HomeMy WebLinkAbout13.A.1. Uphold Board of Adjustments and Appeals Approval of CUP for Kwik Trip-Res. No. 6399
13.f1./.
CITY OF SHAKOPEE
Memorandum
CASE NO.: 06-040
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Mark Noble, Planner II
RE: Appeal of the Board of Adjustment and Appeals Determination on a
Conditional Use Permit for Kwik Trip, Inc., proposed at Crossings
Boulevard and County Road 18
DATE: April 18, 2006
INTRODUCTION
Lisa Masica, resident of the Riverside Fields subdivision, has filed an appeal ofthe Board of
Adjustment and Appeals (BOAA) decision concerning a conditional use permit (CUP) for a 24
hour Kwik Trip gas station/convenience store/car wash proposed at the northwest comer of
Crossings Boulevard and County Road 18.
The Board of Adjustment and Appeals helda public hearing on the CUP request for Kwik Trip
at its March 9,2006 meeting, and by a 6-1 vote, the Board approved the CUP request, with
revised conditions. The Board determined that the request did meet all of the criteria required
for granting the CUP, subject to the revised conditions. Kwik Trip had submitted revised plans
to staff just prior to the Board review of this request, having made. a number of changes that
addressed staff and neighbor concerns.
On April 4, 2006, the City Council voted 4-1 to uphold the determination of the Board of
Adjustment and Appeals regarding the requested CUP for Kwik Trip, Inc., with revised
conditions, and directed staff to prepare a resolution consistent with their vote for review at their
April 18th meeting.
After the April 4th meeting, staff was made aware that the K wik Trip constructed in Prior Lake
(comer of County Road 83 and County Road 42) was approved with a number of conditions,
including conditions that the store operate between the hours of 5 :00 a.m. and midnight, and that
the car wash and deliveries be allowed to operate/occur between the hours of 6:00 a.m. and 10:00
p.m. Staffwanted to share this information with the Council as it previously was staff's and the
Council's belief, as represented by the Kwik Trip applicant, that they did not have other stores
that were not 24 hour operations. Should the Council wish to reconsider any ofthe listed
conditions, they should offer their recommendation and vote accordingly.
ALTERNATIVES
1. Approve Resolution No. 6399, a resolution upholding the determination of the Board of
Adjustment and Appeals, as presented.
2. Approve Resolution No. 6399, a resolution upholding the determination of the Board of
Adjustment and Appeals, with revised conditions.
3. Uphold the appeal ofthe applicant, thereby denying the requested CUP, and direct staff
to prepare a resolution for the Council's consent agenda that is consistent with that
decision.
4. Table action on the appeal for additional information.
ACTION REQUESTED
Offer a motion approving Resolution No. 6399, as presented with revisions, and move its
adoption.
g:\cc\2006\04-18\appeal kwiktripCUP .doc
RESOLUTION NO. 6399
A RESOLUTION OF THE CITY OF SHAKO PEE UPHOLDING THE BOARD OF
ADJUSTMENT AND APPEALS DETERMINATION REGARDING
A CONDITIONAL USE PERMIT FOR PROPERTY AT OUTLOT B, RIVERSIDE
FIELDS 1 ST ADDITION (PROPOSED KWIK TRIP AT CROSSINGS BOULEVARD
AND COUNTY ROAD 18)
WHEREAS, Lisa Masica, applicant, has filed an application for an appeal of a
determination by the Board of Adjustment and Appeals under the provisions of Chapter 11, Land
Use Regulation (Zoning), ofthe City of Shakopee City Code, Section 11.90 (Appeals); and
WHEREAS, the subject parcel of land is presently zoned Planned Residential District
(PRD); and
WHEREAS, the subject parcel ofland for which the request is being made is legally
described as:
Outlot B, Riverside Fields Ft Addition; and
WHEREAS, on March 9, 2006, the Board of Adjustment and Appeals (BOAA)
conducted a review regarding a CUP request to allow a freestanding sign at the proposed Kwik
Trip site, located at the comer of Crossings Boulevard and County Road 18, at which it heard
from the Community Development Director or his designee and invited members of the public to
comment; and
WHEREAS, the BOAA approved the CUP request at their March 9, 2006 meeting; and
WHEREAS, the applicant timely appealed the determination of the Board of
Adjustments and Appeals; and
WHEREAS, the City Council reviewed the appeal of the applicant at their meetings of
April 4, 2006 and April 18, 2006; and
WHEREAS, the City Council's reached the following findings with respect to the
request:
NOW THEREFORE, BElT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE, MINNESOTA, AS .FOLLOWS:
Finding No.1:
A. The property is abutted by a major road (County Road 18) on the east, vacant land
on the north that is planned for neighborhood commercial development, a proposed commercial
site on the west, and Crossings Boulevard, a collector street, on the south. Residential properties
are located south of Crossings Boulevard.
B. Vehicular traffic from the development will not further burden traffic in the
residential neighborhoods because all the traffic will enter and exit the property off of Crossings
Boulevard and via streets located on the commercial portion. That traffic pattern was previously
contemplated by the City Council when it approved the residential development and required the
developer to eliminate a through street from the residential development through the commercial
portion.
C. Any potential noise or other impacts of the residential neighborhood can be
addressed via conditions in the Conditional Use Permit.
D. The redesign of the median on Crossings Boulevard will allow semi trucks to exit
onto Crossings Boulevard in a safe manner. It is anticipated that only one such truck per day
will be servicing the facility.
E. Although concerns from some of. the nearby residents have . been raised
concerning diminution of property value, no empirical data has been submitted to the City
Council to support such a conclusion. The City's experience with respect to similar situations
has been that a facility such as the one proposed has not adversely impacted property values in
nearby residential areas.
F. To accommodate any potential effects on residential neighborhoods, the applicant
has agreed to orient the site so that the gas pumps are located as far as practically possible from
the residential properties on the south side of Crossings Boulevard. In addition, the car wash
facility is located at the most northerly end of the property and the hours of operation for that
facility will be limited.
Finding No.2:
A. The property located north of the proposed facility is yet to be developed. The
zoning for that property requires neighborhood commercial development and there is no reason
to believe that a facility such as the type being proposed will impede development of the future
commercial portion.
B. The City Council has previously approved the development of the nearby
residential property have already been approved by the City Council. Numerous homes have
been constructed and residents have moved in. The construction of a gasoline and convenience
store will not impede the development of the surrounding residential property.
C. Any potential issues concerning the orderly development and improvement of the
surrounding property can. be adequately addressed through conditions in the Conditional Use
Permit, such as limiting the hours of operation of the car wash and delivery times, use of outdoor
microphones at the pumps and landscaping/screening the business from the residential
properties.
D. Potential health issues associated with living close to a gas station are not
supported by the facts. The nearest residential property will be located approximately 260 feet
from the gasoline pumps. The City has not received any health complaints from existing
residential developments that are located near gas stations.
E. The development will not have any noise or light pollution impacts on the
surrounding area. The site plan complies with the City's light standards and the operation of the
facility must comply with the City's noise regulations.
Finding No.3:
A. The streets that will provide vehicular access to the site have been designed to
accommodate the anticipated traffic demand from the development. The other public
infrastructure exists to adequately serve the facility.
B. The applicant has provided a traffic study analyzing the traffic impacts and truck
turning movements to and from Crossings Boulevard. Traffic concerns have been adequately
addressed in the conditions of the Conditional Use Permit.
Finding No.4:
A. Retail and service uses are a permitted use within the neighborhood commercial
zone. Gasoline stations are a conditional use. Neighborhood commercial development is a
conditional use in the PRD zoning district.
Finding No.5:
A. The comprehensive plan guides the property for commercial use, which is the use
being proposed for the site.
NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the decision of the
Board of Adjustments and Appeals is hereby upheld, and the request for a CUP for a gas
station/car wash is hereby approved, subject to the following conditions:
1. The site shall be developed consistent with the revised site/landscape plan (dated 312/06) and
revised elevation drawings (dated 317/06), except as specifically noted in the following
conditions.
2. Shall comply with design standards of the Planned Residential District (PRD) Zone/
Neighborhood Commercial Zone.
3. Shall comply with the applicable design and performance standards specified in the City
Code.
4. Approval of the CUP does not constitute any approval for signage on the site. Any
applicable signage shall require an approved sign permit.
5. Shall be screened from any adjacent residential zone.
6. Shall not store any vehicles which are unlicensed and inoperable on the premises, except in
appropriately designed and screened storage areas.
7. Shall not conduct automotive repair, assembly, disassembly, and maintenance of vehicles,
except minor maintenance such as tire inflation, adding oil and wiper replacement.
8. Shall not have a public address system which is audible from any residential property, nor
shall it be operational after 11 :00 p.m. and before 7 :00 a.m.
9. Shall provide stacking for gas pumps for at least one car beyond the pump island in each
direction in which access can be gained to the pump. The required stacking shall not
interfere with internal circulation patterns or with designated parking facilities, and shall not
be located in any public right-of-way, private access easement, or within the required parking
setback.
10. Shall not sell, store, or display any used vehicles.
11. May have a canopy which projects up to ten feet into the required front or rear yard setback.
The setback shall be maintained clear of all obstruction up to a height of thirteen feet. The
canopy shall have a maximum vertical thickness of three feet. The canopy shall have a
maximum height of 18 feet.
12. Shall be located adjacent to an arterial street as identified in the comprehensive plan.
13. Shall be screened from view from residential zones.
14. Shall utilize a water conservation or recovery system.
15. Shall provide stacking for at least three (3) vehicles per aisle. The required stacking shall not
interfere with internal circulation patterns or with designated parking facilities, and shall not
be located in any public right-of-way, private access easement, or within the required parking
setback.
16. Prior to any work within the City of Shakopee's or Scott County's right-of-:way, the
applicant shall obtain the appropriate permit(s).
17. Prior to any site work, the applicant shall obtain a grading permit and/or building permit.
18. The approval of the CUP shall be subject to certain conditions imposed upon the Southbridge
Fields preliminary plat and final plat. Revisions shall be made as required.
19. The developer/property owner(s) adjacent to any modifications to the existing infrastructure
required as a result of conditions imposed upon the preliminary plat and final plat of
Southbridge Fields shall be responsible for the associated costs.
20. All modifications to the existing. infrastructure required as a result of conditions imposed
upon the preliminary plat and final plat of Southbridge Fields shall be completed prior to
building permit issuance.
21. The applicant shall provide a detailed traffic study analyzing the impacts this proposed use
will have on adjacent streets.
22. The applicant shall provide drawings and information showing truck turning movements to
and from Crossings Boulevard.
23. The existing right-in/right-out intersection at Crossings Boulevard and the first access to the
Southbridge Fields commercial development shall be modified to a right-in only.
24. The building permit applicant shall be responsible for payment of all Trunk Storm Water
Charges and Trunk Storm Water Storage and Treatment Charges, as required by the most
current City of Shakopee Fee Schedule.
25. The storm sewer design for the site shall be subject to City of Shakopee approval at the time
of the building penriit review. The design shall adhere to the previously approved storm
water management plan for the area.
26. The approval of the CUP does not constitute approval of the submitted drawings.
27. Access points to Crossings Boulevard shall be determined at the time of final plat approval of
Southbridge Fields.
28. The applicant/property owner shall be responsible for all future improvements to Crossings
Boulevard.
29. The project shall comply with all applicable building and fire code requirements.
30. Water service plans shall be coordinated with Southbridge Fields plans, and shall comply
with Shakopee Public Utilities requirements.
31. City licenses would be required for sale of beer and tobacco products.
32. The applicant shall provide 6 inches of topsoil below areas to be sodded. The soil
composition should be similar to the MnDOTtopsoil borrow requirements.
33. The applicant shall provide rain sensors for any irrigation systems.
34. Erosion control silt fence shall be installed prior to any grading/construction on site. The
fence shall be removed following establishment of permanent vegetation.
35. The applicant shall plant a diversity of tree species to reduce the impacts of potential tree
diseases or epidemics that may occur in the future. Recommended tree species to utilize in
this area are:
a. Hackberry (Celtis occidentalis)
b. Northern Catalpa (Catalpa speciosa)
c. Bur Oak (Quercus macrocarpa)
d. Red Oak (Quercus rubra)
36. The applicant shall implement the use of Best Management Practices for erosion control and
stormwater management during construction.
37. Install plantings consistent with City Code requirements. Plantings located over utility
services and/or easements shall be relocated to avoid conflict with those areas.
38. The hours of operation for the car wash and deliveries shall be between 7:00 a.m. and 11:00
p.m. \
39. The southernmost driveway access to the site shall be eliminated.
40. The median located at Crossings Boulevard and the first access to the Southbridge Fields
commercial development shall be designed to include an at grade curb opening to provide for
an accessible pedestrian and non-motorized traffic crossing.
41. The gas island canopy shall utilize brick columns in its construction.
42. The number of pumps shall not exceed eight (8) and the number of fueling stations shall not
exceed 16.
Adopted in session of the City Council of the City of Shakopee, Minnesota,
held the _ day of , 2006.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Caselog # 06041
SITE DATA: NOTES: ....,
~ - CONTRACTOR SHALL OBTAIN ALL NECESSARY PERMITS FOR PLANTING IN ALL .
ZONING OISTRICT: PRO . R.O.W.
12e-I\~o -S ,....... V - LANDSCAPE CONTRACTOR SHALL VERIFY ALL UTILITIES WHICH MAY EFFECT HIS __ ~~
TOTAL SITE AREA, 81,~20 SF 174,810 SF WIO R.O.W.I . ,. I .... WORK.
. CONTACT GOPHER STATE ONE-CALL
EX. HARDCOVER: UNDEVELOPED 651-454-0002 {METROI
PROPOSED GREEN AREA. 28208 SF ~4% 800-282-1166 {MINNESOTA TOLL FREEl 7J'
PROPOSED HARD COVER: 49'~02 SF 66% - LANDSCAPE CONTRACTOR SHALL COORDINA.TE HIS WORK WITH OTHERS AT SITE ~~rp
PAVED AREA. . 42'282 SF 87% AND COMPLETE HIS WORK PER OWNERS CONSTRUCTION SCHEDULE.
BUILDING AREA, 7050 SF 9% - ALL PLANT MATERIALS SHALL BE GUARANTEED ONE 111 FULL rEAR UPON TOTAL
C-HORE = 8284 SF COMPLETION AND ACCEPTANCE BY OWNER, WITH ONE TIME REPLACEMENT AT
CAR WASH = 1766 SF APPROPRIATE TIME OR UPON REQUEST OF OWNER. _
- REPLACEMENT TOPSOIL SHALL BE CLEAN, FREE OF STONES, WEEDS, AND OTHER./ /. //[:0/
UNDESIRABLE OEBRIS. / /:... /-/r'?30/?./
- PLANTING SOIL MIX {INCIDENTAL COST ITEM! / /
t MIX 1 LB. 8-20-20 COMMERCIAL FERTILIZER PER CU. YD. TOPSOIL ........ /5 ~O/R/c: 5
2. THOROUGHLY MIX I-PART SAND AND I-PART PEAT MOSS WITH 8-PARTS // /
3 I SLIM JIM SCOTCH PINE 'lr?\ FERTILIZER AND TOP SOIL
- UsE PLANTING SOIL AT ALL LOCATIONS PER DETAILS THIS SHEET.
14J MICROBIOTA ;= ~NL::~~~i:Ng~NTRACTOR SHALL VERIFY TOPSOIL DEPTH AND NOTIFY OWNER OF
, - SOD SHALL BE CULTURED WITH PREDOMINATELY KENTUCKY BLUEGRASS SEED Of
21 1 TANNENBAUM MUGO PINE 341 ENDLESS SUMMER HYDRANGEA RECENT DISEASE RESISTANT INTRODUCTIONS. NO GUARANTEE ON SOD EXCEPT . WIX
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101 RED JEWEL CRABAPPLE 521 MINT JULEP JUNIPER AND GREATER. . *'
I - EXISTING TREES, AS SHOWN ON THIS PLAN, SHALL BE PROTECTED DURING ALL
PHASES OF CONSTRUCTION. STAKE HIGH VISIBILITY POLY fENCING AROUND EACH
~ I NORTHERN PIN OAK TREE AT DRIP LINE. REMOVE DAMAGED, DISFIGURED, AND DESEASED BRANCHES. iT)
, PRUNE FOR HEALTHY GROWTH HABIT.
1 1 FJ-=-\r ~ ,r=E).. SOD - WHERE EXISTINGCONCRETEI ASPHALT AREAS ARE TO BE REPLACED WITH
II/' v S LANDSCAPING, PROVISIONS SHOULD BE TAKEN TO COORDINATE EXCAVATION OF
1 1 /I D 0 D SUBSOIL TO A DEPTH OF 2' WITH GRADING CONTRACTOR. REPLACE WITH
1 ~~ ----d2.Q..C~--. .~f--- ------------------------------- ---- ---- --- -----, COMPACTED TOPSOIL. ALL AREAS TO BE LANDSCAPED AND SODDED SHALL BE
~ ~)i ~ ~~ t:"f.'Jl'~ I GRADED SMOOTH AND EVEN.
1 1 /\ '- " \ . \ ) 'l.'.A:A.. Y.'\ , .. , _ LANDSCAPE CONTRACTOR IS RESPONSI8LE FOR SODDING ALL AREAS WHICH ARE
1 1 ~ <:f ~ SOD ^ ')/ )Lj /\"-, { i(\') ~ /\':;, 1\ >- ~~. " . ~ ' . , I DISTURBED BY CONSTRUCTION INCLUDING ALL R.O.W. AND ADJACENT PROPERTIES.
=-- - - - I 1 ~ / ~ ( '~ r \L-l 7 )L1; t )L-J ( I ~j.k __ ' I - LANDSCAPE CONTRACTOR TO INSTALL 'VALLEY VIEW', "BLACK DIAMOND" EDGING KWIK TRIP I
______n___n 1 1 1 111.1'.1' ~1'1'.".w/ .W I~ I ~1'.1"1' "f" 1-' , AROUND ALL PLANTING BEDS AS SHOWN ON THIS PLAN. , nc.
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1 1 1 I .l OR EDGING AROUND ALL TREES AND SHRUB BEDS. 1626 OAK STREET
1 I 1 ~. ~ I 1 I BOULEVARD LINDEN 4" DEPTH SHR ~. ~~' ' \r..~ - GRAVEL MULCH SHALL BE 1'" DIA. WASHED "RIVER ROCK". INSTALL 4" DEPTH LACROSSE WI 54602-2107
I I Il>i 1 I SHRUB AREAN jo( . WITH APPROVED WEED FABRIC BARRIER IF INDICATED PLAN. '
1 I. 1 ~~*~~~N Mp~'tN .':' - LANDSCAPE CONTRACTOR IS RESPONSIBLE FOR IRRIGATION SYSTEM DESIGN AND PH. 16081 781-8988
I 1 1 . . ':' C/ INSTALLATION PER CITY LANDSCAPE SPECIFICATIONS. DESIGN SHALL BE FAX (6081 781-8960
, 1 1 I - - - - - - - - I ,.)1: I APPROVED BY OWNER PRIOR TO INSTALLATION. IRRIGATION DESIGN SHOULD
: . ~ ~ . ODD 11010 I r-, r-' . ~ ENCOMPASS ALL LANDSCAPE AREAS WITH SOD ANDI OR PLANTINGS, FROM CURB
: 1 1 1 r - - - - - - - .. 1 7 : : :: I ':'i TO CURB. R.OW. SHOULD BE IRRIGATED FROM SPRINKLER HEADS LoeA TED WITHIN
! : : ~ I ~ 0 -~ I', (.21 ~@ g @{9\ I ~ ~ 'Ill ---< D L J ! I ! ~ I PROPERTY BOUNDARY. CARE SHOULD BE TAKEN IN VICINITY OF ALL WALKS AND INSITES
, ;rs- 1 <Il L_______-' , fJ "'-' -J .J::'i'o...~: - c_~ I >" DRIVES TO MINIMIZE OVER SPRAY. COORDINATE INSTALLATION OF ALL PVC SITEPlANN[NGU\NDSCAPEARCHITECfUm
I I ,I. 1 r - - - - - - - - - -, I _ _. SLEEVE UNDER DRIVE AREAS WITH GENERAL CONTRACTOR. 8905 'H" D'Iv<
1 l)y;l ,Ir ~, · I" (..}I . \: ~ I '7 - LANDSCAPE CONTRACTOR SHALL CLEAN ALL PAVEMENT AREAS AFTER ALL Ed." P,,[,I. M,,,,,,,o," 55437
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AREA NO FILTER I I I. 1 "I...."y, - - - - - - - - - -1 '.l ~ I ~'*"1~ ~ CONTRACTOR TO SWEEP PAVEMENT AREAS PRIOR TO TURN OVER TO OWNER.
F'ABRIC UNDER ORGAN It 1 ~ ~ 1 ~ I ~ '<1'''' 1 "(.;?r.;?1 1: 0 I ~ . I .1.. I hereby certiry thot this pion,
MULCHES. PROVIDE 1 I"" I jQI L__________.J 1[9@ @@) ~ ~ ~ [~D J ~ ~/.W>f$. PLANT MATERIAL . .peciricotio'l or report wo. prep?red
EDGING BETWEEN ( I "r:- I r-----I------, . ~ ; f ~~III~\~.~ by me or under my dlrectsupervl.!>lon.
PLANTINGS AND SOD. 1 I)JI 1 , (."1 , (.'}I J ~-\ [j I ~ ,lIg'''''''L QUANTITY SIZE ROOT COMMON NAME ond thot I am a duty licen.ed
I I I- L ~I J 0 '11 I ~ /~ TYPE BOTANICAL NAME Landscape Architect under the low& of
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DLARSON Date DEC 27, 05
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DLARSON Date. DEe 27, 05
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April 18, 2006 O,,0~
TO: Mark Noble
mnoble@ci.shakopee.mn.us
. City Planner
City of Shakopee
FROM: Scott J. Teigen
SUBJECT: Tonight's Council Meeting
Dear Mark:
I have reviewed your write-up for tonight's Council Meeting, and there are six.
items that need clarification:
1) Hours of Operation -We did not represent that we do not have
stores that are not 24 hours. We do have stores with limited hours and Prior
Lake is one of them. Our policy now is that we will not do stores that cannot
be open 24 hours. (We probably should have had that policy before the
Prior Lake approval.) It remains our stance that we must have 24 hours to
proceed with this project.
2) Finding No. 1 (D) - There will be one fuel transport (semi) per day in
addition to one grocery transport (semi) per day, and possibly a beer and/or
pop delivery transport per day. There will be more than one per day as
presently written.
3) Condition 5 - It is impossible to screen entirely from the residential area
across Crossings Boulevard, but we will get staff approval of the Grading and
Landscape Plan.
4) Condition 21 - Do you need any additional traffic study? It is my
understanding that this condition is now met.
5) Condition 28 - Does this tie into Condition 19 where we are responsible for
improvements adiacentto us? It does not seem fair that the City could decide
to rebuild Crossings Boulevard and ask us to pay for it. This seems to be
more for the developerthan for Kwik Trip.
6) Condition 42 -- ,We clarified this at the last Council Meeting that we would
reduce the number of fuel islands from 5 to 4. and the number of fueling
positions from 20 to 16. We cannot agree to only 8 pumps - our revised plan
.
.
with 4 islands will have 11 pumps versus the 13 pumps on our (5 island)
previous plan.
Thank you again for your consideration of these issues, and we look forward to
completing this project with you and having our second store in the City of Shakopee.
Very truly yours,
KWIK TRIP, INC.
Scott 1. Teigen
Chief Financial Officer
SIT Irs
cc: Sam VanTassel
Hans Zietlow
Steve Solteau
0lIlLDAIAL NQICS;
ZONING OI.TlICTl nl> .. COtn'UCTOlt IKAU. oaTA\" MJ,. tee9Ul11'9wm I"Oft 1'\.Alf11M9 IN AU. ..
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u HARDCCJII9l' ~PeD CONTACT GOPHeR 'TATe OHe-cALL ~,.
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APPftOPIl:IAT! TINe 011 UPON lleoueaT 0" OWNeft.
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ANT SOD NOT llATJ8l"ACTOJIlY AT me 0.. CO~TlOH lNDf"eeTlOH BHAU. De
e .. 'p PROMJ>TL T ftePLACeD PRIOR TO COYPLeTtON 01" .lOa. STAkI! SOD ON SLOpeS III :s
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