Loading...
5. Seven-Forty One Crossing Center: Westin Sports, IUP to Allow Temporary Outdoor Display of Boats.CITY OF ',v CHANHASSEN ACREAGE: Approximately 5 acres –5— STAFF REPORT PROPOSAL: Interim use permit request for the temporary outdoor display of boats for sale at the 7/41 Crossings Center a a 1 LOCATION: Seven -Forty One Crossings Center - Located in the southwest quadrant of the intersection of Highways 7 and 41 APPLICANT: Sportskraft International Inc. 7 & 41 Crossings Center Limited Partnership Westin Sports 5500 Wayzata Blvd. 2401 Highway 7 Suite 150 Excelsior, MN 55331 Minneapolis, MN 55416 PRESENT ZONING: BN, Neighborhood Business District 0 Ll DENSITY: N/A ADJACENT ZONING AND LAND USE: N - City of Shorewood, Commercial S - RSF, Residential Single Family E - RSF, Residential Single Family W - RSF, Residential Single Family WATER AND SEWER: Available to the site PC DATE: 5/1/96 CC DATE: 5/20/96 CASE #: 96 -1 IUP By: Rask:v Action by City Adm Date Sub ,lined to Cornmissiot3 Date Submitted to Councd PHYSICAL CHARACTER.: The 7/41 Crossings Center is a 26,060 square foot neighborhood retail center. Access is provided from Highway 41 and Highway 7. 2000 LAND USE PLAN: Commercial MINNEWASHM HEIGHTS PARK oa °o 0 O O c ° o ®0 0 0 $ S ° o $ _ D 8 �, $ o O o O II Pf A A Vf 1�1 ry m ' /-� N N N N N G� P 1A n f N NAN R RO i O I � { I CITY Inc c In�kGr n A l LI LAC LAN( \\ 82NO STREEY II � � z / a LYMAN BLVD. (C. R. 18) O I N , 8700 — - I I , II! / / / / / /�/�� e e h o o w 8 800— 1 �. 0 1 H/L L PARK BEACH LAKE LUCY J SHORE ARK MEApON LAKE ANN GREEN f [AKE ANN PA K AR 0 BOULEVARD ° . RD ° ---,. -- $ITT' � O' CR NI � LAKE t t A K F n / M/NNEWASHTA �� W (� N F W A S H T A J REGIONAL PARK J NA RR /SON I I o JP J / ¢ A N1 00" g4 ��. DRIVE z I 8 I / STA AY 82NO STREEY II � � z / a LYMAN BLVD. (C. R. 18) O I N , 8700 — - I I , II! / / / / / /�/�� e e h o o w 8 800— 1 �. 0 1 H/L L PARK BEACH LAKE LUCY J SHORE ARK MEApON LAKE ANN GREEN f [AKE ANN PA K AR 0 BOULEVARD ° . RD ° ---,. -- $ITT' Westin Sports Interim Use Permit May 1, 1996 Page 2 PLANNING COMMISSION UPDATE On May 1, 1996, the Planning Commission held a public hearing to consider the application of Westin Sports and Marine and PBK Investment for an interim use permit for outdoor display of boats. The Planning Commission by an unanimous vote recommended denial of the interim use permit based on the findings presented in the staff report. The Commission was concerned with aesthetics and the impacts that boat sales would have on other businesses in the center. In addition, the Commission reflected on the history of the parcel and the amount of work that went into creating the zoning district and the compromises made with the neighbors in providing a neighborhood center versus a more intense strip commercial development. Several Commissioners expressed a desire to try to accommodate a limited amount of outdoor display, but were concerned with the past history of the business in following ordinances. The Commission concluded that allowing a limited amount of outdoor display would likewise be inconsistent with the neighborhood and may create additional enforcement problems. PROPOSAL /SUMMARY Sportskraft International, Inc. (Westin Sports and Marine), the applicant, and 7/41 Crossings Center, the owners, are requesting an interim use permit to allow outdoor display of boats. The applicants have identified three areas along the east property line in which boats would be displayed. A total number of boats to be on display was not provided. However, upon review of the site plan, it appears that approximately 10 -14 boats could be displayed in the designated areas. As proposed, the boats would be located in existing parking stalls. BACKGROUND Development and Rezoning History In 1968, the Generalized Guide Plan for Chanhassen designated this property as Service Commercial. In 1972, the new zoning ordinance designated this area as R -1, Single Family Residential. In 1982, when the Comprehensive Plan was adopted, the area was designated as residential low density. In 1983, an application was submitted for a land use plan amendment from residential low density to commercial. This request was denied. In 1986, a different application was submitted to rezone the eastern half of the parcel to the then retail district which was known as the C -2 District. The City Council at their June 2, 1986, meeting denied this rezoning request. Westin Sports Interim Use Permit May 1, 1996 Page 3 In 1986, the City changed the zoning ordinance to create a neighborhood business district. On July 25, 1988, the City Council approved the final plat to subdivide 7.63 acres into three commercial lots, rezoning from OI, Office Institutional to BN, Business Neighborhood, and site plan for a 26,000 square foot shopping center for HSZ Development. A total of 212 parking stalls were provided along with the retail center. City Code requires that retail establishments provide one space for each two hundred square feet of gross floor area. A total of 130 stalls would be required based on this standard. The center currently has 82 more stalls than what is required by City Code. Extra parking was provided for the future construction of a second building on this lot. The building was proposed in the location that is currently utilized by the day care as an outdoor play area. Westin Sports and Marine moved into the 7/41 Center in 1992. Staff questioned the use at this time, but determined that a marine supply /sporting goods store could be considered a "neighborhood oriented retail shop" due to its close proximity to the lakes in northern Chanhassen and Lake Minnetonka. Staff discussed this issue with the applicant at the time of building and sign permit approval. Based on a discussion with the applicant, and the name of the business (Westin Sports and Marine), staff was under the impression that the store would sell sporting goods and boating accessory items, and not boats. Staff notified the applicant both orally and in writing that outside storage or display of boats is prohibited at this location. Background on BN District The intent of the Business Neighborhood District is stated in the ordinance as, "to provide for limited low intensity neighborhood retail and service establishments to meet daily needs of residents." There are two areas currently zoned BN. The first is the property south of Highway 5 and north of Lake Drive consisting of the American Legion, Total Gas Station and adjoining shopping center, and the day care. The second area is the 7/41 Crossings Center, Super America, and the vacant lot adjacent to Super America. The "neighborhood" area that the 7/41 Center serves is northern Chanhassen; recognizing that the center provides an opportunity for passing motorists to take advantage of the retail services that it provides. The BN District permits by right uses which are neighborhood oriented: convenience stores, neighborhood oriented retail shops, self-service laundries, day care centers, personal service establishments, health services, etc. By conditional use permit, the BN District allows convenience stores with gas pumps, drive -in banks including automated kiosks, standard restaurants, and bed and breakfast establishments. In 1990, interim uses consisting of Churches and Temporary outdoor display of merchandise for sale were added to the BN district. 7 J L r iJ Westin Sports Interim Use Permit May 1, 1996 Page 4 ANALYSIS Staff recommends denial of the interim use permit because outdoor display of boats is inconsistent with the intent and other permitted uses of the BN zoning district. The City created the BN zoning district to accommodate "neighborhood" oriented retail and service establishments to meet the daily needs of nearby residents. The current operation consisting predominantly of boat sales is not a permitted, conditional, or interim use in this district. At the time the business located in the center, it was believed that the business would be selling sporting goods and boating accessory items, not boats. Expanding the business by allowing the outdoor display of boats would further violate the zoning ordinance, and may open the door for similar uses such as recreational vehicles, car, and snowmobile sales. The temporary outdoor display of merchandise for sale provision was not intended for the display of vehicles or boats. The ordinance states that the purpose and intent of allowing interim uses is: (1) To allow a use for a brief period of time until a permanent location is obtained or while the permanent location is under construction, and (2) To allow a use that is presently acceptable but that with anticipated development will not be acceptable in the future. Staff is of the opinion that the application does not meet either of these requirements. The use is a permanent use at an existing center, and is inconsistent with the uses in the BN zoning district. I FINDINGS Section 20 -383 provides general issuance standards which apply to all interim uses. The standards are as follows: "The Planning Commission shall recommend approval of an interim use permit and the Council shall issue interim use permits only if it finds that such use at the proposed location: 1. Meets the standards of a conditional use permit set forth in section 20 -232 of the City Code. Finding: See the standards listed below. 2. Conforms to the zoning regulations. Finding: Boat sales are not a permitted use in the BN zoning district. 3. The use is allowed as an interim use in the zoning district. Finding: Temporary outdoor display of merchandise for sale is allowed as an interim use in the zoning district. Westin Sports Interim Use Permit May 1, 1996 Page 5 4. The date of event that will terminate the use can be identified with certainty. Finding: A date for termination could be established with certainty. 5. The use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and Finding: The use will not impose additional costs on the public. 6. The user agrees to any conditions that the City Council deems appropriate for permission of the use. Finding: Conditions could be added in attempt to mitigate any negative impacts. When approving an interim use permit, standards applicable to conditional use permits must also be considered. The general issuance standards of Section 20232, include the following 12 items: Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. Finding: Outdoor display of boat sales should not endanger the public health, safety, and general welfare of the City, but may change the nature of the Center and neighborhood by permitting a use that is inconsistent with the district and the intent of providing neighborhood services. Parking of boats in designated parking stalls may impede traffic circulation if not properly controlled. 2. Will be consistent with the objectives of the city's comprehensive plan and this chapter. Finding: The City's comprehensive plan has this property guided Commercial which is consistent with a marine supply store and boat sales. However, boat sales are inconsistent with the zoning district in which it is proposed. 3. Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. Finding: The intended character of the Center and general vicinity is that of a neighborhood oriented retail center. Allowing outdoor display of boats would be incompatible in appearance with the existing area. 4. Will not be hazardous or disturbing to existing or planned neighboring uses. f u L L Westin Sports Interim Use Permit May 1, 1996 Page 6 Finding: Outdoor display of boats would not be disturbing to existing neighboring uses because of noise or odors, but would change the aesthetic appearance of the site. 5. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. Finding: The proposed use would be served by adequate public facilities and services. 6. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. Finding: The proposed use will not create excessive requirements for public facilities, nor will it be detrimental to the economic welfare of the community. 7. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. Finding: Outdoor boat sales would not involve activities, processes, materials, or equipment that would be detrimental to any persons or property. However, the cleaning and maintenance (changing oil) of boats in the parking lot may transmit pollutants onto neighboring properties or into the storm sewer system. 8. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. Finding: Adequate access and parking is provided. If not properly managed, the parking of boats in the lot may create traffic congestion or impede traffic movement. 9. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. Finding: The proposed use will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. 10. Will be aesthetically compatible with the area. Westin Sports Interim Use Permit May 1, 1996 Page 7 Finding: The outdoor display of boats would be aesthetically inco mpatible with the area as surrounding land uses consist of neighborhood oriented retail and residential. 11. Will not depreciate surrounding property values. Finding: The proposed use should not depreciate surrounding property values as adequate buffering and screening occurs between neighboring properties and the center. 12. Will meet standards prescribed for certain uses as provided in this article. Finding: Section 20291 provides operational standards for truck:, automobile and boat sales. These standards are as follows: 1, No vehicles which are unlicensed and inoperative shall be stored on the premises. 2. All repair, assembly, disassembly or maintenance of vehicles shall occur within a closed building except minor maintenance, including, but not limited to, tire inflation, and wiper replacement. 3. No outside storage or display is allowed, except vehicles for sale or rent. 4. No public address system shall be audible from any residential property. 5� No test driving of vehicles on local residential streets is allowed. 6. A landscaped buffer on hundred (100) feet from any residential zoning district T All vehicle dealers shall be licensed by the state. RECOMMENDATION Staff recommends that the Council adopt the following motion: "The City Council denies interim use permit #96 -1 based on the findings presented in the staff. More specifically, the Council finds the following: 1. Outdoor display of boats for sale is not a permitted use in the BN district. 2. A boat dealership is inconsistent with the intent of the BN zoning district. i t i Westin Sports Interim Use Permit May 1, 1996 Page 8 3. Boat sales are not an appropriate interim use at this location based on the purpose and intent of interim uses as stated in the zoning ordinance. 4. Outdoor display of boats for sale is inconsistent with other uses in the BN zoning district. 5. The proposed use is aesthetically incompatible with adjoining land uses consisting of the neighborhood oriented retail center and residential developments." ATTACHMENTS 1. Planning Commission minutes dated May 1, 1996 2. Letter from 7 & 41 Crossings Center Limited Partnership 3. Application dated March 29, 1996 4. Site Plan showing proposed location of boats 5. Interior layout of store as approved in September of 1992 6. Public hearing notice and property owners list g: \planJr \westin.cc CHANHASSEN PLANNING COMMISSION REGULAR MEETING MAY 1, 1996 Chairwoman Mancino called the meeting to order at 7 :00 p.m. MEMBERS PRESENT: Ladd Conrad, Kevin Joyce, Nancy Mancino, Bob Skubic, Jeff Farmakes, and Don Mehl MEMBERS ABSENT: Craig Peterson STAFF PRESENT: Kate Aanenson, Planning Director; John Rask, Planner I; Dave Hempel, Assistant City Engineer; and Sharmin Al -Jaff, Planner II PUBLIC HEARING: AN INTERIM USE PE RMIT TO ALLOW THE TEMPORARY DISPLAY OF BOATS LOCATED ON PROPERTY ZONED BN, NEIGHBORHOOD BUSINESS DISTRICT AND LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF HWY. 7 AND 41, SEVEN -FORTY ONE CROSSING CENTER. PBK INVESTMENTS, IN John Rask presented the staff deport on this item. Mancino: Thank you John. Any questions for staff at this time? From anyone. Joyce: Yeah I have a question. They're requesting an interim use permit but I look on the application, it says conditional use. Rask: Yeah. That I believe, in the district interim uses, outdoor display is an interim use in that district. Boat sales are not a conditional use or interim use or permitted use. I don't believe, I think that was just an oversight on the applicant's part. Joyce: I guess the way I'm reading interim use is the temporary type of thing. Rask: Correct. Joyce: Conditional, I've got the zoning things out of city code, would be like; an annual type of situation where they apply? Aanenson: They don't have to re- apply. Generally it runs with the land but they normally are inspected to make sure they're complying with conditions. Joyce: So would this case be subject to that? Rask: Yes it would. 1 C I i Planning Commission Meeting - May 1, 1996 Joyce: I mean if it'was approved, they would have to apply annually? v annually. With h interim Rask: They wouldn't ha a to apply an ual y . W t the to use permit you can set a date ' for termination of that use. It could be a particular event or it could just be a date at some time in the future. But as part of the whole process we do review it annually to make sure, to determine compliance with the conditions. ' Aanenson: Yeah, and failure to comply with conditions may be cause for revocation. ' Joyce: That leads to my second question. What's the enforcement mechanism on something like this? ' Rask: It'd be a periodic review to insure that the conditions are being met. Joyce: And if they're not, they're fined or something like that? 1 Rask: That's an option. Generally the approach we take is a notice of violation until it becomes an ongoing problem and then we'll either, citations are a possibility or court action ' to gain compliance. Joyce: Thank you. ' Mancino: John, excuse me. Go ahead. 1 Farmakes: Are there boats there now? Rask: Yes, that's correct. We have, we did receive some complaints approximately a year ' ago from tenants in the building. We did send notices over the last year. We did get compliance on a couple of occasions. Back in about February of this year, the boats ' reappeared. We sent them notice again stating that they had an option to apply for an interim use permit. If we didn't receive that, we'd begin legal action to abate the problem. ' Mancino: And what was the nature of the complaints from the other tenants? Rask: It primarily had to do with the parking of boats in prime parking stalls. There were a 1 couple in handicapped parking stalls from time to time. I think that problem was taken care of. The boats parked to the rear of the building were providing an obstruction to delivery trucks to get around. We have had the fire marshal up there to investigate on several ' occasions. I don't think he ever found them to be a problem in their location but it did prevent delivery trucks from going around. 2 F , Planning Commission Meeting - May 1, 1996 Mancino: Are there two accesses to the back of the building at this point? One at the east end and one at the west end? Rask: Correct. Mancino: And were there boats also out last summer there? Rask: Correct. Mancino: So this has been going on, the outdoor usage has been going on for approximately Rask: A little over a year. Mancino: A little over a year. And are we not John looking at two issues here. One is the request for an interim use permit for outdoor display, but secondly is really that it is not a permitted use to be selling boats in the area even indoors, correct? Rask: Correct. The only district that boat sales are allowed are the BF and the BG districts. Boat sales are not allowed in the neighborhood business district. At the time the business located we were under the impression that it would be selling life jackets, fishing tackle, sporting good types of items so we did consider this to be a neighborhood oriented retail establishment. It was kind of a stretch at the time but it did seem to meet that definition. We were aware there would be some boats in the building. As I mentioned in the report, we do not require business licenses so we don't know exactly what they're going to be selling. A lot of times we don't interact with the occupant of the building until they request a sign permit or if they're going to do any remodeling to the building. In this case they did both and on the building permit we had indicated that outdoor storage or display would not be permitted. Mancino: And so tonight you're asking the commission just to make a recommendation for the interim permit for outdoor display? Not for whether it should be a permitted use in the business neighborhood district? Rask: Correct. Farmakes: I know that the boats that are outdoors, or one of them anyway, is way too large to be indoors in that building. If I recall, when the business first started out it was an accessory business with small, very small type boats, runabouts or less. Has the nature of the business changed? 3 J n L, I �J I � Planning Commission Meeting - May 1, 1996 Rask: It appears to. Farmakes: Within the last year that has occurred? Rask: Yes. It seems that they've gone more to boat sales and away from the small accessory items or the sporting good type items. I think as you'll hear from the applicant in a minute here, is that they do believe that their clientele is in the neighborhood there. A lot of their sales in that area and it is their belief that they are serving a neighborhood function in that respect. And what the staff has said in the report is that, we feel that no. That is not a neighborhood oriented service. I don't think people, it's not something you just stopped in after work and buy. The district is intended to meet the daily needs of residents, whether it's a convenience store, the daycare. Things like that that are currently in the building. Mancino: Okay, thank you. And I'll listen to the applicant now. Any other questions? Thank you. Would the applicant wish to address the Planning Commission? Diane Mitchell: Do you want me at the podium? Mancino: Please. State your name and address please. Diane Mitchell: Do you want my home address or the address of our business? Mancino: Both please. Diane Mitchell: Okay. My name is Diane Mitchell and I represent the Seven -Forty One Crossing Center and PKB Investments. The business is located at 5500 Wayzata Boulevard in Minneapolis. My address is 12304 Taupe Avenue North in Plymouth. We are requesting a special temporary use permit for our tenant, Westin Marine, to display boats in designated areas of the parking lot. There had been some concerns in the past about boats that were displayed because of I think the location of the boats. I don't believe that there are any tenants in the center that at this time are objecting to how they have conformed with where they are placing the boats. The tenant was selling boats initially from the time that he became a tenant and submitted a plan to the city, which clearly showed that he would have boats stored and be selling boats in that location. He installed two overhead garage doors which had not been in the building prior to his entering so it was very clear that he would be selling boats. There was not an objection and that has not been an objection. What they have found is that in trying to run their business at that location, they do not have, there isn't a real good visibility from either of the highways. It isn't clear what the nature of the business is and to be able to display a boat, two boats, whatever the number of boats, they feel is actually necessary in order for them to remain in business. They are in a position right 4 1 Planning Commission Meeting m May 1, 1996 now where they have determined that if they cannot in some way have some kind of outdoor display, they really cannot function in that location any longer. This is obviously a concern to us. We presently have 2,000 square feet unoccupied in that center. They occupy 3,930 square feet. We're then up to almost 6,000 square feet unoccupied or 23% of that building. I think you probably know that that does affect the assessed value of the building. It becomes a hardship and ultimately it could affect the tax base and that type of thing. You know we've been working very hard to try to keep the standards up with that building and maintain and make improvements. We want to continue to do that. Rental revenues obviously are a factor of being able to... What we're hoping is that rather than allowing us either to have boats or not have boats outside, we've tried to determine the area in the parking lot that we feel are not used by the other tenants. Are at the end of the building that Westin Marine occupies. Are away from regular traffic patterns to not cause any obstruction or any problems to any of our customers. Or any of the other tenants or anyone that would be using the facility. There wasn't a specific request for the number of boats. I realize that the area we designated could hold a large number of boats. What we're hoping is to receive recommendation as to what the city would feel is appropriate. If it's one boat or it's two boats or it's one boat in one location and one in another, you know we're looking for working something out to try to help a business maintain and yet keep the surroundings, keep everything looking good. We want the center to look good too. You know we want to keep it full. We want to bring in business. So therefore a specific amount was not requested. This is something that we feel we would take part in also policing. Make sure that the tenant does comply. If there should be a specific, you know something established as to just where a boat could be. What the size of the boat could be. You know whatever the requirements might be. The area that we've determined is also on the Highway 41 side. The center is set down in so it does almost create somewhat of a natural berm on that side. I tried to drive around to different areas surrounding the building and see if it is offensive or what can be seen from the other neighborhoods. From the spots that I've gone to, I can't see the boats. So you know we feel that we're trying to do it in a way to maintain the best possible situation for Everyone because you know, I fear for the outcome if we aren't able to come to some kind of a. solution to help our tenant. And I think that's all I have. If you have any questions. Mancino; I just have a couple. When this came about, when there was a need for display of the boats, why didn't anyone from your company come to the city at the time and ask for an interim use permit at that time? Why has it taken a year for this to come about and for us to act on it? Diane Mitchell; Well you know, if I understand the question correctly, I'm not sure that, you know until we received the letter saying that there was a complaint about the fact that they had a boat there, I'm not sure that we were aware that it was a problem and when we did realize that there was a complaint and that this was potentially a problem, that is when we 5 1 I 1 1 ' Planning ommission Meeting - May 1 1996 g g Y started working with the city to see what we could do. And that was when we found that ' there are some of the temporary use permits that are available that we may be able to fall within those guidelines. And also hoping that you know if we could establish something, that maybe we could set it up for a short term. See how it works for everyone and obviously then it would be up for review at whatever the designated time period is. So that we're not asking for this to be changed or to make any official changes as to that area. ' Mancino: And what if other tenants have a visibility problem? How do you see us working with those other tenants? I noticed that there are some, you have some vacant areas and as ' you get new tenants in, how are they going to become more visible and have a presence on TH 41 and TH 7? ' Diane Mitchell: Well actually, you know I ... personally I did not think that it blocked the visibility for the other tenants. And we don't want to just keep one tenant happy. We want to keep all of our tenants happy and we work closely with our tenants and if that should happen, then I think we would have to adjust whether or not the boats could be there. If it started to affect another tenant ... then we're not achieving what we want either. I Joyce: I have one question. This time frame that we're talking about I assume would be seasonal so the boats come in. Are you suggesting you something here or you don't know? Diane Mitchell: We're not. We're not suggesting. I mean we're looking for, you know give them a chance. ' Joyce: Well you wouldn't have boats out there in December, right? Or would you? Or January. ' Diane Mitchell: They could have one boat out there just so people could see that they are, you know that they do have boats inside. That they are open. That it is still there. ' Joyce: Do you think that they're concerned about the season? I mean they'd like to be, I was over there today and they have like 8 boats out there. I assume because it's a busy season for them obviously. I guess I'm asking, could we possibly restrict how many boats are out there per like a certain season they can have X amount and maybe off season. Mancino: Certainly. Certainly, we can be that specific. Diane Mitchell: I'd appreciate that. I Joyce: Okay, thank you. 0 LJ Planning Commission Meeting - May 1, 1996 Mancino: Thank you very much. Can I have a motion to open for a public hearing please? Faimakes moved, Joyce seconded to open the public hearing. The public hewing was opened. Mancino: This is open for a public hearing. Anyone wishing to address the Planning Commission at this time, please come up and state your name and address. You're all not here for this, okay, Seeing none, may I have a motion to close the public hearing. Farmakes moved, Mehl seconded to close the public hewing. The public heaving was closed. Mancino: The public hearing is closed. Comments from commissioners on the interim use permit for temporary display. Don. Mehl: I went out to the location on Friday, late morning, and I counted the boats out there. There were 14. It appeared to be, I think there were 3 pontoon boats. There were 3 or 4 power boats that were quite large and the balance of them were smaller type boats. There were I think 4 of them parked behind the building. There was one parked at the end of the building in the drive area. They were parked in the short space right immediately in front of the building, as well as the long space going north and south. And some of the large power boats and the pontoons of course are long so they had to park them either parallel with the curb, which was not, you know the parking spaces were going head on in parking but boats had to be parked along the curb or angled in so they took more than one parking space. As many as maybe 3 for the pontoons. I drove through there and I tried to look at the whole center and to me that many boats in that area was just not aesthetically right :For the whole area. It just didn't fit with the other shops and restaurants and the other types of businesses in there. I think there could congestion problems perhaps in the drive through area. I know there's no parking spaces on the end of the building but yet there was a boat there. So I could see that as maybe being a problem. It's not permitted now, for storage or sales. It seems like the applicant maybe I didn't understand but it almost sounded like a contradiction. Wanted to make the produce more visible, you know by having them out there but yet the applicant stressed they were tucked down and you really couldn't see them. I didn't quite follow that. I guess I would be inclined to deny it unless we could say limit the number of boats to say a maximum of three and place them either directly behind or directly in front and not along that long north /south parking area. Mancino: We certainly have the ability to limit the number and specify timing. You know what months out of the year. And also where the locations will be. The designated location, Mehl: Yeah, I would be supportive of that. 7 I n, Ell, 1 L] f Planning Commission Meeting - May 1, 1996 Mancino: Jeff. Farmakes: This community's had regulated use for some businesses for a long time. I recall the development that, when it was being built or up for planning. There was a large neighborhood contingent of homes that came in in regards to a shopping center going there. They were quite vocal in their opposition to that and I think one of the important things that was worked out on that issue was that it was neighborhood service. And I don't think by any stretch of the imagination could boats that I saw stored out there be ... neighborhood service. And they also, the fact that perhaps that business should not be in that location. It's not that the business shouldn't be in Chanhassen. It's just that maybe that's not the place for that business. We deal with this all the time. We have car dealers that want to come in. Store their equipment. We have other types of businesses. U -Haul I can think of for instance that would like to park their units up front by the highway so that they have visible presence. We have boat storage that ... like to have their boats storage out so people know that they store boats there. We have areas where permitted uses for businesses are in our community. They've been planned. And we have other areas where other uses are not allowed and it seems to me in this particular area that it hasn't been allowed at any point, but there are boats there. As I understand it, one of the applicants tenant's made the complaint so we have an issue of not even the neighbors coming in and complaining but ... tenant in the operation. Your point in the argument that was made by the applicant is that the boats aren't really objectionable because you can't see them but the reason the tenant wants them out there is because they need the visibility to stay in business. It doesn't hold up. I can see where, if I was selling boats, I would like to have a 40 foot long sign out there of a boat. It's not a sign but a boat sitting out in the middle in the parking lot certainly would suffice as that. I think we open up a big can of worms as we allow that type of use in that location for other types of businesses to display their wares. And be consistent is usually the best policy when we follow these kinds of things and I would move for denial based on the staff report. Mancino: Okay, thank you. Bob. Skubic: Well I certainly hate, well I'm sure the applicant knows their business and they feel like they need to display their boats and see all the boats in order to be competitive, and I certainly respect that. And I hate, it'd be unfortunate if they had to leave the city and move elsewhere in order to conduct their business. We certainly would like to have the businesses and what they contribute to the city. However, I like to think of alternatives and ways we can make this work and I think you talked about seasonal displays, limiting the number of boats and the location but there's an additional burden to that. You have to police it and enforce it and keep track of what's going on there and there's always a tendency to put more boats in, or to deviate from that. And the city goes through a lot of effort to zone these 8 Planning Commission Meeting - May 1, 1996 areas. As Jeff pointed out, the residents are frequently input their feelings on this. I'd be reluctant to approve an interim use for this site. Mancino: Kevin. Joyce: I basically agree with the other commissioners. I agree with Don. I feel that there's some overkill out there with those boats and I'm real uncomfortable with all those boats being out there and suddenly this is an issue a year after the fact. I appreciate the business and economic issues to the applicant. I mean this is part of their business and they need to lease that space but I'd have to say that I couldn't support it either unless there was some way of working out a very, very specific methodology there of 1 or 2 boats and a certain time frame but you know they've shown them now in the past that they just put boats oust there regardless of any sort of enforcement so I guess I'd have to say I'd deny it at this point. Mancino: Okay, Ladd. Conrad: Yeah, I think staffs report is right on the money. Nothing new to add. When we put in highway business, we worked real closely over many years with the neighborhood. It was real clear what we intended to do and it was not to put in a boat dealership there. It obviously doesn't work. It just doesn't work there. Mancino: My comments are not any different than those that were just previously said. It is a neighborhood business district. The intent is in keeping it to serve the neighborhood, and I do go over and frequent the shopping center quite a bit and it just doesn't seem, I agree, to belong in a neighborhood district. So may I have a motion please. Conrad: Can I just make one comment? ...a neighborhood business is not really a boat sales. It's clearly not intended to sell boats. It's not. Yet there are some ways to make a center site, even on a neighborhood level and a boat event on a weekend could do that so I'll end my discussion with that, Mancino: Thank you. May I have a motion please. Farmakes: I'll make a motion that the Planning Commission recommend denial of the interim use permit based on the findings presented in the staff report dated April 17, 1996, 1 through 5. Mancino: A second please. Joyce: I'll second that. 9 1 1 7 L7J 1 I 1 Planning Commission Meeting - May 1, 1996 Mancino: All those in favor, oh. Any discussion? Fanmakes moved, Joyce seconded that the Planning Commission recommends denial of Interim Use Permit 996 -1 based on the following findings: 1. Outdoor display of boats for sale is not a permitted use in the BN District. 2. A boat dealership is inconsistent with the intent of the BN zoning district. 3. Boat sales are not an appropriate interim use at this location based on the purpose and intent of interim uses as stated in the zoning ordinance. 4. Outdoor display of boats for sale is inconsistent with other uses in the BN zoning district. 5. The proposed use is aesthetically incompatible with adjoining land uses consisting of the neighborhood oriented retail center and residential developments. All voted in favor and the motion carried. PUBLIC HEARING: PRELIMINARY PLAT OF LOT 5, BLOCK 1, MAPLEWOOD INTO TWO SINGLE FAMILY LOTS ON PROPERTY ZONED RSF, AND LOCATED AT 3531 MAPLEWOOD CIRCLE, ARUNDEL ADDITION. Public Present: Name Address Robert Crippa Pam & Chuck Rienstra Bill & Danielle Modell Paul Modell Bob Hebeisen Leo & Carole Breitman Gerry Wenkus Gary Peterson Bob Swearengin 3503 Maplewood Circle 3511 Maplewood Circle 3521 Maplewood Circle 3441 Shore Drive 3607 Ironwood Road 8549 Ironwood Road 3531 Maplewood Circle 315 East Lake Street, Wayzata 3530 Maplewood Circle 10 To: City of Chanhassen Re: Conditional Use Permit e Westin Sports , 7 & 41 Crossings Center, Chanhassen As owners and property managers for the 7 & 41 Crossings Center, we are in support of the application for outdoor recreational vehicle display. Our tenant, Westin Sports, , currently occupies 3,930 square feet of the Center and is located at the far east end. The tenant feels, and we agree, that in order to remain in business it is important. for their product to be visible to create and maintain customer awareness. The center sits down low in relation to Highway 41 and is not highly visible. The parking area at this Center is more than adequate and we feel the areas suggested on the site map would riot affect the other tenants or their customers. In addition we do not believe that this outdoor display ' would in any way take away from the appearance of the Center or affect the residential neighbors. We have submitted photos of the Center, and the proposed areas in the , parking lot for your review and consideration. Although we have suggested areas for consideration, these are not of the utmost importance. We feel that if a specific area could be designated and the amount of display be determined, we would work with the tenant in abiding to the recommendations of your committee. Thank you. 7 & 41 Crossings Center Limited Partnership F� J !7 i a CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937 -1900 DEVELOPMENT REVIEW APPLICATION APPLICANT: aCA5k_c J �'1 l�L ��k� or . OWNER: ADDRESS: �� O \ N ���,_lo� `7 ADDRESS: I j TELEPHONE (Daytime) W 1 ` k �'�, TELEPHONE: 1 Comprehensive Plan Amendment Temporary Sales Permit X Conditional Use Permit Vacation of ROW /Easements Interim Use Permit _ Variance Non - conforming Use Permit _ Wetland Alteration Permit Planned Unit Development* _ Zoning Appeal Rezoning _ Zoning Ordinance Amendment Sign Permits Sign Plan Review Notification Sign Site Plan Review* X Escrow for Filing Fees /Attorney Cost ** ($50 CUP /SPR/VACNAR/WAP /Metes and Bounds, $400 Minor SUB) Subdivision* TOTAL FEE $ A list of all property owners within 500 feet of the boundaries of the property must be included with the application. Building material samples must be submitted with site plan reviews. *Twenty -six full size folde '/Z d copies of the plans must be submitted, including an 8' X 11" reduced copy of transparency for each plan sheet. ** Escrow will be required for other applications through the development contract NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME LOCATION LEGAL DESCRIPTION �a c vLt Q TOTAL ACREAGE o c C e S WETLANDS PRESENT n 1 YES 1 NO PRESENTZONING REQUESTED ZONING PRESENT LAND USE DESIGNATION REQUESTED LAND USE DESIGNATION �ceQ REASON FOR THIS REQUEST At CQMU�R This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with , all City requirements with regard to this request. This application should be processed in my narne and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. The city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day extension for development review. Development review shall be completed within 120 days unless additional review extensions are approved by the applicant. Signature Sig of Fee Owner 3 2� k t, Date n R Date Application Received on 9d Fee Pa y6o Receipt No. Ez- The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant's address. TATS HIGHWAY K NO. h il c t z- { 1 ' h , _ 1 h I + 2 1 ^ 1 I I Q t s I V' 1 ` - � �J 00 Al fl ST "M J •% ? 1 �, «• , 258.21 •�`•.. S8�aX3�E o 702.39 -- --- - -- -- - -- -- -- V a.u. -- - ----ter ! �- + ` 01 � � b 2 � _ I � � ter •� js i {✓ 1 b 1 ' i0 + .D Q n s • r .,, �� j 1 ° a - y >„> 2293 KST IDS 1 C " N l� r u y r► r a�� " � b � ' I • J 1 ��• 6t 3E SP"M +•I.22 0, 1 • I 44 M $41 " y so f g No o u Y sibic SYd prR M I ot" z 4C.D t f�l i \�� w a CITY OF CHANHASSEN SEP 0 °11992 01.1110416 DEPARTMENT I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 o �,c��,�S.i`url f'L(�Iilr'E'(,�� c,•V5!(�{'. = 59�3�, hri rl NOTICE OF PUBLIC HEARING PLANNING COMMISSION MEETING Wednesday, APRIL 17, 1996 at 7:00 p.m. t City Hall Council Chambers 690 Coulter Drive Project: Interim Use Permit Developer: PDK Investments, Inc. Location: Hwy. 7 and 41 - 7/41 Crossing Center Field Park Notice: You are invited to attend a public hearing about a development proposed in your area. The applicant, PDK Investments, Inc., is requesting an interim use permit to allow the temporary outdoor display of boats located on property zoned BN, Neighborhood Business District and located at the southwest corner of the intersection of Hwy. 7 and 41, Seven -Forty One Crossing Center. What Hap at the Meeting: The p urpose of this public heari is to inform you about the PP g P� p g Y ' developer's request and to obtain input from the neighborhood about this project. During the meeting, the Commission Chair will lead the public hearing through the following steps: 1. Staff will give an over view of the proposed project. 2. The Developer will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses project. The Commission will then make a recommendation to the City Council. Q uestions or Comments If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact John at 937 -1900, ext. 117. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. ' Notice of this public hearing has been published in the Chanhassen Villager on April 4, 1996. IE Seven Forty One Partnership c/o R. Soskin 5591 Bristol Lane Minnetonka, MN 55343 -4307 James & Jody Majeres 6450 Oriole Ave. Excelsior, MN 55331 William & Delores Ziegler 6441 Oriole Ave. Excelsior, MN 55331 Elsbeth D. Reutiman 5915 Galpin Lake Road Excelsior, MN 55331 Richard & K. Schmidt 5136 Willow Lane Minnetonka, MN 55331 Gary & Pennie Reed 2471 64th Street W. Excelsior, MN 55331 Sheldon Rubenstein LTD Suite 620 5500 Wayzata Blvd. Minneapolis, MN 55416 Agnes Anderson 6470 Oriole Ave. Excelsior, MN 55331 Joseph & Marcia Massee 6381 Hazeltine Blvd. Excelsior, MN 55331 Mike & Diana Dudycha 6451 Oriole Ave. Excelsior, MN 55331 William Swearengen P. O. Box 756 Excelsior, MN 55331 Mark & Danielle Steele 2451 64th Street W. Excelsior, MN 55331 Rick G. Bateson 6440 Oriole Ave. Excelsior, MN 55331 Dale J. & Kelly L. Hance 6480 Oriole Ave. Excelsior, MN 55331 George & Beulah Baer 6300 Chaska Road Excelsior, MN 55331 Richard & Paulette Oftdahl 6461 Oriole Lane Excelsior, MN 55331 Gary & Janet Reed 2461 64th Street W. Excelsior, MN 55331 Shawn &, Joanne Killian 2449 64th Street W. Excelsior, MN 55331 n I Thomas & Rebecca Dorr 2447 64th Street W. Excelsior, MN 55331 Gregory & Michelle Curtis 2446 64th Street W. Excelsior, MN 55331 Benjamin & H. Gowen 6440 Hazeltine Blvd. Excelsior, MN 55331 Howard & Michelle Nelson 2445 64th Street W. Excelsior, MN 55331 ROR, Inc. 2461 64th Street W. Excelsior, MN 55331 D. C. Wakefield et al, Trustees Scott J. Wakefield 24000 State Hwy. No. 7 Shorewood, MN 55331 Fred Britzius & Susan Stewart 2444 64th Street W. Excelsior, MN 55331 Mark & iLorena Flannery 2350 Melody Hill Road Excelsior, MN 55331 Elsbeth Reutiman Richard Carlson 6140 Lake Linden Dr. Shorewood, MN 55331 1 1 t -i'y of Shorewood 755 Country Club Rd.` Shorewood, MN 55331 -8927 1 1 1 1 1 1 I 23780 Partnership 23780 State Hwy. 7 Shorewood, MN 55331 Ryan Construction 23680 Hwy. 7 Shorewood, MN 55331 Gretta J. Reese et al Frank Reese 6200 Chaska Road Shorewood, MN 55331 Westin Sports & Marine 2401 Hwy. 7 Excelsior, MN 55331 Grooming Tammarie 2449 Hwy. 7 Excelsior, MN 55331 Video Update 2473 Hwy. 7 Excelsior, MN 55331 Wirtz Insurance Agency 2511 Hwy. 7 Excelsior, MN 55331 Everett J. Driskill 6105 Lake Linden Drive Shorewood, MN 55331 a Career Cleaners 2425 Hwy. 7 Excelsior, MN 55331 Villager Flower Shop 2455 Hwy. 7 Excelsior, MN 55331 Subway Sandwiches 2485 Hwy. 7 Excelsior, MN 55331 f 1 1 1 1 Frank Janake 2661 Orchard Lane Excelsior, MN 55331 Happy Garden Restaurant 2443 Hwy. 7 Excelsior, MN 55331 Fontainebleau Salon 2461 Hwy. 7 Excelsior, MN 55331 Fathertirne Childcare 2497 Hwy. 7 Excelsior, MN 55331 f 1 1 1 1 !J NOTICE OF PUBLIC HEARING PLANNING COMMISSION MEETING Wednesday, MAY 1, 1996 at 7:00 p.m. City Hall Council Chambers 690 Coulter Drive Project: Interim Use Permit Developer: Westin Sports PBK Investments, Inc. Location: Hwy. 7 and 41 - 1 7/41 Crossing Center LO o n ' Notice: You are invited to attend a public hearing about a development proposed in your area. The applicant, Westin Sports/PBK Investments, Inc., is requesting an interim use permit to allow the temporary outdoor display of boats located on property zoned BN, Neighborhood Business District and located at the southwest corner of the intersection of Hwy. 7 and 41, Seven - Forty One Crossing Center. What Happens at the Meeting: The purpose of this public hearing is to inform you about the developer's request and to obtain input from the neighborhood about this project. During the meeting, the Commission Chair will lead the public hearing through the following steps: I . Staff will give an over view of the proposed project. 2. The Developer will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses project. The Commission will then make a recommendation to the City Council. Questions or Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact John at 937 -1900, ext. 117. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. I Notice of this public hearing has been published in the Chanhassen Villager on April 25, 1996. Seven Forty One Partnership c/o R. Soskin 5591 Bristol Lane Minnetonka, MN 55343 -4307 James & Jody Majeres 6450 Oriole Ave. Excelsior, MN 55331 William & Delores Ziegler 6441 Oriole Ave. Excelsior, MN 55331 Elsbeth D. Reutiman 5915 Galpin Lake Road Excelsior, MN 55331 Richard & K. Schmidt 5136 Willow Lane Minnetonka, MN 55331 Gary & Pennie Reed 2471 64th Street W. Excelsior, MN 55331 Thomas & Rebecca Dorr 2447 64th Street W. Excelsior, MN 55331 Gregory & Michelle Curtis 2446 64th Street W. Excelsior, MN 55331 Benjamin & H. Gowen 6440 Hazeltine Blvd. Excelsior, MN 55331 City of Shorewood 5755 Country Club Rd. Shorewood, MN 55331 -8927 Sheldon Rubenstein LTD Suite 620 5500 Wayzata Blvd. Minneapolis, MN 55416 Agnes Anderson 6470 Oriole Ave. Excelsior, MN 55331 Joseph & Marcia Massee 6381 Hazeltine Blvd. Excelsior, MN 55331 Mike & Diana Dudycha 6451 Oriole Ave. Excelsior, MN 55331 William Swearengen P. O. Box 756 Excelsior, MN 55331 Mark & Danielle Steele 2451 64th Street W. Excelsior, MN 55331 Howard & Michelle Nelson 2445 64th Street W. Excelsior, MN 55331 ROR, Inc. 2461 64th Street W. Excelsior, MN 55331 D. C. Wakefield et al, Trustees Scott J. Wakefield 24000 State Hwy. No. 7 Shorewood, MN 55331 23780 Partnership 23780 State Hwy. 7 Shorewood, MN 55331 Rick G. Bateson 6440 Oriole Ave. Excelsior, MN 55331 Dale J. & Kelly L. Hance 6480 Oriole Ave. Excelsior, MN 55331 George & Beulah Baer 6300 Chaska Road Excelsior, MN 55331 Richard & Paulette Oftdahl 6461 Oriole Lane Excelsior, MN 55331 Gary & Janet Reed 2461 64th Street W. Excelsior, MN 55331 Shawn &. Joanne Killian 2449 64th Street W. Excelsior, MN 55331 Fred Britzius & Susan Stewart 2444 64th Street W. Excelsior, MN 55331 Mark & Lorena Flannery 2350 Melody Hill Road Excelsior, MN 55331 Elsbeth Reutiman Richard Carlson 6140 Lake Linden Dr. Shorewood, MN 55331 American Nat'l Bank & Trust/ 23680 Hwy. 7 Shorewood, MN 55331 1 Reese et al Pass By Liquors Frank Janake t J. r=Reese 2413 Hwy. 7 2661 Orchard Lane 6200 Chaska Road Excelsior, MN 55331 Excelsior, MN 55331 1 xcelsior, MN 55331 Westin Sports & Marine Career Cleaners Happy Garden Restaurant 1 401 Hwy. 7 2425 Hwy. 7 2443 Hwy. 7 xcelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 ' Fontainebleau Salon 2461 Hwy. 7 Excelsior, MN 55331 l ideo Update Subway Sandwiches Fathertime Childcare 2473 Hwy. 7 2485 Hwy. 7 2497 Hwy. 7 1 xcelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 t 5 irtz Insurance Agency 11 Hwy. 7 Excelsior, MN 55331 1