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6. Zoning ord concerning uses in the BH, Highhway and Business Dist. i 6 , i. C ITYOF .,vi 1 CHANHASSEN 1 ,,,, 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 Action by City Administrator Endorsed ✓'T?LtJlq MEMORANDUM Modified Rejected TO: Planning. Commission DatP 7 —1-47'2.-- I Date Submitted to Commission FROM: Sharmin Al -Jaff, Planner I �t Submitted to Codicil 1 DATE: June 25, 1992 —7-, / 3 -q2.--- SUBJ: Zoning Ordinance Amendment - Section 20 -712, Concerning Allowed Uses in 1 the BH, Highway and Business District I The Zoning Ordinance allows automobile serviq$ g within enclosed structures designed for the purpose where fuel is not dispensed as a p , `tted use in the BH District. The zoning ordinance also permits auto service centers asAf coiditional use in the BH District. An auto service center is defined as an integrated groti of u ; ��mmercial establishments or single I establishment planned, developed, and managed as 1 ,mit with off - street parking provided on- site and providing uses engaged primarily iii the supplying of goods and services generally I required in the operation and maintenance.of motor viili These may include sale and servicing of tires, batteries, automotive essories, repcement items, washing and lubricating services, and the performance of minor motor maintenance and repair. This does I not include major body repair where-it is necessary to provide long term storage of cars and body parts. 1Y : We find these sections to be c and this could lead to a loss of control over this type of development. Staff.does not object to having auto service:.uses in the BH District. However, I believe we would - nornuilly :want to .e*ereise- he .additional control that would be 1 afforded as a conditional use .rather than a permitted, uses _ erefore,, we are recommending that auto service centers as a permitted use be eliminated. PLANNING. COMMISSION ACTION . - -T... w u y __. The Planning Commission unanimously recomm ended approval of the ordinance amendment I as recommended with little discussion. 1 „ ,,, 1 ATTACHMENT 1. Zoning ordinance amendment. I 2. Planning Commission minutes dated July 1, 1992._ 1 �s, PRINTED ON RECYCLED PAPER RECEIVED JUN 1 1992 1 CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. ,:Tv Attorneti, at Law ' Thom 1, 1 l.,un1 11 R (612) 452-5000 h ,, rr \ f nut.. n Fax (612) 452 -5 \ 1 , „u (iar\ (, Fu.h- 1.1i R \\ F11 „rt B. } ner*h June 16, 1992 N1tch,iel A Blob .rcl. Rcnae 1) Steiner ' Ms. Sharmin Al -Jaff Chanhassen City Hall 690 Coulter Drive, Box 147 Chanhassen, Minnesota 55317 RE: BH District Allowed Uses Dear Sharmin: Enclosed please find ordinance which amends Chapter 20 of the Chanhassen City Code by deleting subparagraph (20) under Section 20 -712 concerning allowed uses in the BH District. V- • ours, CAMPBELL, 1 SON, SCOTT & FUCHS, •.A. BY: I Roger Knutson Enclosure 1 1 1 ' Suite 317 • Ea_a ndaie Office Center • 1380 Corporate Center Curve • Eagan, MN 55121 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 1 AN ORDINANCE AMENDING CHAPTER 20 OP THE CHANHASSEN CITY CODE CONCERNING ALLOWED USES IN THE BH DISTRICT 1 THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: 1 Section 1. Section 20 -712 of the Chanhassen City Code is amended by deleting subparagraph (20). 1 Section 2. This ordinance shall be effective immediately 1 upon its passage and publication. PASSED AND ADOPTED by the Chanhassen City Council this , Y Y day of , 1992. 1 ATTEST: Don Ashworth, Clerk /Manager Donald J. Chmiel, Mayor (Published in the Chanhassen Villager on , 1990.) 1 1 1 1 1 1 1 Planning Commission Meeting July 1, 1992 - Page 50 I Krauss: But the issues that we deal with are pretty complex. I don't know, sometimes I get accused of making things more complex than they need to be but I find that if I'm not, it comes back to haunt us later on. When you do that, you risk not seeing the forest through the trees or however that analogy is supposed to go, and it's useful for me to hear, you know you missed this. You've got to beef this up. Citizens raise these concerns. Some are legitimate. Some have to be responded to whether I they're legitimate or not. And these are the answers that you've got to bring forward to tie up all the loose ends. Then we know exactly what we need to do. ' Batzli: And here's a test. City Council members, if you're reading these Minutes, give me a phone call. 1 Erhart: You've got $100.00 for every one that calls you. Batzli: Okay, so we'll see. Now don't you tip them off. 1 Conrad: Plus, have you ever tried to read Minutes and get a consensus? Batzli: It's very difficult to read through these verbatim Minutes. I Conrad: You can't get an idea what. You know you say some off the wall things about Communism. They don't... ' Batzli: I yearn for those days. Conrad: I know. Those were the good days. It's just hard for them to get a feel. I've always wanted to condense. Erhart: Maybe we shouldn't have verbatim Minutes anymore. When I started I we didn't have them. If nobody reads them. If nobody reads them, why do we do verbatim Minutes? Batzli: Because we use them for the record later on. Erhart: If nobody reads them, who needs them? Batzli: Well we do read them later on. I mean later on, when this project blows up. We pull out the Minutes. We say, well what did this guy. ' Farmakes: 10 years from now they know who to blame for the problem. Batzli: Your 5 minutes are up. But I agree. To the extent that we can ' shorten and/or otherwise reduce our time before the mics, we'll do that. PUBLIC HEARING: ZONING ORDINANCE AMENDMENT TO AMEND THE CITY CODE, CHAPTER 20. CONCERNING 1 ALLOWED USES IN THE BH.. HIGHWAY AND BUSINESS DISTRICT. Paul Krauss' presented the staff report on this item. Chairman Batzli wanted the record to show there was no one present for this public hearing. 1 I/ Planning Commission Meeting July 1, 1992 - Page 51 Erhart moved, Ledvina seconded to close the public hearing. All voted in 1 favor and the motion carried. The public hearing was closed. Batzli: Is there any discussion on this issue? Erhart: The only discussion is, where's the motion? Batzli: The red tie to Communism are lapping at our shore Tim. Is he still in jail? That was his line. Would someone like to make a motion? Erhart: I move that we amend the Zoning Ordinance in accordance with the recommendation of the staff report dated June 25, 1992. • Batzli: I second. Is there any discussion on the motion? Erhart: Is the motion clear Paul? Okay. 1 Erhart moved, Batzli seconded that the Planning Commission recommend approval of the Zoning Ordinance Amendment to the City Code, Chapter 20, II Section 20 -712 eliminating auto service centers as a permitted use in the BH, Business Highway District. All voted in favor and the motion carried. ZONING ORDINANCE AMENDMENT TO AMEND ARTICLE VIII OF THE CITY CODE CONCERNING PLANNED UNIT DEVELOPMENT REGULATIONS FOR RESIDENTIAL DISTRICTS. 1 Batzli: I don't know that we need a staff report. Krauss: Yeah, we didn't have a category for really old business. 1 Batzli: Really, really old business. This isn't a public hearing or anything right? 1 Krauss: Well actually, you've always continued the public hearings. Batzli: Okay. Well, is there, there's no one here to address us. The record should reflect that. Is there a motion to close the continued public hearing? Ledvina moved, Erhart seconded to close the continued public hearing. All 1 voted in favor and the motion carried. The public hearing was closed. Batzli: Discussion. Does anybody want to say anything other than me? 1 Erhart: About this thing here? Batzli: Yeah. I just want to say one thing. That's why I had it carried over. Okay, go ahead. Erhart: I don't understand it. Never have. Batzli: Never will? 1