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2. 6411 Bretton Way Nonconforming Uses9 CI1'Y OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Bob Generous, Senior Planner DATE: March 11, 2013 O� R SUBJ: 6411 Bretton 6411 Bretton Way Planning Case #2012 -13 PROPOSED MOTION "The Chanhassen City Council approves a resolution approving nonconforming uses at 6411 Bretton Way. City Council approval requires a majority vote of City Council present. Finance Phone: 952.227.1140 Fax: 952.227.1110 EXECUTIVE SUMMARY Park & Recreation Phone: 952.227.1120 At the October 22, 2012 City Council meeting, city staff was directed to develop Fax: 952.227.1110 reasonable performance standards for the continuation of the current and future commercial and industrial uses of the building. These standards are being presented to Recreation Center City Council for further discussion, review, and a final determination. 2310 Coulter Boulevard Phone: 952.227.1400 Pursuant to City Code section 20 -72 (e), "If approved by the city council, a Fax: 952.227.1404 nonconforming land use may be changed to another nonconforming land use of less Planning & intensity if it is in the public interest." The intent of the nonconforming use ordinance Natural Resources is to encourage the elimination of nonconforming uses, lots and structures, or reduce Phone: 952.227.1130 their impact on adjacent properties. City Council is not required to continue to allow Fax: 952.227.1110 uses that are not permitted in the zoning district if they have been discontinued for more than one year. Since there is no machining, manufacturing or contracting Public Works business uses, with the exception of the woodworking business, such uses would not 7901 Park Place Phone: 952.227.1300 be continuing nonconforming uses of the property, unless they were approved as such Fax: 952.227.1310 by City Council. Senior Center BACKGROUND Phone: 952.227.1125 Fax: 952.227.1110 On February 14, 2013, staff met with the property owner to receive her perspective on Web Site the existing uses of the building. Additionally, staff provided the owner with surveys www.ci.chanhassen.mn.us which were to be filled out by the businesses. a Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Nonconforming Use Permit 6411 Bretton Way March 11, 2013 Page 2 On November 20, 2012, city staff held a neighborhood open house to solicit comments on the use of the property. Nine residents were present at the open house. The neighbors were primarily concerned with noise, traffic, and property maintenance issues, which are being addressed separately through the building department. On October 22, 2012, the City Council determined that Greenscapes Lawncare was an intensification of the nonconforming use and had to vacate the property. Greenscapes Lawncare vacated the property by December 1, 2012. In addition, staff was directed to evaluate the intensity of uses and come back to City Council with a report on appropriate performance standards for the continuing use of the property. DISCUSSION As part of staff's attempt to develop standards for the use of the property, the following operational issues were reviewed: type of business, parking and employees, traffic generation, hours of operation, noise, pollution, odors, equipment, materials and storage. The neighbors, the property owner, and the businesses were included in the research regarding the use of the building. Based on inspection of the building in 1995, the City had the list of users of the building: Ramsey Woodworking (woodworking shop), Precision Finishing (small part painting), Roger Mcleare (rebuilding motorcycles). These are the presumptive nonconforming uses of the property. Based on information provided by Mrs. Carlson, the following is a list of the current tenants: Lessee Lease Date K2 Electrical Services June, 2002 Lake Country Builders October, 2005 Custom Charters November, 2005 Larry Bremm May, 2011 Andrew Clark August, 2011 Business (use) Electrical contractor (warehouse) Building contractor (warehouse) Boat charter (storage) Larry Bremm (Artist workshop) Custom woodworking (woodworking shop) It appears that the only continuing nonconforming use within the building is the woodworking shop. All the other uses are changes in uses that must be approved by City Council. Mrs. Carlson and the businesses have provided consistent descriptions of the use of the building. Except for the artist studio and woodworking shop, the use of the building is limited to the storage of material and equipment which is used at offsite locations. Traffic to the site is generally limited to morning and evening. No outdoor storage is used. Only one company vehicle or trailer is located at the site Nonconforming Use Permit 6411 Bretton Way March 11, 2013 Page 3 overnight. One and sometimes two employees per business may access the site. Minimal deliveries are made to the location with an estimate of three to five times per year. Warehouse and Storage These establishments are primarily engaged in the warehousing and storage of business material. In these instances, it appears that the material storage is for building finishing companies, which are establishments primarily engaged in the specialty trades needed to finish buildings, and for a boat charter operation. Building finishing businesses include custom builders, electrical repairmen, HVAC repairmen, plumber's material, drywall and insulation, painting and wall covering, flooring, tile and terrazzo, and finish carpentry. The building is being used for storage only with the businesses office facilities off -site. Material stored here is limited in size since it must be stored indoors. The material is not sold from the site on a wholesale or retail basis, but is used by the business in their operations. Woodworking Woodworking is building a variety of products such as cabinets and furniture using wood. This is a skilled craft operation and not a mass manufacturing operation. Its operation may be very similar to an artist studio in that the craftsman makes a high- quality, distinctive product in small quantities using traditional methods. Artist Studio Artist is defined as a skilled manual worker; a craftsperson, a person skilled in applied art. Specifically, we are defining an artist as a person that makes a high- quality, distinctive product in small. quantities, usually by hand and using traditional methods. Neighborhood Meeting At the neighborhood meeting, the primary concern expressed by the residents was the amount of traffic generated by the uses and the maintenance of the property. Ultimately, they would like the site used for single- family homes. Except for the lawn care service which has left the property, the remaining uses have very minimal traffic. The artist studio and woodworking shop have irregular and off -peak hours. The building trades people come in the morning to pick up their material for the day then go to an offsite work site and return at the end of the day to pick up their personal vehicle. The site is simply used for the storage of their building material. Some of the neighbors felt that the uses should go back to those in the 1970s, but based on the property owners report, that would include a woodworking manufacturing facility with up to five employees, a motorcycle repair business, and a paint shop. Artist studios, storage or warehouse uses appear to be less intensive uses than either the painting establishment or the motorcycle repair business. Nonconforming Use Permit 6411 Bretton Way March 11, 2013 Page 4 PERFORMANCE STANDARDS Staff is proposing that building occupants comply with the following standard: • The business shall be conducted entirely within the building. • Office use is prohibited. • Artist studios are permitted. • Woodworking shop is permitted. • Indoor storage for small business is permitted. • Outdoor storage of materials and equipment is prohibited. • No mechanical or electrical equipment requiring the use of voltage in excess of 220 volts single phase shall be used in the conduct of the business. • No traffic shall be generated by any business in greater volume than would normally be expected in a residential neighborhood. • No more than two parking spaces per business shall be permitted. • No commodities, merchandise, or supplies shall be sold or offered for sale upon or from the premises, whether at retail or wholesale. • Exterior parking of one trailer or vehicle per business is permitted. • Parking of commercial vehicles in excess of 22 feet in length is prohibited. No commercial vehicles in excess of 9,000 pounds gross weight shall be used in connection with the business or parked on the property. RECOMMENDATION Staff requests that City Council make a determination of the nonconforming uses of the property located at 6411 Bretton Way. If City Council decides that these uses may replace the previous uses of the site, such approval should be subject to the following conditions: 1. An annual report of the tenants in the building shall be provided in January of each year. 2. The city shall be notified when a tenant vacates the building. 3. The city shall be notified of new lessees prior to occupancy of the building. Such uses shall comply with the performance standards approved by City Council. 4. Any other use must be submitted to City Council for approval of changes in use. ATTACHMENTS 1. Resolution. 2. Email from Daniel Feller to Bob Generous dated January 4, 2013. gAplan\2012 planning cases\2012 -13 6411 bretton way zoning appeal- carlson \cc memo performance standards.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: MOTION BY: RESOLUTION NO: 2013- SECONDED BY: A RESOLUTION APPROVING NONCONFORMING USES AT 6411 BRETTON WAY WHEREAS, Naomi Carlson has requested a determination of nonconforming uses on property located at 6411 Bretton Way — Planning Case #2012 -13; and WHEREAS, the legal description of the property is Tract C, RLS 105 and Outlots C & D, Curry Farms 2 nd Addition; and WHEREAS, the property is guided in the Chanhassen Comprehensive Plan for Residential Low Density Uses; and WHEREAS, the property is zoned Single - Family Residential District, RSF; and WHEREAS, commercial or industrial uses are not permitted conditional or interim uses in the Single - Family Residential District; and WHEREAS, prior to the rezoning of the property to RSF and subsequent to that rezoning, the building has been utilized for assorted machining and manufacturing businesses including woodworking shops, small part painting and motorcycle repair; and WHEREAS, artist studio and indoor warehouse or storage are less intensive uses of the nonconforming commercial uses of the property since they do not include machining, manufacturing, or contracting yard operations; and WHEREAS, continued occupation and use of the building will permit the site to be maintained, stabilize the tax base and permit limited -use commercial businesses to operate in the community. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby determines that artist studio and indoor warehouse or storage is not an intensification of the use of the property and is therefore in the best interest of the community to permit to occupy the premises. City Council approves the change in nonconforming uses at 6411 Bretton Way to allow K2 Electrical Services, Lake Country Builders, Custom Charters, and Bemm Restoration to replace the former nonconforming uses subject to the following conditions, and directs staff to use the following performance standards as a guide to the continuing use of the building. Conditions: 1. An annual report of the tenants in the building shall be provided in January of each year. 2. The City shall be notified when a tenant vacates the building. 3. The city shall be notified of new lessees prior to occupancy of the building. Such uses shall comply with the performance standards approved by city council. 4. Any other use must be submitted to City Council for approval of changes in use. Performance Standards: • The business shall be conducted entirely within the building. • Office use is prohibited. • Artist studios are permitted. • Woodworking shop is permitted. • Indoor storage for small business is permitted. • Outdoor storage of materials and equipment is prohibited. • No mechanical or electrical equipment requiring the use of voltage in excess of 220 volts single phase shall be used in the conduct of the business. • No traffic shall be generated by any business in greater volume than would normally be expected in a residential neighborhood. • No more than two parking spaces per business shall be permitted. • No commodities, merchandise, or supplies shall be sold or offered for sale upon or from the premises, whether at retail or wholesale. • Exterior parking of one trailer or vehicle per business is permitted. • Parking of commercial vehicles in excess of 22 feet in length is prohibited. No commercial vehicles in excess of 9,000 pounds gross weight shall be used in connection with the business or parked on the property. Passed and adopted by the Chanhassen City Council this 1 l day of March, 2013. ATTEST: Todd Gerhardt, City Manager Thomas A. Furlong, Mayor YES NO ABSENT Generous, Bob From: Daniel Feller [djfeller @yahoo.com] Sent: Friday, January 04, 2013 5:05 PM To: Generous, Bob Subject: Neighborhood discussion on barn at 6411 Bretton Way Bob Thanks for setting up the meeting with the Curry Farms neighborhood regarding the buildings at 6411 Bretton Way. I'm encouraged to see the city take a role in coming up with a solution for all parties involved. One of the discussion points was to define criteria for this type of property contained within a residential neighborhood. The challenge we run into with setting criteria is that it could cause the exact opposite outcome we wish to see: • Safer environment for children on the streets by reducing traffic /construction vehicles • More residentially friendly property with less noise and better maintained buildings /property For example, if we set criteria where each tenant can only have 1 or 2 vehicles, we could end up with more traffic than we have currently if the building is fully rented or subdivided further (10 tenants * 2 vehicles = a lot of commercial traffic in a residential neighborhood). I believe the property should be treated to the same requirements as any residential house. It should also conform to sensible expectations for any residential house. In most cases, you don't expect to see more than 5 cars at any house. You also expect the building to be safe without seeing broken /boarded up windows. These types of sensible requirements results in the following initial criteria: • 3 -5 vehicles for the entire building • No construction /equipment noise outside the building • Building and property maintained visually and structurally Thank you again for setting up this discussion and looking forward to seeing where we go from here. Daniel