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HomeMy WebLinkAbout2007-041 Council ResolutionCouncil Membgr Donnell introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 07-41 RESOLUTION APPROVING AN AMENDMENT TO THE EXISTING CONDITONAL USE PERMIT, A PRELIMINARY PLAT FOR A TWO LOT SUBDIVISION, AND CONDITIONAL USE PERMITS FOR A MOTOR FUEL STATION AND CAR WASH FOR HOLIDAY STATIONSTORES AT 7509 LAKE DRIVE. WHEREAS, the City has received an application for an amended conditional use permit for interim improvements, preliminary plat, and motor fuel station and car wash conditional use permits for property currently described to -wit: KNOW ALL MEN BY THESE PRESENTS: That Holiday Stationstores, fee owners of the following described property situated in the County of Anoka, State of Minnesota, to wit: • All that part of the East Half of the Northwest Quarter (E 1/2 of NW 1/4) of Section Seventeen (17), Township Thirty -one (31) North, Range Twenty -two (22) West, Anoka County, Minnesota, described as follows: Commencing at the point of intersection of the South line of said East Half of Northwest Quarter (E 1/2 of NW 1/4) with the Westerly right -of -way line of Trunk Highway No, 8 as now established; thence on an assumed bearing of North twenty -four degrees fifty -six minutes (24 degrees 56 minutes) East along said Westerly road line a distance of one thousand one hundred fifty -five and six tenth feet (1155.6) to the Point of Beginning; thence continuing North twenty -four degrees fifty -six minutes (24 degrees 56 minutes) East along said Westerly road line, four hundred twenty (420) feet to the Southerly right - of -way line of the Southeast ramp of Trunk Highway No. 35W; thence North Eighty -five degrees zero four minutes (85 degrees 04 minutes) West along said Southerly right -of- way line, five and fifty -one hundredths (5.51) feet to point of tangential curve to the left; thence Westerly along said curve in the right -of -way line with a radius of four hundred ninety -three and fifty -three hundredths (493.53) feet, central angle of nineteen degrees forty -one minutes, zero nine seconds (19 degrees 41 minutes 09 seconds), an arc length of one hundred sixty -nine and fifty -seven hundredths (169.57) feet to point of tangency; thence South seventy -five degrees, fourteen minutes, fifty -one seconds (75 degrees 14 minutes 51 seconds) West along said Southerly right -of -way line, three hundred fifty -four and thirty -two hundredths feet (354.32) to a point of tangential curve to the left; thence Southwesterly along said curve in the right -of -way line with a radius of eight hundred sixty -six and ninety -one hundredths (866.91) feet, central angle of twenty -two degrees, . twenty -six minutes, fifty -nine seconds (22 degrees 26 minutes 59 seconds), an arc length of three hundred thirty -nine and sixty -seven hundredths (339.67) feet to point of tangency. which point is the point of intersection with a line that bears North seventy- • • eight degrees, thirty -five minutes, thirty seconds (78 degrees 35 minutes 30 seconds) West from the Point of Beginning; thence South seventy -eight degrees, thirty -five minutes, thirty seconds (78 degrees 35 minutes 30 seconds) East, six hundred fifty -two and six tenths (652.6) feet to the Point of Beginning. ; and WHEREAS, the applicant is proposing to subdivide the property into two parcels described as Lots 1 and 2, Block 1, Holiday Stationstores Lino Lakes First Addition; and WHEREAS, the amended conditional use permit for interim improvements; the preliminary plat; and motor fuel station and car wash conditional use permits request is based on the Holiday Stationstores plan set submitted on February 28, 2007; and WHEREAS, at their meeting on February 14, 2007, the Planning & Zoning Board conducted a public hearing and recommended approval of the amended conditional use permit for interim improvements, preliminary plat, and motor fuel station and car wash conditional use permits subject to the conditions listed in the meeting minutes; and WHEREAS, the proposed amendment to the existing conditional use permit for interim improvements, preliminary plat, and motor fuel station and car wash conditional use permits 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 an amendment to the existing conditional use permit as approved on June 2, 1992 and amended on September 27, 1999 for the interim improvements at the Holiday Stationstore subject to the following conditions: 1. Condition numbers 4, 5.3, 5.4, 5.5, and 9 of the September 27, 1999 approval no longer apply. 2. No fence will be required on the southern property line and no additional landscaping will be required to install the two additional pump islands. 3. Upon recordation of the final plat, the Conditional Use Permit shall no longer apply to the land platted as Lot 2. BE IT FURTHER RESOLVED that the City Council of Lino Lakes hereby approves the preliminary plat for Holiday Stationstores Lino Lakes First Addition subject to the following conditions: 1. The final plat must convey the appropriate drainage and utility easements and deed right of access to Anoka County along Lake Drive. 2. A cross access easements must be provided for the driveway shared by both lots. • • BE IT FURTHER RESOLVED that the City Council of Lino Lakes hereby approves a motor fuel station and car wash conditional use permits for Holiday Stationstores subject to the following conditions: 1. The Conditional Use Permits for a Motor Fuel Station and Automatic Car Wash shall apply only to Lot 1 as shown on the Preliminary Plat. 2. If construction has not begun on the new facility by December 31, 2010, the conditional use permits are void. 3. Upon construction of the new facility the existing Conditional Use Permit shall be voided and the Conditional Use Permits approved as part of this review will be enforced. 4. The developer must enter into a site performance and stormwater maintenance agreement with the city prior to the issuance of any building permits for the site. 5. A right -in only will be provided temporarily off of Lake Drive. Such access shall be terminated two years after the City completes the first lift of asphalt on Town Center Parkway or upon issuance of a building permit for the new facility, whichever occurs first. 6. Merchandise outside of the building may only be displayed within the designated area on the floor plan. 7. No ground sign may be installed on the Town Center Parkway street frontage of lot 1 unless the Lake Drive frontage sign is reduced to 32 square feet in area. 8. The Public Address system shall not be audible from the property line at time of installation. 9. Prior to the issuance of a building permit the following items must be addressed to the city's satisfaction: a. Pond and wetland areas must be planted with the city's native seed mix and managed for a minimum term of 3 years with a city approved contractor. b. The Electrical Lighting Site Plan must be revised to show the east property line after right of way dedication and conformance to the lighting standards. c. Details of the required oil /grit separator and fuel spill catch basin system. d. Issues discussed in the City Engineer review memo. • • Passed by the Lino Lakes City Council this th day of March 2007. . Ber� Jo _ so , Mayor Adopted by the Lino Lakes City Council this 12th day of March, 2007. The motion for the adoption of the foregoing resolution was duly seconded by Council Member Reinert and upon vote being taken thereon, the following voted in favor thereof: O'Donnell, Reinert, Carlson, Stoltz, Bergeson The following voted against same: None Whereupon said resolution was declared duly passed and adopted. • AGENDA ITEM 6.B STAFF ORIGINATOR: Paul Bengtson MEETING DATE: March 12, 2007 TOPIC: Resolution 07 -41 • Conditional Use Permit Amendment for Interim Improvements • Preliminary Plat for a two lot commercial subdivision • Motor Fuel Station and Car Wash Conditional Use Permits Holiday Station stores - 7509 Lake Drive BACKGROUND The City of Lino Lakes in partnership with Anoka County and the Minnesota Department of Transportation are completing plans for the reconstruction of the Lake Drive and I -35W Interchange. Construction is anticipated to start in April /May of 2007. During the past year the City has been working with adjacent property owners to acquire needed right -of -way for the project. In addition to right of way acquisition from the Holiday property the City will be removing the two existing accesses from Lake Drive as part of the project. New access to the store will be provided from the proposed westerly extension of Town Center Parkway. Holiday has been supportive of the road improvement project and acquisition process. As part of the acquisition process Holiday is requesting approval of changes to the existing site to facilitate this transition. This application will not only establish interim improvements in the form of some amendments to the existing Conditional Use Permit that are necessitated by the city improvements, but will also establish the means for Holiday to divide the property to sell an outlot for development, and ultimately new Conditional Use Permits are requested for a Motor Fuel Station with Car Wash to rebuild the existing site with a new facility. SITE DETAILS Comprehensive Plan, Land Use and Zoning: The table below identifies the existing land use and zoning as well as guided land uses for the area. Location Existing Land Use Guided Land Use Existing Zoning Site Motor Fuel Station Commercial GB (General Business) North Interstate 35W NA (Right of Way) NA (Right of Way) South Single Family Dwelling Commercial GB (General Business) East Lake Drive NA (Right of Way) NA (Right of Way) West Interstate 35W NA (Right of Way) NA (Right of Way) • • • The comprehensive plan guides the site for Commercial development. The site is within the stage 1 (pre -2010) growth area and within the existing MUSA boundary. Public water and sanitary sewer are available along the south property line and will occupy a portion of the Town Center Parkway alignment. Interim Improvements: The existing Conditional Use Permit allowing fuel sales on the site needs to be modified slightly to allow the facility to properly operate in conjunction with the Lake Drive /Town Center Parkway improvement project, and also to allow for the installation of two additional gasoline pumps. The Lake Drive reconstruction will require the existing pylon sign to be relocated as shown on the plans. Upon completion of the improvements the City and County have worked out an arrangement for one of the existing drives on Lake Drive to be closed immediately and the other to be closed within specific timeframe. These types of site changes also affect the existing Conditional Use Permit and will be clearly outlined in the conditions of approval and subsequent resolution. The Town Center Parkway construction project will provide access to the south side of the site and will require the removal of some curbing and parking area to allow proper circulation. The site will still provide 17 parking spaces which is adequate for the existing facility. The Lino Lakes City Council approved a Conditional Use Permit on the site for the reconstruction of the Motor Fuel Station on May 11, 1992, and an amendment to that Conditional Use Permit on September 27, 1999. This amendment was to allow the two additional pumps that were installed prior to city approval, to be turned on for use by the station. The following conditions were part of the 1999 approval: 1. Proper permits are obtained from all affected agencies. 2. The City Engineer reviews the ponding survey to confirm compliance. 3. Site lighting shall conform to the requirements of the Zoning Ordinance in relation to light and glare and the applicant shall supply a photometric lighting plan to confirm compliance. 4. A 6 foot board on board fence shall be installed along the south property line to the south/west corner of the site. Additional evergreens shall be planted along the new fence line to provide a double row of evergreens, 10 feet apart. • • • 5. Conditions 1 through 8, contained in the original permit, granted May 11, 1992, shall be made a part of this permit (conditions attached). 1. A curb barrier is to be provided to the east side of the site's southernmost row of parking as illustrated on Exhibit C. 2. Curb cut widths subject to the approval of the City Engineer. 3. Additional landscaping is provided to the south of the southernmost truck parking stall including trees from the end of the fence to the westernmost and /or the truck parking area. 4. An assurance is made that the proposed screening fence is of a variety which will produce an effective 50% screen, a double row of evergreens, 10 feet apart, balled and burlapped. 5. The car wash shall not be constructed until such time as sewer and water is available, or an acceptable recycle system is devised to accommodate 100% of the water from the car wash. 6. Drainage and utility plans are subject to approval by the Rice Creek Watershed District. 7. Dispensing devices are in clear view of attendant at all times per section 10.903 of the State Fire Code. 8. City Council review and approve signage proposal. Staff recommends the following: a. Pylon - Existing pylon sign be raised to 65 feet as allowed by Ordinance. b. Ground Sign - Would be processed for a variance for the new downsized sign if determined to be necessary by the City Attorney. (May 26, 1992 regular Council meeting, City Attorney determined that a variance is needed if the sign is to be reduced in size. A variance would not be needed if present sign remains at the current site and not reduced in size.) c. Wall Signage - Lighted portion of sign be allowed as proposed with elimination of lighting of the building and diesel canopy to the south. d. No additional signage allowed on site without an amended conditional use permit. 6. All conditions of approval shall be met prior to start-up of the two (2) new pump islands. 7. No tuck maintenance will be allowed on the site. • 8. Parking shall not be allowed along the south border of the property and in any unmarked spaces. Signs shall be installed to indicate the no parking zones. 9a. Three (3) parking spots on the south end of the site will be eliminated leaving only seven (7) parking spots, or 9b. The Oasis Market /Amoco will relocate the pond to the south side of the site leaving ten parking spots on the north end of the site. 10. MPCA testing will be conducted on an annual basis relating to noise and lighting. The applicant has worked with city staff to alleviate the truck parking on site and therefore the screening that was required in the past is no longer necessary. As such the applicant is requesting that these requirements be eliminated (staff would recommend condition numbers 4, 5.3, 5.4, 5.5, and 9 be removed to accommodate the request). Compliance with all other conditions will be required prior to the issuance of building permits for the two additional fuel pumps. Preliminary Plat Details: Gross Area 3.79 acres Right of Way .32 acres Net Area 3.47 acres The proposed lots meet all of the requirements for area and street frontage for the GB (General Business) zoning district as set forth in the Zoning Ordinance. Easements are correctly depicted on the Preliminary Plat for the typical property boundaries and for the sewer and water mains, but Drainage and Utility easements need to cover all drainage ponds prior to the approval of the final plat. Joint Access easements also need to cover the driveway shared by both lots. Additionally, the final plat will need to clearly grant right of access to Anoka County along the Lake Drive frontage. Lot 2 will be subject to a site plan review prior to any development occurring on the site. Holiday Lot (Lot 1) Lot 2 Lot Area 92,679 sf 59,587 sf Pervious Area 40,700 sf 44% 30,639 sf 51% Impervious Area 51,979 sf 56% 28,948 sf 49% Building Area 5,543 sf 6,500 sf The proposed lots meet all of the requirements for area and street frontage for the GB (General Business) zoning district as set forth in the Zoning Ordinance. Easements are correctly depicted on the Preliminary Plat for the typical property boundaries and for the sewer and water mains, but Drainage and Utility easements need to cover all drainage ponds prior to the approval of the final plat. Joint Access easements also need to cover the driveway shared by both lots. Additionally, the final plat will need to clearly grant right of access to Anoka County along the Lake Drive frontage. Lot 2 will be subject to a site plan review prior to any development occurring on the site. New Facility: CONDITIONAL USE PERMITS For the purposes of clarity, staff has recommended that the applicant request new conditional use permits for a Motor Fuel Station and Automatic Car Wash on Lot 1 of the preliminary plat. Both of the proposed uses are listed as conditional uses within the GB (General Business) zoning district. Below are the conditions listed within Section 7 Subdivision 3.H for both of the proposed uses, and comments indicating the level of conformance with the conditions as depicted on the submitted plans: 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. b. Architectural Standards. • 1) As a part of the conditional use permit application, a color illustration of all building elevations shall be submitted. The applicant has submitted a colored elevation which will be available at the work session and city council meeting. 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. The canopy will be shorter than the principal building and is finished with the same materials. 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.B of this Ordinance. All sides of both structures will have a cohesive design that doesn't vary from side to side. • • • • 4) Exterior wall treatments like brick, stone (natural or artificial), decorative concrete block and stucco shall be used. The pillars for the canopy and the majority of the principal building are shown to be built with brick. The base of both structures is finished in rock faced cmu. 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. The entire building will be constructed with variations of browns, with the addition of some accent color around the car wash tunnel entrance and exit. 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. Contrasts are provided on both structures between the EIFS finish, brick, and rock faced cmu. With additional contrast on the entrance and exit of the car wash tunnel. 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. The Canopy is located a minimum of forty feet from any property line and visibility will not be affected by its proposed location. 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. The canopy is 14.5 feet from grade and would be 18 feet in height as shown. 3) The canopy fascia shall not exceed three (3) feet in vertical height. The fascia depicted on the elevations is exactly three feet in vertical height. 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 lighting submitted is a mixture of recessed canister lights and recessed spotlights directed on the pumps themselves. The photometric plan depicts a maximum illumination of 95.1 foot candles below the canopy. 5) The architectural design, colors, and character of the canopy shall be consistent with the principal building on the site. Both structures on the site are very consistent in design, colors and materials. 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. The signage depicted on the canopy is clearly less than 20 percent of the facade. 7) Canopy posts /sign posts shall not obstruct traffic or the safe operation of the gas pumps. The canopy supports and sign posts will not cause any obstruction of site circulation. 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. The pump islands are depicted with a full street curb which will provide the six inches of separation from the traveled surface. 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 depicted as being a minimum of 45 feet from any property line and they are set exactly twenty four feet apart. • • • • 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 applicant is required to submit details on the oil/grit separator with the construction documents. 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. The site plan indicates 51% of the site is pervious, with large landscape islands along the three rights of way providing a vast majority of the pervious area. 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. With the exception of the west property line which is covered by a shared drive, landscape islands of at least 15 feet in width are provided on all property lines. g. • • 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. Landscape islands of at least 15 feet in width are provided on all property lines abutting Town Center Parkway, Lake Drive, and Interstate 35W. 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. The site is not adjacent to any residential zoning districts. d) The property owner shall be responsible for maintenance of all landscaping, including within the boulevard. The site performance agreement will require maintenance of all landscaping and the boulevard areas in accordance with city standards 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. The lighting submitted is a mixture of recessed canister lights and recessed spotlights directed on the pumps themselves. The photometric plan depicts a maximum illumination of 95.1 foot candles below the canopy. 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. The applicant submitted parking lot lighting that is downward directed, shielded and does not exceed 15 foot candles. The building lighting includes a slight uplighting affect, but does not exceed the 15 foot candle maximum. • • • 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 maximum foot candle at the east property lines appear to exceed the 0.4 foot candle maximum and revised lighting plans indicating the property line after right of way dedication will need to address this issue. 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. The access points were designed in conjunction with the Lake Drive /Town Center Parkway improvement plans and therefore will not cause any circulation issues or traffic movement issues. 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. The radius for the access points and within the site will provide adequate turning movements for semi - trailer trucks. i. Parking. 1) Parking spaces shall be calculated solely based upon the use(s) and the square footage of the principal building(s). Parking Figure Code Requirement Spaces Required Spaces Provided Retail 2,880 s.f One (1) space for every 200 s.f. 15 Car Wash None required in addition to the motor fuel station parking 0 Motor Fuel Station Four (4) spaces plus one (1) for every employee 8 Total 23 26 The site is currently over parked by 3 spaces. This is based on the assumption of four employees on the maximum shift, which could fluctuate. Additionally, the vacuum station on the west side of the building will likely limit the regular use of those two spaces by typical patrons. 2) Parking spaces shall be screened from abutting residential properties in compliance with Section 3, Subd. 4.Q of this Ordinance. The site is not adjacent to any residential zoning districts. • • • 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. The noise level of the PA system can not be judged until installed. The system will be tested prior to the issuance of a certificate of occupancy for the structure. 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. There are no payphones indicated on the plan, though the details on the site plan indicate an exterior payphone option. If any are planned in the future they will need to meet this requirement and the location will need to be approved by the city prior to any installation. 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. The location of the propane display on the southeast corner of the building (visible on the floor plan) will not restrict pedestrian traffic, but conformance with the building and fire codes must yet be verified prior to installation. 3) A compressed air service area may be located on site as long as it does not interrupt on -site traffic circulation. The compressed air service area is located adjacent to the front of the building and any user would need to park in the parking spaces provided south of the building to access the hose. This will not interrupt on -site vehicular circulation in any way. 4) Accessory outdoor services, sales, or rental as regulated by Section 7, Subd. 3.G.6 of this Ordinance. The Outdoor display of product is depicted directly in front of the entrance on the floor plan and will not restrict pedestrian traffic. A recommended condition will limit outdoor display to this area only. • 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. The plans specify a trash receptacle at the building's entrance, within each gas pump island, and at the vacuuming station on the west side of the building. 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. The Council may establish additional stipulations as part of the review of this request. Those items would need to be addressed with revised plans prior to approval, or could be conditioned as part of the approval document and enforced at time of construction. Commercial car washes (drive - through, mechanical and self - service) provided that: a. The site is serviced by municipal sanitary sewer. The site currently has access to a sanitary sewer main which is located within the 11 future Town Center Parkway right of way. b. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or areas as to cause impairment in property values or constitute a blighting influence. The building and the canopy are heavily clad in brick with EIFS accents. The building will be a clear improvement over the existing facility and will blend well with the properties on the east side of Lake Drive and the future development of the surrounding area on the east side of Lake Drive. c. Magazining or stacking space is constructed to accommodate that number of vehicles which can be washed during a maximum thirty (30) minute period and shall be subject to the approval of the City Engineer. The submitted plans do not indicate queuing spaces for the car wash, however the area dedicated to car wash circulation is over 160 feet in length which would accommodate approximately 8 vehicles which would equate to roughly 3.8 minute long wash cycles. Confirmation that this will be met on the site will be required. • • • • d. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Section 3, Subd. 4.Q of this Ordinance. The site is not adjacent to any residential zoning districts. e. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with Section 3, Subd. 4.Q of this Ordinance. The site is not adjacent to any residential zoning districts. f. The entire area other than occupied by the building or plantings shall be surfaced with material which will control dust and drainage which is subject to the approval of the City Engineer. The entire site shall be planted with sod or seed that will assist in the control of dust and drainage from the site. g. The entire area shall have a drainage system which is subject to the approval of the City. The site will feed into the storm and sanitary sewer systems. h. All lighting shall be hooded and so directed that the light source is not visible from the public right -of -way or from an abutting residence and shall be in compliance with Section 3, Subd. 4.F of this Ordinance. The applicant submitted parking lot lighting that is downward directed, and appropriately shielded. The building lighting includes a slight accent uplighting. i. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movement and shall be subject to the approval of the City Engineer. J• The project is partially being driven by the Town Center Parkway and Lake Drive improvement project which will initially close the southern existing access point and allow access to the northern existing access point for a set period of time. After that is removed all access to the site will be off of Town Center Parkway and will greatly improve traffic movement in the area. Provisions are made to control and reduce noise. Typical MPCA standards will apply to the site and will be confirmed if noise levels exceed those anticipated for this type of development. This will specifically include the PA system. • • • SITE DESIGN FOR THE NEW FACILITY Setback Requirements The proposed building meets or exceeds all of the setback requirements for the GB (General Business) zoning district. Building Elevations The building materials used for the proposed structures include a base of rock faced CMU, brick covering of the canopy supports and building face, and E1FS finish for the canopy facade /top and building accents. All of these materials conform to the requirements of the zoning ordinance. Building Height According to the Zoning Ordinance, no building within the GB (General Business) zoning district may exceed 45 feet in height. At a maximum height of approximately 20 feet, 10 inches in height, the proposed motor fuel station and car wash complies with the ordinance. Landscaping The landscaping plan is conforming to the minimum requirements of the Zoning Ordinance, and the applicant has added a hedge row along the south end of the southern parking area to limit the overflow of vehicle headlights onto Town Center Parkway and to improve the livability of the existing residential property on the south side of Town Center Parkway. Green Area The GB (General Business) zoning district requires that impervious surface coverage not exceed 75 %. Plans currently show the Holiday Store with an impervious surface coverage of 56% and Lot 2 with an impervious surface coverage of 49 %, both within the limitations of the district. Access /Circulation Access to the site is currently provided via two exit/entry drives directly from Lake Drive on the east side of the site. The Lake Drive and Town Center Parkway improvement project will create two exit/entry drives on the south side of the site via Town Center Parkway and will immediately close the southern drive on Lake Drive. The northern exit /entry drive from Lake Drive will remain for two years from the completion of the Town Center Parkway improvements. It will function as a right -in only to limit traffic conflict points. This access is for the existing facility and will cease upon the end of the two year time limit or the construction of a new facility, whichever occurs first. This access plan will provide the safest access to and from the site and the internal circulation will work well with the proposed layout. Principal Building Required Proposed Parking Lot Required Proposed Town Center Parkway 30 feet 165 feet 15 feet 20 feet Lake Drive 40 feet 75 feet 15 feet 15 feet Interstate 35W 40 feet 62 feet 15 feet 25 feet Side Yard 10 feet 87 feet 10 feet 30 feet The proposed building meets or exceeds all of the setback requirements for the GB (General Business) zoning district. Building Elevations The building materials used for the proposed structures include a base of rock faced CMU, brick covering of the canopy supports and building face, and E1FS finish for the canopy facade /top and building accents. All of these materials conform to the requirements of the zoning ordinance. Building Height According to the Zoning Ordinance, no building within the GB (General Business) zoning district may exceed 45 feet in height. At a maximum height of approximately 20 feet, 10 inches in height, the proposed motor fuel station and car wash complies with the ordinance. Landscaping The landscaping plan is conforming to the minimum requirements of the Zoning Ordinance, and the applicant has added a hedge row along the south end of the southern parking area to limit the overflow of vehicle headlights onto Town Center Parkway and to improve the livability of the existing residential property on the south side of Town Center Parkway. Green Area The GB (General Business) zoning district requires that impervious surface coverage not exceed 75 %. Plans currently show the Holiday Store with an impervious surface coverage of 56% and Lot 2 with an impervious surface coverage of 49 %, both within the limitations of the district. Access /Circulation Access to the site is currently provided via two exit/entry drives directly from Lake Drive on the east side of the site. The Lake Drive and Town Center Parkway improvement project will create two exit/entry drives on the south side of the site via Town Center Parkway and will immediately close the southern drive on Lake Drive. The northern exit /entry drive from Lake Drive will remain for two years from the completion of the Town Center Parkway improvements. It will function as a right -in only to limit traffic conflict points. This access is for the existing facility and will cease upon the end of the two year time limit or the construction of a new facility, whichever occurs first. This access plan will provide the safest access to and from the site and the internal circulation will work well with the proposed layout. • Pedestrian Circulation Sidewalks are provided on three sides of the principal building and provide appropriate access to the building from the main parking area. The width of the sidewalks (6 feet) limits the outdoor display of product to the areas depicted on the floor plan. Lighting The majority of the site is conforming to the lighting standards of the zoning ordinance, including the canopy. However, the lighting site plan needs to be revised to clearly depict the east property line after the right of way is granted and conformance to the foot candle limitations. Parking This facility will be required to provide parking per the Motor Fuel Station parking standards as listed below. Parking Figure Code Requirement Spaces Required Spaces Provided Retail 2,880 s.f One (1) space for every 200 s.f. 15 Car Wash None required in addition to the motor fuel station parking 0 Motor Fuel Station Four (4) spaces plus one (1) for every employee 8 Total 23 26 The site is currently over parked by 3 spaces. This is based on the assumption of four employees on the maximum shift, which could fluctuate. Additionally, the vacuum station on the west side of the building will likely limit the regular use of those two spaces by typical patrons. Signage Motor Fuel Stations that abut freeways are allowed one pylon sign addressing the freeway with a maximum area of 100 square feet and a maximum height of 65 feet; one additional sign with a maximum area of 32 square feet and a maximum height of 30 feet is allowed per street frontage (Lake Drive and Town Center Parkway). In this instance the freeway sign is existing and will not be moved; however, the existing sign on Lake Drive needs to be relocated as a result of the Town Center Parkway /Lake Drive improvement project. This sign exceeds the maximum area requirements, but due to the relocation caused by a city improvement project it will be allowed to be relocated on the site in its current configuration. Due to the fact that it more than doubles the area allowed per street frontage, a condition of approval prohibits the placement of an additional sign on Town Center Parkway unless the sign on Lake Drive is reduced to 32 square feet. The sign plan includes wall signage on the canopy fascia in lieu of the building itself, which includes only directional signage for the car wash. The signage on the canopy fascia meets the maximum area allowance which is 20% of the canopy fascia per side, with a maximum of two sides of the canopy having signage. • Trash / Mechanical Equipment Since the Planning and Zoning Board the applicant has submitted revised plans that depict a trash enclosure on the west side of the building in lieu of the integrated enclosure previously shown. This location minimizes visibility from Town Center Parkway and Lake Drive and meets all ordinance requirements. The electrical transformer is shown on the west side of the building and therefore will have minimal visibility from the surrounding rights of way. Utilities The City Engineer has thoroughly reviewed the submitted utility plan and his comments are attached in memorandum form. A condition of this approval will require compliance with these comments. Stormwater management The attached memorandum from the City Engineer includes all of the comments related to Stormwater management and a condition will require compliance. The applicant has worked with Rice Creek Watershed District but no official review comments have been issued at this time. Compliance with the RCWD will be required as a condition of approval. ENVIRONMENTAL BOARD Attached is a memorandum from the City Environmental Coordinator outlining the recommendations made by the Environmental Board on January 31St. Many of the recommendations have been included as staff recommended conditions of approval below. PLANNING AND ZONING BOARD The Planning and Zoning Board held a public hearing on February 14, 2007 and ultimately recommended approval on a vote of 5 -1. Since that meeting the applicant has submitted revised plans that have addressed several of the recommended conditions. Conditions requiring colored elevations, the Right of Way Plat No. 3 depicted on the preliminary plat, and a shrub row along Town Center Parkway have been met with the revised plans and eliminated. RECOMMENDATION Staff recommends adopting Resolution 07 -41 approving the amended conditional use permit for the interim improvements, new conditional use permits for motor fuel station and automatic car wash, and preliminary plat for Holiday Stationstores Lino Lakes First Addition subject to the conditions listed in the resolution. ATTACHMENTS 1. Resolution 07 -41 2. Environmental Board comments from January 31, 2007 3. City Engineer memorandum dated March 2, 2007 4. Holiday Stationstore packet received February 28, 2007 • Environmental Board Recommendations January 31, 2007 • • The following Recommendations were made at the January 31, 2007 Environmental Board meeting concerning: Comforts of Home /CORE Development 1. Invasive species within the existing wetland should be eradicated as part of the site development and establish a healthy wetland for filtration and natural visual design. 2. The site should be modified to incorporate the required 10 foot buffer around the wetland and enhance greenway design. 3. A fueling site spill containment area should be designed into the plan. 4. Importing of soil shall be subject to review and approval of the City Engineer. 5. Pond designs should incorporate the use of for -bays for pretreatment and ease of maintenance. 6. Evaluate use of infiltration bmp's to treat parking lot runoff. 7. Provide adequate vehicle access to pond and infiltration areas. 8. A storm water maintenance agreement be executed between the City and Developer which includes a maintenance schedule for native planting and rain garden areas 9. The SWPPP be modified to incorporate the comments included in the SWPPP memo - attached. 10. A tree preservation plan shall be submitted. 11. A revised landscaping plan shall be submitted in conformance with City requirements including screening plan for the west side of the property, rain garden planting schedules and irrigation. 12. The area of parking lot islands should be increased or combined to improve planting conditions. 13. The City Native Seed mix shall be used in all surface water management and buffer areas that are not formally planted 14. Roadway areas should be kept to a minimum. Motion to forward recommendations with attached SWPPP changes by Bor, second by Brouillet to approve, all were in favor. Holiday Stationstore 1. Recommend engineering look at an alternative to the pipe conveying storm water to the south of the proposed infiltration area. Alternatives desired from adding to a more comprehensive treatment train would include grassy swale, built with a system of check dams, and planted with deep rooting low- profile native plants. • 2. Access locations to pond and infiltration areas must be shown on the map. 3. Pump stations should be designed with a spill- containment feature. 4. Combine sheets 8 and 9 of their submittal and rename the sheets Storm Water Pollution Prevention Plan or SWPPP. Make changes to the SWPPP as per the attached memo to the City Engineer. 5. Provide a tree inventory of all significant trees on the site. Indicate if any of the trees can be saved or must be removed. If there are trees that can be saved, than provide a description of methods that will be used to save them. 6. On the Landscape Plan: • Sod areas must be indicated as irrigated. • Top soil must be indicated on the plan as tilled as deeply as possible into the sub - soils. • Storm ponds must be planted with the City Native Seed mix and modified with enhancement potted plants to achieve flowering forbs of one every 5 square feet. • A planting schedule should be submitted with native seed and plants included. • A contract with a City approved landscape company that is knowledgeable and experienced in native plant installation and maintenance should be submitted. The contract should cover installation and maintenance for at least the first 3 years. If a burn is possible at the end of three years this should be included in the contract. 7. All facility lighting should be planned at the minimum lumens and required design of the City code. All up- lighting must be kept to a minimum. 8. Holiday Stationstore should submit a remediation plan to the City should leakages be found to exist in fuel tank replacement areas. 9. Add buffering to attenuate light spill on adjacent property. Motion by Bor, second by Trailor to forward staff and Environmental Board recommendations on. All were in favor. Motion passed. • C 1 T Y'; ;` p O F L KE.S Memorandum DATE: March 5, 2007 TO: Paul Bengston FROM: James E. Studenski, City Engineer 75/C &4/ RE: Holiday Station Stores- 7509 Lake Drive •Attached please find a TKDA Review dated March 2, 2007, of the submitted documents for the Holiday Station Stores. All items must be addressed before final approval is given for this project. Contact me with any questions, thank you. 600 Town Center Parkway, Lino Lakes, ,Minnesota 55014 -1182 Phone: 651- 982 -2400 • Fax: 651 -982 -2409 TKDA ENGINEERS • ARCHITECTS • PLANNERS MEMORANDUM 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 -2140 (651) 292-4400 (651) 292-0083 Fax www.tkda.com To: James E. Studenski, P.E. Reference: Holiday Stationstore Copies To: Site Review - Preliminary Plat City of Lino Lakes, Minnesota From: Thomas D. Prew, P.E. Proj. No.: 13810.001 Date: March 2, 2007 Routing: The following review is based on these submittals: 1. Holiday Stationstore Site, Grading, Utility, and Erosion Control Plans submitted by Insites, received by the City of Lino Lakes February 28, 2007. 2. Holiday Stationstore Preliminary Plat received by the City of Lino Lakes February 9, 2007. There are no significant issues with the project to be addressed prior to preliminary plat approval. This plat contains two lots, however the site plan review only applies to Lot 1. Drainage computations for • ponds do cover both Lot 1 and Lot 2. A site plan review will be needed for Lot 2 when that lot is developed. Items to be addressed prior to final approval: 1. A maintenance agreement with the City shall be approved for pond and storm sewer maintenance. 2. City code requires that all areas used for fueling be drained into an oil -water separator. This needs to be shown on the plans. A copy of a maintenance contract should also be provided. 3. The city project will provide utility stubs to both lots. Site Utility Plans shall conform to city design. 4. SAC /WAC determination will be performed by the City. Fees shall be paid before a building permit is issued. 5. A copy of Mn/DOT and Anoka County permits must be submitted prior to approval. 6. Plans must reference city standards and details for any work to be completed in right of way. 7. Reference TKDA memo dated March 2, 2007, for drainage comments. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity TKDA 4. ENGINEERS • ARCHITECTS • PLANNERS MEMORANDUM To: Thomas D. Prew, P.E. Reference: Holiday Stationstore 1500 Piper Jaffray Plaza 444 Cedar Street Saint Paul, MN 55101 -2140 (651) 292-4400 (651) 292-0083 Fax www.tkda.com Copies To: James E. Studenski, P.E. Drainage Review City of Lino Lakes, Minnesota From: Connie J. Taillon, P.E. Proj. No.: 13810.001 Date: March 2, 2007 Routing: The following drainage review is based on these submittals: 1. Holiday Stationstore Preliminary Grading, Utility, and Erosion Control Plans submitted by Insites, dated January 12, 2007 and revised February 28, 2007. 2. Holiday Stationstore Stormwater Management Calculations submitted by Sunde Engineering, PLLC, dated February 8, 2007. The following are significant issues that must be addressed prior to preliminary plat approval: 11. Rice Creek Watershed District will need to confirm that the wetland delineation shown on the Plans is a constructed pond and not a wetland. 2. Include all depressional storage on the site in the existing conditions model and route through the existing storm sewer that discharges to the I35W Right -of -Way. 2/14/07 The revised existing conditions HydroCAD model was not submitted. Submit the existing conditions model for review when available. 3/2/07 Justify the time of concentration values in the existing conditions model. 3. Since disturbed pervious areas are typically compacted during grading operations and will be restored with topsoil, a curve number that corresponds to Type B soils should be used for all disturbed pervious areas in the proposed conditions model. 2/14/07 This item has been addressed. 4. Existing and proposed rates may change due to modifications of the model based on comments 2 and 3 above. Rate control requirements will be reviewed when the updated models are re- submitted. 2/14/07 Rate control requirements will be review when the revised existing conditions model is submitted. 3/2/07 This item has been addressed. 5. The water quality volume in the proposed pond may change due to modifications of proposed curve numbers based on comment 3 above. The water quality volumes will be reviewed when the updated calculations are re- submitted. 2/14/07 This item has been addressed. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity • • Holiday Stationstore Page 2 March 2, 2007 Drainage Calculation Review City of Lino Lakes, Minnesota The following are minor plan, calculations, and drafting corrections that must be addressed prior to final approval: 1. Include a detail of the pond outlet structure on the Plans. 2/14/07 This item has been addressed. 2. Include a `rip -rap at flared end section' detail on the Plan. 2/14/07 This item has been addressed. 3. Show the location of erosion control blanket on the Plan. 2/14/07 This item has been addressed. 4. Indicate the pipe size, slope and invert elevation of the existing pipe the discharges to the 35W right - of -way on the Plans. 2/14/07 This item has been addressed. 5. Label the inverts of all flared end sections on the Plans. 2/13/07 This item has been addressed. 6. All City - maintained storm sewer, including pond outlet structure pipes, are required to be a minimum of 15 inches in diameter. 2/14/07 This item has been addressed. 7. The storm sewer design may change due to modifications of proposed curve numbers based on comment 3 (significant issues) above. The storm sewer design will be reviewed when the updated calculations are re- submitted. 2/14/07 The storm sewer was designed using HydroCAD. Pipe capacities were checked against inflow values determined in the model, and there appears to be sufficient capacity to convey the 10- year storm event. This item has been addressed. 8. Indicate the overland emergency overflow location and elevation of all ponds and parking lot/road low points on the Grading Plan. Low openings are required to be a minimum of 1 foot above the emergency overflow elevation. 2/14/07 Indicate the overland emergency overflow location and elevation of the stormwater pond and infiltration basin. 3/2/07 The overland emergency overflow elevation of the stormwater pond and infiltration basin on the Grading Plan is incorrect. 9. Provide a cross - section detail of the infiltration basin on the Plans that includes information such as the depth and type of soil mixture. 2/14/07 This item has been addressed. • 10. Label the high water level of the infiltration basin on the Plans. 2/14/07 This item has been addressed. IP • • Holiday Stationstore Page 3 March 2, 2007 Drainage Calculation Review City of Lino Lakes, Minnesota 11. Include notes on the grading plan incorporating the following: 1) the proposed infiltration area should be staked off and marked during construction to prevent heavy equipment from compacting the soil, 2) the infiltration area should not be excavated to final grade until the contributing drainage areas have been constructed and fully stabilized, and 3) final excavation of the infiltration areas should be completed using light tracked equipment to avoid compacting the basin floor. 2/14/07 This item has been addressed. 12. To provide a well aerated, highly porous surface, the soils of the infiltration basin floor should be loosened to a depth of at least 12 inches prior to planting. 2/14/07 This item has been addressed. 13. Indicate the type and location of vegetation used in the ponding areas. It is highly recommended that mature plants be used over seed in the infiltration basin. Fluctuating water levels following seeding can cause seed to float and be transported downstream of the infiltration basin. In addition, it may take up to two growing seasons to establish the function and aesthetic value of mature vegetation using seeds. 2/14/07 This item has been addressed. 14. The MPCA NPDES Permit requires that the design storm runoff volume in the proposed infiltration basin infiltrate within 48 hours. 15. Submit a geotechnical report for review. The lowest floor elevation is required to be 4 feet above the seasonal high ground water elevation. 2/14/07 Submit a geotechnical report for review when available. 16. Runoff from the site discharges to the Interstate Highway 35W right -of -way; therefore, permit approval from Mn/DOT may be required. 17. Submit a copy of the NPDES permit for the City's records when available. 18. Approval from Rice Creek Watershed District (RCWD) is required. Submit a copy of the RCWD Permit when available.