5. Zoning Convenience Stores � 5
C ITY OF
,„ , CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
1 \ (612) 937-1900 • FAX (612) 937-5739
Action by City Administrator
Endorse' D� "
1 MEMORANDUM
TO: Don Ashworth, City Manager Rejec:ed..._�,_rer
1 FROM: Paul Krauss , Director of Planning
g- Dat:: S�bro.t,s:' to Colay scion
DATE: January 3, 1990 Date to t o°nc l
SUBJ: Second Reading of an Ordinance Regulating Convenience
Stores
1 PROPOSAL/SUMMARY
On December 18, 1989, the City Council approved the first reading
of an ordinance designed to regulate convenience stores and other
uses having gas pumps. Among other things the ordinance would
establish a minimum separation of 250 feet between gas pumps to
1 decrease the likelihood of these uses congregating at a single
intersection and of 100 feet between the pumps and parcels zoned
and guided for residential use, to reduce potential impacts on
1 - these properties.
The City Council discussed the separation standards indicating
that they may be reconsidered at second reading. A proposal was
1 made to have the 100 foot separation standard from residential
parcels also apply to storage tank vent pipes to minimize air
quality impacts. The current draft ordinance has been revised
accordingly. The Council also added a requirement that waste oil
collection facilities be required with the conditional use permit
and this revision has also been incorporated.
1 STAFF RECOMMENDATION
Staff recommends that the City Council approve the second reading
of an ordinance to regulate convenience stores and other uses
having gas pumps.
1
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 20
OF THE CHANHASSSEN CITY CODE
BY ADDING PROVISIONS CONCERNING CONVENIENCE STORES
' AND MOTOR FUEL STATIONS
The City Council of Chanhassen ordains as follows :
Section 1. Chapter 20 , Section 20-1 of the Chanhassen City
Code is amended by adding the following definitions :
' "Convenience Store" - Convenience store means a retail
establishment which generally sells a limited range of food
products, non-prescription drugs, candy and other perishable
goods. This includes soda and similar beverage dispensing
and food products which can be heated and/or prepared onsie,
and has over 400 square feet of floor area for retailing of
non-automotive goods.
"Convenience Store with Gas Pumps" - Convenience store means
a retail establishment which generally sells gasoline from
pump islands and a limited range of food products, non-
prescription drugs, candy and other perishable goods. This
includes soda and similar beverage dispensing and food pro-
ducts which can be heated and/or prepared onsie, and has over
400 square feet of floor area for retailing of non-automotive
goods .
Motor Fuel And Service Station" - Motor fuel station means a
retail place of business engaged in the sale of motor vehicle
fuels and services, but may also engage in supplying a
' limited amount of related goods. In no case shall the space
for the retailing of related goods exceed 400 square feet.
All services are to be performed within enclosed service
' bays.
Section 2. Article I, Section 20-1. Definitions. Delete
the following definition:
engaged primarily in the sale of motor vehicle fuels, but also
' may be engaged is supplying goods and services generally required
e'ftel
maintenance and repair.
I
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Section 3. Amend Division 4, Standards for Business Office,
Institutional and Industrial Districts .
Section 20-282. Motor Fuel AND SERVICE Station as follows:
The following applies to motor fuel stations: '
1) No unlicensed or inoperable vehicles shall be stored on
premises except in appropriately designed and screened 11 storage areas.
2) All repair, assembly, disassembly and maintenance of
vehicles shall occur within closed building except minor
maintenance including, but not limited to tire inflation,
adding oil and wiper replacement.
3) No public address system shall be audible from any resi- 1
dential parcel.
4) Stacking areas deemed to be appropraite by the city shall
meet parking setback requirements.
5) No sales, storage or display of used automobiles or other
vehicles such as motorcycles, snowmobiles, or all-terrain
vehicles.
6) Disposal of waste oil shall comply with PCA regulations. 1
FACILITIES FOR THE COLLECTION OF WASTE OIL MUST BE
PROVIDED. 4
7) Gas pumps AND/OR STORAGE TANK VENT PIPES shall not be ,
located within 100 feet of any parcel zoned or guided for
residential use.
8 ) A minimum separation of 250 feet is required between the
nearest gas pumps of individual parcels for which a con-
ditional use permit is being requested.
Section 4. Amend Division 4, Section 20-288 as follows:
Section 20-288. Convenience store with gas pumps. I
The following applies to convenience stores with gas pumps:
1) No unlicensed or inoperable vehicles shall be stored on
premises.
2) No repair, assembly or disassembly of vehicles.
3 ) No public address system shall be audible from any resi-
dential parcel.
4) Gas pump stacking area deemed to be appropriate by the
City shall not intrude into any required setback area.
5) No sales, storage or display of used automobiles or other
vehicles such as motorcycles, snowmobiles, or all-terrain I
vehicles.
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6) FACI L ITIES FOR THE COLLECTION OF WASTE OIL MUST BE
PROVIDED.
7) Gas pumps AND/OR STORAGE TANK VENT PIPES shall not be
located within 100 feet of any parcel zoned or guided for
residential use.
8) A minimum separation of 250 feet is required between the
' nearest gas pumps of individual parcels for which a con-
ditional use permit is being requested.
Section 5 . Chapter 20, Article XVI ( "BN" Neighborhood
Business District) of the Chanhassen City Code is modified in the
following manner:
' Section 20-694. Conditional Uses
Delete:
2 ) Automotive service stations.
Section 6 . Chapter 20, Article XVII ( "BH" Highway and
' Business Services District) of the Chanhassen City Code is
modified in the following manner:
Section 20-712 . Permitted Uses
Delete: ti
' 3 ) Automotive service stations.
Delete:
11) Convenience stores with and without gas pumps
Add:
11) Convenience stores without gas pumps.
' Add:
20) Automobile servicing within enclosed structures designed
for the purpose hwere fuel is not dispensed.
Section 20-714 . Conditional Uses
' Add:
5) Convenience stores with gas pumps.
6 ) Motor fuel stations.
Section 7. Chapter 20, Article XVIII, ( "CBD" Central
Business District) of the Chanhassen City Code remains
unchanged.
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II
Section 8. Chapter 20, Article XIX ( "BG" General Business
District) of the Chanhassen City Code is modified in the
II
following manner:
Section 20-752. Permitted Uses II Delete:
3) Convenience stores with or without gas pumps.
I
Add:
3) Convenience stores without gas pumps. I
Delete:
27) Automotive service stations. I
Section 20-754 . Conditional Uses
I
Add:
6) Convenience stores with gas pumps. I
7) Motor fuel stations.
Section 9. Chapter 20, Article XX ( "BF" Fringe Business I
District) of the Chanhassen City Code is modified in the
following manner:
I
Section 20-773. Conditional Uses
Delete: I
1) Automotive service stations without car washes.
Add: I
1 ) Motor fuel stations without car washes.
I
Passed and adopted by the City Council of the City of
Chanhassen this day of , 1989.
CITY OF CHANHASSEN II
II
By:
Donald J. Chmiel, Mayor
IIATTEST:
II
Don Ashworth, City Manager
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City Council Meeting = December 18, 1989
i
carsputer assisted machinery. The other reason we think the ram itself doesn't
get a lot of use is because currently there are no weights or upper body
exercise devices in the roam now. We think that once we balance the room with
the weight machines, the computer assisted devices and the current equipment
plus the racquetball court, that we will get more use out of the roam.
Mawr C oriel: Okay John. Thank you.
' John Wolf: Thanks for your consideration.
Mawr Chmiel: Do we have a motion?
Councilman Johnson: We already have one standing.
' Councilman Boyt: Well I'll move approval of the Fire Department's Fitness
Equipment.
Councilman Johnson: It's already been moved and Tam seconded it.
Councilman Boyt: Okay.
' - Councilman Johnson moved, Councilman Workman seconded to award the bid for the
exercise equipment for the Chanhassen Fire Department to The Fitness Store in
the amount of $11,821.50. All voted in favor and the motion carried.
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ZONING ORDINANCE AMENDMENT MODIFYING ZONING RESTRICTIONS AND LOCATIONS FOR
ICONVENIENCE STORES, GAS STATIONS AND AUTOMOTIVE SERVICE STATIONS, FIRST READING.
Paul Krauss: Mr. Mayor, members of the Council. Last September you reviewed a
draft ordinance regulating convenience stores and other uses with gas pumps.
Staff got feedback fra►► the Council that the ordinance should be revised to
provide separation standards both to separate individual CUP's having gas pumps
from one another and also well basically to prevent clustering at major
interchanges and also to provide a setback standard from residential properties
given the high impact that these types of uses create. We reviewed past
discussions on the ordinance and believe that a somewhat different approach may
I be appropriate at this point. We therefore separated out all uses with gas
pumps and classified them as conditional in those districts where we propose
that they be allowed. Convenience stores without gas pumps are proposed to be
treated as any other lower impact or retail use might have been and is permitted
where appropriate. There's a table on page 3 that illustrates where uses are
permitted or conditionally permitted. Older CUP guidelines, a minimum
separation of 250 feet is proposed between gas pumps of uses which are applying
for CUP's. This is in an effort to discourage clustering. We think it's an
effective number to reduce the possibility or eliminate the possibility that
you'd have 4 gas pumps located at an intersection. You may have one kitty
' corner from another or down the street from another but you wouldn't have 4 at
the same intersection. We're also proposing that a setback of 100 feet from
residential properties be required. Basically that will allow a greater than
E normal setback where;hopefully we can through the site plan review process get a
I 1 high level of screening to be offered. The ordinance would also correct what we
view to be an omission in that it would allow auto servicing in the highway
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City Council Meeting - December 18, 1989 II
business district. In reviewing the ordinance we felt it odd that a business ,
district dedicated to highway uses, i.e. auto related uses, prohibits servicing.
I've talked to a number of people who were looking at the possibility of
autoiralls or a Goodyear or Firestone type of operation and if it's to be
allowed, that's probably a district where one can consider that to happen.
We've proposed correcting that with the change in the ordinance. The Planning
Copmission discussed the ordinance in November but was unable to make a
recommendation. This item was scheduled for City Council review at the last
meeting but wasn't heard due to the late hour. At that point Councilman Johnson
noted that the current and proposed definitions for a typical gas station
prohibit any kind of significant auto servicing. Consequently the normal, the
formerly normal type of gas station is actually prohibited in Chanhassen. Minor
servicing was allowed, changing wiper blades but nothing more than that. On
the basis of Councilman Johnson's inquiry and my expectation that this may have
been an oversight, I proposed a revised definition for motor fuel stations now
calling it motor fuel and service station and tinkered with it so that it would
allow auto services without restriction.
Mayor Oriel: Thanks Paul. Any discussion?
Councilman Johnson: You can have a service station without gas pumps like a
Goodyear. Where would a Goodyear fit?
Paul Krauss: Well we think it would fit in the Business Highway district if we
amend it.
Councilman Johnson: I mean as far as definition wise. to we have a definition
that would... '
Paul Krauss: No we don't. We do have auto service listed as a conditional use
in several districts but not in the business highway district. '
Councilman Johnson: Yeah but we deleted the definition of auto service.
Paul Krauss: We deleted the definition of was it auto service station?
Councilman Johnson: Yes.
Paul Krauss: I use the launching point for this, the ordinance that
Mark Koegler developed last summer which talked about motor fuel stations
instead of auto service station. '
Councilman Johnson: The only place we see motor fuel station it should say
motor fuel and service station?
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Paul Krauss: Right.
Councilman Johnson: While you changed the definition you didn't change it back
in the additions?
Paul Krauss: If I didn't, that was an oversight. I changed the definition on
page 1 of the ordinance.
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,City Council Meeting - December 18, 1989
Councilman Johnson: Right but on page 3 it's not. Under 20-714, Conditional
Eyes it just says rotor fuel station. Zhe next page it just says motor fuel
station.
Paul Krauss: Co yes, that's an oversight. All those should be corrected to
motor fuel and service.
' Mayor Ordel: Just one question Paul. In dispensing gas within residential
parcels, you're proposing a minima% separation of 100 feet. Is 100 feet really
enough?
' Paul Krauss: Well if you have a gas station or a convenience store that's say
at the end of commercial center and adjacent to a residential parcel. Outside
' the ii ediate area for gas pumps, you may have 50-60 feet of blacktop to allow
for circulation and trash storage and everything else. If you accept that as
kind of an average, then you're looking at about 40 foot of green space. That
allows you to do quite a bit. This was my attempt to address that issue.
Whether or not it goes far enough is the question I think but you have to keep
in mind that these things are reviewed not only with a conditional use permit
but also in conjunction with site plan approval where you get to approve the
' landscaping and screening as well.
Councilman Boyt: There is Mr. Mayor, I think if we took this particular part of
that ordinance to TH 41 and TH 7, that they would be in arms against us. If we
' said that a service station could be 100 feet away from their house.
Councilman Johnson: Two miles is too close. ' ►�
' Councilman Boyt: So I agree with you that 100 feet is not far enough. And that
doesn't mean that the individual service station has to build right on the
' border of a residential neighborhood or has to have 40 feet of greenspace. It
simple means they can't build on that border. They've got to be somewhere in
the zone. They can't build right on the edge next to a residential development.
' Councilman Johnson: Is the 100 feet from where?
Paul Krauss: From the gas pump itself.
' Councilman Johnson: To the nearest resident. Do you know that we have from the
pumps over here at Brooke's because...
' Paul Krauss: I'm sure it's doesn't rake it. The residential's right behind the
fence.
Mayor Oriel: That's part of my concern. That's much too close there.
Councilman Johnson: But the vents there are on the back of the building.
That's where the odor problem cares from. Not as much, when they're filling the
tanker and they do a lot of their tanker filling at night. It's easier for
tankers to drive around at night only with the drunk drivers.
' Councilman Workman: 'lour brother?
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City Council Meeting - December 18; 1989
Councilman Johnson: Brother-in-law. Just my brother-in-law. I think the
distance from the tank storage vents have to be taken into account because
sometimes those vents can be a long ways away from the building or the pumps.
In the case of a station I'm working on up north on a leaking underground tank
situation, his vents are actually at the back of the convenience store again '
across from the alley but it's probably 75 feet from the tank. From the puns
where his vents end up because of where his tanks are. So again that's the
worse case is as close as he could get to putting them next to residences. And
the Brooke's is even worse. It's right there and a slight southern breeze with
an inversion condition and the neighbors back there get a real good whiff of
fuel.
Councilman Boyt: What about the possibility of saying, what's the typical lot
depth in the zones we're talking about? It's 125 feet?
Paul Krauss: It's 125 feet minimum. realistically they're typically somewhat
more.
Councilman Boyt: Can a residential we move it to 125 feet. Is that true in the '
copmercial areas we're talking about? Business highway and so on. Is that the
minimum? Off hand I don't remember the minimum.
Paul Krauss: If it's in proximity to any kind of single family that's been
developed in the last 10 years or so, yeah, that's the standard.
Councilman Boyt: ...lot depth in the commercial area but it seems to me like
there should be one lot between the lot that whatever we're calling theve
things, motor fuel station sits on and any residential development. Would that
be reasonable?
Mayor Chniel: I don't know if you want to put another lot but I think a greater
distance than 100 feet is what I'm, depending on what those lot depths are. '
Councilman Boyt: Well yeah, I don't know whether 250 feet's reasonable or what
but it would seem to me as maybe a street width and a lot depth would be, we're
at least saying here's sane kind of cushion. Minimum lot depth is 150 feet.
Still?
Roger Knutson: That's what it says. '
`Councilman Boyt: That's not residential right? That's commercial.
Roger Knutson: That's business highway. 150 feet.
Councilman Boyt: Well my point is, rather than just pick an arbitrary number of
100, 200, whatever, it would be nice to have something to reference it against.
If we're saying a lot, it's got to be one lot in from a residential zone and
maybe that's 150 feet. Maybe we take a lot and a street and say okay, if
there's 60 feet width for a street?
Paul Krauss: For local residential street.
Councilman Boyt: So it's 210 feet. I'.d say somewhere inbetween there is a 11
distance that makes same sense.
48 1
City Council Meeting - December 18, 1989
Paul Krauss: Yeah
I think that that has some potential.
ICouncilman Boyt: Well we're into a first reading situation again right?
Mayor Chmiel: Yeah.
' Councilman Boyt: Aren't these fun?
' Mayor Chmiel: Exactly. That's where we're at.
Councilman Boyt: I cut you off. I believe you were :raking sore comments.
Mayor Chmiel: No. That was one of the major concerns that I have with this is
that I was thinking about Brooke's as we have now with John living directly in
back there. Some of the people are saying that they get the odors of the
' gasoline and that's one of the concerns I had. Second concern I have is a
safety aspect. In the event that there is something would happen. That's a
major concern there so that's why with 100 feet, I just wasn't too comfortable
with that.
Councilman Boyt: I'd like to suggest another change wader Motor PUel Stations.
Other appropriates. This might be a good time to add.
Councilwoman Limier: Bill, what page are you on?
' Councilman Boyt: Section 3, page 2 I guess. I asked the Recycling Committee to
look at this issue. I know Jo Ann looked at it and proposed something to the
Council about a year and a half ago. I think that people who service motor oil,
sell and service motor oil should have same means of collecting it for recycling
' by the public.
Mayor Chmiel: Isn't that a mandate?
' Councilman Boyt: Well the State :mandate is that they post a sign that says
where it can be collected.
' Mayor Chmiel: Any specific station that sells it is required to take it in
also.
I Councilman Boyt: Pb. Just post it. And so what we did was we, TH 41 and TH 7
as part of their conditional use pexrit, required than to do that.
' Councilman Johnson: And to also.
Councilman Boyt: And Amoco, Jo Ann worked with Amoco and as pert of the deal
' there they agreed to do it. We didn't really have much leverage but they agreed
to do it. This would be a chance to say to motor fuel stations, when you plan
to build, plan to put in that extra tank to collect recycleable motor oil.
They're there 24 hours a day and that's what we need is somebody, who's there to
monitor it. So I'd 1like to see us include that as another condition.
Councilwoman Dimler: So that'd be condition 9?
49
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City Council Meeting - December 18; 1989
Mayor Chmiel: Before we add that as a full condition, would you just review
that as to the State requirement.
Councilman Johnson: No, he's absolutely right.
'1
Mayor Chmiel: Is he?
Councilman Johnson: Yes. ,
Mayor Chmiel: I thought that they were mandated to take oil. If they sell it,
they have to take it.
Councilman Johnson: That was originally. That was the original legislation.
That got in the next session, that went down. It didn't last. '
Mayor Chmiel: Check that out would you please.
Councilman Boyt: Just to show you the problem Don, the previous Council even '
went so far as to say we will pay you $500.00 a year to be open to collecting it
and they refused.
Councilman Workman: I think the nearest place is Chaska. '
Mayor Chmiel: No, I'm not objecting to what you're saying.
Councilman Boyt: And I agree that we should check it out.
Councilman Johnson: If you catch the Sinclair on a good day, he'll take it.
Amoco has taken it in the past.
Mayor Chmiel: Amoco's taken it from us. We've taken ours there. My kids have. ,
Councilman Workman: They haven't taken it from me.
Mayor Chmiel: My kids took it there Tom. '
Councilman Workman: Down at Carver County Auto Body in Chaska is the nearest
place they'll take it as far as I know. ,
Councilman Johnson: TH 7 and TH 41's got one. I've gone into Amoco before I
` was on Council. Brought it in. It depends on which kid's working there. ,
Caunciliran Boyt: They turned :re down any number of times.
Mayor Chmiel: If you buy your oil there, they take your oil.
Cbuncilman Boyt: That's probably the secret.
Cbunciliran Workman: This thing is so dog gone weighty and bulky that I don't
even know where it's going. If the developers that were in here earlier have
one point that I support is that we're as heck getting into the business of kind
of trying to fine tune an -awful lot of things in this city that I' m not sure we
should have so much control over. There's a lot of good arguments for why we
want to control this. My real only concern was how far a gas pump set up is
50
City Council Meeting - December 18, 1989
' from a residential because I know that is a constant problem or going to be a
constant problem. Other than that, this trying to separate stations, etc., I'm
not sure how much of a problem we're going to have with that in the future.
' Maybe we've peaked. As far as convenience stores, we're getting a grocery store
in, maybe we won't have that problw anymore. I don't know. I don't know if I
feel o v fortable trying to plug all these holes and I'm kind of losing the
focus, this seers so like it's got so man, different focuses that it's not
focused. Does that make sense?
Mayor Chmiel: Say that again.
Councilwaran Dialer: We're trying to cover too truth.
' Councilman Workman: Yeah, I think we're trying to cover too, I don't know if
it's the Planning Cc mission can't decide and we can't decide and staff can't
decide.
' Councilman Johnson: I think it's comprehensive.
Mayor Chhiel: I think you have to take a position Tom to look at something of
' these types that they're proposing and not having one on every corner.
Councilman Workman: I guess you know, and that's what I'm trying...
' Mayor Chmiel: Termed as gasoline alley and I guess that's what I look at it
from. To re that's a visual blight. You need those kinds of services for the
motorists coming through the community but if they need gas, there's always that
I - - - availability getting gas sanewhere. They may not have the right credit card but
you have to be sort of selective in where those kinds of stations are going to
go.
Councilman Workman: And maybe this isn't a good argument. There's an awful lot
of insurance agents out there. Nonetheless I got into the business. I think I
can do a better job. I think I can offer better service. I can blab, blab,
' blah, blab. Likewise a businessman, maybe somebody can do a better job with a
Dinner Theatre. I don't know, are we going to put a dinner theatre on every
corner? But for us to tell a person, a property owner on a very busy
' intersection that this in fact would be, something's telling a permit that this
is a very good intersection to sell gasoline because there's an awful lot of
traffic going by. You can make a lot of money doing this. Maybe all four
corners are being told that and there's that competition thing so I'm interested
in doing something. I'm interested in passing the first reading. I'm just
letting everybody know that the second reading I'm going to have maybe sane more
refined ideas on this.
tMayor Chmiel: Yeah, you're only limiting 5 different specific ones from not
being permitted within those categories as we have listed. The others are
permitted uses and conditional uses and all those are being permitted in there
with just specific conditions as to what they have to meet.
Councilman Hoyt: I„#hink one of the things to keep in mind, it is pretty
' • comprehensive. There's a lot of ground that's covered in this thing so maybe it
does seem to lack focus. What I entered it trying to avoid was probably what we
can't avoid very easily and that is the feeling that there's too many
51
City Council Meeting - December 18; 1989
convenience stores with gas pumps in this town right now. 250 feet I see as '
being the absolute nanimum. I guess I can kind of live with it because as Paul
said, it keeps then off every corner.
Councilman Workman: Let me just ask you this quick. Are any of those
convenience stores going broke?
Councilman Boyt: Well what's going to happen is, I hope not. What will happen '
is unlike the insurance business where you can enter and leave and pretty much
not leave something that everyone else has to live with. In the convenience
store gas pip, once you build that building, it's there. Try to find an
alternate use for those things and it's a challenge so you see empty gas
stations sitting around from the big crunch 10 years ago. People can't enter
the Dinner Theatre because of the large fixed cost.
Councilman Workman: Right. I was using those in basically a larger
ger
philosophical in that maybe my investment in getting into the insurance business
isn't as great as somebody that's going to be building a convenience store which
is a big investment but they've got to think that through and I'm not going to
baby then through it, you know what I mean. That's all I'm saying. That's not
my job to tell this guy, hey watch out you're going to fail because businesses
fail every day. And it's also not my job to say for the convenience store
that's already there, hey I'm going to protect you because I don't want you to
fail either. I'm going to start getting into this juggling act. That's what
I'm nervous about and I understand completely where Council wants to go with
trying to...out a little bit but it's like pornography. When does pronnooggraphy
start? It depends on what decade you were born in maybe but so there's all
sorts of different definitions about where that competition should, where our
role in competition should begin and end and that's where I always get a little
nervous. I'm nervous talking about garages. Telling people how to build
houses. '
Councilman Johnson: I don't think we're trying to protect anybody or tell them,
protect then from failure or guarantee them success by protecting them from
competition. I think what we're trying to say is that the look we want for our
town, such as what is being said with the garages, the look we want for our town
is not the look of four convenience gas service stations at the corner of Great
Plains and TH 5. We don't want to see, I don't know how wide that right-of-way
is. Whether 250 feet crosses the right-of-way there or not from Holiday to the
other side of TH 5 but is that what we want as our vision for our commercial
r development in town. One of our nein entrances to town to be a Holiday, a Super
America, Super Q and an Amoco and I guess we've got roam for one more gas
station yet to be tossed in there.
Councilman Workman: I'm just saying don't let our vision get in the way of a '
property owner making sate money. That's all I'm saying so I know what you
mean.
Councilman Johnson: Now is there other things that can go in there that would
be camercially viable also? We put those uses in there and then there's no
roam for a Burger Ring or a Bonanza or Mills Fleet Farm or whatever.
Mayor Chmiel: Any other discussion?
52
City Council Meeting - December 18, 1989
Councilman Johnson: So I agree with you.
( Councilwa►an Dimler: Yes. I've been uncomfortable with this all along and I
' guess mainly because of the problems with limiting free trade and restricting
competition is my main concern. Also I think this puts the City in the business
of, or into a position of granting on a first come basis and I'm not real sure
that we want to be in that position. Again I think we're coverning too much.
Trying to be too restrictive. I believe sane of this is necessary but I think
as far as the convenience store aspect is concerned, I no longer see that as an
issue. I kind of feel like we're closing the barn door after the cows are out.
' I think that that was the issue last year as they were springing up but I don't
see that happening and I don't think that will happen.
Councilman Johnson: The issue's about to start again because Amoco didn't do
' anything within their year. They're about to lose their...
Councilwoman Dimler: Well, like you know with the grocery store coning. I
' don't know if too many more convenience stores will want to cafe in here.
Paul Krauss: As far as Amoco goes, they're working with us on building permit.
' The thing that's hanging them, up right now is the need to clean up existing
contamination on the site.
Councilman Johnson: They thought they'd have that thing whipped out by spring.
Gary Warren: They're looking to bid it so they can start this spripg.
.1 - - Councilman Johnson: They have applied for the building permit?
Gary Warren: They've applied for the building permit. They are currently
reworking our site plan to coordinate with the TH 5 and the Great Plains Blvd.
expansion and they're looking to get us, we've been provided a temporary plan
for the clean-up effort out there. We had a big meeting 2 weeks ago with MnDot
and others to coordinate that because we do need an easement from theme to do our
ultimate Great Plains Blvd..
Councilman Johnson: Now that we've ventured off the subject slightly, do they
need any kind of extension? I mean they haven't moved any dirt.
Mayor Chmiel: Let's try to stick to what our subject is.
Councilwoman Dimler: Yeah, I guess my final comment was what the gentleman said
before here. Although we did legislate the market there, I'm real unccmrfortable
with doing it in all cases.
' Councilman Johnson: We have eliminated apartments in this city on the last one.
' Councilwoman Dimler: No, no, no. We left an opening there to separate that
out.
Councilman Johnson: a first reading.
IIMayor Oriel: Yeah.
' 53
I
City Council Meeting - December 18, 1989
Councilman Boyt: Well I would move approval of the first reading, adding to
Section 3, point 9 that motor fuel stations provide for the collection and I
recycling of oil.
Councilman Johnson: You can just rewrite 6.
Councilman Boyt: Well, whichever.
Mayor Oriel: Section 4? I
Councilman Boyt: Sure. The intent would be any place that sells motor oil
which some of these nay then decide that it's not worth selling motor oil but
certainly the service stations are going to.
Mayor ChRdel: Okay...that 100 feet and so on. More than 100 feet. Okay. Is
there a second?
Councilman Workman: I'll second it.
Councilman Boyt moved, Councilman hbrkman seconded to approve the first reading
of the Zoning Ordinance Amendment modifying zoning restrictions and locations
for convenience stores, gas stations and automotive service stations with an
amendment to Section 20-282, condition 6 to include that all motor fuel stations
provide for the collection and recycling of used motor oil. All voted in favor
except Councilwoman Dimler who opposed and the motion carried with a vote of 4
to 1.
Paul Krauss: Two points of clarification if I could briefly. Did that
condition also apply to convenience stores that sold oil?
Councilman Boyt: Yep. Anything that sells oil.
Paul Krauss: Okay, and was the setback increased or it has not been at this
time?
Councilman Boyt: Not yet. I think we asked to consider 150 to 210.
Mayor Chrdel: Yes. '
' Councilman Boyt: But we didn't change it yet.
Councilman Johnson: And the typo's corrected right? '
Mayor Crdel: Right.
ZONING ORDINANCE AMENDMENT REGARDING REVISIONS TO THE ZONING ORDINANCE TO ALLOW
FOR THE REVIEW AND GRANTING OF CONDITIONAL USE PERMITS FOR USES THAT ARE
TEMPORARY IN NATURE IN ALL DISTRICTS, FIRST READING.
Paul Krauss: Mr. Mayor, irm prepared to go ahead with that. Would you like for
ors to skip this one tonight in favor of going to what we have left on the
agenda? This isn't pressing.
54 '
1
I
CITY OF
i
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
' \ (612) 937-1900 • FAX (612) 937-5739
MEMORANDUM {{tenon by C"'> h','in strztor
L�u�rS----___ J
TO: Don Ashworth, City Manager i Endc =`-_�____r.
,. ' ( Reje,„e;:_�_ ~�
I FROM: Paul Krauss, Director of Planning -� /�.�pSSa, -�" . c
Dat.., ScJr ;j t& :„ -
DATE: January 4 , 1990 S'V0
d8;G SL'`•�^''i:.i .:� L�:7i1Ctj
SUBJ: Amendment to the Zoning Ordinance Pertaining to r
Interim Use Permits rj7
IPROPOSAL
There have been a series of discussions in the past concerning
I the potential of providing a mechanism to allow for special con-
ditional use permits on a temporary basis. If properly designed,
this type of ordinance provision would give the city flexibility
I to accommodate and regulate uses that may otherwise be prohi-
bited, but which would really not pose any problems or harm to
their surroundings if allowed on a temporary basis. The most
recent example of such a use is the proposal to place an Assembly
of God Church in an office space in the Frontier Building. The
City Council was uncomfortable allowing it under a site plan
review as had been proposed since it could have a potential for
I allowing churches to purchase sites within the Central Business
District, thus removing them from the tax rolls. The Council was
aware that an ordinance amendment to allow for temporary con-
ditional uses was in the process of being considered. They
Ibelieved that this would provide the best mechanism for allowing
the church to locate on the site while protecting the City' s long
term goals.
ILast summer the City Attorney drafted an "Interim Use" ordinance
to respond to the issue. It was briefly reviewed by the Planning
I Commission but not acted upon. The ordinance (copy attached) was
structured to create a new class of interim uses where a use
could be allowed on a temporary basis. The ordinance is struc-
1 tured to create a separate class of uses, i .e. permitted,
accessory conditional and interim and and is limited to only
those specific uses that are outlined in a district by district
basis.
' Staff discussed an' alternative approach with the City Attorney.
This would have involved the use of conditional use permits.
1 Rather than list specific uses, it would have allowed the City
Council to permit any use on a temporary basis subject to its
r
I
Interim Use Permits
January 4, 1990
Page 2
meeting a series of conditions. The City Attorney expressed con- 1
cerns that while this type of unstructured ordinance is more
flexible, it could undermine the effectiveness and consistency of
the balance of the ordinance. In addition, state statutes
already incorporate provisions for creating interim uses.
Based upon this discussion, we are resubmitting the draft of the
interim use ordinance for your review. We are satisfied that it
achieves the goal of creating a provision for dealing with
interim or temporary uses. What we do not believe is that the
list of permitted uses is as comprehensive as it could be. It
has been our experience that it is difficult to anticipate the
variety of temporary uses that the City may wish to regulate
under this ordinance. For example, you may wish to add uses such
as promotional carnivals in shopping centers, temporary nursery
sales, etc. If the Planning Commission is aware of additional
uses that should be incorporated at the outset, this will cause
no problem. If in the future it is apparent that additional
uses should be included to deal with situations that may arise,
the ordinance could always be amended.
The Planning Commission discussed the ordinance at their November
15, 1989, meeting. They generally supported the adoption of the
draft but recognized the limited number of permitted interim uses
that are being recommended at this time. However, they were
unable to propose any additional uses at the time and concluded
that the listings of permitted uses would likely need to be
amended over time as circumstances dictate. The Commission voted
to recommend approval of the ordinance as drafted.
The City Manager reviewed the draft ordinance and suggested that
it may be desirable to include street dances and festivals such
as the July 4th and Oktoberfest events that are held in the City,
as interim uses under this ordinance. Should the City Council
decide that it is appropriate to regulate these uses, the interim
use permit section of the ordinance is the appropriate place to
put these requirements. Should the City Council wish to have
these uses or any other uses incorporated, staff would recommend
that the ordinance be adopted as currently drafted and that staff
be directed to bring ordinance amendments through the Planning
Commission for inclusion into the ordinance over the next few
months.
UPDATE
On December 18, 1989, the City Council was scheduled to review a
draft ordinance establishing interim use permits. The item was
not officially discussed due to the late hour. However, staff
was directed to review existing conditional uses to see which may
be better positioned as an interim use. The difference between
the two is that conditional uses are those which are assumed to
I
I
Interim Use Permits
January 4 , 1990
Page 3
be acceptable if certain conditions are met. Interim uses have
the additional requirement of a limited time period, i .e. it is
assumed that they are temporary in nature and that the site will
eventually be developed with a permitted or conditional use.
The list below contains all uses currently listed as conditional.
Those with asteriks are ones which staff believes could be
defined as interim uses in addition to those which are already
contained in the draft ordinance.
A-1 District
1. Bed and breakfast establishment.
2 . Public buildings .
' * 3. Temporary mobile home (compliance with Section 20-905 is
not required) .
4. Group homes for seven ( 7 ) to sixteen ( 16) persons.
A-2 District
1. Bed and breakfast establishment.
* 2. Temporary mobile home (compliance with Section 20-905 is
not required) . 4
' * 3. Mineral extraction.
4 . Cemetery.
* 5. Commercial kennels, stables and riding academies.
6 . Reserved.
' 7 . Commercial communication transmission towers.
* 8 . Wholesale nursery.
9. Electrical substation.
' * 10. Golf driving ranges with or without miniature golf courses.
11. Churches .
12. Recreational beachlots.
13 . Group homes for seven ( 7 ) to sixteen (16) persons.
RR District
1 1. Churches.
2. Private stables.
3. Public buildings.
4 . Recreational beachlots.
* 5. Commercial kennels, stables and riding academies.
RSF District
' 1. Churches. ',
* 2. Private stables, subject to provisions of Chapter 5, Article
III.
' 3 . Recreational beachlots.
* 4. Commercial stable with a minimum lot size of five ( 5) acres.
1
11
Interim Use Permits
January 4, 1990
Page 4
R-4 District
1. Churches.
2 . Boarding houses.
3 . Private kennel.
R-8 District 1
1. Day care center.
2 . Group home serving from seven ( 7) to sixteen (16) persons.
3 . Boarding houses.
4. Churches.
5 . Recreational beachlots.
R-12 District
1. Health care facilities.
2 . Day care center.
3. Boarding housers.
4 . Group home serving from seven ( 7 ) to sixteen (16) persons.
5. Recreational beachlots.
* 6. Temporary real estate office and model home. 4
7. Churches.
BN District
1 . Convenience store with gas pumps.
2. Automotive service stations.
3 . Drive-in banks including automated kiosks.
* 4. Temporary outdoor display of merchandise for sale.
5 . Standard restaurants.
6 . Bed and breakfast establishments.
BH District
1. Outdoor display of merchandise for sale.
2 . Supermarkets.
3 . Small vehicle sales.
4 . Screened outdoor sales.
5. Auto service centers.
6 . Garden centers.
CBD District
* 1. Temporary outdoor display of merchandise for sale.
2 . Freestanding fast food restaurants.
* 3. Farmer' s market.
4 . Convenience store with gas pumps.
I
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Interim Use Permits
January 4 , 1990
Page 5
BG District
* 1. Outdoor display of merchandise for sale or rent.
2 . Truck, automobile, farm implement, recreatinal vehicles
and boat sales and service.
3 . Equipment rental.
4. Screened outdoor storage.
5. Major auto repair and body shops.
BF District
1. Automotive service stations without car washes.
2 . Truck/trailer rental.
' 3 . Utility services.
* 4 . Outdoor display of merchandise for sale.
OI District
1. Adaptive reuse of vacant public or private school buildings
' for private business uses.
IOP District
1. Concrete mixing plants.
2 . Communication transmission towers.
3 . Public buildings.
4 . Motor freight terminals.
5 . Outdoor health and recreation clubs.
' 6 . Screened outdoor storage.
7 . Research laboratories .
8 . Contracting yards.
' 9 . Lumber yards .
10. Home improvement trades.
11. Hotels and motels.
12 . Food processing.
' 13 . State licensed day care centers as a separate facility.
14. State licensed day care centers as part of a multi-tenant
building.
STAFF RECOMMENDATION
Based upon the foregoing, staff recommends the City Council adopt
the proposed ordinance revisions pertaining to interim uses.
ATTACHMENTS
1. Ordinance amendment.
2. Planning Commission minutes dated November 15, 1989.
1
I
LAW OFFICES -
GRANNIS, GRANNIS, FARRELL & KNUTSON
DAVID L.GRANNIS- 1874-1961 PROFESSIONAL ASSOCIATION TELECOPIER:
DAVID L.GRANNIS,JR.- 1910-1980 POST OFFICE Box 57 (612)455-2359
VANCE B.GRANNIS 403 NOR WEST BANK BUILDING ELLIOTT B KKETSCH
VANCE B.GRANNIS,JR.* 161 NORTH CONCORD EXCHANGE MICHAEL J. MAYER
PATRICK A.FARRELL SOUTH ST. PAUL, MINNESOTA 55075 -
DAVID L.GRANNIS,III
ROGER N. KNUTSON TELEPHONE(612)455-1661 '+ I
DAVID L.HARMEYER
*Also Aourrrnn To July 19, 1989
PtACTru IY WISCONSIN
I
Ms. Jo Ann Olsen I
Chanhassen City Hall
690 Coulter Drive, Box 147 r II Chanhassen, Minnesota 55317 1
RE: Interim Use
Dear Jo Ann: I
Enclosed is a redraft of the interim use ordinance. The only II change of substance is the addition of a purpose and intent
section. This is a new zoning tool and I suggest some caution in
using it. Rather than allowing applications for virtually
anything, I suggest treating them like permitted, conditional,
and accessory uses, in that each such use must be listed.
Very truly yours, I
GR. . , S, GRANNI - .RRELL
- NUTSO - II
son
RNK:srn II
Enclosure
I
II
II
II
II
.JUL 2 0 1989
•r I OF CHANHAS �,. ,
11 CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN
CITY CODE BY ADDING PROVISIONS CONCERNING INTERIM USE PERMITS
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS AS FOLLOWS:
Section 1. Chapter 20, Section 20-1 of the Chanhassen City Code
is amended by adding a definition of °interim use° to read as
follows: °interim use" means a temporary use of property until a
particular date, until the occurrence of a particular event, or until
zoning regulations no longer permit it.
Section 2. Chapter 20, Article IV of the Chanhassen City Code
is amended by adding Division 5 to read as follows:
Division 5. Interim Use Permits.
' Section 20-381. Purpose and Intent.
The purpose and intent of allowing interim uses is (i1) to allow
' a use for a brief period of time until a permanent location is
obtained or while the permanent location is under construction, and
(2) to allow a use that is presently acceptable but that, with
anticipated development will not be acceptable in the future.
' Section 20-382. Application, Public Hearing, Notice and Procedure.
' The application, public hearing, public notice and procedure
requirements for interim use permits shall be the same as those for
amendments as provided in Article II, Division 2, except that the
permit shall be issued on the affirmative vote of a majority of the
' entire council. Although specific submissions required to complete an
application for an interim use permit may vary with the specific use
and the district in which it is located, all applications for such
permits must include at minimum a site plan that clearly illustrates
the following: proposed land use, buildings and functions, circula-
tion and parking areas, planting areas and treatment, sign locations
' and type, lighting, the relationship of the proposed project to
neighboring uses, environmental impacts and demand for municipal
services.
Section 20-383. General Issuance Standards.
The planning commission shall recommend an interim use permit
and the council shall issue interim permits only if it finds that
such use at the proposed location:
r07/18/89
I
I
1. Meets the standards of a conditional use permit set forth in 11 Section 20-232 of the City Code.
2. Conforms to the zoning regulations.
3. The use is allowed as an interim use in the zoning district.
4. The date of event that will terminate the use can be identified
with certainty.
5. The use will not impose additional costs on the public if it is
necessary for the public to take the property in the future; and
6. The user agrees to any conditions that the City Council deems
appropriate for permission of the use.
Section 20-384. Termination.
An interim use permit shall terminate on the happening of any of
the following events, whichever first occurs:
1. The date stated in the permit;
2. Upon violation of conditions under which the permit was issued;
3. Upon change in the City's zoning regulations which renders the
use non-conforming.
Section 3. Chapter 20 of the Chanhassen City Code is amended by
adding the following:
Section 20-557 to read as follows: '
The following are interim uses in the "A-i" District:
1. Mobile homes (compliance with Section 20-905 is not required) . '
Section 20-576 to read as follows:
The following are interim uses in the "A-2" District: 1
1. Churches.
2. Mineral extraction.
3. Contractor's yards.
4. Mobile homes (compliance with Section 20-905 is not required) .
Section 20-676 to read as follows:
The following are interim uses in the "R-12" District: '
1. Real estate office and model homes.
Section 20-696 to read as follows: '
The following are interim uses in the "BN" District:
1. Churches.
2. Outdoor display of merchandise for sale.
1
-2- 1
I
1
Section 20-716 to read as follows:
11 The following are interim uses in the "BH" District:
' 1. Churches.
Section 20-736 to read as follows:
The following are interim uses in the "CBD" District:
1. Churches.
' 2. Outdoor display of merchandise for sale.
Section 20-756 to read as follows:
The following are interim uses in the "BG" District:
_ t
1. Churches.
Section 20-775 to read as follows:
The following are interim uses in the "BF" District:
1. Churches.
Section 20-816 to read as follows:
The following are interim uses in the "IOP" District: i
1. Churches.
Section 4. Chapter 20 of the Chanhassen City Code is amended by
' deleting the following Code Sections:
1. Section 20-555(3)
' 2. Section 20-574 (3)
3 . Section 20-574 (6)
4. Section 20-674 (6)
' 5. Section 20-694 (4)
6. Section 20-734 (1)
7. Section 20-903
Section 5. Chapter 20 of the Chanhassen City Code is amended by
amending Section 20-1376(a) to read as follows:
' It shall be unlawful for any person to remove, store or excavate
rock, sand, gravel, clay, silt or other like material in the city, or
to fill or raise the existing surface grades, without receiving an
extraction permit for mineral extraction. Such permits may only be
' issued in the zoning district when mineral extraction is listed as an
interim use.
' Section 6. This Ordinance shall be effective August 1, '1989,
following its passage and publication.
' -3-
ADOPTED by the City Council of the City of Chanhassen this
day of , 1989.
ATTEST: '
Don Ashworth, City Manager/Clerk Donald J. Chmiel, Mayor '
1
-4- - ..
Planning Commission Meeting
November 15, 1989 - Page 45
I
Conrad: I just have a situation where I can stay a few more minutes but I
don't know that it would do it justice.
Krauss : We could hold it over.
' Conrad: I think that's my preference. So what do we have?
Emmings: We have number 5 and number •7. Interim uses.
Conrad: Okay. Is that controverial in anybody's mind? Will there be a
lot of discussion tonight? I 've got some comments on it.
Batzli: I have one comment.
Conrad: Maybe we could try to get the interim uses taken care of tonight
and just hold the one item over.
' PUBLIC HEARING:
ZONING ORDINANCE AMENDMENT TO AMEND THE CITY CODE REGARDING REVISIONS TO
THE ZONING ORDINANCE TO ALLOW FOR THE REVIEW AND GRANTING OF CONDITIONAL
USE PERMITS FOR USES THAT ARE TERMPORARY IN NATURE IN ALL DISTRICTS.
Paul Krauss presented the staff report on this item.
' Emmings: We' re going to be amending this one a lot. With every proposal
that comes in, we're going to have to do an ordinance amendment which seems
sort of funny to me but maybe it's the only thing we can do.
Elison: It also gives us the chance to say no to them.
I Conrad : It solves a particular problem right now. It's real incomplete
but on the other hand it does solve a particular problem and I think there
are needs for interim uses . I really don' t mind interim uses at all . I
think that's pretty good.
IKrauss : And the context of interim rather than temporary is a better one.
Interim implies that something's going to happen to change it. Some cities
I that have had temporary conditional use permits basically have had ad hoc
changes to the ordinance and so they just keep delaying when this temporary
use has to disappear .
I Conrad: I'm going to open this up to the public. Is there any input from
the public?
IWildermuth moved, Batzli seconded to close the public hearing. All voted in
favor and the motion carried. The public hearing was closed.
' Emmings: I already made my comments. I think it's something that we need.
It's a hole in our ordinance now. We need something to plug it. I'm not
real happy about it because I think we' re going to be amending it when
Isomething comes up and I don't like that but I can't think of any. . •ther way
Planning Commission Meeting
November 15, 1989 - Page 46
to do it.
Ellson: The only thing that I thought about and you kind of answered- it
was I didn't like the idea about it could be extended or something like
that. In other words, this could be tied to something that we 'd see •
following or an end. Do you know what I 'm saying? That's why I was so
hesitant with the bank. He looked like he had an end but I was just not
sure that it could actually be tied to an ending point I guess. ,
Krauss: Right and one of the conditions of approval here is that the
applicant has to demonstrate that the date of event that will terminate the
use can be identified with certainty. •
_ Ellson: Right so that makes it better.
ti
Conrad: I' ll get out of order here but it implies, there was not a method
for an extension. Now things do change. Zoning change. Land use's change.
Comprehensive plans change so when those changes, I think there may be, I I
think there should be a methodology of applying for an extension.
Krauss : There would be. Basically you could come in and ask that the
approval be revalidated based upon a new set of conditions. '
Emmings: Or just ask for a new permit. If my permit expires on midnight,
Jnauary 1, 1992, I can come in and say I need a new permit. I
Conrad: Okay. Are you comfortable with that?
Ellson: I don't like that they can extend it, that's for sure. If the
bank comes in.
Emmings: That' s not what he's saying though. He's saying that they'd
have to come back and apply anyway. It's kind of the same thing.
Conrad: It' s the same thing only different. '
Batzli: My problem with this is the same problem I have with the
conditional use permit and that is, it's fairly vague as to termination.
The conditional use permit, we really have a hard time trying to decide
whether it's terminated or not. This reads fairly clearly that the minute
that the violation occurs it's terminated. What normally happens is the
City is you write a letter and you tell them to change it back and then
that doesn't happen and then 6 months later you write another letter and
then somebody goes out to visit the site and then you decide whether you're
going to have a public hearing or not. By this time you don't know, you've I
allowed the supposedly terminated interim use to proceed now for a lengthy
period of time. That's really the problem with the conditional use permit
and one that I see here also is that if it said that upon a violation
occuring or coming to the attention of the City, a public hearing will be I
held and the City shall vote on whether it's in violation and it shall be
revoked, I 'd feel a lot better than what's there right now personally.
That's my only comment. In other words, there's a definitive process for I
this is what happens and if they rule on it, you're vapor fella. .- That's
Planning Commission Meeting
November 15, 1989 - Page 47
I
I what I 'd like to see but I ' ll still vote for it because I think there's a
hole that we need to fill .
Wildermuth: I like what you said Brian. I was comfortable with the change
IIto begin with but then I agree that I think any motion ought to reflect
something like that.
' Conrad : I don' t mind that either . Anything else? The only other thing
that I wrote down here, and I don't know how to apply it but when you allow
a temporary use, do we want it to meet the intent of the district' s use or
is that contrary by definition?
' Ellson: That' s a philosophical thing.
' Krauss : It' s not philosophical. It' s just the discussion that Roger and I
had. My approach would have allowed you to consider anything anywhere but
Roger pointed out some good reasons for not doing that. First of all it
I completely undermines the whole intent of structuring an ordinance the way
traditional zoning ordinances are structured. If anything could be allowed
anywhere on a temporary basis, why prohibit it on a permanent basis? Plus
he said that he felt there were some real problems within the context of
I the State enabling legislation for how you would regulate something like
that. It also tends, frankly, to lead to arbitrary determinations by
cities that could affect future development and neighborhoods and on and
II on.
Conrad : You could make that point. I can make the contrary point. It is
I more specific. If you've got the intent of the district in mind, you do
have some guidelines . That' s again these intent statements that we talk
about all the time are real important. Once you understand the concept
behind an ordinance or a zone, then I don' t have a problems making rulings,
I as arbitrary as they may be because I 'm trying to match that intent
statement so that's why, I think I could counter Paul your argument on that
one but it basically, you've persuaded me that we can' t do this. But it
I still hasn't set the right guidelines. You've persuaded me we can't put an
intent in there.
Emmings: Why?
Conrad: Because if it met the intent of the district, it would have been a
permitted use in the first place.
IEmmings: Well what about saying it should be compatible with other uses in
the district because see that will give some guidance too when you come
I around to amending. Because you're going to have to amend the ordinance
just about every time, you're going to be able to look at that but I think
it would be good to have something like that.
I Krauss: I asked Roger- that exact question again because I had drafted
something that did say compatability and he said well that's all taken care
of, as a lot of things are, by when he referenced that an interim use has
I to meet the standards of the conditional use permit. So when we went back
to that discussion earlier tonight, the 14 standards of a CUP section that
1
Planning Commission Meeting
•
11
November 15, 1989 - Page 48
get to mom and apple pie, those all apply here.
Wildermuth: Except that it's got some kind of a time limit right?
Krauss: Yeah. '
Emmings: I'm going to make a counter argument to Brian's point that you
guys all jumped on down there. Rather than trying to figure out a specific '
system for enforcement, the event that triggers enforcement is very
specific here and I think enforcement is just a measure of the will and
determination of the City and the availability of resources and energy and I
commitment and all those things. What happens, and what's a little bit
different about the CUP than this is with the CUP, first of all it runs
with the land and it's embedded a little more than this ever would be
because this has an event or a time that terminates it. With a CUP there' s I
always some interpretation. They say he's violated a condition of his CUP.
Well , have I really violated it and you get into a big argument over that
and I don't think you're going to have those kinds of arguments with the
interim uses just because the ending point is going to be very specific.
Otherwise it will never be allowed in the first place. Then whether or not
the City chooses to enforce it, the tools are certainly there already. So
I don't think you have to design the system for enforcement. I don't think
it will add a thing. If the City doesn' t have the will to enforce it, it
won't do it and if it does, it already can so that'd be the other side of
that one to me. '
Conrad: Okay, the one who makes the motion has the power on this one. Who
wants to make the motion? ,
Emmings: I do. I'm going to move that the ordinance, amending Chapter 20
of the Chanhassen City Code by adding provisions concerning interim use
permits as presented in the staff report, November 6, 1989 be approved.
Recommend approval to the City Council. You all know what I mean.
Conrad: Is there a second to that washy washy motion? 1
Batzli: I' ll second it.
Emmings moved, Batzli seconded that the Planning Commission recommend
approval of an Ordinance Amending Chapter 20 of the Chanhassen City Code by
adding provisions concerning interim use permits as presented by staff.
All voted in favor and the motion carried.
Conrad: Do we need a motion to defer the item 7, which is a public hearing I
to the next meeting? We do need that motion?
Emmings moved, Wildermuth seconded to table item 7, Zoning Ordinance 1
Amendment to amend the City Code, Division 6, Site Plan Review to revise
the procedure, expand on development standards and require financial
guarantees for landscaping and other site improvements be tabled until the I
next meeting . All voted in favor and the motion carried.
I
City Council Meeting - December 18, 1989
I
Councilman Boyt: Well I would move approval of the first reading, adding to
Section 3, point 9 that motor fuel stations provide for the collection and
recycling of oil.
Councilman Johnson: You can just rewrite 6.
Councilman Boyt: Well, whichever.
Mayor Crsel: Section 4?
Councilman Boyt: Sure. The intent would be any place that sells motor oil
' which some of these may then decide that it's not worth selling motor oil but
certainly the service stations are going to.
Mayor Chriel: Okay...that 100 feet and so on. More than 100 feet. Okay. Is
there a second?
Councilman Workman: I'll second it.
Councilman Boyt moved, Councilman Workman seconded to approve the first reading
of the Zoning Ordinance Amendment modifying zoning restrictions and locations
' for convenience stores, gas stations and automotive service stations with an
amendment to Section 20-282, condition 6 to include that all motor fuel stations
provide for the collection and recycling of used motor oil. All voted in favor
' except Councilwa an Dimler who opposed and the motion carried with a vote of 4
to 1. •
K
II Paul Krauss: Two points of clarification if I could briefly. Did that
condition also apply to convenience stores that sold oil?
' Councilman Boyt: Yep. Anything that sells oil.
Paul Krauss: Okay, and was the setback increased or it has not been at this
titme?
ICouncilman Boyt: Not yet. I think we asked to consider 150 to 210.
IMayor Ch►ael: Yes.
' Councilman Boyt: But we didn't change it yet.
ICouncilman Johnson: And the typo's corrected right?
Mayor Chrdel: Right.
ZONING ORDINANCE AMENDMENT REGARDING REVISIONS TO THE ZONING ORDINANCE TO ALLOW
FOR THE REVIEW AND GRANTING OF CONDITIONAL USE PERMITS FOR USES THAT ARE
TEMPORARY IN NATURE IN ALL DISTRICTS, FIRST READING.
Paul Krauss: Mr. Mayor, irm prepared to go ahead with that. Would you like for
' ire to skip this one tonight in favor of going to what we have left on the
agenda? This isn't pressing.
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City Council Meeting - December 18, 1989 '
I
Mayor Chr,iel: I don't think that is a pressing situation. Maybe we could just
table that.
Councilwoman Dialer: I'd like to rake a comment on it. Just real short.
Mayor Chmiel: Okay, say it. 1
Councilwoman Dialer: I was just wondering if we're satewhere including seasonal
sales of Minnesota grown products? ,
Paul Krauss: Nb we're not. There was another ordinance that was drafted last
summer that I think we lost in the pile someplace pertaining to sales of farm
products. '
Councilwoman Dismler: Okay, should we rention this in that one?
Paul Krauss: I don't know. '
Councilwoman Dialer: I would like to have it covered somewhere. Whether it's
in this ordinance or in another one. 1
• Paul Krauss: I suppose we could, sure.
Councilman Boyt: It sight be better to have same sort of permit process for
that rather than going through the getting some sort of interim coVitional use.
That's kind of involved.
Paul Krauss: The problem, with this is if somebody wanted to sell their corn
crop or whatever off the back of their pick-up truck.
Councilwoman Diurler: That's what they did last year.
Paul Krauss: But through this ordinance it would take them, 2 1/2 months or so
to get it approved.
Councilman Boyt: We need a permit that...
Councilwoman Dialer: Okay, so what do we have covering.
Paul Krauss: If you go through the Planning Oa Mssion, City Council you're '
probably looking at 2 to 2 1/2 months.
Councilwoman Dialer: Okay, fine. I understand that and the season's over udth
but what do we have covering that because we had, that care up last season. Co
we have anything covering that?
Roger Knutson: hb drafted an ordinance. '
Paul Krauss: We can resurrect that and baring it back.
1 �
Councilman Johnson: ''''Didn't that get passed?
Paul Krauss: No. It's never been reviewed.
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City Council Meeting - December 18, 1989
Councilman Boyt: I have a couple other, excuse ne but I think these are fairly
important if we're going to bring it back. One, I think we ought to strike
Mobile homes as an interim use. I think we're kidding somebody. At least I
would be, if they thought I'd vote to put mobile hares in Chanhassen.
Councilman Johnson: Construction trailers?
Mayor Chide': Well no. For instance, if someone were wanting to build their
own home and utilize a mobile home for that interim. I've seen that happen.
Councilman Boyt: I think there's same sort of construction situations where
people put one on site for their construction crews. Well, okay. If you guys
want it but...
Mayor Oriel: I can see where that might be. Just for that specific use.
Councilman Boyt: That's something to consider before bringing it back is how do
we take care of that use without...
Councilwoman Dialer: Well on any of these, we have the final say when they come
in and apply don't we?
Mayor Qimdel: Yep.
Councilman Boyt: The other thing is, I think we should, staff should review all
conditional uses currently and take out of, use that list as a starter list to
came up with interim because we don't have enough on here. This is hardy worth
II doing. Churches are the only thing that show up but I think if they went back
and referenced other things that we said are conditional uses, they'd find a
whole list that they could put in here. Not that all conditional uses should be
IIinterim, but it'd be a good starting point. That's all I have.
II Mayor avdel moved, Councilwoman Dialer seconded to table action on Zoning
Ordinance Amendment regarding revisions to the zoning ordinance to allow for the
review and granting of conditional use permits for uses that are temporary in
nature in all districts, first reading. All voted in favor and the motion
11 carried.
' WETLAND ALTERATION PERMIT FOR THE CONSTRUCTION OF A BOARDMLK ALONG THE EDGE OF
A CLASS A WETLAND, 7280 KURVERS POINT, WOODAALE BUILDERS.
Paul Krauss: Mr. Mayor, r,e hers of the Council. The applicant's requesting
approval for a wetland alteration permit to build a boardwalk out to an elevated
area located adjacent to Lotus Lake and to add same fill to an area located
above the high water of Lotus Lake, basically to firer, it up. It's rather soft
I and squishy at this time. Tb firer, it up so that it becomes useful lawn area.
The boardwalk will be located 5 feet at the closest point outside the protected
wetland area and neither it nor a retaining wall that's already been built for
' the house, encroach into the wetland. We support the idea of using a boardwalk
in this area rather than the use of woodchips or gravel because it will run atop
a dyke that is used to create an impoundment area for storm water and the
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