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CUP 87-04 s, ^ CITY OF HOPKINS Application for: Amendment of Zoning Ordinance Date: y��,g �_`"-j"� Concept Review Condi ti onal Use Permi t � Case No:�C'�f�' ��;�- �� Subdivision Approval _�7U Va r i a nce Fee: ��.-- Waiver of Platting Requirements Date Paid: ��- .�- 5'J Z�' ,��- �; 1. Street Location of Property: f �.�p�?��y "� /� /.���- - 2. Legal Description of Property: 3. Owner: Name Address Phone � 4. Appl icants Name:����1���.1,C�� Address2=�;�, �-,�:L,d�tii,�/Phone = ���/�C� i � 5. Description of Request: , ��'-� � �i,/a• -,-,/ � � " �:� � - •--,�2 , �,L. �'G � � ; G�L .�' -�— --� - Zoning District Use 6. Present Proposed 7. Present Proposed :�-,� �c�- 8. Reason for Request � ,� �/�Z��i��G'��- � 9. What error, if any, in the existing Ordinance would be corrected by the proposed amendment? (for Zoning Ordinance amendment only) 10. If request is for a variance, what hardship would justify approval (see 427.04(108) of the Zoning Ordinance). 11. Exhibits submitted: f�ap or plat showing the lands proposed to be changed Other -�?_. Acknowledgement and Signature: The undersigned hereby represents upon all of the pen- alties of law, for the purpose of inducing the City of Hopkins to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Hopkins and the laws of the State of Minnesota. � Si gnature of Appl i cant: /_ L�l-�' Siqnature of Owner: -�.' ���� _ ____ RECORD OF ACTION TAKEfJ BY PLANNING & ZONING COMMISSION Date: 3-31-87 Application for Conditional Use Permit � CASE N0: CUP87-4 PLANNING COMMISSION RECOP1MENDATIONS On the 31 day of March 19 87 , the action requested in the foregoing petition was approved ( � disapproved subject to the following conditions: 1. Permanent parking easements are obtained, recorded and a copy t the ity. 2. Prior to review by Council , northerly access point on llth e. e r ign o restrict it to an entry only drive, and should this not be accompl to ' fa 'on of staff, driveway would be eliminated. Chairman: CITY COUNCIL ACTION Approved X Denied by the Council this 2 day of June 19 87 Approved with following amendment: Approved revised plan with the Condition (1) That the northerly access point be an ingress only. Resolution No. 87-24 C 1 e r k: �� ���� `���-2 � Following to be filled in by City Action of City Officials Chronolo Date B - Rec'd by Bldg Dept. Published by Bldg Dept. On P1 . Comm. Agenda 2/24/87 JK P1 . Comm. Postponement 3/31/87 at request of applicant P1 . Comm. Action 3/31/87 JK Recommend to Council approval of CUP with conditions as stated above. 5/26/87 JK Recommend approval of revised plans Res.87-24 On Council Agenda 4 7 87 JK Council Postponement 4/21/87 , JK Referred back to Z & P � � � Council Action 6�2�8� ` JK Approved revised plan - Resolution 87-24 �..� NOTE: A Conditional Use Permit shall expire one year after it has been issued unless the use for which the permit has been granted is in effect, except that, upon written application of the owner of the effected land for which Lhe permit was granted prior to the end of said year may request and the Council may grant an extension not to exceed one year. ,� RESOLUTION N0: 87-24 CITY OF HOPKINS HENNEPIN COUNTY , MINNESOTA RESOLUTION MAKING FINDINGS OF FACT AND APPROVING APPLICATION FOR CONDITIONAL USE PERMIT CUP87-4 WHEREAS, an application for a Conditional Use Permit entitled CUP87-� has been made by Jaok Welch Por a Conditional Use Permit to eonstruet a convenienee store and ear wash at the southwest aorner of 7th Street & 11th Avenue South. WHEREAS , the prooedural history of the application is as Pollows : 1 . That an applieation Por Conditional Use Permit CUP87-4 was filed with the City of Hopkins on February 2 , 1987 . 2 . That the Hopkins Planning Commission reviewed such application on February 24 , 1987 . 3 . That the Hopkins Planning Commission , —' pursuant to published and mailed notices , held a public hearing on February 24 , 1987 ; all persons present at the hearing were given an opportunity to be heard . Reviewed the revised plans on May 26 , 1987 . � . That the written aomments and analysis oP the City Staff and the Planning Commission were considered . NOW THEREFORE BE IT RESOLVED , that the Hopkins City Counoil makes the folloWing Findings of Faet in respect to CUP87-u : 1 . The proposed plan meets the requirements for a motor Puel station . 2 . The proposed plan meets the requirements for a car Wash. 3 . That a motor fuel station and car wash are permitted uses in a B-3 District . BE IT FURTHER RESOLVED , that application for Conditional Use Permit CUP87-4 is hereby approved sub�eet to the following Conditions : ^ 1 . That the northerly access point be an ingress only. Adopted this 2nd day of June , 1987 . Ellen Lavin , Mayor Citv Counci [ Report May 27 , 1987 CONDITIONAL USE PERMIT - CONVENIENCE STORE/CAR WASH 11th Avenue South � 7th Street PURPOSE: To review and recommend action on a Conditional Use Permit to construct a convenienee store/car Wash. BACKGROUND: See staff report to the Zoning and Planning Commission. The proposed site plan is the result of input from Benshoof & Associates that xould allow for a right-in only at the northerly ingress on 11th Avenue . Mr. Ogren appeared before the Commission . He reviewed the neW plans before the Commission and noted that the car Wash has been reduced from a u-bay car wash to a ^ drive-thru. He stated the northerly ingress on 11th Avenue will be a right-in only and provide staeking for two cars . The northerly ingress will provide the minimum safety standards. RECOMMENDATION: The Commission recommended unanimously to approve the Conditional Use Permit with the following Findings of Faet and Conditions : 1 . The proposed plan meets the requirements for a motor fuel station . 2 . The proposed plan meets the requirements for a car wash. 3 . That a motor fuel station and car wash are permitted uses in a B-3 District . Conditions: 1 . That the northerly access point be an� ingress only. Respectfully submitted , � -� Naney . Anderson Commu ty Development Analyst ---- � N O. 87-117 --� �P[annin� Cornmission Report� CONDITIONAL USE PERMIT CONVENIENCE STORE/CAR WASH PLANNING COMMISSION REPORT: CUP87-4 MAY 21 , 1987 PURPOSE: To review and recommend action on a convenienee store/car wash. BACKGROUND• Name of Applieant : Jack Weleh Address of Property: Southwest corner of 11th Avenue and 7th Street South. Present Zoning: B-3 Reason for Request: To construct a eonvenience store and car wash. Nature of Request : Ordinance requires a Conditional Use Permit for construction over ^ $75 ,000 . The applicant appeared before the Commission on March 30th with a request to build a convenience store and four bay car wash. The Commission approved this request with the condition that the northerly access point on 11th Avenue be redesigned to restrict it to an entry only drive , and should this not be accomplished to the satisfaction of the staff, this drive would be eliminated . The City Council was also concerned with the northerly ingress/egress on 11th Avenue South . Benshoof & Associates were hired as consultants to review this ingress/egress on 11th Avenue . They recommended that the northerly ingress/egress on 11th Avenue be eliminated . That also noted that it might be possible to have a right-in only at this point if the site were re-designed . The City Council agreed with the report and sent them back to the Zoning & Planning Commission for review. With the idea of keeping the northerly access point as a right-in only , the applicant has submitted a new site plan . The new plan has eliminated the four bay car wash on the west side � - No. CUP87-4 Page 2 ^ of the site and moved the store to the west . The car wash is a one bay automatic drive-through. The site has already received approval for an eleven bay car wash. This site plan would negate that Conditional Use Permit . ANALYSIS: The applicant will not be subdividing the site as previously requested . The front lot line will now be 11th Avenue South. The following is a listing of the proposed development and ordinance requirements : B� Proposed Lot Area 3 ,000 sq. ft . 39 ,047 approx. Lot Width 25 ft . 183 ft . Front Yard 10 ft . 24 ft Side Yard 0 ft N 72 ft . S 10 ft . Rear Yard 15 ft 20 ft . Bldg. Height �5 ft . 16 ft . approx. Parking 15 15 F .A. R. 1 .5 . 14 approx. Car Wash stacking 3 6 ^ There will be three ingress/egress aecesses and one ingress only aecess to the site . The access points on 7th Street will be used for in/out traffic . The northerly access point on 11th Avenue is a right-in only while the southerly access point is an in/out . Appropriate signage will be placed on the northerly ingress on 11th Avenue to restrict egress . Sidewalk will be constructed along both 7th street and 11th Avenue . The parking area for the convenienee store will be located on the northerly part of the site . This parking loeation will allow customers not getting gas an opportunity to park without interfering with the gas customers and vis-versa. The landseape plan shows a variety of plantings . A row of trees will divide the subject site from the adjacent shopping center. A hedge will be located along 7th Street . The ordinanee requires 15 plantings . The applicant will meet the requirements . The proposed plan shows 2 pump islands covered with a ^ 60x6o canopy. The islands will be 50 feet long. The applicant at the time of the report did not know the CUP87-4 Page 3 ^ number of gas pumps per island . Specifie plans detailing the number of pumps will have to be presented . The applicant is required to have six stacking spaces per island . The applicant appears to have the required stackinq. The site is surrounded by a small shopping center to the south , an empty lot to the west , Westbrooke condominiums to the east and an industrial distriet to the north. The site plan is showing two signs , one on the northeast corner of the site and the other along 11th Avenue . All signage will be reviewed when the applicant requests a sign permit and will be required to meet the sign ordinanee . The delivery area for the store will be next to the car wash stacking. This area is separate from the other activities on the site . The Director of Engineering has reviewed the site plan and noted that the plan shows 6/ 12 curbing around the � site , 6/18 curbing is required . The draina�e will remain the same as the previous site plan . The exterior of the building will be brick . The Fire Marshal has reviewed the site plan and found it aceeptable at this time . Benshoof & Associates have reviewed the new site plan and has found that the new site plan will meet minimum requirements . The applieant has done everything to satisfy the coneerns of the staff with the northerly ingress on 11th Avenue . Although the necessity of the northerly access on 11th is questionable , the applicant has revised the plans to a point where it is a safe access with minimum confliet points . No variances are required with this site plan . The applicant has indicated that the site would not meet their needs if the northerly aecess on 11th Avenue is not approved for ingress only , at a minimum. ALTERNATIVES• 1 . Approve . the Conditional Use Permit ^ 2 . Deny the Conditional Use Permit CUP87-4 Page 4 ^ 3 . Approve the Conditional Use Permit with the condition that the northerly ingress is closed . � . Continue for further information RECOMMENDATION: I recommend Alternative �1 . The following are Findings of Fact and Conditions should the Commission recommend approval : 1 . The proposed plan meets the requirements for a motor fuel station . 2 . The proposed plan meets the requirements for a car wash 3 . That a motor fuel station and car wash are permitted uses in a B-3 district . Conditions : 1 . That the northerly access point be an ingress only. Respectfully submitted , :�� ^ �., Nancy Anderson Communi y Development Analyst � MEMORANDUM DATE: May 5 , 1987 T0: Honorable Mayor & City Council FROM: Steven C. Mielke , Community Development Director SUBJECT: Convenienee Store/Car Wash CUP Application — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — The applicant for the Conditional Use Permit for a Convenience Store/Car Wash is requesting that the City Council refer the item back to the Planning Commission for their May regular meeting . As outlined in the packet information , the northerly access point on 11th Avenue to the proposed convenience store site is not being recommended for approval by the traffic engineer hired by the City to conduct the site review. The ^ applicant has indicated , at this point , that the lack of entrance at that point is unacceptable and would not be pursuing the pro�ect without at least a right-in on that site . The traffic engineer has indicated that it may be possible to allow a right-in only on the site if the car wash was eliminated and the entire site plan moved further to the west . Since this would require a substantial ehange to the site plan , staff has recommended to the applicant that it be referred back to the Planning Commission with new submittals and a new staff report , therefore , referring it back to the Planning for review and recommendation to the City Council . This would allor+ for the proper channels to be followed in analyzing this new request . � r� MEMORANDUM DATE: April 29 , 1987 T0: City Council FROM: Nancy S. Anderson P�,�A SUBJECT: Traffic Analysis for Proposed Minute Man Development — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — � At the April 7 City Council meeting , there was a concern by the staff, Council and CCDC of the necessity/desirability of the northerly access on 11th Avenue for the proposed convenienee store/gas station . Sinee that meeting , Benshoof & Associates did a traffic study addressing the necessity/desirability of the northerly access on 11th Avenue . Basically the analysis indicates that the northerly access on 11th Avenue should be eliminated . The staff concurs with this reeommendation . The Conditional Use Permit should not be granted unless the applicant agrees to the elimination of the northerly ingress . As of the date of this memo the applieant has not indicated if he will close the northerly access on 11th Avenue . .--�