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5 Req Conditional Use Permit - Z :=t :..> J 1- 1- ::( ::( - ~ LJ - - f) CITY OF CHANHASSEH $, - PC DATE: Jan. 5,2000 CC DATE: Jan. 24, 2000 REVIEW DEADLINE: Feb. 1,2000 CASE #: 99-5 CUP STAFF REPORT PROPOSAL: Request for a conditional use pennit to operate a Car-X Muftler and Brake Shop (auto serviçes center). LOCATION: 60 Lake Drive East Lot 1, Block 1, Chan Haven Plaza 3rd Addition APPLICANT: Cook Properties-Chanhassen LLC. . Attn: Brian Cook Uí40 Lyndale Avenue South Bloomington, MN 55420 Envirotest Technologies, Inc. Suite 220 9555 James Avenue South Bloomington, MN 55431 PRESENT ZONJNG: BH, Highway Business DIstrict ACREAGE: 1.76 acres DENSITY: 0.06 FAR 2020 LAND USE PLAN: Commercial SUMMARY OF REQUEST: The applicant is requesting a conditional use pennit to operate a Car- X Muftler and Brake Shop at a site that was previously used for an auto emission testing station. This use is a conditionalctlSe in*Highway Business District. At present, the applicant is not proposing any changes to the exterior of the building or the site, except for the installation of signage. However, the interior of the bQildingwiU be remodeled to accommodate customer waiting areas. In the future, the applicant may mdesign1:he parking area for convenience and traffic flow. Such alteration may be done - administratively. LEVEL OF DISCRETION IN DECISION-MAKING: The city's discretion in approving or denying a conditional use-permitidimited to determining the potential inlpacts of a proposed use and requiring reasonable conditions to mitigate anticipated adverse inlpacts associated with the use, to protect the values of other property within1he district, and to achieve the goals and objectives of the comprehensive plan. Conditions which are impesed must be directly related to the proposed use. Approval of the conditional use permit requires an affirmative vote of a majority of the entire city council. .-/',/ ~ ] ... C> ke <J>. ,,,::1\. / I , I I , Car-X Muffler and Brake Shop January 5, 2000 Page 2 PROPOSAL/SUMMARY The applicant is requesting a conditional use permit to operate a Car-X Muftler and Brake Shop at a site that was previously used for an auto emission testing station. The site is surrounded by the following zonings and uses: N - BH, Highway 5; S - Lake Drive East, BH, vacant, and RSF, single family homes; E - BH, Abra, Good Year and care wash; and W - BH, McDonalds. The proposed use would be compatible with the uses inlmediately adjacent to the site which include auto repair establishntents, a car wash and an auto related restaurant. The applicant is one offour authorized Car-X ITanchise operators within the metropolitan area. He currently operates six other Car-X's. The applicant states that the shop will be open ITom 8:00 a.m. to 6:00 p.m. Monday through Friday and 8:00 a.m. to 3:00 p.m. Saturday. Car-X typically services between five and 25 cars per day. Car-X performs muftler, brake, shock, spring and alignment repair. Most repairs are completed on the same day and vehicles left ovemight are stored in the building. The applicant is not proposing any changes to the exterior of the building or the site, except for the insta1lation of signage (walls and pylon). The interior of the building will be remodeled to accommodate customer waiting areas as well as the automobile service areas. Staff is recommending approval of the conditional use permit for the operation of a Car-X Muftler and Brake Shop, an auto services use, on the proposed site subject to the conditions of the staff report. BACKGROUND On January 8, 1991, the Chanhassen City Council approved conditional use permit #90-5 approving an emission control testing station in a Highway Business, BH, district; approved Site Plan Review # 90-11 for the emission control testing station; and approved the prelinlinary and final plat for Chan Haven Plaza 3rd Addition. Condition Use Permit #90-5 conditions: 1. Compliance with conditions of the site plan and plat approval. 2. Provide direction maps reviewed by staff with each notice that vehicle testing is due. The maps shall clearly illustrate and promote entering the site ITom Dell Road rather than Dakota Avenue. 3. Applicant is required to maintain contract to provide services with the State of Minnesota. 4. No repairs to be performed or gas or parts sold at the site. ,il< Car-X Muftler and Brake Shop January 5, 2000 Page 3 5. No testing of diesel or heavy trucks to be performed at the site. 6. Maintain site in compliance with state and federal air and noise standards. After six months of operation, a compliance report shall be prepared by the applicant and supplied to the City. 7. All vehicle stacking and parking to be in designated area. No parking or stacking is allowed in fire lanes, drive isles, access drives or public right-of-way. 8. Work with MnDOT to erect directional signs along Highway 5 that direct traffic to the site via Dell Road. 9. There shall be no outside speakers or telephones. Conditions of Site Plan Review #90-11: 1. The applicant must revise plans to include a mansard roof on the proposed building. Plans must be submitted and must be approved by city staff. Plans should also illustrate screening for HV AC equipment. Wood slat screens are unacceptable. / 2. The applicant must obtain a sign permit prior to erecting any signage on site. Provide a sign plan incorporating the following elements: a. Monument signage incorporating waiting time information. b. On-site directional signage as outlined in the report. c. MnDOTlHighway 5 signage to direct westbound traffic ITom Eden Prairie to enter the site via Dell RoadlLake Drive intersection subject to MnDot approval. 3. The driveway shall be designed to incorporate a 36 foot wide curb and gutter, storm sewer apd a nine ton design. Plans to be approved by the City. A permanent cross easement and maintenance agreement acceptable to the City Attorney shall be drafted and filed against all current and future lots in Chan Haven Plaza 3rd Addition plat. A restriction shall be filed indicating that all lots in the plat and any future subdivisions are to gain access via the private drive. Provide a stop sign at the intersection of the private drive and Lake Drive. 4. The applicant shall obtain a pennit ITom the Watershed District and comply with all conditions of the pennit. Drainage plans shall be revised as outlined in the report and shall be submitted to city staff for approval. When the easterly portion of Chan Haven Plaza 3rd Addition develops in the future, the storm sewer outlet located east of the private drive shall be extended to the future detention pond and the temporary ditch shall be elinlinated. Car-X Muffler and Brake Shop January 5, 2000 Page 4 5. Type III erosion control shall be used along the edge of the Class B wetland. 6. Plans for landscaping south of Lake Drive shall be refined to avoid existing trees and to ensure that all material is located QIl private property in a protective easement running in favor of the city. The applicant sban also provide staff with a detailed cost estinlate of landscaping to be used in calculating the required financial guarantees. These guarantees shall be posted prior to the building permit issuance. , 7. The berms shall be a mininlum of three feet in height. Prelinlinary and final plan #90-17, Chan Haven Plaza 3rd Addition, conditions: 1. Park and trail dedication fee!! to be assessed at the time building permits are requested. 2. Provide the following easements: a. Standard drainage and utility easements around the perimeter of all lots. b. Drainage and conservation easement located over the wetland on Lot 1. c. Thirty foot wide utility easements centered on sanitary sewer and watermain located outside of public right-of-way. d. Drainage and utility easements dedicated over Lot 2 to accomplish the temporary drainage ditch and future extensien of storm sewer. e. Plat the future right-of-way along the Highway 5 ITontage to accommodate the future Highway 5 inlprovement project as an ootlot. f. Cross access and utility easements over the proposed private driveway. These easements shall run in favor of Lots 1 and 2 and any future subdivision thereof and shall be drafted in a manner acceptable to the City Attorney. The easentent shall be drafted and filed concurrently with a private maintenance agreement acceptable to the City. g. Landscaping easement o\a'ð1e planted area located south of Lake Drive running in favor of the City. 3. Enter in a development agreement acceptable to the City. Car-X Muffler and Btake SheJp January 5, 2000 Page 5 4. The app1i"'-~ provide apup¿ly VIOrded and endorsed right of entry agreement for Highway5wMnDot. ' LANDSCAPING.AND THE REMOVAL The landscaping1ñat was insta11ed aspart of the Emission Inspections Facility is currently in place at the site. No trees have ,been added or removed since the original landscaping was installed. Car-x proposes the same pIøn fur their development. Since the inspections facility was approved, the buffer yard ordinance has been adopted and the applicant will have to comply with the mininIum requirements. Landscaping required for the proposed development is shown in the following table. Bufferyard B '-'Hwy. 5 Bufferyard A· - East property line Bufferyard A · - West property line Parking lot 108 to City nance, may plant the remaiøiø&.25%oo their property. 4 overstory trees 7 understory trees 3' hi berm 3 overstory trees 4 overstoIy trees 6 understory trees 11 shrubs 21)verstory'trees 4 understory trees 6 Shrubs o ove:rstory trees 3lJ11derstory trees 3 shrubs 2,41<; ft 21andscape area 4,650 ft2 landscape area 1'0 trees 10 trees IS responsl e or on y 0 0 e require p antmgs. uttmg property OwnCfS 3 overstory trees The applicant needs to increase landscaping along the east property line. Three understory trees and six shrubs win be required in the landscape area along the east property line. Additionally, staff recommends one overstorytree be added to the parking lot area in the landscape/sod strip that runs para1lel1o the east property line. WATERAND~R Service by city~er and WJIIer. STREETS AND ACCESS Access to the site is provided via a private street shared with the other auto related uses. The site is served &om Lake'Drive East which is a collector road in the city's comprehensive plan. Based on the Trio Generatiòn. 6th Edition, by the Institute of Transportation Engineers, average trip Car-X Muffler and Brake Shop January 5, 2000 Page 6 generation rates for automobile care centers during a.m. and p.m. peak hours are 3.22 and 4.01 per 1,000 square feet, respectively. This represents approxinlately 14.5 to 18 trips per hour. While no numbers are available for the emissions testing station, it can be assumed that there would have a higher peak hour rate for the testing use due to the nature of that type of operation. Based on anecdotal information provided by the applicant, the shop repairs less than 25 vehicles per day. MISCELLANEOUS When the building was originally built, because of the building occupancy classification, it was not required to be fire sprinklered. However, because the occupancy is changing ITom a B-1 B-2 to an H-4, State Building Code requires that the building be fire sprinklered in accordance with NFP A 13. Pursuant to Chapter 1306, Department of Administration, Minnesota State Building Code # 1306.0100 Subdivision 2. Staff recommends that the applicant meet with the Inspections Division to review the alteration plans and discuss code requirements. Permits are required for alterations. SIGNAGE AND LIGHTING The applicant is proposing a 9 foot 9 inch monument/pylon sign along the Highway 5 ITontage. The proposed sign area is 63.25 square feet. City code would permit signs up to 16 feet high with 64 square feet of sign area. In addition, the applicant is proposing individual dinlensioned channel lettered wall signage on the north and south building elevations. While the applicant provides the dimensions for the signage, they do not provide the information regarding the wall area necessary to determine compliance with city ordinance. Such signage must comply with city code as to size. A separate sign permit shall be required for each sign proposed on the site. FINDINGS When approving a conditional use permit, the City must determine the capability of a proposed development with existing and proposed uses. The general issuance standards of the conditional use Section 20-232, include the following 12 itetns: 1. Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. Finding: 'The proposed use will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. This use is similar to the existing uses to the east. . 2. Will be consistent with the objectives of the city's comprehensive plan and this chapter. Car-X Muffleund BralœShop January 5, 2000 Page 7 Fin~ The~ œei!!CO'"'Îd>oo1t wi1h theobjectives of tile citýs comprehensive plan and this chaptec. 3. Willbe d(.sigœd. .."""......Med, CJJoW;;'..a.4.and ma: . '-...<1 J!O to be compatible in appearance with the exis1ing or ~ character of1he geneJ8l vicinity and will not change the essential c~ of that area. Finding: The proposed use will occupy an existing building and is therefore currently compatible with the character of the area. 4. Will not be hazardous or disturbing to existing or planned neigilboring uses. Finding: The proposed use is compatible with existing uses in the area. 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-fur the establishment of the proposed use. Finding: The proposed use is served by adequate public services. 6. Will not crea1e excessive' requirements for public filcilities and services and will not be detrimental to the econemic welfare of:4he(lOl1llllll1lÏty· Findiøg: The proposed use will not create excessive requirements for public facilities and services and will not be detrimental to the econOlnic welfare of the community. The proposed use re-uses a vacant building. 7. Will not involve uses, activities, processes, materials, equipment and conditions of '{)peration that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumIes, glare, odor.;, rodents, or trash. FindiDg~ Subject to the conditions of the staff report, the proposed use will not involve uses, w::tivities, y,vC(\sses, materials, equipment aDÔ conditions of operation that will be detrimental to 1Ð'lY persoøs, p1'operty or the geoeral welfare because of excessive production of traffic, noise, smoke, fumes, giare,ooors, rodeáts, or trash. 8. Will have vehicular approaches to the property which do not create traffic congestion or interfeæ with traffic or surrounding public thoroughfares. Car-X Muffler and Brake Shop January 5, 2000 Page 8 Finding: The proposed use will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. 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. Finding: The proposed use will occupy an existing building. 11. Will not depreciate surrounding property values. Finding: This use is similar to the existing uses to the east. The proposed use will occupy an existing building. The proposed use re-uses a vacant building. Therefore, the use should not depreciate surrounding property values. 12. Will meet standards prescribed for certain uses as provided in this article. Finding: The proposed use will meet standards prescribed for certain uses as provided in this article. PLANNING COMMISSION UPDATE The Planning Commission held a public hearing on January 5, 2000, to review the proposed Conditional Use Permit for the Car-X Muffler and Brake Shop. The Planning Commission voted seven for and none against a motion to recommend approval of the Conditional Use Permit subject to the conditions of the staff report with modifications to condition number 8 and the addition of condition number 12 prohibiting the use ofloud speakers outside. The change to the hours of operation were in response to the applicant stating that Car- X would like the option of staying open a little longer. The other auto services operations in the area may be open ITom 7:00 a.m. to 9:00 p.m. Monday through Friday and 10:00 a.m. to 4:00 p.m. Saturday. RECOMMENDATION Staff recommends that the City Council adopt the following motion: "The City Council approves Condition Use Permit # 99-5 to permit a Car-X Muffler and Brake, Cook Properties - Chanhassen LLC, subject to the following conditions: Car-X Muffler and Brake Shop January 5, 2000 Page 9 1. Three understorytœes shaD 111: planted in 1he landscape area along the east property line. 2. The applicant sbaihdd oœ<!VeIStory treetD 1De'laDdscape/sod strip around the parking lot that runs parallel to tbeeast9loperty line. 3. When the buildingwasorigùlally built, beœDSe'ofthe building occupancy classification, it was not required to be fire sprinklered. However, because the occupancy is changing ITom a B-1 B-2 to an H-4, State Building Code requires that the building be fire sprinklered in accordance with NFPA 13. Pursuant to Chapter 13{)6, Department of Administration, Minnesota State Building Code # 1306.0100 Subdivision 2. 4. The building must comply with Chanhassen Fire Department/Fire Prevention Division Policy #04-1991. Copy enclosed. 5. A one-hour occupancy separation is required between the office/waiting area and the repair area. 6. 'The building must meet the requirements of Minnesota Building Code Chapter 1341 regarding accessibility for existing buildings. 7. A separate sign permit shall be required for each sign proposed on the site. 8. The shop hours sh.aHbe ftom '7:1)0 8;00 a.m.to 7:00 ~ p.m. Monday through Friday and 8:00 a.m. to 3:00 p.m. ~. l"'hm1y's to the hours must be approved by City Council. 9. No outdoor storage of any kind and any vehicles left overnight shall be stored in the building. I O. Repairs to vehicles may not be performed outside the building. 1 i. The monument sign base shall be consistent with !he building material. 12. There shan be nooutside'sp--Ir-s or telepluMles." ATTACHMENTS 1. Findings of Fact' and RecolI!l1retldation 2. Development Review Application " 3. Conditional Use Application Compliance S1atement 4. Reduced Copy of landscaping Plan 5. Pylon Sign Car-X Muffler and Brake Shop January 5, 2000 Page 10 6. Wall Sign - Elevation A 7. Wall Sign - Elevation B 8. Memo ITom Mark Littfin to Bob Generous Dated 12/13/99 9. Public Hearing Notice and Mailing List 10. Letter ITom Paul Czech to Bob Generous dated 12/14/99 11. Planning Commission Minutes of 1/5/00 Car-x Muftler and Brake Shop January 5, 2000 Page 10 CITY OF CHANHASSEN CARVER AND HENNEPlN COUNTIES, M1NNESOT A FINDINGS OF FACT AND RECOMMENDATION lNRE: Application of Cook Properties - Chanhassen L.L.C., Car-X Muftler and Brake Conditional Use Permit On January 5, 2000, the Chanbassen Planning Commission met at its regularly schedule meeting to consider the application of Cook Properties - Chanbassen L.L.C., Car-X Muftler and Brake for a conditional use permit for the property located at Lot 1, Block 1, Chan Haven Plaza 3rd Addition, 60 Lake Drive East. The Planning Commission conducted a public hearing on the proposed conditional use was preceded by published and mailed notice. The Planning Commission heard testinlony ITom all interested persons wishing to speak and now makes the following: FINDINGS OF FACT I. The property is currently zoned Highway Business, BH, District 2. The property is guided by the 2020 Land Use Plan for commercial. 3. The legal description of the property is: Lot 1, Block 1, Chan Haven Plaza 3rd Addition 4. Section 20-232: a. Will not be detrimental to or enhance the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. b.Will be consistent with the objectives of the city's comprehensive plan and this chapter. Car-X Muffler and Brake Shop January 5, 2000 Page 11 c. 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. d. Will not be hazardous or disturbing to existing or plarmed neighboring uses. e. 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. f. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. g. 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. h. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. i. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. j. Will be aesthetically compatible with the area. k. Will not depreciate surrounding property values. 1. Will meet standards prescribed for certain uses as provided in this article. 5. The plarming report #99-5, dated January 5, 2000, prepared by Robert Generous, is incorporated herein. Car-X Mufflennd Brake Shop January 5, 2000 Page 12 '" JŒCOMMENDATION . The plh. '"e c......nissioa~dIøt-- Cßy Council approve the conditional use .,.....¡t. ADOPTED by the Chanhassen Planning Commission this sth day of January, 2000. CHANHASSEN PLANNING COMMISSION BY: Its Chairman ATTEST: Secretary g:\plan\bg\car-x muftler and brake shop cup.doc ~aoJ,;: t'IfÐPECTI e.s - C I"'J.ArJ H-.4JJ'~ 1.... L.. C. " , CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 5~~7 (612) 937-1900 . ' " \ DEVELOPMENT REVIEW APPUCATlON BÞ,..; 'Ú.~J.:. I ' " APPlICANT. c,~ )( ",..-.,;=(Y'...I' ~ 7(,di".t=" OWNER: éN'YÍ~()1'ji-S7-t;¿HNOL"Jð S. :I',.¡c. ADDRESS: 'S-55 :7"/'hI115S 1lv1iW1/e. Jt1<1T'H sv,~ ........ 131A.__-VC.?'II..} M".J .1"".J,''f31 ~ 4óFL ¡.J;'lIIe,c.~ r TELEPHONE:(b.I.?) 88$ -e9.fS ADDRESS: ~fo tic u.¡"//>1+u. ;h/L.~. 13'Ú1dNW"'-k...J MAl St''f'">o TELEPHONE (Day time)tt, > \ J '&'fo- ;Õ <J ý- ~ ". _ Comprehen¡¡ive Plan Amendm~nt _ Temporary Sales Permit . -X- Conditional Use Permit r 400. ('D _ Vacation of ROWlEasements - Interim Use Permit - Variance , , _ Non-conforming Use Permit - Wetland A~eration Permit _ Planned Unit Development" _ Zoning Appeal _ Rezoning _ Zoning Ordinance Amendment _ Sign Permits _ Sign Plan Review .::b... Notification Sign /'5ù.~ - Site Plan Review" -2L ESC~iling Fees/Attorney Cost"" $5 P/SPRNACNARlWAPlMetes and Bounds, $400 Minor SUB) - Subdivision" TOTAL FEE $ (nC(), t!!:2- ", '*, A fist of all property _s within 500 feet of the boundaries of the property must be included with the application. '1"1' .' ,~ , BuJldlng material sanpJes must be submitted with site plan reviews. "Twenty-six full s1ze:følded œples of the plans must be submitted, Including an 8'12" X 11" reduced copy of transparency for eacltplan sh!!et. - Escrow will be requiIoed for other applications through the development contract JÐTE-When multiple applicâliDns are processed, the appropriate fee shall be charged for each application. P RECEIPT 2560 City of Chanhassen 690 City Center Drive Chanhassen, MN 55317 (612) 937-1900 12/03/1999 10:39:01 EAE NORSK ENTERPRISES, INC ACCT# AMOUNT ------------------------------------ 400.00 CUP REVIEW FEE 1010000003602 ESCROW-RECORDING , 9150002052024 ESCROW-SIGN 9150002042024 SIGN PERMITS 1010000003311 TotaL Due 1136726 Check Cash Sack Thank You for your payment! 50.00 100.00 50.00 -----------.- 600.00 ------------- 600.00 ------------- 0.00 oceivad: 12/ 2/99; 4:21PU¡ => NORSK WorkCentor 250; '3 DEC-02-99 THU 04:23 PM WELSH COSo INDUSTRIAL FAX NO. P. 03 /~... , // / &..+J Coo:. , . I.PI'!.ICAHT: 0...)( 1f#W''=UJI:/L'' '1'.,.... AOOAESS: ~t1 "'fa '-'Y"¡~ ",,&..~. , llLorJ"fw6:1...J Wf'" .rrtø~D TS.EPHONE (Oil'/' drMldo, ~ \ II¥- ~,. ~" ·GtTYOF~ .. COIA.15II11A1¥E cHi'''''''",,, _1 (t1.tJ "-1101 , DE1/Ð.OPIú!NTAEVŒW APPIJCA1ICN OWNE'" ¡tJi~bnST "'6c.f/ÞJ.l..o~E$;. ~NC. 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TtIia Is ro r:tJIIf4t \hell am m~ 1IpIIi\T;'" for !he deJgbec açloft by ~ CII¡t Ind iMll "'" I1UJIØnail¡lt '0< c_....p/riñy WIll. aI C~""""lIIenCa with IÇIIIftø'ttoloiteqlist·.on.: IPpl aII&\ .hau1írÞó ÞlDé.~ .. in mynatne ..-..s I.... Ihe pllfIJ ""~I the ItíouId co",*, ragmI"lJ any mlllllt perttlfirlg 111 ÚíÍ 1111iC811ón: 11Ia'ie2\lKlled it Cllp)'oI pnICIf of o.onetSIIIP (.I(¡( t»(1f 0.....', Þupfo:aIe CItl11llØ of TIN, Abs1m:I of nil! ~ Plllt:"_ ~ent). Dr I am \Iw auWøfIeØ IIIIDI\ to ""toe 1I\1s. 8ppIIcaØo1I aI1IIlhe *' _haS &1$0 $lgn8d \IIII1.~ft~~. I \l1li kMp I'1)'PI infotmerl 0I1IIe ~ lor ùJOIIøIDq of 111..... and !III ,PfIIIII'8!'O Of IhIo ~ I lunI=r "'*'~ I!III adllillCll'lalleO IIUI)' be chIIaeII tor·~ .. I'81SIÞIIIt 8IIIIIIII. IIIc. WIll an ...... lfJQ1 \0 NI, ....horiYIiØl'lID proCClllCl ""'" 1M study. The ~ .nd Wormaliò~ T .-lUil'lliÞd iIItI 1M! IIMd eDtlllCllO !he tier. ,. myllloo.1 ~. 'TIle áI; I9IIIt nøIiIiIa h, ~ _ ...to,.,... I'" carmI !.f.;:J"" ..in 60 dll)W dœ lei 11M: ne;uing 1IqIIi.......... and.".......... ~{..'çIy Is ~:~ , .1Nr h·dIy IIIqII1M an IIIIOINIIIc 10 d.1~ IIIWftÃ)n lot deW.' jIo"en n*w. DawIøprÍlllÍl __ Slid bII CDnIpllrirl ..-.m 120 _ UJÑSS iIIIddDnaI reoIooo ~;WIII)¥8G~1IMI1IIIIIíðII\I. .. i L. ¡?~ ~ I~ /~ /q, DIIII Z. ~(,o RaeIIpt Ne>. 1I\f IIIIIIeInt GllDUIII CCMIIaçt tlaIf~. ~!If IhU"" "'I!OIt~\'IIah WllfIa ~ II1II friday pñcIr 10 the ....IIna· II nat _--.. o:apy fIf.... npottw11 '- .......Ii '1III·.pllœhhaddÌiIA. . ,- AAIIbIiDn IIŒeONIcI 011 .rzJ , / Prc, FM I'aicI (,cro . ~ Conditional Use Application Compliance Statement Proposed Car-X Muffler & Brake 60 Lake Drive East Chanhassen, Mirmesota 55317 December 2, 1999 The applicant is proposing to convert the existing emission testing facility to a Car-X Muffler & Brake repair shop. The applicant is the currently the owner of six Car-X shops in the Twin City area. The shops are open from 8:00 am to 6:00 PM Monday through Friday and 8:00 am to 3:00 PM Saturday. Currently Car-X performs muffler, brake, shock, spring, and alignment repair. Car-X typically services between five to twenty vehicles a day. Almost all repairs are completed the same day and any vehicles left over night are stored in the building. The applicant proposes no changes to the exterior of the building at this time. Existing paved areas would be striped to provide for required parking. Internal modifications will be made to waiting room and manager's office. The applicant hereby states the proposed use: a. Will not be detrimental to and will enhance the public health, safety, comfort, convince or general welfare of the neighborhood or city. b. Will be consistent with the objectives of the city's comprehensive plan and this chapter. c. 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. d. Will not be hazardous or disturbing to existing or planned neighboring uses. e. 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 establishments of the proposed use. f. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. g. Will not involve uses, activities, processes, materials, equipment and conditions of operations 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. h. Will have vehicular approaches to the property which will not create traffic congestion or interfere with traffic or surrounding public thoroughfares. i. Will not result in destruction, loss or damage of solar access, natural, scenic or historic features of major significance. j. Will be aesthetically compatible with the area. k. Will not depreciate surrounding property values. 1. Will meet standards prescribed for certain uses as provided in this article. Applicant ~&ß Brian D. Cook Car-X Muffler & Brake 8640 Lyndale Avenue South Bloomington, MN 55420 (612) 884-2946 DETAIL MAP - 0256931.1 r - ATC Associates Inc. $" ,-/,1 ,.' " ,.-:::;..¡. :~t~t :;:¡:¡-:-o / r~' " " ;' / W TmUT (/ I~ ," " W77I!I1T <, '"q, " "- "" / Y - é~~ / / /' "W1111t1r / / .,-/' / -II.......' /'''' .,.x' - ~I $1 ICHDCIlWnntsr / ~ /-1jl /~ ~ / 'I ì ~ I \. h::- ! ,,~.. , ' 'II! \ IHYENNE SPUR I~ \\~ \. fMKOTA CII ~ ( ~/ ~! ~~", " I // / /' .' ,/"'/ \#,/~ ,,; / ¡ /' -"" / ..4>/ ~, ' ,// .- / .I-{/ ,.-/ \ \~ ~v~ ;./ /~ ~ \ß / ./ / m 2 .. ~ Ii I ~~' //' I! ¡! ~ 't' \ }:/ ~I "'¡ ~, ", "'\.." , :;:::=--- ¡' I -' /'-.. o Target Propeny Si1ø. at elevations higher than or equal 10 1he larget property SilBs at elevations lower than the tar1et property Coal Gasification SiIBs (n requesl8d) Sensitive ReceplOrs National Priority Ust SiIBs Landfill SiIBs 1nO ". 1"'MII.. ~, , '~I . \.' Pøwar lransmission Une. ,'" Oil & Gas pipelines lOO-year IIøod zone 5OO-year ftood zone WeUand. per National WeUand.lnventDry (1994) EJ o .',.! ......... ,....... ,. "'''r'""'I''' nMl"'ln~o-r'V'. ~n I ..Lo" 1"'1..:.... e....... ""I~Tn.,,~,... .",..... .. ____'_A__ .__ Ca' '" ~ c: . a· S.s:~ :. ...,...... %::: .c z-o z. :~ z a:: C c i ..; "' .' III1 i Iii I ; Iii! . 'Ii II II . II ~ '" I : : I:; . Ii 1ft I ¡ "II _ ¡i' In ' ;. _ i < ", ! Un III, ill ~ hi! II! " " " " " " I: z " " 0 " " - {" ... '. I~ A I " ....., :: >1 " III ,I ,:".,J! :1 w " , 'j II . I¡ Of " I :' <C( '-, I:'!' '1'1' it ..~i; , II ~ - . ..;J &-.. J t. . " . o ~ I I I. II . ! II . hilI,; ", I I I' .I\'~ .".. ..... H ~ ~. : :~ ij 'I 'Iii Å :'1 'If" ! t~ ;. II ~ ~ &-' .., -] :1 .:: ..J :¡ w " " " ... " II ~ ...... " II (!)! II _." :: Q£ ~ t@e>- 'J i' m:;,,¡ 1:~k [ ? ~I', ',([ I :.. i.1il.!j 'J I . II~.~I ~ WI; j þ~ J ~) t. íi! '-<1 .., " " " , ',"~' z , ,,~, 0 11 - :11- -...~I ~·.I 0( :¡;..: > " :1 ILl -" " I '11 h '. ¡ '.. .. c .. .. ~<~~ .... 0...: w'~ 0- < o en o < ... : ,',~ ,- 11'-0" 2.5" RETAINER 5'-9" 9'-9" ~ 8'-0" ~ \, -. - , ~ ,( IIECT ~ fIlE1'IoWE /1ItACKlNG # THIS DRAWlNC IS THE PROPERlY OF .:»1 3/6- ~ T-o" Rð-DC0f74.CDR '~tJÞVø- lOMER --- CtJSlÐMER APPIIOVAl XMUFFLER&6RAKE ,,^RRIN ~OiJ~@]i~~ ~&9J~ !IIESS SAlESR£P. J75 MINNESOTA AVE, N. 1610 E. CUFF RD. lOCK 6. ORONOCO, MN ffi'6O BURNSVlUE. MN 'iffl7 STATE DATE DATE PHONE / 'i(1l."/j/ .26J1 PHONE /612-394-2421 NHA55EN MN '1213199 FAX / 'i07."/j/.'1liß FAX /612-894.'1748 1'5 USED, IMPORTED IMAGE -- 5W155121 6T II WORK ORDER #, N/A r/ ~ b ~ I I f I ~---< ¡ ! I I @) ~ G3 ~ § ~ ~ ¡{, ~ @ ¡Q § E §3 ~ ~~ 12 y ". ~!::~ ~ ... j$ !žl!l ::IZ o~ ·u :Z:w "'''' 3D: ~5 U... iL... ~w i ! u ~ I 'Ii I i I II i II ¡hili [I ~; UIi~;P u I~ h ! ! I ~III i ! I I u i!~ I Ii. ~ ~!¡> Z'" E.II ~'" ...:ii w iÎ~l~ Ih ì 82 9 ...!!I-- i!§!i i~1 ¡ !". I ¡¡ I'~ ~" " ~h~ ~I; . ~~-; ~~h .. Ii I hi i hlh~ I ~~ 5 ~ h §~~ ~ ~! I ~. - ~~ I§ = ~ H ~ I~ i ~"-~.. , ----- ii~U ~jU ~ ilii 1<> ~I~ i~ i g¡ !". I ~ Ii ~ b I,"" '" w ~ ~ . ~ :r " u Iii " ~ '~~ ~ . ;IU ~I-~ ~ h o--to ... -----I I-m-i .f.- .. Ii I hI ¡ ~ I I Z . ~~ ~ d I 22 5Hia~~ ~ ~! ~ ~. ~ II I! t I CITY OF CHANHASSEN 690 City Ctnter Drivt, PO Box 147 ChIlnhl1Jsm, Minne,.14 55317 PhoTJ/612.937.1900 Gtneral Fax 612.937.5739 EngWtring Fax 612.937.9152 Public Safety Fax 612.934.2524 Wib www.ci.chanhl1Jsen.mn.UJ TO: Bob Generous, Senior Planner FROM: Mark Littfin, Fire Marshal DATE: December 13,1999 SUBJECT: Request for Conditional Use Permit to operate a Car X Muffler and Brake Shop (Auto Services Center) at 60 Lake Drive East on property zoned BH, Highway Business District, Cook Properties, Chanhassen LLC. Planning Case: 99-5 CUP I have reviewed the plans for a conditional use permit for the above project. In order to comply with the Chanhassen Fire Department/Fire Prevention Division, I have the following fire code or city ordinance/policy requirements. The site plan is based on the available information submitted at this time. If additional plans or changes are submitted, the appropriate code or policy items will be addressed. I. When the building was originally built, because of the building occupancy classification, it was not required to be fire sprinklered. However, because the occupancy is changing ITom a B-1 B-2 to an H-4, State Building Code requires that the building be fire sprinklered in accordance with NFPA 13. Pursuant to Chapter 1306, Department of Administration, Minnesota State Building Code # 1306.0 I 00 Subdivision 2. 2. The building must comply with Chanhassen Fire Department/Fire Prevention Division Policy #04- I 99 I. Copy enclosed. gc\safety\ml\bg99-S The City ofChauhassel/. A fl'owinuommunitv with cltJln lakes. aualiwschooli. a charmin, downtown. thrivin, businesses. and beautiml parks, A mat Place to live. work. dI CITY OF CHANHASSEN Cit), Center Dr;"", J>O Box ]47 1,!IIf,il.i.if¡l, MÙ1II60{¡¡ 5531~ Pf,oJl,612,9T,I900 ~'I}l'Iìr! ¡;/X 612.9.F 5___19 ;ì¡J('crj'lg h1.\" 6/2.9.)-.91 5~ ii,' S,!i¡~)' f:¡x 612. Y.ìi.l52·¡ /1 Ii 'Ii'll ~ ( I. 1'/1,,' i ¡ f,'¡.(i{'ll, ;;l ; i if' .'1,{)rrll,IIIII,I,·\·/'ll '!/f"i"'" . ; . : ~.. t CHANHASSEN FIRE DEPARTMENT POLICY CHANHASSEN FIRE DEPARTMENT NOTES TO BE INCLUDED ON ALL SITE PLANS 1. Fire Marshal must witness the flushing of underground sprinkler service line, per NFP A 13-8-2.1. 2. A final inspection by the Fire Marshal before a Certificate of Occupancy is issued. 3. Fire Department access roads shall be provided on site during all phases of construction. The construction of these temporary roads will conform with the Chanhassen Fire Department requirements for temporary access roads at construction sites. Details are available. 4, Onsite fire hvdrants shall be provided and in operating condition during all phases of construction. 5. The use of liquefied petroleum gas shall be in conformance with NFPA Standard 58 and the Minnesota Uniform Fire Code. A list of these requirements is available. (See policy #33-1993) 6. All fire detection and fire suppression systems shall be monitored by an approved UL central station with a UL 72 Certificate issued on these systems before final occupancy is issued. 7. An 11" x 14" As Built shall be provided to the Fire Department. The As Built shall be reproducible and acceptable to the Fire MarshaL (See policy #07-1991), ChanhassenFire Department Fire Prevention Policy #04-1991 Date: 11/22/91 Revised: 06/05/98 Page 1 of2 " , 'I,' /'''''' .,.J I.· , t',"--' 'I.',l,.J;" 8. An approved lock box shall be provided on the building for fire department use. The lock box should be located by the Fire Department connection or as located by the Fire Marshal. 9. Hi!!h-piled combustible stora!!e shall complv with the requirements of Article #81 of the Minnesota Uniform Fire Code. High-piled combustible storage is combustible materials on closely packed piles more than 15' in height or combustible materials on pallets or in racks more than 12' in height. For certain special-hazard commodities such as rubber tires, plastics, some flammable liquids, idle pallets, etc. the critical pile height may be as low as 6 feet. 10. Fire lane si!!na!!e shall be provided as required by the Fire Marshal. (See policy #06-1991). 11. Maximum allowed size of domestic water service on a combination domestic/fire sprinkler supply line policy must be followed. (See policy #36-1994). c¿ /// 0f'~¡;(:r-- Chanhassen Fire Department Fire Prevention Policy #04-1991 Date: 11/22/91 Revised: 06/05/98 Page 2 of2 Approved - Public Safety Director NOTICE OF PUBLIC HEARING PLANNING COMMISSION MEETING WEDNESDAY, .JANUARY 5, 2000 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 690 CITY CENTER DRIVE PROPOSAL: Conditional Use Permit for a Car X Muffler and Brake Shop Iy" (J/ ¡ 11','! r:\. 'J" v Il'c' .j' \ LI ,', 0',,1) , /) ~ f / , , I ; " , ~: APPLICANT: Cook Properties LOCATION: 60 Lake Drive East NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Cook Properties-Chanhassen LLC, is requesting a conditional use permit to operate a Car-X Muffler and Brake Shop (auto services center) at 60 Lake Drive East on property zoned BH, Highway Business District. 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 Chair will lead the public hearing through the following steps: 1. Staff will give an overview 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. Questions and 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 Bob at 937-1900 ext. 141, 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 December 23, 1999. ~, I I Smooth Feed Sheets™ CUFFORD L WHITEHILL 6247 INDIAN NEADOW ORLANDO, FL 32819 SYSTEMS CONTROLINC 9555 JAŒS AVE S SUITE 220 BlOOMINGTON, MN 55431 MCDONALD'S CORP (22-157) PO BOX 6620.7 AMF O'HARE CHICAGO, IL 60666 DYS PROPERTIES 4711 SHADY OAK RD HOPKINS, MN 55343 CHANHASSEN HOLDING CO 1420.1 EXCELSIOR BLVD HOPKINS, MN 55343 DORN BUILDERS INC C/O MARATHON MANAGEMENT JNC 270.1 UNIVERSITY AVE SE MINNEAPOLIS, MIl 55414 THOMAS M & KRISTIE A KOTSONAS 8001 CHEYENNE AVE CHANHASSEN, M'I 55317 JAMES R & JANICE GILDNER 8003 CHEYENNE AVE CHANHASSEN, MIl 55317 MICHAElA & CYNTHIA K KOENIG II, 8005CHEYENNEAVE CHANHASSEN, MIl 55317 PATRICIA M DOLAN 8007 CHEYENNE AVE CHANHASSEN, MIl 55317 ,., --~"'" . , , ALEXAJ<RÐIGB. 8009 œEYENNEAVE CHANNASSEN, AlII 55317 1mCHIIB.Ð'& S1IRNi J PETERSEN 8010. CHEYENNE AVE -CHANHASSEN, MIl 55317 t.ORERR JOHNSON & MAR'fWAYJOI_T' 8011 CHE'IENNCAVE CHANHASSEN, MIl 55317 STEVEN & ESTA KATKIN 80.12 CHEYENNE AVE CHANHASSEN, M'I 55317 TERRY J & MARGARET A LEWIS 80.13 CHEYENNE AVE CHANHASSEN, M\I 55317 DANIELP & LINDA MROBINSON 8014 CHEYENNE AVE CHANHASSEN, MIl 55317 MARILYN MARGARET STEWART 80.15 CHEYENNE AVE CHANHASSEN, MIl 55317 VALBORG A.swEDBERG TRUSTEE OF TRUST 8016 CHE'IÐ*lEAVE CHANHASSaI, M\I 55317 ROBëRT W& KATHY A TOENJES 8013CMEYE!NNEAVE CHANHASSEN,MII,55317 GAYlON R & LINDA 0 RUST ,aG.17.CHEY.ENNE SPUR CHANHASSEN, 1\111 55317 Use template far 5160® GLENN A & BONNIE LEE HAGEM".N 80.21 CHEYENNE SPUR CHANHASSEN. MI 55317 WALTER E & ANNE T THOM>SON 80.00 DAKOTA AVE CHANHASSEN, MIl 55317 MICHAEL D KRAINES & JULIE A SONDERUP 80.0.2 DAKOTA AVE CHANHASSEN. M'I 55317 ERIK M & KERRY A SELLM".N 80.0.3 DAKOTA AVE S CHANHASSEN, MIl 55317 GERALD H & MARILYN M WASSINK 80.04 DAKOTA AVE CHANHASSEN, MI 55317 PATRICIA A HEGSTROM 80.05 DAKOTA AVE CHANHASSEN, MI 55317 JOHN Q & DONNA M SOLBERG 8006 DAKOTA AVE CHANHASSEN, MI 55317 RAYMOND & KATHERINE KNIGHT 80.77 DAKOTA CIR CHANHASSEN, MIl 55317 LEE & PATRICIA JENSEN 80.0.9 DAKOTA CIR CHANHASSEN, MI 55317 WALTER & KATHLEEN SCHOLLM".N 8011 DAKOTA CIR CHANHASSEN. MI 55317 Smooth Feed Sheets™ Use template for 5160@ WTON & MARGARET SODETANI '5 ERIE AVE "'NHASSEN, M'I 55317 3ERT 0 PAULSEN & 3ER S & DONNA M PAULSEN ß ERIE AVE \NHASSEN, M'I 55317 I CORPORATION CRAIG KESSEL ) METRO BLVD #560 'llEAPOLlS, M'I 55439 MAS J & SANDRA M KOEPPEN I ERIE AVE NHASSEN. MIl 55317 'HW&LYTLE Y ANN ROSSUM ERIE AVE NHASSEN. MIl 55317 ~KE BROS INC ARBORETUM DR OX7 ORIA, MN 55386 'd ....,__..,-= .. . 1("'""(\, \.,. ~j OF T~,r Minnesota Department of Transportation Metropolitan Division Waters Edge 1500 West County Road B2 Roseville. MN 55113 December 14, 1999 Mr. Bob Generous, Senior Planner City of Chanhassen 690 City Center Drive Post Office Box 147 Chanhassen, Minnesota 55317 Subject: Site Plan for Car-X Muffler and Brake Shop Site Plan Minnesota State Trunk Highway No.5 Dear Mr. Generous: The Minnesota Department of Transportation (MnlDOT) has reviewed the above-referenced site plan and has no comments, as this is a change in use that should have the same or less traffic impacts than the existing/previous use (i.e., State Vehicle Inspection Facility), Thank you for submitting this site plan to our agency. Please address all future correspondence for development activity such as plats, site plans, environmental reviews, and comprehensive plan amendments to: Sheny Narusiewicz MnlDOT - Metro Division Waters Edge 1500 West County Road B-2 Roseville, Minnesota 55113 Feel ftee to contact me at (651) 582-1771 if should have any questions. fjerel:, P~h Senior Transportation Planner/Local Government Liaison cc: MnlDOT Division File - C.S. N/ A Mn/DOT LGL - Chanhassen r~"""'- 2 ('; 1999 An equal opportunity employer ~. Î' :{ . CHANHASSEN PLANNING COMMISSION REGULAR MEETING JANUARY 5, 2000 Chairman Peterson called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Craig Peterson, Ladd Conrad, Alison Blackowiak, Matt Burton, Deb Kind, LuAnn Sidney, and Kevin Joyce STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior Plarmer; Sharmin Al-Jaff, Senior Plarmer; Cynthia Kirchoff, Plarmer I; and Dave Hempel, Assistant City Engineer PUBLIC HEARING: REOUEST FOR A CONDITIONAL USE PERMIT TO OPERATE A CAR-X MUFFLER AND BRAKE SHOP (AUTO SERVICES CENTER) AT 60 LAKE DRIVE EAST ON PROPERTY ZONED BH. HIGHWAY BUSINESS DISTRICT. COOK PROPERTIES- CHANHASSEN LLC. Bob Generous presented the staff report on this item. Peterson: Any questions of Bob? Sidney: I guess one question Mr. Chairman. Could you explain what condition 5 is please? Generous: Condition 5 is for a one hour occupancy separation. That's just putting in a fire wall to retard or slow down any fire spreading between the repair section because they're using that welding equipment and torches. Sidney: Okay. Kind: Mr. Chairman, I have a question about number 9. Condition number 9. No outdoor storage of any kind and any vehicles left overnight shall be stored in the building. I'm wondering if we can, if there's any more teeth that we could put to that. My issue is related to Abra and their outside storage of trash and that sort of thing. Do we have any fines that can be enforced when that happens? Generous: There's a separate nuisance ordinance that would cover that but we could void their conditional use permit if they, we find them in violation of the conditions of approval. Which in effect would close the business down. I don't know how much more teeth you would need than that. Kind: Than that, yeal1. And is that, does that need to be stated as a condition or is that just the way it is? Generous: That's established in the ordinance. Planning Commission Meeting - January 5, 2000 Kind: Okay. Well that seems pretty sufficient to me. Peterson: Bob on the hours of operation, does that parallel with currently the closest business type establishment to it of Goodyear? Generous: They have longer hours. This is, the applicant actually put in these hours. He said that's all he could work. That's all he can find individuals to work for. Peterson: Should we be a little bit more proactive and give him the same hours as the other so he won't have to come back for a change later? Generous: Well that was my question to him and he said this is all he could staff. Aanenson: Maybe could I address that. I think with the Abra Goodyear we had that same concern of hours of operation. It was a neighborhood concern there regarding noise, the height of the door. Alison can probably comment on that too. They did come back and ask for some issues. Some changes. I think what Deb stated, how much teeth we have, there's an opportunity to put some leverage if they're complying with the ordinance than you may want, and they do want to extend the hours, there's an opportunity to change it but I think that's what they're willing to go with. It seems to be a good neighbor and we would support that. If they want to change it, they're following the conditions of the permit and I think you'd probably look favorably on extensions of those. Peterson: Point well taken. Other questions? BIackowiak: Mr. Chair I have one question. I didn't see anything addressed regarding outside speakers or telephones. Do you have any problems with us setting a condition to address that issue? Generous: That would continue what was approved under the previous conditional use so no. Blackowiak: So does the previous conditional use then run with the property or just runs with the? Generous: Well it runs with the use that was approved previously. So the Emissions Control have those conditions specifically. Blackowiak: So this would be consistent with neighboring uses? Generous: Yes. BIackowiak: Okay. So we should probably then add that I'm assuming. Okay. Peterson: Other questions? Thanks you. Would the applicant or their designee wish to address the commission? If so, please come forward and state your name and address please. 2 Planning Commission Meeting - January 5, 2000 Brian Cook: I'm Brian Cook. I'm sorry I couldn't hear your, oh this is my brother Gary. I couldn't hear what you were saying about the hours. Aanenson: What we do with Abra-Goodyear, they also had a little bit more restrictive hours. They came in and asked for an extension of those hours. The Planning Commission and the Council did extend those hours. So what we're saying is if you're applying with the conditions which goes to the concerns that Commissioner Kind had, how can we make sure that you're complying with the conditions. You've asked for those hours. It sounds like they seem amenable and if you want to extend those and you were following the conditions, that they would probably extend those if they're good neighbors. Brian Cook: Well, I'd like to ask now that we go ITom 7:00 til 7:00 and just give me a little leeway. I know I did happen to call Goodyear before I came and they're open ITom 7:00 til 9:00 and I think 7:00 til5:00 on Saturdays. They're open Sundays too. I'm not going to do Sunday hours but we do have a store in Bloomington and it is open at 7:00 in the morning. We don't do a whole lot of business. What we get is a lot of people dropping cars off and then getting rides to work. So I'm not planning on opening at, when we open up but I'd like to have that option of maybe opening at 7:00. If the business is there, you know I don't know if people are going to use it that way. Peterson: We'll consider that. Anything else? Brian Cook: No. Peterson: Okay. Any questions of the applicant? Thank you. Brian Cook: Thank you. Peterson: This is a public hearing. May I have a motion and a second please. Kind moved, Sidney seconded to open the public hearing. The public hearing was opened. Peterson: Anyone wishing to address the commissioners during this public hearing, please come forward and state your name and address please. Kind moved, Burton seconded to close the public hearing. The public hearing was closed. Peterson: Commissioners, your thoughts? Comments? Kind: Mr. Chair? I'm fine with having the hours be 7:00 to 7:00. That's what was approved for Goodyear, which is their neighbor and competition perhaps. And then I like the idea of the no outdoor speakers that Alison brought up. Otherwise I think the staff report is very complete. Peterson: How do you feel about the Saturday hours? Leave them.. . 3 Planning Commission Meeting - January 5, 2000 Kind: Leave them the way they are in condition number 8. Since they didn't speak to that. Peterson: Okay. Any other thoughts? Burton: I think the condition about the phones is a good condition to carry through and the speakers. Peterson: I'll entertain a motion. Blackowiak: I'll make a motion that the Planning Commission recommends approval of Conditional Use Permit #99-5 to permit a Car-X Muftler and Brake, Cook Properties, Chanhassen LLC, subject to conditions 1 through 11 with condition 8 being revised to read the shop hours shall be ITom 7:00 a.m. to 7:00 p.m., Monday through Friday, and 8:00 a.m. to 3:00 p.m. Saturday. Changes to the hours must be approved by City Council. And then addition condition 12. No outside speakers or telephones. Kind: Second. Peterson: It's been moved and seconded. Any discussion? Blackowiak moved, Kind seconded that the Planning Commission recommend approval of Conditional Use Permit #99-5 to permit a Car-X Muffler and Brake, Cook Properties- Chanhassen LLC, subject to the following conditions: 1. Three understory trees shall be planted in the landscape area along the east property line. 2. Applicant shall add one overstory tree to the landscape/sod strip around the parking lot that runs parallel to the east property line. 3. When the building was originally built, because of building occupancy classification, it was not required to be fire sprinklered. However, because the occupancy is changing ITom a B-1 B-2 to H4, State Building Code requires that the building be fire sprinklered in accordance with NFPA 13. Pursuant to Chapter 1306, Department of Administration, Minnesota State Building Code #1306.0100 Subdivision 2. 4. The building must comply with Chanhassen Fire Department /Fire Prevention Division Policy #04-1991. Copy Enclosed. 5. A one hour occupancy separation is required between the office/waiting area and the repair area. 6. The building must meet the requirements of Minnesota Building Code Chapter 1341 regarding accessibility for existing buildings. 7. A separate sign permit shall be required for each sign proposed on the site. 4 Planning Commission Meeting - January 5, 2000 8. The shop hours shall be ITom 7:00 a.m. to 7:00 p.m. Monday through Friday and 8:00 a.m. to 3 :00 p.m. Saturday. Changes to the hours must be approved by the City Council. 9. No outdoor sìÓtage or any kind and any vehicles left ovemight shall be stored in the building. - 10. Repairs to vehicles may not be performed outside the building. 11. The monument sign base shall be consistent with the building material. 12. No outside speakers or telephones will be allowed. All voted in favor and the motion carried unanimously. PUBLIC HEARING: CONSIDER AN AMENDMENT TO PERMIT AUTOMOBILE RENTAL IN THE BH. HIGHWAY BUSINESS DISTRICT TO BE LOCATED AT 227 WEST 79TH STREET. ENTERPRISE RENT-A-CAR. Cindy Kirchoff presented the staff report on this item. Peterson: Questions of staff? BIackowiak: Mr. Chairman, I've got a question. Can you talk to me Cynthia about the difference between the 1.2 parking spaces per rental vehicle and the formula you've got, 1 parking space per each 500 square feet of floor area. How do they mesh? Kirchoff: We just simplified it. Rather than having two separate criteria, we just meshed them into one. So point 2 is the same as 1 per 5. So now we have 1.2 spaces rather than 1 per rental vehicle and then another one for every 5 rental vehicles. Blackowiak: Okay. I'm looking at the back part when it talks about 1 parking space for each 500 square feet of floor area. So how does it, I mean. Kirchoff: Those are two separate issues. That's under the parking standards. That's for the office use and number 11 refers only to the parking spaces for the rental vehicles. Blackowiak: Okay. SQ they're okay. So if they have 10 rental vehicles, they're going to have 12 parking spaces basically. Plus whatever it requires for the office personnel. Kirchoff: Correct. Blackowiak: Okay. ~at, I'm clear on that. Thank you. 5