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6 Amend to Permit Auto Rental CITY OF CHANHASSEN o City Cmttr Drive, PO Box /47 7ha1llumm, Minn"ol4 553/7 Pho", 6/2.937./900 GrnlTlzI Fax 6/2.937.5739 "gi""ring Fax 6/2.937.9152 ,blic Saftty Fax 6/2.934.2524 rtb www.ci.clxlTIhassrn.mn.Uf b MEMORANDUM TO: Scott BotCher, City Manager FROM: Cynthia Kirchoff, Planner II DATE: JaI1ÍJa!y'19,2000 RE: Request for a Zoning Ordinance Amendment to allow Automobile Rental Facilities as a Conditional Use in the BH, Highway Business District BACKGROUND Enterprise Rent-A-Car is requesting a zoning ordinance amendment to the BH district regulations to locate their operation at 227 West 79th Street, in conjunction with Master Collision Group (auto body repair). This site is zoned BH, Highway Business. The zoning district extends from Market Blvd. east to the county border and south Iiomthe railroad right-of-way to TH 5. It also includes the area directly north ofChanhassen Estates (Lake Drive East and Dakota Avenue). The zoning district is located within the Highway 5 Overlay District. The zoning ordinance does notpennit automobile rentals in this district. Automobile sales are also prohibited. . Automobile salewn:perm.itted as a conditional use in the BF, Fringe Business District and !he BG. General Business District. Vehicle rental facilities are a cQnditionaluse in the.BF~ .Fringe Business District. These two are the least restrictive of the business districts. The intent of the BH, Highway Business District is to provide for highway- oriented commercial development restricted to a low building profile. That is, uses that are best suited tQ be located along a major roadway for access or visibility. The majority ôf the permitted uses in the district are services (e.g" banks, fast food œstauraUts). The conditional uses are as follows: I. Reserved. ~ SupennadætS; 'iJ/..Qnâttvêhicle5ales. (e.g., motorcycles, mopeds) 4. Screened outdoor storage. 5. Ante service centers. 6. Gardencenters. 7. COOveniencemres with gas pumps. 8. Motor fuel stations. 9. Emission control testing stations. 10. Commercial towers.as regulated by article XXX of this chapter. ïr¡ of Chanhas,rn. A K/Vwin¡ eomm.nil1with eltan /ahs,'~ ~W, a ch~ doumtDwn, thrivinf busin",,,, and b,a.tifùl park,. A mat plac, to Ii,,,. Uiorb. nn¿ ./.. ZOA for Automobile Rentals January 19, 2000 Page 2 Conditional uses are only <>pptt,priate wh~l.'they meet the standards specified in the zoning ordinance. For instance, motøI'Jùc:l.stations must meet 8 standards specified in the zouing ordinance suèh-m; - ._MIñii14<....fromxesidential areas and other gas stations. The purpose ofyequiring a coDíJitional usC!'ermit (CUP) is to mitigate any potential adverse im.pacts to adjacent propertieÙForinstanœ, the standards for aµtomobile sales prohibit repair of vehicles on the site, public address systems and test-driving vehicles on residential streets. Furthermore, the City can require other conditions necessary to mitigate potential negative impacts at the time of permit review. Staff believes autom.obile rental facilities should require a conditional use permit to operate in this district. .. ANALYSIS Although this requesfisforamning ordinànce amendment to permit Enterprise Rent-a-Car to operate on a specific site in the..BH zoning district, staff is reviewing the request as though the use could operate on anyparcê1'in that district. That is, an ordinance must be drafted that addresses all potential users. An automobile rental operation hasthel'otential to adversely impact adjacent properties (e.g., noise, traffic, brighflights) sö a conditional USe permit shoUld be required. In this instance, the subject site abulsftSidentialIY!loned-propefly and TH 5. Requiring a CUP will allow additional conditions to be'3ttæhed:to !he use. Typically, parking, lighting, signage, landscaping/screening, outdoor storage and o(ker,miSøétlaneous ÎtlSUes (e.g., intensification of operation) are taken into consideration on mosttt~elo~'1IJ'plications. 1":_ . . ~-.. Staff reviewed the automobile sales standards and zoning ordinances from other communities and devised the following 13 potential standards for automobile rental facilities to operate with a conditional use permit. The standards Witt permit a facility that will primarily serve our community, rather than provide a regional service. The purpose of each of the standards is noted in the in parenthesis. ,1. 2. "--.~- 3. 4. 5. 6. , ".'"",.-. ;. ,""" No unlicensed andinopelåtive vehiélesshall be stored on the premises. (outdoor storage) All maintenance, repair and washing of vehicles shall occur within an enclosed building. (outdoor_~ge;..t~ BOise) No outside stciräge,oc.display is allowed, except vehicles for rent. (outdoor storage) Parking setback shall bc:i"applicable for automobile parking/storage areas. (parking) Required customer and (:IIlploy& parking spaces shall not be used for rental vehicles. (parking) Vehicle sales are prohibited. (di~tinguishbetween rental and dealership) ZOA for Automobile Rentals January 19, 2000 Page 3 ~.. I < il 't 7. Parking must be on an improved surface. (addressed in parking ordinance) 8. No flags, balloons, banners, signs, pennants, ribbons, streamers, or whirling devices shall be attached to vehicles. (addressed in sign ordinance) 9. The number of rental vehicles shall be limited to twenty (20). (control intensification of site; guarantees its community orientation versus regional) 10. Only automobiles continuously owned by the automobile rental agency will be stored or cleaned on the property. (outdoor storage) II. No outdoor speaker system shall be permitted. (noise/nuisance) 12. Landscaping shall comply with article XXV. (screening) 13. Parking spaces allocated for rental vehicle storage shall be designated. One (1.2) parking space shall be provided for each rental automobile. (parking) The number of conditions has been reduced to 11, as 2 (#7 and #8) are addressed in other portions of the ordinance. The remaining II standards attempt to mitigate issues so that the use is not detrimental to neighboring properties, particularly residential. Foremost, it attempts to limit the size and scope of the automobile rental facilities to prevent expansion and intensification. The limit on the number of vehicles is based upon information received from other rental agencies. Staff is confident the limit of 20 vehicles will ensure it is a community, rather than a regional operation. Furthermore, the City does not want the automobile rental operation to evolve into automobile sales. Requiring this use to comply with standards will ensure it will be a good neighbor. Staff believes an automobile rental facility, on a limited scale, will benefit residents. Since auto service centers are only permitted in the BH District, automobile rental facilities will be a compatible use and a convenience for those needing a second vehicle while theirs is being repaired. Condition number 13 addresses parking for the rental vehicles only. Staff is amending the parking ordinance (Sec. 20-1124) to require I parking space per 500 sq. ft. of floor area for the office portion of the business. This will ensure that adequate parking is provided for employees. Staff recommends approval of the zoning ordinance amendment to permit automobile rental facilities as a conditional use in the BH, Highway Business District with 11 standards and an amendment of the parking standards to require parking for the rental office. Since this is only a zoning ordinance amendment, Enterprise Rent-A-Car will be required to apply for a conditional use permit ifthe amendment is approved. ZOA for Automobile Rentals January 19, 2000 Page 4 PLANNING COMMISSION UPDATE On January5¡ zøoo¡>tftePlanning Commission reviewed this request. The zoning ordinance amendment was recommended for approval by a vote of 5 to 2. Two of the members feltihe requirement that the automobile rental facility use be ancillary to a primary use was too restrictive. Concern was also expressed that 20 cars is too many. Also, the Commission discussed adding two conditions to the standards for the rental facility. Namely, prohibiting outdoor telephones and signs attached to the rental vehicles. These concerns are included in the updated ordinance amendment in Attachment 4. They also requested staff draft a definition of "automobile" to prohibit the rental of trucks or other vehicles. The following definition is proposed as shown in Attachment 4, "A self- propelled, free-moving vehicle with four wheels used to transport not more than seven passengers and licensed by the appropriate state agency as a passenger vehicle." The limit on seven passengers will permit mini-vans to be rented. All in all, the commission supported the ordinance amendment. RECOMMENDATION Staff recommends the City Council adopt the following motion: "The City Council approves the zoning ordinance amendment #99-3 (Sec. 20-296, Sec. 20-714, Sec. 20-1124 and Sec. 29-,.1) 10 permit automobile rental facilities as a conditional use in the BH, Highway B1Is¡n"~~. .f)is!ri&t as shown in Attachment 4." ATTACHMENTS 1. Application and letter. 2. BH, Highway Business District 3. Ordinances from Shakopee and Bloomington 4. Revised Ordinance Amendment 5. January 5, 2000 Planning Commission Meeting Minutes g:\pJan\ck\zoning ordinance amendmems\auto rental in bh.doc A1TÃt+W1 ~T 4- f f CI"Y OF CH¡\NH¡\SSEN CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937·1900 DEVELOPMENT REVIEW APPUCATlON DEC 06 1999 '1 , t " \:H...!v,~".___.. .. '. .,._vctlì 'Æ , ';( í ~A-~') APPLICANT: ÞN'ferz.p(l,j'ø6.. Q~r·A--CIU' j ~se"¡ ADDRESS: '1 rOo #-..f. lot; N·t.. ~~A'~ k..,b PPri'-k. rr..J <:;5'13'- TELEPHONE (Daytime) «() 12- ~5'1- 83(., ~ OWNER: G"'r. ÔC'b..,,J . ADDRESS: ::J1e;- '1\. ì'lTJ ~í(e&.ï c..l...J\...:.5sé.J v1-\r4. 5'5'311 TELEPHONE: (",2. - q ~~ - 2.15':) _ Comprehensive Plan Amendment _ Temporary Sales Penn~ -.. Cond~ionaJ Use Penn~ - Vacation of ROW/Easements - Interim Use Penn~ - Variance _ Non-confonning Use Perm~ - Wetland Alteration Permit _ PJanned Un~ Development· _ Zoning Appeal _Rezoning 2S. Zoning Ordinance Amendment r- .. _ Sign Permits _ Sign Plan Review _ Notification Sign - SiIe Plan Review· ...x.. Escrow for Filing Fees! Attorney Cost·· ($50 CUP/SPRlVACNARlWAP/Metes and Bounds, $400 Minor SUB) - Subdivision· TOTAL FEE $ Þ'ÿ{ XJ. VC/ A ßst of aU property ovmers within 500 feet of the boundaries of the property must be Included wIth the application. ow win be NOTE· When multiple applications are processed, the appropriate fee shall be charged for each application. ./ PROJECT NAME £'-rf3.fl_t'Øt'zI(L. ~FT\í-"'-~AR.. ./ lOCATION rl-~"~. 1·\"T.! '5T'I"\Ì&í I LEGAL DESCRIPTION TOTAl ACREAGE WETlANDS PRESENT PRESENT ZONING B }-f REQUESTED ZONING PRESENT LAND USE DESIGNATION / REQUESTED LAND USE DESIGNATION .¡ . REASON FOR THIS REQUEST Z'b..J ;rI& (9 r,L.JiIw tñ... Am¡:.N) "'1>./""- --(7J A//()y./ r e.r; 0+ I C-A- f- C"I P 1õQ.A TI ðI-! . YES NO This appfication 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 name 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 Trtle 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 y the applicant. er lication Received on I~( 01 OjC\ /z-/~/c¡'t I Dåte ,/...¿~/r te 'p CO 00 C Fee Paid ry¡. Receipt No. 7 I c¡ 0 L , 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. C11"V OF CHANH,.S5EN ~-""-"'I':f') ÐEC 0 6 1999 CHA\¡"'~"~""L''t ...,-.-.~,~.,.o,,;I Ut:¡)T TO: City of Chanhassen Cynthia R. Kirchoff FROM: Dave Hanson DATE: November29,1999 RE: Enterprise Rent-A-Car Zoning Approval Enterprise has pursued a strategy of responding to customer demands for local car rental by locating in neighborhood centers, rather than in traditional airport locations. As a result, Enterprise has opened a number of tocations in smaller centers to provide convenient access to customers. These locations provide customer pick·up service from nearby residential neighborhoods. as well as vehicle drop-off. This strategy has met with great customer acceptance, and has resulted in strong growth in Enterprise's rental car business. The Master's Collision location is typical of the retail locations in which Enterprise has sited its "next generation" of rental offices. It is a neighborhood commercial area. close to both residential and commercial centers. serving a trade area of approximately three miles. A small local office is well suited to these locations because there is no rental or leasing signage in the automobiles: no outside display of rental infonnation: all business transactions Occur within the rental office, the use requires onlv I 0 to 15 parking spaces compared to a large airport lot; the automobiles turn over every 12 to 24 hours; there are no oil changes or automobile repairs at these locations: the automobiles are driven 15,000 to 20,000 miles maximum; the hours of operation are very similar to an office or retail location (i.e., 7:30 to 6:00 p.m. Monday through Friday; 9:00 to 12:00 noon Saturday). In addition, the peak period for car rentals is in the morning between 7:00 to 9:00 a.m. This is well before the peak for a neighborhood retail use. Therefore, the use reduces trip generation from the center as compared to a retail merchant. Storage of the majority of the fleet takes place off-site. generally in satellite storage or maintenance facilities. The vehicles are, generally. picked up and dropped off off-site. Step vans and moving vans are not rented by Enterprise in these locations. The largest vehicle is a pickup truck. Generally, Enterprise looks at this operation as providing additional rental service to the local community which now must either travel across town to a regional auto center, or to the airpon. Enterprise will occupy approximately 750 square feet at Master's Collision which is a total of 20,000 square feet. Approximately five stalls will be assigned to Enterprise in the front of the building, and remaining stalls will be provided at the rear of the building. Both areas will be screened as required for the shopping center use. City of Chanhassen November 29, 1999 Page 2 Enterprise's use of parking spaces at Master's Collision will be for the purpose of storing motor vehicles necessary to the operation of the principal use, and will not be more than three-quarter ton capacity. This use can be distinguished from temporary or pennanent outdoor display areas which display and offer merchandise or equipment for sale, rental or lease. The distinction here is that Enterprise does not "offer" the cars for sale or rental, outdoors. In fact, many of their customers never come to the local rental office. They are offered for rental through advertising, through relationships with auto dealers, auto body shops, and through similar means. In no way does Enterprise display or offer its cars for rental, in the pennitted parking areas. This is contrasted with auto dealers who display merchandise on sales lots, and retail discount stores such as Menards and Target, which offer products and display products for sale in areas principally designed for pennitted parking. As we have stated, Enterprise does not put signs or placards in automobiles, list them for sale or rental, or provide for outdoor rental. All rental agreements are transacted indoors, often times off-site. If you drive by the site, there is nothing to indicate an Enterprise rental car other than a small "e" approximately 2" x 2" square on the rear of the car. All7\- cttf./IENT c9- § 20-695 CHANHASSEN CITY CODE designed to require the minimum of maintenance, however, such maintenance as may be required to maintain consistency with the approved plan, shall be the obligation of the property owner. Buffer yards shall be covered by a permanently recorded conservation easement running in favor of the city. In instances where existing topography and/or vegetation provide buffering satisfac- tory to the city, or where quality site planning is achieved, the city may reduce buffer yard requirements by up to fifty (50) percent. The applicant shall have the full burden of demonstrating compliance with the standards herein. (Ord. No. 80, Art. V. § 10{5-10-5), 12-15-86; Ord. No. 94, §§ 1,2, 7-25-88; Ord. No. 136, §§ IA, lB, 1-28-91) See. 20-696. Interim uses. The following are interim uses in the "BN" District: (l) Churches. (2) Reserved. (Ord. No. 120, § 3, 2-12-90; Ord. No. 243, § 4, 2-13-95) Sees. 20-697-20-710. Reserved. ARTICLE XVII. ''BIl'' mGHWAY AND BUSINESS SERVICES DISTRICT See. 20-711. Intent. The intent ofthe "BH" District is to provide for highway oriented commercial development restricted to a low building profile. (Ord. No. 80, Art. V. § 11(5-11-1), 12-15-86) See. 20-712. Permitted uses. The following uses are permitted in a "BH" District: (l) Financial institutions. (2) Fast food restaurant. (3) Reserved. (4) Standard restaurants. (5) Motels and hotels. (6) Offices. (7) Retail shops. (S) Miniature golf. Supp. No.9 1224 ZONING § 20-714 (9) State-licensed day care center. (10) Car wash. (11) Convenience stores without gas pumps. (12) Personal service J!stablishment. (13) Liquor stores. (14) Health services. (15) Utility services. (16) Shopping center. (17) Private clubs and lodges. (18) Community center. (19) Funeral homes. (20) Reserved. (21) Financial institutions with drive-through services. (22) Commercial antennas as regulated by article XXX of this chapter. (Ord. No. 80, Art. V. § 11(5-11-2), 12-15-86; Ord. No. 116, § 6,1-22-90; Ord. No. 122, § 1,2-26-90; Ord. No. 173, § 1, 7-27-92; Ord. No. 259, § 21, 11-12-96) Editor's note-Section 1 of Ord. No. 122, adopted Feb. 26, 1990, added subsection (20) to § 20-712. Inasmuch as there existed a subsection (20), the editor has included the new provisions as § 20-712(21). Sec. 20-713. Permitted accessory uses. The following are permitted accessory uses in a "BH" District: (1) Signs. (2) Parking lots. (3) Temporary outdoor sales (subject to the requirements of section 20-290). (Ord. No. 80, Art. V. § 11(5-11-3), 12-15-86; Ord. No. 243, § 5, 2-13-95) Sec. 20-714. Conditional uses. The following are conditional uses in a "BH" District: (1) Reserved. (2) Supermarkets. (3) Small vehicle sales. (4) Screened outdoor storage. (5) Auto service centers. (6) Garden centers. Supp. No.9 1224.1 § 20-714 CHANHASSEN CITY CODE (7) Convenience stores with gas pumps. (8) Motor fuel stations. (9) Emission control testing stations. (10) Commercial towers as regulated by article XXX of this chapter. (Ord. No. 80, Art. V. § 11(5.11-4),12-15-86; Ord. No. 80-G, § 1, 1-11-88; Ord. No. 91, § 1,6-27-88; Ord. No. 116, § 6,1-22-90; Ord. No. 120, § 4(8), 2-12-90; Ord. No. 137, § 2, 2-11-91; Ord. No. 259, § 22, 11-12-96) Editor's note-Section 1 of Ord. No. 91, adopted June 27, 1988, amended § 20-714 by adding a subsection (5) thereto. Inasmuch as there existed a subsection (5), added by Ord. No. 80-G, the editor has renumbered the new provisions as § 20-714(6). Subsequently, subsections (5) and (6), added by Ord. No. 116, § 6, adopted Jan. 22, 1990, were renumbered as (7) and (8). State law reference-Conditional uses, M.S. § 462.3595. See. 20·715. Lot requirements and setbacks. The following minimum requirements shall be observed in a "BH" District subject to additional requirements, exceptions and modifications set forth in this chapter: (1) The minimum district area is ten (10) acres. This paragraph may be waived by a condition use permit in the case of expansion of an existing district. (2) The minimum lot area is twenty thousand (20,000) square feet. (3) The minimum lot frontage is one hundred (100) feet, except that lots fronting on a cul-de-sac shall have a minimum frontage in all districts of sixty (60) feet. (4) The minimum lot depth is one hundred fifty (150) feet. (5) The maximum lot coverage is sixty-five (65) percent. (6) Off-street parking shall comply with district setback requirements except: a. There is no minimum setback when it abuts a railroad right-of-way, except as provided in sections 20-1191 and 20-1192 pertaining to landscaping require- ments. b. There is no minimum setback when it abuts, without being separated by a street, another off-street parking area. e. The minimum setback is fifty (50) feet when it abuts a residential district without being separated from the residential district by a street or railroad right-of-way. d. The miniinum setback is twenty-five (25) feet for side street side yards. e. Parking setbacks along public rights-of-way may be reduced to a minimum often (10) feet if the applicant can demonstrate to the satisfaction of the city that one-hundred-percent screening is provided at least five (5) feet above the adjacent parking lot. The intent of this section is that the city is willing to trade a reduced setback for additional landscaping that is both an effective screen and of high quality aesthetically. Acceptable screening is to be comprised of berming and landscaping. Screening through the use offencing is not permitted. Supp. No.9 1224.2 ZONING § 20-716 (7) The maximum height is as follows: a. For the principal structure, two (2) stories. b. For accessory structures, one (1) story. (8) Minimum setback requirements: a. For front yards, twenty-five (25) feet. b. For rear yards, twenty (20) feet. c. For side yards, ten (10) feet. d. The minimum setback is fifty (50) feet when it abuts a residential district without being separated from the residential district by a street or railroad right-of-way. e. Buffer yards: The city comprehensive plan establishes a requirement for buffer yards. Buffer yards are to be established in areas indicated on the plan where higher intensity uses inteñace with low density uses. In these areas, a fifty-foot buffer yard is to be provided where the inteñace occurs along a public street, a one-hundred-foot buffer yard is required where the inteñace occurs on internal lot lines. The buffer yard is an additional setback requirement. It is to be cumulatively calculated with the required setbacks outlined above. The full obligation to provide the buffer yard shall be placed on the parcel containing the higher intensity use. The buffer yard is intended to provide additional physical separation and screening for the higher intensity use. As such, they will be required to be provided with a combination of benning, landscaping and/or tree preservation to maximize the buffering potential. To the extent deemed feasible by the city, new plantings shall be designed to require the minimum of maintenance, however, such maintenance as may be required to maintain consistency with the approved plan, shall be the obligatio? of the property owner. Buffer yards shall be covered by a pennanently recorded conservation easement. running in favor of the city. In instances where existing topography and/or vegetation provide buffering satisfactory to the city, or where quality site planning is achieved, the city may reduce buffer yard requirements by up to fifty (50) percent. The applicant shall have the full burden of demonstrating compliance with the standards herein. (Ord. No. 80, Art. V, § 11(5-11-5), 12-15-86; Ord. No. 94, §§ 1,3,7-25-88; Ord. No. 136, §§ IA, m, 1-28-91) See. 20-716. Interim uses. The following are interim uses in the "BH" District: (1) Churches. (2) Reserved. Supp. No.9 1224.3 ZONING § 20-732 (3) Farmers markets. (Ord. No. 120, § 3, 2-12-90; Ord. No. 243, § 6, 2-13-95) Sees. 2()'717-2()'730. Reserved. ARTICLE xvm. "CBD" CENTRAL BUSINESS DISTRICT Sec. 2()'731. Intent. The intent of the "CBD" District is to provide for downtown business development supporting a strong central business district while enhancing the overall character of the community in conformance with downtown redevelopment plan, goals and objectives. (Ord. No. 80, Art. V. § 12(5-12-1), 12-15-86) Sec. 20-732. Permitted uses. The following uses are permitted in a "CBD" District: (1) Bowling center. (2) Retail shops. (3) Offices. (4) Standard restaurants. (5) Liquor stores. (6) Entertainment. (7) Convention and conference facilities. (8) Financial institutions. (9) Health care facilities. (10) Hotels. (11) Specialty retail (including but not limited to jewelry, book, stationery, bible, camera, pets, arts and crafts, sporting goods). (12) Supermarkets. (13) State-licensed day 'care center as part of shopping center. (14) Personal service establishments. (15) Shopping center. (16) Health and recreation clubs. (17) Fast food restaurants as part of shopping center. (18) Utility service. (19) Personal services. Supp. No. 8 1225 .JEC-13-1999 1.1.:13 I\TTftCf-tM-ENr b 612 445 6718 P.Ø2YØ3 . "\ f I ORDINANCE NO. 546, FOURm SERIES .AN OBDINANCE OF THE CITY OF SBAKOPEE. MINNESOTA. AMENDING CIIAPTER 11. ZONJNG, . THE CITY COIJNCIL OF THE CITY OF SHAKOPEE, MINm:SOTA, ORDAINS: Section t -That City Code Chapter 11, Zoning, is hereby amended by adding the languase which is underlined and deletin¡ the langulge which is stmek threugh: . Section 11.3& HIGHWAY BUSINESS ZONE (EM). $ubd. S Conditional Uses L vehicle rental facilities: AND Section 11.&1 PARKING Subd. 4 Required Number of Parking spaces. TABLE 2 3. ss. vehicle rental facilities 1 oer rental vehicle >t 1 oer 500 square feet of floor area AND Section 11.87 CONDITIONAL USE PERMIT STANDARDS FOR BUSINESS ZONES Subd. ~ Specific Standards for Business Zones. RR. vehicle rental facilities 1. shall conduct all maintenance. reaair. and washinG of vehicles withIn a buildlna 2. shall screen all rental car oarkinG areas from adiacent residential DroDe!!les 3. shall aoolY the oarkinQ setback to all areas where vehicles are located 4. rental vehicles must not take uo reQuired customer and emolovee DaMna sDaces . (Subsequent tistings after each addition will be re-Iettered when the code is codified.) Section 2 - - Effective Date. This ordinance becomes effective ITom and after its passage and pub1kation. ,. ·. DEC-13-1999 11:13 612 445 6718 P.03/03 Aðopt-ocl. in ~ sessioD ~ the City Council of the City of Shakopee, Minnesota, held the ~1IIIf or -1..¡" ~ . 1999. ." . ~?!~ . ". at of tile City ofSbakopee lishcd in the Sha1copee ValleyNewaoathe t,ft day of rl/1 .1999. PREPARED BY: City of Shakopee 129 Holmes Street South Shakopee, MN 55379 Part II. Code :Chapter 19 page 55 BLoo /oI'III\16-n>N J I4tJ Page 2 of 4 (d) Conditions of Approval. Conditions of approval may be attached to a tent or canopy permit by the Issuing Authority or the City Council to ensure adequate parking and traffic circUlation, to minimize impacts on adjacent property, to ensure adequate setbacks from property lines, and to otherwise protect the health, safety, and welfare of the community. (e) Findings. Tent and canopy permits will be issued only when the Issuing Authority or the City Council finds the following: (1) The tent or canopy will not adversely impact adjacent property. (2) The tent or canopy will not disrupt traffic circulation or otherwise create a safety hazard. (3) Adequate parking levels will be preserved when the tent or canopy is on site. (4) The tent or canopy will not adversely impact the health, safety, and welfare of the community. (I) Appeal. An applicant may appeal a tent or canopy permit denial or any conditions of approval for a tent or canopy permit to the City Council within thirty days of the denial or approval with conditions. The appeal must be submitted in writing to the Director of Community Development, and must specify the issue or condition being appealed and the basis of appeal. The appeal must be filed at least ten days prior to the meeting of the City Council. (Added by Ord. No. 96-29, 7-15-96; Deleted and added by Ord. 97-34, 8-4-97) [ I9Pofpªg!; ] Section 19.63.07. AUTOMOBILE RENTAL AGENCY PERFORMANCE STANDARDS. (a) Intent. The purpose of this Section is to establish standards for businesses providing short-term rental of automobiles to the general public. These regulations shall apply to businesses operating as permitted or conditional uses in zoning districts where they are allowed. It is the intent of these regulations to restrict such businesses to neighborhood and community service. It is not the intent to allow such businesses to service metropolitan, regional or interstate clients. http://www.ci.bloomington.mn.us/code/p2.phtml?IND=codeI9_55 12/29/1999 ~.' Part II. Code :Cbapter 19 page 55 Page 3 of 4 -¡ (b) Scope ofOpelañoDS. Automobile rental agencies allowed WId« this Code Sball be restricted to tbiese activities: (i) 0fIicc1lKS. (ii) Btomge of reIIIII""';"~ (Iii) ...one :.....:or ..- bihcc:J-iftg and nønnal ,.._="I ~e of taltal vehicles. .' (c) Site and p..ildi"g 81'" J.. .k (i) The automobileadll ~mustbe ¡~ in an office of at leISt 1.000 square feet, excluding vehicle service areas. In die Regional Commercial (CR-l) District, the agency must be located in a multiple tenant building containing at least 20,000 square feet of floor area. (ii) The site and building shall comply with the screening and landscaping requirements of this Code. (iii) Vehicle access to the interior vehicle cleaning area shall be limited to the side or rear of the building. The car service space.shall be 10cated at the side or rear of the building, shall not front on any arterial or collector street, nor sball it face a residential zone or use. (Iv) Parking spaces allocated for rental vehicle storage shall be located in a contiguous area not used by other businesses. They shall be designated and ittentified in a manner approved by the Issuing A.uIhoñI¥. (v) The number ofparkiog 'q)"'".M: used for storage of rental vehicles shall be in excess of the number of spaces required for all other uses on the site. (d) Operational Requirements: (1) Vehicle cleaning and maintenance. (I) Only automobiles continuously owned by the automøbile ren1al agency will be stored or cleaned 0!1 the property. {II) AD ...J....nÎOlg Jmd maintcwaaœ sbaIlOCCUf ........ amtC:omplete1y enclosed widñn the 1Jon1ñ111ß ÎR which the rental agency is located, or off-sitc. (iti) DeAni,,! the maintenance shall be limited to washing, vacuuming and lluid changes and refills. No mechanical repair, body repair, orpainting sball be permitted. (2) Vehicles used and stored at the automobile rental http://www.ci.bloomingron.mn.usI 19_55 12/29/1999 Part II. Code :Chapter 19 page 55 Page 4 of 4 agency shall not be older than two model years. (3) Vehicles used and stored at the automobile rental agency shall not be towed to and &om the site nor shall they be transported by truck or trailer. No towing vehicles shall be parked at the site. (4) No vehicles shall be displayed or located above the elevation of the parking lot area, or on a display raised platform, a berm, planting island, or any landscaped portion of the property. (5) No vehicles shall be displayed or stored in the public right-of-way of any City, County, or State Highway, nor shall they be displayed or stored in any location not designated for such storage as approved by the Issuing Authority. (6) No trucks, trailers, or commercial vehicles, other than rental automobiles shall be rented by the automobile rental agency or stored on the property. (7) The vehicles stored on the property shall not be utilized for display purposes, nor shall such vehicles have rental information displayed on the windows or any other part of the vehicles. (8) No flags, balloons, banners, signs, pennants, ribbons, streamers, or whirling devices shall be attached to vehicles. (9) Notwithstanding other provisions of this Code, no vehicle sales shall be permitted in conjunction with the automobile rental agency. Tbe City shall not approve an application for a license for sale of vehicles issued by the State of Minnesota. (Added by Ord. No. 97-27, 6-16-97) [Top of page ] I prefa~~ I LCltart.!!X I U.Ç-ºdi! I S];ARÇO: II <::Ila~k I Forward> II http://www.ci.bloomington.mn.us/code/p2.phtml?IND=codeI9_55 12/29/1999 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE REGARDING AUTOMOBILE RENTAL FACILITIES IN THE HIGHWAY BUSINESS (BH) DISTRICT THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: SECTION I. Division 4, Standards for Business, Office, Institutional and Industrial Districts, is hereby amended by adding the following section: Section 20-296. Automobile Rental Facilities. (a) Intent. It is the intent ofthis section to limit automobile rental facilities to those that serve the community and neighborhood, are limited in scope and are ancillary to a pnmary use. (b) The following applies to Automobile Rental Facilities as a conditional use in the BH, Highway Business District with the following standards: 1. No unlicensed and inoperative vehicles shall be stored on the premises. 2. All maintenance of vehicles shall occur within an enclosed building. 3. No outside storage or display is allowed, except vehicles for rent. 4. No public address system or outdoor telephones shall be permitted. 5. Parking setbacks shall be applicable for parking/storage areas. 6. Required customer and employee parking spaces shall not be used for rental vehicle storage. 7. Vehicle sales are not permitted. 8. The number ofrental vehicles shall not exceed twenty (20). 9. Only automobiles owned by the rental agency shall be stored on the property. 10. Landscaping shall comply with article XXV. 11. Parking spaces allocated for rental vehicle storage shall be designated. One (1.2) parking space shall be provided per rental vehicle. 12. No signs shall be attached to vehicles. SECTION 2. Section 20-714. Conditional Uses. is hereby amended by adding the following; (11) Automobile Rental Facilities. SECTION 3. Section 20-1124. (2) b shall be amended to read as follows: b. Auto sales, trailer sales, marine and boat sales, implement sales, garden supply store, building materials sale, auto repair, automobile rental facilities-One (I) parking space for each five hundred (500) square feet of floor area. SECTION 4. Section 20-1. Shall be amended as follows: Automobile means a self-propelled, free moving vehicle with four wheels used to transport not more than seven passengers and licensed by the appropriate agency as a passenger vehicle. SECTION 4. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED on this _ day of the City of Chanhassen. , 2000, by the City Council of ATTEST: Scott A. Botcher, City Manager Nancy Mancino, Mayor g:\admin\ord\auto rental.doc Plamñng C-~n Meeting~ 1anuary 5, 2000 8. The shop hours shall be from 7:00 a.m. to 7:00 p.m. Monday through Friday and 8:00 am.. 10 3:00 p.m. Sa1mday. Cbanges to the hours must be approved by the City Council. 9. No~stomgeœaylånd8lld any vehicles left overnight shall be stored in the ~1i1ding 10. Repairs to vehicles may not be performed outside the building. 11. The U1\n1U11>ÇJ.tt sign base«mllbe 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 Kirchoffprescnted the staff report on this item. Peterson: Questions of staff? Blackowiak: Mr. Chainnan. 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, I parking space per eacl1·500 square feet of floor area. How do they mesh? Kirchoff: Wi: 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 I 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 I parking space for each 500 square feet of floor area. So how does it, I mean. Kirchoff. Those are two separ_ issues. That's under the parking standards. That's for the office use and number II rdèrs only to the parking spaces for the rental vehicles. Blackowiak: -okay.Sothey'Ie okay. So if they have 10 rental vehicles, they're going to have 12 parking spaces basicdJy.PJus whatever it requires for the office personnel. Kirchoff: Com:ct. Blackowiak: Okay. Great, tIn clear on that. Thank you. 5 Plamùng Commission Meeting - January 5, 2000 Peterson: I'm a little confused on the, on the need to put down the ancillary to a primary use. If this was in front of us, and this is my personal opinion, and they wanted 200 square feet on a strip mall, or independent, I mean why, help me understand why I woUld be concerned about that. Kirchoff: Well basically we don't want it to turn into a large rental facility. Want it to be more community oriented. Peterson: But if we limit everything else, why do we care whether they're cohabitated or not? Kirchoff: Well it's just another way for us to limit the scope of the operation. Aanenson: Also going back to the city's, we don't have.. . district or the business highway related businesses. Just the fact the aesthetic issue. We screen parking. I think as Cindy's put the criteria together, it'd be difficult to, there's limited number of places these could go to meet the criteria. For example in a strip mall, to put them in the rear, we do allow, at the hardware store there is U-HaUls. Those are required to be screened so there isn't a lot of opportunities to put these in. I guess we felt like if they, if there was a relationship between a hotel or a car repair, that that seemed to work. We didn't want them to become a regional draw. It seemed, that they fit together. That seemed to make some sense. And there was a convenience that's meeting the needs of the community. I guess that's what we're looking at. And if we were approached, I guess that may be an opportunity to re-examine it but we don't think there's a lot of places. If you look at, where we've got a core downtown or even Villages on the Pond, that that may work. It's a good point. Peterson: On the surface I guess I see this as being pretty onerous and you're eliminating basically the one car rental agency that does this and I just find that a little bit aggressive but I can respect the aggressiveness. Other questions? Burton: Yeah, I think I do have one. Is automobile defined? I'm just wondering if it could, if anybody would interpret that to mean they could rent trucks and things like that. Peterson: They limit the, took in the presentation, it was limited to tonnage. Like a 9,000, 9,000 was the max. Pick-up trucks were included as being okay. Aanenson: Sure. That's a good point. We'll make sure that... Kent Beck: My name's Kent Beck. If you'd like me to answer that, I'm with Enterprise. Peterson: We'll get to you in a sec. No problem. Aanenson: That's something we can get some clarification on. If they wanted to rent mopeds or something. Peterson: Other questions? 6 Planning Commission Meeting - January 5, 2000 Conrad: Mr. Chair, how did we pick 20? Kirchoff: Staff spoke with Enterprise and asked how large a facility they normally have and they said 15. We did call a couple other automobile rental agencies and they did say they usually kept up to 20 and we believe that was a reasonable number to use since we did call other agencies, rather than just using rental, or Enterprises' number. Conrad: So the 500 feet is for staff. One stall per staff. Per 500 feet. And they're, given that, I'm looking for, so this one, how many parking spaces will there be in total? Based on what Enterprise might need. Kirchoff: Based on what they're doing? Conrad: Yeah. Kirchoff: They want to have 9 parking stalls, or 9 rental vehicles and they'll have 700 square feet of office. Conrad: So then they get just one. BIackowiak: Well, I get 12...times 1.2 plus 2 for the office which exceeds 500... Kirchoff: Well they will have to come back with the...conditional use permit so at that time they'll. Conrad: Craig, I'd just echo your concern with the ancillary to the primary use. I guess that would be in discussion, not a question to staff right now but I'm not sure if that makes sense. Peterson: Okay, other questions? Kind: Mr. Chairman. I noticed Cindy on the 13 potential standards, you listed no outdoor speaker system shall be permitted and that's, I don't know, it's number 4 now. I'm wondering if going back to Alison's previous comment with the previous item, if we should add phones as well. That would not be a public address system but outside phones ringing is also a neighborhood nuisance. Kirchoff: Sure. Kind: And then where was the tonnage? I'm sorry, where was the tonnage? Peterson: It was in a letter from Dave Hanson, December 6th. Other comments or questions? If the applicant would come forward and state your name and address please. Up to the podium. Kent Beck: My name is Kent Beck and I'm with Enterprise Rent-a-Car and I live at 992 Stewarton Drive in Woodbury. 7 Planning Gømmission Meeûug-' J8DD31Ys, 2000 Peterson: Any qitestioñs oftbeapplicant? Conrad: Y-'bi)w_thr;~ ..~-.'" Kent Bed:Wdltet me Jœowyon my shoes.. I apologize for being late. It was quite a drive from FridleylJutwemadcit _ the roads are a little treacherous. Helps to have a sport utility. If you luwe1hatyou'œœay. But I apologize for being late. Kind: Mr. Cbairll1ave a quesfion of1he appticant. Could you speak to the tonnage of a typical vehicle that's Tented and wkether there wiU be mini-vans or SUV's, that sort of thing. Kent Beck: Good question. As far as the types of vehicles we rent, we don't rent anything larger than a mini-van. We carry the full range of cars from the normal rental facilities that you see at an airport location. The mini-van on down sizes. I'm not sure of the particular weights of those cars but iÙi be .no different Ihan if you're familiar with a Chevrolet Astro Van. Nissan Quest. Something would tJe 1helargest vehicle we'd carry or rent. Does that answer? Kind: Yes, tharik you. Peterson: Other questions of1he applicant. Anything else you'd care to add? Kent Beck: One of the things we do is, just to let you know a little bit about Enterprise Rent-a- Car. We do tend to locate more in communities as opposed to airports. You might have seen our offices. We do have 40 offices in1hemetro area and in the State of Minnesota. And we do have unique JtW"<Ition~ ~'In'le we feel-that we do serve a purpose within a community. If someonem:a ...----Dity œeds.toB:llta.car.-they don't have to always go to the airport. This will give them1beopporlDliliytorentaœr1:ocally and we do keep our cars rented most of the time, which1o,.. ..this TOØD1. would mean that you won't see many of our cars sitting on the facility. I know~s somdimes that concern that we're going to store or warehouse rental cars. We will not do we're not being successful as a business. So we will not have more than 10% of what we have in the fleet sitting so that's why we would look for something like anywhere from 12 to 15spacésto parktheœrs. We do not put flyers on the cars like "Rent Me". You know things like that. Just something we provide the community so you don't have to go to the airport to rent cars. Peterson: Good, thank you. Kent Beck: ThEk fOIL Peterson: A mntilJD and a ........ni! for a public hearing please. Joyce moved, Conrad=nded'w open thepnblic hearing. The public hearing was opened. Peterson: This is a public hearing. An~'WÎshing to address the commission please come forward. 8 Planning Commission l¥f.....il1g-Jmuary 5, 2000 Kind moved. Conrad secODded 1D close the public hearing. The public hearing was closed. Peterson: hvas Jånd of II' ,ttmt everybody was here for the rental car but I'll guess again on that one. Public hearing closed. Commissioners. Thoughts on this one. Burton: Mr. Chairman, I think it's æasonable. I do have the concern about the definition still of the automohilp.. I tbiDk stafi's 8Ding 1D take a look at that. Otherwise I think it looks fine. This applicant's not ;nt....rnng tQ,.it ~'sound like push the definitions and go beyond the mini- vans but~1heroad wemayron into that so that's the only concern I had. Joyce: I agree with Matt. I would like to have the automobile little more definitive. The applicant brought µp a good point as far as signage on your automobile. I don't know if that would fall under our signage ordinance or not but we don't want anything on the automobiles. I don't know how to present that but I don't think there should be anything, tags or. Kent Beck: Can I speak to that? Peterson: I don't think there's a need to. We're talking about the ordinance now. Joyce: Yeah, this is more the ordinance rather than the use. Ifwe're going to pass this ordinance I don't think, I want to be carefut with that as well. I don't know how to present that but does that, Kate could I ask that question. Would that fall under the, would they have to get a separate sign ordinance or something to even put banners on or streamers or something? Aanenson:That was my concemif we make it a primary use, it could end up being a lot of signs attracting proplp. When you're ancillary to the use, it's generally people that are going to use that types, although it could be open to more people. We have to look beyond just, that was our concern of making it a principlc;use, 1. think that's a good question. That's part of the reason why we asked that.it be screened in.re,\ationship to something else. Joyce: Yeah, I'd like to put a condition in there that says no, you know, advertising or whatever on the cars. I mean nothing. Otherwise I'm fine with it. Peterson: Anybody else? Kind: Mr. Chairman I havC'a question for staff regarding process. Will this applicant need to come back 1D us for the cOnditiODal11SC permit and that woUld a time that we could add banners and signs and flags and whatever? Kirchoff: But we can put it in &Sane of the standards, no signs shall be attached to vehicles. Kind: Okay. Kirchoff: That's pretty simple so. 9 Planning Camuissiœ.Mepti'1g-JanumyS, 2000 Kind: And then that brings up the other point of what, do you have a tonnage for what the difference is betwr:en. a mini-van andamoving truck is? KircbDff: We.oouIddefiaàdy.w;.,.., Kind: I tbinIt"''dbe a-n idea. ...,ooi]e for the zODÍng ordinance as part of this. Peterson: OIlIer cn",......mt? Blackowiak: Mr.. Chairfd justJike fD make Qnecomment. This is regarding the ancillary use. I support the tenn ancillary use in this specific ordinance and probably the main reason is the fact that it is the BH district and I don't think that we want to necessarily have a huge auto rental facility in the BH district. So I'm all for leaving this ancillary use in this specific district and if and when the time 5hou1d come that we have another applicant that would like to look at a free standing rental dealership, then we could take a look at you know how we want to go at that point but I don't really feel, I was not at all alarmed about the ancillary use term in this ordinance. Peterson: Anyone else? Conrad: Mr. Chairman, I think it's real important to have n:ntal facilities in Chanhassen. In the community. I like how staff stated the intent, other than the ancillary part. The intent is to serve the community, not to a broad city, Minneapolis., So I like that. That's good. I like the condition. I'm just concerned that another operation won't come in under these conditions. That bothers me. I think it's good. to actually promote, if you follow transportation there are some philosophies thaûfyou have rental œrs people don't need as many cars in a community so for those one Of'ORe,time-a month trips; instead of having a second, third car in the family, you do have a rentalfzitity. Wei1ave DiaI~ berein Chao, but on the other hand there are some very valid purposes metby haviDg relllal.facilitifis. To sayit has to be secondary and to limit the next group coming in to find somebody to co-op With basically, that bothers me. That's, I'm not sure what they're going to see. So that's an issue. I like the rest of the ordinance. I'm assuming we're not trying to hide these people. I'm assuming, I have no need to hide a rental facility in Chan. I'm assuming they can take advantage of signage. Because, but because they're part of another building, it will be restricted because that other building will have it's signage. So I'm not sure if we're, you know I think we're pretty comfortable with the applicant that's coming in that will take ad~-,~ofthismùitBtee. I'm not sure if it's really the way I woUld structure the ordinance in the long nm. Peterson: Okay.ðther oommmls? Sidney: Yet; Mr. (]]air, Iguess1'J1make~ few comments. I agree with the commissioners comments. I do Ðelieve tbat I =1 veaycomfortable with limiting the scope of the rental facility as stated in the ~ mtent ----¡t And I think the use is reasonable and the ordinance is well crafted so I don't see that it wou1llbe recommended. " Peterson: rn 'entertain a moûon. I'd be happy to entertain a motion. J{) Planning Commission Meeting - January 5, 2000 Joyce: I'll say the motion. The Planning Commission approve the Zoning Ordinance Amendment to permit automobile rental facilities as a conditional use in the BH, Highway Business District as shown in Attachment 4. Should I add the conditions onto the amendment? Aanenson: Yes. Joyce: The one condition I'd like to add on number 12 is the vehicles do not... Kind: Second. Peterson: It's been moved and seconded. Any discussion? Burton: The only question I have is do we have to make it a condition to work on the definition of automobile or is that just going to happen? Aanenson:... Burton: That staff review the definition of automobile and incorporate it into the ordinance. Peterson: All those in favor signifY by saying aye. Kind: I'm sorry. Mr. Chair I have one friendly amendment to number 4. To have it read, no public address system or outside phones shall be permitted. Joyce: Accepted. Joyce moved, Kind seconded that the Planning Commission approve Zoning Ordinance Amendment (Sec. 20296, Sec. 20-714 and Sec. 20-1124) to permit automobile rental facilities as a conditional use in the BH, Highway Business District as shown in Attachment #4 with the condition that staff review the definition of automobile and include it in the ordinance. Amending Section 20-296(b)(4) to read, No public address system or outside telephones shall be permitted. And adding under Section 20-296(b), item 12. No signage shall be attached to vehicles. All voted in favor, except Peterson and Conrad who opposed and the motion carried with a vote of 5 to 2. Peterson: My reasoning is probably the same as Ladd's where I think it's too restrictive. Conrad: And I woUld add to that, I think 20's too high and so, I think 20's too high. I'd like to see it low and we can always raise it in the future. And I'm a little bit concerned about the signage restriction based on your definition... PUBLIC HEARING: REOUEST FOR A SITE PLAN REOUESTING 5 THREE LEVEL APARTMENT BUILDINGS AND A COMMUNITY BUILDING FOR A TOTAL OF 344 APARTMENTS ON 11