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HomeMy WebLinkAbout2022-056 Council Resolution CITY OF LINO LAKES RESOLUTION NO. 22-56 APPROVING CONDITIONAL USE PERMIT FOR TIDAL WAVE AUTO SPA WHEREAS, the City received a land use application for a conditional use permit for Tidal Wave Auto Spa and hereafter referred to as "Development"; and WHEREAS, the property is zoned GB, General Business and allows for a commercial car wash with a conditional use permit; and WHEREAS, the legal description of the property will be Lot 1, Block 1, Otter Crossing 2nd Addition after recording of the final plat; and WHEREAS, City staff has completed a review of the land use application based on the following plans: • Otter Crossing 2nd Addition Preliminary Plat & Site Plans prepared by Pioneer Engineering dated April 1, 2022 • Storm Water Management Plan prepared by Pioneer Engineering revised June 22, 2021 • Storm Water Pollution Prevention Plan prepared by Pioneer Engineering dated March 5, 2021 • Concept Plan 5 prepared by Pioneer Engineering dated April 6, 2020 • Tidal Wave Auto Spa Site Development Plans prepared by Bowman dated February 1, 2022 • Stormwater Management Report prepared by Bowman dated March 3, 2022 • Architectural Plans prepared by Reztark dated March 14, 2022 • Landscape Plans prepared by Bowman dated (no date provided) • Photometric Plan prepared Reztark dated February 1, 2022; and WHEREAS, a public hearing was held before the Planning & Zoning Board on May 11, 2022 and the Board recommended approval of the conditional use permit with a 6-0 vote. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby makes the following findings: FINDINGS OF FACT 1. The proposed development application has been found to be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan including: a. Land Use Plan. b. Transportation Plan. 1 c. Utility (Sewer and Water) Plans. d. Local Water Management Plan. e. Capital Improvement Plan. f. Policy Plan. g. Natural Environment Plan. The proposed Tidal Wave Auto Spa commercial car wash is consistent with the Land Use, Utility, Local Water Management, Capital Improvement, Policy and Natural Environmental Plans and recommendations of the comprehensive plan as detailed in the June 13, 2022 Council staff report. 2. The proposed development application is compatible with present and future land uses of the area. The proposed Tidal Wave Auto Spa commercial car wash is compatible with present and future land uses. The subject site and adjacent parcels are guided and zoned for commercial use. The proposed commercial car wash is consistent with the commercial land uses. 3. The proposed development application conforms to performance standards herein and other applicable City Codes. A Site Plan Review has been completed and the proposed Tidal Wave Auto Spa commercial car wash meets zoning performance standards with conditions listed in the June 13, 2022 Council staff report. 4. Traffic generated by a proposed development application is within the capabilities of the City when: a. If the existing level of service (LOS) outside of the proposed subdivision is A or B, traffic generated by a proposed subdivision will not degrade the level of service more than one grade. b. If the existing LOS outside of the proposed subdivision is C, traffic generated by a proposed subdivision will not degrade the level of service below C. c. If the existing LOS outside of the proposed subdivision is D, traffic generated by a proposed subdivision will not degrade the level of service below D. d. The existing LOS must be D or better for all streets and intersections providing access to the subdivision. If the existing level of service is E or F, 2 the subdivision developer must provide, as part of the proposed project, improvements needed to ensure a level of service D or better. e. Existing roads and intersections providing access to the subdivision must have the structural capacity to accommodate projected traffic from the proposed subdivision or the developer will pay to correct any structural deficiencies. f. The traffic generated from a proposed subdivision shall not require City street improvements that are inconsistent with the Lino Lakes Capital Improvement Plan. However, the City may, at its discretion, consider developer-financed improvements to correct any street deficiencies. g. The LOS requirements in paragraphs a. to d. above do not apply to the I- 35W/Lake Drive or I-35E/Main St. interchanges. At City discretion, interchange impacts must be evaluated in conjunction with Anoka County and the Minnesota Dept. of Transportation, and a plan must be prepared to determine improvements needed to resolve deficiencies. This plan must determine traffic generated by the subdivision project, how this traffic contributes to the total traffic, and the time frame of the improvements. The plan also must examine financing options, including project contribution and cost sharing among other jurisdictions and other properties, that contribute to traffic at the interchange. h. The City does not relinquish any rights of local determination. The proposed Tidal Wave Auto Spa commercial car wash does not change the level of service on Otter Lake Road or CSAH 14 (Main Street). The roads are A-Minor Arterial Expander and A-Minor Arterial Connector roads and have structural capacity to handle the traffic volume of the commercial car wash. The City does not relinquish any rights of local determination. 5. The proposed development shall be served with adequate and safe water supply. The proposed Tidal Wave Auto Spa commercial car wash will connect to an adequate and safe municipal water supply. 6. The proposed development shall be served with an adequate and safe sanitary sewer system. The proposed Tidal Wave Auto Spa commercial car wash will be served by an adequate and safe municipal sanitary sewer system. 7. The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. No City funds are being expended on this project. 3 8. The proposed development will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. Commercial car washes are an allowed use in the GB, General Business District with an approved conditional use permit. The project will not generate excessive traffic, noise, smoke,fumes, glare or odors. 9. The proposed development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. There are no natural, scenic or historic features on the existing site. BE IT FURTHER RESOLVED by The City Council of Lino Lakes in addition to the administrative requirements of a conditional use permit, the following specific performance standards of Section 1007.112 (8)(c) must also be met: 1. The site is serviced by municipal sanitary sewer. The site is served by 8" municipal sanitary sewer. 2. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or areas as to cause impairment in property values or constitute a blighting influence. The commercial car wash building and related accessory buildings meet zoning ordinance architectural and building material performance standards for commercial buildings. The car wash is single story with exterior materials consisting of glass windows, EIFS, concrete block veneer, stone veneer and metal overhead doors. The color palette consists of earth tone tan, white, gray, rust and bronze. The standing seam metal roofs on the car wash, vacuum building and canopies are regal blue. The building and site plan are similar to existing commercial buildings in the area. 3. Magazining or stacking space is constructed to accommodate that number of vehicles which can be washed during a maximum thirty (30) minute period and shall be subject to the approval of the City Engineer. The average carwash takes three (3) minutes. This would require stacking space for 10 vehicles. The site plan provides stacking space for 12 vehicles. 4. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with §1007.043 (17) of this Ordinance. The proposed commercial car wash is not adjacent to residential districts. 4 5. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with §1007.043 (17) of this Ordinance. The proposed commercial car wash is not adjacent to residential districts. 6. The entire area other than occupied by the building or plantings shall be surfaced with material which will control dust and drainage which is subject to the approval of the City Engineer. The entire area other than buildings and plantings is surfaced with standard duty concrete pavement, heavy duty concrete pavement or concrete sidewalk. 7. The entire area shall have a drainage system which is subject to the approval of the City. A grading and drainage plan has been reviewed and approved with conditions by the City Engineer and Rice Creek Watershed District. 8. All lighting shall be hooded and so directed that the light source is not visible from the public right-of-way or from an abutting residence and shall be in compliance with §1007.043 (6) of this Ordinance. All lighting is hooded and downlit. A photometric plan has been reviewed and approved with conditions. 9. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movement and shall be subject to the approval of the City Engineer. One (1) driveway access is proposed into the site that creates minimal conflict with through traffic movements. The site plans have been reviewed and approved by the City Engineer with conditions. 10. Provisions are made to control and reduce noise. The commercial car wash is oriented north-south towards CSAH 14 (Main Street) and the private street to control and reduce noise onto adjacent properties. BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby approves the conditional use permit for a commercial car wash for Tidal Wave Auto Spa subject to the following conditions: 1. The City of Lino Lakes agrees to complete an initial inspection of the carwash facility in order to ensure the equipment is installed so that no cross-connections or bypass feature exists that would allow the wash system to function without the use of reclaim water. 5 2. The property owner, Tidal Wave Auto Spa, will be required to annually hire an independent plumber to ensure the reclaim equipment is being utilized properly and no bypass or cross-connections exist between the fresh water line and the reclaim water lines and report said findings to the City. 3. The City of Lino Lakes agrees to provide water usage records to MCES upon request. 4. Wall signs are not allowed on the trash enclosure or vacuum screen building except for"Employees Only" signs. All other signage shall be in compliance with City Code Chapter 1010. 5. No vehicles shall impede driveway ingress/egress, the sidewalk, or backup into the private street. 6. A Site Improvement Performance Agreement shall be executed. 7. The final plat and Development Agreement for Otter Crossing 2nd Addition shall be recorded with Anoka County by the developer. 8. The conditional use permit shall be recorded with Anoka County by the City after recording of the final plat for Otter Crossing 2nd Addition. BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby approves the conditional use permit subject to the following requirements being addressed prior to issuance of a building permit: 1. All comments from the City Engineer letter dated May 6, 2022 shall be addressed. 2. All comments from the Environmental Coordinator letter dated May 4, 2022 shall be addressed. 3. Sheet C5.0, Site Plan: a. A 5 ft wide sidewalk shall be shown consistent with civil plan set. b. Curb cut distance shall be a minimum 40ft from adjacent curb cut on the property to the east. c. The trash enclosure shall be rotated to be consistent with Sheet A001. d. The two (2) vacuum bays on the north end of the west row near the exit lane shall be removed to avoid potential conflicts between motor vehicles and the vacuums. e. Identify what dashed lines are along east and west interior lot lines. f. Under Site Information, change BG to GB. g. Under Site Layout, change City of Willmar, MN to City of Lino Lakes, MN. h. Provide adequate parking spaces for three (3) employees. 4. Sheet C6.0, Grading and Drainage Plan: a. Add Grading and Drainage Plan to side title bar. 5. Sheet C6.2, Proposed Drainage Area Map: a. Revise % under Proposed Impervious Area Calculations. 6. Sheet A200, Interior and Exterior Finishes and Sheet A801: a. On the plan sheet, Mark RF-1 shall detail the metal roofs are standing seam with hidden fasteners. Exposed fasteners are not allowed. 7. Sheet A501, Vacuum Canopy: 6 a. A 3 ft high split face block veneer base matching the building shall be included on the north and south endcap steel structures of both canopies. b. Callout boxes for material types and color shall be included similar to Sheet A201. 8. Landscape Plans: a. All plan sheets shall be dated. 9. Sheet E103, Photometric Plan: a. The Photometric Plan shall be revised to clearly show all lot lines and compliance with the ordinance foot candle requirements. Adopted by the Council of the City of Lino Lakes this 13th day of June, 2022. The motion for the adoption of the foregoing resolution was introduced by Councilmember Ruhland, and was duly seconded by Councilmember Cavegn, and upon vote being taken thereon,the following voted in favor thereof: Ruhland, Cavegn, Stoesz, Rafferty The following voted against same: None (Absent - Lyden) Rob Rafferty, Mayor ATTEST: J�ulli n e Bartell, City Jerk 7