MINNETONKA PLANNING COMMISSION August 28, Items concerning Bauer s Custom Hitches at Excelsior Boulevard

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1 MINNETONKA PLANNING COMMISSION August 28, 2014 Brief Description Items concerning Bauer s Custom Hitches at Excelsior Boulevard Recommendation Recommend the city council approve the request Project No a Property Applicant Proposal. Margaret and Michael Bauer The applicant is proposing to add an addition to the building, construct a new gas canopy, and add a drive-up window on their property. The proposal requires site and building plan review, with variances, and a conditional use permit. (See narrative and plans on pages A1-A11.) Approving Body The planning commission makes a recommendation to the city council, which has final authority to approve or deny the request. (City Code Subd. 4) Proposed Building The existing gas station building was constructed in It is 1,800 square feet in size and contains two vehicle service bays and a small convenience store. The applicant is proposing to tear down a portion of the existing building and construct a new 1,350 square foot addition; the existing vehicle service stalls would remain. The addition would be used as an expanded convenience store. The proposed addition would meet all setback requirements. (See page A4.) The applicant is also proposing to construct a new gas canopy. The existing canopy would be removed, and a new canopy would be constructed closer to the southwest corner of the site. The gas canopy would be set back 6.5 feet from the property line along Excelsior Boulevard. A variance was previously granted from the 20-foot setback requirement. The new canopy requires the same setback variance. (See page A4.) Lastly, the applicant is proposed to add a drive-up window on the north side of the proposed addition. The drive-up window would be used for coffee and ice cream service. The applicant is not proposing to have a restaurant in the gas station. Rather, the existing goods sold in the convenience store would be available for purchase from the drive-up

2 Meeting of August 28, 2014 Page 2 Subject: Bauer Custom Hitches,. window, such as coffee and ice cream. The drive-up window requires a conditional use permit. (See page A4.) Proposed Site Plan The parking lot and drive-aisles would need to be reconfigured to provide circulation for the new gas canopy area and drive-up window. A new drive aisle would be constructed on the north side of the building addition, and the parking would be expanded as well. The drive aisle along the back of the building would have a one-way circulation pattern in order to accommodate the drive-up lane. The drive-aisles along the front of the building would have two-way traffic to allow circulation around the site and to the access points from Excelsior Boulevard and Baker Road. The site does not currently have curb and gutter along the parking lot, so there is not a clear line along the parking lot edge. The proposed plan includes construction of curb and gutter along the perimeter of the entire parking lot. Staff Analysis Staff is supportive of the proposed uses, including the building addition, new gas canopy, and drive-up window. In general, the proposed plans provide a functional site layout. Staff is recommending some minor changes to the plan to ensure appropriate site circulation. (See page A12.) The first change would be to provide angled parking for the stalls on the back of the building in order to define the drive lane as one-way, and to allow cars to back up when there are vehicles in the drive-up window cue. Additionally, the parking lot would need to meet the 20-foot setback requirement from Baker Road. The second change is to reduce the size of the gas canopy and shift it closer to Baker Road. The current layout does not allow for circulation around the canopy. There is one drive lane in the center of the canopy, however there is not circulation around the canopy. By reducing the width of the canopy and shifting it closer to Baker Road, there would be additional space for circulation. Staff is also recommending that the stalls on the corner of the site not be striped unless the need for additional parking arises. These would be proof of parking stalls. The proposed canopy location would be 10 feet from the property line along Excelsior Boulevard. It would be further away than the proposed location, but still requires a variance from the 20-foot setback requirement. Lastly, staff is recommending that the parking lot edge be pulled out of the county rightof-way. The edge of the existing parking lot extends over the property line and into the right-of-way. There is an opportunity to channel the ingress and egress from Excelsior Boulevard and pull the curb and gutter to the property line. There would still be adequate distance for parking lot traffic. Preliminary discussions with Hennepin County indicate that they are in favor of this change. The proposed site plan provides 18 parking stalls for the site. The proposed revisions would reduce the number of stalls to 16, with 4 of the stalls being provided as proof of

3 Meeting of August 28, 2014 Page 3 Subject: Bauer Custom Hitches,. parking. The zoning ordinance requires a minimum of 16 stalls for the proposed uses and the proposal complies with the parking requirements. Staff Recommendation Staff is recommending approval of the project including the changes illustrated by staff on page A12 and included as conditions of approval. 1) Recommend the city council adopt the resolution on pages A13-A21 which approves final site and building plans with setback variance for a building addition and new gas canopy at Excelsior Boulevard. 2) Recommend the city council adopt the resolution on pages A22-A25 which approves a conditional use permit for a drive-up window at Excelsior Boulevard. Originator: Jeff Thomson, Planner Through: Loren Gordon, AICP, City Planner

4 Meeting of August 28, 2014 Page 4 Subject: Bauer Custom Hitches,. Supporting Information Surrounding Land Uses Planning Grading/Drainage Stormwater Bicycle Oasis CUP Standards Northerly: Single-family homes zoned R-1 and guided for low density residential uses Easterly: Peterson Pools, zoned B-2/Limited business and guided for commercial uses Southerly: Excelsior Boulevard and commercial uses Westerly: Baker Road and low-density residential uses Guide Plan designation: Commercial Zoning: B-2/Limited business There would be minimal grading associated with the proposed improvements. The building addition would be located where the existing building is located, and the parking lot improvements are simply repaving and restriping of the existing parking areas. There would be some grading necessary on the back of the building for the proposed parking expansion, and a small retaining wall would be constructed. There is an existing stormwater pond on the east corner of the site that was constructed when the U-Haul storage area was constructed. Due to the limited amount of grading and site disturbance, no additional stormwater management is required for the proposal. The plans show a future bicycle oasis on the back of the property. This would be a small area with amenities available for cyclists in the area. No trees would be removed for the site amenity. The proposal would meet the general conditional use permit standards as outlined in City Code Subd.2: 1. The use is consistent with the intent of this ordinance; 2. The use is consistent with the goals, policies and objectives of the comprehensive plan; 3. The use does not have an undue adverse impact on governmental facilities, utilities, services or existing or proposed improvements;

5 Meeting of August 28, 2014 Page 5 Subject: Bauer Custom Hitches,. 4. The use is consistent with the city's water resources management plan; 5. The use is in compliance with the performance standards specified in section of this ordinance; and 6. The use does not have an undue adverse impact on the public health, safety or welfare. The proposal would meet the specific conditional use permit standards for drive-up windows as outlined in City Code Subd. 4(d) 1) drive-up windows and stacking areas shall not be located adjacent to any residential parcel; Finding: The drive-up window would be adjacent to Baker Road and the stacking would wrap around the back of the building. The window would not be adjacent to a residential parcel. 2) stacking areas shall provide for a minimum of six cars per aisle; and Finding: Stacking would be provided for six stalls in the driveup lane. 3) public address system shall not be audible from any residential parcel. Finding: The applicant is not proposing to use a public address system. This is included as a condition of approval for any future changes. SBP Standards The proposed building would comply with site and building standards as outlined in city code. 1. Consistency with the elements and objectives of the city's development guides, including the comprehensive plan and water resources management plan; 2. Consistency with the ordinance; 3. Preservation of the site in its natural state to the extent practicable by minimizing tree and soil removal and designing

6 Meeting of August 28, 2014 Page 6 Subject: Bauer Custom Hitches,. grade changes to be in keeping with the general appearance of neighboring developed or developing areas; 4. Creation of a harmonious relationship of buildings and open spaces with natural site features and with existing and future buildings having a visual relationship to the development; 5. Creation of a functional and harmonious design for structures and site features, with special attention to the following: a) an internal sense of order for the buildings and uses on the site and provision of a desirable environment for occupants, visitors and the general community; b) the amount and location of open space and landscaping; c) materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with the adjacent and neighboring structures and uses; and d) vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. 6. promotion of energy conservation through design, location, orientation and elevation of structures, the use and location of glass in structures and the use of landscape materials and site grading; and 7. protection of adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. Easement Vacation There is an existing drainage and utility that runs through the middle of the site. The easement used to be along a property line. However, the properties were combined into one lot and the easement is no longer necessary. The applicant has applied to vacate the easement. That application will be considered by the

7 Meeting of August 28, 2014 Page 7 Subject: Bauer Custom Hitches,. city council and does not require review by the planning commission. Landscaping Motion Options The zoning ordinance requires landscaping be provided on the site as part of the proposed improvements. The applicant must provide a landscape plan with minimum landscape value of two percent of the proposed improvements. The landscape plan would be submitted and reviewed with the building permit. The planning commission has three options: (1) Concur with staff s recommendation. In this case a motion should be made to approve the proposal based on the findings outlined in the staff-drafted resolution. (2) Disagree with staff s recommendation. In this case a motion should be made recommending denial of the proposal. The motion should include findings for denial. (3) Table the request. In this case, a motion should be made to table the item. The motion should include a statement as to why the request is being tabled with direction to staff, the applicant or both. Neighborhood Comments The city sent notices to 57 area property owners and received no comments. Deadline for Decision: September 16, 2014

8 , CARIBOU DR INTERSTATE 494 INTERSTATE 494 BAKER RD ROYAL OAKS DR VALLEY RD EB HWY7 TO SB I494 SHADY DALE RD JUNCTION RD BRENWOOD TRL GREENWOOD TRL ELLERDALE RD GREENWOOD RD GAYWOOD DR DEERWOOD DR PIONEER RD Subject Property MERILEE DR BELLEVUE DR EXCELSIOR BLVD CARLETON RD ARLINGTON DR MAYVIEW RD JANE LN CROWN ST PRESCOTT DR MAYWOOD LN MAYWOOD LN Location Map Project: Applicants: Margaret & Michael Bauer Address: ( a) ± A1 This map is for illustrative purposes only.

9 CITY OF MINNETONKA CONDITIONAL USE PERMIT & SITE PLAN REVIEW PROPOSED DRIVE-UP WINDOW AND RELOCATION OF NEW CANOPY July 18, 2014 By: BAUER'S CUSTOM HITCHES Margaret & Michael Bauer, Owners This CUP request is to permit our business to offer Drive-Thru window for Coffee and Ice-Cream drinks. This service offers convenience to our customers, as it does for other businesses with drive-up window service and is of great value to them. By improving our service and offering high-demand products, it will improve overall satisfaction with our customer base and community. We need to replace our old canopy over new gas pumps that will also offer MINNOCO branded E15 and E30 blends of Biofuels. This will offer a new updated visual look and we will install new surface mounted LED lighting for energy efficiency and customer safety. CURRENT USE The business located at Excelsior Boulevard, Minnetonka is owned and operated by Margaret and Michael Bauer, longtime residents of Minnetonka and very involved in the community. The current operating business provides gas and diesel pumps for self-serve customers and refills propane tanks for barbecue grills and ice fisherman. The garage mechanics perform auto and truck repairs, oil changes and install custom hitches on vehicles. The inside convenience store offers the usual "C-Store" items of candy, gum, snacks, pop, juices and pre-packaged sandwiches. HISTORY The current building was built in 1962 for the original Phillips 66 Station that occupied the corner. The business has always offered a C-Store, fueling facilities, and an auto repair service center. During the summer of 2003, the present gas station property # and the vacant lot # towards the north and east were combined into one single parcel pursuant to City of Minnetonka resolution No A U-Haul storage lot was then built on the vacant lot and a storm water storage pond was installed for its runoff. Pay-at-the- Pumps were added during December 2003 to make it more convenient for our gas customers (especially for those parents with kids in car seats). PROPOSAL We would like to demolish and enlarge the C-Store portion of our gas station building by adding a drive-up window and offer our customers more convenience. An updated facility will better compliment a more modern City of Minnetonka building image. Improvements to the C-Store will also include upgrades for energy efficiency including central heating and air conditioning, fire sprinklers, LED lighting, efficient coolers for pop and food, etc. The proposed drive-up A2

10 window will be placed on the back of the building so we will have lots of room to stack waiting vehicles. Stacking is wholly contained on our property with room for overflow and is compatible with traffic flow onsite. The new canopy over the gas pumps will have a more aesthetically pleasing visual look and we will install new LED lighting for energy efficiency and customer safety. Lighting will be in accordance with the standards set by the City of Minnetonka. CONCLUSION To summarize, we want to offer better service and products to our customers. The C-Store/Gas industry encourages Co-Branding of products and services to better serve one's customers. Our customers have repeatedly stated to us, that they would like to see us upgrade our building image and also offer a drive-up window. This CUP request is consistent with the current use of the property and should not in any way conflict with the intent of the ordinance. It is likewise consistent with the goals, policies and objectives of the comprehensive plan of the City of Minnetonka. There is no foreseen adverse impact on any governmental facilities or services, nor the health, safety and welfare of the community due to these proposed improvements to our business. The addition of our new contemporary looking building will enhance the appearance of our business and the recently redesigned Baker Road and Excelsior Boulevard intersection. Minnetonka is a growing community that wants small businesses like ours to succeed so they (the business) can give back to the community that supports them. Thank you for your time and consideration of our CUP and Site/ Building Plan applications. Sincerely, Margaret Bauer Michael Bauer Crestwood Drive East Minnetonka, MN (952) *************************************************************************** A3

11 EDS ENGINEERING DESIGN & SURVEYING 6480 Wayzata Blvd. Minneapolis, MN OFFICE: (763) FAX: (763) WEBSITE: A4

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19 Staff recommended site plan changes (3) Drive aisle changes: Removed drive-aisle from county right-of-way Maximum ingress/egress width of 24 feet with turning radius Maintain minimum 24-foot drive aisle (2) Gas Canopy Changes: Reduce width to 48 feet Shift west towards Baker Road Maintain minimum 10-foot setback from Excelsior Blvd Maintain minimum 22-foot drive aisle on (1) Parking Changes: 60-degree angled parking Maintain minimum 24-foot drive-aisle Maintain minimum 20-foot setback from Baker Rd ," -aggaggam ISMNINORmigo Mh MMIBIlt., 0, 0.11MMINIft A12

20 Resolution No Resolution approving final site and building plans with setback variance for a building addition and gas canopy at Excelsior Boulevard Be it resovled by the Planning Commission of the City of Minnetonka, Minnesota, as follows: Section 1. Background Margaret and Michael Bauer and Bauer Capital Corporation have requested approval of final site and building plans for a building addition and new gas canopy. (Project No a) 1.02 The property is located at Excelsior Boulevard. It is legally described on Exhibit A The applicants proposal requires final site and building plan review for a building addition and new gas canopy The gas canopy requires a setback variance from 20 feet to 10 feet from the property line along Excelsior Boulevard On August 28, 2014, the Planning Commission held a hearing on the proposal. The applicant was provided the opportunity to present information to the Planning Commission. The Planning Commission considered all of the comments received and the staff report, which are incorporated by reference into this resolution. Section 2. General Standards City Code , Subd. 5, states that in evaluating a site and building plan, the city will consider its compliance with the following: A13

21 Resolution No Page 2 1. Consistency with the elements and objectives of the city's development guides, including the comprehensive plan and water resources management plan; 2. Consistency with the ordinance; 3. Preservation of the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of neighboring developed or developing areas; 4. Creation of a harmonious relationship of buildings and open spaces with natural site features and with existing and future buildings having a visual relationship to the development; 5. Creation of a functional and harmonious design for structures and site features, with special attention to the following: a) an internal sense of order for the buildings and uses on the site and provision of a desirable environment for occupants, visitors and the general community; b) the amount and location of open space and landscaping; c) materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with the adjacent and neighboring structures and uses; and d) vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. 6. Promotion of energy conservation through design, location, orientation and elevation of structures, the use and location of glass in structures and the use of landscape materials and site grading; and 7. Protection of adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight A14

22 Resolution No Page 3 buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses By City Code Subd. 1, a variance may be granted from the requirements of the zoning ordinance when: (1) the variance is in harmony with the general purposes and intent of this ordinance; (2) when the variance is consistent with the comprehensive plan; and (3) when the applicant establishes that there are practical difficulties in complying with the ordinance. Practical difficulties means: (1) The proposed use is reasonable; (2) the need for a variance is caused by circumstances unique to the property, not created by the property owner, and not solely based on economic considerations; and (3) the proposed use would not alter the essential character of the surrounding area. Section 3. Findings The proposal would meet site and building plan standards outlined in the City Code , Subd The proposal meets the variance standard outlined in City Code Subd. 1(a): 1. PURPOSE AND INTENT OF THE ZONING ORDINANCE: The proposed setback variance is consistent with the purpose and intent of the zoning ordinace. The intent of the setback requirement is to provide adequate space and separation beteween structures and and property lines. In this case, there is 50 to 60 feet of right-of-way between the paved surface of Excelsior Boulevard and the property line.the right-of-way distrance is larger than typical, and provides significant separation between the canopy and the public street. 2. CONSISTENT WITH COMPREHENSIVE PLAN: The proposed gas canopy is consistent the the commercial land use designation of the property in the city s comprehensive plan, and of the existing conditional use permit for the automobile service use. 3. PRACTICAL DIFFICULTIES: There are practical difficulties in complying with the ordinance: a) REASONABLENESS: The proposed gas canopy would be set back further from the property line than the existing gas A15

23 Resolution No Page 4 canopy on the property, and the proposed canopy is located in a better location for site circulation. b) UNIQUE CIRCUMSTANCE: The setback of the existing gas canopy and the significant distance between the paved edge of Excelsior Boulevard and the property line are circumstances unique to this property. c) CHARACTER OF LOCATILTY: The proposed gas canopy would not adversely impact the character of the locality. The proposed gas canopy would be set back further from the property line than the existing gas canopy. Section 4. Council Action The above-described site and building plans and setback variance are approved, subject to the following conditions: 1. Subject to staff approval, the site must be developed and maintained in substantial conformance with the following plans, except as modified by the conditions below: Site plan dated July 17, 2014 Grading, drainage, and erosion control plan dated July 17, Prior to issuance of a building permit: a) Submit the following for review and approval by city staff: 1) Final site, grading, drainage, utility, landscape, and tree mitigation plans, and a stormwater pollution prevention plan (SWPPP) for staff approval. a. Final site plan must: The parking stalls constructed on the back of the building must be angled, with a minimum drive aisle width of 24 feet. The new drive aisle and parking stalls must also be set back a minimum of 20 feet from the property line along Baker Road. A16

24 Resolution No Page 5 The gas canopy must be reduced in size to a maximum of 40 feet by 48 feet. The canopy must be moved to the west, closer to Baker Road, and must maintain a mimum set back of 10 feet from property line along Excelsior Boulevard, and a minimum drive aisle width of 22 feet on the west side of the canopy. The parking lot edge on the west side cannot extend any closer to the property line along Baker Road than the existing drive aisle. The parking stalls on the southwest corner of the site must not be striped unless there is a demonstrated parking need, as determined by the city. If the city requires striping of the parking stalls, a minimum 12-foot drive aisle must be maintained around the gas canopy. The drive aisle and parking lot must be removed from the Excelsior Boulevard rightof-way, except for the driveway approach from Excelsior Boulevard which may have a maximum width of 24 feet with an adequate turning radius for car and truck maneuvering. The parking lot and drive aisles must have curb and gutter along the entire perimeter. b. Final utility plan: All water service leads that are not being used should be removed back to the point of origin. As depicted and documented, the water service comes from the main, crosses the road, and then branches out into two services. The service removal should be made to the main, or to the service branch if the other branch is to continue providing active service. Confirm if a new water service needs to be constructed in order to adequately provide water service to the building as well as to A17

25 Resolution No Page 6 provide the fire protection that is proposed. The existing service is 1-inch. If the service is upsized, the work needs to be coordinated with the County. 2) Final landscaping and tree mitigation plan. The plan must meet minimum landscaping and mitigation requirements as outlined in ordinance. However, at the sole discretion of natural resources staff, mitigation may be decreased based on any of the following: the health of trees removed; the ability to appropriately install trees and other shrubbery given existing vegetation and topography. 3) Individual letters of credit or cash escrow for 125% of a bid cost or 150% of an estimated cost to construct utility improvements, comply with tree mitigation requirements, and to restore the site. One itemized letter of credit is permissible, if approved by staff. The city will not fully release the letters of credit or cash escrow until: (1) as-built drawings have been submitted; (2) a letter certifying that the utilities have been completed according to the plans approved by the city has been submitted; (3) vegetated ground cover has been established; and (4) required landscaping or vegetation has survived one full growing season. 4) A construction management plan. This plan must be in a city approved format and outline minimum site management practices and penalties for noncompliance. 5) A copy of the approved MPCA NPDES permit. 6) Evidence of closure/capping of any existing wells, septic systems, and removal of any existing fuel oil tanks. 7) Cash escrow in an amount to be determined by city staff. This escrow must be accompanied by a document prepared by the city attorney and signed by A18

26 Resolution No Page 7 the builder and property owner. Through this document the builder and property owner will acknowledge: The property will be brought into compliance within 48 hours of notification of a violation of the construction management plan, other conditions of approval, or city code standards; and If compliance is not achieved, the city will use any or all of the escrow dollars to correct any erosion and/or grading problems. b) This resolution must be recorded at Hennepin County. c) Install a temporary rock driveway, erosion control, tree and wetland protection fencing and any other measures indentified on the SWPPP for staff inspection. These items must be maintained throughout the course of construction. 3. Permits may be required from other outside agencies including, Hennepin County, the Nine Mile Creek Watershed District, and the MPCA. It is the applicant s and property owner s responsibility to obtain any necessary permits. 4. The property owner is responsible for replacing any required landscaping that dies. 5. The signs as shown on the plans are not approved as part of the site and building plan review application. Separate sign permits are required that compy with the zoning regulations. 6. All rooftop and ground-mounted mechanical equipment, and exterior trash and recycling storage areas, must be enclosed with materials compatible with the principal structure, subject to staff approval. Low profile, self-contained mechanical units that blend in with the building architecture are exempt from the screening requirement. 7. Construction must begin by December 31, 2015, unless the planning commission grants a time extension. A19

27 Resolution No Page 8 Adopted by the City Council of the City of Minnetonka, Minnesota, on September 15, Terry Schneider, Mayor Attest: David E. Maeda, City Clerk Action on this resolution: Motion for adoption: Seconded by: Voted in favor of Voted against: Abstained: Absent: Resolution adopted. I hereby certify that the foregoing is a true and correct copy of a resolution adopted by the City Council of the City of Minnetonka, Minnesota, at a meeting held on September 15, David E. Maeda, City Clerk A20

28 Resolution No Page 9 Exhibit A LEGAL DESCRIPTION That part of Tract B, registered Land Survey No. 937, files of the Registrar of Titles, County Hennepin, State of Minnesota, lying southwesterly of a line and its northwesterly extension described as commencing at northwest corner of said Tract B; thence South 88 degrees 25 minutes 00 seconds East, assumed bearing along the north line of said Tract B a distance of feet to an angle point in said north line; thence South 24 degrees 00 minutes 29 seconds East a distance of feet; thence South 48 degrees 12 minutes 23 seconds East a distance of feet to the southeasterly line of said Tract B and there terminating. A21

29 Resolution No Resolution approving a conditional use permit for a drive-up window at Excelsior Boulevard Be it resolved by the City Council of the City of Minnetonka, Minnesota, as follows: Section 1. Background Margaret and Michael Bauer and Bauer Capital Corporation have requested a conditional use permit for a drive-up window The property is located at Excelsior Boulevard. It is legally described on Exhibit A On August 28, 2014, the planning commission held a hearing on the proposal. The applicant was provided the opportunity to present information to the planning commission. The planning commission considered all of the comments received and the staff report, which are incorporated by reference into this resolution. The commission recommended that the city council approve the permit. Section 2. General Standards City Code Subd. 2 lists the following general standards that must be met for granting a conditional use permit: 1. The use is consistent with the intent of the ordinance; 2. The use is consistent with the goals, policies and objectives of the comprehensive plan; 3. The use does not have an undue adverse impact on governmental facilities, utilities, services or existing or proposed improvements; A22

30 Resolution No Page 2 4. The use is consistent with the city's water resources management plan; 5. The use is in compliance with the performance standards specified in of the ordinance; and 6. The use does not have an undue adverse impact on the public health, safety or welfare. Section 3. Specific Standards City Code Subd. 4(d) lists the following specific standards that must be met for granting a conditional use permit for uses having a drive-up window. 1. Drive-up windows and stacking areas shall not be located adjacent to any residential parcel; 2. Stacking areas shall provide for a minimum of six cars per aisle; and 3. Public address system shall not be audible from any residential parcel. Section 4. Findings The proposal meets the conditional use permit standards. 1. The drive-up window would be adjacent to Baker Road and the stacking would wrap around the back of the building. The window would not be adjacent to a residential parcel. 2. Stacking would be provided for six stalls in the drive-up lane. 3. The applicant is not proposing to use a public address system. This is included as a condition of approval for any future changes. Section 5. Council Action The above-described conditional use permit is approved, subject to the following conditions: A23

31 Resolution No Page 3 1. Subject to staff approval, the property must be developed and maintained in substantial conformance with the site plan dated July 17, 2014, and as amended by the city council Resolution No approving final site and building plans. 2. Prior to issuance of a building permit, this resolution must be recorded with Hennepin County. 3. Public address system shall not be audible from any residential parcel. 4. The city council may reasonably add or revise conditions to address any future unforeseen problems. 5. Any change to the approved use that results in a significant increase in traffic or a significant change in character would require a revised conditional use permit. Adopted by the City Council of the City of Minnetonka, Minnesota, on September 15, Terry Schneider, Mayor Attest: David E. Maeda, City Clerk Action on this resolution: Motion for adoption: Seconded by: Voted in favor of Voted against: Abstained: Absent: A24

32 Resolution No Page 4 Resolution adopted. I hereby certify that the foregoing is a true and correct copy of a resolution adopted by the City Council of the City of Minnetonka, Minnesota, at a meeting held on September 15, David E. Maeda, City Clerk A25

33 Resolution No Page 5 Exhibit A A26