BP Hemlock Planned Unit Development Concept and Development Stage Plan Rezoning

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STAFF REPORT TO THE PLANNING COMMISSION May 9,2016 BP Hemlock Planned Unit Development Concept and Development Stage Plan Rezoning Applicant: Owner: Requested Action: Location: Zoning: Tay-Lan

11960 73rd Ave N FF, Freeway Frontage Adjacent Land Use and Zoning: North: Mixed Use Development; FF, Freeway Frontage East: Mixed Use Development; 1-94 exit ramp South: Medium Density Residential;

1 STAFF REPORT TO THE PLANNING COMMISSION May 9,2016 BP Hemlock Planned Unit Development Concept and Development Stage Plan Rezoning Applicant: Owner: Requested Action: Location: Zoning: Tay-Lan Properties, LLC Tracy Lubke 605 Pineview Lane Plymouth, MN Same Applicant seeks approval to rezone property to Planned Unit Development and to add 4 pump islands rd Ave N FF, Freeway Frontage Adjacent Land Use and Zoning: North: Mixed Use Development; FF, Freeway Frontage East: Mixed Use Development; 1-94 exit ramp South: Medium Density Residential; PUD, Planned Unit Development West: Mixed Use Development; FF, Freeway Frontage Application Received: 60 Day Review Deadline: April 8,2016 June 7, 2016 STAFF COMMENTS: The applicant desires to add four additional pumps to their existing gas station at rd Ave N. However, the current use as a gas station is considered a legal non-conforming use because the size of the building doesn't conform to the Freeway Frontage size requirements. This means the use cannot be expanded in anyway such as adding pumps. There has been a long and sometimes contentious history with the gas station use on this site and the City of Maple Grove. Considering the time the use has been at this location and the likelihood of the use continuing at this location for the foreseeable future, staff feels that the most appropriate action would be to rezone the property from Freeway Frontage to a Planned Unit Development so that the current use would be considered a legal conforming use and expansions such as they are suggesting would be allowed. Below is a history of the site and the history of other gas stations that were rezoned to PUD. G:\CASES\20 16\BP Hemlock\Staff Reports\PC Reports\BP Hemlock adding 4 pump islands 5-9-l6.docx

Staff Report to the Planning Commission BP Hemlock May 9,2016 Page 2 History: May 1991: Four gas stations were rezoned to PUD so that they would be considered legal conforming uses.

1991: Amoco proposed a gas station on this site and was denied as this site was zoned MXD which required a building of

2 Staff Report to the Planning Commission BP Hemlock May 9,2016 Page 2 History: May 1991: Four gas stations were rezoned to PUD so that they would be considered legal conforming uses. A previous rezoning to B-Business had made these gas stations legal nonconforming uses due to setbacks from wetlands and residential property Sept. 1991: Amoco proposed a gas station on this site and was denied as this site was zoned MXD which required a building of 6, 160 s.f. in area, whereas the City of Maple Grove measured only 2,355 s.f. The applicant argued that their canopy should be considered part of the building calculation but the City disagreed. Amoco then sued the City and won and they were allowed to build the gas station. 1990's: The City of Maple Grove amended the zoning code to more specifically define a building. Said definition requires an enclosure which a canopy does not provide so under the current definition of building, the site does not have enough building to meet code requirements. 1998: The City of Maple Grove amended the zoning code and changed all MXD zoning districts to FF-Freeway Frontage. This amendment created some specific limitation on stand-alone retail uses such as a gas station. During the City Council meeting this gas station was specifically referenced as something that wouldn't be allowed under the FF-Freeway Frontage zoning and was only allowed because of a court order. The zoning code amendment regarding buildings and subsequent adoption of the Freeway Frontage language created a situation where the now BP gas station is considered a legal nonconforming use. A 2006 Zoning Letter reiterated this status. Analysis: As we stated at the beginning of the report, staff now feels the best course of action is to accept the use as it is, rezone the property to PUD and officially approve the property as a Planned Unit Development Concept Stage Plan and Development Stage Plan to remove its non-conforming status. The PUD will approve the property as is with all setbacks, building sizes shown and approved. We have added a condition of approval that the applicant submit a full survey to memorialize the existing conditions as the official approved plan. We note that similar to the gas stations rezoned in 1991, this gas stations storage tank sits less than 300 feet from a wetland (it appears to be approximately 220 feet) and the rezoning to PUD would allow this tank to remain at its current setback. G:\CASES\2016\BP Hemlock\StaffReports\PC Reports\BP Hemlock adding 4 pump islands docx

Staff Report to the Planning Commission BP Hemlock May 9, 2016 Page 3 STAFF RECOMMENDATION: Motion to recommend that the City Council direct staff to draft an Ordinance rezoning property from FF,

Motion recommend that the City Council direct the City Attorney to draft a resolution approving a PUD Concept Stage Plan and Development Stage Plan for the BP Hemlock, subject to: 1.

3 Staff Report to the Planning Commission BP Hemlock May 9, 2016 Page 3 STAFF RECOMMENDATION: Motion to recommend that the City Council direct staff to draft an Ordinance rezoning property from FF, Freeway Frontage to PUD, Planned Unit Development. Motion recommend that the City Council direct the City Attorney to draft a resolution approving a PUD Concept Stage Plan and Development Stage Plan for the BP Hemlock, subject to: 1. The applicant submitting a full survey of the site to memorialize the existing conditions of the site as the approved plan. The applicant shall acknowledge that Park Dedication requirements are based on staff review and recommendation to the Park and Recreation Board and their subsequent Board Action. Board meetings are held on the third Thursday of each month. Authored by: Peter Vickerman G:\CASES\20 16\BP Hemlock\Staff Reports\PC Reports\BP Hemlock adding 4 pump islands docx

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ORIGINATING DEPT. AGENDA ITEM CITY ADMINISTRATOR APPROVAL

November 16, 2015 DATE REQUEST FOR COUNCIL ACTION 6A AGENDA ITEM ORIGINATING DEPT. AGENDA ITEM CITY ADMINISTRATOR APPROVAL Community Development The Enclave at Dunlavin Woods lle- PUD Concept Stage Plan