6.7. SR 08-21-2000Tity of
iver
MEMORANDUM
Item # 6.7.
TO:
FROM:
DATE:
SUBJECT:
The Mayor and City Council
Stephen Wensman, Planner
August 21, 2000
Beaudry Oil Company Request for an Amendment to
Conditional Use Permit, Public Hearing Case No. CU
00-25
Request
Beaudry Oil requests the approval of a conditional use permit to amend the
existing conditional use permit Case No. CU 97-24.
Location
335 Lowell Street; Lot 3, Block 23, Village of Elk River, Sherburne County,
Minnesota (southwest corner of Highway 10 and Lowell Street).
Zoning / Land Use
C3 (Highway Commercial) / HB (Highway Business)
Attachments
· Location Map
· Site Plan
· Recommended 1997 Landscape Plan
· Radius Study, 2000
· Conditional Use Permit, CU 97-24
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
Memo to the Planning Commission / CU 00-25
August 21, 2000
Page 2
Overview
On September 30, 1997, the City Council approved a request for a conditional
use permit to remodel the gas/convenience store/carwash at 335 Lowell
Street, then called Beaudry Oil. At that time, the issues raised by the
expansion included parking, pedestrian safety and traffic circulation and
landscaping. In particular, there is no green space between the road surface
and the building facade and no separation between the sidewalk and driveway.
As part of the approval, Staff had prepared a recommended landscape and
curbing plan for the Highway 10 frontage. The plan recommended removing
some paving and adding some curbing and 4 feet of landscaping between the
existing sidewalk and the building to provide greater safety and buffer for
pedestrians, and to beautify the road frontage. The landscaping and curbing
was never installed due to resistance from the MNDoT and because Beaudry
Oil was concerned that the landscape strip restricted vehicular access and
visibility.
In early 1999, staff again approached Beaudry Oil about the conditional use
permit requirements for landscaping and curbing. The City Engineer studied
the access issues and provided a radius study to show that there was adequate
access into the carwash with the requested landscaping and curbing. The
curbing and landscape plan prepared by staff is still unacceptable to Beaudry
Oil, and they have prepared a revised curbing and landscape plan for the
Council.
In early 2000, the MNDoT returned most of the right-of-way between the
sidewalk and the building (the area to be landscaped) back over to Beaudry Oil
Company.
Analysis
The applicant has submitted a landscape/site plan that conforms to the
Planning Commission's recommendation with no landscaping in the front of
the building and curbing along the public sidewalk. Several plants are
mislabeled, however the species selected are appropriate for theft locations.
The Commission recommended that staff work with MNDot to get approval to
remove the bituminous from the right-of-way and that the applicant then
install turf.
Staff contends that a few shade trees along the Highway will enhance the view
to the carwash bays and signs and will not block them. Shade trees are small
when planted and can be pruned up out of the view line as they grow. The
Beaudry Oil on Proctor Avenue has many trees along the street and in front of
\helkriver\sys'xshrdocXplanning\stevewen\ccmmo\cu00-25.doc
Memo to the Planning Commission / CU 00-25
August 21, 2000
Page 3
the store as is required of all new projects in the City and the visibility is
great. To maintain a healthy landscaping, the planting area with trees should
be a minimum of 4 feet wide to accommodate a mature trunk and vehicle
overhangs. For shrubs only, the planting area width should be no less than 2
feet wide to accommodate a pruned mature 3-4 foot tall shrub. The applicant
has proposed a planting area of 18". Shrub plantings along the sidewalk
should be maintained at a 3-4 foot height to provide a comfortable pedestrian
separation. The Spirea proposed for the front planting area only grows to a
mature height of 2 feet and are salt sensitive. All species chosen should be salt
tolerant.
Access Issue
The City Engineer completed a radius study to determine that the curbing
with a 4-fbot planting area would not restrict access into the westerly carwash.
Planning Commission
At the Public Hearing held on August 8, 2000, John Weicht, representing
Beaudry Oil, and Charlie Brown, a possible buyer of the property, spoke
regarding the issues. The Commission determined that the 18" planting area
would be too small of a planting area and that a greater planting area with
curbing would negatively restrict the access to the carwash bays. The
Commission recommended approval of the landscape plan and conditional use
permit with some changes and additional conditions as included in the
following recommendation.
Recommendation
The Planning Commission recommends that the City Council approve the
applicants request for a conditional use permit amendment as indicated on the
attached site plan with the following condition:
THAT STAFF WORK WITH MNDOT TO GET APPROVAL TO REMOVE THE
BITUMINOUS FROM THE RIGHT-OF-WAY AND THAT THE APPLICANT
THEN REMOVE THE BITUMINOUS AND INSTALL TURF.
\\elkriver\sys\shrdoc\planning\stevewen\ccmmo\cu00-25.doc
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STATE OF MINNESOTA
COUNTY OF SHERBURNE
CITY OF ELK RIVER
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CITY OF ELK RIVER CITY COUNCIL
CONDITIONAL USE PROCEEDINGS
In the matter of: Beaudry Oil Company
Request: Conditional Use Permit fo expand gas station/convenience store
(Case No. CU 97-/~o,',3~
ORDER GRANTING
CONDITIONAL USE
Beaudry Oil and Services, Owner
The above entitled matter came to be heard before the City Council on the 20th
day of October, 1997, on a petition for a Conditional Use pursuant to the City of Elk River
Zoning Ordinance, for the following described properb,:
Except the South 80 let and except the Highway, Lot 3, Block 23, Village of Elk
River, Sherbume County, Minnesota
IT IS ORDERED that a Conditional Use be granted as upon the following conditions or
reasons:
1. FOUR COMPLETE SETS OF PLANS BE SUBMITI'ED TO STAFF FOR REVIEW AND
APPROVAL PRIOR TO ISSUANCE OF A BUILDING PERMIT.
CURB, GUlffER AND LANDSCAPE IMPROVEMENTS AS NEGOTIATED WITH STAFF BE
INCORPORATED INTO ANY PLANS FOR SITE IMPROVEMENTS.
MN/DOT MUST APPROVE ANY SITE PLANS INVOLVING WORK WITHIN THE HIGHWAY
10 RIGHT OF WAY.
REQUIRED PARKING BE PROVIDED THROUGH AGREEMENT WITH CRETEX.
A TRASH ENCLOSURE BE PROVIDED AND BE CONSTRUCTED OF MATERIALS TO MATCH
THE BUILDING.
.D,UIdPSTER ENCLOSURE
6-O'DEEP x 12'-O'W1DE
e" Ct~U ('m~ S~DE~)
w/ WOODEN GATE
BLOCK TRASH
ENCLOSURE
EXISTINO
CAR WASH
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EX~TINO
CARWASH
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FULL SERVICE
C.,AS STATION A,
CONVENIENCE; STORE
B I T U/',,I INOUS
HIGHWAY
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EASEMENT