4.1 Kwik Trip #1204
Request for
City Council Action
DEPARTMENT INFORMATION
ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE:
Planning City Planner Licht 28 February 2022
PRESENTER(s) REVIEWED BY: ITEM #:
City Planner Licht City Administrator/Finance Director Flaherty
City Engineer Wagner
City Attorney Kendall
4.1 – Kwik Trip #1204
STRATEGIC VISION
MEETS: THE CITY OF OTSEGO:
X Is a strong organization that is committed to leading the community through innovative
communication.
Has proactively expanded infrastructure to responsibly provide core services.
Is committed to delivery of quality emergency service responsive to community needs and
expectations in a cost-effective manner.
X Is a social community with diverse housing, service options, and employment opportunities.
Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends adoption of findings of fact to deny an application for a conditional use permit to
allow a motor fuel facility and car wash.
ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED?
No
Yes, held by Planning Commission 7 February 2022
BACKGROUND/JUSTIFICATION:
Kwik Trip, Inc. has submitted plans for development of a 9,126 square foot convenience store with 10
motor fuel pumps and a single lane car wash on Lot 1, Block 28, Parrish Meadows. The subject site is
located at the northwest corner of Parrish Avenue (CSAH 42) and 87th Street. The proposed development
requires consideration of an application for a conditional use permit for a motor fuel station and car wash.
A public hearing to consider the application was held by the Planning Commission at their meeting on 7
February 2022. Mr. Dean George of Kwik Trip, Inc. was present as the applicant and addressed the
Planning Commission. Mr. Dan Willenbring of Tamarack Development, LLC, which owns the lot proposed
to be developed, was also present and stated his support of the application.
The public hearing was closed. The Planning Commission had extensive discussion regarding the proposed
use and site plan based on the considerations outlined by City staff and comments from the developer. By
a 3-2 vote, the Planning Commission approved a recommendation that the City Council approve the
conditional use permit subject to the conditions outlined by City staff, but removing the following:
1. The site plan shall be revised subject to review and approval of the Zoning
Administrator to:
a. Locate the fuel canopy east of the principal building in the yard facing
Parrish Avenue (CSAH 42).
b. Eliminate the need for fuel and store delivery vehicles to perform
backing maneuvers to access and circulate within the site.
The City Council considered the application and recommendations at their meeting on 14 February 2022.
Mr. Dean George, of Kwik Trip, Inc., was present as the applicant and addressed the City Council and
answered questions. Following discussion, the City Council voted 5-0 to table the application and directed
City staff to prepare findings of fact to deny the application for consideration at the City Council meeting
on 28 February 2022.
SUPPORTING DOCUMENTS ATTACHED:
▪ Findings of Fact and Decision for Approval
▪ Findings of Fact and Decision for Denial
POSSIBLE MOTIONS
PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES:
Motion to approve a conditional use permit for Kwik Trip #1204 subject to the stipulations as stated by the
findings of fact and decision as presented.
Motion to deny application for Kwik Trip #1204 in accordance with the Findings of Fact and Decision as
presented.
Motion to table.
BUDGET INFORMATION
FUNDING: BUDGETED:
N/A
N/A
v2-28 Feb 22 1
CONDITIONAL USE PERMIT
FINDINGS & DECISION
APPLICANT: Kwik Trip, Inc.
APPLICATION: Request for a conditional use permit to allow a motor fuel station and car wash use.
CITY COUNCIL MEETING: 28 February 2022
FINDINGS: Based upon review of the application and evidence received, the Otsego City Council now
makes the following findings of fact:
A. The legal description of the property is Lot 1, Block 28, Parrish Meadows.
B. The property lies within the East Sewer District and is guided commercial land uses by the 2012
Otsego Comprehensive Plan, as amended.
C. The property is zoned B-3, General Business District.
D. Motor fuel stations and car wash uses are allowed by approval of a conditional use permit within
the B-3 District.
E. The Planning Commission and City Council are to consider the criteria established by Section 11-
4-2.F of the Zoning Ordinance in evaluating the potential effects of the proposed use:
1. The proposed action's consistency with the specific policies and provisions of the Otsego
Comprehensive Plan.
Finding: The following policies of the 2012 Comprehensive Plan are relevant in
consideration of the proposed use and interpreted by the Planning Commission and City
Council that the proposed use is consistent with the City’s objectives:
▪ Encourage provision of a balanced variety of development types to satisfy the needs,
desires and income levels of all people while preventing an oversupply of any one type
of development. (Page 19)
▪ Accomplish transitions between different land uses in an orderly manner that so as
not to create negative impacts on adjoining developments; changes in types of land
use shall occur either at mid-block points, so that similar uses front on the same street,
or at borders of areas separated by physical barriers. (Page 19)
v2-28 Feb 22 2
▪ Regulate incompatible land uses so that conflicts are minimized through the use of
physical barriers (i.e., topography, drainageways, transportation routes, etc.),
distance, screening, or proper physical orientation of lots and buildings. (Page 19)
▪ Analyze all development proposals shall be an individual basis from a physical,
economic and social standpoint within the context of the entire community to
determine appropriate uses. (Page 20)
▪ Avoid exposure of residential development from adverse environmental impacts,
including noise, air, and visual pollution and new development shall be prohibited in
areas where noise and/or pollution exceed accepted standards and the negative
impacts are not correctable by construction, site planning or other techniques. (Page
22)
▪ Develop commercial nodes as cohesive, highly interrelated units with adequate off-
street parking and appropriate regulated points of access. (Page 25)
▪ Development of one quadrant of a street intersection shall not indicate or dictate
commercial use of the remaining quadrants. (Page 25)
▪ The intrusion of commercial land uses in residential districts shall be regulated and
controlled to minimize adverse impacts. An orderly transition between the highway
commercial areas and low-density residential neighborhoods shall be established
through the introduction of higher density residential uses. All commercial uses shall
be adequately screened or buffered from any adjacent residential development. (Page
26)
2. The proposed use's compatibility with present and future land uses of the area.
Finding: The subject site is a transitional location between the Parrish Avenue (CSAH 42)
commercial corridor and residential uses to the west. The site plan orienting the major
activity around the fuel islands within the site west of the principal building, requiring fuel
and store delivery vehicles to utilize only the site access closest to adjacent residential
neighborhoods to both enter and exit the site, and requiring backing maneuvers for store
delivery vehicles will create noise and visual pollution for surrounding uses that must be
mitigated through the site design and construction techniques.
3. The proposed use's conformity with all performance standards contained within the
Zoning Ordinance and other provisions of the City Code.
Finding: The submitted plans must be revised to comply with provisions of the Zoning
Ordinance as conditions of approval.
4. Traffic generation of the proposed use in relation to capabilities of streets serving the
property.
Finding: The subject site is accessed via Parrish Avenue (CSAH 42) designated as a minor
arterial street and 87th Street and Parkview Avenue designated as local commercial streets
by the 2012 Comprehensive Plan (as amended). These streets are improved r oadways
with adequate capacity to accommodate traffic generated by the proposed use.
v2-28 Feb 22 3
5. The proposed use can be accommodated by existing public services and facilities and will
not overburden the City's service capacity.
Finding: The subject site is within the East Sewer District where the City has provided for
construction of infrastructure and provision of City services to accommodate planned
development. The proposed use will not overburden the City’s service capacity.
F. The Planning Report dated 8 February 2022 prepared by the City Planner, The Planning Company
LLC, is incorporated herein.
G. The engineering review dated January 6, 2022 prepared by the City Engineer, Hakanson Anderson,
Inc. is incorporated herein.
H. The Planning Commission conducted a public hearing at their regular meeting on 7 February 2022
to consider the application, preceded by published and mailed notice; based upon review of the
application and evidence received, the public hearing was closed and the Planning Commission
recommended by a 3-2 vote that the City Council approve the request based on the
aforementioned findings.
I. The City Council considered the application at their meeting on 14 February 2022 and voted 5-0
to table the application to direct City staff to prepare findings of fact and decision to deny the
application for review at the 28 February 2022 City Council meeting.
DECISION: Based on the foregoing information and applicable ordinances, the request is hereby
APPROVED, subject to the following conditions:
1. The site plan shall be revised subject to review and approval of the Zoning Administrator to:
a. Locate the fuel canopy east of the principal building in the yard facing Parrish Avenue
(CSAH 42).
b. Eliminate the need for fuel and store delivery vehicles to perform backing maneuvers to
access and circulate within the site.
c. Set back the off-street parking area a minimum of 15 feet from the 87th Street right-of-
way.
d. Construct a sidewalk along the north side of the subject site between Parrish Avenue and
Parkview Avenue with a crossing to the sidewalk at the west side of the building.
e. Expand the section of the sidewalk in between the west vestibule to the store and the
concrete bollards to a minimum of three feet.
f. Detail that the fuel pumps are elevated on islands six inches above the drive aisle surface.
g. Provide a minimum setback of 24 feet between the curb face of the pump islands.
h. Relocate the vacuum service area to be setback 30 feet from public rights-of-way and 10
feet from interior lot lines.
v2-28 Feb 22 4
2. Hours:
a. The motor fuel station shall operate only between the hours of 5:00AM and 12:00AM
(Midnight) each day.
b. The car wash shall operate only between the hours of 7:00AM and 10:00PM each day.
3. The height of sales displays under the fuel canopy shall be limited to three feet.
4. The architectural plan for the canopy shall be revised to provide brick columns.
5. The landscape plan shall be revised subject to review and approval of the Zoning Administrator
to:
a. Provide plantings consistent with the landscape plan approved with the preliminary
plat/PUD-CUP of Parish Meadows.
b. Provide for additional deciduous shade or ornamental trees in the yard along Parrish
Avenue (CSAH 42) east of the stormwater basin.
6. The sign plan shall be revised to remove the proposed signs from the canopy structure.
7. Detailed construction and material plans for the trash enclosures shall comply with Section 11-
18-4.C of the Zoning Ordinance, subject to review and approval of the Zoning Administrator.
8. All grading, drainage, and erosion control issues shall be subject to review and approval of the
City Engineer.
9. All utility plans shall be subject to review and approval of the City Engineer.
10. All easements shall be subject to review and approval of the City Engineer.
11. Payment of utility connection charges shall be required at the time a building permit is issued in
accordance with the City Code.
12. Upon approval of the submitted application but prior to issuance of a building permit, the
developer shall execute a Site Improvement Performance Agreement drafted by the City Attorney
and approved by the City Council.
v2-28 Feb 22 5
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this 28th day of February, 2022.
CITY OF OTSEGO
By:________________________________
Jessica L. Stockamp, Mayor
Attest:
By:____________________________
Audra Etzel, City Clerk
v2-28 Feb 22 1
CONDITIONAL USE PERMIT
FINDINGS & DECISION
APPLICANT: Kwik Trip, Inc.
APPLICATION: Request for a conditional use permit to allow a motor fuel station and car wash use.
CITY COUNCIL MEETING: 28 February 2022
FINDINGS: Based upon review of the application and evidence received, the Otsego City Council now
makes the following findings of fact:
A. The legal description of the property is Lot 1, Block 28, Parrish Meadows.
B. The property lies within the East Sewer District and is guided commercial land uses by the 2012
Otsego Comprehensive Plan, as amended.
C. The property is zoned B-3, General Business District.
D. Motor fuel stations and car wash uses are allowed by approval of a conditional use permit within
the B-3 District.
E. The Planning Commission and City Council are to consider the criteria established by Section 11-
4-2.F of the Zoning Ordinance in evaluating the potential effects of the proposed use:
1. The proposed action's consistency with the specific policies and provisions of the Otsego
Comprehensive Plan.
Finding: The following policies are relevant in consideration of the proposed use and
interpreted by the City Council that the proposed use is not consistent with the goals of
the 2012 Comprehensive Plan:
▪ Encourage provision of a balanced variety of development types to satisfy the needs,
desires and income levels of all people while preventing an oversupply of any one type
of development. (p. 19)
▪ Accomplish transitions between different land uses in an orderly manner that so as
not to create negative impacts on adjoining developments; changes in types of land
use shall occur either at mid-block points, so that similar uses front on the same street,
or at borders of areas separated by physical barriers. (p. 19)
v2-28 Feb 22 2
▪ Regulate incompatible land uses so that conflicts are minimized through the use of
physical barriers (i.e., topography, drainageways, transportation routes, etc.),
distance, screening, or proper physical orientation of lots and buildings. (p. 19)
▪ Analyze all development proposals on an individual basis from a physical, economic
and social standpoint within the context of the entire community to determine
appropriate uses. (p. 20)
▪ Avoid exposure of residential development from adverse environmental impacts,
including noise, air, and visual pollution and new development shall be prohibited in
areas where noise and/or pollution exceed accepted standards and the negative
impacts are not correctable by construction, site planning or other techniques. (P. 22)
▪ Develop commercial nodes as cohesive, highly interrelated units with adequate off-
street parking and appropriate regulated points of access. (p. 25)
▪ Development of one quadrant of a street intersection shall not indicate or dictate
commercial use of the remaining quadrants. (p. 25)
▪ The intrusion of commercial land uses in residential districts shall be regulated and
controlled to minimize adverse impacts. An orderly transition between the highway
commercial areas and low-density residential neighborhoods shall be established
through the introduction of higher density residential uses. All commercial uses shall
be adequately screened or buffered from any adjacent residential development. (p.
26)
2. The proposed use's compatibility with present and future land uses of the area.
Finding: The proposed development of the subject site is not compatible with the existing
residential use approved to the west. The subject site is a transitional location between
the Parrish Avenue (CSAH 42) commercial corridor and residential uses to the west. The
site plan orienting the major activity around the fuel islands within the site west of the
principal building, requiring fuel and store delivery vehicles to utilize only the site access
closest to adjacent residential neighborhoods to both enter and exit the site, and requiring
backing maneuvers for store delivery vehicles will create noise and visual pollution for
surrounding uses that are not mitigated through the site design and construction
techniques.
3. The proposed use's conformity with all performance standards contained within the
Zoning Ordinance and other provisions of the City Code.
Finding: The submitted plans do not comply with provisions of the Zoning Ordinance
related to setbacks between the fuel islands, the location of the vacuum station, and off-
street parking; the number of wall signs proposed on the principal building and canopy
structure; and the exterior finish materials used on the canopy structure.
v2-28 Feb 22 3
4. Traffic generation of the proposed use in relation to capabilities of streets serving the
property.
Finding: The subject site is accessed via Parrish Avenue (CSAH 42) designated as a minor
arterial street and 87th Street and Parkview Avenue designated as local commercial streets
by the 2012 Comprehensive Plan (as amended) with adequate capacity to accommodate
traffic generated by the proposed use.
5. The proposed use can be accommodated by existing public services and facilities and will
not overburden the City's service capacity.
Finding: The subject site is within the East Sewer District where the City has provided for
construction of infrastructure and provision of City services to accommodate planned
development. The proposed use will not overburden the City’s service capacity.
F. The Planning Report dated 8 February 2022 prepared by the City Planner, The Planning Company
LLC, is incorporated herein.
G. The engineering review dated January 6, 2022 prepared by the City Engineer, Hakanson Anderson,
Inc. is incorporated herein.
H. The Planning Commission conducted a public hearing at their regular meeting on 7 February 2022
to consider the application, preceded by published and mailed notice; based upon review of the
application and evidence received, the public hearing was closed and the Planning Commission
recommended by a 3-2 vote that the City Council approve the request based on the
aforementioned findings.
I. The City Council considered the application at their meeting on 14 February 2022 and voted 5-0
to table the application to direct City staff to prepare findings of fact and decision to deny the
application for review at the 28 February 2022 City Council meeting.
DECISION: Based on the foregoing information and applicable ordinances, the request is hereby DENIED.
v2-28 Feb 22 4
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this 28th day of February, 2022.
CITY OF OTSEGO
By:________________________________
Jessica L. Stockamp, Mayor
Attest:
By:____________________________
Audra Etzel, City Clerk