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5a. Emission Control Station - Zoning as conditional uses in BH and IOP districts I II .6 o I TY o F --- , , CHANHASSEN 1 1 e - 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 - 5739. ,. ; a , , .. 1 V 'bg-Iii II MEMORANDUM I TO: Don Ashworth, City Manager 4 FROM: Paul Krauss, Planning Director K"' II DATE: January 24, 1991 SUBJ: Zoning Ordinance Amendment to Allow Emission Control I Testing Stations as a Conditional Use Permit in the BH and IOP Districts /Overview of the Two Proposals to Locate Emission Control Testing Station 1 PROPOSAL /SUMMARY I As the City Council is aware, there has been a proposal to locate an emission control testing station in review by the Planning Commission since last fall. The request is predicated upon revisions to the Zoning Ordinance that would allow an emission I control testing station as a conditional use permit. Two sites have been recommended for approval by the Planning Commission. Initially, the proposal called for the location of this facility in I the industrial park on land located off of Park Drive. Several residents of the industrial park raised objections to this proposal due to perceived off -site impacts. The Planning Commission recommended approval on this site with a split vote, however, since I it was clear that there were some concerns being raised by the City Council relative to this site to the extent that it's approval seemed unlikely, the applicant sought a second site. The second I site is located near the McDonald's Restaurant off of Lake Drive and this was recommended for approval by the Planning Commission unanimously a short time ago. I The applicant is requesting that the City Council act on both sites so that you essentially have a choice between the two. This request puts us in a rather unusual and somewhat uncomfortable 1 position since for the last few months we have all been working towards the Lake Drive site and have pretty well dismissed the Park Drive site from consideration. We would have preferred that the I applicant drop consideration of the industrial park site so that issues could be more clearly defined but under the circumstances we were obligated to take both proposals forward for City Council II action. Although we originally recommended approval of the Park Drive site along with a Planning Commission recommendation for II 1 Zoning Ordinance Amendment/ Emission Control Sites' Summary ' January 24, 1991 Page 2 1 approval, we suspect that based upon individual discussions with the City Council that you are likely going to reject that site. Staff is attempting to provide the City Council with sufficient ' information to act on both proposed sites. Thus, you will find two staff reports with recommendations appropriate to each proposal. We apologize for any confusion this may cause, but, again note that 1 we are obligated to carry forward the applicant's requests. The proposed amendment to the zoning ordinance has been developed and refined over a series of meetings with the Planning Commission. It allows emission control testing stations as a conditional use and provides specific standards designed to eliminate or minimize associated impacts. A summary of those standards include: 1 • That the operation be under contract with the State of Minnesota; 1 • That no repairs, gas or parts be sold on site and there be no outside storage of vehicles; • That there be no testing of diesels; • State and federal noise standards will be complied with; 1 • That all vehicle stacking be provided on site in designated lanes. 1 Due to the unique circumstances whereby there are two sites being considered, the ordinance at this point in time allows testing stations as a conditional use permit in both the BH and the IOP Districts. Staff is recommending that the City Council give this ordinance first reading. There will be follow up requests made to you at the next meeting for development contract approval, at which ' time second reading of the ordinance can be granted. Depending upon City Council's action on this request on January 28th, staff will recommend that the final ordinance be modified. For example, ' if the Lake Drive site is approved, we would recommend that the final reading of the ordinance eliminate the potential of locating these facilities in the IOP District. 1 STAFF RECOMMENDATION Staff recommends that the City Council approve first reading of ' amendments to Section 20 -293, 20 -814 and 20 -714 of the Chanhassen Zoning Ordinance to allow emission control testing stations as a conditional use permit. 1 1 11 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. DIVISION 4. STANDARDS FOR BUSINESS, OFFICE, INSTITUTIONAL AND INDUSTRIAL DISTRICTS. Section 20 -293, Conditional Use Permit Standards, is amended ' by adding the following: Emission Control Testing Stations - Authorized to undertake emissions and /or safety monitoring required by the State of Minnesota provided that: a. the operation is under contract agreement with the i State of Minnesota to provide these services; b. no repairs are performed on the site; ' c. no gas or parts are sold on the site; d. no outdoor storage of vehicles or related 1 materials; e. no diesel testing to be allowed at the site; 1 f. state and federal air and noise standards shall be complied with. If problems are found to exist, the 1 property owner shall be required to pay for any testing deemed to be required by the City to clarify the situation. An update on compliance shall be provided by the applicant after 6 months of operation. g. all vehicle stacking shall be provided on -site in designated lanes. Vehicle stacking in fire lanes, parking areas and other drives shall be prohibited. Section 20 -814. Conditional Uses in the IOP District is amended by adding: (15) Emission control testing stations. ' Section 20 -714, Conditional uses in the BH District is amended by adding: (9) Emission control testing stations. 1 1