spaces have been calculated solely based upon the use and the square footage
of the principal building. Twenty-one (21) parking spaces are required and 42 spaces are
provided.
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b. Parking spaces shall be screened from abutting residential properties in
compliance with § 1007.043 (17) of this Ordinance.
The parking spaces are properly landscaped and screened in compliance with City Code
Section 1007.043 (17). A 55ft to 235ft wide buffer of heavily wooded area is provided
along the west (side) lot line. A 6ft high privacy fence also exists on the Pine Hollow
development along the west lot line near the residential houses. Single family homes to
the south (rear lot line) are over 800ft from the parking lot and are screened with
additional landscaping and berm.
10. Noise. Public address system shall not be audible at any property line.
Play of music or advertisement from the public address system is prohibited. Noise control
shall be required as regulated in §1007.043 (10) of this Ordinance.
Public address system will not be audible at any property line. Music or advertisement
from the public address system is prohibited and shall not be played. Noise control will
be provided as regulated in City Code Section 1007.043(10). Provisions have made to
control and reduce noise. A Sound Control Plan has been reviewed and approved. The
sound on the site is mitigated by distance and vegetation buffer.
11. Outside Storage, Sales and Service. No outside storage or sales shall be
allowed, except as follows:
a. Public phones may be located on site as long as they do not interrupt
on -site traffic circulation, and are not located in a yard abutting residentially zoned
property.
Public phones will not be provided.
b. Propane sales of 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.
Propane sales of 20 pound capacity tanks are provided and are located outside. Propane
tanks will be secured in a locker that meets all State Uniform Building and Fire Codes.
Large, bulk sale propane tanks must meet all applicable building and
fire code requirements.
Large bulk sale propane tanks are not provided on site.
c. A compressed air service area may be located on site as long as it does
not interrupt on -site traffic circulation.
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A circulation plan has been provided and the compressed air service will not interrupt on -
site traffic circulation. The compressed air service is located near the proposed
commercial car wash exit abutting the east lot line landscape buffer.
d. Accessory outdoor services, sales, or rental as regulated by § 1007.112
(7)(f) of this Ordinance.
Accessory outdoor sales are proposed near the building and under the canopy and are
compliant with City Code Section 1007.112(7)69.
12. Litter Control. The operation shall be responsible for litter control on the
subject property, which is to occur on a daily basis. Trash receptacles shall be provided at
a convenient location on site to facilitate litter control.
The operation is responsible for litter control on the subject property, and will occur on a
daily basis. Trash receptacles will be provided at convenient locations on site to facilitate
litter control.
13. Additional Stipulations. 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.
BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby
approves the conditional use permit for the Kwik Trip motor fuel station subject to the
following conditions:
1. A Site Improvement Performance Agreement shall be executed.
2. A Permanent Drainage, Utility and Roadway Easement shall be granted to the
City and recorded.
3. A Public Trail Easement with exhibit shall be granted to the City and recorded.
4. The public trail extending from Sandhill Drive shall be developer installed and
City maintained.
5. A Wetland Buffer Declaration and Conservation Easement in favor of RCWD and
the City shall be recorded.
6. A Declaration for Maintenance of Stormwater Facilities in favor of RCWD and
the City shall be recorded.
7. A separate sign permit application shall be submitted and approved by the City
prior to signage installation.
8. The development shall be in compliance with the approved plans and conditional
use permit criteria at all times.
9. The commercial car wash hours of operation shall be 7:00 a.m. to 9:00 p.m.
BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby
approves the conditional use permit subject to the following requirements being
addressed prior to issuance of a building permit:
1. All comments from the City Engineer letter dated August 3, 2022 shall be
addressed.
2. All comments from the Environmental Coordinator letter dated August 1, 2022
shall be addressed.
a. Staff and the applicant will work together to locate these shrubs and trees
in lieu of shrubs in places that provide additional screening to the west.
3. The applicant shall consult with SHPO prior to site disturbance. Any study or
mitigation as directed by SHPO shall be completed in accordance with SHPO
guidance.
4. The applicant shall draft the following documents for City review and approval
prior to recording:
a. Permanent Drainage, Utility and Roadway Easement with exhibit
including drainage and utility easements at least 10 feet wide along the lot
lines, stormwater pond 100 year HWL, and delineated wetland boundary
b. Public Trail Easement with exhibit.
c. Wetland Buffer and Conservation Easement with exhibit.
d. Declaration for Maintenance of Stormwater Facilities with exhibit
5. Sheet SPI, Site Dimensional Plan:
a. Turn lane arrows on the driveways at Lake Drive and Hodgson Road shall
be provided.
b. A minimum 8.5ft wide trail or 5ft wide sidewalk shall be installed from
the Lake Drive and Hodgson Road intersection to the parking lot.
c. A minimum 8.5 ft wide trail shall be constructed from Sandhill Drive
north to the parking lot between the stormwater pond and wetland.
d. The drive aisle between the car wash stacking area and curb shall be a
minimum of 24 ft wide.
e. The text on the underground fuel tanks is backwards and shall be revised.
f. The "layout base line" shall be removed and all measurements shall be
made from the "proposed ROW line".
g. Under "Parking Requirements":
i. Include retail square footage used in calculation.
ii. The "Parking Provided" shall be revised to show the correct
number of spaces provided.
h. The Building Heights calculations do not match the architectural plan
sheets and shall be revised.
i. The note under Building Setbacks -Front shall be revised from 30ft to 40ft.
j. Add the building footprint square footage to the plan sheet.
6. Sheet SP L I, Site Keynote Plan:
a. Show location of #11, Bike Rack.
7. Sheet SP2, Grading Plan:
a. The berm along Hodgson Road shall not extend into the road right-of-way.
8. Sheet SP4.0, Utility Plan:
a. An additional fire hydrant shall be installed along the curb near the car
wash entrance on the northside of the entrance from Lake Drive.
9. Sheet SPA, Site Plan with Aerial:
a. Add scale.
10. Sheet A001, Store Elevation:
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a. Add scale.
11. Sheet A002, Canopy Elevation:
a. The 3ft canopy measurement does not appear to be correct.
b. The canopy fascia shall not exceed three (3) feet in vertical height and
shall be revised.
c. Signage may be allowed on a detached canopy in lieu of wall signage on
the principal structure, provided that the individual canopy sign does not
exceed more than twenty (20) percent of the canopy facade facing a public
right-of-way.
d. The canopy color band shall not exceed four (4) inches in width and shall
be revised.
Adopted by the Council of the City of Lino Lakes this 26th day of September, 2022.
The motion for the adoption of the foregoing resolution was introduced by Councilmember
Stoesz and was duly seconded by Councilmember Ruhland and upon a vote being taken
thereon, the following voted in favor thereof: Ruhland, Stoesz, Cavegn, Rafferty
The following voted against same: Lyden
ATTEST:
Ju dBartell, City Cl rk
13
/ N lix
Ro afferty, M yor
CITY*LPK
OF
IIN(ES
STATE OF MINNESOTA)
COUNTY OF ANOKA) SS
CITY OF LINO LAKES)
Document No.: 2377206.002 ABSTRACT
10/03/2022 02:39 PM
Fees/Taxes In the Amount of: $46.00
Pamela J. LeBlanc
Anoka Cty Property Records and Taxation
Property Tax Administrator and
Recorder/Reggistrar of Titles
Deputy: ratendoh
CITY OF LINO LAKES
CERTIFICATION
RESOLUTION NO. 22-94
I, Julianne Bartell, City Clerk of the City of Lino Lakes, in the County of Anoka and
State of Minnesota, certify that I have examined the attached copy of Resolution No. 22-94,
Approving a Conditional Use Permit for a motor fuel station (Kwik Trip), approved by the Lino
Lakes City Council on September 26, 2022, and have carefully compared the same with the
original on file in this office, and that the attached copy is a true, correct and complete copy of
the original.
IN WITNESS WHEREOF, I have signed and affixed the
city seal on September 29, 2022.
600 Town Center Parkway, Lino Lakes, MN 55014
Phone: 651-982-2400 • Fax: 651-982-2499
CITY OF LINO LAKES
RESOLUTION NO.22-94
APPROVING KWIK TRIP CONDITIONAL USE PERMIT FOR
MOTOR FUEL STATION
WHEREAS, the City received a land use application for a conditional use permit for
Kwik Trip motor fuel station and commercial car wash and hereafter referred to as
"Development"; and
WHEREAS, the property is zoned GB, General Business and allows for a motor fuel
station with a conditional use permit; and
WHEREAS, the legal description of the property is:
That part of Government Lot 1, Section 30, Township 31 North, Range 22 West, Anoka
County, Minnesota, described as follows: Lying southeasterly of the centerline of
County State Aid Highway No. 23 and lying westerly of the centerline of County State
Aid Highway No. 49 (a/k/a Hodgson Road) Abstract Property; and
WHEREAS, City staff has completed a review of the land use application based on the
following plans:
• Applicant Narrative prepared by Kwik Trip dated July 8, 2022
• ALTA Survey prepared by EG Rud & Sons, Inc. dated July 5, 2022
• Site Improvement Plans including site plan, civil plan set, and landscape plans
prepared by Insites Site Planning and Sunde Engineering dated June 27, 2022
• Architectural Plans prepared by Vantage Architects dated June 21, 2021
• Stormwater Management Plan prepared by Sunde Engineering, PLLC. dated May
17, 2022
• Traffic Impact Analysis prepared by SEH dated July 8, 2022
• Sound Control Plan prepared by Insites dated May 20, 2022; and
WHEREAS, a public hearing was held before the Planning & Zoning Board on August
10, 2022 and the Board recommended approval of the conditional use permit with a 5-0
vote.
NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino
Lakes hereby makes the following findings:
FINDINGS OF FACT
1. The proposed development application has been found to be consistent with the
policies and recommendations of the Lino Lakes Comprehensive Plan including:
a. Land Use Plan.
b. Transportation Plan.
c. Utility (Sewer and Water) Plans.
d. Local Water Management Plan.
e. Capital Improvement Plan.
f. Policy Plan.
g. Natural Environment Plan.
The proposed Kwik Trip motor fuel station with commercial car wash is consistent with
the policies and recommendations of the Lino Lakes Comprehensive Plan including Land
Use, Utility, Local Water Management, Capital Improvement, Policy and Natural
Environmental Plans as detailed in this staff report.
2. The proposed development application is compatible with present and future land
uses of the area.
The proposed Kwik Trip motor fuel station with commercial car wash is compatible with
present and future land uses. The subject site and adjacent parcels are guided and zoned
for residential and commercial use. Adequate landscape screening and buffers have
been provided on site.
3. The proposed development application conforms to performance standards herein and
other applicable City Codes.
A Site & Building Plan Review has been completed and the proposed Kwik Trip motor
fuel station with commercial car wash meets zoning performance standards with
conditions listed in this staff report.
4. Traffic generated by a proposed development application is within the capabilities of
the City when:
a. If the existing level of service (LOS) outside of the proposed subdivision is A
or B, traffic generated by a proposed subdivision will not degrade the level of
service more than one grade.
b. If the existing LOS outside of the proposed subdivision is C, traffic generated
by a proposed subdivision will not degrade the level of service below C.
c. If the existing LOS outside of the proposed subdivision is D, traffic generated
by a proposed subdivision will not degrade the level of service below D.
d. The existing LOS must be D or better for all streets and intersections
providing access to the subdivision. If the existing level of service is E or F,
the subdivision developer must provide, as part of the proposed project,
improvements needed to ensure a level of service D or better.
e. Existing roads and intersections providing access to the subdivision must have
the structural capacity to accommodate projected traffic from the proposed
subdivision or the developer will pay to correct any structural deficiencies.
f. The traffic generated from a proposed subdivision shall not require City street
improvements that are inconsistent with the Lino Lakes Capital Improvement
Plan. However, the City may, at its discretion, consider developer -financed
improvements to correct any street deficiencies.
g. The LOS requirements in paragraphs a. to d. above do not apply to the I-
35W/Lake Drive or I-35E/Main St. interchanges. At City discretion,
interchange impacts must be evaluated in conjunction with Anoka County and
the Minnesota Dept. of Transportation, and a plan must be prepared to
determine improvements needed to resolve deficiencies. This plan must
determine traffic generated by the subdivision project, how this traffic
contributes to the total traffic, and the time frame of the improvements. The
plan also must examine financing options, including project contribution and
cost sharing among other jurisdictions and other properties, that contribute to
traffic at the interchange.
h. The City does not relinquish any rights of local determination.
The proposed Level of Service does not degrade by more than one (1) LOS; therefore, the
traffic generated by the proposed motor fuel station with commercial car wash is within
the capabilities of the City. CSAH23 (Lake Drive) is an A -Minor Reliever road and
CSAH 49 (Hodgson Road) is an A -Minor Expander road. These roads have structural
capacity to handle the traffic volume of the motor fuel station with commercial car wash.
The City does not relinquish any rights of local determination.
5. The proposed development shall be served with adequate and safe water supply.
The proposed Kwik Trip motor fuel station with commercial car wash will connect to an
adequate and safe municipal 16" water supply.
6. The proposed development shall be served with an adequate and safe sanitary sewer
system.
The proposed Kwik Trip motor fuel station with commercial car wash will be served by
an adequate and safe municipal 10 " sanitary sewer system.
7. The proposed development shall not result in the premature expenditures of City
funds on capital improvements necessary to accommodate the proposed development.
No City funds are being expended on this project.
8. The proposed development will not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any persons,
property, or the general welfare because of excessive production of traffic, noise,
smoke, fumes, glare, or odors.
Motor fuel stations and commercial car washes are an allowed use in the GB, General
Business District with an approved conditional use permit. The project will not generate
excessive traffic, noise, smoke, fumes, glare or odors.
9. The proposed development will not result in the destruction, loss, or damage of a
natural, scenic or historic feature of major importance.
There are no known natural, scenic or historic features on the existing site.
BE IT FURTHER RESOLVED by The City Council of Lino Lakes in addition to the
administrative requirements of a conditional use permit, the following specific
performance standards of Section 1007.112 (8) must also be met:
(g) Motor fuel stations provided that:
1. Motor Fuel Facilities. Motor fuel facilities shall be installed in accordance
with State and City standards. Additionally, adequate space shall be provided to access
fuel 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.
2. Architectural Standards
a. As a part of the conditional use permit application, a color illustration
of all building elevations shall be submitted.
A color illustration of all building elevations has been 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.
The architectural appearance and scale of the proposed building and canopy are
complementary and compatible with each other and the other 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 § 1007.043
(2) of this Ordinance.
All sides of the principal and accessory structures have essentially the same or a
coordinated harmonious finish treatment pursuant to City Code Section 1007.043(2) of
this Ordinance. The exterior material of the principal and attached accessory structure
(trash enclosure) is brick.
d. Exterior wall treatments like brick, stone (natural or artificial),
decorative concrete block and stucco shall be used.
The motor fuel station uses both brick and stucco as exterior wall treatments.
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, gray, tan,
beige, brick red, soft green, soft blue, or white.
Exterior materials including the canopy columns consist of earth tone colors. The color
palette consists of earth tone tan, almond, red and green. The canopy columns are wrapped
with brick similar to the building.
f. Ten (10) percent of the building facade may contain contrasting colors.
Contrasting colors shall be those colors not defined as earth tones. The canopy may have
contrasting color bands or accent lines not to exceed an accumulative width of four (4)
inches. The color bands shall not be illuminated.
The motor fueling station has a red accent band that makes up less than ten (10) percent
of the building's facade. The canopy has a color band with an accumulative width of eight
(8) inches which exceeds the allotted accumulative width of four (4) inches and shall be
revised. The color band is not illuminated.
3. 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 thirty (30) feet or more from the front
and/or side lot line, provided that adequate visibility both on -site and off -site is maintained.
The edge of the canopy is 230ft from the Lake Drive lot line, 70ft from the Hodgson Road
lot line, 900 ft from the south lot line and 230 ft from the west lot line, and adequate
visibility both on -site and off -site will be maintained.
b. The canopy shall not exceed eighteen (18) feet in height and must
provide fourteen (14) feet of clearance to accommodate a semi -trailer truck passing
underneath.
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The canopy is 18 feet in height and provides 14 feet of clearance to accommodate a semi-
trailer truck passing underneath.
c. The canopy fascia shall not exceed three (3) feet in vertical height.
The canopy fascia exceeds three (3) feet in vertical height and shall be revised.
d. Canopy lighting shall consist of canister spotlights recessed into the
canopy. No portion of the light source or fixture may extend below the ceiling of the
canopy. Total canopy illumination may not exceed one hundred fifteen (115) foot candles
below the canopy at ground level.
Canopy lighting consist of canister spotlights recessed into the canopy. No portion of the
light source or fixture extends below the ceiling of the canopy. Total canopy illumination
does not exceed 53 foot candles below the canopy at ground level.
e. The architectural design, colors, and character of the canopy shall be
consistent with the principal building on the site.
The architectural design, colors, and character of the canopy are consistent with the
principal building on the site. Both the building and canopy will utilize a color palette of
earth tone red, tan, and white and have brick exterior materials.
f. Signage may be allowed on a detached canopy in lieu of wall signage
on the principal structure, provided that:
The individual canopy sign does not exceed more than twenty (20)
percent of the canopy facade facing a public right-of-way.
The applicant shall revise the canopy plans as noted and submit signage calculations
compliant with the 20% requirement.
g. Canopy posts/sign posts shall not obstruct traffic or the safe operation
of the gas pumps.
The canopy posts/sign posts do not obstruct traffic or the safe operation of the gas
PUMPS.
4. Pump Islands. Pump islands shall comply with the following performance
standards:
a. Pump islands shall be elevated six (6) inches above the traveled surface
of the site.
The pump islands are elevated six (6) inches above the traveled surface of the site.
b. All pump islands shall be set at least thirty (30) feet back from any
property line. Additionally, the setback between the pump islands curb face must be at
least twenty-four (24) feet.
The pump island is 230ft from the Lake Drive property line, 70ft from the Hodgson Road
property line, 900 ft from the south property line and 230 ft fi°om the west property line.
Additionally, the setback between the pump islands curb face is 24 ft.
5. 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 shall be subject to approval of the City
Engineer. Drainage from all fueling areas shall be directed to an oil/grit 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.
Permanent pool storage volume of 884 cubic feet is required and 960 cubic feet is provided.
b. A minimum pool depth of four (4) feet.
Pool depth is eight (8) feet.
A minimum oil containment capacity of eight hundred (800) gallons.
Oil containment capacity is 3,140 gallons.
d. Minimum maintenance/inspection of two (2) times per year and/or
after measurable spill events. A measurable spill shall be defined by the Minnesota
Pollution Control Agency (MPCA). Any measurable spill event must be reported to the
MPCA.
Minimum maintenance/inspection of two (2) times per year shall be conducted and/or after
measurable spill events. Any measurable spill event will be reported to the MPCA.
6. Landscaping.
a. At least twenty-five (25) percent 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.
The lot has 86% open space with trees, plantings and wetlands. Screening, landscaping
and buffer yards have been provided in compliance with City Code Section 1007.043(17).
b. At the boundaries of the lot, the following landscape area shall be
required:
i. From side and rear property lines, an area of not less than ten (10)
feet wide shall be landscaped in compliance with § 1007.043 (17) of this Ordinance.
The motor fuel station is properly landscaped and screened in compliance with City Code
Section 1007.043(17). A 55ft to 235ft wide buffer of heavily wooded area is provided
along the west (side) lot line. A 6ft high privacy fence also exists on the Pine Hollow
development along the west lot line near the residential houses. Single family homes to
the south (rear lot line) are over 800ft from the parking lot and are screened with
additional landscaping and berm.
ii. From all road rights -of -way, an area of not less than fifteen (15) feet
wide shall be landscaped in compliance with § 1007.043 (17) of this Ordinance.
From all road rights -of -way, a 15-35 foot wide landscape buffer is provided in
compliance with City Code Section 1007.043(17).
iii. Where lots abut residentially zoned property, a buffer yard of not
less than twenty (20) feet wide shall be landscaped and screened in accordance with
§ 1007.043 (17) of this Ordinance.
The motor fuel station is properly landscaped and screened in compliance with City Code
Section 1007.043 (17) of this Ordinance. A 55ft to 235ft wide buffer of heavily wooded
area is provided along the west (side) lot line. A 6ft high privacy fence also exists on the
Pine Hollow development along the west lot line near the residential houses. Single
family homes to the south (rear lot line) are over 800ft from the parking lot and are
screened with additional landscaping and berm.
iv. The property owner shall be responsible for maintenance of all
landscaping, including within the boulevard.
The property owner will be responsible for maintenance of all landscaping, including
within the boulevard.
7. Exterior Lighting. 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 § 1007.043 (6) of this Ordinance. 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. Canopy lighting shall only be permitted under the
canopy structure, and shall consist of canister spotlights recessed into the canopy. No
portion of the light source or fixture may extend below the ceiling of the canopy. Total
canopy illumination below the canopy may not exceed one hundred fifteen (115) foot
candles at ground level.
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Canopy lighting consists of canister spotlights recessed into the canopy. No
portion of the light source or fixture extends below the ceiling of the canopy. Total canopy
illumination does not exceed 53 foot candles below the canopy at ground level.
b. Perimeter Lighting. 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.
Lighting at the periphery of the site's parking lot is directed downward, and individual
lights do not exceed five (5) foot candles at ground level.
c. Illumination. Maximum site illumination shall not exceed four -tenths
(4) foot candle at ground level when measured at any boundary line with an adjoining
residential property or any public property.
Maximum site illumination does not exceed four -tenths (4) foot candle at ground level
when measured at any boundary line with an adjoining residential property or any public
property. The west lot line and south lot line, which abut residential zoning, limits
illumination to zero (0.0) foot candles. The site does not abut any public property.
d. Access. Vehicular access points shall create a minimum of conflict
with through traffic movement and shall comply with § 1007.044 of this Ordinance.
Vehicular access points will create a minimum of conflict with through traffic movement
and comply with City Code Section 1007.044. The site plans have been reviewed and
approved by Anoka County Highway Department and the City Engineer with conditions.
8. Circulation and Loading. The site design must accommodate adequate
turning radius and vertical clearance for a semi -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.
The site design accommodates adequate turning radius and vertical clearance for a semi-
trailer truck. Designated loading areas are exclusive of off-street parking stalls and
drive aisles. A site circulation plan, Sheet SPO, Site Circulation Plan, has been provided
and approved.
9. Parking.
a. Parking spaces shall be calculated solely based upon the use(s) and the
square footage of the principal building(s).
Parking spaces have been calculated solely based upon the use and the square footage
of the principal building. Twenty-one (21) parking spaces are required and 42 spaces are
provided.
b. Parking spaces shall be screened from abutting residential properties in
compliance with §1007.043 (17) of this Ordinance.
The parking spaces are properly landscaped and screened in compliance with City Code
Section 1007.043 (17). A 55ft to 235ft wide buffer of heavily wooded area is provided
along the west (side) lot line. A 6ft high privacy fence also exists on the Pine Hollow
development along the west lot line near the residential houses. Single family homes to
the south (rear lot line) are over 800ft from the parking lot and are screened with
additional landscaping and berm.
10. Noise. Public address system shall not be audible at any property line.
Play of music or advertisement from the public address system is prohibited. Noise control
shall be required as regulated in §1007.043 (10) of this Ordinance.
Public address system will not be audible at any property line. Music or advertisement
from the public address system is prohibited and shall not be played. Noise control will
be provided as regulated in City Code Section 1007.043(10). Provisions have made to
control and reduce noise. A Sound Control Plan has been reviewed and approved. The
sound on the site is mitigated by distance and vegetation buffer.
11. Outside Storage, Sales and Service. No outside storage or sales shall be
allowed, except as follows:
a. Public phones may be located on site as long as they do not interrupt
on -site traffic circulation, and are not located in a yard abutting residentially zoned
property.
Public phones will not be provided.
b. Propane sales of 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.
Propane sales of 20 pound capacity tanks are provided and are located outside. Propane
tanks will be secured in a locker that meets all State Uniform Building and Fire Codes.
Large, bulk sale propane tanks must meet all applicable building and
fire code requirements.
Large bulk sale propane tanks are not provided on site.
c. A compressed air service area may be located on site as long as it does
not interrupt on -site traffic circulation.
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A circulation plan has been provided and the compressed air service will not interrupt on -
site traffic circulation. The compressed air service is located near the proposed
commercial car wash exit abutting the east lot line landscape buffer.
d. Accessory outdoor services, sales, or rental as regulated by § 1007.112
(7)(f) of this Ordinance.
Accessory outdoor sales are proposed near the building and under the canopy and are
compliant with City Code Section 1007.112(7)69.
12. Litter Control. The operation shall be responsible for litter control on the
subject property, which is to occur on a daily basis. Trash receptacles shall be provided at
a convenient location on site to facilitate litter control.
The operation is responsible for litter control on the subject property, and will occur on a
daily basis. Trash receptacles will be provided at convenient locations on site to facilitate
litter control.
13. Additional Stipulations. 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.
BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby
approves the conditional use permit for the Kwik Trip motor fuel station subject to the
following conditions:
1. A Site Improvement Performance Agreement shall be executed.
2. A Permanent Drainage, Utility and Roadway Easement shall be granted to the
City and recorded.
3. A Public Trail Easement with exhibit shall be granted to the City and recorded.
4. The public trail extending from Sandhill Drive shall be developer installed and
City maintained.
5. A Wetland Buffer Declaration and Conservation Easement in favor of RCWD and
the City shall be recorded.
6. A Declaration for Maintenance of Stormwater Facilities in favor of RCWD and
the City shall be recorded.
7. A separate sign permit application shall be submitted and approved by the City
prior to signage installation.
8. The development shall be in compliance with the approved plans and conditional
use permit criteria at all times.
9. The commercial car wash hours of operation shall be 7:00 a.m. to 9:00 p.m.
BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby
approves the conditional use permit subject to the following requirements being
addressed prior to issuance of a building permit:
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1. All comments from the City Engineer letter dated August 3, 2022 shall be
addressed.
2. All comments from the Environmental Coordinator letter dated August 1, 2022
shall be addressed.
a. Staff and the applicant will work together to locate these shrubs and trees
in lieu of shrubs in places that provide additional screening to the west.
3. The applicant shall consult with SHPO prior to site disturbance. Any study or
mitigation as directed by SHPO shall be completed in accordance with SHPO
guidance.
4. The applicant shall draft the following documents for City review and approval
prior to recording:
a. Permanent Drainage, Utility and Roadway Easement with exhibit
including drainage and utility easements at least 10 feet wide along the lot
lines, stormwater pond 100 year HWL, and delineated wetland boundary
b. Public Trail Easement with exhibit.
c. Wetland Buffer and Conservation Easement with exhibit.
d. Declaration for Maintenance of Stormwater Facilities with exhibit
5. Sheet SPI, Site Dimensional Plan:
a. Turn lane arrows on the driveways at Lake Drive and Hodgson Road shall
be provided.
b. A minimum 8.5ft wide trail or 5ft wide sidewalk shall be installed from
the Lake Drive and Hodgson Road intersection to the parking lot.
c. A minimum 8.5 ft wide trail shall be constructed from Sandhill Drive
north to the parking lot between the stormwater pond and wetland.
d. The drive aisle between the car wash stacking area and curb shall be a
minimum of 24 ft wide.
e. The text on the underground fuel tanks is backwards and shall be revised.
f. The "layout base line" shall be removed and all measurements shall be
made from the "proposed ROW line".
g. Under "Parking Requirements":
i. Include retail square footage used in calculation.
ii. The "Parking Provided" shall be revised to show the correct
number of spaces provided.
h. The Building Heights calculations do not match the architectural plan
sheets and shall be revised.
i. The note under Building Setbacks -Front shall be revised from 30ft to 40ft.
j. Add the building footprint square footage to the plan sheet.
6. Sheet SP1.1, Site Keynote Plan:
a. Show location of #11, Bike Rack.
7. Sheet SP2, Grading Plan:
a. The berm along Hodgson Road shall not extend into the road right-of-way.
8. Sheet SP4.0, Utility Plan:
a. An additional fire hydrant shall be installed along the curb near the car
wash entrance on the northside of the entrance from Lake Drive.
9. Sheet SPA, Site Plan with Aerial:
a. Add scale.
10. Sheet A001, Store Elevation:
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a. Add scale.
11. Sheet A002, Canopy Elevation:
a. The 3ft canopy measurement does not appear to be correct.
b. The canopy fascia shall not exceed three (3) feet in vertical height and
shall be revised.
c. Signage may be allowed on a detached canopy in lieu of wall signage on
the principal structure, provided that the individual canopy sign does not
exceed more than twenty (20) percent of the canopy facade facing a public
right-of-way.
d. The canopy color band shall not exceed four (4) inches in width and shall
be revised.
Adopted by the Council of the City of Lino Lakes this 26th day of September, 2022.
The motion for the adoption of the foregoing resolution was introduced by Councilmember
Stoesz and was duly seconded by Councilmember Ruhland and upon a vote being taken
thereon, the following voted in favor thereof: Ruhland, Stoesz, Cavegn, Rafferty
The following voted against same: Lyden
ATTEST:
Jul' Bartell, City Cl rk
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kz
Ro afferty, M yor