Development Business - Sheila Sellman, City Planner
Title
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Granting a Conditional Use Permit for a Car Wash in a B-2 (Community Commercial) Zoning District at 9280 Baltimore Street NE. Silverstar Car Wash (Midwest Fidelity Partners, LLC) (Case File No. 22-0084/SLK)
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Executive Summary
The applicant is requesting a conditional use permit to construct a car wash in the B-2 (Community Commercial) zoning district.
Schedule of Actions
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Planning Commission Public Hearing |
01/10/23 |
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City Council (Conditional Use Permit) |
02/06/23 (No Action) |
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City Council (Conditional Use Permit) |
03/06/23 |
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Action Deadline |
04/05/23 |
Background
Staff report prepared by Shawn Kaye, Planner and Teresa Barnes, Project Engineer, Sheila Sellman, City Planner
On February 6, 2023, the City Council considered the CUP request for Silverstar Car Wash. The motion to approve failed because of a 3-3 vote. However, because not all members voting against stated their reasoning, it was considered a failed motion and not a denial per Minn. Statute 15.99 Subd. 2(b). Per Minn. Statute 15.99, official action (approve or deny) needs to be taken by the city otherwise the application is deemed automatically approved. To avoid this scenario, the item is being brought back for reconsideration.
At the February 6, 2023 meeting, one councilmember expressed concern with the use being appropriate along the Highway 65 corridor, another councilmember had questions about environmental impact and traffic.
The following is new information based on comments from the February 6, 2023, meeting.
Hwy 65 Corridor and Use Desire
Car washes have been identified as an approved conditional use in the B-2, (Community Commercial) zoning district. As such, the City, based on identifying a car wash as a conditional use in the district, has already made the determination that this type of use is appropriate and allowed, provided the applicable standards for conditional use permits identified in the zoning ordinance is met.
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. If the applicant meets the standards, then the CUP should be granted. Determining whether the use is appropriate along the corridor is a legislative type of decision, different than quasi-judicial, and would be more appropriate if the city was considering a rezoning request or zoning code amendment.
Environmental Concerns
The City’s zoning ordinance identifies requirements for tree removal and replacement for development. The proposed project meets the applicable tree replacement requirements.
This project required review and approval by the Coon Creek Watershed District (CCWD). CCWD reviews sites for threatened and endangered species. The CCWD board meeting staff report states “the proposed project does not include endangered or threatened species, rare natural communities, colonial waterbird nesting sites, migratory waterfowl concertation areas, deer wintering areas or wildlife travel corridors”.
A database is kept by the MNDNR to determine whether any of the previous listed conditions exist. Certain projects require a mandatory Environmental Assessment Worksheet (EAW). An EAW is defined as a “brief document which is designed to set out the basic facts necessary to determine whether an Environmental Impact Statement (EIS) is required for a proposed project”. An EIS is a much more substantial environmental document that is not often required. Information disclosed in an EAW has two functions, as stated prior, to determine whether an EIS is needed and to indicate how the project can be modified to lessen its environmental impacts. The proposed project does not meet the threshold identified in MN Rule 4410.4300 to require at an EAW. For commercial projects, the threshold to require an EAW is a project in excess of 300,000 square feet. The proposed project is 4,808 square feet.
Cities can order a discretionary EAW if it determines that, because of the nature or location of the proposed project, the project may have the potential for significant environmental effects. If the project does not meet the following criteria, however, it is considered exempt for environmental review, and a discretionary EAW cannot be ordered.
1. The action or proposed project must involve the physical manipulation of the environment, directly or indirectly.
2. The action or project must involve at least one governmental approval, one form of financial assistance, or be conducted by a governmental unit.
3. Action or project approval and construction must take place in the future; that is, projects already constructed or those with all required governmental approvals are not subject to further review unless expansion is proposed.
4. The project is not exempted under MN RULE 4410.4600.
MN Rules 4410.4600 states that commercial projects less than 75,000 square feet are exempt from a discretionary EAW. Therefore, the City cannot require a discretionary EAW for this project.
Traffic
One of the findings the City Council must consider with a CUP application is that the “use will not cause traffic hazard or congestion”. The City Council should rely on the opinion of the City Engineer and any traffic information either prepared by the city or the developer when determining whether a traffic hazard or congestion will potentially exist. For this project, no traffic memo or study was required as it did not exceed the threshold of creating 1,000 or more daily traffic trips. As the City Engineer pointed out at the February 6 City Council meeting, the intersection of Baltimore and 93rd Avenue is problematic, however this specific use did not create the existing condition and will not additionally hinder the functionality of the intersection.
Traffic studies aren’t necessarily intended to provide rationale to deny a project (unless the proposed use and traffic is exceedingly high), but is a tool that the city can use to determine what, if any, infrastructure improvements could occur. The car wash does not generate enough traffic or create exorbitant additional issues at the intersection to justify improvements at the sole responsibility of the developer, and any improvements to the Baltimore Street/93rd intersection would be the responsibility of the City.
It should be noted that there are various uses listed as “permitted” in the B-2 district (such as a restaurant, medical office, grocery) that would generate more traffic than the proposed car wash. These permitted uses do not require review/approval of the City Council. As such, it would be difficult to deny the application based on traffic when there are permitted uses in the district that would generate more traffic than the proposed use.
If the Council does not approve projects along the corridor (unless they are extremely large, Wal-Mart example), in order to obtain funding for Highway 65 would essentially place a development moratorium on all pieces of land along the corridor which could be challenged legally by developers and/or property owners.
The intersection of 93rd Ave/Highway 65 is not in the current funding/phasing. However, when improvements occur to the north at 99th Avenue (potentially as soon as 2025), it is likely to result in less traffic exiting Highway 65 at 93rd Avenue and using the Baltimore Street frontage road, therefore reducing traffic at the 93rd Ave/Baltimore Street intersection.
The following is information from the previous staff report.
Zoning
The parcel is zoned B-2 (Community Commercial) and has a CC (Community Commercial) land use.
Surrounding Zoning and land uses
The properties to the north and south have a B-2 zoning and a CC land use. The properties to the east have an I-1 (Light Industrial) zoning and LI (Light Industrial) land use. State Highway 65 is located to the west.
Existing Conditions
The parcel currently has a single-family home located on the parcel. All existing buildings on the lot will be removed prior to a building permit being issued for the site. The site also has several trees located on the lot.
History
The subject site was previously developed with one single family home, that has since been removed.
Evaluation of Request
Site Plan
The applicant is proposing to construct a 4,808 square foot Silverstar car wash. The car wash will consist of three drive lanes to enter the car wash. The cars entering the one bay car wash will enter from the north side of the car wash building and exit on the south side of the car wash. The car wash is open seven days a week and the hours of operations are typically October - April, 8AM - 7PM, and May - September, 8AM - 8PM.
The car wash site has provided 33 parking stalls that will provide parking for employees and vacuum stalls.
Setbacks
The setbacks on the submitted site plan meet the B-2 zoning requirements. The site has two front yards and two side yards because of frontage on Baltimore Street and State Highway 65.
Building
• Front: 50 feet
• Side: 20 feet
Parking
• Front: 30 feet
• Side: 10 feet
Architecture
The car wash elevations have been attached and include the following materials:
• glass
• textured precast panel
• brick
The proposed building meets the Highway 65 Overlay District requirements.
Landscaping
The submitted landscape plan does meet zoning ordinance requirements.
Tree Preservation
The tree preservation ordinance requires that 8 trees per acre be replaced on site. The developer will be required to replace 15 trees on site. This requirement is being met with the submitted landscape plan.
Grading/Storm Drainage
The developer is proposing to grade the entire site as shown on the Coon Creek Watershed District (CCWD) and city approved grading, drainage, erosion protection and sediment control plans prepared by the Developer's engineer. The plans 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.
The developer will also need to submit construction contract documents that include a mass (rough) grading, erosion protection, sediment control, development, utilities, roadway, and storm drainage plan sheets. Supporting wetland delineation report, geotechnical investigation report, soil boring logs, and hydrology report shall be included in the submittal for city review and approval.
The grading plan shall provide greater detail on protecting existing trees and providing additional information on adjacent property.
Utilities
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.
Hydrant locations must be reviewed and approved by the Fire Department.
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 the easement.
The developer will need to submit the project to CCWD 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 and structure 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, provide those documents to the homeowners, and to 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 Baltimore Street NE. There will be no connection permitted to State Highway 65.
No additional street design, sidewalks 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.
Conditional Use Permit
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.
Section 27.04 Criteria for granting conditional use permits:
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 car wash use does not create an excessive burden on parks, schools, and streets in the area.
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. The use meets this intent and is compatible with the surrounding uses.
3. The use shall have an appearance that will not have an adverse effect upon adjacent properties. The building is being constructed to meet the Highway Overlay District architectural requirements. The use will not have an adverse effect on adjacent properties 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 by providing retailing and services of convenience.
6. The use shall not be in conflict with the comprehensive plan of the City. The comprehensive plan designation is Community Commercial which is for retailing and services that serve larger areas, from neighborhood to regional scale. 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.
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.
Strategic Plan Relationship
Not applicable.
Board/Commission Review
The Planning Commission voted unanimously to approve the conditional use permit. There were no comments at the public hearing.
Financial Impact
Not applicable.
Public Outreach/Input
Notices of a public hearing were:
1. Mailed to property owners within 350 feet of the property boundaries.
2. Published in Blaine/Spring Lake Park/Columbia Heights/Fridley Life.
3. Posted on the city website.
4. Posted (sign) on the property with contact information for the Planning Department.
Staff Recommendation
By motion, adopt the Resolution.
Attachment List
Zoning and Location Map
Site Plan
Grading Plan
Landscape Plan
Building Elevations (2)
Tree Inventory
Narrative
Unapproved Planning Commission Minutes 1/10/23
Resolution of Denial
Body
WHEREAS, an application has been filed by Midwest Fidelity Partners, LLC as Conditional Use Permit Case File No. 22-0084 for Silverstar Car Wash; and
WHEREAS, said case involves the property described as follows:
Commencing on the north line of Section 32, Township 31, Range 23, where said north line intersects the east line of Trunk Highway No. 5 as the same is now laid out over and across said Section 32; thence east on the north line of said Section 32, a distance of 30 rods; thence at right angles south and parallel with the east line of said Section, a distance of 16 rods; thence west parallel with north line of said Section, 30 rods to the east line of said Trunk Highway No. 5; thence north on the east line of said Trunk Highway No. 5 to the point of beginning, according to the map or plat thereof on file and of record in the office of the Register of Deeds in and for Anoka County, Minnesota.
(Abstract Property)
WHEREAS, the Blaine Planning Commission held a public hearing on January 10, 2023, and recommended approval regarding said Conditional Use Permit; and
WHEREAS, the Blaine City Council has reviewed said case on February 6, 2023, and took no action; and
WHEREAS, the Blaine City Council has reviewed said case on March 6, 2023; and
WHEREAS, the criteria identified in Section 27.04 for granting a conditional use permit has been met.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Blaine that a conditional use permit is hereby approved per Section 30.14 (f) and 27.04 of the Zoning Ordinance to allow a car wash in a B-2 (Community Commercial) zoning district with the following conditions:
1. 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 (SIPA) and covered by an acceptable financial guarantee.
2. 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.
3. All signage requires a separate permit meeting the requirements of the zoning ordinance. The building will be permitted to have wall signage on two elevations.
4. City shall receive a copy of the issued Coon Creek Watershed Permit prior to the issuance of the building permit.
5. Directional signage shall be installed as exiting out of the site directing traffic to 92nd Lane and Davenport Street.
PASSED by the City Council of the City of Blaine this 6th day of March, 2023.