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HomeMy WebLinkAboutA008 - Council Action Form dated October 14, 2008 '44& ITEM # 37 DATE 10/14/08 COUNCIL ACTION FORM SUBJECT: ZONING ORDINANCE TEXT AMENDMENT TO ALLOW FIVE BAY CAR WASHES INDEPENDENT OF CONVENIENCE STORES IN CONVENIENCE COMMERCIAL NODE DISTRICTS BACKGROUND: This item was reviewed by the City Council at its September 23, 2008 meeting, at which time a complete report was provided to Council identifying the options considered during the Planning & Zoning Commission proceedings. As the City Council gave final review to those options, it was determined that a car wash in the CVCN district should be limited to no more than five (5) bays in order to be consistent with the small-scale nature of development intended for the CVCN district. The Council therefore postponed action to allow staff to revise the language in the ordinance to include this limitation. Accordingly, a revised ordinance is attached that includes the following changes: Table 29.807(2) Convenience Commercial Node (CVCN) Zone Uses USE CATEGORY STATUS APPROVAL APPROVAL REQUIRED AUTHORITY Vehicle Service Facilities N except con venue SP ZBA stares in oombinatio with gasoline sales n s but only if integrated with a convenience store) and car washes), all by S ecial Use Permit. Table 29.807(3) Convenience Commercial Node (CVCN) Zone Development Standards DEVELOPMENT STANDARDS CVCN ZONE Maximum Size of Car Wash Up to 5 washing bays depending on SUP allowance)including both automatic wash tunnels and hand wash bays The above change would allow a car wash separate from a convenience store but would retain the requirement that gasoline sales only be allowed with a convenience store. The change would also retain the requirement for a Special Use Permit. It should be noted that these changes would be applicable in any Convenience Commercial Node, not just the existing node at the intersection of Stange and Bloomington Roads. Recommendation of the Planning & Zoning Commission. At its meeting of September 17, 2008, with a vote of 5-1, the Planning and Zoning Commission recommended approval of amendments that would allow car washes independent of convenience stores. Their recommendation did not include a limit on the number of car wash bays, but City Attorney Doug Marek determined that a change limiting the number of car was bays to five (5) did not have to go back for Planning & Zoning Commission review because it was within the scope of the alternatives considered by the Commission. ALTERNATIVES: The City Council can approve any of the alternatives identified in the Council Action Form dated August 26, 2008, as follows: 1. Amend the Code to eliminate reference to car washes being "in combination with" a convenience store, thereby allowing both uses to occur independent of each other in the CVCN district, with a maximum limit to five wash bays, This option is reflected in the attached draft ordinance. 2. Maintain the existing language of the Code. This option would not allow the car wash to be permitted or operated until a convenience store is also approved and operating on an abutting site. It would allow the five-bay car wash currently proposed, and would also allow expansion of the car wash in the future. 3. Refer this item back to staff for additional information or revisions. MANAGER'S RECOMMENDED ACTION: Alternative 1 reflects the direction of the Council to staff at its September 23, 2008 meeting. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative 1 by dropping the requirement that car washes be considered "in combination with" a convenience store, and by limiting the number of car wash bays allowed in the CVCN district to no more than five. SAPLAN_SHMCouncil Boards Commissions\CC\Text Amendments\Car Washes in CVCN-5 Bay Limit-10-14-08.doc 2