PL PACKET 12152020 - Laserfiche WebLink

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December 15, 2020 Page 3 must be a setback area of not less than 20 feet from any property in a residential district within which setback area parking, storage, and/or loading facilities are excluded. The proposed site plan appears to meet these minimum standards. In addition to the minimums, however, a Conditional Use Permit is subject to the following requirements to qualify for City approval, a specific in Section 152. : (1) The use is one of the conditional uses specifically listed for the district in which the property is located; (2) The City Council has specified all conditions which the City Council deems necessary to make the use compatible with other uses in the area; (3) The use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or to the values of property in the vicinity; and (4) The use will provide a service or a facility which is in the interest of public convenience and will contribute to the general welfare. As such, the standard of review is heightened by measuring how a particular use will impact both the public and the neighboring land uses. In addition to these review criteria, it must be noted that in Minnesota, courts have ruled that Conditional Uses are presumed to be allowed in the zoning district in which they are proposed, but that there are special aspects of the use that require attention and perhaps, mitigation, to ensure that they are consistent with the requirements and intent of the City’s zoning regulations and Comprehensive Plan. That is, there is a presumption that the use is allowed on properly zoned land – the question is whether the impacts of the use can or cannot be mitigated to a reasonable level expected of other permitted uses in the district. Therefore, the review of this use must consider how a typically permitted commercial use would impact the area, and if there are special aspects of this use that require alteration or other attention. For the Commercial zoning district, common commercial uses include retail and office facilities, as well as most commercial service businesses, although many services are also required to obtain Conditional Use Permits. Outdoor commercial uses are not listed as permitted uses in the district. For a car wash, there are some extraordinary aspects that require particular attention, over and above the common commercial use impacts. The most notable are headlight glare from vehicles sitting in stacking lanes, and noise from two sources – the exit dryer location, and the proposed exterior vacuum stations shown on the site plan. To mitigate these issues, staff has proposed some specific additions and changes to the site plan designed to moderate these impacts. As noted above, it is not reasonable to require the elimination of all impacts of commercial activity on the property. However, these recommended changes are intended to address those additional impacts of the proposed use. 1. Revise the plan to shift the facility and westerly egress lane at least 5 feet to the east (see next note). 2. In this additional setback space, plant a continuous row of Spruce trees no greater than 15 feet on center, to create and grow a buffer between the access aisle and the adjoining multi-family residential building. Due to the proposed grade and retaining wall, a wider space (and thus, greater shift) may be necessary to accommodate this planting. 3. Add larger evergreen trees to the northwest corner of the site to moderate impacts of headlights in the stacking lane. 4. Reorient the parking/access lanes in the front area to 90 degree parking angles, and eliminate the one-way circulation patterns that add unnecessary pavement.