Loading...
HomeMy WebLinkAboutConsent12 - Bubble Barn Express Car Wash Conditional Use Permit1 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA CONDITIONAL USE PERMIT NO. 22-___ 1.Permit. Subject to the terms and conditions set forth herein, the City of Lakeville approves a Conditional Use Permit for Bubble Barn Express Car Wash to allow a commercial car wash in the C-3, General Commercial District to be located at 17453 Dodd Boulevard. 2.Property. The permit is for the following described property located in the City of Lakeville, Dakota County, Minnesota: Lot 3, Block 1, Cedar and Dodd Retail Addition, Dakota County, Minnesota according to the recorded plat thereof. 3.Conditions. The permit is issued subject to the following conditions: a)The site shall be developed in accordance with the plans approved by the City Council. b)Trash and recycle bins shall be stored inside the trash enclosure constructed in accordance with the plans submitted with the conditional use permit application and approved by the City Council. c)A security for landscaping must be submitted with a SIPA prior to recording of the conditional use permit. d)The water reclamation and discharge system must be reviewed and approved by the City Engineer and Building Official prior to issuance of a building permit. 2 4.Revocation of Permit. The City may revoke the permit for cause upon determination that the conditional use is not in conformance with the conditions of this permit or is in continued violation of the Zoning Ordinance, City Code, or other applicable regulations. 5.Expiration. This permit shall expire unless the applicant commences construction of the authorized use within one year of the date of this permit, unless an extension is approved by the Zoning Administrator. Dated: May 16, 2022 CITY OF LAKEVILLE BY:________________________ Douglas P. Anderson, Mayor BY:________________________ Ann Orlofsky, City Clerk The following instrument was acknowledged before me this 16th day of May 2022 by Douglas P. Anderson, Mayor and by Ann Orlofsky, City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation. __________________________ Notary Public DRAFTED BY: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA BUBBLE BARN EXPRESS CAR WASH CONDITIONAL USE PERMIT FINDINGS OF FACT AND DECISION On April 21, 2022, the Lakeville Planning Commission met at its regularly scheduled meeting to consider the application of Jessica Zazworsky and Bubble Barn Express Car Wash for a conditional use permit to allow a commercial car wash in the C-3, General Commercial District at 17453 Dodd Boulevard. The Planning Commission conducted a public hearing on the conditional use permit application preceded by published and mailed notice. The applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak. The City Council hereby adopts the following: FINDINGS OF FACT 1.The subject property is located in Comprehensive Planning District 5, which guides the property for commercial land uses. 2.The subject site is zoned C-3, General Commercial District. 3.Legal description of the property is: Lot 3, Block 1, Cedar and Dodd Retail Addition 4.Chapter 4 of the City of Lakeville Zoning Ordinance provides that a conditional use permit may not be issued unless certain criteria are satisfied. The criteria and our findings regarding them are: a.The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. Finding: The proposed commercial car wash facility is consistent with the Comprehensive Plan’s guided commercial land use and District 5 recommendations. b.The proposed use is or will be compatible with present and future land uses of the area. Finding: The proposed commercial car wash facility will be compatible with the present and future commercial land uses in the surrounding area. c.The proposed use conforms to all performance standards contained in the Zoning Ordinance and the City Code. 2 Finding: The commercial car wash facility will conform to all performance standards contained in the Zoning Ordinance. d.The proposed use can be accommodated with existing public services and will not overburden the City’s service capacity. Finding: The property is served with City sanitary sewer and water. The proposed commercial car wash facility will not overburden the City’s service capacity. e.Traffic generated by the proposed use is within capabilities of streets serving the property. Finding: The traffic generated by the proposed commercial car wash facility will not overburden the streets serving the property. 5.The report dated April 14, 2022 prepared by Associate Planner Kris Jenson is incorporated herein. DECISION The City Council approves the conditional use permit in the form attached hereto. DATED: May 16, 2022 CITY OF LAKEVILLE BY: __________________________ Douglas P Anderson, Mayor BY: __________________________ Ann Orlofsky, City Clerk 1 221524v4 Bubble Barn Express Car Wash (reserved for recording information) SITE IMPROVEMENT PERFORMANCE AGREEMENT BUBBLE BARN EXPRESS CAR WASH AGREEMENT dated ____________________, 2022, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation (“City”) and 2350 COUNTY RD 42, LLC, a Minnesota limited liability company (“Developer”). 1. BACKGROUND. A. The Developer has submitted to the City a site plan application on property in the City of Lakeville, Minnesota, located at 17453 Dodd Boulevard, legally described as Lot 3, Block 1, Cedar and Dodd Retail Addition, Dakota County, Minnesota, according to the recorded plat thereof (hereinafter referred to as the “Subject Property”). B. The development of the Subject Property includes the construction of a commercial car wash facility comprised of a one story building, approximately 24 feet in height, payment kiosks, magazine or stacking space to accommodate six (6) vehicles per wash stall and 200 additional feet of stacking space accommodating an additional ten (10) vehicles (“Improvements”). 2 221524v4 Bubble Barn Express Car Wash 2. CONDITIONS OF APPROVAL. This Agreement is a condition of City site plan approval and will be recorded against the Subject Property. 3. PLANS. The Subject Property shall be developed in accordance with the following plans which are on file with the City. The plans shall not be attached to this Agreement. If the plans vary from the written terms of this Agreement, the written terms shall control. The plans are: Plan A – Aerial Photo Map Plan B – Location and Zoning Map Plan C – Alta Survey Plan D – Grading, Drainage, and Erosion Control Plan Plan E – Utility Plan Plan F – Site Plan Plan G – Floor, Ceiling, and Roof Plan Plan H – Building Elevations Plan I – Color Elevations Plan J – Schematic Site Lighting Plan Plan K – Photometric Plan No work can occur outside of the areas indicated on the plans without modifying this Agreement or obtaining a separate grading permit. 4. EROSION CONTROL. The Developer is responsible for obtaining an MPCA Construction Permit for the site as well as developing a SWPPP for the site prior to issuance of a building permit. The permit requires that all erosion and sediment BMPs be clearly outlined in a SWPPP. Changes made throughout construction must be documented in the SWPPP. All basin slopes and slopes adjacent to wetlands must have erosion control blanket installed. Additional erosion control measures may be required during construction as deemed necessary by City staff. Any additional measures required shall be installed and maintained by the Developer. 3 221524v4 Bubble Barn Express Car Wash 5. LICENSE. Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Subject Property to perform all work and inspections deemed appropriate by the City in conjunction with site development. 6. CONSTRUCTION ACCESS. Construction traffic access shall be from a single rock construction entrance on the adjacent private roadway. Construction access for ingress and egress shall be restricted along Dodd Boulevard. 7. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. The Developer shall pay for construction observation performed by the City's in-house engineering staff or consulting engineer. Construction observation shall include part or full time inspection of proposed public utilities and will be billed on hourly rates estimated to be five percent (5%) of the estimated construction cost. 8. GRADING. As and to the extent required for the installation of the Improvements, Developer (or its agents, employees, or contractors) shall grade the Subject Property in accordance with the approved Grading, Drainage and Erosion Control Plan. The plan shall conform to City of Lakeville specifications. Within thirty (30) days after completion of the grading necessary for the installation of the Improvements and final establishment of ground cover or temporary stabilization approved by the City (unless and to the extent otherwise permitted hereunder), the Developer shall provide the City with an “as constructed” plan certified by a registered land surveyor or engineer that all Improvements have been constructed pursuant to the applicable, approved plans. Prior to the release of the grading and erosion control security with respect to the installation of the Improvements, the “as constructed” plan for the Improvements must be submitted to verify that the construction of the Improvements are consistent with the approved Plans, and amendments thereto as approved by the City Engineer, and that all required property monuments are in place. If the final “as constructed” plan for the Improvements is not timely completed, the City may enter the lot, perform the work, and draw on the letter of credit. Upon satisfactory completion of the Improvements and submission of the “as constructed” plans for the Improvements, the security, less any draw made by the City, shall be released. 4 221524v4 Bubble Barn Express Car Wash The proposed Improvements may involve more than one acre of site disturbance. A National Pollution Discharge Elimination System General Stormwater Permit for construction activity is required from the Minnesota Pollution Control Agency for areas exceeding one acre being disturbed by grading. If required, a copy of the Notice of Stormwater Permit Coverage must be submitted to the City upon receipt from the MPCA and prior to the acceptance of the Improvements. 9. LANDSCAPING. Landscaping shall be installed in accordance with the approved landscape plan. The Developer shall post a $45,000.00 landscaping security to ensure that the landscaping is installed in accordance with the approved plan. 10. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from construction work by the Developer, subcontractors, their agents or assigns. Prior to any construction on the Subject Property, the Developer shall identify in writing a responsible party and schedule for erosion control, street cleaning, and street sweeping. 11. SPECIAL PROVISIONS. The following special provisions shall apply to this Agreement: A. All signage on the property shall comply with Zoning Ordinance requirements. The Developer must obtain a sign permit prior to installation of any signs on the property or buildings. B. Exterior lights shall not be flood lights and shall be directed downward or shielded in compliance with Zoning Ordinance requirements. C. Trash and recycle bins shall be stored inside the trash enclosure constructed in accordance with the plans submitted with the conditional use permit application and approved by the City Council. E. The water reclamation and discharge system must be reviewed and approved by the city engineer and building official prior to issuance of a building permit. F. The Developer shall obtain any permits from the Metropolitan Council relating to the water reclamation and recycling system, if applicable. 5 221524v4 Bubble Barn Express Car Wash G. The Developer shall submit as-built record drawings following the completion of this project. H. The plans include the construction of a privately owned and maintained retaining wall. The proposed retaining wall will be located within a drainage and utility easement. The Developer shall post a $50,000.00 security and enter into an encroachment and maintenance agreement with the City prior to issuance of a building permit for the private improvements to be constructed by the Developer within the City’s easement. Retaining walls with a combined height greater than four feet shall be designed by a registered geotechnical or structural engineer and constructed in accordance with plans and specifications consistent with MnDOT requirements. A separate building permit from the City’s Building Official is required prior to the construction of the wall. The wall shall be inspected during construction and certified by the design engineer following construction. 12. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this Agreement, payment of real estate taxes including interest and penalties, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with a cash escrow or letter of credit, in the form attached hereto, from a bank ("Security") for $97,628.00 prior to City Council execution of this Agreement. The amount of the Security was calculated as follows: CONSTRUCTION COSTS: Grading, Drainage and Erosion Control $20,000.00 Public Utility Connections 5,000.00 CONSTRUCTION SUB-TOTAL $25,000.00 6 221524v4 Bubble Barn Express Car Wash OTHER COSTS: City Construction Observation (5.0%) $1,250.00 City’s Legal Expense (0.5%) 125.00 Retaining Wall Certification 50,000.00 Developer’s Record Drawing (0.5%) 750.00 Landscaping 45,000.00 OTHER COSTS SUB-TOTAL 97,125.00 TOTAL PROJECT SECURITIES: $122,125.00 This breakdown is for historical reference; it is not a restriction on the use of the Security. The bank shall be subject to the approval of the City Administrator. The City may draw down the Security, on five (5) business days prior written notice to the Developer, for any violation of the terms of this Agreement or without notice if the Security is allowed to lapse prior to the end of the required term. If the Security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the City that work has been completed and financial obligations to the City have been satisfied, with City approval the Security may be reduced from time to time by ninety percent (90%) of the financial obligations that have been satisfied. Ten percent (10%) of the amounts certified by the Developer's engineer shall be retained as Security until all improvements have been completed, all financial obligations to the City satisfied, the required "as constructed" plans have been received by the City, a warranty security is provided, and the public improvements are accepted by the City Council. The City’s standard specifications for utility and street construction outline procedures for security reductions. 13. ACKNOWLEDGEMENT. The Developer acknowledges that approval of installation of the Improvements does not constitute a guarantee by the City of any future subdivision approvals and that the Developer performs the work on the Subject Property at its own risk. 14. RESPONSIBILITY FOR COSTS. A. The Developer shall pay all costs incurred by it or the City in conjunction with the development of the Subject Property, including but not limited to legal, planning, engineering and inspection expenses incurred in connection with approval of the site plan, the preparation of this Agreement, review of any other plans and documents. 7 221524v4 Bubble Barn Express Car Wash B. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from site approval and development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. Notwithstanding anything contained within this Section 21(B), Developer shall not be obligated to indemnify or defend the City from and against claims based on any negligence or willful misconduct by the City, its employees, agents or contractors, or the failure of the City to act in accordance with City ordinances and other applicable laws. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering and attorneys' fees. D. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement within thirty (30) days after receipt. Bills not paid within thirty (30) days shall accrue interest at the rate of eight percent (8%) per year. 15. MISCELLANEOUS. A. Third parties shall have no recourse against the City under this Agreement. B. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. C. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. D. This Agreement shall run with the land and may be recorded against the title to the Subject Property. The Developer covenants with the City, its successors and assigns, that the Developer has fee title to the Subject Property and/or has obtained consents to this Agreement, in the form attached hereto, from all parties who have an interest in the Subject Property; that there are no unrecorded interests 8 221524v4 Bubble Barn Express Car Wash in the Subject Property; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. E. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. F. Breach of the terms of this Agreement by the Developer, including nonpayment of billings from the City, shall be grounds for denial of building permits and certificates of occupancy, and the halting of all work on the Subject Property. G. The Developer represents to the City that the development complies with all City, county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the development does not comply, the City may, at its option, refuse to allow construction or development work in the development until the Developer does comply. Upon the City’s demand, the Developer shall cease work until there is compliance. 16. DEVELOPER’S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than ten (10) days in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the Subject Property. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 17. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the 9 221524v4 Bubble Barn Express Car Wash following address: ATTN: Jessica Zazworsky, 4940 Newton Avenue South, Minneapolis, Minnesota 55419. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: Lakeville City Hall, 20195 Holyoke Avenue, Lakeville, Minnesota 55044. 10 221524v4 Bubble Barn Express Car Wash CITY OF LAKEVILLE BY: __________________________________________ Douglas P. Anderson, Mayor (SEAL) AND __________________________________________ Ann Orlofsky, City Clerk STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ________ day of ______________, 2022, by Douglas P. Anderson and by Ann Orlofsky, respectively the Mayor and City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ______________________________________________ NOTARY PUBLIC 1 221551v2 (reserved for recording information) ENCROACHMENT AGREEMENT AGREEMENT made this ____ day of _____________, 2022, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation (“City”), and 2350 COUNTY RD 42, LLC, a Minnesota limited liability company (“Owner”). 1. BACKGROUND. Owner is the fee owner of certain real property located in the City of Lakeville, County of Dakota, State of Minnesota, legally described as follows: Parcel ID No. 22-16580-01-030 Lot 3, Block 1, Cedar and Dodd Retail Addition, Dakota County, Minnesota, according to the recorded plat thereof. (“Subject Property”) The City owns easements for drainage and utility purposes over portions of the Subject Property. The Owner desires to construct a retaining wall on the Subject Property which encroaches on the City’s drainage and utility easement areas as depicted on the attached Exhibit “A” (“Improvements”). 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment in the City’s Easement Areas on the Subject Property for the retaining wall subject to the conditions set forth in this Agreement. Further conditions of encroachment approval are: 2 221551v2 • The Improvements shall not impact or increase water drainage on the abutting property or cause any adverse drainage patterns or erosion to the abutting property. • The Owner(s) of the Subject Property will own and maintain the Improvements. 3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach in the City's Easement Areas, the Owner, for itself, its heirs, successors and assigns, hereby agrees to indemnify and hold the City harmless from any damage caused to the Subject Property or retaining wall encroaching into the City’s Easement Areas as depicted on Exhibit “A”, including the retaining wall in the City’s Easement Areas, caused in whole or in part by the encroachment into the City's Easement Areas. 4. TERMINATION OF AGREEMENT. The City may terminate this Agreement at any time if it is reasonably necessary for the City to occupy the City’s Easement Areas for drainage or utility purposes and the retaining wall is inconsistent with the City’s use of the easement. Prior to termination, the City will give the then owner of the Subject Property thirty (30) days advance written notice, except that no notice period will be required in the case of an emergency condition as determined solely by the City and this Agreement may then be terminated immediately. The property owner shall remove that portion of the retaining wall to the extent it impacts the City’s Easement Areas to the effective date of the termination of this Agreement. If the owner fails to do so, the City may remove the retaining wall to the extent it impacts the City’s Easement areas and charge the cost of removal back to the owner for reimbursement. 5. RECORDING. This Agreement shall run with the land and shall be recorded against the title to the Subject Property. [Remainder of page intentionally left blank. Signatures contained on the following pages.] 3 221551v2 CITY OF LAKEVILLE By: _____________________________________ (SEAL) Douglas P. Anderson, Mayor And ____________________________________ Ann Orlofsky, City Clerk STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _________ day of __________________, 2022, by Douglas P. Anderson and Ann Orlofsky, respectively the Mayor and City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ______________________________________ Notary Public EXHIBIT A221551v2 Planning Commission Meeting Minutes, April 21, 2022 Page 3 4. Exterior building materials shall be of similar color and materials as the principal building and shall conform with the standards and criteria in section 11-17-9 of the Zoning Ordinance. 5. The detached accessory building shall be kept, used and maintained in a manner that is compatible with the existing single family home on the property and shall not present a hazard to the public health, safety and general welfare. 6. Sanitary sewer service shall not be provided to the detached accessory building and the detached accessory building shall not be used as a dwelling. 7. No home occupation or other commercial activities shall occur in any accessory building on the property including no storage of commercial equipment or third-party properties or equipment. Ayes: Zuzek, Witte, Einck, Swenson, Drotning Nays: 0 6. Bubble Barn Express Car Wash Chair Witte opened the public hearing to consider the application of Jessica Zazworsky, Bubble Barn Express Car Wash for a conditional use permit to allow a commercial car wash facility located at 17453 Dodd Boulevard. Jessica Zazworsky, Owner of Bubble Barn Express Car Wash presented a brief overview of the project. Associate Planner Kris Jenson presented the planning report. Ms. Jenson stated that the applicant has applied for a conditional use permit to allow the construction and operation of a commercial car wash in the C-3, General Commercial District. The car wash is proposed to be located northwest of Dodd Boulevard (CSAH 9) and east of Glasgow Avenue within the Cedar and Dodd Retail Addition plat. Ms. Jenson outlined the site plan and the operation of the car wash. The Zoning Ordinance allows commercial car washes in the C-3 District subject to meeting the criteria outlined in Section 11-73-7.D of the Zoning Ordinance. Planning Department staff recommends approval of the Bubble Barn Express Car Wash conditional use permit, subject to the four stipulations listed in the April 14, 2022 planning report. Chair Witte opened the hearing to the public for comment. There were no comments from the audience. Planning Commission Meeting Minutes, April 21, 2022 Page 4 Motion was made by Einck, seconded by Drotning to close the public hearing at 6:19 p.m. Voice vote was taken on the motion. Ayes – unanimous Chair Witte asked for comments from the Planning Commission. Discussion included: • Maximum number of vehicles that go through the car wash per hour. • Motion was made by Swenson, seconded by Einck to recommend to City Council approval of Bubble Barn Express Car Wash conditional use permit, subject to the following stipulations, and approval of the Findings of Fact dated April 21, 2022: 1. The site shall be developed in accordance with the plans approved by the City Council. 2. Trash and recycle bins shall be stored inside the trash enclosure constructed in accordance with the plans submitted with the conditional use permit application and approved by the City Council. 3. A security for landscaping must be submitted with a SIPA prior to recording of the conditional use permit. 4. The water reclamation and discharge system must be reviewed and approved by the city engineer and building official prior to issuance of a building permit. Ayes: Witte, Einck, Swenson, Drotning, Zuzek Nays: 0 7. Brookshire Chair Witte opened the public hearing to consider the application of D.R. Horton, Inc. – Minnesota for the following, located south of 170th Street, east of Eagleview Drive, and west of the municipal boundary with Empire Township: 1. Zoning Map amendment to rezone property from RS-3, Single Family Residential District to RST-2, Single and Two Family Residential District and RM-1, Medium Density Residential District, 2. Preliminary plat of 555 single family residential lots, 181 attached townhome lots, and one HOA clubhouse lot to be known as Brookshire, 3. Variance for cul-de-sac length greater than 600 feet, and 4. Conditional use permit to allow: A. Reduction of minimum lot area and width requirements for single family lots within the RST-2 District and B. Private HOA clubhouse facility and HOA parks and open space. Mike Suel, from D.R. Horton Inc. presented a brief overview of the project. Planning Consultant Daniel Licht presented the TPC planning report. Mr. Licht stated that D.R. Horton has applied for a preliminary plat of 298.93 acres with 736 total dwellings, as well as public park, and HOA open space and a clubhouse facility. 1 City of Lakeville Planning Department Memorandum To: Planning Commission From: Kris Jenson, Associate Planner Date: April 14, 2022 Subject: Packet Material for the April 21, 2022 Planning Commission Meeting Agenda Item: Bubble Barn Express Car Wash Conditional Use Permit Application Action Deadline: May 24, 2022 (Extended from March 25, 2022) INTRODUCTION Patrick Voss of Greystone Construction, on behalf of Jessica Zazworsky and Bubble Barn Express Car Wash, has submitted an application for a conditional use permit to allow the construction and operation of a commercial car wash in the C-3, General Commercial District. The car wash is proposed to be located northwest of Dodd Boulevard (CSAH 9) and east of Glasgow Avenue within the Cedar and Dodd Retail Addition plat. The site development plans have been reviewed by Planning Department and Engineering Division staff. Given that there are no public street, stormwater, or utility improvements proposed with this development, the Engineering Division has not prepared a staff memo for the proposed development. EXHIBITS A. Aerial Photo Map B. Location and Zoning Map C. Alta Survey D. Grading, Drainage, and Erosion Control Plan E. Utility Plan 2 F. Site Plan G. Floor, Ceiling, and Roof Plan H. Building Elevations I. Color Elevations J. Schematic Site Lighting Plan K. Photometric Plan L. Landscape Plan PLANNING A NALYSIS Existing Conditions: The site is vacant and was mass graded as part of the Cedar and Dodd Retail Addition development. Glasgow Avenue and the sidewalk along the east side of the private drive were constructed at that time. Surrounding Land Uses and Zoning North – Undeveloped land (C-3) East – Dodd Boulevard, Christian Brothers Auto and Subway (PUD) South – Dodd Boulevard, Crossroads commercial development (PUD) West – Glasgow Avenue (private drive), future medical office building (C-3) Setbacks. Setback requirements in the C-3 District are noted below: Yard Public Road Right of Way Interior Lot Lines Setbacks 30 feet 10 feet The proposed commercial car wash meets the C-3 District setback requirements. Grading, Drainage and Erosion Control. The conditional use permit plans include grading, drainage and erosion control, and private utilities construction associated with the proposed site plan. Stormwater ponding is existing within the Cedar and Dodd Retail development and additional ponding is not required to be constructed on this site. The Assistant City Engineer has reviewed the grading, drainage and erosion control, and utility plans and revised plans have been submitted to address the Engineering Division’s comments. CONDITIONAL USE PERMIT Section 11-73-7.D of the Zoning Ordinance allows commercial car washes in the C-3, General Commercial District subject to meeting the following seven criteria: 1. A car wash that is accessory to a convenience store/motor fuel facility shall be included as part of the principal building. 3 The primary use on this parcel will be a car wash; it is not accessory to a convenience store and/or motor fuel facility. 2. Magazine or stacking space is constructed to accommodate six (6) vehicles per wash stall and shall be subject to the approval of the city engineer. Prior to entering the car wash building, there are three payment kiosks at which vehicles will queue, and each lane can accommodate six vehicles. Beyond this point, there is approximately 200 feet of additional stacking space, which can accommodate 10 more vehicles. 3. Magazine or stacking space must not interfere with on site circulation patterns or required on site parking or loading areas. The stacking areas to enter the car wash are separated from the site circulation for vehicles that have gone through the wash and will be exiting the site. 4. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with section 11-21-9 of this title. The nearest residential uses are over 500 feet to the west (Springs of Lakeville) and to the north (Cedar Valley townhomes). Between the proposed car wash site and the Springs of Lakeville townhomes to the west is a proposed two-story medical office building and Cedar Avenue and to the Cedar Valley townhomes to the north will be the car wash building as well as future development on the lot north of the proposed car wash. Landscape screening is proposed along Dodd Boulevard to provide screening from headlights of the vehicles entering the wash queue. 5. Provisions are made to control and reduce noise and special precautions shall be taken to limit the effects of noise associated with the car wash operation, dryer and vacuum machines. According to a narrative from the applicant, the facility will use “noise reduction technology to help alleviate excessive noise in the tunnel and vacuum lot.” Given the site’s proximity to Dodd Boulevard and Cedar Avenue, it is likely that any noise from the car wash will not be heard by residents at the townhomes to the north or west. 6. The location and operation of vacuum machines must not interfere with magazines or stacking areas, on site circulation or on site parking and loading areas, and may not be located in a yard abutting residentially zoned property. The vacuum machines are located along the exit routes for vehicles and do not interfere with the stacking areas for vehicles entering the car wash. 7. 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. 4 The site will utilize a water reclamation system to reduce the amount of fresh water required to wash vehicles. The water reclamation and discharge system must be reviewed and approved by the city engineer and building official prior to issuance of a building permit. GENERAL P ERFORMANCE STANDARDS In addition to the criteria for commercial car washes listed above, Section 11-4-7 lists the following performance standards for conditional use permits: A. The use and the site in question shall be served by a street of sufficient capacity to accommodate the type and volume of traffic which would be generated and adequate right of way shall be provided. The site has access from Glasgow Avenue, a private street within the Cedar and Dodd Retail development, and abuts Dodd Boulevard, a major collector in the City’s Transportation Plan. These streets are of sufficient capacity to serve the site. B. The site design for access and parking shall minimize internal as well as external traffic conflicts and shall be in compliance with chapter 19 of the Zoning Ordinance. A single driveway access to the private drive (Glasgow Avenue) is proposed on the west side of the site. The access location aligns with the access location to the medical office building site proposed to be built on the west side of Glasgow Avenue, as reviewed and recommended for approval by the Planning Commission at their April 7, 2022 meeting. No access to Dodd Boulevard is permitted from the site. C. If applicable, a pedestrian circulation system shall be clearly defined and appropriate provisions made to protect such areas from encroachment by parked or moving vehicles. A sidewalk currently exists along the east side of Glasgow Avenue and a bituminous trail along the west side of Dodd Boulevard, both adjacent to the site. D. Adequate off street parking and off street loading shall be provided in compliance with chapters 19 and 20 of the Zoning Ordinance. Section 11-19-13 of the Zoning Ordinance requires 10 spaces for a drive through car wash. The Bubble Barn site includes 26 parking spaces, 19 of which have vacuum equipment adjacent to the spaces for use by the customers. E. Loading areas and drive-up facilities shall be positioned so as to minimize internal site access problems and maneuvering conflicts, to avoid visual or noise impacts on any "adjacent" residential use or district, and provided in compliance with chapter 20 of this title. The site plan (Exhibit F) includes truck turning radii for a large vehicle visiting the site. The car wash building does not include a loading dock, but the site layout allows for a large vehicle to have access around the building. 5 F. Whenever a nonresidential use "is adjacent to" a residential use or district, a buffer area with screening and landscaping shall be provided in compliance with chapter 21 of this title. Not applicable G. General site screening and landscaping shall be provided in compliance with chapter 21 of this title. Plantings are proposed around the site but there are no overstory trees proposed along Dodd Boulevard due to the transmission line easement, which limits the height of vegetation within the easement. The landscape plan must be revised to show plantings around the trash enclosure and plantings or fencing to screen the ground-level transformer. An escrow is required to be submitted with the SIPA to ensure the landscaping is completed. H. All exterior lighting shall be so directed so as not to cast glare toward or onto the public right of way or neighboring residential uses or districts, and shall be in compliance with section 11-16- 17 of the Zoning Ordinance. Schematic site lighting and photometric plans (Exhibits J and K) show the locations of four light poles within the parking lot area with additional lighting mounted to the building. All lighting is proposed to be shielded, downcast type fixtures to prevent glare onto adjacent streets and properties. While the site plan shown on the photometric plan is based on a previous version, the fixture locations remain the same and indicate that all site lighting meets the maximum allowed threshold of one-foot candle at the property line. I. Potential exterior noise generated by the use shall be identified and mitigation measures as may be necessary shall be imposed to ensure compliance with section 11-16-25 of the Zoning Ordinance. As noted earlier in this memo, the facility will use “noise reduction technology to help alleviate excessive noise in the tunnel and vacuum lot.” Also, landscaping or fencing added to screen the ground transformer will help to mitigate noises that may come from the transformer. J. The site drainage system shall be subject to the review and approval of the city engineer. The Engineering Division has reviewed and approved the site drainage and utility plans. K. The architectural appearance and functional design of the building and site shall not be so dissimilar to the existing or potential buildings and area so as to cause a blighting influence. All sides of the principal and accessory structures are to have essentially the same or coordinated, harmonious exterior finish materials and treatment. The proposed building is a one story building, approximately 24 feet in height, meant to emulate a red barn. The center of the roof includes a cupula, with an overall height of just over 30 feet, which is below the maximum height of 35 feet for the C-3 District. 6 The primary exterior materials are brick, stone, and glass, which make up at least 65% of each elevation and 73.6% of the exterior in total. The remainder of the building is fiber cement siding, which is the building trim, barn doors, and material used in the peaks of the roof on both ends of the building (Exhibits H and I). Section 11-17-9 of the Zoning Ordinance requires that commercial uses have an exterior finish of at least three Grade A materials that make up at least 65% of the exterior building finish and that not more than 35% of the exterior be Grade B or C materials. Brick, stone, and glass satisfy the Grade A materials requirement and fiber cement siding is a Grade C material. The proposed materials meet the requirements of the Zoning Ordinance. L. Provisions shall be made for daily litter control, an interior location for recycling, and trash handling and storage or an outdoor, enclosed receptacle area shall be provided in compliance with section 11-18-11 of the Zoning Ordinance. A trash/recyclables enclosure is proposed to be located on the south side of the parcel, near the entrance to the site. The enclosure includes a roof and maintenance free gate and with fiber cement siding and stone exterior materials that match the materials and colors of the primary structure. As previously noted, the landscape plan must be revised to add plantings around the trash enclosure prior to City Council consideration of the CUP. M. All signs and informational or visual communication devices shall be in compliance with chapter 23 of the Zoning Ordinance. A freestanding sign location is indicated on the site plan (Exhibit F) at the corner of Dodd Boulevard and Glasgow Avenue. Wall sign locations are also shown on the building elevation plans. All signs must meet Zoning Ordinance requirements and sign permits must be issued by the City prior to the installation of any signs N. The use and site shall be in compliance with any federal, state or county law or regulation that is applicable and any related permits shall be obtained and documented to the city. Bubble Barn car wash is required to obtain any permits from Metropolitan Council relating to the water reclamation and recycling system, if applicable. O. Any applicable business licenses mandated by this code are approved and obtained. Not applicable. P. The hours of operation may be restricted when there is judged to be an incompatibility with a residential use or district. The hours of operation are proposed to be 8:00 am to 8:00 pm, Monday through Saturday and 9:00 am to 6:00 pm on Sundays. The hours of operation are not expected to be incompatible with the surrounding commercial area. 7 Q. The use complies with all applicable performance standards of the zoning district in which it is located and where applicable, any nonconformities shall be eliminated. Not applicable. R. All additional conditions pertaining to a specific site are subject to change when the council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying or expanding the conditions set forth herein. Not applicable. RECOMMENDATION The Bubble Barn commercial car wash conditional use permit is consistent with the requirements of the Zoning Ordinance. Planning Department staff recommends approval subject to the following conditions: 1. The site shall be developed in accordance with the plans approved by the City Council. 2. Trash and recycle bins shall be stored inside the trash enclosure constructed in accordance with the plans submitted with the conditional use permit application and approved by the City Council. 3. Prior to consideration by the City Council, the landscape plan must be revised to show plantings around the trash enclosure and ground-level transformer for screening. A security for landscaping must be submitted with a SIPA prior to recording of the conditional use permit. 4. The water reclamation and discharge system must be reviewed and approved by the city engineer and building official prior to issuance of a building permit. Findings of fact are attached. Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User CommunityCEDAR AVE (CSAH 23)GLACIER WAY City of Lakeville Bubble Barn Car Wash Conditional Use Permit Aerial Location Map Proposed Bubble Barn Car Wash EXHIBIT A DODD BL VD (C S AH 9 ) 1 7 5 T H S T GL ASGOW AVE& CEDAR AVE (CSAH 23)GLACIER WAY City of Lakeville Bubble Barn Car Wash Conditional Use Permit Zoning Map EXHIBIT B 1 7 5 T H S T PUD PUD PUD PUD PUD C-3 O-R C-3 C-3 C-3 RM-2 PUD RS-3 GLASGOW A V E GLASGOW AVEDODD B O U LEVARD (CSAH 9)Proposed Bubble Barn Car Wash location & EXHIBIT C Bubble Barn Express Car Wash Operations Narrative Bubble Barn Express Car Wash is aimed at offering customers superior quality, convenience, and value. Soft brushes are paired with a high-pressure wash and rinse to ensure a superior level of clean compared to a traditional frictionless gas station wash. A wash takes only three minutes, plus the system can wash 100+ cars an hour, vs. 15 at traditional washes, resulting in shorter wait times, particularly on good wash days in the winter when lines can be long. Customers can choose a single wash, starting at $6, or an unlimited monthly pass, so they can wash as often as they like. To ensure a clean car inside and out, free self-serve vacuums are offered after their wash is complete. Three to four full-time employees are on-site to help personally facilitate customers throughout their wash experience. Staff’s purpose is to keep building and landscaping impeccably maintained as well as ensuring the safety of customers. Proposed hours of operations is Monday through Saturday 8:00 am to 8:00 pm, Sunday 9:00 am to 6:00 pm. Conscious environmental practices are a priority to leave the smallest environmental footprint possible. High efficiency process and extensive water reclamation will allow us to save millions of gallons of water annually vs. a traditional car wash. Washes and vacuums will utilize VFD technology to adjust power based on equipment usage, while LED lighting systems will maximize lighting efficiency.99% efficient hot water systems will enable the heating of cleaning soaps, resulting in reduced chemical usage. Wash will feature best-in-class noise reduction technology to help alleviate excessive noise in the tunnel and vacuum lot. Customers will enter the property off Glasgow Avenue, follow the pavement marking and wayfinding signage to the point of sale kiosks at the entrance canopy. Upon payment, they will follow curb lines and be assisted by staff to enter the wash and provided instructions on use. After existing, customers will have the option to utilize the free vacuum stalls or exit the site again via pavement markings and wayfinding signage. EXHIBIT F EXHIBIT G EXHIBIT H EXHIBIT J Project: Details: Date:1/24/2022 These drawings are for conceptual use only and are not intended for construction. Fixture runs and quantities should be verified prior to order. Values represented are an approximation generated from manufacturers photometric inhouse or independent lab tests with data supplied by lamp manufacturers. Page Size: 24x36 Bubble Barn Luma Agent: K Kasmiskie Drawn By: Joe Frey Scale: 1" = 20' Version 2 LS952-3906 Bubble Barn.AGI Scale: 1 inch= 20 Ft. NORTHDODD BLVDGLASGOW AVENUES 68%%D14'38" E 264.66 N 89%%D17'11" E 28.28 S 00%%D26'22" E161.65S 21%%D44'00" W116.68R=743.51L=222.62=17%%D09'20"R=300.00L=273.02=52%%D08'37" PROPOSED BUILDING 250W METAL HALIDE FIXTURE OR LED EQUIVALENT WITH DOWNCAST SHIELD MOUNTED TO POLE AT 20 FT A.F.F. LIGHT THROW INDICATES APPROX. .5 FT/CANDLES (2 THUS) TWIN 250W METAL HALIDE FIXTURE OR LED EQUIVALENT WITH DOWNCAST SHIELD MOUNTED TO POLE AT 20 FT A.F.F. LIGHT THROW INDICATES APPROX. .5 FT/CANDLES (2 THUS) 250W METAL HALIDE FIXTURE OR LED EQUIVALENT WITH DOWNCAST SHIELD MOUNTED TO BUILDING AT 12'-0" A.F.F. LIGHT THROW INDICATES APPROX. .5 FT/CANDLES (4 THUS) DR A INA G E AN D UTILI T Y E A S EM E NT DRAINAGE AND UTILITY EASEMENTDRAINAGE AND UTILITY EASEMENTTRANSMISSION LINE EASEMENTPLAN NOTES: 1. SITE LIGHTING PLAN IS SCHEMATIC AND MUST BE VERIFIED WITH A PHOTOMETRIC STUDY 2. MAX 115 FT CANDLE ANYWHERE 3. MAX 1 FT CANDLE AT PROPERTY LINE 4. 90 DEGREE CUT OFF SHIELD REQUIRED L1 1 SCHEMATIC SITE LIGHTING PLAN 0.1 0.1 0.1 0.1 0.1 0.1 0.2 0.2 0.2 0.2 0.1 0.1 0.1 0.2 0.3 0.3 0.3 0.3 0.2 0.2 0.2 0.2 0.3 0.4 0.5 0.5 0.4 0.3 0.2 0.3 0.4 0.5 0.6 0.7 0.8 0.8 0.6 0.4 0.2 0.5 0.6 0.7 0.8 1.0 1.2 1.3 1.3 1.0 0.6 0.3 0.1 0.7 0.9 1.0 1.1 1.3 1.5 1.9 2.1 1.9 1.3 0.7 0.3 0.2 0.1 0.8 1.1 1.4 1.6 1.8 2.2 2.8 3.3 3.1 2.6 1.7 0.9 0.4 0.3 0.2 1.1 1.5 1.9 2.3 2.8 3.6 4.2 4.1 3.7 2.6 1.7 1.0 0.6 0.4 0.3 0.2 0.9 1.4 1.9 2.3 2.9 3.3 3.9 4.4 4.9 4.1 2.5 1.6 1.0 0.8 0.6 0.4 0.2 1.2 1.8 2.4 2.8 2.9 3.0 3.2 4.8 6.5 4.8 2.6 1.6 1.3 1.1 0.9 0.6 0.3 0.1 1.3 1.8 2.6 3.1 3.2 2.8 2.5 2.5 3.4 4.9 4.4 2.7 2.0 1.9 1.7 1.3 0.8 0.4 0.1 2.0 3.0 4.1 4.1 3.4 2.6 2.0 1.9 2.4 3.4 3.0 2.9 2.9 3.0 2.6 1.8 1.0 0.4 0.1 0.1 3.2 4.4 4.6 4.7 3.6 2.5 1.8 1.7 2.2 2.8 3.4 4.2 4.8 4.5 3.5 2.2 1.2 0.5 0.1 0.1 2.7 3.8 4.5 5.6 7.1 4.6 2.7 1.8 1.7 2.2 3.1 4.4 5.7 6.5 6.0 3.8 2.4 1.4 0.6 0.2 0.1 0.1 2.8 3.5 4.0 6.0 6.7 5.4 3.0 1.8 1.5 2.0 3.0 4.3 6.6 9.7 9.4 5.1 2.8 1.8 1.0 0.4 0.2 0.1 2.5 3.1 3.7 4.7 5.8 4.6 3.0 1.7 1.3 1.5 2.3 3.3 6.3 10.8 10.2 5.8 3.5 2.4 1.4 0.7 0.3 0.1 2.6 3.5 4.6 5.5 5.7 4.3 2.8 1.6 1.0 1.1 1.8 2.8 4.6 7.2 7.3 5.6 4.0 2.6 1.7 1.0 0.5 0.2 0.1 1.9 2.9 4.3 5.8 6.8 6.5 4.3 2.7 1.7 1.0 1.0 1.6 2.6 4.0 5.1 5.2 4.3 3.1 2.3 1.6 1.0 0.6 0.3 0.2 1.7 2.7 4.1 6.5 9.9 9.9 5.5 3.0 2.0 1.3 1.1 1.5 2.4 3.1 3.4 3.1 2.5 2.2 1.8 1.3 0.9 0.6 0.3 0.2 0.1 1.2 2.1 3.2 6.0 10.7 10.3 6.1 3.8 2.7 1.8 1.4 1.6 2.1 2.3 2.0 1.9 2.0 2.0 1.6 1.1 0.7 0.5 0.3 0.2 0.1 0.8 1.7 2.6 4.4 7.0 7.2 5.8 4.3 3.1 2.2 1.8 1.9 2.1 1.9 1.4 1.0 2.5 2.6 1.8 1.1 0.6 0.4 0.2 0.1 0.1 0.1 0.6 1.4 2.5 3.9 5.1 5.3 4.6 3.7 3.1 2.6 2.4 2.7 2.6 1.8 1.0 0.7 3.5 4.4 2.5 1.3 0.6 0.3 0.2 0.1 0.1 0.1 0.6 1.3 2.3 3.1 3.5 3.4 3.1 3.1 3.0 3.2 4.0 4.5 3.0 1.6 0.7 7.3 6.0 3.7 1.7 0.7 0.4 0.2 0.1 0.1 0.0 0.5 1.1 1.8 2.4 2.6 2.7 3.0 3.3 3.2 3.1 4.1 5.7 6.2 4.9 2.1 0.9 0.4 0.2 0.1 0.1 0.0 0.0 0.5 1.0 1.6 2.3 3.0 3.8 4.5 3.8 2.3 1.8 6.1 4.9 2.3 1.0 0.5 0.2 0.1 0.1 0.0 0.0 0.5 0.9 1.5 2.7 3.6 3.1 5.7 1.8 1.2 3.1 2.0 1.0 0.5 0.2 0.1 0.1 0.0 0.0 0.4 0.8 1.6 2.9 4.5 1.5 3.5 4.1 2.9 1.5 1.8 1.2 0.6 0.3 0.2 0.1 0.1 0.0 0.0 0.0 0.3 0.7 1.4 2.8 5.5 6.5 2.6 2.1 2.3 2.8 2.3 1.5 1.0 0.8 0.5 0.3 0.2 0.1 0.1 0.0 0.0 0.0 0.3 0.5 1.1 2.4 5.5 6.0 1.1 2.5 4.1 3.5 2.2 1.8 1.5 1.0 0.6 0.4 0.3 0.2 0.1 0.1 0.1 0.0 0.2 0.3 0.7 1.7 3.7 5.6 6.3 0.3 1.1 2.1 2.2 1.5 1.3 1.1 0.8 0.5 0.3 0.2 0.1 0.1 0.1 0.0 0.1 0.2 0.5 1.1 2.1 3.5 2.1 0.2 0.7 1.0 0.9 0.7 0.5 0.5 0.4 0.2 0.1 0.1 0.1 0.1 0.2 0.3 0.7 1.2 1.7 1.3 0.6 0.4 0.5 0.4 0.3 0.2 0.2 0.2 0.1 0.1 0.1 0.1 0.2 0.4 0.6 0.7 0.5 0.2 0.2 0.2 0.2 0.1 0.1 0.1 0.0 0.1 0.1 0.2 0.3 0.3 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Luminaire Schedule Symbol Qty Label Arrangement Lum. Lumens LLF Description Lum. Watts Total Watts 8 WP Single 6057 0.900 XWM-FT-LED-06L-40 44.7 357.6 2 P1 Single 19324 0.900 MRM-LED-18L-SIL-FT-40-70CRI 135 270 2 P2 Back-Back 19324 0.900 MRM-LED-18L-SIL-FT-40-70CRI 135 540 Calculation Summary Label CalcType Units Avg Max Min Avg/Min Max/Min CalcPts_1 Illuminance Fc 1.94 10.8 0.0 N.A.N.A.EXHIBIT K EXHIBIT L