HomeMy WebLinkAbout2019-077CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2019 -077
RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A GASOLINE/FUEL
STATION WITH CONVENIENCE STORE AND CAR WASH IN THE INWOOD PUD
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, RPS Legacy Desoto Properties, Little Canada, MN and Kwik Trip, Inc., PO
Box 2107, La Crosse, WI, have submitted an application to the City of Lake Elmo (City) for a
Preliminary Plat and Final Plat to be called Inwood 6th Addition on an approximately 9.9 acre
site on the southeast comer oflnwood Avenue and 5th Street North in the Inwood PUD (PID:
33.029.21.13.0017), a copy of which is on file in the City of Lake Elmo Planoing Department;
and
WHEREAS, RPS Legacy Desoto Properties, Little Canada, MN and Kwik Trip, Inc., PO
Box 2107, La Crosse, WI, have submitted an application to the City of Lake Elmo (City) for a
Conditional Use Permit to construct a gasoline/fuel station with a convenience store and a car
wash; and
WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo
Zoning Ordinance, Section 154.102; and
WHEREAS, the Lake Elmo Planning Commission held public hearing on August 12,
2019 to consider the Minor Subdivision, Final Plat and Conditional Use Permit request; and
WHEREAS, the Lake Elmo Planoing Commission adopted a motion recommending
approval of the Minor Subdivision, Final Plat and Conditional Use Permit subject to seven
conditions of approval; and
WHEREAS, the Lake Elmo Planoing Commission has submitted its report and
recommendation concerning the Minor Subdivision, Final Plat and Conditional Use Permit as
part of a memorandum to the City Council for the October 15, 2019 Council Meeting; and
WHEREAS, the City Council reviewed the application at its meeting held on October
15, 2019 and made the following findings of fact:
• That the proposed Kwik Trip fuel station/convenience store will meet all City zoning
ordinance requirements, such as landscaping, erosion and sediment control.
• That the proposed Kwik Trip fuel station/convenience store will be consistent with the
City's engineering standards provided the developer updates the plans to address the City
Engineer's comments documented in a letter August 6, 2019.
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• That the proposed architectural design of the gasoline station, canopy and car wash are
consistent with the Lake Elmo Design Guidelines and Standards Manual.
• That the proposed use will not be detrimental to or endanger the public health, safety,
comfort, convenience or general welfare of the neighborhood or City.
• That the use or development conforms to the City of Lake Elmo Comprehensive Plan.
• That the use or development is consistent with the Inwood PUD and will be compatible
with the existing neighborhood.
• That the proposed use meets all specific development standards for such use listed in
Article 7 of the Zoning Code.
• That the proposed use will be designed, constructed, operated and maintained so as to be
compatible in appearance with the existing or intended character of the general vicinity
and will not change the essential character of the area.
• That the proposed use will not be hazardous or create a nuisance as defined under the
Zoning Code to existing or future neighboring structures.
• That the proposed use will be served adequately by essential public facilities and
services, including streets, police and fire protection, drainage structures, refuse disposal,
water and sewer systems.
• That the proposed use will not create excessive additional requirements at public cost for
public facilities and services and will not be detrimental to the economic welfare of the
community.
• That the proposed use 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.
• That vehicular approaches to the property will not create traffic congestion or interfere
with traffic on surrounding public thoroughfares after the installation of a traffic signal
system at Inwood A venue and 5tl• Street North.
• That the proposed use will not result in the destruction, loss or damage of a natural or
scenic feature of major importance.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby
approve the Conditional Use Permit for the proposed gasoline station with a convenience store
and car wash to be located on 5th Street North in the Inwood 6tl1 Addition subject to the following
conditions:
1) All required modifications to the proposed plat and project plans as requested by the City
Engineer in a review memo dated August 6, 2019 shall be incorporated into the final plat
and project plans before the City approves the building pennit for the gasoline station.
Required modifications include, but are not limited to, the following:
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a. The design of the east-bound right turn lane proposed for the western access on
5th Street must be revised to incorporate a 150-foot full width turn lane with a 5:1
taper to account for the design speed of the road as suggested by the City
Engineer and the supporting consultant.
b. The design of the western driveway access onto 5th Street must be revised per the
recommendation of the City Engineer to accommodate right turns in only. The
design of the access must be approved by the City before the City approves the
building permit.
c. The width of the eastern full access driveway may need to be modified to 40 feet
to allow for one inbound lane (16 feet wide) and two outbound lanes (left and
right turn lanes, 12 feet wide).
2) The applicant shall provide for an access easement over the entire portion of the shared
western driveway located on Lot 1, Block 1 to provide dedicated access for Outlot A.
3) The developer shall acquire the needed permits from South Washington Watershed
District before starting any grading or development activity on the site.
4) The applicant shall pay the City a parkland dedication fee in the amount of $10,215
before the City releases the minor subdivision or final plat for recording.
5) The Landscape Plan shall be updated and reviewed by the City's Landscape Architect.
Any modifications requested by the Landscape Architect or the City Engineer shall be
incorporated into the Final Landscape Plan before the City approves the building permit
for the gasoline station.
6) The applicant shall secure a sign permit from the City for all signage associated with the
proposed gasoline station.
7) The applicant placing signs within their site to:
a. Remind visitors that the western access driveway is for enter only and exits are not
allowed.
b. Direct visitors to use the eastern access to 5th Street for existing the site.
8) Before starting any site work and before recording the Final Plat, the Developer shall
enter into a Developers Agreement or Site Work Agreement with the City. This
agreement shall be in a form acceptable to the City Attorney and shall delineate who is
responsible for the design, construction, and payment of public improvements and other
site management and operation considerations including erosion control and construction
staging.
9) If necessary, the applicant shall update the traffic impact study for the project based on
the review comments of Washington County. Additional improvements may need to be
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incorporated into the project depending on the outcome of additional review or study
revisions.
Passed and duly adopted this 15th day of October 2019 by the City Council of the City of Lake
Elmo, Minnesota.
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Mike Pearson, Mayor
ATTEST:
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