Sponsor - Sheila Sellman, City Planner
Title
Title
Public Hearing Case File No. 22-0082 // Tommy’s Express Car Wash // 4252 122nd Avenue NE
The applicant is requesting the following:
1. Rezoning from PBD (Planned Business District) to B-2 (Community Commercial).
2. Conditional use permit for a standalone carwash in a B-2 zoning district.
end
Background
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Zoning |
PBD (Planned Business District) |
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Land Use |
PC (Planned Commercial) |
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Area |
2.35 Acres |
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Applicable Regulations |
27.03 27.04 30.10 |
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Attachments |
Zoning and Location Map |
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Narrative |
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Site Plan |
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Elevations |
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Landscape Plan |
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Grading & Drainage |
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Utility Plan |
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Storm Water |
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Council Workshop Minutes 10/10/22 |
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Public Comments |
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Planned Business District (PBD) |
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Community Commercial (B-2) |
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Schedule |
Planning Commission: 03/14/23 |
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City Council: 04/03/23 and 04/17/23 |
Staff report prepared by Sheila Sellman, City Planner and Teresa Barnes, Project Engineer
Zoning
The subject site is zoned PBD (Planned Business District). The applicant is requesting to rezone to (B-2) Community Commercial.
Land Use Designation
The comprehensive land use designation is PC (Planned Commercial). The purpose of this district is to accommodate commercial, retail and office uses in a planned, cohesive style of development. PC areas are in areas with good visibility and access from major roadways and are sufficiently sized to accommodate a larger scale planned design and concept. CC zoning is consistent with this land use designation.
Surrounding Zoning and Uses
Property to the north is zoned PBD (developed with Kwik Trip). The property to the east is zoned DF (Development Flex) and is outlot A, Parkside North 8th Addition. Single family homes are east of the vacant outlot. The property to the south is a substation and zoned PBD. Lexington Avenue is to the west.
Existing Conditions
The site is vacant with a wetland present.
History
The subject site is Outlot C of Parkside North that was platted in 2015. The potential rezoning and Tommy’s Car Wash was presented at the Council workshop on October 10, 2022; general consensus from the Council was to move forward with the application.
Rezoning
Section 27.03 Criteria for granting zoning/comprehensive plan amendments:
The City Council may adopt amendments to the zoning ordinance, zoning map, and comprehensive plan relative to land uses within a particular district or to the location of the district lines. Zoning amendments shall only be used as a means to reflect changes in the goals and policies of the City as reflected in the comprehensive plan or changes in conditions in the City. Although there are no explicit findings that must be made in conjunction with rezoning, appropriate considerations include:
• Whether the proposed District is consistent with the Comprehensive Plan.
• How the proposed district differs from the existing district.
• How the proposed district meets the goals and polices of the city.
The proposed B-2 district is intended to provide retailing and services of both a convenience and durable nature to shoppers, such as apparel, furniture, food, banking and financial services for a trade area of nearby residential neighborhoods.
The existing PBD is intended to accomplish the following:
(a) To promote a planned environment for integrated industrial, office, commercial and multi-floor residential uses which feature design continuity. A development shall reflect a common theme using compatible architectural design and consistency in signage, landscaping, and lighting.
(b) To encourage orderly development of property through conditional uses, since proposed uses may be traditionally considered incompatible or may present special problems in an environment of mixed uses.
(c) To provide opportunity for greater flexibility in arranging land uses according to relative compatibility, convenience, and community needs.
(d) To encourage patterns of development in harmony with the objectives of the City's Comprehensive Plan.
(e) To encourage more attractive and enduring business neighborhoods.
(f) To encourage development compatible with the environmental values of the area and to preserve natural vegetation, wetlands, natural topography, and other such features of the District.
(g) To accommodate uses requiring access to major highways.
(h) To provide a uniform set of standards to be applied equally to all owners and developers in this District.
Both zoning districts are compatible with the comprehensive land use designation of Planned Commercial.
The PBD uses are allowed by a conditional use permit; there are no general permitted uses. B-2 has both permitted and conditional uses. The following uses are permitted in the B-2 district and not listed as allowed uses in PBD: Personalized instructional services, total floor area limited to 4,000 square feet without a conditional use permit.
The following uses are conditional uses in the B-2 district and are not listed as uses allowed in the PBD district: Animal hospitals, minor auto repair, car wash, construction and contractor’s office, small equipment rental, meeting/assembly halls, open sales lot, private clubs, vacation, technical and trade schools, off-sale liquor stores; Adult uses - principal, domestic animal indoor kennel and training facilities, major automobile repair for passenger vehicles, funeral homes, vehicle rental agency with up to 15 vehicles on site, pawn shop, indoor vehicle sales associated with and on the same property as major automobile repair.
Evaluation of Request
The applicant proposes to construct a 4,553 square foot tunnel car wash. The access is off 122nd Avenue with stacking along 122nd Avenue and the entrance to the car wash on the west side along Lexington Avenue. Staff discussed flipping the building so that the vehicles are exiting the car wash on the Lexington Avenue side, however the applicant indicated some issues with stacking and traffic flow on the site. Due to the proximity to residential to the east, staff recommends the applicant reconfigure the layout and flip the building so the vehicles are exiting towards Lexington Avenue.
The subject site is platted as Outlot C, Parkside North and will have to receive final plat approval before any building permits will be approved. An additional access will be used to the east through Outlot A, Parkside North 8th Addition. This outlot will be used for ponding and will act as an additional buffer to the residential uses to the east.
There are 8 vacuum bays on the south side of the building. The proposed hours of operation are 7AM-9PM, Monday through Sunday. At the Council Workshop on October 10, 2022, the Council asked the applicant if the hours of operation were flexible in the evening. The applicant was receptive to adjusting the evening hours and stated the majority of the washes occur between 10:30AM and 5:30PM. A recent tunnel carwash that is located near residential uses has the hours of operation limited to 7AM-7PM through the CUP. Staff recommends this same condition.
There are 11 parking stalls including the stalls for the vacuums. Customers stay in their vehicles through the car wash and would park in the vacuum stalls while using the vacuums.
The car wash will need to meet the noise limits set by the Minnesota Pollution Control Agency (MPCA). At this time, the MPCA requires the daytime noise levels not to exceed 65 dBA for more than six minutes in an hour and not exceed 60 dBA for 30 minutes in an hour. A condition has been added that requires the exit carwash door to be shut immediately after the vehicle has exited the wash. Therefore, the car wash south door should be completely shut at all times except when vehicles are exiting the wash.
Architecture
The elevations are attached and include the following materials:
• Prefinished metal panels
• Fiber Cement Board Panels
• Glass
• Split faced concrete masonry
The building elevations meet the requirements of the zoning ordinance for the B-2 district.
Setbacks
The setbacks on the submitted site plan meet the B-2 zoning requirements. The site has two front yards and two side yards. The frontage will be on Lexington Avenue and 122nd Avenue NE.
Building
• Front yard - 50 feet
• Side yard - 20 feet
Parking
• Front yard - 30 feet
• Side yard - 10 feet
Landscaping
The proposed landscape plan does not meet code requirements for number or size of plantings and shall be revised and submitted for approved prior to issuance of a building permit. Denser landscaping with year-round foliage should be considered along the eastern drive aisle. At the City Council workshop, the additional landscaping or buffer was discussed along the east side. The applicant stated there would be landscaping and fencing along the property line. It is unclear from the plans submitted if there is a fence proposed.
Minimum Required Quantities and Sizes
Overstory Trees: 11 - 2 ½ inch caliper
Ornamental Trees: 6 - 2 inch caliper
Conifer Trees: 6 - 6 feet in height
Shrubs: 39 - 24 inch pot
Tree Preservation
No trees are proposed to be removed.
Park Dedication
Park dedication will be done with the final plat.
Grading/Storm Drainage
The developer is proposing to grade the entire site as shown on the Rice Creek Watershed District (RCWD) and city approved grading, drainage, erosion protection and sediment control plans prepared by the Developer's Engineer. The plans shall include existing drainage patterns (contours) with flow arrows, soil boring locations, perimeter site protection, tree preservation, tree clearing limits, custom grading, proposed grading contours, proposed drainage patterns with flow arrows, storm water management, SWPPP information, temporary erosion protection Best Management Practices (BMPs), and temporary sediment control BMPs information for the site.
The SWPPP may be included in the construction plan sheet(s) or prepared as a separate document and included in the development construction contract specifications.
Water/Sanitary Sewer Services
The developer will be responsible for Trunk Sanitary Sewer area charges which are due with platting for upland acreage. The 2023 rate for Sanitary Sewer District 7 is $7,295.00 per upland acre and will be applied to the acreage platted. This phase is proposing to develop 1.2 acres of upland for a total sewer area charge of $8,754.00.
Standard water and sanitary sewer access charges (WAC & SAC) become due with each building permit at the rate established at the time the building permit is issued.
Wetlands/Watershed/FEMA
The plat will need to provide for a protective buffer strip of natural vegetation, at least 15-feet in width (but 25-feet is preferred) shall surround all wetlands. This buffer strip shall be placed in easement.
The developer will need to submit the project to RCWD for review. Approval and permits required prior to city plan approval and start of site work.
The development shall indicate that all structures are protected from flooding by processing a Letter of Map Change with FEMA prior to issuance of building permits within the unnumbered A-Zone on the FEMA flood map. Developer shall provide all FEMA paperwork, structure, and as-built surveys to homeowners at time of lot closing. Developer is responsible for following through with FEMA as necessary to receive final FEMA documents, to provide those documents to the homeowners, and record the final documents on the certificate of title for each parcel in the development.
Access/Street Design/Sidewalks/Trails
The development is proposing to gain/provide access from a connection to 122nd Avenue NE. No connection to Lexington Avenue NE will be permitted. Sidewalk will be required to be constructed along the frontage of both Lexington Avenue and 122nd Avenue NE. No additional street design or trails will be required.
Easements/Right-of-way/Permits
The developer will need to obtain all required permits to construct the proposed project. A copy of all permits will need to be submitted to the City prior to any site work.
Standard drainage and utility easements shall be dedicated along all lot lines and over areas of delineated wetlands, wetland mitigation, infiltration trenches, drainage swales, and storm water management ponds.
Conditional Use Permit
The CUP is a requirement of the B-2 district for a car wash. If the rezoning is not approved, the CUP cannot be approved as the PBD does not allow standalone car washes. These standards are being reviewed under the B-2 zoning.
A city exercises “quasi-judicial” authority when considering a CUP application. This means the city’s role is limited to applying the standards in the ordinance to the facts presented by the application. The city acts like a judge in evaluating the facts against the standards.
The Blaine City Council shall consider the advice and recommendations of the Planning Commission and the effect of the proposed use on the comprehensive plan and upon the health, safety, and general welfare of occupants of surrounding lands. Among other things, the Council shall consider the following findings where applicable. (Ord. No. 20-2447, 7-20-2020)
1. The use shall not create an excessive burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area. The use will not cause an excessive burden on existing parks, schools, streets or other public facilities and utilities.
2. The use will be located, designed, maintained, and operated to be compatible with adjoining properties and the existing or intended character of the zoning district. The B-2 district is intended to provide retailing and services of both a convenience and durable nature to shoppers. A car wash is a service of convenience.
3. The use shall have an appearance that will not have an adverse effect upon adjacent properties. The building meets zoning code requirements for the B-2 and PBD districts and is consistent with commercial development in the area.
4. The use, in the opinion of the City Council, shall be reasonably related to the overall needs of the City and to the existing land use.
5. The use shall be consistent with the purposes of the zoning code and purposes of the zoning district in which the applicant intends to locate the proposed use. The use meets the purpose of the B-2 district.
6. The use shall not be in conflict with the comprehensive plan of the City. Planned commercial areas are in areas with good visibility and access from major roadways, and are sufficiently sized to accommodate a larger-scale planned design and concept. The use is not in conflict with the comprehensive plan.
7. The use will not cause traffic hazard or congestion. The proposed development will not result in any additional traffic hazards or additional congestion to the area. The traffic generated by an automatic carwash is comparable to the traffic generated by a similar sized retail store but, less than a comparable size food establishment. Anoka County has the installation of a traffic signal scheduled for this intersection in 2024.
8. The use shall have adequate utilities, access roads, drainage, and necessary facilities. The proposed development, once constructed, will have the required utility services, adequate roads, and necessary drainage facilities to service the proposed development.
Recommendation
If the Planning Commission is recommending approval of the rezoning from PBD (Planned Business District) to B-2 (Community Commercial) in Case File No. 22-0082, the following rationale shall be made:
• The proposed district is consistent with the Comprehensive Plan.
• How the proposed district differs from the existing district.
• How the proposed district meets the goals and policies of the City.
If the rezoning is approved for Planning Case File No. 22-0082, it is recommended that the Planning Commission recommend approval of a conditional use permit for a standalone carwash in a B-2 (Community Commercial) zoning district with the following conditions:
1. All site lighting to be down lit style lamps to reduce glare and to meet the requirements of the zoning ordinance. Pole mounted lighting is limited to 20 feet in height.
2. Site plan approval will be required as a part of the building permit application. All site improvements to be included in the Site Improvement Performance Agreement and covered by an acceptable financial guarantee.
3. All signage requires a separate permit meeting the requirements of the zoning ordinance.
4. The exit car wash door to be shut immediately after the vehicle has exited the wash.
5. Hours of operation shall be limited to 7AM to 7PM.
6. The car wash shall meet the noise limits set by the Minnesota Pollution Control Agency (MPCA).
7. Revised landscape plan shall be submitted and approved prior to issuance of a building permit.
8. A revised site plan meeting the B-2 requirements with the car wash building flipped to have the exit facing Lexington, shall be submitted and approved prior to issuing a building permit.