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PC Staff Report 04-19-2011PC DATE: 4/19/11 CC DATE: 5/9/11 REVIEW DEADLINE: 5/20/2011 CASE #: 11 -04 BY: AF, AK, TJ, JM, ML PROPOSED MOTION: "The Chanhassen Planning Commission recommends that City Council approve a Conditional Use Permit for a convenience store with gas pumps and to permit multiple buildings on a single lot, plans prepared by Rosa Architects dated received 3/21/2011, for property zoned Highway and Business Services District (BH), located at 7905 Great Plains Boulevard subject to conditions 1 — 6." And 6k<-4-1, "The Chanhassen Planning Commission recommends that City Council approve a Site Plan for a 3,915 square -foot, one -story convenience store, 1,503 square -foot double car wash, and a 32 -foot by 74 -foot 8 -inch gas canopy, plans prepared by Rosa Architects dated received 3/21/2011, for property zoned Highway and Business Services District (BH) located at 7905 Great Plains Boulevard subject to conditions 1— 4. CITY OF CHANHASSEN SUMMARY OF REQUEST: The developer is requesting Site Plan Approval for a 3,915 square -foot retail building, 1,503 square -foot double car wash, and a 32 -foot by 74 -foot 8 -inch gas canopy; and a Conditional Use Permit for gas pumps and to permit multiple buildings on a single lot for the redevelopment of property located at 7905 Great Plains Boulevard. LOCATION: 7905 Great Plains Boulevard (See Exhibit A) APPLICANT: Russ Rosa Khaled Aloul Rosa Architectural Group, Inc. 231 East 105` Street 1084 Sterling Street Bloomington, MN 55420 St. Paul, MN 55119 651- 343 -4995 651- 739 -7988 khalaloul @gmail.com PRESENT ZONING: Highway and Business Services District (BH) 2030 LAND USE PLAN: Commercial ACREAGE: 1.1344 Acres (49,414.5 square feet) DENSITY: F.A.R. 0.11 BP Gas Station Planning Case 11 -04 April 19, 2011 Page 2 of 22 LEVEL OF CITY DISCRETION IN DECISION - MAKING: The City's discretion in approving or denying a site plan is limited to whether or not the proposed project complies with Zoning Ordinance requirements. If it meets those standards, the City must then approve the site plan. This is a quasi-judicial decision. The City has limited discretion in approving or denying conditional use permits, based on whether or not the proposal meets the conditional use permit standards outlined in the Zoning Ordinance. If the City finds that all the applicable conditional use permit standards are met, the permit must be approved. This is a quasi-judicial decision. PROPOSAL /SUMMARY The applicant is requesting conditional use permit and site plan approval to redevelop the Chanhassen BP Gas Station site. The existing development consists of a 1,030 square -foot retail building, one car wash and six gas pumps. The request is for a 3,915 square -foot, one -story convenience store, 1,503 square —foot double car wash, a 32 -foot by 74 -foot 8 -inch gas canopy and six gas pumps. BP Gas Station Planning Case 11 -04 April 19, 2011 Page 3 of 22 To the north of the subject site is the self -serve car wash and Valvoline. To the south of the site is Highway 5. To the east of the site is Master Collision and Brown's Tire and Auto, and located to the west of the site is Great Plains Boulevard and Holiday Gas Station. Water and sewer services are available to the site. Access to the parcels is gained via Great Plains Boulevard. Staff is recommending approval of the site plan and conditional use permit, subject to the conditions of the staff report. APPLICABLE REGUATIONS Chapter 20, Article II, Division 2, Conditional Use Permits Sec. 20 -232. General issuance standards. Sec. 20 -290. Convenience stores with gas pumps. Chapter 20, Article II, Division 6, Site Plan Review Chapter 20, Article XVII, Highway and Business Services District Chapter 20, Article XXIII, Division 7, Design Standards for Commercial, Industrial and Office - Institutional Development BACKGROUND On May 29, 2001, the City Council approved a Site Plan and Conditional Use Permit with a variance for Holiday Station, located west of the subject site, across Great Plains Boulevard. This approval allowed a 213 -foot separation from the nearest gas pump at Amoco, currently BP. On January 22, 1990, the Chanhassen City Council approved ordinance #116 making convenience stores with gas pumps a conditional use in the BH district and amending section 20 -290 adding the following: (6) Gas pumps and/or storage tank vent pipes shall not be located within one hundred (100) feet of any parcel zoned or guided for residential use. (7) A minimum separation of two hundred fifty (250) feet is required between the nearest gas pumps of individual parcels for which a conditional use permit is being requested. BP Gas Station Planning Case 11 -04 April 19, 2011 Page 4 of 22 On January 23, 1988 the Chanhassen City Council approved site plan 88 -11, to redevelop the site to permit a 1,030 square -foot convenience store, 30 -foot by 101 -foot gas canopy, six gas pumps and a single -bay automatic car wash. sh _ I Gas Gas Canopy nunps (Fim I• $§ ,°,'(� wen � r / / // f I ES1ShlIR llVd2p 05 0 2 0 >j'� � { � p a w "us M au s w r � �• -1_t�� /r / / /�/ !/. / C� crrrrrp A ' Prior to 1988 the site contained an Amoco Standard Station and automatic car wash. CONDITIONAL USE PERMIT In 1988, when the Amoco site plan was approved, a Conditional Use Permit (CUP) was not required for convenience stores with gas pumps. This requirement was adopted in 1990, therefore, the subject site does not have an existing CUP for the gas pumps and is legal nonconforming. Since the applicant is requesting site plan approval to redevelop the site, the current standards and requirements of the City Code must be enforced, including requiring a CUP for the gas pumps. The subject site is in compliance with the CUP standards as outlined in Section 20 -290 Convenience stores with gas pumps criteria: 1. No unlicensed or inoperable vehicles shall be stored on premises. 2. No repair, assembly, disassembly of vehicles. 3. No outside speaker system shall be allowed without approval from the City Council. 4. Gas pump stacking area deemed to be appropriate by the city shall not intrude into any required setback area. The proposed site plan complies with this condition. 5. No sales, storage or display of used automobiles or other vehicles such as motorcycles, snowmobiles, or all - terrain vehicles shall be permitted. 6. Facilities for the collection of waste oil must be provided. BP Gas Station Planning Case 11 -04 April 19, 2011 Page 5 of 22 7. Gas pumps and/or storage tank vent pipes shall not be located within 100 feet of any parcel zoned or guided for residential use. The proposed site plan complies with this condition. 8. A minimum separation of 250 feet is required between the nearest gas pumps on separate parcels. Variance granted in 2001. In 2001, the Holiday Station, located west of the subject site across Great Plains Boulevard, received site plan approval and a variance to permit a 213 -foot separation from its pump to the nearest gas pump at Amoco, currently BP. The proposed site plan will maintain the 213 -foot separation, being that the nearest gas pump will remain in the same location. A - — J y Staff recommends approval of the conditional use permit. GENERAL SITE PLAN /ARCHITECTURE The applicant is requesting site plan approval for a 3,915 square -foot one -story convenience store, a 1,503 square -foot double car wash, a 32 -foot by 74 -foot 8 -inch gas canopy and six gas pumps. Convenience stores and car washes are permitted uses and gas pumps are a Conditional Use in the BH district. The applicant is proposing to redevelop the BP gas station site by: of Removing the existing convenience store which currently sits under the gas canopy, of Relocating two gas pumps under the canopy where the building was located, of Constructing a larger convenience store to the east side of the site, and of Adding a second car wash bay and mechanical storage building. C.mopr Pmom. <-J book .. ` Existing Conditions ME= " if ♦ ♦� I - �i �i moos BP Gas Station Planning Case 11 -04 April 19, 2011 Page 6 of 22 In 1988, the car wash was viewed as an accessory use to the convenience store; however, both a car wash and a convenience store are permitted uses within the BH district. This means that each use could be located separately on a single lot and are considered to be principal structures. City Code Sec. 20 -903 permits groupings of building only with approval of a CUP. Again, since the applicant is requesting site plan approval, the current standards and requirements of the City Code must be enforced. The site is accessed off of Great Plains Boulevard. The location of the gas canopy will remain; however, the size of the canopy will be reduced. The drive aisle between the canopy and the edge of the bituminous on the south property line is 14 feet and does not comply with the 26 -foot drive aisle required by city code. Being that the width is an existing nonconformity and will not change; the nonconforming width can remain as outlined in Section 20 -72. (a) Nonconforming uses and structures: Any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter may be continued, including through repair, replacement, restoration, maintenance or improvement, but not including expansion. The convenience store will be relocated to the east and surrounded by the drive aisle /stacking lane for the car wash. The trash enclosure will also be located on the east side of the site. There is a sidewalk and patio area proposed on the west and south side of the convenience store for patrons. The existing car wash will remain, with a second wash bay attached to the south side of the structure. The mechanical storage building will be located on the north side of the existing wash bay. The storage building is located in an easement and will require an encroachment agreement from the city. The applicant is also proposing a sidewalk connection form the trail along Highway 5 to the site near the convenience store. This will require a permit from MnDOT to work within the right -of- way. ARCHITECTURAL COMPLIANCE Size Portion Placement The City Code promotes the location of the building nearest to the setback lines as outlined in the district regulations. This site is unique in the fact that it has frontage on both Highway 5 and Great Plains Boulevard. The applicant worked within the constraints of existing structures on the site (gas pumps, canopy, and car wash) and the city code requirements to redevelop the convenience store. The minimum setback in the BH district is 25 feet from the front property line. The convenience store is proposed to be set back 25 feet from the south property line along Highway 5 and to the east side of the property. The car wash and gas canopy are located approximately 60 feet from the west property line along Great Plains Boulevard. BP Gas Station Planning Case 11 -04 April 19, 2011 Page 7 of 22 The trash enclosure and drive aisle /vehicle stacking for the car wash surrounds the convenience store. 8 mo 6 I Q�••' DRIVE LANE t Nrzw I GAR WASH I �k -gfr• � �r'- +�4fi' S / our i� s. N -�. .te w ' - -- LL R --Tt IPYO e Id G.6 � o { M 6]' �� O PROPOSED SITE PLAN The proposed 3,915 square -foot convenience store is a single -story building. The main entrances into the building are located on the west elevation. The entrances are surrounded by windows and lined with fabric awnings across the top of the windows. The southwest corner of the building is further accentuated with a 3% -foot parapet with cornice. Vill LJ PROP05ED BUILDING ELEVATION - WEST There is a second patron entrance located on the south elevation of the building to access the patio and the proposed sidewalk connection to the trail along Highway 5. The entrance is also BP Gas Station Planning Case 11 -04 April 19, 2011 Page 8 of 22 surrounded by windows, fabric awnings and a parapet with cornice to accentuate the southwest corner of the building. The east elevation of the building is located adjacent to the Brown's Tire and Auto and Master Collision auto body properties, which is located at a higher elevation than the convenience store. This elevation contains a service door and one window with a fabric awning on top. This elevation is the "back" of the building; however, it will be visible from westbound traffic traveling on Highway 5. Therefore, the fenestration shall be increased to meet code requirements for elevations viewed by the public. This issue will be discussed in greater detail later in the report. The north elevation of the proposed building is adjacent to the Valvoline Instant Oil building, which is also situated at a higher elevation and will have minimal view by the public. The applicant is proposing architectural detailing with columns and varied materials, to accentuate this elevation, as well as additional landscaping between the property line and the drive aisle and drive aisle and the building. PROPOSED BUILDING ELEVATION - 5OUTN PROPOSED BUILDING ELEVATION - EA5T BP Gas Station Planning Case 11 -04 April 19, 2011 Page 9 of 22 Building Articulation The articulation of the building steps back twice along the south elevation. The building steps back six feet from the southwest corner of the building and then back an additional 11 feet toward the southeast side of the elevation. Along the west elevation, the building steps back 1 -2 feet from the southwest corner. In addition, the building articulation incorporates columns of cultured stone. Articulation is further enhanced through the use of storefront windows, awnings and parapet wall with cornice. Color and Material There is a combination of materials including brick, block, and EFIS incorporated into the design to provide visual interest to the building. The west and south elevations of the building (front) are primarily constructed of storefront windows bordered with aluminum frames and muted tan, limestone and wine colored cultured stone columns. Above the windows is an accent fabric awning. Above the awnings is a medium tan EFIS accent band. The parapet and cornice are light beige and darker tan EFIS topped with a prefinished medium tan metal cap. The east and north elevations are primarily constructed buff tan brick masonry and with a limestone rock facem at the base. The elevations are accented with cultured stone columns and continue the medium tan EFIS accent band and the light beige and darker tan EFIS parapet and cornice topped with a medium tan prefinished metal cap. Height and Roof Design The single -story building is 18 feet in height to the roof. The roof articulation is provided through a 3 %2 -foot parapet wall at the southwest corner of the building and stretches approximately 35 feet along the west and south elevations of the building. City code requires that each building contain one or more pitched elements, such as a pitched roof, awnings or entrances. There is an accent fabric awning located above the storefront windows and doors of the south, west and east elevations. Additionally, the parapet with cornice provides vertical detail to the building. PROPOSED BUILDING ELEVATION - NORTH BP Gas Station Planning Case 11 -04 April 19, 2011 Page 10 of 22 The mechanical equipment is located in the center of the roof and is screened through the use of the parapet wall surrounding the building. The roof top equipment will be adequately screened from view. Facade Transparency City code requires that 50 percent of the first floor elevation that is viewed by the public shall include transparent windows and/or doors. The south and west elevations of the building exceed this requirement. Being that the east elevation will be visible to traffic traveling westbound, it must incorporate fagade fenestration. The picture to the right is a view of the site from the westbound lane on Highway 5. Currently, there are mature evergreen trees screening the existing building; however, these evergreens are to be removed and are in the location of the proposed drive aisle /vehicle stacking area for the car wash. The applicant is proposing additional landscaping; however, the Autumn Spire Red Maples proposed near the building are overstory trees and the east elevation of the building will still be visible. Additionally, the proposed pond will preclude landscaping in the areas of the building that will be visible to the public. PROPOSED BUILDING ELEVATION - EAST BP Gas Station Planning Case 11 -04 April 19, 2011 Page 11 of 22 City code, Section 20 -1068 Fagade transparency, does allow for reduced transparency standards for uses within buildings that do not readily allow windows, such as storage areas. The interior uses adjacent to this elevation are storage and restrooms. The fenestration requirement in these areas can be achieved through the use of upper level windows, spandrel glass, and glass blocks or increased architectural detailing. The applicant has shown one window and service door on the east elevation; however, based on a site visit it is staffs opinion that the fenestration on the east elevation should be increased. Staff is recommending the fenestration on the east elevation be added to the sections labeled A and B in the schematic below. The north elevation faces the drive aisle /vehicle stacking for the parking lot and abuts Valvoline Instant Oil. There is a 10 -foot rise from the subject site up to the Valvoline Instant Oil property. The applicant has included architectural detailing, including columns and changing of materials as well as providing landscaping between the drive aisle and the building. PROPOSED BUILDING ELEVATION - EAST PROP05ED BUILDING ELEVATION - NORTH BP Gas Station Planning Case 11 -04 April 19, 2011 Page 12 of 22 The applicant is proposing to reconstruct the existing car wash in the same location and add a second car wash bay and a mechanical storage building on the north side of the car wash. The proposed car wash is 13'4" in height and 1,503 square feet. The car wash will be constructed using the same materials as the convenience store. The only signage on the car wash will be directional entrance and exit signs above the car wash doors. The applicant is proposing to reconstruct a gas canopy over the six gas pumps. The current canopy is 30 feet by 101 feet. The applicant is proposing a 32 -foot by 74 -foot 8 -inch gas canopy. The proposed canopy is 16 feet 6 inches in height. The canopy over the pumps must be constructed of non - combustible materials or materials equivalent to one -hour fire - resistive construction. The applicant has shown a projecting neon stripe and the BP logo on the canopy. Signage is not permitted on the canopy. The canopy may contain only a one - dimensional stripe. No other signage, including the logo, is permitted on the canopy. LIGHTING /SIGNAGE Lighting City code requires that the applicant provide site lighting for the parking lot area to provide adequate levels of safety. Site lighting may be provided via 30 -foot tall light poles /fixtures. All fixtures must be shielded, high- pressure sodium or Light- Emitting Diode (LED) with a total cutoff angle equal to or less than 90 degrees. Wall- mounted light fixtures shall be shielded with a total cutoff angle equal to or less than 90 degrees and shall not be directed skyward. To minimize off -site impact, light levels shall not exceed one -half foot candle at the property line. It appears that the proposed lighting complies with city code. CM1- EHS-xx external house side shield EPA = 0.57 ft' PROPOSED CAR WA5N ELEVATION PROP05ED GAR WASH ELEVATION BP Gas Station Planning Case 11 -04 April 19, 2011 Page 13 of 22 The proposed lighting on the building is wall sconces and the lighting throughout the parking lot is external house side shield light posts. The applicant submitted photometric calculations for the site, and the lighting for the common vehicular access is sufficient and complies with City Code. The lighting within the canopy shall be recessed. No external lighting on the canopy is permitted. Signage The applicant is proposing wall signage on the west and south elevation of the building located above the awnings on the parapet wall. There is currently a 64 square -foot, 16 -foot tall pylon sign located on the corner of Highway 5 and Great Plains Boulevard. The sign does not comply with the required 10 -foot setback; however, it is nonconforming and may be continued. The applicant is proposing to continue the use of the pylon sign. As part of the reconstruction of the gas canopy, the applicant is proposing to continue the green stripe and the BP logo on the canopy. It was believed that the stripe and logo were legal nonconforming and could be replaced. However, upon researching the previous 1988 site plan for the Amoco gas station and the conditions of approval; Condition #6 states: The gas canopy shall not be permitted any signage including the Amoco stripe name. This prohibition is consistent with the current sign ordinance. Therefore, the canopy may contain a one - dimensional stripe, not a projecting neon stripe, and may not contain the logo or any other signage on the canopy. All signage shall comply with city code and requires a separate sign permit application. Site Furnishing The applicant is proposing a patio area with tables on the south side of the building adjacent to the interior customer area containing beverages and hot food. The site also contains landscaping throughout the site and around the building. Loading Areas, Refuse Area, etc. The loading zone for the convenience store can be accommodated through the service door located on the east elevation. There is a sidewalk connection from the drive aisle to the door. BP Gas Station Planning Case 11 -04 April 19, 2011 Page 14 of 22 The proposed location of the free - standing trash enclosure is also on the east side of the building and drive aisle /vehicular stacking area. The trash enclosure is 8 feet tall, 12 feet wide by 8 feet deep, and contains one dumpster. The enclosure will be constructed of Rock Face Masonry at the base, Brick Masonry sides and a precast cap. The doors of the enclosure will be constructed of a Medium Tan synthetic decking material attached to metal frame with a metal latch and brackets. The enclosure will be consistent in color with the building. Lot Frontage and Parking Location Frontage The subject site fronts on Highway 5 and Great Plains Boulevard. This site has street frontage on both Highway 5 and Great Plains Boulevard. The site is unique in the fact that it is being redeveloped and the gas pumps, canopy and car wash are to remain. The minimum setback in the BH district is 25 feet from the front property line. The convenience store is proposed to be set back 25 feet from the south property line along Highway 5 and located on the east side of the property. The car wash and gas canopy are located approximately 60 feet from the west property line along Great Plains Boulevard. The edge of the proposed parking lot is set back 10 feet from the property line and shall incorporate an approved landscape buffer. City approval of the shrub species and planting spacing is required before installation. Parking There are 20 stalls required for the site, one space per 200 square feet of the retail building. There are a total of 23 parking stalls proposed on the site; 11 parking stalls along the south and west property lines and in front of the convenience store and 12 spaces at the gas pumps. The parking space located farthest from the entrance of the convenience store (space labeled 6 on the site plan) is shown as handicap accessible. Minnesota State Building Code states the accessible parking space must be located "on the shortest accessible route of travel" (MSBC 1341.1106.6) to an accessible ■1 ■1 ■1. ■1 ■ '•a building entrance. Staff is recommending the space labeled 10 or 11 with adjacent 8 -foot access aisle be designated as handicapped accessible. BP Gas Station Planning Case 11 -04 April 19, 2011 Page 15 of 22 ACCESS The existing driveway at Great Plains Boulevard will be used to access the new convenience store. The main drive aisle to the convenience store will be on the north side of the gas pump canopy. This site plan must be adjusted so that the main drive aisle is at least 26 feet wide, which is the minimum width required by city code for two -way traffic. The area under the canopy cannot be included in the drive aisle width. The drive aisle on the south side of the gas pump canopy is 14 feet wide. This drive aisle width does not meet the city code minimum requirement for one -way traffic; however, since it is an existing condition it is grandfathered in. A 13 -foot wide, one -way drive aisle is proposed on the site to access the trash enclosure and to provide access and queuing for car wash bays. The drive aisle is not wide enough to allow for a vehicle to bypass the car wash line in the event that the wait time is too long for a patron. Staff has raised this issue with the owner. The applicant is proposing to add a sidewalk connection from the trail along Highway 5 to the site near the proposed patio and south entrance to the building. All sidewalk connections shall meet ADA requirements and incorporate pedestrian ramps. LANDSCAPING Minimum requirements for landscaping include 1,984 square feet of landscaped area around the parking lot, 7 trees for the parking lot, and bufferyard plantings along Highway 5, Great Plains Boulevard and north property line. The proposed landscaping as compared to the requirements for landscape area and parking lot trees is shown in the following table. The applicant does not meet specific minimum requirements for bufferyard plantings, but does meet the intent of the requirements. For the highway bufferyard, the applicant is using more overstory trees than required and is planting 17 trees total compared to the 16 required. However, staff recommends that the tree requirements along Great Plains Boulevard be met by Required Proposed Vehicular use landscape area 1,984 square feet >1,984 square feet Trees /landscape area 7 canopy trees 7 canopy trees Highway 5 5 canopy trees 8 canopy bufferyard B — 280' 11 understory trees 9 understory 16 shrubs 21 shrubs Great Plains Boulevard. 2 canopy trees 4 canopy bufferyard B — 80' 3 understory trees 0 understory 4 shrubs 4 shrubs North property line 2 canopy tree 6 canopy trees bufferyard A — 290' 4 understory trees 10 understory 4 shrubs 0 shrubs The applicant does not meet specific minimum requirements for bufferyard plantings, but does meet the intent of the requirements. For the highway bufferyard, the applicant is using more overstory trees than required and is planting 17 trees total compared to the 16 required. However, staff recommends that the tree requirements along Great Plains Boulevard be met by BP Gas Station Planning Case 11 -04 April 19, 2011 Page 16 of 22 increasing the number of understory trees. The applicant can shift quantities on site and meet the minimum requirements for each bufferyard. GRADING/DRAINAGE The developer must obtain a MnDOT permit for the sidewalk connection to the Highway 5 trail on the south side of the site. The developer must ensure that the sidewalk connection does not create a localized low point on the west side of the sidewalk connection. The grading near the northeast corner of the proposed building must be revised so that it is minimum 3:1. This revision may require a short retaining wall. If a retaining wall is to be installed at this location, the owner must obtain an encroachment agreement since the wall would be located within the sanitary sewer easement. The site improvements require up to one foot of cut over the existing sanitary sewer on the north side of the site. Based on the as -built information available, there is more than 10 feet of cover over the sanitary sewer; therefore, there will still be adequate cover over the pipe. The sanitary sewer line must be televised before and after construction to ensure that the grading equipment does not damage the sanitary sewer. Wetlands There are no wetlands located within the subject site. Lakes The proposed project does not lie within 1,000 feet of the ordinary high water level (OHW) of any public waters; therefore, it is not within a shoreland district. Drainage and Erosion and Sediment Control The plans show a new 24 -inch diameter private storm sewer between the proposed filtration basin and the existing 12 -inch diameter private storm sewer. The storm sewer design model indicates that the 10 -year discharge rate from the filtration basin will not exceed the existing rates and will only slightly exceed the 100 -year storm event. Measures must be taken to protect the filtration feature from sediment deposition and compaction resulting from the operation of heavy equipment in this area. These measures need to be indicated on the plan set. The applicant is strongly encouraged to plant the basin with plugs to ensure establishment of deep- rooted vegetation and for aesthetics. The MPCA Plants for Stormwater Design is recommended for selecting planting materials appropriate for anticipated conditions. Because this is an alternative stormwater Best Management Practices (BMPs) and will be privately owned and maintained, an operations and maintenance manual will need to be created and provided to the city for review and approval. BP Gas Station Planning Case 11 -04 April 19, 2011 Page 17 of 22 City standard detail plate 5300 shall be used to show silt fence installation. Preassembled is not appropriate for the anticipated conditions; machine sliced or more protective should be used. This should be used as shown for perimeter control as well as to protect the filtration basin. No rock construction entrance will be required because of the remaining asphalt entrance. However, a note shall be included on the plan indicating that the contractor will be required to remove tracking from Great Plains Boulevard as needed. Proposed grading limits will be less than the 1.0 acre disturbance threshold at which an NPDES permit is required. In the event that the disturbance exceeds that threshold, the owner and their contractor must apply for an NPDES permit as soon as it is known that the site will exceed one acre of disturbance. UTILITIES The site is currently served by two one -inch diameter water services. These water services will be abandoned. A new six -inch diameter private water service is proposed to be installed to serve the convenience store and the car wash bays. The service will extend from the existing 10 -inch watermain within Great Plains Boulevard. The new water service must be wet tapped. Contact Kevin Crooks at 952- 227 -1311 a minimum of three working days before the water service connection. The new water service connection requires cutting into Great Plains Boulevard. A $7,600 cash escrow must be submitted to ensure that the street is properly patched. This escrow will be released if the street patch is in good condition after one freeze -thaw cycle has passed. The six -inch private watermain north of the building must be a minimum of 10 feet from the existing 10 -inch trunk sanitary sewer. The existing sanitary sewer service to the site extends from the 10 -inch trunk sanitary sewer on the north side of the site. Sewer service to the convenience store will extend from the existing service. City water and sanitary sewer hook -up fees and the Metropolitan Council Sewer Access Charge (SAC) fee will be due with the building permit. The fees will be based on the additional SAC units resulting from the convenience store construction and the car wash expansion. The SAC units are determined by the Metropolitan Council. The current fees are $5,393 /SAC unit for City water, $2,026 /SAC unit for City sewer and $2,175 /SAC unit for the Metropolitan Council SAC fee. OTHER AGENCIES The applicant shall apply for and obtain permits from the appropriate regulatory agencies and comply with their conditions of approval. BP Gas Station Planning Case 11 -04 April 19, 2011 Page 18 of 22 MISCELLENOUS The building is in excess of 2,000 square feet and is required to have an automatic fire extinguishing system. All plans must be prepared and signed by design professionals licensed in the State of Minnesota. A geotechnical (soil evaluation) report required. Detailed building code related requirements have not been reviewed; this will take place when complete structural/architectural plans are submitted. A separate demolition permit will be required if demolition is intended prior to building permit issuance. The owner and/or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. COMPLIANCE TABLE Lot Ordinance Requirements Subject Site Area 20,000 square feet 49,414.5 square feet Frontage 100' S: 455.72' W: 163.84' Depth 150' approx: 335.35' Lot Coverage 65% 65% Building Height Ordinance Requirements Subject Site Principal two -story one -story: 21'6" Accessory one -story one -story: 134" Gas Canopy one -story one -story: 166" Building Setbacks Ordinance Requirements Subject Site West Front yard 25' 62' Car wash 54' Gas Canopy South Front yard 25' 25' Convenience Store 40' Gas Cano Side yard 10' 26' Convenience Store 15' Car wash storage building Parking Requirements Ordinance Requirements Subject Site Stalls 1:200 (Retail) Convenience Store 3,915square feet /200 = 20 stalls 11 + 12 at pumps = 23 South Front yard 10'w/ screening, 25' without 10' with Screening RECOMMENDATION Staff recommends that the Planning Commission adopt the following motions and adoption of the attached findings of fact and recommendation: A. "The Chanhassen Planning Commission recommends that City Council approve a Conditional Use Permit for a convenience store with gas pumps and to permit multiple buildings on a single lot, plans prepared by Rosa Architects dated received 3/21/2011, for property zoned Highway and Business Services District (BH), located at 7905 Great Plains Boulevard subject to the following conditions: BP Gas Station Planning Case 11 -04 April 19, 2011 Page 19 of 22 1. No unlicensed or inoperable vehicles shall be stored on premises. 2. No repair, assembly, disassembly of vehicles. 3. No outside speaker system shall be allowed without approval from the City Council. 4. No sales, storage or display of used automobiles or other vehicles such as motorcycles, snowmobiles, or all- terrain vehicles shall be permitted. 5. Facilities for the collection of waste oil must be provided. 6. A minimum separation of 213 feet is required between the nearest gas pumps on the subject site and Holiday Station located across Great Plains Boulevard." and B. "The Chanhassen Planning Commission recommends that City Council approve the Site Plan for a 3,915 square -foot, one -story convenience store, 1,503 square -foot double car wash, and a 32 -foot by 74 -foot 8 -inch gas canopy, plans prepared by Rosa Architects dated received 3/21/2011, for property located at 7905 Great Plains Boulevard subject to the following conditions: 1. Building Official a. The proposed structures (if area exceeds 2000 square feet) are required to have automatic fire extinguishing systems (MN Rule 1306). b. All plans must be prepared and signed by design professionals licensed in the State of Minnesota. Geotechnical (soil evaluation) report required. c. The canopy over the pumps must be constructed of non - combustible materials or materials equivalent to one -hour fire- resistive construction. d. Detailed building code related requirements have not been reviewed; this will take place when complete structural/architectural plans are submitted. e. The proposed accessible parking space must be relocated to be "on the shortest accessible route of travel" (MSBC 1341.1106.6) to an accessible building entrance (suggested alternative would be parking space 10 or 11 with adjacent 8 -foot access aisle). f. A separate demolition permit will be required if demolition is intended prior to building permit issuance. g. The owner and /or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. BP Gas Station Planning Case 11 -04 April 19, 2011 Page 20 of 22 2. Forester a. Applicant shall increase bufferyard plantings to meet minimum requirements for the west property line. A revised landscape plan shall be submitted to the City prior to building permit issuance. 3. Engineering and Water Resources a. The main drive aisle to the convenience store must be revised so that it is minimum 26 feet wide. The area under the canopy cannot be included in the drive aisle width. b. The developer must obtain a MnDOT permit for the sidewalk connection to the Highway 5 trail on the south side of the site. c. The developer must ensure that the sidewalk connection does not create a localized low point on the west side of the sidewalk connection. d. The grading near the northeast corner of the proposed building must be revised so that it is minimum 3:1. e. If a retaining wall is installed near the northeast corner of the building, the owner must obtain an encroachment agreement since the wall would be located within the sanitary sewer easement. f. Any encroachment into a drainage and utility easement must be approved by the Engineering Department and an encroachment agreement must be obtained. g. The sanitary sewer line must be televised before and after construction to ensure that the grading equipment does not damage the sanitary sewer. h. The new water service must be wet tapped. i. Contact Kevin Crooks at 952- 227 -1311 a minimum of three working days before the water service and sewer service connection. j. A $7,600 cash escrow must be submitted to ensure that the street is properly patched after the water service connection is made. This escrow will be released if the street patch is in good condition after one freeze -thaw cycle has passed. k. A $500 cash escrow must be submitted to ensure that proper erosion and sediment control is employed. This escrow will be released once final stabilization is achieved per MPCA rules. 1. The 6 -inch private watermain north of the building must be minimum of 10 feet from the existing 10 -inch trunk sanitary sewer. BP Gas Station Planning Case 11 -04 April 19, 2011 Page 21 of 22 m. City standard detail plate 5300 shall be used on C3. n. Indicate on plan set how filtration area is to be protected from sedimentation and compaction due to heavy equipment traffic. o. Sheet Cl shows the minimum anticipated sediment and erosion control measures. These will need to change if they prove inadequate or if site and/or climatic conditions change. This needs to be indicated on sheet C 1 or otherwise communicated with the selected contractor. p. All disturbed soils must be stabilized with 14 days after cessation of grading activities. q. An operations and maintenance manual shall be completed and provided to the city for the infiltration feature. 4. General a. One additional fire hydrant is required to be located northwest of the building between the car wash service road and the proposed building. Contact Chanhassen Fire Marshal Mark Littfin at 952 -227 -1151 for the exact location. b. All sidewalk connections shall comply with ADA requirements. c. The fenestration on the east elevation shall be increased to meet city code requirements. d. The canopy may contain a one - dimensional stripe only; no other signage or exterior lighting may be on the canopy. e. The lighting within the canopy shall be recessed; no external lighting on the canopy is permitted. f. All signage shall comply with City Code and requires a separate sign permit application." ATTACHMENTS 1. Exhibit A: Legal Description. 2. Findings of Fact and Recommendation. 3. Development Review Application. 4. Reduced Copy Existing Conditions Dated Received 3/21/2011. 5. Reduced Copy Grading Plan. 6. Reduced Copy Utility Plan. 7. Reduced Copy Landscape Plan & Details. 8. Reduced Copy Site Plan. 9. Reduced Copy Floor Plan. BP Gas Station Planning Case 11 -04 April 19, 2011 Page 22 of 22 10. Reduced Copy Site Lighting Plan. 11. Reduced Copies Building Elevations (colored). 12. SPR 88 -11 Conditions of Approval. 13. Public Hearing Notice and Mailing List. g: \plan\2011 planning cases \1 1 -04 by gas station site plan & cup\staff report.doc EXHIBIT A Survey Metes and Bounds Description: A survey of that part of Northwest quarter of the Northeast quarter, Section 13, Township 116 North, Range 19 West, of the 5 th Principal Meridian, City of Chanhassen, Carver County, State of Minnesota, more particularly described as follows: Commencing at the Northwest corner of the Northwest quarter of the Northeast quarter; thence South 00 degrees 25 minutes 29 seconds East 722.7 feet along the Westerly line of said quarter; thence North 89 degrees 34 minutes 31 seconds East 60.66 feet along a line perpendicular to the Westerly line of said quarter to a point of the Easterly right -of -way line of State Trunk Highway 101, and the point of beginning; thence continuing North 89 degrees 34 minutes 31 seconds East 335.35 feet along a line perpendicular to the Westerly line of said quarter; thence South 74 degrees 04 minutes 29 seconds East 62.66 feet to a point of the Northerly right -of -way line of State Trunk Highway No. 5; thence South 59 degrees, 02 minutes 31 seconds 354.52 feet along the Northerly right -of -way line of State Trunk Highway No. 5 to the Easterly corner of Parcel 209B of the Minnesota Department of Transportation right -of -way Plat No. 10 -4; thence South 89 degrees 50 minutes 18 seconds West 34.38 feet along the Northerly line of Parcel 209B to the Westerly corner of said Parcel 209B; thence North 59 degrees 25 minutes 32 seconds West 65.53 feet to a point of the Easterly right -of -way line of State Trunk Highway No. 101; thence North 00 degrees 11 minutes 00 seconds East 163.84 feet along the Easterly right -of -way line of State Trunk Highway No. 101 to the point of beginning, containing 49,414.5 square feet, or 1.134 acres. EXHIBIT A Survey Metes and Bounds Description: A survey of that part of Northwest quarter of the Northeast quarter, Section 13, Township 116 North, Range 19 West, of the 5th Principal Meridian, City of Chanhassen, Carver County, State of Minnesota, more particularly described as follows: Commencing at the Northwest corner of the Northwest quarter of the Northeast quarter; thence South 00 degrees 25 minutes 29 seconds East 722.7 feet along the Westerly line of said quarter; thence North 89 degrees 34 minutes 31 seconds East 60.66 feet along a line perpendicular to the Westerly line of said quarter to a point of the Easterly right -of -way line of State Trunk Highway 101, and the point of beginning; thence continuing North 89 degrees 34 minutes 31 seconds East 335.35 feet along a line perpendicular to the Westerly line of said quarter; thence South 74 degrees 04 minutes 29 seconds East 62.66 feet to a point of the Northerly right -of -way line of State Trunk Highway No. 5; thence South 59 degrees, 02 minutes 31 seconds 354.52 feet along the Northerly right -of -way line of State Trunk Highway No. 5 to the Easterly corner of Parcel 209B of the Minnesota Department of Transportation right -of -way Plat No. 10 -4; thence South 89 degrees 50 minutes 18 seconds West 34.38 feet along the Northerly line of Parcel 209B to the Westerly corner of said Parcel 209B; thence North 59 degrees 25 minutes 32 seconds West 65.53 feet to a point of the Easterly right -of -way line of State Trunk Highway No. 101; thence North 00 degrees 11 minutes 00 seconds East 163.84 feet along the Easterly right -of -way line of State Trunk Highway No. 101 to the point of beginning, containing 49,414.5 square feet, or 1.134 acres. 0 PLEASE PRINT CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227 -1100 DEVELOPMENT REVIEW APPLICATION OF GHANHASSEM MAR 2 1 Z011 - HANHASS>s N Pf Ada MNG !)EP Applicant Name and Address: I- 2.. o L0'O ; M EV - 0 2a Contact: -Lc, t4 L, Phone: /- 3 - ! t!g 6Fax: 2 6 2 - °,e - Zn 75 Email: L- 1,h g j ; g low f ma" , . &dam Property Owner Name and Address: YYt e_ l o ve , ro' -7 9oS 4 yea F'1 j - 4M"-2 l l Vet e'h"h a ���� . M 0 . 6 � 1 Contact: K h a Jed A L 04 L Phone: ( Sl -3� , 49gh Fax: �j52 - a�7 -zc� Email: Kh R a Iocj 1,. ri, ; 1,x,1 NOTE Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUPa� Interim Use Permit (IUP) Non - conforming Use Permit Planned Unit Development' Rezoning Sign Permits Sign Plan Review X Site Plan Review (SPR)* ( r $ Subdivision' Temporary Sales Permit Vacation of Right -of- Way /Easements (VAC) (Additional recording fees may apply) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment _ Notification Sign $200 (City to install and ve) X Escro F' ' Fees /Attorney Cost "' - $5 C P ACNAR/WAP /Metes & Bounds - $450 Minor SUB d 31-:z-411 t TOTALFEE$ /, An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Five (5) full -size folded copies of the plans must be submitted, including an 8 X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 ( *.tif) format. * *Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. Planning Case No..-: 11 — SCANNED f- GoH v�o &tA 6 ,.-- z G19 wa has uwt� �G^ PROJECT NAME: LOCATION: 7go5 4VC -Iv Fla?,W47 4 Aam/ -7 1 )44PU 57 - 7 LEGAL DESCRIPTION AND PID: TOTAL ACREAGE: /- / 4-4 WETLANDS PRESENT: YES _ NO PRESENT ZONING: 4 REQUESTED ZONING: I3 4 PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: e FOR SITE PLAN REVIEW: Include number of existing employees: and new employees: a This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. 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BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 January 25, 1989 Amoco Oil Company Attn: Mr. Kris Kristufek 5001 West 80th Street Suite #890 Bloomington, MN 55437 Re: Case No. 88 -11, Site Plan Review Dear Mr. Kristufek: This letter is to confirm that the City Council approved your site plan case #88 -11 at their regular meeting of January 23, 1989. This approval was subject to the following conditions: 1. The self service car wash . will require site plan approval. 2. The two future gas pumps and extension or the gas canopy are approved as part of this site plan. 3. The applicant shall furnish in writing a statement that Amoco Oil Company is willing to reduce the number of entrances and exits to the site to a total number of one if MnDOT grants the City a median cut for the proposed island on State Trunr, Highway 101. This entrance would fall directly in line with the centerline of :lest 79th Street. The costs for the reconstruction would be at Amoco's sole expense. This state- ment shall be provided to the City prior to final site plan approval. Plans For the central access shall be provided and approved by staff prior to its construction. 4. The most southerly access shall not be located further south than the existing southerly access and shall be designed for full traffic movement (right -in and right -out). 5. The site shall be permitted only two wall signs. 6. The gas canopy shall not be permitted any signage including the Amoco stripe name. "7. The applicant shall provide the tank for used oil and shall allow it to be open to the public. .. AL 15 xristufek .ianuary 25, 1989 Page 2 8• The applicant shall remove the cars, trucks, the a easterly portion of the site. etc., stored on 9 ' The plans shall be revised to include t he faciliti The Proposed which connect to t h Cit � p P r storm sewer curb cut near State y s storm sewer system. 10 A revised erosion Highway 5 will not be accepted. Engineer for a control plan shall be submitted to the Cit pproval prior to final site 11. Details for the const Plan approval. northerly ruction of the curb radius for the port erly access will be provided for Prior to final approval. approval by the City 12. The proposed buildings shall such that adequate maintenanceefo�Ved five feet to the south be provided. the existing utilities may 13. The applicant shall provide regarding the inrlammablewaste separator with details 14. Compliance with << Prior to construction. MPCA. iPCA requirements and scheduled deadlines 15. No outdoo outdoor storage allowed. 16. Compliance with F ire M arshal and related 17. There shall oe no convenience state. convenience store. If you should have any on your site plan revi aquestions regardin please contact thise conditions placed Sincerely, office. Stephen R.. Hanso Planning Director SRH: ktm CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on April 7, 2011, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for the Chanhassen BP Site Plan and Conditional Use Permit — Planning Case 2011 -04 to the persons named on attached Exhibit "A ", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Karen J. Engelhardt, Deputy Clerk Subscribed and sworn to before me this day of , 2011. Notary Public (D C d G O . E O U _ _ CL _ O y N Ri t _ R V _ V B a 0 d V 0 z _ d C d G O .E O V _ m a _ _ (4 .0 U C V a y-. 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