HomeMy WebLinkAbout7.c. Text Amendment Related to Non-Conforming Auto Related Uses PCExSum 04-2-15EXECUTIVE SUMMARY
Planning Commission Meeting Date: April 2, 2015
AGENDA ITEM: Case 15-04-TA City of Rosemount.
AGENDA SECTION:
Zoning Ordinance Text Amendment to
Related to Non-Conforming Auto Related New Business
Uses
PREPARED BY: AGENDA NO.
Jason Lindahl, AICP
Planner 7.c.
ATTACHMENTS
:
APPROVED BY:
Commercial Car Wash and Service Station
Conditional Use Permit Standards, Auto K.L.
Related Use Standards from Other
Communities, Comments from Medi-Car
and Goodyear
RECOMMENDED ACTION
: Discuss and provide direction to staff.
SUMMARY
The purpose of this memo is to provide the Planning Commission with an update on the c
to address non-conforming auto related uses. As a reminder, this application was initiated by staff as a
result of the findings and recommendations from the South Urban Gateway planning study. The
Implementation section of that report included a recommendation to consider zoning changes
targeted to non-conforming auto related uses. While the South Urban Gateway examined non-
conforming auto related uses within the designated study area, implementation of this strategy may
address non-conforming auto related uses city wide. According to the timeline approved by the
Planning Commission during the January meeting, this item will be back before this group during the
April work session at which time staff will provide a complete report of its research and the comments
from affected stakeholders. The work session would likely be before or after the normal Planning
Commission meeting and staff will inform the existing business owners of the work session. This
work session will give the Planning Commission a chance to have an open conversation with staff and
the business owners without the pressure of having to act on the issue that night. Based on these
comments, staff will revise the draft zoning ordinance text amendment and hold a public hearing on
this item for Planning Commission review most likely in May. Based on public comment and
direction from the Planning Commission, staff will finalize the zoning ordinance text amendment and
bring it before the City Council in June for final action.
BACKGROUND
In 2005, the City updated the standards for the C-3, Highway Commercial and C-4, General
Commercial districts. At that time, the primary goal was to rearrange the uses within those districts
to focus the auto-oriented and outdoor display uses in the C-3 District while creating detailed
performance standards for conditional uses. A secondary goal was to establish consistent and high-
quality development standards. Changes to the development standards focused on four areas
including: (1) increasing the buffering standards for commercial uses contiguous to non-commercial
or non-industrial uses or districts; (2) updating the building materials and appearance standards; (3)
create parking lot screening and landscaping standards; and (4) adding landscaping and irrigation
standards. An unintended result of these changes was to make auto related business within the C-4
District non-conforming uses. The South Urban Gateway planning study identified this as an issue
for businesses within the study area such as Valvoline and Holiday.
STAKEHOLD FEEDBACK
In February, staff mailed a letter to all of the auto related uses in the city informing them of the study
of non-conforming auto related uses and asking for their participation and feedback. To date staff has
heard back from four of the twelve businesses (Debi McConnell of Medi-
, and Steve Linn of Goodyear). Of this group, only Medi-Car and
Goodyear have provided written comments to date. All four businesses thanked staff for reaching out
to engage them on this issue. Medi-
current non-conforming status but are very interest in the zoning standards going forward when they
may choose to purchase another property to expand
concerned with their non-conforming status and the potential limits on their property. They
recommended that the city amend the zoning ordinance to allow auto repair uses as a conditional use
in the C-4 zoning district. Staff also had phone conversation w
-Car, they were not concerned
about their current non-conforming status but are very interest in the zoning standards going forward
when they may choose to expand.
ISSUE ANALYSIS
During the January Planning Commission meeting staff described a number of zoning practices that
could address this issue and stated they would research how other cities regulate auto related uses. As
part of that research, staff requested information from Apple Valley, Burnsville, Eagan, Lakeville, and
Woodbury. To date, Burnsville, Lakeville, and Woodbury have responded to this request. Each of
these communities defines different types of auto repair (major or minor) and gas station (with and
without convenience store sales), and specific zoning performance standards for each use. These
standards address the type of work, size of vehicle, number of gas pumps, type of retail sales, and the
and service
station standards, and the information from other communities as a reference. Potential changes to
Revised definitions
Inclusion of some times of auto related uses in other zoning districts.
Revision of standards for auto related uses.
CONCLUSION
This memo provides the Planning Commiss-
conforming auto related uses. It includes a summary of the research and stakeholder feedback
received as part of this study to date. Staff will review this information with the Planning Commission
and take any questions or comments. According to the timeline approved by the Planning
Commission during its January meeting, this item will be back before this group during its April work
session at which time staff will provide a complete report of its research and the comments from
effected stakeholders. Staff will inform the existing business owners of the work session. Based on
comments received, staff will revise the draft zoning ordinance text amendment and hold a public
hearing on this item for Planning Commission review most likely in May. Council deliberations will
be scheduled after the final recommendation from the Planning Commission is received.
2
Rosemounepair, Commercial Car Wash and
Service Station Conditional Use Permit Standards
Automotive repair subject to:
1.The site and building(s) shall be designed to limit the effects of this use on adjacent properties and public
rights of way. No automotive repair use shall be located on a site abutting any residential use or district.
2.All repair, assembly, disassembly or maintenance of vehicles shall occur within a closed building, except
minor maintenance, including tire inflation, adding oil, wiper replacement and the like. All overhead
vehicle doors on the building shall remain closed except when a vehicle is entering or exiting the building.
3.Gasoline pumps/sales shall require an additional conditional use permit subject to the performance
standards outlined in this subsection for nonservice station retail facilities having gasoline pumps.
4.Outdoor storage of parts, materials, and equipment is prohibited.
5.Automotive repair uses shall designate on a site plan separate areas for customer parking and storage of
inoperable vehicles awaiting repair or repaired vehicles awaiting pick up. These areas shall meet the
design standards outlined in section 11-6-1, "Off Street Parking Requirements", of this title and be
screened as follows:
a.Customer parking areas shall meet the applicable screening standards outlined in this title
including, but not limited to, section 11-6-1, "Off Street Parking Requirements", of this title
and this section.
b.Inoperable vehicles awaiting repair or repaired vehicles awaiting pick up shall be stored
behind the principal building. Landscaping and berming shall be a secondary source for
screening said vehicles. Should landscaping and berming be found ineffective by the city, the
city may approve screening walls and/or decorative fencing as an alternative. Screening walls
shall be constructed of the same materials as the principal building and shall not extend
more than twenty five feet (25') without a change in architecture to reduce their mass and
appearance. Stacking areas shall have a minimum ninety percent (90%) opacity screen to a
height of six feet (6').
c.Junk or unlicensed vehicles awaiting repair or pick up shall be stored completely inside a
closed building in accordance with the performance standards outlined in section 11-2-9 of
this title.
6.Parking of vehicles on public right of way shall be prohibited.
7.All painting must be conducted in an approved paint booth. All paint booths and all other activities
of the operation shall thoroughly control the emission of fumes, dust, or other particulate matter in
compliance with Minnesota pollution control standards and applicable fire and building codes.
8.All flammable materials, including liquids and rags, shall conform to the applicable provisions of the
Minnesota fire code.
9.No public address system shall be audible from a noncommercial or nonindustrial use or district.
Commercial car washes (drive-through, mechanical and self-service) provided that:
1.The site and building(s) shall be designed to limit the effects of the washing operation on adjacent
properties and public rights of way. No car wash use shall be located abutting any residential use or
district.
2.The principal building shall be the primary source for screening the stacking and exiting areas from
adjacent properties and/or rights of way. Landscaping and berming shall be a secondary source for
screening the stacking and exiting areas. Should landscaping and berming be found ineffective by the
city, the city may approve screening walls and/or decorative fencing as an alternative. Screening walls
shall be constructed of the same materials as the principal building and shall not extend more than
twenty five feet (25') without a change in architecture to reduce their mass and appearance. Stacking
areas shall have a minimum ninety percent (90%) opacity screen to a height of six feet (6') while
exiting areas shall have a minimum fifty percent (50%) opacity screen to a height of at least four feet
(4').
3.All overhead vehicle doors on the building shall remain closed except when a vehicle is entering or
exiting the building.
4.Commercial car washes shall have a minimum of six (6) stacking spaces per wash stall. Each space
shall be a minimum of nine feet (9') wide by eighteen feet (18') long.
5.Stacking lanes shall not interfere with circulation in any required parking, loading, maneuvering or
pedestrian area.
6.Untreated water from the car wash shall not be discharged into the storm sewer. If the water is to be
pretreated and discharged into the storm sewer, the pretreatment plans shall be subject to review and
approval of the city engineer and building official, and subject to applicable requirements of
metropolitan council environmental services and MPCA.
Nonservice station retail facilities having gasoline pumps.
1.The site and building(s) shall be designed to limit the effects of this use on adjacent properties and
public rights of way. No gasoline pumps shall be located on a side abutting any residential use or
district.
2.The principal building shall be the primary source for screening the gasoline pumps from adjacent
properties and/or rights of way. Landscaping and berming shall be a secondary source for screening
gasoline pumps. Should landscaping and berming be found ineffective by the city, the city may
approve screening walls and/or decorative fencing as an alternative. Screening walls shall be
constructed of the same materials as the principal building and shall not extend more than twenty
five feet (25') without a change in architecture to reduce their mass and appearance. The secondary
source of screening (landscaping and berming or walls and/or decorative fencing) shall provide a
minimum ninety percent (90%) opacity screen to a height of four feet (4').
3.Stacking for gas pumps shall be provided for at least one car beyond the pump island in each
direction in which access can be gained to the pump. Each space shall be a minimum of nine feet (9')
wide by eighteen feet (18') long.
4.Stacking areas shall be designed and located to minimize noises, emissions, and headlight glare upon
adjacent properties and shall not interfere with circulation through any required parking, loading,
maneuvering or pedestrian area.
5.Fuel pumps shall be installed on pump islands. Pump islands shall be elevated six inches (6") above
the traveled surface of the site and shall conform to the applicable principal building setback.
Additionally, there shall be sufficient area around the pump island(s) to allow for safe and efficient
movement of vehicles through the site, with a minimum twenty four feet (24') between pump rows,
measured curb face to curb.
6.Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel
transports and unloading operations that do not conflict with circulation, access and other activities
on the site.
7.A protective canopy structure may be located over the pump islands, subject to the following
standards:
a.The edge of the canopy shall maintain setbacks as required for the principal building.
b.The architectural design, colors, and character of the canopy shall be consistent with the
principal building on the site. The canopy posts/signposts shall not obstruct traffic or the
safe operation of the gas pumps.
c.The canopy shall not exceed eighteen feet (18') in height and must provide at least fourteen
feet (14') of clearance to accommodate a semitrailer passing underneath. The height of the
canopy may be increased should the city council determine the architectural design enhances
the site and/or is more consistent with the principal building.
d.The canopy fascia shall not exceed three feet (3') in vertical height.
e.Canopy lighting shall consist of canister spotlights recessed into the canopy. No portion of
the light source or fixture may extend below the bottom face of the canopy. Total canopy
illumination shall not exceed one hundred fifteen (115) foot-candles below the canopy at
ground level. The fascia of the canopy shall not be illuminated.
f.Signage may be allowed on a canopy, however such signage will apply towards the allowable
sign area for the principal building and/or ground sign.
8.No public address system shall be audible from a noncommercial or nonindustrial use or district.
9.The sale, storage, or display of vehicles is prohibited.
10.No outside storage, display, or services shall be allowed except as follows:
a.Propane sales limited to twenty (20) pound capacity tanks may be located outside provided
the tanks are secured in a locker and the use meets all state building and fire codes.
b.Sale or display of goods shall be allowed on the private sidewalk immediately in front of the
principal building, provided that a minimum four foot (4') clearance is maintained for
pedestrian access and that the display does not exceed four feet (4') in height and is
maintained in an orderly fashion. Display shall not block the handicap accessible route.
c.Sale or display of goods shall be allowed in an area underneath the canopy adjacent to the
pump island provided that the display does not exceed three feet (3') in height or extend
beyond the concrete base of the pump island. This area shall be maintained in an orderly and
safe fashion and in accordance with applicable state fire code regulations.
11.Any repair, assembly, disassembly or maintenance of vehicles shall require an additional conditional
use permit subject to the performance standards outlined in this subsection for automotive repair.
12.A car wash facility shall require an additional conditional use permit subject to the performance
standards outlined in this subsection for commercial car washes.
Auto Related Use Standards from Other Communities
Burnsville
AUTOMOBILE REPAIR, MAJOR: General repair, rebuilding of trailers, bodywork, framework and major
painting service.
AUTOMOBILE REPAIR, MINOR: The replacement of any part or repair of any part which does not
require the removal of the engine head or pan, engine transmission or differential; incidental body and fender
work, minor painting and upholstering service involving passenger automobiles and trucks not in excess of a
three-quarter (3/4) ton rating.
CONVENIENCE STORE, MOTOR FUEL STATION: A motor fuel station that offers for sale a limited
amount of food and household products, which are in addition to those typically supplied at a motor fuel
station.
MOTOR FUEL STATION: A retail place of business engaged primarily in the sale of motor fuels, but also
may be engaged in supplying goods and services generally required in the operation and maintenance of
motor vehicles. These may include sale of petroleum products, vehicle fuels, sale and servicing of tires,
batteries, automotive accessories, and replacement items, washing and lubrication services; and the
performance of minor automotive maintenance and repair.
MOTOR FUEL STATION (CLASS I): A motor fuel station consisting of four (4) motor fuel dispensers or
less. There shall be no more than four hundred (400) square feet of retail sales unrelated to automobile
service nor more than two (2) service bays.
MOTOR FUEL STATION (CLASS II): A motor fuel station including one or more of the following: more
than four (4) motor fuel dispensers, more than four hundred (400) square feet of retail sales unrelated to
automobile service, a car wash, or more than two (2) service bays.
Lakeville
AUTOMOBILE REPAIR (MAJOR): General repair, rebuilding or reconditioning engines, motor vehicles,
motorcycles, boats, recreational vehicles and/or trailers; collision service, including body, frame or fender
straightening or repair; overall painting or paint job; vehicle steam cleaning.
AUTOMOBILE REPAIR (MINOR): Minor repairs, incidental body and fender work, painting and
upholstering, replacement of parts and motor services to passenger automobiles and trucks, motorcycles,
boats, recreational vehicles and other vehicles not exceeding twelve thousand (12,000) pounds' gross weight,
but not including any operation specified under the definition of Automobile Repair (Major).
Woodbury
Motor fuel stations shall include motor fuel stations, motor fuel station convenience stores, and all premises
whereon the owner or occupant conducts the business of furnishing, selling or dispensing motor fuel or
liquefied petroleum for motor vehicles.
Motor vehicle service includes a place where greasing and oiling and/or the sale of automobile accessories on
the premises, a place where minor repairs, incidental body and fender work, painting and upholstering,
replacement of parts and motor services to passenger automobiles and trucks not exceeding one-and-one-
half-ton capacity or retail sales of convenience items. "Motor vehicle service" does not include general repair,
rebuilding or reconditioning on engines, motor vehicles or trailers; collision service, including body, frame or
fender straightening or repair; overall painting or paint job; vehicle steam cleaning. These would not be
included as ordinary service station activities unless specifically permitted by conditional use permit.
Garage, repair means a building or space within a building for the repair or maintenance of motor vehicles,
but not including factory assembly of such vehicles, auto wrecking establishments or junkyards. Towing may
be included as an incidental use for vehicles that are towed to the site for general repair, rebuilding or
reconditioning including engine work, collision service, body, frame and fender straightening or repair,
painting and vehicle steam cleaning.