7. Zoning Restrictions and Locations for Convenience Stores, Gas Stations and Auto Service It'F ter, __-_. /_Pd11
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July 11 , 1989
I
MEMORANDUM
I
TO : Planning Commission and Staff
IFROM: Mark Koegler '"
DATE : July 11 , 1989
ISUBJECT: Ordinance Amendment - Convenience Stores
IThe attached ordinance draft is consistent with the discussion of
convenience stores and gas stations that occurred at the Planning
II Commission meeting on June 21 , 1989 . One minor change has been
made . On the matrix that was in my memorandum dated June 12 , 1989 ,
convenience stores without gas pumps were listed as being
conditional uses in the BN zone . The intention was to list
I convenience stores without gas pumps as permitted uses in the BN
zone . The ordinance draft reflects this change .
IPLANNING COMMISSION UPDATE
On July 19 , 1989, the Planning Commission discussed the zoning
I ordinance amendment and recommended approval. The Commission
directed staff to add a definition for convenience store with gas
pumps to be included in the amendment. This has been included in
II the amendment.
CITY COUNCIL RECOMMENDATION
I Staff recommends the City Council adopt the attached amendment
for first reading.
I
I
I
3030 Harbor Lane North Sldg.11, Suite 104 Minneapolis, MN. 55447-2175 612/553-1950
44 II
CITY OF CHANHASSEN I
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 Station" - Motor fuel station means a retail place
of business engaged in the sale of motor vehicle fuels, 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. No services shall be
provided for maintenance or repair of motor vehicles, except
for the provision of window washing, air and oil dispensing
services .
Section 2. Chapter 20 , Article XVI ( "BN" Neighborhood
Business District) of the Chanhassen City Code is modified in the
following manner: I
Section 20-694 . Conditional Uses - Omit item ( 2 ) Automotive
service stations .
Section 3. Chapter 20 , Article XVII ( "BH" Highway and
Business Services District) of the Chanhassen City Code is
modified in the following manner: I
Section 20-712 . Permitted Uses - Add item ( 20) Motor fuel
stations . '
I
I .
' Section 4 . Chapter 20, Article XVIII ( "CBD" Central Business
District) of the Chanhassen City Code is modified in the
following manner:
' Section 20-734 . Conditional Uses - Omit item ( 4 ) Convenience
store with gas pumps.
' Section 5. Chapter 20 , Article XIX ( "BG" General Business
District) of the Chanhassen City Code is modified in the
following manner:
' Section 20-752 . Permitted Uses - Omit items ( 3 ) Convenience
stores with or without gas pumps and ( 27) Automobile service
' stations .
Section 20-752 . Permitted Uses - Add item ( 30) Convenience
stores without gas pumps.
' Section 20-754 . Conditional Uses - Add items ( 6) Convenience
stores with gas pumps, ( 7 ) Automotive service stations and
' ( 8 ) Motor fuel stations .
Section 6 . Chapter 20, Article XX ( "BF" Fringe Business
District) of the Chanhassen City Code is modified in the
following manner:
Section 20-773. Conditional Uses - Omit item ( 1) Automotive
' service stations without car washes .
Passed and adopted by the City Council of the City of
' Chanhassen this day of , 1989 .
CITY OF CHANHASSEN
By:
Donald J. Chmiel, Mayor
ATTEST:
Don Ashworth, City Manager
Planning Commission Meeting
July 19 , 1989 - Page 7
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3. A deed restriction will be recorded against each lot abutting the I
wetland stating that the lot contains a protected wetland with a 75
foot setback from elevation 927 .
II
4. The applicant shall obtain and comply with all conditions of the
Watershed District permit .
All voted in favor and the motion carried. II
PUBLIC HEARING:
I
ZONING ORDINANCE AMENDMENT MODIFYING ZONING RESTRICTIONS AND LOCATIONS FOR
CONVENIENCE STORES, GAS STATIONS AND AUTOMOTIVE SERVICE STATIONS.
IMark Koegler presented the staff report . Chairman Conrad called the
public hearing to order.
Ellson moved , Wildermuth seconded to close the public hearing . All voted I
in favor and the motion carried. The public hearing was closed.
Conrad : Tim, we' ll start at your end . Anything? I
Erhart: No. Not on this one. We discussed this thoroughly the last
II
time.
Emmings : The only thing I thought about when I read this and it may be
II
real simple. If you have a place selling gasoline, and they have more
than 400 feet , square feet of foot area for retailing non-automotive
goods, what is it?
IIKoegler : Can you repeat that?
Emmings: If you have a place that ' s selling gasoline or motor fuels but
it happens to have 405 feet of floor area for retailing of non-automotive
goods, what is it? Does that help?
Conrad: It can' t be .
I
Ellson: That ' s your definition of convenience store.
Wildermuth : Convenience store with gas pumps . I
Koegler : You' re saying it would kick it above the threshhold of the motor
fuel service station in terms of the retail square footage. That would
kick it into the convenience store.
Emmings : Now it ' s a convenience store? I
Ellson: Right .
Koegler : Convenience store picks up where that one leaves off with over II
II
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Planning Commission Meeting
July 19, 1989 - Page 8
' 400.
Emmings : Okay, but the definition of convenience store doesn ' t include an
ability to sell motor fuels. Or,doesn' t include the sale of motor fuels .
Koegler : There ' s two convenience stores . We have one with as pumps and
one without.
g P P
' Emmings: Okay, and do we already have a definition?
Koegler : Yes. Along with.
Emmings : Alright . That was the case that popped into my mind and if it' s
accounted for, that' s fine.
' Koegler : It probably would have been clearer if we would have repeated
that in the previous report.
Emmings: And I didn ' t look for it .
' Ellson : I like it. I wanted to make these things and I like the way
we' re going so that' s fine.
Wildermuth : I really don ' t have any comments other than I think they
probably all should be conditional uses . Permitted and conditional
accomodation probably all should be reviewed on a conditional use basis .
' Headla: No comment.
Conrad : My only comment , under convenience store definition . Middle of
that paragraph it says this includes soda and similar beverage dispensing
' and food products which can be heated and/or prepared on site . Prepared .
We do want the word prepared in there?
' Olsen : It ' s in microwaves .
Emmings : Some of they do it now. I 'm aware of some that do .
Conrad: Prepare? Not heat .
Emmings : No , I 'm talking about . . .
' Ellson: You mean like a bakery in there?
' Emmings : No , they put together pizzas . I don ' t know to what extent they
do it.
Conrad : That doesn ' t seem like a convenience store to me. Convenience
store doesn' t prepare food. That ' s a Lestaurant .
Emmings : Yes , they'd sell a frozen pizza but now make it on site .
' Conrad : They can heat up what they' re selling to the public. I 'd buy
Planning Commission Meeting
July 19 , 1989 - Page 9
k
that but to prepare it throws it into a different category in my mind .
Does it matter? And I couldn ' t take it any further than that but prepared'
bothered me.
Koegler : That definition is a carry over from some of the discussions
that you had with Steve when he was here. I don ' t know what transpired at
that time. I don' t know if there was supposed to be a distinction between
heated and prepared. I think the intent of the ordinance from at least my
perspective is clearly that it ' s supposed to be pre-packaged products that myl
maybe you zap in the microwave for 30 seconds and you go out the door .
It' s not supposed to be a food preparation area because that gets you into'
health requirements and everything else that these would not begin to
meet. You have the venting requirements and everything else under
building code that you have with kitchens . I don' t think there' s any
damage if it' s troublesome to strike the word and/or prepared .
Conrad: Is Tom Thumb a convenience store?
Ellson: Yes . '
Conrad : Which we have down on TH 101 and they have a little deli in
there. I don' t know what they do to get the food to their little deli but '
it ' s. . .
Koegler : They' re doing more and more of that . '
Conrad: There' s a lot of business there. I guess you know, it didn' t
seem in sync but I 'm not anti that word . I just bring it up and if I
anybody is bothered by it, we could strike it but on the other hand , just
thinking about Tom Thumb . They have a little deli in it and it ' s not bad .
I think it is a convenience to their surrounding neighbors and doesn' t
bother me.
Ellson : What is your biggest concern? That someone will have a prepared
thing and come and call it convenience store? I guess what' s the worst
that could happen?
Conrad : No , it just took a convenience store another step further into a
restaurant category which means more traffic which means some other things
but I think when I think about the alternatives of striking it , and maybe
some assets that it brings to the neighborhood, I prefer to keep it in
there. '
Ellson : He didn ' t mean something that has to be warmed to eat and
prepared could be either . Like you said , maybe a put your own sundae or
something would be prepared but it wouldn ' t be heated so I think it should
be in there.
Emmings : I supposed being under 400 square feet is going to provide some
limitations too where they' re going to want to be displaying so much
c merchandise in a fairly small space that they' re not going to want to
devote much to preparation. I don' t know. '
Planning Commission Meeting
July 19 , 1989 - Page 10
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Conrad : I think the only thing I see Steve is , because of convenience
store and where we put them. . .
Ellson : He said anything over 400 feet .
Conrad: Yes, it would be over 400 feet. I 'm not sure I see a down side.
' In a business neighborhood , traffic is what we ' re worried about and as
long as we can' t sit down, I guess I 'm not totally bothered after going
through the logic myself. Anyone want to make a motion? I don ' t think
' we' re talking about any wording changes to what is there.
Emmings : I 've got a question.
Ellson: We don' t have any guidelines . . .
Olsen : We ' re looking for it too .
Emmings : What, the definition?
' Olsen : Yes .
Emmings : Of convenience store with gas pumps , yes . It ' s not in there.
Olsen: Well we don' t even have convenience store but I know that we ' ve. . .
Emmings : No , it ' s not in this draft of the ordinance unless it ' s been
' added since.
Olsen : That ' s why I 'm thinking it must have been an amendment .
Emmings: I feel like I remember seeing it but it ' s not in the Code.
Olsen : Whenever we have anything in there, we always define it . Maybe it
never was defined. I know that it was .
Emmings : What are you looking from us on this? Do we have to make a
' motion recommending approval?
Olsen : This is a public hearing . This is the real thing .
Emmings: Do we need to close the public hearing?
Conrad : It has been closed . We just need a motion .
' Emmings: I ' ll move that we recommend to the City Council that they
approve the ordinance as presented to us by staff and I 'd also ask that
' staff check between now and the time it' s presented to City Council to
make sure that we have a definition for convenience store with gas pumps
that corresponds to the other definitions we ' ve been presented. with
tonight so that they all coordinate together .
Wildermuth: Second .
1
Planning Commission Meeting II
July 19, 1989 - Page 11
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Koegler : My only comment would be that convenience store with gas
pumps, I think the assumption has been that that' s self explanatory. That
the only differential between the two is the existence of pump islands.
If we need to clarify that by adding another one that essentially says the
same thing except this one has pump islands, we can do that but I think '
the assumption, the way the ordinance is drafted right now is that
convenience store and convenience store with gas pumps are the same thing
as far as the building goes. The only differential is the sale of
petroleum outside.
Emmings : Maybe you just want to add a sentence under convenience store
that would say that if they sell motor fuels too, then it will be
designated as a convenience store with gas pumps or something like that.
I think it should be defined in there someplace.
Emmings moved , Wildermuth seconded that the Planning Commission recommend
approval of Zoning Ordinance Amendment to Chapter 20 adding provisions '
concerning convenience stores and motor fuel stations as presented by
staff and directing staff to look into the definition of convenience store
with gas pumps between now and the time it reaches City Council . All
voted in favor and the motion carried.
PUBLIC HEARING: ZONING ORDINANCE AMENDMENTS TO THE CITY CODE: '
A. SECTION 20-3 REGARDING DEFINITION OF DENSITY.
B. SECTION 20-409 REGARDING WETLAND SETBACKS (200 ' ) FOR COMMERCIAL DOG
KENNELS AND STABLES.
C. SECTION 20-441 REGARDING ENFORCEMENT OF THE WETLAND SECTION.
D. SECTION 20-1021 REGARDING SWIMMING POOL FENCES.
Conrad : Jo Ann , there aren ' t many people in attendance. Do you have a
staff report that you want to go through? 1 '
Olsen : No , we can just go through each one . . .
Conrad: Anything different than the last time that we talked about it?
Yes , maybe we should go through it . I think for procedural purposes ,
we' ll open up the public hearing for any comments to the amendments
proposed to our zoning ordinance for Section 20-3, 20-409 , 20-441 and
20-1021. Are there any comments? If not, is there a motion to close the
public hearing?
1
Erhart moved , Emmings seconded to close the public hearing . All voted in
favor and the motion carried. The public hearing was closed. '
Conrad : Let' s go through them one by one. Any comments on 20-3 ,
definition of density? Any comments? How about 20-409? Wetland setbacks I
1