CR 2003-159 Conditional Use Permit-Gas Station 1702 MainstreetOctober 16, 2003 Hop K N S Council Report 03 -159
CONDITIONAL USE PERMIT — GAS STATION 1702 MAINSTREET
Proposed Action.
Staff recommends the following motion: Move to adopt Resolution 03 -95, approving a
conditional use permit to construct a gas station at 1702 Mainstreet.
At the Zoning and Planning meeting, Ms. Halverson moved and Mr. Hatlestad seconded a
motion to adopt Resolution RZ03 -19, recommending approval of a conditional use permit to
construct a gas station at 1702 Mainstreet without the rear yard setback variance. The motion
was approved on a 5 -1 vote. Mr. Thompson voted nay.
Overview.
At the September 2, 2003, City Council meeting, the City Council denied a rear yard
variance to construct a gas station at 1702 Mainstreet. The City Council continued the
conditional use permit to construct the gas station. Now the applicant has submitted a new
site plan with the 15 -foot rear yard setback.
The applicant, Todd Beugen, is proposing to construct a gas station at 1702 Mainstreet. The
subject lot is currently an empty lot that was previously a gas station. A gas station is
allowed as a conditional use within the B -3 zoning district. The applicant is proposing to
construct a 1763 - square -foot building in the southwest corner of the site and have three gas
pumps. The applicant owns the property to the south of this property.
Primary Issues to Consider.
• What is the zoning of the property, and how has the Comprehensive Plan
designated the subject site?
• What are the requirements for the conditional use permit?
• What are the specifics of the gas station?
• What was the discussion at the Zoning and Planning meeting?
Supporting Documents.
• Analysis of issues
• Site plans
• Resolution 03 -95
t am
Nanc'.. Anderson, AICP
Planner
Financial Impact: $ N/A Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
•
CR03 -159
Page 2
Primary Issues to Consider.
• What is the zoning of the property, and how has the Comprehensive Plan
designated the subject site?
The zoning of the property is B -3, General Business. A gas station is allowed as a
conditional use within the B -3 district. The Comprehensive Plan has designated this site as
Commercial. Both of these documents support the proposed use.
• What are the requirements for the conditional use permit?
Self - service station provided:
1. the site shall be constructed for drainage according to a plan submitted and approved
by the city engineer and fire marshal;
2. that entire site not covered with building or landscaping shall be hard surfaced;
3. the lighting shall be accomplished in such a way as to have no direct source visible
from the public right -of -way or adjacent land in the R district;
4. no driveway access shall be less that 40 feet from a street intersection;
5. any other businesses operated on the site shall conform to this code;
6. the site shall be constructed for parking and traffic according to a plan submitted and
approved;
7. stacking for gas pumps shall be provided 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 areas
and shall not be permitted on any public right -of -way, private access easement or
within the required parking setback;
8. the front yard shall be landscaped and shall be ten feet in depth. If the station is non-
conforming, a curb shall be constructed to separate the drive from the public walk.
The site plan is conforming to the above requirements.
• What are the specifics of the gas station?
Parking
The site is required to have 9 parking spaces. The proposed site plan indicates 10 spaces.
Stacking is also required for the gas pumps. The proposed site plan indicates the required
one car stacking. There will also be a lane next to the building to allow for delivery vehicles
and a parking area on the east side of the building for delivery vehicles.
Access
The proposed site plan indicates access to the site will be changed from Mainstreet and 17
Avenue. There are currently two access points on Mainstreet and 17 into the site. Access
CR03 -159
Page 3
on Mainstreet and 17 will be consolidated into, one 36 -foot access point on both streets.
Setbacks
B_3 " Proposed
Front yard 10 feet 56 feet
East side yard 0 52 feet
West side yard 0 0
Rear yard 15 feet 15 feet
Landscaping
The proposed site plan indicates landscaping on Mainstreet and 17 Avenue. The site will
be required to have nine plantings of the correct size. The site plans indicate six trees of the
correct size. The Council does have the ability to wave the additional plantings if parking
would be removed. Staff recommends that the six plantings be increased in size to a 3.5 -inch
diameter.
Public Works
The following are the comments of the public works department:
1. The site previously had underground fuel storage tanks. It is our understanding that
the tanks have been removed. Documentation should be provided showing testing be
preformed and no soil contamination exists on the site.
2. It appears the concrete driveway aprons are planned to be replaced. This work should
be done in accordance with standard plate STRT -6A.
3. It appears no NPDES permit is required as the site is less than 1 acre.
4. Contact Art Carlson for water service and sanitary service permit. Any abandoned
water services need to be cut off at the main.
5. Boulevard tree planting should be reviewed and approved by Ray Vogtman prior to
installation. Tree planting should be in accordance with City Standard plate SPP -12.
6. Storm sewer is proposed to connect to an existing catch basin at the southwest corner
of Mainstreet and 17 Ave. The depth of this storm sewer is very shallow and does
not provide sufficient cover over the proposed pipe. It appears there is a storm sewer
of sufficient depth in 17 Avenue that could serve the property. Our records indicate
the storm sewer in 17 Ave. flows south and is 27 inches in diameter. The minimum
acceptable storm sewer pipe diameter is 12 inches. Storm sewer in the public right -
of -way must be reinforced concrete pipe.
•
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CR03 -159
Page 4
7. Water quality treatment proposed for the site consists of two sump catch basins.
Typically, for this type of site redevelopment, a stormceptor or approved equal has
been installed in order to provide treatment that traps sediment as well as floatables.
A storm water management plan should be prepared detailing the effectiveness of the
treatment. Additionally a maintenance plan must be developed for periodic
maintenance of the treatment components. A legal document must then be recorded
with Hennepin County detailing the maintenance obligations of the property owner.
8, Provisions should be made in the drainage plan to contain a spill of fuel on the site.
9. Any utility cuts into pavement on 17 Avenue or Mainstreet shall be restored in
accordance with the City's right -of -way management ordinance.
10. Parking and building setbacks should be reviewed by planning for compliance with
zoning.
11. The site plan should show dimensions from the building, curb, and dumpster
enclosure to the lot lines.
12. The curb proposed along the west property line should meet the required setback of 2
feet from the property line.
13. A parking lot permit will be required from the Engineering Department for
construction
14. A Right-of-Way permit will be required from the Engineering Department for
construction,
15. A permit from Nine Mile Creek Watershed District is required for construction.
Trash
The trash area will be located on the south side of the building and enclosed, as required by
the ordinance.
Fire Marshal
The Fire Marshal has reviewed the preliminary plans and is concerned regarding the
placement of the pumps. There may be a problem with the far easterly pump because all
pumps must be visible from the person inside the building, and a car at the westerly pumps
may block the view.
Surrounding Uses
The site is surrounded by businesses to the north, south, east, and west.
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Page 5
Sidewalk
There are sidewalks on 17 Avenue and Mainstreet; both of these sidewalks will remain.
Exterior
The exterior of the building will be brick. There will be an accent band around the top of the
building. The windows will have awnings. A canopy above the gas pumps is proposed.
• What was the discussion at the Zoning and Planning meeting?
Ms. Anderson briefly reviewed the request because the variance discussion touched on most
of the site specifics. No one appeared at the public hearing regarding this item.
Alternatives.
1. Approve the conditional use permit to construct a gas station at 1702 Mainstreet. By
approving the conditional use permit to construct a gas station at 1702 Mainstreet, the
applicant will be able to construct the gas station as proposed.
2. Deny the conditional use permit to construct a gas station at 1702 Mainstreet. By
denying the conditional use permit, the applicant will not be able to construct the gas
station as proposed. If the City Council considers this alternative, findings will have to
be identified that support this alternative.
3. Continue for further information. If the City Council indicates that further information is
needed, the item should be continued.
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 03 -95
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING A CONDITIONAL USE PERMIT TO CONSTRUCT A GAS STATION AT
1702 MAINSTREET
WHEREAS, an application for Conditional Use Permit CUP03 -8 has been made by Todd
Beugen and Barry Goldstien; T.B.G. Properties;
WHEREAS, the procedural history of the application is as follows:
1. That an application for a conditional use permit was made by Todd
Beugen and Barry Goldstien; T.B.G. Properties on July 25, 2003;
2. That the Hopkins Zoning and Planning Commission, pursuant to mailed
and published notice, held a public hearing on the application and
reviewed such application on August 26, 2003: all persons present were
given an opportunity to be heard. The City Council continued the
Conditional Use Permit on September 2, 2003
3. That the written comments and analysis of City staff were considered; and
4. A legal description of the subject property is as follows:
The north 122 feet of Lots 6 and 7 and the east 25 feet of Lot 5, Block 2,
Boulevard Manor Addition, Hennepin County, Minnesota.
NOW, THEREFORE, BE IT RESOLVED that the application for Conditional Use
Permit CUP03 -8 is hereby approved based on the following Findings of Fact:
1. That the proposed use meets the requirements for a conditional use permit.
BE IT FURTHER RESOLVED that application for Conditional Use Permit CUP03 -8 is
hereby approved subject to the following conditions:
1. That the watershed district approves the proposed development if required.
2. That the public works department approves the final drainage, utility, and grading
plans.
3. That the applicant secures all the permits required from the Engineering
Department.
4. That the parking space adjacent to the west property is two feet from the lot line.
5. That the six plantings are increased to 3.5 inches in diameter.
6. That the fire marshal approves the placement of the gas pumps.
7. That the applicant signs a declaration that the property will remain in common
ownership as long as the proposed improvements exist or replat and pay any
attorney fees and or costs associated with this document.
Adopted this 21st day of October 2003.
ATTEST:
Terry Obermaier, City Clerk
Eugene J. Maxwell, Mayor
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October 16, 2003
Proposed Action:
Supporting Information
CITY OF
NOPKINS
Council Report 2003 -160
Staff recommends adoption of the following motion: Move to approve Resolution
2003 -97, Resolution 2003 -98 and Resolution 2003 -99 authorizing staff submittal of
environmental cleanup grant applications to Minnesota Department of
Employment and Economic Development, Metropolitan Council and Hennepin
County in conjunction with the proposed Knox Property /Luther redevelopment.
Overview
As part of the proposed redevelopment of the Knox Property site by Luther Company,
staff has been asked to support and submit grant applications for environmental
remediation to DEED, Met Council and Hennepin County. Each of these agencies
administers a separate environmental grant program (although joint applications are
often made to DEED and Met Council). Various forms of soil contamination exist on the
Knox Property which must be addressed before any development such as the one
proposed by Luther Company can occur. Grant funds from these programs would be
used for soil remediation and other necessary cleanup.
Applicants for the respective grant funds must be municipalities or other such agencies.
Therefore, Hopkins would act as the official sponsor and applicant for these programs.
Luther Company has hired Landmark Environmental to draft all applications and all
costs associated with the development of the applications will be paid by Luther
Company. There is no local match requirement from the City of Hopkins (Met Council
funds would, however, be used as a local match for DEED funding, if successful). The
deadline for the next funding cycle for all three programs is November 1, 2003. The
total amount of the three grant requests will be $912,000 with 75% ($684,000) of that
figure coming from DEED, 13% ($118,560) from the Met Council and 12% ($109,440)
from Hennepin County. At the time this report is being written, City staff is awaiting
receipt of current drafts of the applications.
• Resolution 2003 -97 Authorizing Application to DEED
• Resolution 2003 -98 Authorizing Application to Met Council
• Resolution 2003 -99 Authorizing Application to Hennepin County
Steven J!Stahmer
Assistant to the City Manager
Financial Impact: $ Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
•
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 2003 -97
RESOLUTION AUTHORIZING APPLICATION TO THE MINNESOTA
DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOMENT
CONTAMINATION CLEANUP GRANT PROGRAM, COMMITTING LOCAL
MATCH AND AUTHORIZING CONTRACT SIGNATURES
WHEREAS the City of Hopkins is a participant in the Livable Communities Act's
Housing Incentives Program for 2003 as determined by the Metropolitan Council,
and is therefore eligible to make application for funds under this program; and
WHEREAS the City has identified a clean -up project within the City at 250 5 St.
South for redevelopment by Luther Company that meets the purposes and
criteria of this program; and
WHEREAS the City has the legal authority to apply for financial assistance and
the institutional, managerial and financial capability to ensure adequate project
administration; and
WHEREAS the City certifies that it will comply with all applicable laws and
regulations as stated in the contract agreements; and
WHEREAS the City agrees to act as legal sponsor for the project contained in
the grant application submitted on November 1, 2003 and that City staff is hereby
authorized to apply to the Department of Employment and Economic
Development for funding this project; and
WHEREAS the sources and amounts of the local match identified in the
application are committed to the project identified; and
WHEREAS the City has not violated any Federal, State or local laws pertaining
to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful
or corrupt practice;
NOW, THEREFOR, BE IT RESOLVED, that upon approval of its application by
the state, the City of Hopkins may enter into an agreement with the State of
Minnesota for the above - referenced project and that the City of Hopkins certifies
that it will comply with all applicable laws and regulation as stated in all contract
agreements.
•
BE IT FURTHER RESOLVED, that the City of Hopkins Mayor and City Manager
are authorized to execute such agreements as are necessary to implement the
project on behalf of the applicant.
Adopted by the City Council of the City of Hopkins, Minnesota, this day
of , 2003.
ATTEST:
Terry Obermaier, City Clerk
Eugene J. Maxwell, Mayor
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 2003 -98
RESOLUTION AUTHORIZING APPLICATION TO THE METROPOLITAN
COUNCIL TAX BASE REVITALIZATION ACCOUNT
WHEREAS the City of Hopkins is a participant in the Livable Communities Act's
Housing Incentives Program for 2003 as determined by the Metropolitan Council,
and is therefore eligible to make application for funds under this account; and
WHEREAS the City has identified a clean -up project within the City at 250 5 St.
South for redevelopment by Luther Company that meets the purposes and
criteria of this account; and
WHEREAS the City has the institutional, managerial and financial capability to
ensure adequate project administration; and
WHEREAS the City certifies that it will comply with all applicable laws and
regulations as stated in the contract agreements; and
WHEREAS the City Council of Hopkins, Minnesota agrees to act as legal
sponsor for the project contained in the grant application to be submitted on
November 1, 2003;
NOW, THERFORE, BE IT RESOLVED, that the City of Hopkins city manager,
Steve Mielke, is hereby authorized to apply to the Metropolitan Council for
cleanup remediation assistance on behalf of the City of Hopkins and to execute
such agreements as are necessary to implement the project on behalf of the
applicant.
Adopted by the City Council of the City of Hopkins, Minnesota, this day
of , 2003.
ATTEST:
Terry Obermaier, City Clerk
Eugene J. Maxwell, Mayor
RESOLUTION AUTHORIZING APPLICATION TO THE HENNEPIN COUNTY
ENVIRONMENTAL RESPONSE FUND
BE IT RESOLVED, that the City of Hopkins supports the
environmental financial grant application to be submitted to the Hennepin County
Department of Environmental Services on November 1, 2003, by the City of
Hopkins
for the Luther Company site at 250 5 Ave. S.
Adopted by the City Council of the City of Hopkins, Minnesota, this day
of , 2003.
ATTEST:
Terry Obermaier, City Clerk
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 2003 -99
Eugene J. Maxwell, Mayor