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HomeMy WebLinkAbout2011-095 Council Resolution Council MemberRafferty introduced the following resolution and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 11-95 AMENDING THE EXISTING CONDITIONAL USE PERMIT FOR A MOTOR FUEL STATION AT 7997 LAKE DRIVE TO ALLOW INSTALLATION OF A NEW CANOPY AND PUMPS WHEREAS, the City has received an application for an amendment to an existing Conditional Use Permit for Motor Fuel Station on property currently described to-wit: THAT PRT OF NW1/4 OF SEC 9 TWP 31 RGE 22 LYG NWLY OF CSAH NO 23, AKA OLD US HWY NO 8, EX THAT PRT THEREOF DESC AS FOL: BEG AT INTER OF W LINE OF SD 1/4 & NWLY RAN LINE OF CSAH NO 23, TH N ALG SD WLINE 329.14 FT, TH N 89 DEG 12 MIN 22 SEC E 173.34 FT TO SD NWLY R/W LINE, TH S 27 DEG 36 MIN W ALG SD NWLY RAN LINE 374.11 FT TO POB, EX RDS, SUBJ TO EASE OF REC and WHEREAS, at their meeting on September 14, 2011, the Planning & Zoning Board conducted a public hearing and recommended approval of the amendment to the existing conditional use permit subject to the conditions listed in the meeting minutes; and WHEREAS, the proposed conditional use permit amendment meets the requirements of the City's zoning ordinance and subdivision ordinance subject to certain conditions of approval. NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves the conditional use permit amendment based on the findings in the staff report and subject to the following conditions of approval: WHEREAS, the City Council makes the following FINDINGS: Finding 1. Section 2, Subdivision 2 of the zoning ordinance includes standards for all conditional use permits. The proposed conditional use permit amendment complies with these standards as follows: Is a. The proposed development application has been found to be 0 consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan including: Land Use Plan, Transportation Plan, Utility (Sewer and Water) Plans, Local Water Management Plan, Capital Improvement Plan, Policy Plan, Natural Environment Plan. • The site is guided and zoned for commercial uses. b. The proposed development application is compatible with present and future land uses of the area. • The site is guided and zoned for commercial uses, but we must be aware that it abuts a residential area on the west. With adherence to the recommended conditions of approval, the application complies with code requirements and is compatible with other land uses. c. The proposed development application conforms to performance standards herein and other applicable City Codes. • The site is guided and zoned for commercial uses. With adherence to the recommended conditions of approval, the application will conform to performance standards. City code requirements and policies apply and will be enforced. d. Traffic generated by a proposed development application is within the capabilities of the City when (specific levels of service listed in the ordinance are met): • The site operated as a motor fuel station for several decades without traffic generation problems. The new pumps will not change traffic generation. The Lake Drive/Main Street intersection will be improved and the intersection will be signalized in year 2012. The proposed motor fuel use will not interfere with those plans. Access is always an important issue. The site's driveway on Lake Drive is being moved to the south to align with the bank driveway. This benefits public safety by reducing conflicts with traffic from Main Street turning right onto Lake Drive and the conflicts created by offset driveways. e. The proposed development shall be served with adequate and safe water supply. • The site is connected to municipal water and sanitary sewer. f. The proposed development shall be served with an adequate and safe sanitary sewer system. • The site is connected to municipal water and sanitary sewer. g. The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. • Improvements are planned for the Lake Drive/Main Street intersection following the November 2010 referendum to provide funding for the improvements. The proposed motor fuel use did not create the need for those improvements and will not interfere with those plans. h. 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. • The site operated as a motor fuel station for several decades. Lighting and noise has been considered, including hours of operation. (See canopy discussions below.) i. Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. • No such features exist on or near the site. Finding 2. Section 7, Subdivisioin 3 of the zoning oridnance includes conditions for Motor Fuel Stations in the General Business zone. The proposed conditional use permit amendment complies with these standards as follows: . 7. Motor fuel stations provided that.- a. 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. • Three underground fuel tanks will be installed as well as the pump islands. The shape and location of the site poses some circulation challenges. A previous plan was unworkable but the new plan is much better. Customer vehicles can circulate well. The truck turning radii submitted on August 30 shows adequate truck circulation for the Lake Drive access driveway b. Architectural Standards. 1) As a part of the conditional use permit application, a color illustration of all building elevations shall be submitted. 2) 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. 0 3) All sides of the principal and accessory structures are to have essentially the same or a coordinated harmonious finish treatment pursuant to Section 3, Subd. 4.8 of this Ordinance. 4) Exterior wall treatments like brick, stone (natural or artificial), decorative concrete block and stucco shall be used. 5) 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. 6) 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. • Section 3, Subd. 4.13 establishes architectural standards for commercial buildings, including building materials and colors. The same standards are reiterated in the motor fuel station requirements, listed above. The existing green metal of the Mansard roof on the principal building will be changed to yellow to match the new canopy. No other exterior alterations are proposed for the building. The canopy complies with the requirements. c. 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: 1) 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. 2) 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. 3) The canopy fascia shall not exceed three (3) feet in vertical height. • The application meets these requirements. 4) 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. 1 • The submitted photometric plan shows that canopy illumination, including the recessed canopy light model, BetaLED CAN-304-PS-RS, complies with the requirements. The City should consider potential impacts of the bright lighting below a canopy and the proximity to residential properties. Submitted information states that the store business hours will be 5:00 a.m. to 11:00 p.m. Outside of these hours, the fuel pumps will operate but canopy lighting will be reduced to a night level which will be about 10% of illumination. This will provide enough light to dispense fuel. (Note: A compact disc with electronic copies of the submittals includes a different lighting fixture: A Lithonia KACM surface mount model. It is not clear what this is intended for, but a surface mounted fixture is not acceptable.) 5) The architectural design, colors, and character of the canopy shall be consistent with the principal building on the site. • We received a new elevation for a canopy. The canopy material is yellow metal. The supporting columns will be stucco with brick bases. The color and the brick will be consistent with the principal building. 6) Signage may be allowed on a detached canopy in lieu of wall signage on the principal structure, provided that: a) The individual canopy sign does not exceed more than twenty (20) percent of the canopy facade facing a public right-of-way. • There currently is no signage on the convenience store part of the building because the store space has been vacant. Canopy signage must be included in the total amount of wall signage allowed. The canopy design includes only a logo of approximately 6 sf on each face. Future signage will be reviewed through sign permits. 7) Canopy posts/sign posts shall not obstruct traffic or the safe operation of the gas pumps. • The canopy posts are not problems, the canopy location overall is an issue. d. Pump Islands. Pump islands shall comply with the following performance standards: 1) Pump islands shall be elevated six (6) inches above the traveled surface of the site. 2) 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 islands are properly elevated and set back both from each other and from property lines. e. 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: 1) A minimum of four hundred (400) cubic feet of permanent pool storage capacity per acre of drainage area. 2) A minimum pool depth of four(4) feet. 3) A minimum oil containment capacity of eight hundred (800) gallons. 4) 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. • The submitted plans include an oil/grit separator. Plans received on September 1 include a trench drain that directs runoff to the separator. • The plan includes an infiltration basin. The site currently drains directly into the road ditches. With the increase in impervious surface, it's a good idea to infiltrate some runoff. As with any new stormwater facility, the City requires an agreement that the basin be maintained. • No Rice Creek Watershed permit is required for this project. f. Landscaping. 1) 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. 2) At the boundaries of the lot, the following landscape area shall be required: 40 a) From side and rear property lines, an area of not less than ten (10) feet wide shall be landscaped in compliance with Section 3, Subd. 4.Q of this Ordinance. b) From all road rights-of-way, an area of not less than fifteen (15) feet wide shall be landscaped in compliance with Section 3, Subd. 4.Q of this Ordinance. c) 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 Section 3, Subd. 4.Q of this Ordinance. d) The property owner shall be responsible for maintenance of all landscaping, including within the boulevard. • The building has existed and functioned for several decades. However, additional landscaping is appropriate with a new application and a landscape plan has been submitted. The City Forester has reviewed the plan. The mix of plantings for the infiltration basin must be specified and a five-year maintenance plan must be submitted for the native plantings. g. 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 Section 3, Subd. 4.F 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: 1) 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. 2) 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. 3) 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. • The submitted photometric plan shows that canopy illumination and the rest of the site comply with these requirements. 4) Access. Vehicular access points shall create a minimum of conflict with through traffic movement and shall comply with Section 3, Subd. 5 of this Ordinance. i h. 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. • Truck circulation is vital to safe and efficient movement on the site. The truck turning radii submitted on August 30 shows adequate circulation for the Lake Drive access driveway. L Parking. 1) Parking spaces shall be calculated solely based upon the use(s) and the square footage of the principal building(s). • The zoning ordinance lists the minimum number of parking stalls for different uses. The ordinance does have a separate parking requirement for motor fuel stations but the convenience store must be calculated as retail, which is a higher requirement. Either way, "parking at fuel pumps shall not be allowed to satisfy the parking requirements." The table shows the calculations. Zoning Ordinance Parking Requirement Required Stalls convenience 1 stall per 200 sf using floor plan 2458 sf 12 store liquor 1 stall per 200 sf using 90% of footprint 1179 sf 6 restaurant 10 stalls per 1000 sf of dining room 588 sf 6 + 1 stall per employee of max. shift 3 required total 27 provided on site 29 2) Parking spaces shall be screened from abutting residential properties in compliance with Section 3, Subd. 4.Q of this Ordinance. • The new landscaping provides screening of the northwest parking area. The southern area abuts commercial property. j. 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 Section 3, Subd. 4.J of this Ordinance. • Because residential property abuts the site, this requirement is an important consideration. The public address system will be limited to an intercom system and will not play music or advertising. k. Outside Storage, Sales and Service. No outside storage or sales shall be allowed, except as follows: 1) 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. 2) 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. Large, bulk sale propane tanks must meet all applicable building and fire code requirements. 3) A compressed air service area may be located on site as long as it does not interrupt on-site traffic circulation. 4) Accessory outdoor services, sales, or rental as regulated by Section 7, Subd. 3.G.6 of this Ordinance. • These are ongoing operation issues that will apply. 1. 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. • These are ongoing operation issues that will apply. m. 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. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves a Conditional Use Permit Amendment for the existing Motor Fuel Station subject to the following conditions of approval: Conditions of Approval All conditional use requirements of Section 2, Subd. 2 of the Zoning Ordinance and for motor fuel stations listed in Section 7, Subd. 3.H.7, shall apply. In addition, the following conditions should be included in the conditional use permit: 1. The site shall comply with all MPCA requirements for underground fuel tanks and other elements. 2. Applicant shall submit a complete deed for the easement for the infiltration basin 10 prior to commencing site work. 3. A site performance agreement shall be completed and financial securities submitted prior to the commencement of site work. 4. A stormwater facility maintenance agreement for the infiltration basin shall be completed prior to the commencement of site work. 5. The canopy light model shall be the recessed CAN-304-PS-RS as submitted and shown on the lighting photometric plan. 6. Canopy illumination level shown on the photometric plan shall be allowed between 5:00 a.m. to 11:00 p.m. Outside of these hours, the fuel pumps may operate but the canopy lighting level shall be significantly reduced to approximately 10% of full illumination. 7. The public address system shall be limited to an intercom system and shall not play music or advertising. 8. Any video advertising devices integrated into the fuel pumps shall be inaudible from the surrounding properties and rights of way. 9. Any permits required by Anoka County, such as for work in the right of way, shall be obtained prior to the commencement of site work. 10.An infiltration basin planting plan, including type size and location of shrubs and ground cover, must be submitted and approved prior to commencing landscaping. 11.The canopy may include a band of contrasting color so long as it does not exceed 4 inches in height. Illumination of the band is prohibited. 12.The underground tanks must be located outside th2r�, M age and utility easement for the infiltration basin. C-i;ff—Reine r �� II Julia a Bartell, Citf C Adopted by the Lino Lakes City Council this 10th day of October, 2011. The motion for the adoption of the foregoing resolution was duly seconded by Council Member RnPSPr and upon vote being taken thereon, the following voted in favor thereof: Rafferty, Roeser, O'Donnell, Reinert The following voted against same: none (Absent - Gallup) Whereupon said resolution was declared duly passed and adopted. AGENDA ITEM 6Ai STAFF ORIGINATOR: Paul Bengtson CC MEETING DATE: October 10, 2011 TOPIC: Consider Resolution Number 11-95 Conditional Use Permit Amendment Motor Fuel Station, 7997 Lake Drive BACKGROUND The site at the southwest corner of Lake Drive and Main Street had gas pumps for many years. The canopy, pumps, and underground storage tanks were removed in 2009 and the convenience store space has been vacant since then. The property owner wants to install a new canopy with gas pumps and fuel tanks. The location of the canopy and pumps on the site will differ from the previously approved layout. This requires amending the existing motor fuel station conditional use permit. An amendment to an existing conditional use permit requires the same process as a new one. The installation of a new canopy, fuel pumps, and underground storage tanks will require excavation and repaving of the site, including an increase in impervious area. The Lake Drive access driveway will be moved south and align with the bank driveway on the other side of Lake Drive. There will be no structural changes to the existing building. ANALYSIS History The site has had motor fuel pumps for decades. A building permit for fuel pumps and storage tanks was issued in 1978. The 1971 zoning ordinance lists motor fuel station as a permitted use. The 1982 zoning ordinance lists motor fuel station as a conditional use. Existing uses were considered to have a conditional use permit (CUP) that allowed them to continue as they were at the time. Structural alteration, enlargement, intensification of use required an amendment to the CUP. This was observed when an application in 1999 to increase the number of fuel pumps and enlarge the canopy was processed as an amendment to a CUP. (The application was withdrawn.) In fact, this same approach remains and is required by our current zoning ordinance. We are considering the current application as an amendment to a CUP. Lake Main Motor Fuel CUP Page 2 Land Use and Zoning Location Existing Use Guided Land Use Existing Zoning 2002 Comp Plan 2030 Comp Plan Site retail & Commercial Commercial General restaurant Business North bar/restaurant Commercial Commercial General Business South office Commercial Commercial General Business East vacant Commercial Mixed Use General Business West residential Low Density Low Density Single Family Sewered Res. Residential Residential A motor fuel station requires a CUP in a General Business zoning district. This application might have been considered a new CUP, since the pumps have been gone for a while. However, the process and review issues are similar, so the technical distinction is not a concern. Either way, we should establish and document what is acceptable for the motor fuel use on the site. This provides a good public record that benefits both the public and the property owner. The site compares with the General Business zone standards as shown below. Required Site Lot size minimum 20,000 sf 55,600 sf Lot width minimum 100, 200+' Setbacks: - building principal accessory principal accessory from arterial street 40' 67' 40' rear lot line 30' 5' 39' 145' side lot line 10, 10, 60' 110, residential district 35' 39' -parking from street 15' 15' rear lot line 10, 39' side lot line 10, 10, * CUP: motor fuel 30' 46' front canopy 40' side setback from front or side lot line Building height 45' maximum 18' motor fuel canopy 18' 18' height Impervious surface 75% maximum 68% Lake Main Motor Fuel CUP Page 3 Intersection Signalization and Right Of Way Lino Lakes held a referendum in 2010 on signalizing two intersections, including Lake Drive and Main Street. The referendum passed and plans are being prepared. Based on preliminary analyses there may be minimal effect on this site. It is possible that some additional right of way will be required along Main Street, perhaps five feet, but it isn't clear that will be needed. Conditional Use Permit The new canopy, pumps, signage, site layout, and other elements are discussed below under the respective CUP conditions. There are general criteria for all CUPs and specific conditions that apply to motor fuel stations. General CUP Criteria: Section 2, Subd. 2.13.7. of the zoning ordinance lists the general criteria that apply to all CUPs. The Planning and Zoning Board shall recommend a conditional use permit and the Council shall order the issuance of such permit only if it finds the following criteria have been met: a. The proposed development application has been found to be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan including: Land Use Plan, Transportation Plan, Utility(Sewer and Water) Plans, Local Water Management Plan, Capital Improvement Plan, Policy Plan, Natural Environment Plan. • The site is guided and zoned for commercial uses. b. The proposed development application is compatible with present and future land uses of the area. • The site is guided and zoned for commercial uses, but we must be aware that it abuts a residential area on the west. With adherence to the recommended conditions of approval, the application complies with code requirements and is compatible with other land uses. c. The proposed development application conforms to performance standards herein and other applicable City Codes. • The site is guided and zoned for commercial uses. With adherence to the recommended conditions of approval, the application will conform to performance standards. City code requirements and policies apply and will be enforced. d. Traffic generated by a proposed development application is within the capabilities of the City when (specific levels of service listed in the ordinance are met): • The site operated as a motor fuel station for several decades without traffic generation problems. The new pumps will not change traffic generation. The Lake Drive/Main Street intersection will be improved and the intersection will be signalized in year 2012. The proposed motor fuel use will not interfere with those plans. Access is always an important Lake Main Motor Fuel CUP Page 4 to issue. The site's driveway on Lake Drive is being moved to the south to align with the bank driveway. This benefits public safety by reducing conflicts with traffic from Main Street turning right onto Lake Drive and the conflicts created by offset driveways. e. The proposed development shall be served with adequate and safe water supply. f. The proposed development shall be served with an adequate and safe sanitary sewer system. • The site is connected to municipal water and sanitary sewer. g. The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. • Improvements are planned for the Lake Drive/Main Street intersection following the November 2010 referendum to provide funding for the improvements. The proposed motor fuel use did not create the need for those improvements and will not interfere with those plans. h. 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. • The site operated as a motor fuel station for several decades. Lighting and noise has been considered, including hours of operation. (See canopy discussions below.) i. Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. No such features exist on or near the site. Motor Fuel CUP Conditions: Section 7, Subd. 3.1-1. of the zoning ordinance lists the conditional uses in the General Business zone. Specific conditions for a motor fuel station follow, along with discussion of how the project application compares to them 7. Motor fuel stations provided that: a. 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. • Three underground fuel tanks will be installed as well as the pump islands. The shape and location of the site poses some circulation challenges. A previous plan was unworkable but the new plan is much better. Customer Lake Main Motor Fuel CUP Page 5 vehicles can circulate well. The truck turning radii submitted on August 30 shows adequate truck circulation for the Lake Drive access driveway b. Architectural Standards. 1) As a part of the conditional use permit application, a color illustration of all building elevations shall be submitted. 2) 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. 3) All sides of the principal and accessory structures are to have essentially the same or a coordinated harmonious finish treatment pursuant to Section 3, Subd. 4.8 of this Ordinance. 4) Exterior wall treatments like brick, stone (natural or artificial), decorative concrete block and stucco shall be used. 5) 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. 6) 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. • Section 3, Subd. 4.13 establishes architectural standards for commercial buildings, including building materials and colors. The same standards are reiterated in the motor fuel station requirements, listed above. The existing green metal of the Mansard roof on the principal building will be changed to yellow to match the new canopy. No other exterior alterations are proposed for the building. The canopy complies with the requirements. c. 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: 1) 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. 2) 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. 3) The canopy fascia shall not exceed three (3) feet in vertical height. • The application meets these requirements. 4) 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. • The submitted photometric plan shows that canopy illumination, including the recessed canopy light model, BetaLED CAN-304-PS-RS, complies with the requirements. Lake Main Motor Fuel CUP Page 6 The City should consider potential impacts of the bright lighting below a canopy and the proximity to residential properties. Submitted information states that the store business hours will be 5:00 a.m. to 11:00 p.m. Outside of these hours, the fuel pumps will operate but canopy lighting will be reduced to a night level which will be about 10% of illumination. This will provide enough light to dispense fuel. (Note: A compact disc with electronic copies of the submittals includes a different lighting fixture: A Lithonia KACM surface mount model. It is not clear what this is intended for, but a surface mounted fixture is not acceptable.) 5) The architectural design, colors, and character of the canopy shall be consistent with the principal building on the site. • We received a new elevation for a canopy. The canopy material is yellow metal. The supporting columns will be stucco with brick bases. The color and the brick will be consistent with the principal building. 6) Signage may be allowed on a detached canopy in lieu of wall signage on the principal structure, provided that: a) The individual canopy sign does not exceed more than twenty(20)percent of the canopy facade facing a public right-of-way. • There currently is no signage on the convenience store part of the building because the store space has been vacant. Canopy signage must be included in the total amount of wall signage allowed. The canopy design includes only a logo of approximately 6 sf on each face. Future signage will be reviewed through sign permits. 7) Canopy posts/sign posts shall not obstruct traffic or the safe operation of the gas pumps. • The canopy posts are not problems, the canopy location overall is an issue. d. Pump Islands. Pump islands shall comply with the following performance standards: 1) Pump islands shall be elevated six (6) inches above the traveled surface of the site. 2) 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 islands are properly elevated and set back both from each other and from property lines. e. 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: Lake Main Motor Fuel CUP Page 7 1) A minimum of four hundred(400) cubic feet of permanent pool storage capacity per acre of drainage area. 2) A minimum pool depth of four(4) feet. 3) A minimum oil containment capacity of eight hundred(800) gallons. 4) Minimum maintenancelinspection 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. • The submitted plans include an oil/grit separator. Plans received on September 1 include a trench drain that directs runoff to the separator. • The plan includes an infiltration basin. The site currently drains directly into the road ditches. With the increase in impervious surface, it's a good idea to infiltrate some runoff. As with any new stormwater facility, the City requires an agreement that the basin be maintained. • No Rice Creek Watershed permit is required for this project. f. Landscaping. 1) 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. 2) At the boundaries of the lot, the following landscape area shall be required: a) From side and rear property lines, an area of not less than ten (10) feet wide shall be landscaped in compliance with Section 3, Subd. 4.Q of this Ordinance. b) From all road rights-of-way, an area of not less than fifteen (15) feet wide shall be landscaped in compliance with Section 3, Subd. 4.Q of this Ordinance. c) 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 Section 3, Subd. 4.Q of this Ordinance. d) The property owner shall be responsible for maintenance of all landscaping, including within the boulevard. • The building has existed and functioned for several decades. However, additional landscaping is appropriate with a new application and a landscape plan has been submitted. The City Forester has reviewed the plan. The mix of plantings for the infiltration basin must be specified and a five-year maintenance plan must be submitted for the native plantings. g. 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 Section 3, Subd. 4.F 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: 1) 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. Lake Main Motor Fuel CUP Page 8 Total canopy illumination below the canopy may not exceed one hundred fifteen (115) foot candles at ground level. 2) 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. 3) 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. • The submitted photometric plan shows that canopy illumination and the rest of the site comply with these requirements. 4) Access. Vehicular access points shall create a minimum of conflict with through traffic movement and shall comply with Section 3, Subd. 5 of this Ordinance. h. 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. • Truck circulation is vital to safe and efficient movement on the site. The truck turning radii submitted on August 30 shows adequate circulation for the Lake Drive access driveway. i. Parking. 1) Parking spaces shall be calculated solely based upon the use(s) and the square footage of the principal building(s). • The zoning ordinance lists the minimum number of parking stalls for different uses. The ordinance does have a separate parking requirement for motor fuel stations but the convenience store must be calculated as retail, which is a higher requirement. Either way, "parking at fuel pumps shall not be allowed to satisfy the parking requirements." The table shows the calculations. Zoning Ordinance Parking Require Requirement d Stalls convenience 1 stall per 200 sf using floor plan 2458 sf 12 store liquor 1 stall per 200 sf using 90% of 1179 sf 6 footprint restaurant 10 stalls per 1000 sf of dining room 588 sf 6 + 1 stall per employee of max. shift 3 required total 27 provided on 29 site It 2) Parking spaces shall be screened from abutting residential properties in compliance with Section 3, Subd. 4.Q of this Ordinance. Lake Main Motor Fuel CUP Page 9 • The new landscaping provides screening of the northwest parking area. The southern area abuts commercial property. j. 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 Section 3, Subd. 4.J of this Ordinance. • Because residential property abuts the site, this requirement is an important consideration. The public address system will be limited to an intercom system and will not play music or advertising. k. Outside Storage, Sales and Service. No outside storage or sales shall be allowed, except as follows: 1) 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. 2) 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. Large, bulk sale propane tanks must meet all applicable building and fire code requirements. 3) A compressed air service area may be located on site as long as it does not interrupt on-site traffic circulation. 4) Accessory outdoor services, sales, or rental as regulated by Section 7, Subd. 3.G.6 of this Ordinance. • These are ongoing operation issues that will apply. 1. 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. o These are ongoing operation issues that will apply. m. 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. Ground Sign A monument sign is planned for the northwest corner of the site, along Lake Drive. It is shown as 7' 10" tall and 8' wide. It will display the Shell logo, fuel prices, and a dynamic display area of approximately 8 square feet. This falls well under the maximum allowable dynamic display sign area of 20 sf. All signs require sign permits. 19 Lake Main Motor Fuel CUP Page 10 Conditions of Approval All conditional use requirements of Section 2, Subd. 2 of the Zoning Ordinance and for motor fuel stations listed in Section 7, Subd. 3.1-1.7, shall apply. In addition, the following conditions should be included in the conditional use permit: 1. The site shall comply with all MPCA requirements for underground fuel tanks and other elements. 2. Applicant shall submit a complete deed for the easement for the infiltration basin prior to commencing site work. 3. A site performance agreement shall be completed and financial securities submitted prior to the commencement of site work. 4. A stormwater facility maintenance agreement for the infiltration basin shall be completed prior to the commencement of site work. 5. The canopy light model shall be the recessed CAN-304-PS-RS as submitted and shown on the lighting photometric plan. 6. Canopy illumination level shown on the photometric plan shall be allowed between 5:00 a.m. to 11:00 p.m. Outside of these hours, the fuel pumps may operate but the canopy lighting level shall be significantly reduced to approximately 10% of full illumination. 7. The public address system shall be limited to an intercom system and shall not play music or advertising. 8. Any video advertising devices integrated into the fuel pumps shall be inaudible from the surrounding properties and rights of way. 9. Any permits required by Anoka County, such as for work in the right of way, shall be obtained prior to the commencement of site work. 10.Plantings in the infiltration basin must be specified and a five-year maintenance plan, acceptable to the City and prepared by a qualified firm, must be submitted for the native plantings prior to commencing site work. RECOMMENDATION 1. Adopt Resolution Number 11-95, Amending the existing conditional use permit for a motor fuel station at 7997 Lake Drive, with the conditions listed. Lake Main Motor Fuel CUP Page 11 This report is based on the following information: • Certificate of Survey, rec'd August 22, 2011 • Site Plan, August 22, 2011, rec'd August 22, 2011 • Grading, Drainage & Erosion control Plan, dated and rec'd September 1, 2011 • Utility Plan and Details, dated and rec'd September 1, 2011 • Landscape Plan and Details, rec'd August 22, 2011 • Photometric Plan, June 16, 2011, rec'd August 22, 2011 • Canopy Luminaire Specifications for CAN-304-PS-RS, rec'd August 22, 2011 • Building, Canopy, and Monument Sign Elevations, August 16, 2011, rec'd August 22, 2011 • Proposed Floor Plan, 2/3/2011, rec'd August 22, 2011 • Turning Movement Exhibit, August 26, 2011, rec'd August 30, 2011 • Supplemental Information Memo, August 22, 2011, rec'd August 22, 2011 • Kleerwater Oil/Water Separator Specifications, rec'd August 22, 2011 • Draft Legal Description for Easement (Infiltration Basin), rec'd August 22, 2011 • E-mail from Rice Creek Watershed District, March 4, 2011, rec'd August 22, 2011 Site Location e � • F_T r—w- tive �� a Sthe iV W..A Tr m z v rw 1 t n s TM �F * � S ✓ J�.. \ �{ lei r.. � � y... ., k� 2030 Comprehensive Plan Future Land Use Map 41. MIXED USE x a W DE ; SITY E 31DENTIAL I Main Street LOW DENS TY lij,j�llllllllllll!I� � � ��d� �U�I,I�„ REST ENT[ L MIXED USE ,1PIT 9 fake Drive p t 4 i I I I Zoning Main Street 3 f f 9 ake Dri a a 0 CERTIFICATE OF SURVEY --for-SAM PROPERTIES OF LINO LAKES,LLC -of-7997 LAKE DRIVE NE LINO LAKES,MN 55014 -— — — — — — — — — — — (KAIt. STREET) xc....n...n FILE COPYFLAT -A �p x PROPERTY DESCRIPTION: er perM olesui Nafn.•at Owna al 5eclyr. awnaMb J1.Ranpe.22 Anwe CAw.. ID h 89o,y,9,�tx',49"R: 266.9) C°wnly. nn o ly+q natnwealerly a f IyRSlnle my Nlgbw No.2J.dse =1 oa OE V S Nl9hway No.8,estop,Intl part meredl tleaaLM av:ollon: ay B^ 1 Ne mlereec bn of!hw wnf Rn 1 veld NenhweeM 0.rerlr pn .r - _' � �«e a,. a � IF Ay Ibe of Coun!y Slate a d��wy Nv ZY. 'Y` '� e.w a ME t J.3e JZ 1lxotd nalhweslady 9lgNfee¢waY zmc Ihmce2> J/✓ •` ._,,,•.,ll A�} Sv ] 9n 1G in WM.den9 eed nafMilMy Xgirf of wvy / r.. '� wu w 4 ��' l $" �" >b -1 p 1.1 Esc•pl rovda. 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"" t (/ .m.a DENOTES E%Si xG SPOT—.1KW i •� �! },` 1 I ���22�Dl i T OTEB 3CN 5 5'wW / I WYCIF 6/N(► o DENDTEs TnEPNmRE eEDrsT.a. fW'w�+�S p DENOTES ELECTR C PEDESLAErA(1ER r t DENOTES OReYdAGE CU—I r+ It DEN— =.....x.,...,-.m-•t% px .w. J/J/ , I/ DENOTES E%STWC CONLOURS s j'` v _ • f I .©. DENOTES CONCRETE SURrACE "••- •�. f r O DEMOTES•LUMINOUS Tv'—CE y Amy...•,.."O.� }s 1 �. r x n I ! DENOTES 1REE(SPECIES ANO CAIJPER) _ 71i• _ " r ~ •" pqr.wow ',� I L ! `. -..._.�R9.;72'19-N ....._--•p 1Fi97..�..._.. �..} ,.r I ANOKA COIAJTT.RONESOTA a•r•�rf I J1.an •.r I EJ I a0 SCALE) � hereby c coot cots svrroy.wan rap I ( or wt A.Woa prepared by me w under / I my direct f the iaron and f otr om I E 6_ Ron 8E SONS, INC. : , n A, e a pod f any RWgf to ae Su n Mnew NORTH Ago"� / the mWa ae low star.ay urneaam. / Professional Land Surveyors GRAPHIC SCALE WWW..9rvdapm 6776 Lake.Drive NE,Suite 110 Lino Lakes,MN 55014 Data: 1=r=srrp kenae No,a15]8 MST TN.(651)361-9200 Fox(651)361.8701 LINO LAKES CONVENIENCE STORE DEVELOPER: ENGINEER: O eN.up owml,w.fr=,.ma"1 �w�P. l�ilala SITE PLAN SAM PROPERTIES OF PLOWE ENGINEERING,INC. Fe=..lp LINO LAKES,LLC 6776 LAKE DR �"'°s1°""'°"fi°°'ranari°I LINO LAKES,MN 55014 .' .�—..�'.r'.x OW 61 UN Wiles,manna ota CHARLES W. PLOWE,P.E. O x mw.a a�! PH: (651)361-8210 FAX: (651)361-8701 VICINITY MAP C wpm_A46R1t r WWL'-R/W It Nb 17 ° ON aNURR nun PROPERTY DESCRIPTION That pert of Ne NttNrm1 Wartw of SeNm 9,Township 31.Rmp 22,Arolw County,MMnawta lyi,9 norNw tally of County Stote Aid Ni111, YNa.23.dap It—m Old U.S N91iw%Ne,S.except lhot part lh- f desabed m£Nawe E By=y al th Interw oe of Ibw west li- f w NartM Dooms and Mid rorM mteNY 9ne of Camly Stale AM Nqh%No.23:thmoe nwthe y dm9 mid wmI line 329.14 feel:tllmpe Nerth 89 deW—12.'l,.tm 22 ds Eosl 173.34 feet to sold northve My right of wy ifne:lhae,n WRR ONNPY• {1".. W _.Y ota1 T T co,4A C! SmN 7,7 d"w.36 minutm Wml,dare row nerihwmtedy right el woy Ilna.7 .11-1,to the pobt of hegwneg. J mpra9ll rAaacl s� Excpt roods. S j-to eo.em W of —d. Q Mwwdv,asap Ne �''1 rtp .+f / O EXISTING ZONING LLJ j@' d GENERAL BUSINESS ,:w(yi i i:! � �C / '1 M \ _ PREPARED FM SITE AREAS EXISTING NmTwa Plow. t ���P PERVIOUS 21,400¢ As' I Axo tpum 9AMIFI, $ ".`�\ IMPERVIOUS x,aae sF TOTAL ARF1 55,676 EY ,A(yk�L'Y PERCENT IMPERVIOUS 61.5% nw ¢"'S7`Cty PROPOSED 8 PERMWS 17,W1 SF i ref ix; ? INPERVIOUS 37,767 Sr I y4ft CJ PLOWE TOTAL AREA 55,614 SF y 1 . '\ I, rxi• PERCENT IMPERVIOUS 67.9% .': y J PARKING JJ$l I wK lOp�im i STALL REWIRED FOR EERY 200 S.F.OF FLOOR SPACE ' � �'Y L' 1_ NORTH BUILDING AREA ,370 SF y t 6,370 31,6 REGEfVED 6.3 STALLS) 29 RFACE STALLS ,Y,� AUG�� Z��I + SU 6 SPACES AT PUMPS 35 TOTAL PARKING SPACES a CITY OF LINO � GENERAL BUSINESS �� � WES �� LINO LAKES CONVENIENCE STORE GUNN0,OMAINAOE 8 EMOSION CONiROI PLAN sEI1FLl a11ES C 5 A.H.NO 14(MAIN 51REE'C: AN OKA CO.HWY.R/W PLAT NO.T4 iWNei91alNNMMOOLIIaTFf 1 �•�••� ".,.an�.."�'",. ....a...m...m tilt iE 4 *m .� mw ..m�.r<,m.m....m.m>..,..,.:�'... 4 a m...0.uc Ywmin w.ua nua�mx.m.mr.s r m.. P 7r ryV T 4111t PLOWS rn- NorrrH Y CZ RECEIVED SEP 01 2011 CITY OF LINO LAKES i LINO LAKES CONVENIENCE STORE UTILITY PLAN a DETAILS M of Lin Lakes,MinneWe _ e C S.A.H NO''(;(MAIN STREET) ANOKA CO.HWY. A PLAT NO. 17 _ MWWMWM SSMRM ORWAN .a.. �PMIpOMiMMMMtlftl�. 74 MMMCMMMWMMIOE POWITH �. v MMRM3IM&MG M nac�i.a.ca nieMeeWUM / RECEIVED CS SEP 01 2011 CITY OF LINO LAKES LINO LAKES CONVENIENCE STORE TURNING MOVEMENT EXNIBIT -_ -_-_ ----------..... _-- CRY of Line lakes,Minnesota "-b2IM-191 DESIGN VEHICLE RAO U9 K!1 IN].72 e1 sm,•Na20 IN,20D1 s.. „. , 0 ����i�r�sv�mt�iS�ttiR�iri flLfW l � f' �r l/ J: AUGUST 26,2011 1'2 RECEIVED AUG 3 0 2011 CITY OF LINO LAKES LINO LAKES CONVENIENCE STORE TURNING MOVEMENT EANIBIT mat, ,t � —... City of LIDO Lakes Minnesota ._ ANgCa ca t,vr,:R�Pu�r Ro,,,... .-•Y_—__. ----' M1dCA R/W PLATND.fT _-.-_......, _-- � I �k�• � :3 .�." :: tom]: � •' - v , v ' A ANTO 011- 1 { AUGUST 26,2011 2/2 RECEIVED AUG 3 0 2011 CITY OF LINO LAKES W Cw%of Me WWV4 of SIM 8.T 84 R.29 :. A.1'g01l o w - am z� .am» � /(� A�R Fb Im+l CedoJn LWaedi W - // v�i ' ♦ � ... - - IEw�W6iw / rr Q / owtEanFe.n,�liw � T - Al � OOPnn� SAM PROPERTIES OF LINO LAKES . / 7997 Lake Dfte NE Lino Lake,MN.55014 . 1 _ PLANT SCHEDULE T aarAracAEru. NA W—wm s�mvewu..'Tf.°'rwi u*e"w ,gdpA_,,E CEnQRATA TWCY®.C' IyORYECICWAHI6QTBE818..1C L1O'CN. NC MaASEN1uEIW ' ' (;EETIf eY6ENTALIS uArxeEacv F4f7JL .. WA4neEN wws w(�Nu:�.! u, MIN. T'A'C WAC1Ci ME 31 RECEIVED Landscape Plan s AUG 2 2 2011 g NOTFOACONSTM=mj CITY OF LINO LAKES L1.0 & �F:SHEETS LOING Y�Jil �Bp�I B�UILGN°1GTf.N BPoLN v mu ea EAST FACE ELEVATION Q ELECTRONIC READER BOARD i wrwew.aMw..e.wr a.a �isw R.MO�e OGp�OHEO flDLN-f��(pTryLONG.°LCCX c• � A1Mc~or tl•�i�. .l 1. < ELeNNTGTOO UWLOING9 BRICKONE COLdIOF �. �414A11 ry r4 y� I r�lrt •r — rr SOUTH FACE ELEON NORTH FACE ELEYOLM MONUMENTSIGN MONUMENT SIGN SIDE VIEW RJ VATI MARCO *••= CONSTRUCTION GBNExnc�NZRncroa� N W �Yn WW S 99 RECEIVED m o 9N 15 AUG 2 2 2011 2 Q LL z CITY OF LINO LAKES U)° J PHOTO OF EAST ELEVATION i r IL �, Ne. 2011056 Mew 7 PHO A ON A1.1 NO SCALE NO SCALE • i • V CITY OF LINO LAKES,M:INNESOTA SITE IMPROVEMENT PERFORMANCE AGREEMENT THIS AGREEMENT made this 100' day of October,2011,is by and between the s Minnesota Center Parkway,Lino Lakes,y, City of Lino Lakes,whose address is 600 Town Gent 55014,a municipal corporation organized under the laws of the State of Minnesota, hereinafter referred to as the"City", and SAM Properties,whose address 7997 Lake Drive Lino Lakes Minnesota 55014,hereinafter referred to as the "Developer". • WHEREAS,the Developer has received approval of Site Development Plans, hereinafter called the "Plans",by the City Council of the City on the I e day of October, 2011,by Resolution No. 11-95 (Exhibit A)pursuant to a conditional use permit; and WHEREAS,the conditional use permit review report is attached hereto as Exhibit B and the Plans listed in Exhibit B are incorporated herein by reference; and WHEREAS, the aforesaid approval includes a condition that prior to site work commencing, a new performance agreement with financial securities must be executed and the securities submitted to the City; and WHEREAS,pursuant to the terms of this Agreement,the Developer, its successors and assigns,agree to construct the improvements set forth in Exhibit B and the Plans on the site(hereinafter referred to as "Property")legally described as follows: That part of the Northwest Quarter of Section 9,Township 31,Range 22,Anoka County,Minnesota lying northwesterly of County State Aid Highway No.23. also known as Old U.S. Highway No. 8,except that part thereof described as follows: Beginning at the intersection of the west line of said Northwest Quarter and the northwesterly line of County State Aid Highway No. 23;thence northerly along said west line 329.14 feet;thence North 89 degrees 12 10 minutes 22 seconds East 173.34 feet to said northwesterly right of way page 1 of 9 line;thence South 27 degrees 36 minutes West, along said • northwesterly right of way line, 374.11 feet to the point of beginning. Except roads. Subject to easements of record. NOW,THEREFORE, in consideration of the mutual promises of the parties made herein,, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: I. DESIGNATION OF IMPROVEMENTS. A. Improvements on the project site to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as"On-site Work". B. Improvements off the project site to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as"Off-site Work'. C. Developer shall enter into an operation and maintenance agreement for stormwater treatment features on the site. U. ON-SITE WORK. A. On-Site Work. The On-site Work shall consist of the improvements described in the approved Plans,to include any approved subsequent amendments,and shall be.in compliance with all applicable statutes,codes and ordinances of the City. The Work includes all on-site exterior amenities as shown on the approved Plans and as required by the plan approval, such as,but not limited to: landscaping,private driveways, parking areas, storm drainage systems,water mains, sanitary sewers, hydrants,curbing,lighting,fencing, fire lanes, sidewalks,trails,outside trash disposal enclosures, exterior building architectural design and building elements,site grading,tree preservation work and erosion control measures. For the purposes of this agreement,onsite work does not m include the fuel pumps, canopy,or underground fuel tanks. Such improvements shall be completed in accordance with Section IV herein. B. Cost Estimates. The Developer shall provide the City with a written estimate of all applicable costs of the On-Site Work, itemized by type;the estimates shall be based upon the actual estimates provided by the page 2 of 9 contractors who are to do the Work. Said cost estimates shall be reviewed by the City,,and the City shall establish the actual amount of the financial guarantee. The description and estimated cost of Developer's On-site Work is as follows: Description of Improvements Estimated Costs 1 Storm Drainage Systems/Sewers/Culverts/ $4,100.00 Swales 2 Driveway/Parking Lot/Fire Lane $ 13,350.00 3 Landscaping $7,100.00 4 Site Grading $9,200.00 5 Erosion Control $ 1,175.00 Total Estimated Cost of Developer Improvements 11 $ 34,925.00 Security Requirement(Total * 35%) $ 12,225.00 III. OFF-SITE WORK A. Off-site Work. The Developer shall design and install, at the Developer's Expense,certain Off-site Work as follows: • As listed in paragraph III. F. Such improvements shall be completed in accordance with Section IV herein. B. Right=of-Way. The Developer shall be responsible for acquiring any right-of-way,temporary easements, or permanent easements necessary for the making of such improvements. C. Plans& S2ecifications. The Developer shall prepare plans and specifications for the making of such improvements. Said plans and specifications shall be subject to review and approval by the City of Lino Lakes and Anoka County. D. Construction Observation. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City and County standards as a condition of City/County acceptance. In addition,the City and/or County may have an inspector inspect the work on a part-time basis. E. Record Plans. Within thirty(30) days after the completion of the improvements the Developer shall supply the City with a complete set of page 3 of 9 reproducible mylar"Record drawings, and two complete sets of paper ' copy"Record" drawings, all prepared in accordance with City standards. An electronic copy of the plans shall also be submitted in an AutoCAD DWG format. F. Cost Estimates. The Developer shall provide the City with a written estimate of all applicable costs of the Off-Site Work, itemized by type;the estimates shall be based upon the actual estimates provided by the contractors who are to do the Work. Said cost estimates shall be reviewed by the City, and the City shall establish the actual amount of the financial guarantee. The Description of and estimated Costs of Developer's Off- Site Work is as follows: Description of Improvements Estimated Costs 1 Excavation, construction,restoration for $4,460.00 driveway/access within Lake Drive right of way and Main Street right of way Total Estimated Cost of Developer Off-Site Work $4,460.00 Security Requirement(Total* 35%) $ 1,560 IV. COMPLETION DATE. • The activities authorized by site and building plan approval shall be initiated within six(6)months after the date of execution of this Agreement unless extension is granted by the City. If such activity is not completed within eighteen(18)months, the City may exercise any remedies as set forth in Section VII.,unless an extension is granted by the City. V. GUA]2ANTEE. A. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer's Work and hereby j guarantees the workmanship and materials for a period of one year following the City's final acceptance of the Developer's Work. Concurrently with the execution hereof by the Developer,the Developer will furnish to,and at all times thereafter maintain with the City,a cash deposit, certified check, or Irrevocable Letter of Credit,based on thirty- five(35%)percent of the total estimated cost of Developer's Work. An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Lino Lakes and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract and construction of all required improvements in accordance with the ordinances and specifications of the . page 4 of 9 City. The City reserves the right to draw,in whole or in part,on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this contract. The Irrevocable setter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates. B. The Developer may request reduction of the Letter of Credit,or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. The City may retain a minimum value to guarantee and assure that unfinished improvements can be completed. Prior to the final acceptance of the Developer's Improvements the City shall require a Letter of Credit or Cash Escrow to cover the warranty provisions of the agreement.The amount shall be determined by the City Engineer. VI. REIMBURSEMENT OF COSTS. A. The Developer agrees to establish a non-interest bearing escrow account with the City in an amount established by the City Engineer or his designee for the payment of all City fees and costs incurred by the City related to the On-site and off-site Work,including, but not limited to,the following: • crow Account $5 000.00 Estimated ud et Costs far Es Total Estun (B g ) Administration(Legal,Engineering,Planning, and Contract administration) Existing project escrow as of August 10,2011 $1,550.00 Additional escrow deposit required: $3,450.00 B. The City shall have a right to reimburse itself from the Escrow. Upon request,the City shall provide the Developer written notice and reasonably detailed invoices of the City's expenses charged to the escrow. If it appears that the actual costs incurred will exceed the estimate,then Developer and City shall review the costs required to complete the project. In such case,Developer shall deposit additional sums with the City to pay for the agreed upon increase. If the escrow account drops below 10%of the original deposit amount,the City may require the submittal of an additional escrow deposit sufficient to cover any anticipated expenses. VII. REMEDIES FOR BREACH A. The City shall give prior notice to the Developer of any default hereunder before proceeding to enforce such financial guarantee or before the City undertakes any work for which the City will be reimbursed through the financial guarantee. If within ten(10)days after such notice to it,the Developer has not notified the City by stating in writing the manner in page 5 of 9 which the default will be cured and the time within which such default will be cured,the City will proceed with the remedy it deems appropriate. B. At an time after the completion date and any extensions thereof,if any of Y p the work is deemed incomplete,the City may proceed in any one or more of the following ways to enforce the undertakings herein set forth, and to collect any and all expenses incurred by the City in connection therewith, including,but not limited to,engineering,legal,planning and litigation costs and expense. The enumeration of the remedies hereunder shall be in addition to any other remedies available to the City. 1. Mcific Performance. The City may in writing direct the surety or the Developer to cause the Work to be undertaken and completed within a specified reasonable time. If the Developer fails to cause the Work to be done and completed in a manner and time acceptable to the City,the City may proceed to bring an action for specific performance to require work to be undertaken. 2. Completion by the gjV. The City, after notice,may enter the premises and proceed to have the Work done either by contract,by day labor or by regular City forces.The Developer may not question the manner of doing such work or the letting of any such contracts for the doing of any such work. Upon completion of such work,the Developer shall promptly pay the City the full cost thereof as aforesaid. 3. Deposit of Financial Guarantee. In the event the financial guarantee has been submitted in the form of a Letter of Credit,the City may draw on the Letter of Credit the sum equal to the estimated cost of completing the Work,plus the City's estimated expenses as defined herein,including any other costs,expenses, and damages for which the surety may be liable hereunder,but not exceeding the amount set forth on the Letter of Credit. The money shall be deemed to be held by the City for the purpose of reimbursing the City for any costs incurred in completing the Work as hereinafter specified. Any funds remaining after completion of the project shall be returned to the Developer. VM. OCCUPATION OF PREMISES The site is already occupied and the work described by the approved Plans does not affect occupancy. IX. REIMBURSEMENT OF COSTS FOR DEFENSE page 6 of 9 The Developer agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this Agreement, or any portion thereof, including court costs and reasonable engineering and attorneys'fees if the City prevails in such action. X. VALIDITY If a portion,section,subsection, sentence,clause,paragraph or phrase in this Agreement is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Site Improvement Performance Agreement. M. GENERAL A. Binding Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs,representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Property and shall be deemed covenants running with the land. B. Notices. Whenever in this Agreement it shall be required or permitted that . notice or demand be given or served by either party to this Agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinbefore set forth on Page 1 by certified mail(return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notices given as above. C. Incorporation by Reference. All plans, special provisions,proposals, specifications and contracts for the improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as fully as if set out herein in full. D. Hours of Construction Activity. All construction activity shall be limited to the hours set out as follows: Monday through Friday 7:00 a.m.to 7:00 p.m. Saturday 9:00 am.to 5:00 pm. Sunday and Holidays No construction work allowed E. Drainage and Utility Easement. Developer shall grant to City a drainage and utility easement over the infiltration basin shown on the Plans. • page 7 of 9 XII. VIOLATIONS/BUILDING PERMITS In the event that Developer violates any of the covenants and agreements contained in this Site Improvement Performance Agreement and to be performed by the Developer,the City, at its option,in addition to the rights and remedies as set out hereunder may refuse to issue building permits to any property within the development and/or stop building construction within the development until such time as such default has been corrected to the satisfaction of the City. • page 8 of 9 t DEVELOPER CITY LINO L B o r r ATTEST: City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this y O L day of V 0/6 b-ti ,2011,before me, a Notary Public within and for said County,personally appeared Jeff Reinert and Julieanne Bartell,to me known to be respectively the Mayor and Clerk of the City of Lino Lakes, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. usna. Notary Pu lic ` A tMy S.0w Jwnmy 51,2015 i 1 STATE OF MINNESOTA ) i ) ss. COUNTY OF ANOKA ) On this day of O��ID u' ,2011,before me a Notary Public within and for said County, personally appeared a d d ;IX of sG.'r —1 r es Df-►',a►.e-►developer),who executed the foregoing instrument. � e - Notary P blic RHONDAJ.MCKAY _...__._ Notary Public This instrument was drafted by: Minnesota My ommission Expires January 31.2015 1 City of Lino Lakes 600 Town Center Parkway . Lino Lakes,Minnesota 55014 page 9 of 9 OPERATION AND MAINTENANCE AGREEMENT FOR STORMWATER TREATMENT FEATURES THIS AGREEMENT made and entered into this 10t" day of October, 2011, by and between SAM Properties,whose address is 7997 Lake Drive Lino Lakes Minnesota 55014, hereinafter referred to as "Owner" of the Property described below; and the City of Lino Lakes, a political subdivision of the State of Minnesota, hereinafter referred to as "City". WHEREAS, the legal description of the property, hereinafter referred to as"the Property", is: That part of the Northwest Quarter of Section 9, Township 31, Range 22, Anoka County, Minnesota lying northwesterly of County State Aid Highway No. 23. also known as Old U.S. Highway No. 8, except that part i thereof described as follows: Beginning at the intersection of the west line of said Northwest Quarter and the northwesterly line of County State Aid Highway No. 23; thence northerly along said west line 329.14 feet; thence North 89 degrees 12 minutes 22 seconds East 173.34 feet to said northwesterly right of way line; thence South 27 degrees 36 minutes West, along said northwesterly right of way line, 374.11 feet to the point of beginning. Except roads. Subject to easements of record. and, WHEREAS, the City has required the Owner to provide onsite stormwater ponds and associated facilities to manage runoff on the above described Property and do all related grading, slope work, and restoration in compliance with approved plans, and WHEREAS, the Lino Lakes City Council approved a conditional use permit amendment for the site with Resolution No. 11-95. NOW THEREFORE IT IS AGREED AS FOLLOWS: 1. The Owner assumes the full and sole responsibility for the condition, operation, repair, maintenance and management, at no cost to the City, for onsite stormwater ponds, ditches and associated facilities (System)which are to be constructed to comply with the approved plans and Resolution No. 11- 95 for the purpose of receiving, retaining, treating and transporting all storm water which may be collected within the System. • Stormwater Treatment Features Agreement page 1 of 4 2. The City shall not under any circumstances be responsible for the on-going physical performance of any repairs, changes or alterations whatsoever to the System and appurtenances and the City shall not be liable for the cost thereof. 3. The Owner agrees, at no cost to the City, to regularly: (1) remove accumulated sediment from the System, (2) maintain all native perennial vegetation in the System area in a way which does not comprise the effectiveness of the infiltration System, (3) maintain and trim all other shrubs and vegetation in the System, (4) remove all litter and debris from the System, (5) repair or replace any grass or other vegetation in the System area disturbed by maintenance, and (6) take all other and further steps which would be reasonably necessary for the purpose of maintaining the System. 4. The Owner agrees to indemnify, and hold harmless and defend the City from all present and future claims that may arise from the construction and maintenance of the System located on the Owner's property. 5. In the event that the City believes that the Owner is not maintaining the System in a fashion reasonably consistent with this Agreement, then the City may give written notice to the Owner detailing the deficiency in the manner in 10 which the owner is maintaining the System. If, within 60 days after receipt of this notice, the deficiency described in the notice has not been corrected by the Owner, then the City may, without further notice, take any steps which it deems reasonably necessary in order to correct the deficiency; provided, however, that if the deficiency complained of in such notice is of such a nature that the same can be rectified or cured, but cannot with reasonable diligence be completed within said 60-day period, then such deficiency shall be deemed to be rectified or cured if Owner shall, within said 60-day period, commence to rectify and cure the same and shall thereafter complete such rectification and cure with all due diligence. If the Owner does not rectify or cure as provided herein, and the City corrects the deficiency, the Owner agrees to then reimburse the City within 30 days after receipt of invoice for all reasonable costs incurred, to include administrative overhead, by the City in correcting the deficiency. If this invoice is not paid within 30 days of receipt, or the Owner has not commenced an action to contest the reasonableness of the invoice within sixty (60) days after receipt, then the Owner agrees that the City may assess the cost against the Owner's Property. In the event that it becomes necessary for the City to assess the cost of correcting the deficiency as provided herein, then the City is authorized to direct the County Assessor to certify this assessment against the Owner's Property described above, and the Owner waives any right to a public hearing and appeal of such assessment which may statutorily or constitutionally provided for. Stormwater Treatment Features Agreement page 2 of 4 6. That any notices required under this agreement shall be sent by Certified mail, return receipt requested, or by personal service at the following address: Todd Steffen 1990 Main Street Centerville, Minnesota 55038 FURTHER, IT IS AGREED that the provisions of this agreement shall be binding upon and enforceable against the parties hereto, their successors and assigns and all subsequent owners of the Property herein described. An executed copy of this agreement shall be filed with the Anoka County Recorder's Office and be made a part of and be binding upon the above described property. This instrument will be unlimited in duration without being re-recorded. OWNER CITY OF LIN By By May Its �..� • ATTEST: y City Clerk STATE OF MINNESOTA } ) ss. COUNTY OF ANOKA } On this J D6 day of - , 2011, before me, a Notary Public within and for said County, personally appeared Jeff Reinert and Julianne Bartell, to me known to be respectively the Mayor and Clerk of the City of Lino Lakes, and who executed the foregoing instrument and acknowledge that they execute same on behalf of said City. USANL FIOGSTAQOSTERHMS c Notary Pubhe tANNotary Pu lic M N�,�a1,2o,5 • Stormwater Treatment Features Agreement page 3 of 4 1 STATE OF Minnesota) ) ss. COUNTY OF kwu Y---&- ) On this day of � "� , 2011, before me, a Notary Public within and for said County, personally appeared A-u t-A . SA�-F QA- , to me known to be the of - S. and that he executed the foregoing instrument and acknowledged that he executed the same on behalf of said corporation. NotaryPU IC j RHONDA J.MCKAY 71c1" Notary Public Minnesota My Commission Expires January 31,2015 1 i This instrument was drafted by: City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 Stormwater Treatment Features Agreement page 4 of 4 Record ID 2441026 r C I TY1 O F CITY OF LINO LAKES CERTIFICATION RESOLUTION NO. 11-95 STATE OF MINNESOTA COUNTY OF ANOKA 2025007 . 001 CITY OF LINO LAKES 1, 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. 11-95, amending an existing conditional use permit for a motor fuel station at 7997 Lake Drive to allow installation of a new canopy and pumps, approved by the Lino Lakes City Council on October 10, 2011, 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 October 11, 2011. City Cle R 600 Town Center Parkway,Lino Lakes,MN 55014 Phone: 651-982-2400 Fax: 651-982-2499 Council MemberRafferty introduced the following resolution and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 11-95 AMENDING THE EXISTING CONDITIONAL USE PERMIT FOR A MOTOR FUEL STATION AT 7997 LAKE DRIVE TO ALLOW INSTALLATION OF A NEW CANOPY AND PUMPS WHEREAS, the City has received an application for an amendment to an existing Conditional Use Permit for Motor Fuel Station on property currently described to-wit: THAT PRT OF NW1/4 OF SEC 9 TWP 31 RGE 22 LYG NWLY OF CSAH NO 23, AKA OLD US HWY NO 8, EX THAT PRT THEREOF DESC AS FOL: BEG AT INTER OF W LINE OF SD 1/4 & NWLY R/W LINE OF CSAH NO 23, TH N ALG SD WLINE 329.14 FT, TH N 89 DEG 12 MIN 22 SEC E 173.34 FT TO SD NWLY R/W LINE, TH S 27 DEG 36 MIN W ALG SD NWLY R/W LINE 374.11 FT TO POB, EX RDS, SUBJ TO EASE OF REC and WHEREAS, at their meeting on September 14, 2011, the Planning & Zoning Board conducted a public hearing and recommended approval of the amendment to the existing conditional use permit subject to the conditions listed in the meeting minutes; and WHEREAS, the proposed conditional use permit amendment meets the requirements of the City's zoning ordinance and subdivision ordinance subject to certain conditions of approval. NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves the conditional use permit amendment based on the findings in the staff report and subject to the following conditions of approval: WHEREAS, the City Council makes the following FINDINGS: Finding 1. Section 2, Subdivision 2 of the zoning ordinance includes standards for all conditional use permits. The proposed conditional use permit amendment complies with these standards as follows: a. The proposed development application has been found to be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan including: Land Use Plan, Transportation Plan, Utility (Sewer and Water) Plans, Local Water Management Plan, Capital Improvement Plan, Policy Plan, Natural Environment Plan. • The site is guided and zoned for commercial uses. b. The proposed development application is compatible with present and future land uses of the area. • The site is guided and zoned for commercial uses, but we must be aware that it abuts a residential area on the west. With adherence to the recommended conditions of approval, the application complies with code requirements and is compatible with other land uses. c. The proposed development application conforms to performance standards herein and other applicable City Codes. • The site is guided and zoned for commercial uses. With adherence to the recommended conditions of approval, the application will conform to performance standards. City code requirements and policies apply and will be enforced. d. Traffic generated by a proposed development application is within the capabilities of the City when (specific levels of service listed in the ordinance are met): • The site operated as a motor fuel station for several decades without traffic generation problems. The new pumps will not change traffic generation. The Lake Drive/Main Street intersection will be improved and the intersection will be signalized in year 2012. The proposed motor fuel use will not interfere with those plans. Access is always an important issue. The site's driveway on Lake Drive is being moved to the south to align with the bank driveway. This benefits public safety by reducing conflicts with traffic from Main Street turning right onto Lake Drive and the conflicts created by offset driveways. e. The proposed development shall be served with adequate and safe water supply. • The site is connected to municipal water and sanitary sewer. f. The proposed development shall be served with an adequate and safe sanitary sewer system. • The site is connected to municipal water and sanitary sewer. g. The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. • Improvements are planned for the Lake Drive/Main Street intersection following the November 2010 referendum to provide funding for the improvements. The proposed motor fuel use did not create the need for those improvements and will not interfere with those plans. h. 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. • The site operated as a motor fuel station for several decades. Lighting and noise has been considered, including hours of operation. (See canopy discussions below.) i. Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. • No such features exist on or near the site. Finding 2. Section 7, Subdivisioin 3 of the zoning oridnance includes conditions for Motor Fuel Stations in the General Business zone. The proposed conditional use permit amendment complies with these standards as follows: 7. Motor fuel stations provided that. a. 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. • Three underground fuel tanks will be installed as well as the pump islands. The shape and location of the site poses some circulation challenges. A previous plan was unworkable but the new plan is much better. Customer vehicles can circulate well. The truck turning radii submitted on August 30 shows adequate truck circulation for the Lake Drive access driveway b. Architectural Standards. 1) As a part of the conditional use permit application, a color illustration of all building elevations shall be submitted. 2) 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. 3) All sides of the principal and accessory structures are to have essentially the same or a coordinated harmonious finish treatment pursuant to Section 3, Subd. 4.8 of this Ordinance. 4) Exterior wall treatments like brick, stone (natural or artificial), decorative concrete block and stucco shall be used. 5) 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. 6) 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. • Section 3, Subd. 4.13 establishes architectural standards for commercial buildings, including building materials and colors. The same standards are reiterated in the motor fuel station requirements, listed above. The existing green metal of the Mansard roof on the principal building will be changed to yellow to match the new canopy. No other exterior alterations are proposed for the building. The canopy complies with the requirements. c. 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: 1) 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. 2) 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. 3) The canopy fascia shall not exceed three (3) feet in vertical height. The application meets these requirements. 4) 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. • The submitted photometric plan shows that canopy illumination, including the recessed canopy light model, BetaLED CAN-304-PS-RS, complies with the requirements. The City should consider potential impacts of the bright lighting below a canopy and the proximity to residential properties. Submitted information states that the store business hours will be 5:00 a.m. to 11:00 p.m. Outside of these hours, the fuel pumps will operate but canopy lighting will be reduced to a night level which will be about 10% of illumination. This will provide enough light to dispense fuel. (Note: A compact disc with electronic copies of the submittals includes a different lighting fixture: A Lithonia KACM surface mount model. It is not clear what this is intended for, but a surface mounted fixture is not acceptable.) 5) The architectural design, colors, and character of the canopy shall be consistent with the principal building on the site. • We received a new elevation for a canopy. The canopy material is yellow metal. The supporting columns will be stucco with brick bases. The color and the brick will be consistent with the principal building. 6) Signage may be allowed on a detached canopy in lieu of wall signage on the principal structure, provided that: a) The individual canopy sign does not exceed more than twenty (20) percent of the canopy facade facing a public right-of-way. • There currently is no signage on the convenience store part of the building because the store space has been vacant. Canopy signage must be included in the total amount of wall signage allowed. The canopy design includes only a logo of approximately 6 sf on each face. Future signage will be reviewed through sign permits. 7) Canopy posts/sign posts shall not obstruct traffic or the safe operation of the gas pumps. • The canopy posts are not problems, the canopy location overall is an issue. d. Pump Islands. Pump islands shall comply with the following performance standards: 1) Pump islands shall be elevated six (6) inches above the traveled surface of the site. 2) 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 islands are properly elevated and set back both from each other and from property lines. e. 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: 1) A minimum of four hundred (400) cubic feet of permanent pool storage capacity per acre of drainage area. 2) A minimum pool depth of four(4) feet. 3) A minimum oil containment capacity of eight hundred (800) gallons. 4) Minimum maintenancefinspection 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. • The submitted plans include an oil/grit separator. Plans received on September 1 include a trench drain that directs runoff to the separator. • The plan includes an infiltration basin. The site currently drains directly into the road ditches. With the increase in impervious surface, it's a good idea to infiltrate some runoff. As with any new stormwater facility, the City requires an agreement that the basin be maintained. • No Rice Creek Watershed permit is required for this project. f. Landscaping. 1) 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. 2) At the boundaries of the lot, the following landscape area shall be required: a) From side and rear property lines, an area of not less than ten (10) feet wide shall be landscaped in compliance with Section 3, Subd. 4.Q of this Ordinance. b) From all road rights-of-way, an area of not less than fifteen (15) feet wide shall be landscaped in compliance with Section 3, Subd. 4.Q of this Ordinance. c) 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 Section 3, Subd. 4.Q of this Ordinance. d) The property owner shall be responsible for maintenance of all landscaping, including within the boulevard. • The building has existed and functioned for several decades. However, additional landscaping is appropriate with a new application and a landscape plan has been submitted. The City Forester has reviewed the plan. The mix of plantings for the infiltration basin must be specified and a five-year maintenance plan must be submitted for the native plantings. g. 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 Section 3, Subd. 4.F 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: 1) 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. 2) 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. 3) 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. • The submitted photometric plan shows that canopy illumination and the rest of the site comply with these requirements. 4) Access. Vehicular access points shall create a minimum of conflict with through traffic movement and shall comply with Section 3, Subd. 5 of this Ordinance. h. 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. • Truck circulation is vital to safe and efficient movement on the site. The truck turning radii submitted on August 30 shows adequate circulation for the Lake Drive access driveway. i. Parking. 1) Parking spaces shall be calculated solely based upon the use(s) and the square footage of the principal building(s). • The zoning ordinance lists the minimum number of parking stalls for different uses. The ordinance does have a separate parking requirement for motor fuel stations but the convenience store must be calculated as retail, which is a higher requirement. Either way, "parking at fuel pumps shall not be allowed to satisfy the parking requirements." The table shows the calculations. Zoning Ordinance Parking Requirement Required Stalls convenience 1 stall per 200 sf using floor plan 2458 sf 12 store liquor 1 stall oer 200 sf using 90% of footprint 1179 sf 6 restaurant 10 stalls per 1000 sf of dining room 588 sf 6 + 1 stall per employee of max. shift 3 required total 27 provided on site 29 2) Parking spaces shall be screened from abutting residential properties in compliance with Section 3, Subd. 4.Q of this Ordinance. • The new landscaping provides screening of the northwest parking area. The southern area abuts commercial property. j. 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 Section 3, Subd. 4.J of this Ordinance. • Because residential property abuts the site, this requirement is an important consideration. The public address system will be limited to an intercom system and will not play music or advertising. k. Outside Storage, Sales and Service. No outside storage or sales shall be allowed, except as follows: 1) 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. 2) 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. Large, bulk sale propane tanks must meet all applicable building and fire code requirements. 3) A compressed air service area may be located on site as long as it does not interrupt on-site traffic circulation. 4) Accessory outdoor services, sales, or rental as regulated by Section 7, Subd. 3.G.6 of this Ordinance. • These are ongoing operation issues that will apply. 1. 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. • These are ongoing operation issues that will apply. m. 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. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves a Conditional Use Permit Amendment for the existing Motor Fuel Station subject to the following conditions of approval: Conditions of Approval All conditional use requirements of Section 2, Subd. 2 of the Zoning Ordinance and for motor fuel stations listed in Section 7, Subd. 3.H.7, shall apply. In addition, the following conditions should be included in the conditional use permit: 1. The site shall comply with all MPCA requirements for underground fuel tanks and other elements. 2. Applicant shall submit a complete deed for the easement for the infiltration basin prior to commencing site work. 3. A site performance agreement shall be completed and financial securities submitted prior to the commencement of site work. 4. A stormwater facility maintenance agreement for the infiltration basin shall be completed prior to the commencement of site work. 5. The canopy light model shall be the recessed CAN-304-PS-RS as submitted and shown on the lighting photometric plan. 6. Canopy illumination level shown on the photometric plan shall be allowed between 5:00 a.m. to 11:00 p.m. Outside of these hours, the fuel pumps may operate but the canopy lighting level shall be significantly reduced to approximately 10% of full illumination. 7. The public address system shall be limited to an intercom system and shall not play music or advertising. 8. Any video advertising devices integrated into the fuel pumps shall be inaudible from the surrounding properties and rights of way. 9. Any permits required by Anoka County, such as for work in the right of way, shall be obtained prior to the commencement of site work. 10.An infiltration basin planting plan, including type size and location of shrubs and ground cover, must be submitted and approved prior to commencing landscaping. 11.The canopy may include a band of contrasting color so long as it does not exceed 4 inches in height. Illumination of the band is prohibited. 12.The underground tanks must be located outside thjMa and utility easement for the infiltration basin. ' &JeN—Reiner�, Julia ne Bartell, Citf C1&k Adopted by the Lino Lakes City Council this 10th day of October, 2011. The motion for the adoption of the foregoing resolution was duly seconded by Council Member RnaGPr and upon vote being taken thereon, the following voted in favor thereof: Rafferty, Roeser, O'Donnell, Reinert The following voted against same: none (Absent - Gallup) Whereupon said resolution was declared duly passed and adopted. ANOKA COUNTY MINNESOTA Document No.: 2025007.001 ABSTRACT I hereby certify that the within instrunIent was filed in this office for record on: 10117/2011 2:28:00 PNI Feesi'Taxes In the Amount of: $46.00 LARRY W. DALIEN Anoka County Property Tax AdYninistrator�'Recorder�'Registrar of Titles BMC, Deputy Record ID: 2441026