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City Council Regular Meeting Minutes January 26, 2021 Page 3 1 V. REPORTS FROM COMMISSION AND STAFF. 2 3 A.Resolution 21-017; a Resolution Approving Conditional Use Permit for a Car Wash4 Facility with Vacuum Stations at 2701 Kenzie Terrace in the C, Commercial District.5 6 City Planner Grittman reviewed the resolution with the Council. 7 8 Councilmember Webster asked for clarification on the standard for residential properties. She 9 believed residential properties can be no more than thirty-five percent roofs and paved surfaces. 10 She also wondered what percent is set for commercial properties. Mr. Grittman explained the 11 standard for most residential properties is thirty-five percent. The City does allow smaller lots 12 that are a single family to be forty percent. Multi-family is actually fifty percent and there is no 13 standard in the Code for commercial or industrial property right now. He noted those properties 14 are reviewed for stormwater management by the City Engineer to control stormwater according 15 to the City’s standard stormwater management conditions. 16 17 Councilmember Webster indicated in reading through the report it states the use will not be 18 detrimental to the health, safety or general welfare of persons residing or working in the vicinity 19 or to the values of the properties in the vicinity. She asked what the City’s due diligence is to 20 really determine if a project meets this requirement. Mr. Grittman stated the City’s responsibility 21 is to make reasonable judgements about what the impacts of the use are likely to be and then 22 measure those against what would be allowed by right effectively under the zoning of the 23 property and then assign conditions to mitigate what the Council believes to be the impacts of the 24 proposed use. 25 26 Councilmember Walker stated the third condition Mr. Grittman spoke of to mitigate things like 27 noise pollution, issues concerning the air, traffic and so forth. He could understand theoretically 28 how that could mitigate those kinds of harms, given this third condition, but he wondered if there 29 was any evidence beyond just theoretical considerations that these measures will in fact reduce, 30 to a significant degree these particular harms to the residents. Mr. Grittman explained staff relies 31 on their experience with similar situations to make reasonable judgements as to what conditions 32 would apply and mitigate the issues staff would foresee. Short of that, staff tries to look at what 33 other evidence is out there in the marketplace with these kinds of uses and these kinds of land 34 use situations. 35 36 Councilmember Jenson thought reading the conditions that were applied to this request, he 37 thought it does a pretty good job of mitigating the aesthetics of the look of this as to how it could 38 fit into the look of the neighborhood. The lighting is going to be mitigated and will shoot 39 downward and also to prevent headlights from shining through into the neighborhood. It does 40 talk about sound abatement dealing with enclosures for the vacuums, but they do not see much 41 related to potential excess car exhaust and wondered what staff thought about that. He would 42 like to add related to car exhaust though is that within about a three-minute drive of this location, 43 there are three other car washes that are nearby. One is on Silver Lake Road and 39th at the 44 Holiday Station. Another is on 39th and Stinson Boulevard, the old Tunnel Car Wash and then 45 one on 37th and Old Highway 8, the Speedway, which is a car wash. He stated people have a 46 3