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Home My WebLink About2016-06-27 CC Resolution #16-06-30 RESOLUTION NO. 16-06-30 CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY KWIK TRIP INC. TO DEVELOP A KWIP TRIP MOTOR FUEL STATION AT THE INTERSECTION OF 58" STREET NORTH AND MEMORIAL AVENUE TO INCLUDE A REQUEST FOR A B-3 DISTRICT AMENDMENT TO ALLOW MOTOR FUEL STATIONS AND CAR WASHES, CONDITIONAL USE PERMIT FOR THE MOTOR FUEL STATION AND CAR WASH USE, CONDITIONAL USE PERMITS FOR SIGNAGE AND EXTERIOR STORAGE, PRELIMINARY AND FINAL PLAT, AND DESIGN GUIDELINES/SITE PLAN REVIEW BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request from Kwik Trip Inc. to develop a Kwik Trip motor fuel station at the intersection of 58th Street North and Memorial Avenue to include a request for a B-3 District Amendment to allow motor fuel stations and car washes, Conditional Use Permit for the motor fuel station and car wash use, Conditional Use Permits for signage and exterior storage, Preliminary and Final Plat, and Design Guidelines/Site Plan review and after having conducted a public hearing relative thereto, the Planning Commission of the City of Oak Park Heights recommended that the request be approved with conditions. The City Council of the City of Oak Park Heights makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned B-3, Highway Business and Warehouse District which does not allow for motor fuel stations and car washes; and 4. The Applicant has requested a Zoning Ordinance Amendment to allow motor fuel stations and car washes as a Conditional Use Permit in Sections 401.300.E.17 and 401.300.E.18 of the B-3 District; and 5. City Staff, after reviewing the Zoning Ordinance amendment request, would support the change to allow motor fuel stations and car washes as a Conditional Use Permit in the B-3 District; and 6. The property is to be platted as Lot 1, Block 1, Oak Park Station Second Addition, requiring review and approval of a Preliminary and Final Plat; and 7. A Conditional Use Permit shall be required to allow the motor fuel station and car wash at the subject site; and li 8. A Conditional Use Permit shall be required to allow for a freestanding sign that exceeds the requirements of a maximum 18 feet in height and 80 square feet in sign area. The Applicant has proposed a freestanding sign will be 20 feet in height and 98 square feet of sign area. A Conditional Use Permit is required to vary from sign height and size; and 9. A Conditional Use Permit shall be required to allow more than three wall signs and a maximum of 200 square feet of wall signage. The Applicant is proposing two signs on the building and eight signs on the two canopies for a total of 252.5 square feet of sign area. The applicant has agreed to eliminate two canopy signs for a total of 204.5 square feet of sign area. A Conditional Use Permit is required to vary from number and overall square footage of signs; and 10. A Conditional Use Permit shall be required to allow outdoor storage. Only ice and propane sales in locked enclosures shall be allowed for outdoor storage; and 11. Design Guideline/Site Plan approval is required for a new building and site improvements; and 12. City staff prepared a planning report dated June 2, 2016 reviewing the request; and 13. Said report recommended approval of the request for a B-3 District Amendment to allow motor fuel stations and car washes, Conditional Use Permit for the motor fuel station and car wash use, Conditional Use Permits for signage and exterior storage, Preliminary and Final Plat, and Design Guidelines/Site Plan review, subject to the fulfillment of conditions; and 14. The Planning Commission held a public hearing at their June 9, 2016 meeting, took comments from the applicants and public,closed the public hearing, and recommended the application with conditions. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted from Kwik Trip Inc. to develop a Kwik Trip motor fuel station at the intersection of 58th Street North and Memorial Avenue to include a request for a B-3 District Amendment to allow motor fuel stations and car washes, Conditional Use Permit for the 2 motor fuel station and car wash use, Conditional Use Permits for signage and exterior storage, Preliminary and Final Plat, and Design Guidelines/Site Plan review affecting the real property as follows: SEE ATTACHMENT A The City Council of the City of Oak Park Heights approves the sign Conditional Use Permit subject to the following findings of fact: 1. The Conditional Use Permit criteria in Section 401.03.A.7 of the Zoning Ordinance have been reviewed and it has been determined by the Planning Commission that the additional height, sign face size, number and square footage of signage is justified. 2. The Applicant had previously proposed ten building and canopy signs for the site which is significantly more than the three allowed by the Sign Ordinance. With the proposal for eight wall signs,the overall amount of signage will be reduced on site to a total 204.5 square feet. 3. The additional sign height to 20 feet and 98 square feet of sign area will ensure visibility and identification of the business from Highway 36 and Osgood Avenue. Be and the same is hereby approved by the City Council of the City of Oak Park Heights subject to the conditions as follows: • B-3 District Amendment to allow motor fuel stations and car washes. • Conditional Use Permit for the motor fuel station and car wash use. • Conditional Use Permit for additional sign height, sign face size,number, and square footage of signage. • Conditional Use Permit for exterior storage limited to ice and propane. • Preliminary and Final Plat approval. • Design Guidelines/Site Plan review. 1. The preliminary and final plat shall be subject to review and approval of the City Engineer and City Attorney. All vacation of easements and creation of new easements shall be subject to review and approval of the City Engineer and City Attorney. 2. The location of all access points from City streets shall be subject to the review of the City Engineer. 3. The site plan shall be subject to review and approval of the Fire Marshal. 4. The grading,drainage and utility plans shall be subject to the review and approval of the City Engineer. The drainage plans shall be subject to the review of the Browns Creek Watershed District. 3 II 5. Kwik Trip's traffic generation is anticipated to impact the 58th street intersection with County Highway 15. Kwik Trip shall be responsible for the costs associated with the installation of a right-turn lane onto or from County Highway 15 including all elements, appurtenances and adjustments related thereto on City streets and/or as may be additionally required by Washington County on County Highway 15 to accommodate those right-turn lanes. All installations shall be at the direction and timing as determined by the City Engineer followed establish roadway and engineering standards and when the City Engineer deems it is reasonably warranted. 6. An 8-foot trail along 58th Street shall be extended westerly from Minnesota Avenue North and around the corner to continue on 58th Street along the entire length of the Kwik Trip site. The trail shall be installed and paid for by Kwik Trip. A six foot walk along Minnesota Avenue North will be constructed and maintained by Kwik Trip. 7. The Applicant shall provide additional information to the City regarding noise levels from the car wash, subject to approval of the City. 8. All lighting fixtures shall be full cut off and installed in compliance with the lighting standards of the Zoning Ordinance. 9. The canopy light fixtures shall be full cut off and installed within the canopy structure. 10. The outdoor lighting shall be turned off one hour after closing,except for approved security lighting. 11. No strip lighting of the building,canopy or freestanding sign shall be allowed. 12. The landscape plans are subject to review and approval of the City Arborist. 13. All mechanical equipment on the roof or on the site shall be fully screened in accordance with the provisions of the Zoning Ordinance. 14. All signage shall be subject to final review and approval of City Staff for conformance with Zoning Ordinance standards. 15. The Applicant shall clarify the amount of signage and type of signage on the gas pumps. 16. All signs shall be designed to comply with the Zoning Ordinance requirements for internal illumination. 17. Only ice and propane sales in locked enclosures shall be allowed for outdoor sales. 4 18. The Planning Commission recommends and the City Council approves the plans for building ground level expression, facade transparency, building materials and general building design and determined compatibility with the Design Guidelines. 19. The Planning Commission and City Council agreed that the franchise design of the building is in keeping with the Design Guidelines. 20. A bike rack shall be provided near the front entrance of the building. 21. The Applicant shall provide a snow removal plan or indicate if the snow will be hauled off site. 22. Any announcements or music from the fuel pump audio systems at each of the pump islands shall not be audible off of the Kwik Trip property lines. 23. Applicant is requesting the City to build Minnesota Avenue North to its property and requesting special assessment financing. Applicant agrees to the determination of benefit as provided by the City Engineer and agrees to an assessment of the full benefit over a one-year term at 5%per annum. Applicant also waives notice of assessment under Minn. Stat. 429.061 and waives rights to appeal under Minn. Stat 429.081 Approved by the City Council of the City of Oak Park Heights this 27th day of June, 2016. 411.4Mar M %oomb r, Mayor ATTE i. Pr- lc A. J,. nson, City Administrator 5 ATTACHMENT A B-3 District Text Amendment (Allowing Motor Fuel Stations & Car Washes) Conditional Use Permit (Motor Fuel Station & Car Wash Use), Conditional Use Permit (Signage & Exterior Storage), Preliminary & Final Plat, Design Guidelines/Site Plan Review Kwik Trip Store#111 Washington County GEO Code: 04.029.20.13.xxxx Legal Description: Lot 1, Block 1, Oak Park Station Second Addition Physical Address: 58th St. N. & Minnesota Ave. N. 1 ATTACHMENT B B-3 District Text Amendment (Allowing Motor Fuel Stations & Car Washes) Conditional Use Permit (Motor Fuel Station & Car Wash Use), Conditional Use Permit (Signage& Exterior Storage), Preliminary & Final Plat, Design Guidelines/Site Plan Review Kwik Trip Store#111 Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets/20 I1 X l 7 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (500' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal Description(s) Meeting With City Staff Upon Application Submittal: May 25, 2016 Planning Commission Review & Recommendation: June 9, 2016 Conditional Use Permit - Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure,addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b)