HomeMy WebLinkAbout9B - Ord Amend Car Washes
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
NOVEMBER 5, 2001
9B
JANE KANSIER, PLANNING COORDINATOR
DON RYE, PLANNING DIRECTOR
CONSIDER APPROVAL OF AN ORDINANCE APPROVING
AN AMENDMENT TO THE ZONING ORDINANCE LIMITING
THE HOURS OF OPERATION FOR CAR WASHES (Case File
#01-076)
History: The purpose of this agenda item is to consider an amendment
to the Zoning Ordinance that would limit the hours of operation for car
washes. This amendment was initiated by the City Council.
The description of the Motor Vehicle Service and Repair use, listed in
Section 1101.1000 of the Zoning Ordinance, includes "repair,
lubrication, washing, detailing, equipment installation, engine
overhauls and other similar uses involving automobiles, trucks, and
recreational vehicles." Although not specifically listed, car washes are
consistent with this definition.
Motor vehicle service and repair is permitted as an accessory use to a
motor fuel station, which also requires a Conditional Use Permit, in
the C-l (Neighborhood Commercial) and C-3 (Specialty Business)
districts, and as a conditional use in the C-4 (General Business)
district. This use is not permitted in the C-2 (Community Business)
district.
The purpose of limiting the hours of operation for these uses is to limit
the noise and other potential impacts on nearby residential uses. In the
C-l district, the hours of operation for this use are already limited to
6:00 am to 11 :30 pm. One option for this amendment is to use the
same limitations in the C-3 and C-4 districts. Another option would be
to apply the same limitations that are in place for combustion engines
(Section 903.400 of the City Code). These hours are 6:00 am to 10:00
pm on Monday through Friday, 7:00 am to 10:00 pm on Saturday, and
8:00 am to 10:00 pm on Sunday. A third option would provide some
flexibility for the operator of these uses. This option would limit the
hours unless the doors to the facility were to remain closed at all times.
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
r: -
Current Circumstances: The Planning Commission discussed this
amendment at a public hearing on September 24, 2001. The Planning
Commission was concerned whether the proposed amendment would
adequately control the noise and still allow the car washes to operate.
The Commissioners tabled action on this amendment and directed staff
to contact the operators of the local car wash for suggestions.
The staff contacted a representative of the Holiday Station and
reported our findings to the Planning Commission on October 8, 2001.
In essence, the Holiday Station representative stated they can close the
door but it restricts the number of cars going through the carwash. This
issue was also raised by the City Council when the CUP for the
proposed Holiday Station at Pike Lake Trail and CSAH 42 was
considered. The Council did not limit the hours of operation as long as
the doors remain shut.
After review of all of the information, the Planning Commission
recommended combining the limitation on the hours of operation, with
the provisions for keeping the doors closed. The ordinance language
as proposed is:
"Hours of operation shall be limited to 6:00 am to 10:00 pm, unless
the service doors to the facility remain closed at all times. "
This language allows the service doors to open to receive and
discharge cars; however, the doors must remain closed during all
cycles of the car wash process, including the drying cycle. This is
consistent with the conditions imposed on the CUP for the proposed
Holiday Station. A copy of the draft minutes of the Planning
Commission meeting is attached to this report.
The Issues: . The City Council must make a decision whether to amend
the ordinance based on the following criteria:
. There is a public need for the amendment; or
. The amendment will accomplish one or more of the purposes of
the Zoning Ordinance, the Comprehensive Plan or other adopted
plans or policies of the City; or
. The adoption of the amendment is consistent with State and/or
federal requirements.
Staff feels there is a public need for this amendment. The restrictions
on the hours of operation will serve to mitigate noise and other
potential nuisances that may result from the motor vehicle service and
repair uses. The proposed language also provides some flexibility by
allowing the use to operate outside the hours of operation if the doors
remain closed.
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AL TERNA TIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
Con('lm:inn. Both the Planning Commission and the staff recommend
approval of this amendment.
The City Council has three alternatives:
1. Adopt an Ordinance approving the proposed amendment as
recommended.
2. Deny the proposed Ordinance.
3. Defer this item and provide staff with specific direction.
The staff recommends Alternative #1. A motion and second to adopt
Ordinance 01- XX app ving the amendment as recommended by the
Pia . ng Co ssio
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'I-j T
CITY OF PRIOR LAKE
ORDINANCE NO. 01- XX
AN ORDINANCE AMENDING SECTIONS 1102.1104 (1) AND 1102.1203 (3) OF
THE PRIOR LAKE CITY CODE
The City Council of the City of Prior Lake does hereby ordain that:
1102.1104
1. Section 1102.1104 (1) of the Prior Lake City Code is hereby amended as follows:
(1)
Motor Vehicle Service, Repair shall be permitted accessory uses
under the following conditions:
a. Shall be permitted only if accessory to a motor fuel station;
b. The number of service bays shall not exceed 2;
c. No public address system shall be permitted;
d. All repair, assembly, disassembly, and maintenance of vehicles shall
be inside a closed building except tire inflation, changing wipers or
adding oil.
e. Test driving shall be prohibited on any street in an "R" Use District.
f. Hours of operation shall be limited to 6:00 am to 10:00 pm, unless
the service doors to the facility remain closed at all times.
2. Section 1102.1203 (3) of the Prior Lake City Code is hereby amended as follows:
1102.1203 (3) Motor Vehicle Service, Repair. Conditions:
a. No public address system shall be audible from any property located
in an "R" Use District.
b. All repair, assembly, disassembly and maintenance of vehicles shall
be inside a closed building except tire inflation, changing wipers or
adding oil.
c. Test driving shall be prohibited on any street in an "R" Use District.
d. Access shall be to a roadway identified in the Comprehensive Plan
as a collector or arterial or shall be otherwise located so that access
can be provided without generating significant traffic on local
residential streets.
e. The building housing the use shall be located a minimum of 100 feet
from any lot in an "R" Use District.
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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g. A bufferyard, as determined by subsection 1107.2003, shall be
provided along any abutting an "R" Use District.
h. Hours of operation shall be limited to 6:00 am to 10:00 pm, unless
the service doors to the facility remain closed at all times.
1. A car wash shall have parking space to permit the stacking of at least
30 cars or the maximum number of vehicles which can be washed
during a 30 minute period, whichever is greater; plus an additional
10 off-street parking spaces for employees and storage of employee
owned and washed cars.
J. Drainage and surfacing plans for a car wash shall be approved by the
City Engineer. The plans shall describe the wash water disposal and
sludge removal facilities to be employed to accomplish dust, salt and
other chemical and mud abatement on the premises and prevent the
accumulation of surface water, wash water or sludge on the site or in
the vicinity of the premises.
k. A car wash shall have all parking and paved areas meet the drainage,
design and landscaping provisions of subsection 1107.200.
1. No ingress or egress points for a car wash shall be closer than 150
feet from the point of intersection of the required front and side yard
lines adjoining intersecting streets. The exit door from the car wash
shall be at least 45 feet from the public right-of-way. Drainage shall
be away from the public street at the egress points to prevent spillage
onto the street. The grades of the interior floor shall be sloped away
from the exit door, and said floor shall be sloped to an accepted
interior drainage system. No water which is used in the operation of
the car wash shall be allowed on any public right-of-way.
m. Automatic car washes accessory to a motor fuel station or motor
vehicle service and repair facility shall provide stacking space for at
least four cars. Cars located in these stacking spaces should not
block ingress and egress driveways on the site or driveways
providing access to gasoline pumps, service bays or required off-
street parking, except that vehicles in stacking spaces may block
access to parking stalls which are signed for employee parking only.
All other provisions in subsections 1102.1203(3a) through
11 02. 1203(3j) above shall apply to automatic car washes, except that
no additional off-street parking spaces shall be required for an
automatic car wash and ingress or egress to an automatic car wash
may be permitted within 150 feet of the point of intersection of the
required front and side yard lines subject to the limitations of
subsection 11 02. 1203(3j).
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 5th day of November, 2001.
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ATTEST:
City Manager
Mayor
YES
NO
Mader Mader
Gundlach Gundlach
Ericson Ericson
Petersen Petersen
Zieska Zieska
Published in the Prior Lake American on the lOth day of November, 2001.
Drafted By:
City of Prior Lake Planning Department
16200 Eagle Creek Avenue
Prior Lake, MN 55372
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Planning Commission Minutes
October 8.2001
. ansier also explained the setbacks and impact.
. ~ rove the variance and felt the roof overhang would be a problem.
Lemke:
. Agreed 'th Commissioners. The homes in the neighborhood are
lake.
. It is a techm lity that is preventing the applicant from addin
. Agreed to pro s with the overhang.
Stamson:
. Clarified the home built in 1982.
. Questioned the origina etback variance to the I . Rye said the Shoreland
Ordinance was not in af t at the time the home as built.
. The intensification does no egatively impact e surrounding neighborhood. It is
not unreasonable.
. Approve the expansion but it H ithin the building footprint.
CRIEGO, SECOND BY ST AMSON, DIRECT
ION APPROVING THE 10 FOOT VARIANCE FR
t be in favor of approving this variance,
00 's well within the 75 foot setback. This is a
Criego:
. Under normal circumstances woul
however the surrounding neighbo
special condition.
. Do not exceed the expansion
Stamson:
. The Commission gen
. Agreed with approv' g.
Cutaia pointed out was trying to stay within the deck an
location.
STAFF TO DRAFT
THE OHWM.
en indicated ayes by all. MOTION CARRIED.
sier explained the appeal process.
6. Old Business:
~
A. #01-076 Consider an amendment to Section 1101.1104(1) ofthe Zoning
Ordinance pertaining to the hours of operation for motor vehicle service and repair.
Planning Coordinator Jane Kansier presented the Planning Report on file in the office of
the City Planning Department.
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Planning Commission Minutes
October 8. 2001
On September 24,2001, the Planning Commission conducted a public hearing on an
amendment to the Zoning Ordinance that would limit the hours of operation for car
washes, which are included within the category of motor vehicle service and repair. The
Planning Commission was concerned whether the proposed amendment would
adequately control the noise and still allow the car washes to operate. The
Commissioners tabled action on this amendment and directed staff to contact the
operators of the local car wash for suggestions.
The Holiday Station representative stated they can close the door but it restricts the
number of cars going through the carwash. However, this issue was raised by the City
Council when the CUP for the proposed Holiday Station at Pike Lake Trail and CSAH 42
was considered. The Council did limit the hours as long as the doors remain shut.
The staff suggested combining the limitation on the hours of operation, with the
provisions for keeping the doors closed. This is consistent with the conditions imposed
on the CUP for the proposed Holiday Station. The hours suggested are 6:00 a.m. to
11 :30 p.m., which is consistent with the existing limitation in the C-l district. The
proposed language also provides some flexibility by allowing the use to operate outside
the hours of operation if the doors remain closed.
Comments from the Commissioners:
Stamson:
. Opposed this issue at the last discussion because of the door design. The design of
the two existing stations does not allow them to have the doors shut. Didn't feel it
solved the noise problem much beyond limiting the hours to 11 :30 p.m.
· Went out and observed the stations. Holiday - during the day was not as bad as I
thought it would be. At night when it was quiet, it was very loud to the south with the
doors open. Observed cars drying with the doors open and closed. It is louder with
the back doors open than the dryer side. The noise has a tunnel effect.
. The amount of noise was drastically reduced with the doors closed.
· A carwash is Savage was not loud with the doors open. It depends on the equipment.
· Amoco's dryers were not as loud.
. Most of the dryers are not objectionable.
. The real problem is Holiday's equipment. The dryer on their machine is extremely
loud.
. Should not be a blanket ordinance to address this matter.
. Rye explained noise duration issues.
Criego:
· A second concern is the late evening hours. It still represents a problem for the
average person. Same thing applies to the 6:00 a.m. hours. It is too early.
· If the carwash can operate with the doors closed, it should not hinder the station.
· Change the ordinance from 6:00 a.m. to 10:00 p.m., Monday thru Friday, 7:00 a.m. to
10:00 p.m. on Saturday and 8:00 a.m. to 10:00 p.m. on Sunday.
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Planning Commission Minutes
October 8,2001
Atwood:
. Agreed with Criego, but felt 6:00 a.m. to 10:00 p.m. was too conservative. For the
sake of conforming and not having different times that are hard to keep straight will
agree. It is really only reducing an hour and half in the evening. In this case, 10:30
p.m. is okay.
. Mowing the lawn and car dryers are two different things.
Lemke:
. The 6:00 a.m. to 11 :30 p.m. times are fine. There have been no complaints.
. It will be hard to enforce. It is confusing to keep track of carwash times. Would like
to see something more uniform.
. Supported staffs original proposal.
Criego:
. Would accept the ordinance if the times were from 6:00 a.m. to 10:00 p.m.
MOTION BY CRIEGO, SECOND BY ATWOOD, RECOMMENDING CITY
COUNCIL APPROVE ORDINANCE AMENDING SECTIONS 1102.1104(1) AND
1102.1203(3) OF THE PRIOR LAKE CITY CODE AS RECOMMENDED BY STAFF
WITH THE EXCEPTION THE HOURS FOR HAVING OPEN DOORS CHANGE TO
6:00 AM TO 10:00 PM.
Vote taken indicated ayes by all. MOTION CARRIED.
This will go before the City Council on November 5,2001.
7. New Business:
8. Announcements and Correspondence:
The first meeting in November is on Veteran's Day, and will be scheduled for Tuesday,
November 13. If there are any problems let staff know.
9. Adjournment:
The meeting adjourned at 7:41 p.m.
Donald Rye
Director of Planning
Connie Carlson
Recording Secretary
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Planning Commission Meeting
September 24,2001
Comments from the Commissioners:
Crie 0:
. A d with staff s recommendation to approve the variances and to approve the
decor . e block. The garage will look nicer with one mate' . The lower level has
to be fio roofed. The decorative block would solve t roblem.
. Approve as g as the garage remains the same size
Stamson:
. The hardships have en met.
. The intention of requi the compatib esign and materials was so nothing
substandard would be ere d. It wa t intended to deny someone who wants to
build something more attrac
. The flooding requirement is go to create the need for block. It makes sense to
allow the more decorative ria .
. Grant the variances.
MOTION BY C
RESOLUTION PROVING THE VARIANCES AND
DECRA TIV LOCK THROUGHOUT THE STRUCT
CONDITI S.
CTING STAFF TO DRAFT A
LOWING THE
, MEETING STAFF'S
Vote taken indicated ayes by all. MOTION CARRIED.
~
C. Case File #01-076 Consider an amendment to Sections 1101.1104(1) and
1102.1203(3) of the Zoning Ordinance pertaining to the hours of operation for
motor vehicle service and repair and to Section 1107.1907(4) of the Zoning
Ordinance pertaining to the need for rain sensors on irrigation systems.
Planning Director Don Rye presented the Planning Report.
The purpose of this public hearing is to consider two amendments to the Zoning
Ordinance. The first amendment would limit the hours of operation for car washes,
which are included within the category of motor vehicle service and repair. The second
amendment would add a provision requiring rain sensors on required irrigation systems.
These amendments were initiated by the City Council.
Section 1108.600 ofthe Zoning Ordinance states specific findings that must be met to
change the ordinance. These are:
1. There is a public need for the amendment.
2. The amendment will accomplish one or more of the purposes of this Ordinance, the
Comprehensive Plan, or other adopted plans or policies of the City.
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Planning Commission Meeting
September 24, 2001
3. The adoption of the amendment is consistent with State and/or Federal requirements.
Staff felt there is a public need for these amendments. The restrictions on the hours of
operation will serve to mitigate noise and other potential nuisances that may result from
the motor vehicle service and repair uses. The proposed language also provides some
flexibility by allowing the use to operate outside the hours of operation if the doors.
remain closed. The rain sensor requirement will help to preserve the City's water supply,
one of the City's natural resources.
There were no comments from the public.
Comments from the Commissioners:
Stamson:
. Agreed with staff, all the ordinances met the criteria set forth by the State.
. Use the same restrictions as C 1 to be consistent. The time frame of 6 :00 a.m. to
11 :30 p.m. makes the most sense. That will be the primary hours for station
businesses.
. Did not like staff s third option. Explained the difficulty of enforcing.
. The irrigation amendment should be approved.
Atwood:
. Agreed with Stamson.
. Questioned if Commercial restrictions are the same for a watering ban? Rye said it
was.
Lemke:
. Questioned if it was a rain or moisture sensor. Criego said he was an expert on the
matter and explained.
. The carwash ordinance makes no distinction how far away the homes are located.
There should be some sort of distance built into the ordinance.
. Most of the noise is from the drying fans outside the carwash. Rye explained the
proposal.
Criego:
. The recommendation is basically 6:00 a.m. to 11 :30 p.m. with the doors closed or not
operational.
. Most people are sleeping at 6:00 am. As it relates to nighttime, people are in bed at
10 pm. There is still a noise issue with this time frame. If there are no neighbors, we
are imposing limitations on something that is not needed.
. Regulate the distance to residents. Then set the hours. The problem is noise.
. Irrigation sensors are great.
V onhof:
. Agreed with the irrigation. Rain sensors are a great idea.
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Planning Commission Meeting
September 24,2001
. Agreed with Stamson, there should be consistency with the districts regarding the
carwashes. It would be possible, especially with gas stations, which are adjacent to
residential areas. Something could be done.
. Don't know ifits better to regulate the hours or maintain the doors be closed all the
time. Noise is a continual condition.
Open Discussion and comments: (regarding carwashes)
. Most carwashes now have to open the back door to be air-dried.
. Most gas stations are along Highway 13. Between 6:00 a.m. and 11 :30 p.m., the
traffic and noise levels are going to be higher, the carwash noise is not going to be
significantly contributing to that.
. Do not like the doors being shut. Liked Lemke's suggestion of mitigating the
distance from a residential district.
. There is a design that keeps the dryer inside the carwash.
. How to police?
. Questioned staff if there have been complaints from the Cl District. Rye said there
were none, it came from a C4 district.
. All agreed there should be some regulation.
. Limit the hours of open doors.
. Hard to speculate what will happen.
. Really only applies to 2 stations in Prior Lake.
. Table to next session and contact the stations and explain the problem and see if they
have a solution that would work. They may have additional information.
. Other cities have varying regulations to their ordinances. There is no standard
language.
MOTION BY STAMSON, SECOND BY CRIEGO, RECOMMENDING CITY
COUNCIL APPROVE THE RAIN SENSOR AMENDMENT PURSUANT TO
STAFF'S LANGUAGE.
Vote taken indicated ayes by all. MOTION CARRIED.
MOTION BY STAMSON, SECOND BY LEMKE, TO TABLE THE CARWASH
ISSUE TO OCTOBER 8, 2001 AND CONTINUE THE PUBLIC HEARING.
Vote taken indicated aye by all. MOTION CARRIED.
5. Old Business:
A. Case Files #01-066 & #01-067 EFH Company representing Metro Cabinets
and American Glass & Mirror Variance Resolution.
Zoning Administrator Steve Horsman presented Resolution 01-0 15PC as directed by the
Planning Commission at the September 10,2001 meeting.
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