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6 a&c. SA Th 7 & 41 CUP & Site Plan I . , CITY OF e . ,- Q., 1 1 \ CHANHASSEN r -\`>. J.,. _. , .R.. 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 I (612) 937-1900 MEMORANDUM CC- 1 TO: Planning Commission - --Y FROM: Jo Ann Olsen, Asst. City Planner Dat 9 OLf_' _ II Date 8 amitt.d �c;wi,::icfl DATE: September 15 , 1988 -/e6 Date Su:,,:..ted lu Gs:k:-! ISUBJ: SuperAmerica Hwy. 7/41 ____AN/ •• On August 3 , 1988, the Planning Commission tabled action on the site plan review and conditional use permit for the SuperAmerica 1 convenience store with gas pumps until the following issues could be resolved (Attachment #1) : Ii . Access from Hwy. 7 . Whether MnDOT would permit the site access from Hwy. 7 . I2 . Amend the site plan as follows: a. Provide a 15 ' side yard setback from south lot line I b. Revised landscape plan providing additional berming and screening I c. Provide a new ground low profile sign design which meets city requirements II d. Provide proper channelization and signage to prevent right hand turning movement into the Hwy. 7 entrance 3 . Provide information on emergency plans if gasoline spills Ioccur. 4 . Provide a traffic study to determine if the site and access Iwill accommodate the proposed use. The applicant has provided an amended site plan (dated August 15 , 1988) which address #2a, b and d. The side yard setback has been I provided, the landscaping now meets city requirements and the site has been designed to restrict traffic from entering the Hwy. 7 entrance. IThe applicant has proposed a variance to the sign ordinance for the ground low profile sign which is addressed in a separate II • report. Any wall signs will have to meet city requirements . II Planning Commission September 15 , 1988 i Page 2 MnDOT has stated that the entrance from Hwy. 7 would be permitted i upon removing the right to the service entrance from Hwy. 41 just south of Hwy. 7 ( see Engineering memo) . The applicant has pro- vided a traffic study (Attachment #6 ) . Attachment #2 is a memo from the Assistant City Engineer which reviews the traffic study, access issue and gasoline spills. The applicant has also provided a lighting plan which shows the extent of light seen off site (Attachment #3 ) . The lighting barely extends beyond the site and should not impact the neigh- borhood. Staff is still recommending that the canopy lights be recessed. CONDITIONAL USE PERMIT The applicant has provided documentation which states how a gaso- line spill will be handled, that the site and access can accom- modate traffic generated from the proposed use and that lighting should not impact neighboring uses. The applicant still wishes to have the site open 24 hours for business and security reasons . The applicant is willing to limit tanker deliveries to an 8 hour shift whenever the city prefers and will not have outside storage or sales. Staff feels that the applicant has addressed several of the con- cerns of the public and Planning Commission and feels that the proposal is meeting the conditions for a conditional use permit. I Recommendation Planning staff recommends the Planning Commission adopt the i following motion: "The Planning Commission recommends approval of Conditional Use Permit #88-10 as shown on the site plan stamped "Received July 11, 1988" with the following conditions: 1 . No unlicensed or inoperable vehicles shall be stored on premi- i ses . 2 . No repair, assembly or disassembly of vehicles is permitted on premises. 3 . No public address system shall be audible from any residential 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 is permitted. i 1 . Planning Commission 11 September 15 , 1988 Page 3 6 . The lights on the gas canopy shall be receded into the canopy. 7 . There shall be no outside storage or sales . 8 . Tank deliveries will be limited to an 8 hour shift and on 1 days as determined by the city. 9 . The applicant shall meet all conditions of the Assistant City Engineer. 10 . The applicant shall comply with all conditions of the site plan approval. PLANNING COMMISSION ACTION ' On September 21, 1988, the Planning Commission unanimously voted for approval of the conditional use permit #88-10 with the above 10 conditions and the following changes to Conditions #6-#9 : 6 . The lights on the gas canopy shall be receded into the canopy to eliminate dispersion of light into the surrounding neigh- borhood area. 7 . There shall be no outside display, storage or sales of merchandise. 8 . Tank deliveries will be limited to 8 : 00 a.m. to 8 : 00 p.m. and on days determined by the city. ' 9 . The applicant shall meet all conditions of the Assistant City Engineer as in the memo dated September 14 , 1988 . STAFF UPDATE Condition #7 limits the hours of tank deliveries to 8 : 00 a.m. to ' 8 : 00 p.m. as determined by the city. The days permitted for tank delivery should be specified in the condition and staff is recom- mending Monday through Friday. CITY COUNCIL RECOMMENDATION Staff recommends the City Council adopt the following motion: "The City Council approves Conditional Use Permit Request #88-10 as shown on the site plan stamped "Received August 15 , 1988" with the following conditions: 1 . No unlicensed or inoperable vehicles shall be stored on premises . 2 . No repair, assembly or disassembly of vehicles is permitted on premises. I Planning Commission September 15 , 1988 Page 4 3 . No public address system shall be audible from any residential , 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 vehicles is permitted. 6 . The lights on the gas canopy shall be receded into the canopy I to eliminate dispersion of light into the surrounding neigh- borhood area. 7 . There shall be no outside display, storage or sales of merchandise. 8 . Tank deliveries will be limited to 8 :00 a.m. to 8 : 00 p.m. , ' Monday through Friday. 9 . The applicant shall meet all conditions of the Assistant City , Engineer as in the memo dated September 14 , 1988 . 10 . The applicant shall comply with all conditions of the site plan approval. " SITE PLAN I The applicant has addressed the site plan issues, i .e. setbacks, landscaping and directing traffic on and off the site. , Recommendation Planning staff recommends the Planning Commission adopt the following motion: "The Planning Commission recommends approval of Site Plan Review 1 #88-10 dated July 11, 1988, with the following conditions: 1 . The site plan shall meet the conditions of the conditional use permit approval. 2 . The wall signs shall meet the requirements of the ordinance. ' 3 . No signage will be permitted on the gas canopy. 4 . All rooftop equipment must be screened from view from any I direction. 5 . The trash enclosure must be totally screened. I I/ Planning Commission September 15 , 1988 Page 5 ' 6 . The applicant shall not receive a building permit until MnDOT has approved access permits for Hwy. 7 and Hwy. 41, the access points have been installed and the final plat and development contract for HSZ had been recorded with Carver County. 7 . The revised plan shall be reviewed and approved by the ' Minnesota Department of Transportation prior to final site plan review and comply with their conditions . 8 . Storm sewer calculations shall be submitted to the City ' Engineer for approval prior to final site plan review. 9 . An erosion control plan shall be submitted to the City ' Engineer for approval prior to final site plan review. 10 . The applicant shall provide the City with a copy of the exe- cuted roadway easement for the portion of Lot 2 , Block 1 which serves the westerly access for the subject parcel. 11. Utility service for this property is contingent upon the HSZ ' site improvements . PLANNING COMMISSION ACTION The Planning Commission unanimously recommended approval of the site plan with the 11 conditions are recommended by staff. CITY COUNCIL RECOMMENDATION Staff recommends that the City Council adopt the following motion: "The City Council approves Site Plan Review #88-10 dated August 15, 1988, with the following conditions : 1 . The site plan shall meet the conditions of the conditional use permit approval . 2 . The wall signs shall meet the requirements of the ordinance. 3 . No signage will be permitted on the gas canopy. 4 . All rooftop equipment must be screened from view from any ' direction. 5 . The trash enclosure must be totally screened. 6 . The applicant shall not receive a building permit until MnDOT has approved access permits for Hwy. 7 and Hwy. 41, the access points have been installed and the final plat and development contract for HSZ had been recorded with Carver County. 11 Planning Commission September 15 , 1988 ' Page 6 • 7 . T he revised plan shall be reviewed and approved by the Minnesota Department of Transportation prior to final site plan review and comply with their conditions . 8 . Storm sewer calculations shall be submitted to the City Engineer for approval prior to final site plan review. , 9 . An erosion control plan shall be submitted to the City Engineer for approval prior to final site plan review. 10 . The applicant shall provide the City with a copy of the exe- cuted roadway easement for the portion of Lot 2 , Block 1 which serves the westerly access for the subject parcel. ' 11. Utility service for this property is contingent upon the HSZ site improvements ." 1 ATTACHMENTS 1 . Planning Commission minutes dated August 3 , 1988 . ' 2 . Memo from Larry Brown dated September 14 , 1988 . 3 . Light plan. 4 . Letter from applicant. 5 . Staff report. 6 . Planning Commission minutes dated September 21, 1988 . • 1 1 Planning Commission Meeting August 3, 1988 - Page 34 C Wildermuth: I agree with what' s been said. ' Headla: Denial is consistent . Conrad : I don ' t have anything new to add . Ellson moved, Emmings seconded that the Planning Commission recommend denial of the Hidden Valley Center Site Plan because it conflicts with the 1 proposed Official Map for the relaignment of TH 101. All voted in favor and the motion carried . PUBLIC HEARING: CONDITIONAL USE PERMIT REQUEST TO PERMIT GAS PUMPS ON PROPERTY ZONED BN, NEIGHBORHOOD BUSINESS DISTRICT AND LOCATED AT THE SOUTHWEST CORNER OF HWY 7 AND HWY 41, SUPERAMERICA. Public Present : ' Name Address lk: Betty Lang 2631 Forest Avenue Allen Putnam 6285 Chaska Road Bob Wagner 2511 Orchard Lane Gene Conner 2521 Orchard Lane Roman Mueller SuperAmerica Bud SuperAmerica Randy Peterson Real Estate Agent for Applicant Roger Zahn HSZ Sandy ' Jo Ann Olsen and Larry Brown presented the staff report on this item and the Site Plan Review. Chairman Conrad called the public hearing to order . ' Allen Putnam: I live at 6285 Chaska Road which is just to the east of the proposed site . That just off of the street I live on , TH 41 where the - traffic has been getting worse there more and more. I believe that gas pumps located on this site , and this site has been brought before this body in the past. Traffic was a major concern for this particular site ' and by putting a 12 outlet gas station there, even any gas station there would significant increase the traffic turning off TH 7 onto TH 41 to come into that area . It would increase the traffic on TH 41 . There are six gas stations within a mile of that location currently in the Excelsior area . Three of them located right on TH 7 . Because of that, I would ask that this body deny the motion to put gas pumps at this location. r Betty Lang : I live 2631 Forest Avenue and I thought this was all cut and dry before when you talked about this cute little shopping center that was . i Planning Commission Meeting August 3 , 1988 - Page 35 ' going in and nothing to us about a SuperAmerica . For one thing , they had II discussed before the run-off in which they were going to have a holding pond . What kind of run-off are you going to have around Lake Minnewashta? Another thing, . . .gas stations have been brought up many times and I don' t II think. . . Conrad : Jo Ann, in terms of run-off? ' Brown: Through the HSZ site , because it ' s fairly common that the parking lot is going to pick up from the exhause fumes, etc. , part of the structures that have been proposed here in the storm sewer system by the Watershed District in trying to maintain the water quality, is a device that would skim off the oils that could possibly enter into the ponding system and the storm sewer system. So that device will prevent the oils , II the gasolines heading straight through to the lake . All the water quality issues have to be addressed through the Watershed District as well . Conrad : Does this put any new perspective, having a gas station on this corner versus a restaurant or whatever some of us might have imagined before , your comfortable that the runoff from the gas station is not going to pose any additional problems to water quality because of the skimming devices that we' re talking about? Brown: The natural run-off that we have through any parking lot, whether II it' s going to be a gas station or a restaurant is going to be the same . I 'm not going to speak in regard to if there ' s a major gasoline spill there. My previous comment regarding the gasoline station may be corrected that we do have gasoline once in a while that maybe a couple drops here or there or whatever that may come out of the spouts as the customers fill his car , in that aspect the concentration of oils that come off the parking lot could be increased. Thankfully HSZ, through their 11 planning of their parking lot , was concerned about that as the Watershed District was and they did install , or have proposed to install a skimming device . That device would in fact take care of not only the HSZ proposed II strip center but the run-off incurred by the proposed SA station as well . Again , this would not take care of any unforeseeable event . I can ' t imagine what would happen then but any expected use in this area would be accomodated for with that skimming device . Allen Putnam: Did Chanhassen run the number of cars that would be expected typical at a SuperAmerica? ' Randy Peterson : I represent the real estate investment firm. My name is Randy Peterson. I have here officials from SuperAmerica that can answer any of these questions and the design of the building to show you the model. Would you like that done at this point? Conrad : Go ahead . Why not? Randy Peterson : Also, one other thing that I did in talking to staff was, we do have a hard time if TH 7 access is cut off . We have a very difficult time. It may or may not work, like I said but we need TH 7 Planning Commission Meeting IIAugust 3, 1988 - Page 36 C Iaccess if at all possible . That isn ' t an issue here really and it ' s being worked on as I understand right now but that' s not on our . . . He asked a question on the cars right? This is what it ' s going to look like . Roman I do you want to come up because you ' re a little better advised on this . This is a whole new design that ' s coming into the cities . You' re one of the first to be seeing this design and I ' ll let him take it from here . . IIRoman Mueller : We've all met before . I 'm Roman Mueller with SuperAmerica. This is our latest prototype design that we ' re proposing I for this area . Changes to a more residential style than our older flat roof buildings. Going to a lighter style brick, solarium on it. The same basic entranceway. You see a skylit area over the entrance. Different signage appearance on the outside of the building with lighting up to this II edge. Putting a stripe trim on it. Trying to make it blend better with the residential locations where we' re building more often than not these days . One thing I 'd like to clear up what was stated in the report, there I are 6 pumps capable of serving 12 cars . Those are not 12 pumps . There are more than 12 hoses . Each dispenser has 4 hoses on each side but only one can be operated at a time giving a maximum of 12 cars to be serviced . II I just want to make that very clear . This is the style dispenser we' re discussing . On the question of traffic that was brought up, we' ve done numerous traffic studies at a number of different locations and each and every one of these around the country has shown that over 80% of the lb: traffic that draws into our site comes from existing traffic in the area so the impact of increasing the traffic flow in the area is not that much. That ' s the simplest it can be put on the traffic issue . Yes , we do I increase the number of turning motions in the area but we' re not increasing the traffic . There is some concern about theft in an existing convenience store and I 'd like to point out one of the differences that we have between ours and a majority of other convenience store operations . I That ' s the number of people we have on duty in our shifts . They' re running 2 to 3 people on duty. Using the buddy system more often than not versus many of our competitors using a single employee at any particular I time making them more susceptible to theft because there ' s no one there to watch but one person on duty. I think the issue of contamination was very well handled . If people really look into the issue of cars driving onto II the area , you ' ll find out that actually the asphalt is going to be putting out more contaminates than the cars driving on it for the most part in the initial stage of the project. I Conrad : Tell us a little bit about a disaster though . A disaster meaning a pump, a spill. A major spill . Not just minor stuff. A car sitting and idylling and oil and a little bit of gas , I 'm talking about a major spill . I How would that affect the particular drainage that our engineers have looked at? Roman Mueller : One of the things that is required of us and we do on all I our sites these days is there is a spill containment program established for the store in which the grade in the area , all aquafirs, all water lir . systems are looked at. The drainage to them. The people that need to be contacted to stop any type of a spill to contain it as it travels . Notification of Fire Marshalls. Everybody we can think of is listed in II Planning Commission Meeting August 3 , 1988 - Page 37 ' C each store and it goes down starting at the first person to be called on down so we can control it if it does happen. The potential is always there . Anytime you have a human working with something that can be spilled, it can happen. We' ve got an extremely good record at our stores II to this point in time. I 'm not aware of any major spills that we' ve had . We've had some minor ones where a truck driver is not following the rules and is not watching when he ' s filling and it will overflow. The underground tank, we' re taking preventative measures now with a system that will shut it off in the tank before he can overfill it . That' s again, a part of the new system we' re putting in as well as the inability for the gasoline to travel up through the vent pipes and be spilled out through that area. We are addressing those issues because they are very important to us as they are to everybody else . Emmings: Will this store have access to that system? Roman Mueller : This store will have that system. We are starting as of this summer putting that system in every store. What it is , it ' s a containment system at the tank that as you fill it , it begins to slow the filling from the truck which immediately the tank driver is going to notice. It begins to slow as it gets towards the top. If it gets to the II top, there' s a ball valve in there that shuts it off and then there' s a 20 gallon container above the tank that will hold all of the gases in the line. So if he' s standing there, he shuts it off , he hasn' t got anything II { to do with that 20 gallons in the line , he pulls the hose off. It will dump into this secondary containment and as the tank is lowered by people pumping gas , fuel will drain back into the tank. So the possibility or the probability of an overfill is almost non-existent. At the dispensers where the gasoline actually comes out of the ground , it ' s been required for years for a valve to be put in there. If somebody drives across and hits the dispenser , knocks it completely off the island , the valve automatically trips and shuts . It' s just a very, very simple trip valve that ' s in there so the gas can ' t come out of the dispenser then either . Conrad: Talk to us a little bit about traffic. SuperAmerica is a real , fine operation and I 'm pleased to see , it ' s just a good operation. It ' s so good that I perceive, I get a problem with what I 'm seeing on the board . Access . I still have the problem now, I have an additional problem that if we don' t have TH 7 access , what that does to traffic coming in. It ' s like we' re begging for another problem here. We not only have the other HSZ traffic that' s going to come into the site, we now have II a whole lot more coming in from possibly one site and location and that ' s a real concern to me. ' Roman Mueller : I think in just a very brief moment I had to read through II the staff recommendations, I thought that was pretty well handled in that if the access from TH 7 isn ' t allowed , we don ' t get building permits . Also, that issue is primarily something that ' s been dealt with the HSZ development. Access , understandably this is operating , we are developing only the lot area that you see in front of us. The accesses to the area are whatever HSZ lives with. I didn' t understand that access would be an issue involved with our conditional use permit. 1 . Planning Commission Meeting August 3, 1988 - Page 38 C IConrad : Well , did he reflect accurately the staff ' s report? My opinion of how I read the staff' s report is , we would not deny their application given TH 7 access . That ' s the way I reviewed it . You' re asking for , the applicant shall not receive a permit until MnDot approves access from TH 7 but you haven ' t conditioned it on access to TH 7. ' Olsen: If it' s found through that access permit to use that site can function just off of that one access on TH 41, that ' s through MnDot , the site could function separately. I think everybody is thinking that the TH 7 access will still be permitted . If it doesn ' t I think changes will be made. Conrad : How does this SuperAmerica affect all of the concerns , all the ' access concerns because it is a high traffic generater . It' s not like a restaurant where you have turnover every half hour . It is a high traffic generater every hour. How does that impact what we' ve previously seen with this whole site? In terms of traffic studies , should we refer to Larry? Brown: Two things , I 'd like to call your attention to condition 9 of the site plan. It states that the applicant shall not receive a building permit until MnDot has approved access permits for TH 7 and TH 41. Conrad : So if they don' t approve TH 7, then what happens? Brown: Then it would have to come back to the Planning Commission. To address your second concern, if you ' re satisfied with the first . Conrad : Well , that clarifies that condition . ' Randy Peterson: Say Jo Ann, would that really take place , to come back in because just eliminating TH 7 doesn ' t change our site plan though? ' . Ellson: According to this it will . Olsen : The whole HSZ site will have to come back. Brown: The HSZ site was, correct me if I 'm wrong Barb, was approved with those accesses . Unfortunatley your site is a part of that plat . If that plat does not receive approval , then there is really no reasonable way ' that we can proceed with that . The second point brought up regarding traffic, one of the things that staff looked at was , I believe the gentleman from SuperAmerica brought this up as well , the majority of the ' traffic that will be serviced by SuperAmerica in fact is already there . How many people drive 30 miles out of their way to go to the gas station? SuperAmerica right now is , I think you' ve heard their indication is , depending on this movement to direct the eastbound traffic into their site ' and in onto the site from TH 41. From a traffic volume standpoint, people would rather take this free right turn if it ' s granted by MnDot , fill up I(— and continue the continous path back out to TH 7 than they would coming here, waiting at the light , making this turn , getting into SuperAmerica , coming back out and doubling back. If in fact MnDot comes back and says that no access is permitted at this point , more than likely it ' s bound to Planning Commission Meeting August 3 , 1988 - Page 39 I - reduce this traffic volume here because people are not as willing to make that movement. Conrad : No , I don ' t agree with that . You' re absolutely right , you ' re going to do the most convenient thing. That right in access is very important. I 'm sure it' s very important to SuperAmerica . I don' t know that they'd want to be in this location if they have, the same logic holds II to get in 300 feet away from a site and try to work your way back to SuperAmerica is not the most convenient access to a gas station either . I 'm really concerned with the overall traffic. The amount of traffic that II now potentially is in that site. Either coming in right-in or exiting by going through the HSZ site. Most of your gas stations are designed , you get in and you go right back out to whatever highway. Now we' re routing them, there ' s no right-out. There ' s no right-out as we go to the north . , You've got to wind through the rest of the site and then we go out to a congested intersection because the rest of the shopping center is going to be pulling in some folks . I Roman Mueller : Increasing the left turn off of TH 7? Conrad : But basically at this point in time Larry, you' re not concerned ' about the amount of traffic . The amount of traffic that ' s coming to that one intersection, that intersection will be able to tolerate in the future. Assuming that there ' s no right-in off of TH 7 , you' re convinced that that one access will accomodate all the needs for the HSZ site and the SuperAmerica which could generate , I don' t know how many cars an hour but it would be a significant number of cars because it' s a good operation . It ' s a natural draw. People are going to go there regardless . They' re going to wind their way through. Not as many as if they had TH 7 but they' re still going to get there . You ' re not concerned? Brown: Obviously it' s a concern. From staff ' s viewpoint it' s not a very good traffic plan as you mentioned here and staff surely would have loved to have these issues all cut and dry before we had brought approval about. II Conrad : What internal , within the HSZ site , what internal traffic problems do you see if the TH 7 is not there? Brown: From the HSZ site , HSZ I believe , for their main access is going to depend on this intersection on TH 41 right now. I don ' t see any real strong impacts with this . Obviously they' re not going to have, as I mentioned before, the entire volume that they would like to see coming off of TH 7 because some people are going to say, it ' s more convenient to keep on going through out to wherever but as far as the outlots , yes it does have an impact because of the rerouting of traffic . Conrad : How do you merge the shopping center traffic with the gas station traffic? Is there any cross traffic there? It looks like there isn ' t but how do you get the other shopping center traffic in que to get out on TH 41? I 'm directing my comments to our engineer because I want him to talk about it but jump in if you' ve got some answers. 1 1 Planning Commission Meeting August 3, 1988 - Page 40 C 1 Roman Mueller : One thing I wanted to point out that I don't know if there' s confusion here or what, but the comment about people from the SA wandering through the site is somewhat off because this is the access off ' of the SA site to the service road onto TH 41 at this point. So they' re not entering anything that is controlled drive. They are not wandering through this area. They do not have to come from this point down and then through and around . The access is here and the way our islands are laid out, it more or less funnels the people in that direction. Conrad : If we lose the TH 7 site and you' ve got people coming and going ' out and then coming right back down, it' s a two way and the only access to the site. Then as you exit, how do you merge that traffic with the traffic from the rest of the site? How is that lined up? I can' t visualize it? How do the parking people at the site get in line? Emmings: If you' re parked in here, how do I get out of there? ' Roman Mueller : You' re going to have to go north up to the drive. Emmings : Okay, so the only way into this, you can' t go in anywhere along 1 there? Roman Mueller : Correct . Only at this point . Take off of let ' s say the lk: SA site and put a stop sign there. . . Keep in mind from our aspect, our entire business is built around convenience . If a person can not move in and out of our site with some level of convenience , we know that they' re not going to go there . We go through the traffic issues very, very closely. Conrad : I 'm sure you do . I 'm sure you ' re much more versed in it than I . Allen Putnam: I have a question. Is the approval of the gas pump permit and your convenience store tied together? In other words, you would not ' do one without the other? Roman Mueller : I ' ve never presented that . Allen Putnam: I assume they' re considered as one? Conrad : It ' s kind of confusing administratively from my standpoint right ' now. In our public hearing we ' re trying both together right now. In terms of how they approach it, a public hearing has to be held for a conditional use permit and that' s what we ' re really going through but we' re really getting into some site plan reviews right now which is sort of fogging some of these issues . Allen Putnam: I have another question that ' s related to , since he brought ' out the model, related to the convenience store and that is, can you tell me if in your convenience stores now, do you have any pornographic magazines? irRoman Mueller : No , we do not . They were pulled out a number of years ago at substantial expense to the company. Bud, do you remember? Planning Commission Meeting August 3 , 1988 - Page 41 ' Bud Kelp: p: Yes , they were pulled out approximately 3 years ago . We were the convenience chain in the country to pull those books off of our shelves at a cost , profit of over 3 million dollars a year but we pulled it. Allen Putnam: And you have no intentions of putting them back? 1 Bud Kelp: No sir. Gene Conner , 2521 Orchard Lane: In the consideration of the original HSZ II proposal , one of the prime reasons that came up over and over about the, I would say, the necessity for a TH 7 access was for emergency vehicles service to that area. It hasn' t been mentioned here at all tonight. I II understand that the whole thing may not be viable but that was one of the prime reasons, aside from business . Your emergency services are on TH 7 and you put a gas station in there , and I know that they take all the safety precautions in the world, you are indeed increasing your risk of the need for emergency services which I don ' t think you can handle adequately with TH 7 lost. Roman Mueller : One thing getting back to the TH 7 access , it ' s really not II an issue with our conditional use permit. .0 Conrad : That is true . We ' ve merged two issues here . We have and you did it, not me. You brought this up. I was trying to keep the items separate but you decided to come up and show us this and that is merging site plan review with conditional use permit request and I was trying to keep them 11 separate a little bit so we didn' t do what you ' re experiencing right now. But anyway, as the Planning Commission operates , we will vote on those, we will review them separately. Our discussion has merged the two together . 1 It' s still a public hearing. , Bob Wagner , 2511 Orchard Lane : We had a neighborhood meeting last Thursday and of course some of the questions were addressed and the opinion was asked of how I felt. I said I ' ll flow with the feeling of the neighbors who are closest and that' s what I 'm here to tell you about so I 'm addressing not myself but several people. We' ve talked about , and I ' ll try to jump over looks quickly, but we talked about cosmetics . Like I have a mustache and this fella has a mustache , you fellas don ' t but we all have faces and when we get right down to it, it' s still a gas station. II However cosmetic they want to figure , we have a gas station . That brings, in my opinion, contamination in several areas . We' ve talked about the possibility of contamination of fuel but I 'd like to talk about the II intensity. The 24 hour useage. The type of fuel . If we' re going to have deisel there, I realize it ' s not likely but deisel fuel can pull that odd truck in that ' s running out of fuel to that thing at 2: 00 in the morning . I 'm not excited about that . The hours I think are a big issue . We sat before this group and said we want BN to preserve the integrity and something less than commercial . When I think of commercial , I think of gas stations and I think of 24 hours and I think a lot of the things we' re II looking at here tonight , which I don ' t think is the direction that the neighborhood and this group and the group above this one has talked about 1 . . Planning Commission Meeting ' August 3 , 1988 - Page 42 for 3 years . Traffic pattern has been mentioned and I don ' t think we need to go into that. The whole area to me is , is this good for the neighborhood? Is it good for the area? When we talk about people drive ' by this and they' re going to get gas if they need gas. Well , that ' s argument is good for people who drive by here and they can live in residential houses here. People come by here and they could buy a ' hamburger here if it was something else. I don ' t lean to that argument very strongly. I do lean to something much less commercial however and I think that ' s been the intent and the integrity that the community and the ' City of Chanhassen has worked for. Gene Conner : Also , it ' s been stated that the petition of the SuperAmerica station, and I have nothing against SuperAmerica. I buy a lot of gas at SuperAmerica but the addition of a SuperAmerica station would add no affect on the volume of traffic along TH 7 and TH 41, that' s probably true. It won' t increase the volume of traffic but there ' s a hell of a big difference between traffic flowing by on the highway and stopping , starting and the general increasing to the noise contamination , if you want to call it contamination. I object strenuously to the concept of a 24 hour operation out there as Bob Wagner said . That does not fit at all ' with what I think we were sold in a very fine selling job by HSZ Corporation . The concept of a 24 hour fuel operation does not fit at all with the neighborhood shopping center and with adequate berming and all Ithe rest of that, I think we were sold a very fine. . . Bob Wagner: It' s not the win-win situation that Mr . Headla thought we ' didn' t have last time and . . . Bud Kelp: My name is Bud Kelp, I represent SuperAmerica as well as some of these other guys. One of the things about the 24 hour operation, that ' is a period of time when we do a lot of business . Our average transaction in a 8 hour , 11: 00 p.m. to 7 : 00 a .m. , is approximately 175 vehicles . Between 11: 00 and 12 : 00 we would estimate on an average of maybe 50 . From ' 6 : 00 to 7: 00 a.m. , on an average of 60. So from midnight to 6 : 00 a.m. we' re talking about 65 or 6 1/2 vehicles per hour . In that period of time, that is when a lot of cleaning up is done in the store. Stocking the shelves , some of the paperwork is accomplished and policing of the ' outside area. These are things that are done at night. A lot of times your tanker comes and drops it ' s gas so that they' re not there in the daytime congesting the driveway, blocking the driveway, whatever . The question was asked how many transactions a day would we assume we would have. We would estimate approximately a total of 800 transactions . That would figure out to be,' if they just took it over a 24 hour period , 33 an hour but there are peak periods obviously. They might double that amount between 7 : 00 and 8 : 30 in the morning . Bob Wagner : 800 per day? ' Bud Kelp: Yes . 24 hours . That ' s in a 24 hour period . 1r- Bob Wagner : How many did you say between 11 : 00 and 7 : 00? 11 Planning Commission Meeting August 3 , 1988 - Page 43 ' Bud Kelp: We estimated 175 . That' s an average. That ' s just between 11: 00 p.m. and 7 : 00 a .m. . The other thing is that we cater to all people. We have people going to work, everybody isn' t fortunate that can just work from 8 : 00 to 3 : 30 or 4: 00. We' ve got people working second shift. We' ve got people working third shift . These people, they purchase gas . They purchase food items. They purchase things too. We' re there for their . convenience. It ' s a lot , we found , safer to be open 24 hours than it is II to have an 18 hour . We've had more incidents when the store closed at a certain given hour, be it 11: 00 or 12 : 00. There were incidents that happened where the people were forced back into the store in a safe surrounding . Our crime rate at SuperAmerica is extremely low. We don' t even talk about it because we don' t have a lot of problems. I can' t even remember , I ' ve got an area supervisor here that could probably tell the last time he had a store hold up. I don' t know if he even had one. I Area Manager : During my 3 years as an area manager , I ' ve had one store in northeast Minneapolis that experienced a robbery. Basically my territory is Burnsville, Eden Prairie , Mound and I ' ve had those stores for the past 3 years, I ' ve never run into any kind of threatening, life threatening or robbery or anything like that . Bud Kelp: I guess what I 'd like to sum up is that SuperAmerica wants to be part of the community wherever we' re at. We encourage our managers to join the local chambers or whatever . The company itself is city minded . There are many, many things we do for the communities that we' re in like what I just did recently was donating of bullet proof vests to Twin City departments. We did that at a cost of half a million dollars. We did that in Milwaukee as well as here . Every city, for every store that it had, received 3 bullet proof vests compliments of SuperAmerica . We just had the big run for MS. $250 , 000. 00 was donated . This was sponsored by SuperAmerica. We' re able to do these things, yes we are a big company. There ' s no question about that but I think in each community we' re small . We' re not big because we want to be a part of that community and we want the store to be a part of that community. We offer jobs to children . I ' ve II been with the company for 23 , going on 24 years and I came through the ranks . I was a store manager at one point . I was an area supervisor at one point. Today I 'm working with the zoning and permit end of it. I ' ve seen a lot of young people come through our stores and today have very responsible positions in the community and they' re thankful that they got their start at SuperAmerica . As far as the 24 hour issue , yes it' s important for us to deal with. It is not mandatory for us . I wouldn' t want to jeopardize the approval based strictly on the hours of operation because we could compromise there. If it came down to it but there are many things that need to be done during that third shift period of time . We certainly wouldn' t like that option taken away from us. Sandy: I understand that SuperAmerica has . . . in the Twin Cities . I don ' t what percentage of them are 24 hour operations but I do know that they have a store at the corner of Ewing and Lake in downtown Minneapolis that is not open 24 hours and it is in a neighborhood. . . .a very clean store. It' s a nice store , that' s fine but it is not open 24 hours and it does blend in with the community. I think having to change. . . ,which you mentioned yourself during the night hours and my house is right over the Planning Commission Meeting August 3 , 1988 - Page 44 Icorner , gearing down and then gearing back up is totally unnecessary contamination in our community. This is a neighborhood. They should conform to the neighborhood hours . They don ' t go 24 hours a day. We ' sleep at night because we work during the day and I think SuperAmerica, if indeed you allow them to come in here, even though I do not agree that they should because they have an access problem, they should conform to ' the neighborhood . - Roman Mueller : Out of curiousity, can I ask you what the distance is from our site to your home? Sandy: Oh, what would you say Bill? I 'm right over the hill . Bob Wagner : It' s one of the houses that borders the development. Roman Mueller : You folks are obivously more familiar with the area than I ' am. About 1, 500 feet? Gene Conner : About that far . Roman Mueller : Out of curiousity, which side? Sandy: My house is right here and my neighbor is sitting next to me and lk: her house is right here. Roman Mueller : So relatively well blocked by all of the development . ' Sandy: I currently hear the trucks gearing down and gearing back up now. Roman Mueller : I can understand that . You ' re going to hear an amount of ' highway. . . Sandy: I 'm going to hear them going into SuperAmerica even more. Roman Mueller : The noise wise, you ' re primarily concerned by the trucks going in and out of there? Sandy: I 'm concerned by the 24 hour traffic . I 'm concerned by the access . I 'm concerned by the sound contamination irregardless of what you' ve said . ' Conrad : Talk to us a little bit about trucks , diesel fuel and trucks going into this site? Roman Mueller : Currently it ' s not planned to have diesel fuel in there . As long as we' re looking for a lesson on contaminates, diesel fuel is actually the least contaminate that you can put products in the ground . ' Trucks seem to be a concern. The trucks coming up and fueling with diesel fuel , currently I ' ve been taking diesel fuel out of most locations that have diesel fuel in it and it' s not scheduled to go in this location 1r so it ' s not going to be drawing the odd truck that comes in there. A lot of the city trucks run on gasoline anyway. The noise that ' s in there, there ' s a condition in here under recommendation from staff that the Planning Commission Meeting August 3, 1988 - Page 45 ' 17 public address system can ' t be audible to any residential parcel . That ' s II in the condition. I believe we can control that. That ' s not a problem. We work with people on that all the time . Truck noise , I guess we can ' t stop the trucks noise out on the highway and yes , there will be automobile I noise in the area no matter what . I would like to point out that our building separates from the islands to the areas as well as the other developments in the area . The vegetation that I ' ve understood is going to II be planted in that area, I had one brief glance at the overall vegetation plan so that portion I can ' t speak for . And if I remember correctly on the recommendation from staff, they' re having us plant several coniferous trees in that area to help block sound, light , etc . . We are addressing that problem. Gene Conner : Excuse me, this has gotten akin to , it sounds like do we over here are trying to . . .SuperAmerica. That' s certainly is not the case. SuperAmerica I think, certainly I would be, SuperAmerica proposes a fine operation. As service station operations go, I have no objections to II SuperAmerica . The objection that I think we all have is that it does not fit with what we were told that this site plan approval for HSZ was going to be. It does not fit the neighborhood business concept of limited time, rather low key, quiet operation. No matter how fine your operation is , • you can ' t convince me that it' s going to be consistently quiet . It certainly is going to be bright . It' s going to be lit up all the time. I can understand how they'd be. . . 24 hour a day operation . I doubt if it would be viable if it was completely limited to the hours that we would like to see if gas tanks are allowed in there. . . . SuperAmerican but it does not fit with what we were sold very hard over a very long period of time. In rezoning that from a single family to residential area all the way up to a business neighborhood. It' s exactly what many of us said we were afraid of years ago . Once you start the commercialism, it is going to go on and on and upward and upward until we lose control of it. We feel we' ve lost control . Sandy: This is indeed an escalation of what we had . . . Bud Kelp: I have just presented some pictures that you can look at. Lighting . The type of lighting that SuperAmerica uses at it ' s location . Downcast lighting. It does not light up the neighbors , especially this is II ideal , if the closest house is 500 feet, they are not going to be affected by the lighting of SuperAmerica. It is not going to shine into their houses because as the picture illustrates , it ' s downcast lighting . 1 Headla moved, Ellson seconded to close the public hearing. All voted in favor and the motion carried . The public hearing was closed . Conrad : As we made comments , we' ll vote on these issues separately. The issue of the conditional use and the site plan but I think it ' s hard to separate them as we talk so feel free to address both issues as we go through the Commission . Dave, start at your end . What do you have to say? ' 1 I Planning Commission Meeting August 3, 1988 - Page 46 C 1 Headla : I talked to Barb about this . I looked at this place as very much like the SuperAmerica at TH 4 and TH 5. I 've gone in there at many different hours and I think the homes are pretty much the same as they ' would be over here at TH 7 and TH 41. Barb, did you get a chance to talk to Eden Prairie people? ' Dacy: I asked Jo Ann to contact the staff . Olsen: I discussed whatever issues they had for their Eden Prairie site, if they had any problems or what good points or whatever . They did have a traffic issue because with the improvements to TH -5 and TH 4, the traffic was going to have to be routed through residential streets so that was their major issue which was not a concern at this site . The lighting, ' they said if they could change it they would have the canopy lights which we already have in a condition. The noise , it is also open 24 hours , they have not had any conditions placed about that. Headla : The 24 hour operation didn ' t bother them? Olsen: No, they would just reduce the amount of light, to receed them for ' any impacts to the surrounding area . The major issue was again the traffic , those commerical sites , they have a Chiropracter business there also, using that residential street. That was a major issue. Other than Ithat, they had no real complaints from the neighborhood . Headla: One of the ladies that called me from that area was quite ' concerned about noisy and traffic . That ' s why I was interested to see what you found on that traffic. How big are those fuel tanks that you have in the ground? ' Roman Mueller : That we ' re proposing here? Three 10, 000 gallon tanks and one 12, 000 gallon tank. Headla : So you ' re bringing in maybe two tankers a day? Area Manager: Most of our locations that are extremely busy get a tanker a day. For a station of this size, it is more comparable to the one on 169 by Flying Cloud Airport and that gets a tanker every two days . Sometimes one depending on the traffic but you ' re looking at unleaded every other day. The same size tanks . Headla : So that would be the maximum major truck traffic going through there. Roman Mueller : And we can , I should mention , control the hours that they deliver. If there' s a problem there at night, we have it within our power to tell them so that can be something to consider . Headla: I 'd kind of like to see it go in there but we started out with just office building in there and then we made the neighbors buckle under and we let this other stuff. Now we ' re going one more to gas pumps and now this thing 24 hours . I don' t know how far we should push these people. That' s nothing, I don' t have anything against SuperAmerica at Planning Commission Meeting August 3, 1988 - Page 47 ' all . I think maybe we ' ve come to a limit . The only other thing I ' ve got II is I see an awful lot of conditions on the recommendations . When I see all these conditions and it really tells me that your consultants didn' t deal in earnest with the staff. Revise plan, revise plan. Revise the landscaping plan . Provide plans . The site plan shall be revised . Revise the plan. Why didn' t the act get cleaned up before this even came in here? I just think it' s excessive and somebody didn' t sit down and deal in earnest with this ap. Olsen: A lot of those are just , the landscaping issue and the lighting issues were conditions of staff after it came in. It' s not necessarily that the applicant didn' t provide it. Headla: How come so many revised plans? Erhart: Did you sit down with the applicant and go through all this? Headla: You talk about revised plans and we haven ' t seen them and ' obviously you haven ' t seen them. Roman Mueller : What are you referring to? ' Headla : Items 2, 3, 4 . I 'm on page 5. N. Roman Mueller : Okay, I guess I was going through recommendations on the Planning Staff . Their recommendations on a motion where there are 8 conditions on there. Emmings : You' re looking at the conditional use permit . He ' s looking at the site plan. Roman Mueller : Not having had a chance to go through it very well . . . . Bob Wagner: If this is an open hearing, I ' ve got a few comments too. , Roman Mueller : Most of these appear to be just clarifications on ordinance questions . These are not a problem. Headla : For this size of plan, I think it' s an awful lot of conditions . Wildermuth: We' re talking about the conditional use permit first right? Conrad : When we vote we will be talking about the site plan and then the conditional use but I think in terms of how we' re going through here, it ' s - hard to not , the issues are so close that I can' t keep them apart so I think the comments Jim, can be made regarding anything. Site plan or gas station . Conditional use. Wildermuth : I really sympathize with the people in the neighborhood . I certainly would not like to have a service station close by, within 500 and 600 feet of where I live despite the fact that SuperAmerica is probably one of the class acts in the business. I 'm really concerned about the traffic , the increase in traffic that ' s going to happen in that I Planning Commission Meeting August 3, 1988 - Page 48 11 (7 area from that corner . It just looks like that ' s a corner that would lend itself to a small office building . Accounting offices , something like that rather than a relatively high intensity use . It ' s a confusing ' intersection to begin with on the north side going into the Shorewood Shopping Center and I think this is going to confuse it further . I think that the intensity is too great, too severe for this particular corner . Conrad : You mentioned 800 cars a day, I converted transactions to cars , whether that ' s right or not, that' s what it is versus whatever else is ' generated there. 800 is not as many as I thought. Ellson : First I wonder why this didn ' t come through with the original site plan . I feel badly that maybe this was being discussed and the site plan came through initially because they thought that would go through easier and now this is coming in later . That would make me really angry because as I said before, I was telling you people, you know it could be ' worse, you could have a gas station on that corner and here a few months later comes in that gas station. In our ordinance with a conditional use, it has to meet a lot of different things such as it has to have approaches for cars that are not going to create traffic congestion. It' s supposed ' to be compatible with the surrounding area . Its not supposed to depreciate the surrounding property values . I think based on these conditions , it ' s not going to be able to meet these things so I 'd be voting down a conditional use permit for pumps . Emmings : I don ' t know where you start . I ' ve been here with this property ' coming in front of us a few times and it ' s obviously a commercial corner . There were a lot of people who didn ' t agree with that but at least to me it was always obvious that it ' s going to be developed as a commercial corner . We also went to some real pains to make sure that as a commercial corner it would offend the surrounding residential neighborhood as little as possible. I don ' t know exactly where that takes me but now we ' re in a situation where they' re asking us to take the second step and I 'm sitting ' here thinking to myself, are we going to wind up with a gas station on that corner and no shopping center because they wind up not liking that? I feel like we ' re taking step two before step one has really been taken. ' Before we decide on this, I 'd really like to go back and look at the HSZ thing and see if we want to pull our approval of that based on the fact that there is one entrance. I don ' t think, every time we ' ve got a project that ' s only got one entrance , we' ve said no . We make churches put in an extra entrance to the site because we worry about access for emergency vehicles. The gentleman out here pointed out the fact that fire equipment for that area comes from the west on TH 7. They really need that right in off of TH 7. I don ' t know why we ' re spending all this time on this until that issue is resolved. That kind of bothers me. I don ' t know why we have to look at this right now. Now I 'm going to shift gears and go the other direction for a while. Conrad : So you 'd rather table it? Emmings :g Oh yes . Like I say, I feel like we ' re taking step 2. We' re on mushy ground with step 1 and it ' s just mushier when you get up to step 2. That really concerns me because I really think there ' s a possibility here Planning Commission Meeting August 3 , 1988 - Page 51 use under the BN. I Dacy: Don' t misconstrue my comments . What I 'm trying to drive at is , to make sure that the Planning Commission fully understands and identifies is valid reasons for denial based on the ordinance standards. I just wanted to bring up the history when we looked at this site. That is a 20, 000 square foot shopping center and that in itself does generate a lot of e traffic exceeding the 800 trips per day of SuperAmerica. I just want to make sure that you ' re fully aware of all that . Emmings : And I guess what we' re saying is, if we .don' t have access off of s II TH 7, do we want to have approval of that shopping center? Dacy: Right. I 'm not disputing those comments. If you feel strongly about that, then you have the option to make that a condition of approval but the statements regarding not meeting the standards of the ordinance, I just wanted to make sure that you' re aware of all that . Emmings : Well , do you? How do you feel about the general issuin standard , let ' s say 8 or 10? That it will be aesthetically compatible with the area. 1 Dacy: They have exceeded our standards for construction . It ' s located at a maximum distance away from the neighborhood . 1 Olsen : . . .with the new style of the brick. Emmings : I agree with that. If we' re going to put a gas station out , there, that ' s the spot to put it . I agree with that and I have said , they seem to be willing to work. If they' ll curtail their hours of operation and when the trucks come, I could probably be sold on voting for this . My ) problem is, without the access issue . . . Erhart : The history is certainly a matter in this thing but looking at pc I where we are today and that we' ve zoned this as a business district and II knowing quite frankly that SuperAmerica is willing to go in here considering the questionable access , which I do think we ought to spend more time at , I think we ought to be happy that they' re going to take that outlot. That particular lot so you don' t get a gas station on the lot to the west because then you are going to have problems . I think what the real thing you can do is make sure what goes into the other outlot is compatible with the homes . That ' s it . I think you ought to look for a restaurant and be happy' you ' re getting SuperAmerica as opposed to, I won' t mention any other names . That ' s the only comment I ' ve got. Conrad: I don ' t know what I had envisioned for that lot. I probabl y ' wasn ' t thinking gas station at the time. I think if any operator is going to go in, I 'd prefer to have a SuperAmerica than anybody else but I will echo some of the comments on overall traffic patterns . That it just looks real bad. We are looking at one parcel but as a part of the overall area and it just makes me real nervous . Part of that is due, I think, City Council has made some recommendations that may not be the same as what we would have liked to see in terms of access and at least in terms of what I 11 1 Planning Commission Meeting August 3 , 1988 - Page 52 would like to see . I 'm probably playing with some old memories of things that I envisioned differently with that parcel versus what I 'm seeing the area turn out to be but overall I 'm still nervous with the traffic flow in ' that area. It ' s not the site as much as it is , it' s not this particular site tonight, it' s the overall site. It ' s going to be tough for me, I guess I don' t have as many problems with SuperAmerica going in there . because I 'd rather have a fine operator in there than somebody who' s not so fine but I go back and I have to relate to what Steve has said . What if the shopping center doesn' t go in and I don' t know if that' s necessarily logic that we can use in making our recommendation here tonight but it would bother me if the shopping center didn' t go in. You had a comment? ' Roger Zahn : I should just clarify this TH 7 access . MnDot had approved that right-in only about a half a dozen times verbally at meetings and a couple of times in writing . It wasn ' t until last Thursday when we got a call from Larry saying that gee, now they may be questioning that issue. That there might not be access off of TH 7 . It came up and obviously we were a little surprised after having it approved so many times . We have a meeting with MnDot on Friday. The result of that meeting is that I expect the approval will be granted. Conrad : But you don' t know. Roger Zahn : I can ' t say before right now so obviously from my standpoint I 'd have to do some rethinking if the access wasn' t granted . . . I can ' t speak for them. It certainly would add some issues that were addressed in the meeting and with some studies from our consultants that I really don' t think it would be a problem so the idea of making it conditional upon approval of the TH 7 access doesn' t bother me at all . I would prefer it. ' Emmings : Did they at least tell you when they would make a decision? Roger Zahn: I hope to hear something by the end of the week informal but I ' ve heard informal before . Conrad : I don ' t want to delay this . It ' s getting late tonight . I think ' I 've heard SuperAmerica say things that I 'd like to hear . I probably would want to put them into words or paper but the limiting of the truck traffic and the diesel fuel , although that may be minor , it still may be something that I 'm concerned with . I 'm concerned with the hours of operation fitting in. I think that was , the concept of business neighborhood is just thbt . It fits in . Other business neighborhoods that ' I know of , it fits into the community and I will hold you to those types of concepts. It fits into the community. We ' re not fitting into TH 7. We ' re not fitting into the shopping center across the way. We' re fitting into Chanhassen and the community that' s right there. I want that to be done . I think the aesthetics of the building is a nice start but on the other hand, there are some other things that I want to fit in and hours of operation might just be one of those things . I 'm still concerned with disaster. I heard some good things from SuperAmerica tonight and I guess I need those things in writing . I need to know that our drainage problems are solved even in a disaster situation. I want to know what I Planning Commission Meeting August 3 , 1988 - Page 53 1 they are . I think that ' s the biggest issue . I 'm not going to deal with concepts and Larry probably, you folks have worked with it so much more . When we look at it , we spend a half an hour looking at papers and we don' t get into it that deeply but I want to know that we' re covered generally in II terms of run-off and I think we are. I think the skimming devices sound great but I also need to know that disasters are taken care of too. I . heard those nice words tonight but I just wouldn' t feel good about having a disaster on that site and not having us be able to handle it or have the II storm water system take it right to Minnewashta . I won' t deal with that particular problem. I 've got to know we' ve resolved it and maybe they are but I 'm not comfortable that they are right now. °I guess the traffic and the circulation of the site remains to be the biggest issue for me. Not only the SuperAmerica site but the overall site . I guess this adds to some of these other comments that Dave brought up. Should revise and II should revise . I think the revisions are pretty small and I 'm not holding SuperAmerica or anybody responsible. I think it' s just a matter of staff reviewing them and making those comments . I guess some of those things I I 'd like to have, when it gets to City Council , they should be taken care of and there shouldn' t be that many revisions that have to come. I 'd like to see those back here personally and I guess my idea tonight would be to table this until we can get a better handle on some of the items . Maybe 111 until we get a better handle on the TH 7 item and that may be very simple. You may just come back and say it ' s approved . I guess I have a tough time, I 'm approaching it from an entirely different standpoint tonight without the TH 7 access . I 'm just really caught up in overall site traffic. It bothers me that I see some little lines on there that Larry' s telling us that may be an access in there and maybe not through grandfathering or whatever . I don' t know what that means but that bothers me . It bothers me that we may have only one access to the overall location and I don' t feel good giving this site the go ahead when I don' t know that the whole location has two sites so my preference is to table I the item. I 'm sorry for the neighbors , maybe we do that tonight , maybe we don ' t but we bring you in here every 2 weeks and take you through the exercise but unfortunately when you' re in an area that has land in it, that' s wanted , the good news is they' re a great operation . The bad news is, they' re a great operation that wants to be in your neck of the woods . I guess the only other comment I have , the only other thing that affects me is this 800 car count. I thought SuperAmerica would pull in more cars II than that. I really did and 800 really seemed , I can almost accept 800 as not being a major change in intensity because a restaurant might generate 400 or 500. A gas station I thought would pull in a lot more and especially the pulling power of SuperAmerica . They' re like putting a Cub II in a location where you' can pull from 17 miles around versus a couple . So anyway, for those reasons I prefer to have it tabled and maybe have it back here when we have a little bit more clarification on TH 7. Headla: How do you people feel about berms between the highway and there? Is that less secure or more secure for you? I Roman Mueller : We have berms in many, many of our locations put into our • site plans by conditional use requirements such as what you ' re. . . , Planning Commission Meeting ' August 3 , 1988 - Page 54 C ' Headla : Okay, so that doesn ' t bother you as far as property or anything goes? ' Roman Mueller : That doesn ' t bother us . Either does conditions for no outside displays or sales, that was requested . ' Headla : I thought that was a good point that Steve made. Roman Mueller : It' s not a concern. ' Randy Peterson : All I was going to say was , what' I 'd like to come away with tonight is if at all possible is to be able to work out these concerns of yours with staff and get your , if possible, your ' recommendations to go to Council with because we are on some little bit of a timeframe here . I 'd like to go that way rather than to table it because we' re scheduled also, and we can work out those conditions with staff. ' Conrad : I know you can . I guess I ' ll leave that up to whoever makes the motion tonight. We do that occasionally when we want to get rid of an item. We ' ll get it out of our court and we ' ll kick it up to City Council . ' If we don ' t want to see it and we want to let the neighbors have their say with the City Council folks , we will do that . ' Gene Conner : There ' s a lot of other concerns being expressed , may I express one? Conrad: Sure . Gene Conner : The subject of conditional use permits came up and it seems to me I heard Barb' s comments imply that gee, anybody who comes in with a ' request for a conditional use permit , if it ' s a nice plan, it really ought to be accepted. . Conrad : I don ' t think that ' s the case . What we try to do on conditional uses is detail what those conditions are. The City' s getting much better at that . In the past we 'd say it requires a conditional use permit but we didn ' t have any conditions so they'd come in and say gee, now we get to look at it but there are no conditions so we might as well grant it but we' re quite a ways away from that in this day and age, at least in Chanhassen and the staff has gone through it, looked at the conditions . ' Made their recommendations to us . We have a disagreement between staff and Planning Commission on interpretation. Is the noise significantly increased? Traffic increased versus what the staff perceived to be ' permitted under a conditional use so I think there' s some differences of opinion but the conditions are still there. Staff does not normally go through, staff turns down many things because of conditions . Gene Conner : I think I can assure you that this doesn' t fit our idea of a conditional use that should be permitted . Dacy: My comment was that this is why it ' s a conditional use. It' s a public hearing process with specific standards . The applicant has the burden of proof to prove whether or not he meets those 10 standards . 1 1 Planning Commission Meeting August 3, 1988 - Page 55 You ' re saying that they' re not meeting those standards. That' s fine . The Commission then has to decide whether or not the information they ' submitted about traffic and the lighting and aesthetic quality and noise and no diesel fuel , if that satisfies those concerns . , Bob Wagner : It' s just amazing that we' re even sitting here talking about a gas station after the discussions that I 've heard the same group talk about those . I just can' t believe it. Allen Putnam: You 've expressed a concern about the 800 cars and using the numbers that you gave me where you indicated from -11: 00 to 7: 00 you have about 175 cars. That' s from 11: 00 to 12 : 00 you said 50 of them. . . With those hours being the low hours , if you take the 50 cars per hour and take the other 16 hours in the day, that adds up to 800 and then you put the , 175 on top of that from 11: 00 to 7 : 00, it' s already 975. Bud Kelp: No, that ' s including that. Subtract the 175. Allen Putnam: I understand that but I 'm thinking the 50 cars per hour you said you had between 11: 00 and midnight. If you averaged that for your daytime hours , which you indicated were busier hours , just the other 16 hours , excluding those 8 hours you have us, would be 800 cars. 50 by 16 hours is 800 plus 175. Bud Kelp: 24 hours time the 800, you ' re looking at 33 cars per hour . Conrad: I think I want to do something here before we all go to sleep. A ' gas station like maybe the Tom Thumb in their business neighborhood on TH 101 is a low intensive gas station use. I think here we do, in my mind , we have a little bit different intensity and it has been zoned business neighborhood. It' s a real matter of perspective in terms of intensity. They may get , in that particular location , they may get 4 or 5 II cars for gas in an hour and that' s a whole lot different than 30 or 50 or 150. Anyway, my recommendation was to table it for a little bit more II information and review it again and bring the folks back but I ' ll open it up for any recommendation that somebody would like to make . Emmings: Just as a quick comment, I think that Dave' s point is very well II taken . We shouldn' t get these with , this will provide you with an opportunity, instead of having 17 conditions on here, it should come back with 3 or 4 . The rest of this should all be incorporated in the plan . I II think these are real hard to work on when they' re this long. Tim, actually brought it to my attention . When we first opened this up he said, what is this. , Dacy: A lot of these are standard conditions . Emmings : I understand that but I think a lot of the stuff could be taken I care of even before it comes here and should be taken care of before it goes to Council . • Planning Commission Meeting August 3 , 1988 - Page 56 ' Headla moved , Emmings seconded to table the Conditional Use Permit Request #88-10 and Site Plan Review #88-10. All voted in favor and the motion carried . ' Ellson : Are we saying until we know about TH 7 or are we tabling it indefinitely or having a reason to come back? ' Wildermuth: Do you want to put some conditions on the tabling? Conrad: I think we can give staff direction in terms of what we'd like to see them bring back. I think the items deserves attention and hopefully can be back here in two weeks so we don' t destroy a time table. I 'd sure like to see the neighborhood back here again but I think if we can give ' staff some direction after this so maybe we can make the motion and then tell them what we'd like to see . I think basically, traffic to the overall site is a major deal . I think the pollution control or the ' disaster issue for me is a concern that I ' d like you to work with SuperAmerica on so we know how it would be handled and we would know if it' s going to get into the Minnewashta system or not . Hours of operation is probably a concern that we all have and whether or not that' s something ' that could be worked in the staff report . Steve, you ' re concerned with the. . . Emmings : Hours the trucks come to deliver and outside display of merchandise for sale. ' Wildermuth : Also no diesel fuel . Conrad : And possibility maybe working with the SuperAmerica folks to resolve any of the conditions . If they have to stay out there, that ' s ' fine. I don ' t think you need to do extra work to try and bundle them in and make them do that additional work but if they can incorporate them in their plans and the documents they' ve given us , it would be good to have ' that so when it goes to City Council , Council can see everything in a nice, neat package. Anything else? ' PUBLIC HEARING: ZONING ORDINANCE AMENDMENT TO AMEND SECTION 20-904 AND SECTION 20-615 6 (B) , ACCESSORY STRUCTURES, CITY OF CHANHASSEN. ' Conrad : I don ' t believe that staff has to give a report on that . It is a public hearing . Wildermuth moved , Emmings seconded to close the ublic hearing . All voted P 9 in favor and the motion carried. The public hearing was closed . Erhart : Page 3 , item 5 , the way I read this now, it says detached garages in all agricultural and residential districts . Clarify for me, are we Idifferentiating between detached garages and storage buildings? Dacy: We wanted to make sure that a detached garage was . . . 11 CITY O �- ..- ,_, I \,\I .), _.,, CHANHASSEN t , 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 "+� - (612) 937-1900 1 1 MEMORANDUM TO: Planning Commission 1 6/FROM: Larry Brown, Staff Engineer DATE: September 14, 1988 1 SUBJ: Staff memo update to the July 27 , 1988 Site Plan Review for II Lot 3 , Block 1 , Seven Forty-One Crossing , SuperAmerica Site Planning File No. 88-10 Site Plan , SuperAmerica Corporation During the August 3 , 1988 Planning Commission meeting , this item II was tabled due to several outlying engineering questions that needed to be answered prior to approval. The following is in II response to those questions. As the Commission may recall , there was question during the 1 meeting as to whether the approved HSZ site had confirmation as to the construction of the right-in entrance from State Highway 7 to the site. Staff and the Commission felt that any of the HSZ 1 sites would not be adequately served if the right-in access was not constructed. Since that time, staff has requested a letter from MnDOT indicating that approval will be granted. Attached you will find that MnDOT has given written approval. The permits 1 requested will be granted as long as the current owner will exchange access rights for the existing field driveway at the northeast corner of the development. The applicant has notified II MnDOT and has stated that this is acceptable. In addition, the Developer 's engineer was instructed to prepare a traffic study to analyze the impact to State Highways 41 and 7 II and to confirm that the proposed accesses would adequately sup- port the shopping center. As summarized in the traffic study, the traffic analysis was 1 based on a "worst case scenario" with the assumption that a fast food restaurant would be located on-site. Although this assump- IItion was made for the traffic study , a fast food restaurant is not permitted in the BN District. The study also assumed that the "generated traffic" would be in addition to the existing traffic. 1 1 #. - .. 1 . Planning Commission September 14, 1988 Page 2 The conclusions of the report state that the proposed shopping center, gas station and anticipated future development will not ' have an adverse affect on Trunk Highways 41 and 7 . An additional item of concern was the potential for the • catastrophic gasoline spill as it affects Lake Minnewashta. The ' Commission was concerned that if a tanker truck were to spill , the storm sewer system would carry the gasoline to Lake Minnewashta. I have been in contact with the Watershed District to analyze and suggest measures that could be taken to handle such an event. The Watershed District has indicated that the ponding site which services the HSZ development is constructed under what is known as a pressure flow situation. This means that the inlet and outlet from the ponding site will be sub- merged. In the event that a catastrophic gasoline spill would occur, the gasoline would be contained within the ponding site as ' long as the bottom of the pond maintained a depth of 21 inches of water . Attachment #1 shows that the intake would keep the oils away from the outlet as long as the water was not depleted. In ' the event of a major catastrophic spill the fire department could react immediately by connecting up to an existing hydrant and pumping water into the ponding site such that the oils are kept floating to the top as an interim conditions until the discharge pipe could be blocked. The blocking of the storm sewer pipe can be done quickly and effectively. ' The size of the pond was sized to hold a maximum capacity of approximately 462 ,500 gallons at any one time. The tanker trucks that will be servicing SuperAmerica each have four dif- ferent compartments , each compartment holding approximately 2 , 400 gallons . Thus , the maximum spill that would be anticipated would be 2 , 400 gallons at any one time. Staff and the Watershed District have reviewed the overall plan and find that the storm ' sewer system and retention basin provide adequate time to react to such an emergency. ' The applicant has also submitted a revised lighting plan to address the concerns of a recessed fixture into the canopy. The Planning Department has requested Engineering to review the ' lighting plan to ensure that the intensity of the light fixtures will not cause glare or nuisance to adjacent property owners or roadways. ' The light plan shows that the maximum foot candle strength out- side of the property boundary would be approximately 0. 07 foot- candles outside of the HSZ site. As a guideline, most of the t surrounding cities use the recommendation that lighting shall not be greater than 1 . 5 foot candles beyond the property line. We find that this plan is acceptable. II Planning Commission September 14, 1988 Page 3 It is therefore recommended that the site plan be approved with ' the previous conditions stated in my July 27 , 1988 staff report. Attachments 1. Pond details. ' • 1 MR MI MI MIN 1M IMO Ell OM IMO ME MI MI MN NM MO IIIIII UNE 1 III - 111 i►-- _ 111= �I�I�� """"" ". "". II al =11 I I Iwo 21 IN. RCP Adr— WATER m 111=1111 = 1 X11= IITI= 1=11t=111==`1111 oN rq Minnesota yo_ Department of Transportation 3 < District 5 p 2055 No. Lilac Drive cp OF TO' Golden Valley, Minnesota 55422 (612)593- 8537 August 8, 1988 ' Larry Brown, Ass' t. City Engineer City of Chanhassen 690 Coulter Street Chanhassen, MN 55317 Re: S.P. 1004 (T.H.7)/S.P. 1008 (T.H. 41) Proposed HSZ Development in SW Quadrant of T.H. 7 and 41 in Chanhassen Dear Larry, ' We have resolved the access question for the above referenced devel- opment. Mn/DOT is currently processing a permit for the main access point off of T.H. 41 and this permit could be issued in about two to three weeks. In regard to the proposed access off of T.H. 7, we will allow a one-way right turn oft of T .H. 7. The design of the proposed .access should con- form to the attached drac,,ing A permit for this entrance is d,pendent upon a change in the existing access control. It is out understanding chat the developer will exchange access rights to T.H. 41 at the NE corner of his development in return for the right turn off of T.H. 7. Out District Right-of-Way Engineer Earl Howe, is currently processing the legal work for this exchange. If you need to know the timing of this, you could contact Mr. Howe at 593-8510. If you have any questions in regard to this matter, please contact me. Sincerely, Evan R. Green Project Manager Attachment: ERG:p1 ✓cc: Joann Olsen - City of Chanhassen E AUG �� 8 1988 CITY_OF CHANhAbsIA An Equal Opportunity Employer K - I ._- O /' t`1 t i _ _ . 4 a —-- - - t- t -pay/ - i .: -- i--. cia ._ . . ... . , (jj 1 _ I I O I - • - U r�1 � 4- a ° 1 — v. 1 7 3 • -4 , co 1 Jo I H I ` 2. 1 1 1 1 . 1 ""I-1 Whir 411 S . ' I -“L ..- -. ..• 1 .Th 1 U16 7C: --I I ei I L.le - 1 AfarePEROUR4 j 71) - "Pjfamai/ ' OMMElk I 17 73 5',9.:Altrr - . Ifignaillrffear.-tillt M . r .7-: vii,lir. A 0•11111111110, iNifilk , 1 1:4 It i 33 k ,-: ic)" ritt.m._ ilfteu cn , =1 -\ i ■ -----' m , b -(. _ .. F . . il g P . ., - r , " ' > 0 ). Iiill i I - 1— pp 41 I 1 0 0111°' illepftc 64 11 04 I 1 z 1 :-a w irVill II AP 1r ID 11111V ' Iiitimirralfr. 41 .. 1, Z k#1110%- V 1 if or I 1 111R, c71) 111Wirr; ';14 I , 6 r 7.N. 0 '''E------- 1■44.1 a. .A,,t. . ■_ I :.1 0 "1 ........„..//'.. • 0 -n 0 i I I• 1 I - , I • I I . . I 4-/b-- I . - „ .. - _ _ 1 . r=;;#� Division of Ashland Oil, Inc. 1240 West 98th Street ..ao�°+anon � .. � Bloomington,Minnesota 55431 c.7 612-887-6100 ' SUPERAMERICA ' 8/17/88 1 City of Chanhassen ' Planning Commission 690 Coulter Drive Chanhassen, MN Re: SA 4366 Chanhassen, MN ' In response to the staff letter of 8 Aug. 1988 to Randy Pedersen, we are addressing the particular concern for gasoline spills. To preface the subject it should be noted ' that there are several governmental bodies, including but not limited to, the Minnesota Pollution Control Agency, Environmental Protection Agency, Community Right To Know and the Minnesota State Fire Marshal, all overseeing the question of contamination. Our installations are designed to meet and in most cases exceed the requirements set forth by state and federal laws. All installations receive STI-P3 cathodically protected tanks, epoxy coated galvanized cathodically protected piping, overfill containment manholes, pressure sensitive leak detectors for each product ' line, diaelectric unions on tanks and dispensers, emergency shut-off or shear valves at each dispenser and manual emergency shut-off switches at the master console in the store. In conjunction with this hardware, all employees are trained in spill containment procedures as pointed out in the attached actual SPCC Plan for our store in St. Paul, MN. ' To the question of tanker deliveries we must respond that we do not know which hours of the day or night the city would prefer deliveries. Each has its advantages and ' disadvantages and we can bracket the deliveries to any 8 hour shift preferred. Outside bulk sales can be eliminated at the city' s request. ' If there are any further questions pertaining to SuperAmerica' s operation please call me at 887-6171 or we can set up a meeting at your convenience. 41/ tRoman M. Mueller Regional Engineer ' cm P.C. DATE: Aug. 3 , 1988 II CITY Q F ,- CHAIIIIASSZN C.C. DATE: Aug. 22 , 1988 II CASE NO: 88-10 CUP "-----\-7- 88-10 Site Plan Prepared by: Olsen/v t I STAFF REPORT II PROPOSAL: 1 . Conditional Use Permit for a Convenience Store I with Gas Pumps 1 2 . Site Plan Review for a 3 ,350 Square Foot Z Convenience Store I Q V LOCATION: NE Corner of Hwy. 7 and 41 I CI. APPLICANT: Chanhassen Super America Partnership I Q 900 Second Street South Minneapolis, MN 55402 I I PRESENT ZONING: BN, Neighborhood Business ACREAGE: 1 .04 acres t DENSITY: ADJACENT ZONING II AND LAND USE: N- Hwy. 7 and Shorewood S- BN; future HSZ Development I Q E- RSF; vacant II Q W- BN; vacant W site.WATER AND SEWER: Water and sewer is available to the sit - ' E PHYSICAL CHARAC. : The site is a fairly level open area I 2000 LAND USE PLAN: Commercial I II CITY OF CHANHASSEN ' 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 i MEMORANDUM ' TO: HOUSING AND REDEVELOPMENT AUTHORITY FROM: CITY MANAGER, DON ASHWORTH ' DATE: 16-Sep-88 SUBJECT: Your Majesty ' s Valet I alerted the HRA to this issue approximately 2-3 months ago. It has not been resolved . Mayor Hamilton will present his solution to the city council on September 26th (see attached drawing ) . ' At issue is the ability of the cleaner to use the side door in a similar manner as before the project began , i .e. to drive delivery trucks on the new sidewalk so as to allow direct unloading from a side ' door on the vans. The city attorney has stated that the City ' s ability to use or change the character of a street is a City decision . Simply because an owner has used public property for private purposes does not remove the City' s ability to close a street, change it to one-way, install a mall , etc . In this instance the City desired to install a sidewalk for pedestrians, install curb and gutter, landscape the boulevard , and plant trees. All of these improvements would need 1 to be removed to accommodate the attached plan . I have offered to install a walk between the curb and existing sidewalk . Mr. Gay has rejected this as it would require the person unloading to get out of ' the van . 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' \ , EMI I ? , 11 Mgr% I • I I ti9N, ,„,ZON01 . -....._ SuperAmerica Hwy. 7 and 41 August 3 , 1988 Page 2 APPLICABLE REGULATIONS Section 20-692 allows convenience stores without gas pumps in the II BN District as a permitted use. Section 20-694 allows convenience stores with gas pumps as a con- ditional use in the BN District. Section 20-695 ( 5) allows a maximum lot coverage of 65% in the BN District. II Section 20-695 (6-a) requires 35 foot dfront dyardbsetback, a 30 foot rear yard setback and 15 yard 20-695 (7-a) requires the principle structure to have a maximum height of one story. I Section 20-1178 requires that all trash disposal units be comple- tely screened on all sides. I Section 20-1191 requires a 10 foot areas landnbetween pabut0ing right-of-way and vehicular use II feet and a hedge wall or berm of at least 2 feet. Section 20-1192 requires interior property lines to be landscaped with one tree per 40 feet. I 20-1211 requires interior landscaping for vehicular use areas. II Section 20-1125 requires 1 parking space for each 200 square feet of gross floor area for shopping centers . Section 20-1302 permits a ground low profile sign not to exceed 24 square feet and 5 feet in height with a maximum of two per II lot. Section 20-1255 allows motor fuel price signs to be affixed only II to the fuel pump and that they shall not exceed four (4) square feet. I EAL EN AGCIES g Asst. City Engineer. Attachment #2 II Building Department Attachment #3 II BACKGROUND The subject site is an outlot of a larger piece of property which was recently approved for rezoning from OI , Office Institutional 1 1 ' SuperAmerica Hwy. 7 and 41 August 3 , 1988 Page 3 ' to BN, Neighborhood Business with the most southerly portiori' of the site being proposed as a shopping center and two outlots on the northern portion of the site (Attachment #4) . The subject ' site is the outlot located in the most northeasterly corner of the larger parcel. The whole site is proposed to be serviced by a right-in/right-out from Hwy. 7 from the north and by a full ' intersection from Hwy. 41 on the east side of the property. Access to the site is dependent upon access approval from MnDOT. The applicant is requesting site plan approval and a conditional ' use permit for a convenience store with gas pumps . The site is bordered on the north by Hwy. 7 and on the east by Hwy. 41 and will be serviced by an internal roadway system which will be ' developed as part of the HSZ property' s development. The subject site is 1 . 04 acres and is zoned BN, Neighborhood Business District. The applicant, SuperAmerica, is proposing a 3 ,350 square foot convenience store with 6 gas pumps . The proposed site plan loca- tes the convenience store on the south portion of the site with ' the parking to the north and east of the building and the gas pumps between the parking area and Hwy. 7 . The subject site is separated by adjacent neighborhoods by an outlot to the west and future retail center to the south. SITE PLAN REVIEW AND CONDITIONAL USE PERMIT ANALYSIS ' Site Plan Review Analysis Site Design The proposed bulding will be made of a tan brick and bronze metal roof with a red and while striped facia. The building and main entrance will face Hwy. 7 with a service entrance on the west side of the building and an additional customer entrance on the east side. The site also contains gas pumps with a canopy. The canopy will match the facia on the building and will cover three islands with six gas pumps . The islands will accommodate two cars on either side for a total of twelve cars at a time. ' The site is maintaining the required front yard setbacks of 35 feet from Hwy. 7 and 41 and must maintain a 15 foot side yard setback from the westerly and southerly property boundaries . The current site plan shows a 10 foot setback from the south lot ' line. The applicant has stated that the site plan can be adjusted to provide the required 15 foot side yard setback. A revised site plan with the increased setback must be provided prior to City Council approval . Circulation 1 Traffic will be able to enter the site either from the west via a 70 foot wide entrance or from the south via an entrance which 11 SuperAmerica Hwy. 7 and 41 August 3 , 1988 Page 4 connects to the HSZ shopping center parking lot. Either entrance , will accommodate traffic entering the site to park and shop or use the gas pumps. Staff is concerned with the 70 foot wide entrance. A 70 foot wide entrance without an island or direc- tional lanes will result in confused traffic movements. The Assistant City Engineer will address reducing the width of the entrance and alternative designs in his memo. MnDOT has recently notified staff that the right in only from TH 7 may not be permitted. MnDOT is in the process of reviewing the proposed access . The applicant has stated that ,the site plan will work without the access from Hwy. 7 and that the site plan review should continue. If the access from Hwy. 7 is removed, the sub- ject site would still maintain a second access west of the gas pumps by maintaining connection by an internal road as shown to the HSZ parking lot (Attachment #5) . The whole site would depend on access to Hwy. 41 . If MnDOT' s final decision results in the need for any changes to the site plan, the applicant would have to go through the site plan review process again. Staff is recommending that the appli- cant provide a revised site plan showing how the site will be designed without access from Hwy. 7 . A building permit will not be issued to the applicant until the necessary access permits from MnDOT are received and the access(es) to the site are installed. Landscaping The site is providing landscaping around the building and perimeter of the site. Staff is recommending that evergreens be included where the four crab trees are proposed on the west side of the building to further screen the service area. Although landscaping is not required on the rear of the building, some . form of landscaping ( trees or shrubs) would break up the expanse of the building and is recommended by staff . The applicant is also required to provide a 2 foot hedge, wall or berm between a street and vehicular use area. The applicant has not provided this on the north or east side of the property. Staff is recom- mending that the applicant provide an amended landscaping plan which includes staff' s recommendations and meets the requirements of the ordinance. Should islands be included in the 70 foot wide entrance, landscaping should be provided for those also. The trash enclosures must be completely screened on all sides . Signage , The ordinance permits a ground low profile sign with a maximum sign area of 24 square feet and a maximum height of 5 feet. The applicant is proposing a ground low profile sign which appears to be larger than 24 square feet and is higher than 5 feet (Attachment #6) . An amended sign design must be provided. The 1 SuperAmerica Hwy. 7 and 41 August 3 , 1988 Page 5 ordinance also restricts gas price signs to be located on the gas pumps or on the ground low profile sign . Any signage on the. gas canopy would not be permitted. The building is permitted one wall business sign per street frontage and no individual sign shall exceed 24 square feet. The applicant should provide details on the proposed wall signs . • Parking and Rooftop Equipment The applicant is providing the required number of parking spaces including one handicap space. All rooftop equipment must be 1 totally screened from view from any direction. Miscellaneous ' Since the access issue impacts the whole HSZ site, a building per- mit will not be permitted for SuperAmerica until the final plat and development contract for HSZ has been recorded with Carver 11 County. RECOMMENDATION ' Planning staff recommends the Planning Commission adopt the following motion: ' "The Planning Commission recommends approval of Site Plan Review *88-10 dated July 11, 1988 , with the following conditions : ' 1 . The site plan shall meet the conditions of the conditional use permit approval. 2 . The applicant shall provide a revised site plan with a 15 foot side yard setback from the south lot line prior to City Council approval. ' 3 . The applicant shall provide a revised landscaping plan addressing staff' s comments. ' 4 . The applicant shall provide plans for the ground low profile and wall signs which meet the requirements of the ordinance. 5 . No signage will be permitted on the gas canopy. 6 . All rooftop equipment must be screened from view from any direction. ' 7 . The trash enclosure must be totally screened. 8 . The applicant shall meet all conditions of the Public Safety Director. • 9 . The applicant shall not receive a building permit until MnDOT has approved access permits for Hwy. 7 and Hwy. 41, the access SuperAmerica Hwy. 7 and 41 August 3 , 1988 11 Page 6 points have been installed and the final plat and development contract for HSZ had been recorded with Carver County. 10 . The applicant shall provide an amended site plan showing how the site will be designed without access from Hwy. 7 . If the site plan results in changes in the current site plan the applicant shall again go through the site plan process . 11 . The site plan shall be revised to show proper channelization , and signage to prevent a right-hand turning movement from the westerly exit. 12 . The revised plan shall be reviewed and approved by the Minnesota Department of Transportation prior to final site plan review and comply with their conditions . 13 . Storm sewer calculations shall be submitted to the City Engineer for approval prior to final site plan review. 14 . An erosion control plan shall be submitted to the City Engineer for approval prior to final site plan review. 15 . The westerly proposed driveway shall be reduced to a maximum width of 32 feet. 16 The applicant shall provide the City with a copy of the exe- ' cuted roadway easement for the portion of Lot 2 , Block 1 which serves the westerly access for the subject parcel . 17. Utility service for this property is contingent upon the HSZ site improvements . Conditional Use Permit Analysis , The Zoning Ordinance requires conditional use permits for a con- 11 venience store with gas pumps in the BN District. Section 20-232 of the Zoning Ordinance establishes standards that a conditional use permit must meet for it to be approved by the city as follows: 1 . Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neigh- borhood or the city. ' 2 . Will be consistent with the objectives of the city' s compre- hensive plan and this chapter. 3 . Will be designed, constructed, operated, and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. 4 . Will not be hazardous or disturbing to existing or planned neighboring uses. 1 1 . SuperAmerica Hwy. 7 and 41 August 3 , 1988 Page 7 5 . Will be served adequately by essential public facilities and services , including streets , police and fire protection, drainage structures , refuse disposal , water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible ' for the establishment of the proposed use. 6 . Will not create excessive requirements for public facilities and services and will not be detrimental to the economic ' welfare of the community. 7 . Will not involve uses , activities, processes, materials , equipment and conditions of operation that will be detrimen- tal to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes , ' glare, odors, rodents , or trash. 8 . Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares . 9 . Will not result in the destruction, loss or damage of solar ' access , natural, scenic or historic features of major significance. 10 . Will be aesthetically compatible with the area. 11. Will not depreciate surrounding property values . 12 . Will meet standards prescribed for certain uses as provided in this article. ' The subject site has residences located to the west and south and any impacts related to a convenience store with gas pumps need to be minimized. The major issues of concern to the neighborhood is noise, lights, hours of operation and traffic. Of the general conditional use standards listed in the ordinance, the following are the most pertinent to the proposal: ' 1 . Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neigh- borhood or the city. ' * The site plan is designed to provide safe access , adequate screening and compatible building design so that it will not endanger the public health, safety, etc. of the neigh- , boyhood or city. 3 . Will be designed, constructed, operated, and maintained so to ' be compatible in appearance with the existing or intended character of the general vicinity and will not change the 1 SuperAmerica Hwy. 7 and 41 August 3 , 1988 Page 8 essential character of that area. I * The building will be constructed of a tan brick wall and bronze metal roof with a maximum height of one story. The design and height of the building will maintain the general character of the area. 4 . Will not be hazardous or disturbing to existing or planned , neighboring uses . * The conditional use permit process permits conditions to be added to ensure the site will not be disturbing to neighboring uses. The lights on the site will be downcast to prevent light from being directed off site. The canopy lights are also downcast but to further reduce impact to the neighbors, staff is recommending that the lights be receded into the gas pump canopy. Traffic to the site will not be directed through the neighborhood to cause a traffic hazard and the design of the whole site with landscaping and berms should minimize any noise. 7 . Will not involve uses, activities , processes, materials, equipment and conditions of operation that will be detrimen- tal to any persons , property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors , rodents , or trash. * The gas pumps will not cause excessive noise, traffic, fumes, etc. SuperAmerica is typically open 24 hours a day. The applicant will be prepared to address concerns about noise or activities related to the gas pumps and store. In discussion with the applicant, it appears that the number of users between midnight and 6 a.m. are small and will not cause excessive noise or activity. The Commission and Council may want to review the site in 6 months to one year after it is open to determine if having it open 24 hours is detrimental to the neighboring uses . 8 . Will have vehicular approaches to the property which do not ' create traffic congestion or interfere with traffic or surrounding public thoroughfares . ' * The internal roadway and access from Hwy. 7 and 41 was designed to remove traffic from the neighborhood and to provide safe access to the site. 10 . Will be aesthetically compatible with the area. * The building and landscaping will be aesthetically com- I patible with the area. Section 20-388 of the ordinance also provides specific conditions , for a convenience store with gas pumps which will also minimize 1 , . SuperAmerica Hwy. 7 and 41 August 3 , 1988 iPage 9 impact to the neighborhood uses as follows: 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 residential ' 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 vehicles . ' Summary The proposed improvements to the site (building, lighting, landscaping, gas pumps) are designed to minimize impacts to neigh- boring uses and to be compatible with surrounding uses . The con- ditional use permit process allows the city to establish ' conditions felt necessary to address any concerns of surrounding properties. RECOMMENDATION Planning staff recommends the Planning Commission adopt the following motion: "The Planning Commission recommends approval of Conditional Use Permit #88-10 as shown on the site plan stamped "Received July 11 , 1988" with the following conditions: 1 . No unlicensed or inoperable vehicles shall be stored on premi- ses . 2 . No repair, assembly or disassembly of vehicles is permitted on premises . ' 3 . No public address system shall be audible from any residential 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 vehicles is permitted. 6 . The lights on the gas canopy shall be receded into the canopy. 7 . The applicant shall meet all conditions of the Public Safety Director. . 1 SuperAmerica Hwy. 7 and 41 August 3 , 1988 1 Page 10 8 . The applicant shall comply with all conditions of the site II plan approval. ATTACHMENTS 11 1 . Excerpts from City Code. I 2 . Memo from Asst. City Engineer dated July 28 , 1988. 3 . Memo from Building Department dated July 25 , 1988. 4 . Detailed site plan of whole HSZ site. I 5 . Showing access to SuperAmerica site without 'access from Hwy. 7. 6 . Proposed signage. 7 . Reduced copies of trash enclosure and building details. 8 . Application. II 9 . Site plan dated July 11 , 1988 . 10 . Landscaping plan dated July 11, 1988 . II II II II II II I II II II II II IC ZONING § 20-692 ' (5) The setbacks are as follows: a. For front yards,twenty-five(25)feet. ' b. For rear yards, twenty-five(25)feet. c. For side yards,ten(10)feet. (6) The maximum height is as follows: ' a. For the principal structure, three(3)stories/forty(40)feet. b. For accessory structures, one(1)story/fifteen (15)feet. (Ord.No. 80,Art.V, § 8(5-8-5), 12-15-86) . Secs. 20-676-20-690. Reserved. ARTICLE XVI. `BN" NEIGHBORHOOD BUSINESS DISTRICT Sec. 20-691. Intent. The intent of the"BN"District is to provide for limited low intensity neighborhood retail ' and service establishments to meet daily needs of residents. (Ord. No. 80, Art. V, § 10(5-10-1), 12-15-86) ISec. 20-692. Permitted uses. The following uses are permitted in a "BN" District: ' (1) Convenience stores without gas pumps. (2) Neighborhood oriented retail shops. ' (3) Self-service laundries. (4) Dry cleaning and laundry pick-up stations. ' (5) Day care center. (6) Personal service establishments. (7) Professional offices. (8) Small appliance and shoe repair shops. ' (9) Health services. (10) Veterinary clinics. 1 (11) Utility services. (12) Shopping center. ' (13) Private clubs and lodges. (14) Community center. (Ord. No. 80, Art. V, § 10(5-10-2), 12-15-86) 1215 § 20-693 CHANHASSEN CITY CODE , Sec. 20-693. Permitted accessory uses. 111 The following are permitted accessory uses in a "BN" District: (1) Parking lots. (2) Car wash(when accessory to automotive service station). (3) Signs. (Ord. No. 80,Art. V, § 10(5-10-3), 12-15-86) ' Sec. 20-694. Conditional uses. The following are conditional uses in a"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. 1 (5) Standard restaurants. (6) Bed and breaksfast establishments. (Ord. No. 80,Art. V, § 10(5-10-4), 12-15-86) State law reference CConditional uses, M.S. § 462.3595. Sec. 20-695. Lot requirements and setbacks. I The following minimum requirements shall be observed in a "BN" District subject to additional requirements, exceptions and modifications set forth in this chapter: ' (1) The minimum district area is three (3) acres. This paragraph may be waived in the case of expansion to an existing district. (2) The minimum lot area is fifteen thousand(15,000)square feet. (3) The minimum lot frontage is seventy-five (75) feet, except that lots fronting on a cul-de-sac shall have a minimum frontage of sixty(60)feet in all districts. (4) The minimum lot depth is one hundred fifty(150)feet. (5) The maximum lot coverage including all structures and paved surfaces is sixty-five 1 (65)percent. (6) Off-street parking areas shall comply with all yard requirements of this section, except that no rear yard parking setback shall be required for lots directly abutting railroad trackage; and, no side yard shall be required when adjoining commercial uses establish joint off-street parking facilities,as provided in section 20-1122,except that no parking areas shall be permitted in any required side street side yard. The minimum rear yard shall be fifty (50) feet for lots directly abutting any residential district. Side streets side yards shall be a minimum of twenty-five(25)feet. , Other setbacks are as follows: a. For front yards, thirty-five(35)feet. I 1216 ' 1 yt+"-.�)S'^!'�----a•M"- -. ..n.w rwas3:•:Yn. ..r"'S% r• I , , ZONING I C § 20-712 b. For rear yards, thirty(30)feet. c. For side yards, fifteen(15)feet. I (7) The maximum height is as follows: a. For the principal structure, one(1)story. \ b. For accessory structures, one(1)story. (Ord. No. 80, Art. V, § 10(5-10-5), 12-15-86) Secs. 20-696-20-710. Reserved. 1 .. IARTICLE XVII. "BH" HIGHWAY AND BUSINESS SERVICES DISTRICT Sec. 20-711. Intent. IThe intent of the "BH" District is to provide for highway oriented commercial develop- ment restricted to a low building profile. (Ord. No. 80,Art. V, § 11(5-11-1), 12-15-86) ISec. 20-712. Permitted uses. IThe following uses are permitted in a "BH" District:IC (1) Financial institutions. I (2) Fast food restaurant. (3) Automotive service stations. I (4) Standard restaurants. (5) Motels and hotels. I (6) Offices. (7) Retail shops. I (8) Miniature golf. (9) State-licensed day care center. I (10) Car wash. (11) Convenience store with or without gas pumps. I (12) Personal service establishment. (13) Liquor stores. I (14) Health services. (15) Utility services. (16) Shopping center. 1217 ZONING § 20-1125 (12) Mortuaries—One(1)space for every three(3)seats. (13) Motel or hotel—One(1)parking space for each rental room or suite,plus one(1)space for every two(2)employees. I (14) Office buildings (administrative, business or professional)—Three (3)parking spaces • for each one thousand(1,000)square feet of floor area. (15) Public service buildings, including municipal administration buildings, community center, public library, museum, art galleries, and post office—One (1)parking space for each five hundred (500) square feet of floor area in the principal structure, plus I one(1)parking space for each four(4)rests within public assembly or meeting rooms. (16) Recreational facilities, including golf course, country club, swimming club, racquet club, public swimming pool—Twenty (20) spaces, plus one (1) space for each five hundred(500)square feet of floor area in the principal structure or two(2)spaces per court. (17) Research, experimental or testing stations—One (1)parking space for each five hun- dred(500)square feet of gross floor area within the building,whichever is greater. (18) Restaurant, cafe, nightclub,tavern or bar: a. Fast food—One(1)space per sixty(60)square feet of gross floor area. b. Restaurant: I 1. Without full liquor license—One (1) space per sixty (60) square feet of gross floor area or one (1) space per two and one-half (21/2) seats whichever is greater. 111 2. With full liquor license—One(1)space per fifty(50)square feet of gross floor area or one(1)space per two(2)seats whichever is greater. (19) Retail stores and service establishments—One (1) space for each two hundred (200) square feet of gross floor area. (20) School, elementary (public, private or parochial)—One (1) parking space for each I classroom or office room, plus one (1) space for each one hundred fifty (150) square feet of eating area including aisles, in any auditorium or gymnasium or cafeteria intended to be used as an auditorium. I (21) School,junior and senior high schools and colleges(public,private or parochial—Four (4) parking spaces for each classroom or office room plus one (1) space for each one hundred fifty (150) square feet of seating area including aisles, in any auditorium or gymnasium or cafeteria intended to be used as an auditorium. (22) Shopping center—On-site automobile parking shall be provided in a ratio of not less I than one(1)parking space for each two hundred(200)square feet of gross floor area; separate on-site space shall be provided for loading and unloading. (23) Storage, wholesale, or warehouse establishments—One (1) space for each one thou- sand(1,000)square feet of gross floor area up to ten thousand(10,000)square feet and one(1)additional space for each additional two thousand(2,000)square feet plus one 1 1249 • • I -...„.,...ems.., 1 , § 20-1179 CHANHASSEN CITY CODE (5) The removal of diseased and damaged trees is permissible. (d) Tree removal not permitted under subdivision, planned unit development or site plan review shall not be allowed without the approval of a tree removal plan by the city council. ' Tree removal plans shall include the content requirements as dictated in section 20-1177 and identify reasons for tree removal. The plan shall be submitted three (3) weeks in advance of the city council at which it is to be considered. ' (e) This section does not apply to single-family and two-family lots of record. (Ord. No. 80,Art. VIII, § 7, 12-15-86) ' Secs. 20-1180-20-1190. Reserved. ' DIVISION 2. PERIMETER LANDSCAPING REQUIREMENTS Sec. 20-1191. Generally. ' (a) Where parking areas are not entirely screened visually by an intervening building or structure from any abutting right-of-way, there shall be provided landscaping between such area and such right-of-way as follows: 1 (1) A strip of land at least ten (10) feet in depth located between the abutting right-of- - way and the vehicular use area which shall be landscaped to include an average of 1 one (1) tree for each forty (40) linear feet or fraction thereof. Such trees shall be located between the abutting right-of-way and the vehicular use area. (2) In addition, a hedge,wall,berm,or other opaque durable landscape barrier of at least two(2)feet in height shall be placed along the entire length of the vehicular use area. If such opaque durable barrier is of nonliving material, a shrub or vine shall be planted along the street side of said barrier and be planted in such a manner to break ' up the expanse of the wall. A two-foot berm may be used; however, additional landscaping at least one (1)foot in height at time of planting shall be installed. The remainder of the required landscape areas shall be landscaped with grass, ground cover, or other landscape treatment. (b) This division applies to perimeter landscaping. (Ord. No. 80, Art. VIII, § 2(8-2-1), 12-15-86) Sec. 20-1192. Required landscaping adjacent to interior property lines. ' (a) Where parking areas abut property zoned or, in fact,used primarily for residential or .institutional purposes,that portion of such area not entirely screened visually by an interven- ing structure or existing conforming buffer from an abutting property,there shall be provided a landscaped buffer which should be maintained and replaced as needed. Such landscaped buffer shall consist of plant material, wall, or other durable barrier at least six (6) feet in height measured from the median elevation of the parking area closest to the common lot line, ' and be located between the common lot line and the off-street parking areas or other vehicular use area exposed to the abutting property. Fences shall be constructed according to the standards in section 20-1018. 1254 r ri...w.,i.:::....,......._rh.c.w.::..k�e ZONING § 20-1255 ' Sec. 20-1255. Signs allowed without permit. The following signs are allowed without a permit: (1) Campaign signs, not exceeding twenty-four (24) square feet in area. The sign must ' contain the name of the person responsible for such sign, and that person shall be responsible for its removal. Such signs shall remain for no longer than seventy-five (75) days in any calendar year. The city shall have the right to remove and destroy signs not conforming to this paragraph. (2) Directional signs. ' a. On-premises signs shall not be larger than four (4) square feet. The number of signs shall not exceed four(4)unless approved by the city council. b. Off-premises signs shall be allowed only in situations where access is confusing and traffic safety could be jeopardized or traffic could be inappropriately routed through residential streets. The size of the sign shall be approved by the city council and shall contain no advertising. (3) Signs or displays which contain or depict a message pertaining to a religious,nation- al,state or local holiday and no other matter and which are displayed for a period not to exceed seventy-five(75)days in any calendar year. (4) Informational signs not exceeding sixteen(16) square feet. I (5) Integral signs. (6) Motor fuel price signs are permitted on the premises of any automobile service station only if such signs are affixed to the fuel pumps or are made an integral part of a ground low profile or pylon business sign otherwise permitted in that zoning district. Motor fuel price signs affixed to a fuel pump shall not exceed four(4)square feet in sign display area.When such signs are made an integral part of a freestanding business sign, the sign display area devoted to the price component shall not exceed • thirty(30)percent of the total sign display area of the sign. ' (7) Nameplate signs not exceeding two(2)square feet. (8) Nonilluminated construction signs confined to the site of the construction,alteration ' or repair. Such a sign must be removed within one (1)year of the date of issuance of the first building permit on the site and may be extended on an annual basis. One(1) sign shall be permitted for each street the project abuts. Commercial and industrial signs may not exceed fifty (50)square feet in sign area, and residential construction signs may not exceed twenty-four(24)square feet in sign area. (9) O.S.H.A. signs. (10) Signs of a public, noncommercial nature erected by a governmental entity or agency including safety signs, directional signs to public facilities, trespassing signs, traffic signs, signs indicating scenic or historical points of interest, memorial plaques and the like. 1261 1 - t. I . ' I § 20-1301 CHANHASSEN CITY CODE Icollector street as designated as such in this chapter. Such sign shall be located so as not to conflict with traffic visibility or street maintenance operations, and shall be securely anchored to the ground. I (Ord. No. 80, Art. IX, § 5, 12-15-86) Sec. 20-1302. Neighborhood business and institutional districts. IThe following signs shall be allowed by permit in any OI or B-1 District: (1) Ground low profile business signs. One (1) ground low profile business or institu- I tional sign not exceeding twenty-four (24) square feet of sign display area shall be permitted per street frontage, with a maximum of two (2) such signs per lot. Such sign shall be located at least ten(10)feet from any property line and shall not exceed Ifive(5)feet in height. (2) Wall business sign. One(1)wall business sign shall be permitted per street frontage for each business occupant within a building. The total of all wall mounted sign I display area shall not exceed ten (10)percent of the total area of each building wall upon which the signs are mounted, but no individual business sign shall exceed twenty-four (24) square feet in sign display area. A wall business sign shall not be I mounted upon the wall of any building which faces any adjoining residential district without an intervening public street. (Ord. No. 80, Art. IX, § 7, 12-15-86) ISec. 20-1303. Highway and Y general al business districts. IThe following signs shall be allowed by permit in any BH, BG, or BF District: (1) Ground low profile business signs. One (1) ground low profile business sign shall be permitted per street frontage, with a maximum of two (2) such signs per lot. Such Isigns shall not exceed eighty(80)square feet in sign display area nor be greater than eight (8) feet in height. Such signs shall be located at least ten (10) feet from any property line.In no case shall any lot contain more than two(2)freestanding business I signs, whether such signs are pylon or ground low profile signs. (2) Pylon business sign. One(1)pylon business sign, not exceeding sixty-four(64)square I feet in sign display area, shall be permitted per lot. A pylon business sign greater than sixty-four(64)square feet,but equal to or less than eighty(80)square feet, may be permitted after securing a conditional use permit. Such signs shall be located at I least ten (10) feet from any property line, and shall not exceed twenty (20) feet in height. In no case shall any lot contain more than two(2)freestanding business signs, whether such signs are pylon or ground low profile signs. I (3) Wall business signs. One(1)wall business sign shall be permitted per street frontage for each business occupant within a building. The total of all wall mounted sign display area shall not exceed fifteen(15)percent of the total area of the building wall I upon which the signs are mounted. No individual business sign shall exceed eighty (80)square feet in sign display area. A wall business sign may be mounted upon any wall of a principal building. I 1268 1_ • . C I TY OF 4 1 1 „L„.. 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 I• °" (612) 937-1900 MEMORANDUM I TO: Planning Commission FROM: Larry Brown, Staff Engineer - I DATE: July 27 , 1988 SUBJ: Preliminary Site Plan Review for Lot 3 , Block 1 of 1 Seven Forty-One Crossing Planning File No. 88-10 , SuperAmerica I This site is located on the southeast corner of the intersection of State Highway 41 and Trunk Highway 7. The City Council approved the final plat on July 25 , 1988 . The site is comprised of an open field with a small grove of trees along the easterly property boundary. I Sanitary Sewer Municipal sanitary sewer service is to be extended to the south- 1 west corner of this lot via the HSZ site plan. The installation of the actual sanitary sewer service shall remain the respon- sibility of the applicant. It is recommended that 6-inch 1 diameter sewer cleanouts shall be installed at 100-foot intervals on all sanitary sewer services in excess of 200 feet in length. Water Service 1 Similarly, a 6-inch diameter watermain shall be extended along II the southerly property boundary for the subject lot via the HSZ project. The construction of the water service will remain the responsibility of the applicant. Access 1 The construction of the right turn lane/exit ramp from eastbound 1 Highway 7 as part of the HSZ site requires a permit from the Minnesota Department of Transportation (Mn/DOT) . The proposed entrance to the SuperAmerica site has a potential to allow a 1 right-hand turning movement into oncoming traffic. This .will have to be addressed through proper channelization and signage and written approval from Mn/DOT prior to the final site plan review. 1 4Z- 1 ' Planning Commission July 27 , 1988 Page 2 The plan proposes an entrance width of 70 feet . General design g practice is to avoid large unchannelized intersections that allow ' the driver to enter and leave at random. It is recommended that the driveway width be reduced to a maximum width of 32 feet. The applicant should provide the City with a copy of the land easement located immediately west of the subject lot which serves the proposed westerly entrance. ' Grading The proposed plan proposes no major changes to the grading plan ' which was approved through the HSZ site. The construction of the pond on the easterly side of the lot will be constructed as part of the Seven Forty-One plat . We find that this plan is accep- table. Drainage and Erosion Control ' The storm water runoff has been proposed to connect to the storm sewer system of the Seven Forty-One plat . Storm sewer calcula- tions which verify that adequate capacity exists to handle the ' increased runoff from Lot 3 will be required as part of the final site plan review. ' The plan does not address erosion control. A revised plan which shows the City' s standard details and location of the erosion control will be required as part of the final site plan review. ' It is therefore recommended that the site plan be approved upon the following conditions: . 1. The site plan shall be revised to show proper channelization and signage to prevent a right-hand turning movement from the westerly exit . ' 2 . The revised plan shall be reviewed and approved by the Minnesota Department of Transportation prior to final site plan review and comply with their conditions. 3 . Storm sewer calculations shall be submitted to the City Engineer for approval prior to final site plan review. ' 4. An erosion control plan shall be submitted to the City Engineer for approval prior to final site plan review. 5 . The westerly proposed driveway shall be reduced to a maximum width of 32 feet . 1 I 1 1 1 1 1 1 1 1 1 I I 1 I 1 1 1 I • Planning Commission July 27 , 1988 Page 3 ' 6. The applicant shall provide the City with a copy of the exe- cuted roadway easement for the portion of Lot 2, Block 1 which serves the westerly access for the subject parcel. 7. Utility service for this property is contingent upon the HSZ • site improvements. 1 • I I I I 1 I CITY OF .- ‘, I \ , 1 , CHANHASSEN 1 y 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 1 MEMORANDUM TO: Jo Ann Olsen, Assistant City Planner I FROM: Steve A. Kirchman, Building Inspector i -.DATE: July 25, 1988 i SUBJ: Planning Case 88-10 CUP and 88-10 Site Plan Review, II SuperAmerica 1 1 . One handicap parking space is required. 2 . One hour wall required if less than 20 feet to lot line. I 3 . Protected openings required if less than 10 feet to lot line. II II II 1 II I II I ----- ---- _ - I , ' ------------_------ . - - _ .–– ... . 1----- __------ 1.-H 1 •.__k___■''''' ... _— i g4-111”.1E ------- I _----- - - ----------- __----------- -____— • ,-- III , - • , r _ ! _ ( - \ . 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OF POURED CONC.LOCATION. d U 2'44'HCRI20NTAL BRACING 1 HERDER AS REO'0. --., �,Ii O TYPICAL LOGTION FOR HIP ,�I O I� TRUSSES-MIEN TD WI IETIER- U rm.] ,1 REE NOTE.W.1 iI YO TYPICAL LOCATION FOR TD►C11M PI, AT SANE ELEVATION. 1SEE NOTE niir • 1 ,...„•,..,... ............................____ ....................... ..........________ ® BUILDING CROSS SECTION �:—=�� - .. > p �n o.,a . .. , — h+>o R�f.�\r PARED ICAT ION.OR EFFORT IRS vae- ELEVATIONS d BUILDING SECTIONS �� I +,�.\Anlu PARED NY K OR UNDER TIT DIRECT Mti REGIST RED AND THAT I AN A DOLT SUPERAMER_ICA IAYSSOF TIE S7ONATE OF'"°E"THE 6411-0..421-0'R►AEU2E WILLING r_ MIND RII Y aw<IR I MUM 1 \sN V.OT ww\mn •••_ _•-a�mrO?OU.rw.UCTS sw+ Oan NRA b ..... NO 9 r as r r r r r r r r r r r r r r r r r '7,------5:-.CW C�Y LAND DEVELOPMENT APPLICATION ` . CITY OF CHANHASSEN II 690 Coulter Drive Chanhassen, MN 55317 � (612) 937-1900 - -_ 'APPLICANT: .4 WNER: <=5/7"-(--/ ADDRESS 9a) 4^4... .S74--,S. ADDRESS 1/,)6- - 1 ,,'7' /s ham/ $ z Zip Code Zip Code II TELEPHONE (Daytime ) 39'7--- ") TELEPHONE =5/977^4--/ REQUEST: i Zoning District Change Planned Unit Development Zoning Appeal Sketch Plan ' Preliminary Plan Zoning Variance Final Plan Zoning Text Amendment Subdivision II Land Use Plan Amendment Platting 3..E Metes and Bounds II Conditional Use Permit Street/Easement Vacation Site Plan Review II Wetlands Permit . PROJECT NAME 5 v V QVIGG-, p'J G n A,/(&irtc) ►'-e-- P II RESENT LAND USE PLAN DESIGNATION (REQUESTED LAND USE PLAN DESIGNATION f„ 1 PRESENT ZONING % REQUESTED ZONING Cf `' -�. I USES PROPOSED 7 ° ' °".G.o '4 S II IZE OF PROPERTY / O Y icCilt 5 LOCATION 4.-- A /7'% /�►'74^' l II REASONS FOR THIS REQUEST 461--64-1 Cis Ud.__ I LEGAL DESCRIPTION (Attach legal if necessary) A im6b_e_.c=f�,L,L, ov__ I eit/5 1 .. _ _ City of Chanhassen nhassen Land Development Application I Page 2 IFILING INSTRUCTIONS : This application must be completed in full and be typewritten or II 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 City Planner to determine the specific ordinance and procedural requirements II applicable to your application . IIFILING CERTIFICATION: The undersigned representative of the applicant hereby certifies II that he is familiar with the procedural requirements of all applicable City Ordinances . . o e -a iv I g By Si ned B `or 4, ` / Date -2 -z s Applicant II IIThe undersigned hereby certifies that the applicant has been authorized to make this application for the property herein described . 1 ' i Signed By '-`:-01,..e. ,---75..:. I (2 e Owne / 0 i ‘111/4 0 i . I ( 0# 0 . II Date Application Received /7 ,//. .� eA1 b414 Pff I i -f. Application Fee Paid „ ZS"� 5 c'l City Receipt No. o� 1� S— * This Application will be considered by the Planning Commission/ I Board of Adjustments and Appeals at their meeting. I I _ , II Planning Commission Meeting �`- September 21, 1988 - Page 7 C _ Fred Hoisington: And we appreciate that . The input is of value to the Council . ROSEMOUNT INC. PROPOSAL: A. REDEVELOPMENT PLAN AMENDMENT, CITY OF CHANHASSEN. , B. REVIEW LAND SALE AGREEMENT. Fred Hoisington presented the staff report on this item. Conrad: . There is a resolution in front of us. Are there any questions? I Emmings : No, it seems like a good thing and appropriate to me. Wildermuth: Are we, as part of this consideration for the .". .source , program or is that strictly the City Council? Conrad : I don' t know. ' Olsen: The influx of source permit? ( Wildermuth: Right. Are we part of that consideration? 1 Olsen: We don ' t even have to do that right now. Fred Hoisington: At this point in time, that is not required to prepare this waiver. Resolution #88-2: Emmings moved, Wildermuth seconded that the Planning Commission approve Resolution #88-2 as presented in Attachment #2. All -voted in favor and the motion carried . Resolution #88-1: Ellson moved, Emmings seconded that the Planning I Commission adopt Resolution #88-1 finding Modification No. 8 consistent with the plans for development of the City of Chanhassen. All voted in favor and the motion carried. 1 SUPERAMERICA, LOCATED AT THE SOUTHWEST CORNER OF HWY. 7 AND HWY. 41. : A. CONDITIONAL USE PERMIT REQUEST TO PERMIT GAS PUMPS ON PROPERTY ZONED BH, NEIGHBORHOOD BUSINESS DISTRICT. B. SIGN VARIANCE REQUEST TO ALLOW A 45 SQUARE FOOT GROUND LOW PROFILE SIGN INSTEAD OF THE PERMITTED 24 SQUARE FOOT GROUND LOW PROFILE SIGN. C. SITE PLAN APPROVAL FOR A 3 ,2010 SQUARE FOOT CONVENIENCE STORE. ' a Planning Commission Meeting September 21, 1988 - Page 8 ' Jo Ann Olsen and Larry Brown presented the staff report on this item. Conrad: We' ll open it up for public comments. I know we've heard a lot of comments before and I think SuperAmerica has made some changes . I think the one thing as we look at a conditional use permit here, it ' appears that most of the communities ' comments in some areas and maybe still not happy with the gas station there but most of those areas that we were concerned with, traffic flow and lighting and barriers and the landscaping plans and disaster recovery type situations , it appears on ' paper that SuperAmerica has handled that. One issue that has not been dealt with by staff or that has not received a yea or a nay on what we have to look for is the hours of operation in the conditional use permit. ' We' re comfortable with 24 or if we feel that for the business neighborhood , that that ' s appropriate. I think you all have to remember that we' re talking about business neighborhood use here and make our ' comments based on that land designation. But anyway, we ' ll open it up for public comments. If there are any, we'd sure like to hear your comments and hopefully you ' ve had some insights into what SuperAmerica has been proposing and seen their recent plan. Are there any comments? Ben Gowen, 6440 Hazeltine Blvd . : I 'm not aware of your maps and plans for traffic flow. Is there any way that I can become aware of it at this 1 point? Conrad : Actually you could have my manual right here, if you 'd like. Jo Ann, what are we going to do with these? Are you going to collect them ' and send them onto City Council or could this gentleman? Olsen: He can have one. We 've got extras . Conrad : It' s a pretty thorough. If ball counts , it ' s a pretty thorough survey and you kind of have to be a traffic engineer to analyze some of 1 the stuff that ' s in here. That ' s why we have our own engineer review this and tell us what it really means. What he ' s saying, and without being an engineer myself, I have to take our consultant , our engineer ' s word for it that the traffic flows and the patterns created are acceptable based on our standards . Ben Gowen: Then I ' ll have to ask him a question . Is that it? 1 Conrad : Ask him. • Ben Gowen: How can you have a single entrance and no exit and have a gas station? There is no exit that 's public property. Brown: There is a proposed exit on TH 41 right now. Ben Gowen: That is private property. That is part of the proposed, non- existing shopping center that was supposed to have gone in last June in a very brushed area. Nothing ' s happened. You can not have an exit on private property can you? That ' s a straight question. Can you, yes or no? 11 z • - Planning Commission Meeting September 21, 1988 - Page 9 I Brown: Yes . Ben Gowen: You can have an exit on private property? ' Brown: Correct . Ben Gowen: I doubt it seriously. Whether you ' re an engineer or not, I don't think you can do that. Olsen : Just for clarification, the development of this site is also , contingent upon development of the HSZ site. - Ben Gowen: That becomes private property. SuperAmerica is going to exit II on private property. You can not do that, I do not believe. You think you can? Is that a yes or a no? Can you use private property? Olsen: They' ll be able to use that exit. Ben Gowen: HSZ owns that property and SuperAmerica is going to use it for a public road. I don' t think you can approve that. I Olsen : They' ll have an agreement , a cross easement. Ben Gowen: No, you can ' t do that. You' ve got to have access to your own property. All they've got is a highway entrance . They have no exit. Emmings: Let ' s say that the shopping center never got built and you 've ' got , so we ' ve got a gas station sitting out there all by itself, which is kind of my fear , but even if the gas station doesn ' t own that property, they could buy an easement from the landowner of the HSZ site. They can buy an easement from them to have access onto that road and as far as I know, there would be nothing wrong with that . Ben Gowen: That may be, but doesn ' t have defeat all of the HSZ propoganda ' that we' ve been fed for the last summer? Emmings: Yes . , Ben Gowen : What are we getting here? It ' s a railroad and anybody can do what they want to do? That ' s not fair to anybody. , Emmings : But you asked• a question , can they go out that way and I think the answer to that is yes. I don ' t see any reason they can ' t . , Ben Gowen: Without an easement they can ' t. Conrad: They' re not going to be able to build without an easement. They II can ' t put it up unless there' s access . Ben Gowen: Has HSZ okayed the easement then? You ' re getting the cart in front of the horse here. II i«rir.LypJn: + 1 . . Planning Commission Meeting `- September 21, 1988 - Page 10 Emmings : Why don ' t we ask them what their arrangements are . Randy Peterson: We have a cross easement and yes , they have approved it. Ben Gowen : I disagree with this procedure totally. Don Dudycha , 6451 Oriole Lane: The last time you were here you were going to build a shopping center , which is true. Those other two lots were going to be vacant. They were going to be left. Now how come they threw the shopping center around and put this in there? Are we still going to make that left turn lane out on TH 7 onto Oriole Avenue and close off 64th? What are they going to do? Are we still going to be sitting there and all the traffic going around us or what? Brown: The shopping center site has gone through all the hurdles . They' ve submitted building plans. They are desparately seeking a grading ' permit to start grading . They have received a letter of intent of approval , as I stated in my last memo, from the Watershed District. The Watershed District , unfortunately meets once a month so that ' s a definite time crunch. Their next meeting is coming up, as a matter of fact it should have been probably last night . I 'm assuming that they got approved as stated in the Watershed letter. That ' s the hurdle that they've been waiting for and they will start construction soon . Don Dudycha: Is that turn lane then still going to be off TH 7 on Oriole Avenue and the other road , 64th going to be cul-de-saced? Brown: That is correct . Don Dudycha : I thought that was supposed to be worked on too so that you don' t have to go off of suicide 7. It' s still the same way. Nothing ' s been surveyed or nothing . Brown : They have surveyed it. The City has not allowed them to start work until all the documents are in order . Don Dudycha : I don' t agree with putting a gas station in there . That ' s ' another thing that's going to be all night. You ' re going to hear the cars going in and out . Noise and everything else , I don ' t think that that ' s going to be. . . Headla moved , Batzli seconded , to close the public hearing . All voted in favor and the motion carried . The public hearing was closed. Headla : As you ' re eastbound , after you turn out to go into the station now. . . Brown : No , I believe page 1 of your plan shows a right-in onto that site. Headla : And that, for all practical purposes , approved? 11 . Planning Commission Meeting September 21, 1988 - Page 11 -1 Brown : I talked with MnDot there and the final steps of issuing for a , permit. They have guaranteed us that those permits will be issued . Headla : Okay, that was one concern you had . Another concern you had was the traffic going in and out onto TH 41. The more you thought about it, and I had a hard time with it but no matter what we do in there, we' ve got essentially the same type of problem. The way they've looked at it, they said they don ' t see a problem with the type of business SuperAmerica is, I 've got to support that. The other one I had a big concern about is the noise . The last time I said , I really used as my to develop an opinion is at TH 5 and TH 4. The SuperAmerica there. I have, a friend that lives 11 very close to that and he was complaining about noise. But when I talked to him, particularly this summer during the warm weather , he said no, the noise isn' t from the station, it ' s from TH 5. I talked to him more about II it. He couldn' t identify a problem with the station itself so that kind of swung me that I think SuperAmerica is appropriate. I have no problem with the 24 hour operation. I see filling stations all open for the night, in the wee hours of the morning . . . .don ' t hear anything so where I 'm coming from, I don' t think there is going to be trouble due to the outset and I don' t have trouble with 24 hour service. Wildermuth: The application in this case fits the zoning. I think the applicant has demonstrated very good faith and meets the criteria that we' ve set up. It' s an intense use of the corner but as Dave said, any use, any commercial use for that corner would intense use . I guess my questions were satisfied. Batzli : A question first for Jo Ann . Are the plans that we ' re looking at now August 15th plans? The amended plans? Olsen : Yes . 1 Batzli : So should the motions that we make reflect the amended plans , not the July 11th plans? Olsen: Right , those should be changed. Batzli : You' ll have to forgive me for some of this because I wasn ' t here ' at the previous meeting when we discussed this but lights on the gas canopy being receeded into the canopy. Is that really what we care about so much as where the light goes after it comes out of the light? ' Olsen: Receeding it, further buffers it. When you drive by, when they' re not receeded , you' re still going to see that . The light may not be generated that much off site. But the receeded lights seems to make it less of an impact to traffic driving by. It does make a difference . Batzli : I guess my point is this . You can have a receeded light and still have an angle for view that is just as great as if it wasn ' t recessed . You can have it recessed with wide dispersion bulb. I didn' t know what that was trying to do when I read it. I assumed that it was trying to keep the lights to a minimum so as not to be intrusive to the highway or residential or wherever you' re trying to keep it from. II . Planning Commission Meeting ,_- ISeptember 21, 1988 - Page 12 r ' Olsen : From the highway and the neighborhood . ' g ood . We re just trying to keep not intrusive to the whole area . IBatzli : Have we ever used wording like that before? Saying what we really mean instead of talking about where they can put the lights? IIOlsen : We did have them provide us with a lighting plan to show the extent of the lights and that was our way of insuring that it wasn ' t going to be a hazard to the traffic on TH 7 and TH 41 nor would be seen by the I neighbors. That site plan and that lighting plan has shown that that won ' t happen. I Batzli : I guess I just thought this wasn ' t a very artful way to say what we' re trying to say because I don' t think it says it. I think the intent is there but it doesn' t say that what we' re trying to do is keep the light IIunderneath the gas canopy and out of adjacent areas . Olsen : By having a lighting plan , as part of the condition of what they were to do. . . IBatzli : Then I think is we said something like, changing the lights from the lighting plan which we received would require City approval or I something like that would insure that they' re doing what ' s on the lighting plan , maintaining the lights within their property rather than talking about the lights being recessed or not . IEmmings : How about this Brian? How about just adding , the lights on the gas canopy be receeded into the canopy to eliminate dispersion into surrounding areas. Put down the intent so if, even with their lighting I plan doesn ' t do what we think it' s going to do , we still have something to fall back on. I .Batzli : I like that . The outside storage , is that during the day or is that all day, all night? What is that intending to avoid? Most of these stations we allow the bags of salt and 5 billion 12 packs of coke for the day and then they put them back in inside. Are you attempting to stop I that? Olsen : Yes . 1 Batzli : Isn' t that display rather than storage? Then , the applicant shall meet all conditions of the Assistant City Engineer . I don ' t know I that that ' s fair to anybody, that condition and I don ' t know what we ' re trying to do by that condition. Are there conditions now being imposed by the Assistant City Engineer? IOlsen : Right. In his memo there were several conditions . Batzli : Are there going to be further conditions? ILOlsen: No . We can clarify, as in the memo dated . I _ .... ..sue I Planning Commission Meeting September 21, 1988 - Page 13 I Batzli : I uess I g personally don ' t like the way the traffic is being r routed around this whole development. I don ' t think that it' s necessarily a bad use for the area . I think that being where it ' s located , it' s a fairly good use. I guess I don' t like the hours of operation because it II is business neighborhood and we' re trying to blend it into the neighborhood regardless of it being by two highways . I really don' t lake the traffic patterns . I don' t know how to change that . I 'm not a traffic II engineer . Ellson: I am glad to see that they are going to have the turn offs , both the left and the right turn from TH 7. The left turn onto Oriole and the 11 right turn there and I think that that ' s an improvement for anybody even if they' re not using this development. I like SuperAmericas. I used to live by one. I think they' re a well run organization and they are a nice II business to have in the neighborhood as far as some of the others you could have in this area zoned . I 'm disappointed the way that it was handled initially when we saw this development in two outlots when, you know by assumption this was probably planned ahead of time and could have II come through with the original zoning . Once we've already zoned it business neighborhood , and I see that this is meeting the conditions , at this point my hands are tied. I have to allow it to go through but I 'm not quite sure I like the way that it was finageled around to bring it in . Emmings : The applicant has done a lot of address all of our concerns . The zoning allows it. I 'd vote for a conditional use permit. My only reservations , I agree with the wording changes that Brian suggested . My only reservations are hours of operation. I have a feeling that it ' s not going to be a big noise generater but I don' t know that. I 'm having a little trouble coming up in my own mind with a suggestion for limiting hours of operation. I don' t know what would be reasonable in cutting a compromise between the surrounding neighborhood and the business itself . If somebody has some suggestions like that, I 'd sure like to listen to them but if no one else does have any changes along those lines , than I 'd be inclined to say, keep it open for 24 hours . I Conrad : Talk to us a little bit about the 24 hours of operation versus 18. Bud Kelp: My name is Bud Kelp. The advantage to a 24 hour operation is the time to do the necessary clean-up, fix-up, stocking shelves , things that you do while it is quiet and slow. Stores that are 18 hours that have to have a truck come in during the daytime. They've got merchandise II in the aisles while you' re stocking shelves . It becomes quite a problem. Emmings: Do you have to be open while you ' re stocking shelves? I Bud Kelp: If you ' re working 18 hours , that ' s when the people are there. We don ' t have somebody working third shift when we' re not open for I business . It tends seriously to get blown out of proportion. The amount of business on the third shift, really almost anything from midnight on is truly minimal . You' re looking at 5 or 6 vehicles an hour . I think it' s a pretty exaggerated figure. Around 5:00 in the morning, people start moving around . Some people are leaving for work that start at 6: 00. You I . , Planning Commission Meeting N- ISeptember 21, 1988 - Page 14 might start g getting a little more traffic . I think mainly we like the 24 hour for the purpose of the stocking and cleaning . We do have an area manager here who will be supervising this particular store . Would you care to address that any further? Area Manager : Not really. I think what Bud ' s really trying to say is that our overnight shift is important to us to maintain the standards of the store . Putting the store back together to make sure it ' s up to our standards daily so that our view, or the way the community views us is positive. It ' s not that we' re going to generate a ton of traffic at night but it works very well in our operation to be open that 24 hours , to have that time to put the place back together . It ' s basically as simple as that. Bud Kelp: We are also there for the emergencies , whatever they might be. Sometimes you do tend to want to travel somewhere and leave early in the morning . We are there for that purpose . Sometimes you forget something and you need something at night. Your little one gets sick, you need some aspirin, we' re there . This is part of our image . We are 24 hours just about all over the country. There are very, very few locations where we ' are not. Conrad : Thanks for your comments . Jo Ann , in point 8 , tank deliveries will be limited to an 8 hour shift. What does that mean? To an 8 hour shift . I don ' t know what that means . Olsen: That was another issue during the other public hearing that they didn ' t want tankers coming in in the middle of the night and making a lot of noise so the applicant is willing to limit tankers coming in to refill the tanks to an 8 hour period . Conrad : Which somebody will dictate and it won ' t be at night . Is that the assumption? ' Olsen : That ' s to be determined . Conrad : Who ' s going to determine that? We have it in this motion. Olsen: They have said, let the City determine when they want the shift to occur . You' ll most likely have it during the day because you want to remove the noise. Wildermuth : Wouldn ' t you rather say something like 6: 00 a.m. to 6 : 00 p.m. or 7 : 00 to 8 : 00? Olsen : I 'm leaving it open for you to determine what hours Y ou want . ' Emmings : For us or for somebody else? Conrad : We can do it . Headla : Shouldn ' t we let that be negotiated with the staff? II Planning Commission Meeting -,._ September 21, 1988 - Page 15 I Conrad : Well , what ' s our direction. I 'm just trying to figure out what we' re trying to accomplish here. Are we trying to keep the trucks off Y g P site at night? Is that what we ' re doing? Headla: Yes , that was the intent. Remember I was asking about the size II of the tanks and then the concern about the big tankers coming in. Conrad: So when would you not like them to come in Dave, because you' re I in the neighborhood? When don' t you want those trucks coming in? Headla: To me it would be like 8 : 00 to 8 : 00 but I would like to see the II neighbors have an input to staff and the staff can negotiate that with SuperAmerica. Leave it flexible enough so they can get in. If 8 : 00 to 8: 00 is satisfactory to both parties , that ' s great . I don' t think we've II got enough input to just come out and say, these are the best hours . Conrad : Does 8 : 00 to 8 : 00 to work? ' Bud Kelp: We could sure use , no deliverys after say 9: 00 at night until 6: 00 in the morning? Between that period? Conrad : That ' s different than 8 : 00 to 8 : 00. II Bud Kelp: Well , 8 : 00 to 8 : 00, we could live with 8 : 00 to 8 : 00. II I. Conrad : Does that seem reasonable? I think to me it does . Larry, I 'm going to ask you a question. Going back on buffering. The residents are concerned that we' re going to build the shopping center and you ' re saying that we are because you ' re seeing a lot of activity. Brown : If I may add one more comment . The entire SuperAmerica site is II dependent upon the rest of the amenities of the HSZ site. That being the ponding . That being the storm sewer . That being the watermain and ..sanitary sewer . II Conrad : So what you' re telling me is the rest of the improvements are going in so HSZ is pretty motivated to put something up? Brown: Very much so and SA depends on it. II Conrad: But we don' t have a guarantee that there ' s going to be a shopping II center there. There' s not a, and I don ' t know that we can force that guarantee but right now we don ' t know for sure. Brown: However , we don ' t have 100% guarantee that the shopping center is II going up. However , if we don' t have the shopping center , we don' t have SA. Conrad : Tell me how that works . II Brown: Solely because the developer for the shopping center has to enter into a development agreement before the final plat is signed for the HSZ site . SuperAmerica on the other hand is waiting for that plat to fall in II I . , Planning Commission Meeting September 21 , 1988 - Page 16 place before they start with their site so essentially we have them all on a leash. ' Batzli : Is that part of your memo? The utility service is contingent and that stuff or is that more. . . ' Brown: That' s mechanics . HSZ is bringing the utilities to them, to their site. Batzli : But they couldn ' t even get utilities or any of that without the HSZ being. . . Brown: Correct . ' Conrad : I think SuperAmerica did a real nice job in responding to our questions . I always find that the folks who respond nicely like they did ' to concerns and questions are good neighbors . We found that throughout Chanhassen. There are very few exceptions to that. I think the neighborhood is still concerned with a gas station there and there are probably some sequential things that give us some concern but overall , I ' think that SuperAmerica has done a nice job with this application . Echoing what Brian said, I think the traffic flow still is lousy in terms of internal HSZ flow but I don ' t think we had total control on that and therefore will let the City Council deal with that issue or that concern. Other than that , I 'm happy with what we got here . Headla : Are there any limits on what they can sell? You talk about gas , ' oil , coffee and donuts . Do we draw the line at all on what they sell? Do we really care? Olsen : We don ' t have any special regulations limiting . They can ' t sell liquor and that . ' Wildermuth : Isn ' t that part of retail trade. . .by the State? Olsen: On the liquor? ' Wildermuth : On the general . Olsen : They have to receive a permit from the State . The City does not ' have any specific limitations . Conrad : The only other• thing in our motion , if it doesn ' t include hours ' of operation, it will be noticed by it' s absence. Whoever makes the motion should , I think we can do a couple things . We can defer the hours to the City Council . ' Wildermuth : I don ' t see any reason to limit the hours of operation . I think that the public convenience far outweights whatever noise situation may be generated . There ' s a traffic light there that' s going to generate an awful lot more noise with stopping and starting. . . than a service station . . 1 Planning Commission Meeting September 21, 1988 - Page 17 ' Conrad : I don ' t see a problem with the hours of operation other than the lighting. I think we' ve taken care of the noise . Ellson : . . . like with the Holiday in Chanhassen . Do we have any of them I regulated now? If we have some already 24 hours , I think it'd be pretty hard to say this one can and this one can ' t. I would think it would be pretty difficult to tell them they couldn' t when we have it elsewhere in I the City. Batzli : I think it' s easy. It' s a different business district . Conrad: It' s a business neighborhood district and that' s a real difference. However , it' s on a major highway. It ' s a real contrast. Wildermuth: Are the lights on the Shorewood Shopping Center on all night II in the parking lot? I would guess they are. Brown: Is the Super Value open 24 hours? 1 Emmings : No , not anymore. Conrad: Is there a motion? Headla : Are you looking for the site plan first? Conrad : No, I think conditional use permit first and then we' ll go to site plan . Wildermuth : I move the Planning Commission recommend approval of Conditional Use Permit #88-10 as shown on the Site Plan stamped "Received August 15, 1988" with the following 10 conditions , a number of which were I reworded by Brian and to include an 11th condition that there be no limitation on hours of operation. Conrad : Jo Ann , would it be helpful to reword some of Brian ' s comments , for the record right now? Olsen : I think I ' ve got them. Conrad : Let' s go over them. On 7 , we were adding the word display. On 8, we were talking about 8 : 00 to 8 : 00. On 9, we were talking about based I on the memo dated such and such . Back to 6 , Brian didn' t like the intent. Brian, do you have a better teminology for it? Batzli : Steve can put that in the proposal . ' Olsen: To eliminate dispersion into the surrounding neighborhood . Emmings : Maybe on 7 we could just add the words , and say of merchandise. II There shall be no outside display, storage or sales of merchandise. Wildermuth : Are we trying to limit the display or storage? a _ 1 ' Planning Commission Meeting tSeptember 21 , 1988 - Page 18 ' Olsen: Both. Wildermuth : In other words , you don ' t like the idea of the Coke and oil stacked out there? Emmings : I think it cheapens their building , is my own personal feeling and they were willing to go along with that. I was kind of surprised about that but they were. Conrad: Is there a second? Headla : I ' ll second that . Batzli : I don' t necessarily approve that in a conditional use permit we put a condition that business hours won ' t be limited. In effect what you' re telling them is if they wanted to only work 8 : 00 to 8 : 00 they ' couldn' t so I will vote against it on the condition 11. Headla : Say that rationale again . ' Batzli. : I believe that it was worded that the hours of operation will not be limited which in effect means they have to be opened whether they want to or not and I don ' t think that ' s appropriate . ' Conrad : I would prefer not having that condition in there. Batzli : That' s what I 'm saying . Emmings: It isn ' t a condition . ' Batzli : Well , the condition is that they can ' t close . Wildermuth: No. Emmings : But that ' s what it sounds like. You can operate your business . . . Wildermuth : In other words, it ' s at their discretion. Batzli : But that' s not what you said . ' Headla : If it ' s not limited , you don ' t have an outer limit . ' Batzli : I will vote against it with that one in there. I don ' t think that ' s a good condition for a conditional use personally. Headla : What are you suggesting? ' Batzli : I 'm suggesting that we don ' t say anything . If we intend to allow them to operate as they see fit, then I don ' t think we need to say anything . II Planning Commission Meeting September 21, 1988 - Page 19 11 Headla : Don ' t you think we ought to give some kind of signal to the I Council? Batzli : I think the Minutes that we just talked will reflect to the Council what we' re doing. Wildermuth : That ' s fine. Strike condition 11. 1 Conrad: Dave, would you withdraw your second? Headla : Yes . I Wildermuth moved , Headla seconded that the Planning Commission recommend approval of Conditional Use Permit #88-10 as shown on the site plan stamped "Received August 15, 1988" with the following conditions : 1. No unlicensed or inoperable vehicles shall be stored on the premises . I 2. No repair , assembly or disassembly of vehicles is permitted on the premises . ' 3. No public address system shall be audible from any residential parcel . 4. Gas pump stacking area deemed to be appropriate by the City shall not I intrude into any required setback area . 5. No sales , storage or display of used automobiles or other vehicles I such as motorcycles , snowmobiles , or all terrain vehicles is permitted. 6. The lights on the gas canopy shall be receded into the canopy to II eliminate dispersion of light into the surrounding neighborhood area . 7. There shall be no outside display, storage or sales of merchandise . I 8. Tank deliveries will be limited to 8 : 00 a .m. to 8 : 00 p.m. and on days determined by the City. I 9. The applicant shall meet all conditions of the Assistant City Engineer as in the memo dated September 14 , 1988 . I 10. The applicant shall comply with all conditions of the site plan approval . All voted in favor and the motion carried . II Headla moved, Wildermuth seconded that the Planning Commission recommend II approval of Site Plan Review #88-10 dated August 15, 1988 with the following conditions : I 11 Planning Commission Meeting September 21, 1988 - Page 20 ' 1. The site plan shall meet the conditions of the conditional use permit approval . 2. The wall signs shall meet the requirements of the ordinance. 3. No signage will be permitted on the gas canopy. ' • 4. All rooftop equipment must be screened from view from any direction. 5. The trash enclosure must be totally screened . ' 6. The applicant shall not receive a building permit until MnDot has approved access permits for Hwy. 7 and Hwy. 41, the access points have been installed and the final plat and development contract for HSZ has been recorded with Carver County. ' 7. The revised plan shall be reviewed and approved by the Minnesota Department of Transportation prior to final site plan review and comply with their conditions . ' 8 . Storm sewer calculations shall be submitted to the City Engineer for approval prior to final site plan review. 9 . An erosion control plan shall be submitted to the City Engineer for ' approval prior to final site plan review. 10. The applicant shall provide the City with a copy of the executed roadway easement for the portion of Lot 2, Block 1 which serves the westerly access for the subject parcel . ' 11. Utility service for this property is contingent upon the HSZ site improvements . All voted in favor except Batzli who abstained and the motion carried . Wildermuth: Why are you abstaining? Batzli : I don ' t like the easement that they' re doing . I don ' t like the traffic pattern there. SIGN VARIANCE REQUEST TO ALLOW A Q 45 SQUARE FOOT GROUND LOW PROFILE SIGN ' INSTEAD OF THE PERMITTED 24 SQUARE FOOT GROUND LOW PROFILE SIGN. Jo Ann Olsen presented the staff report . Chairman Conrad called the public hearing to order . Roman Mueller : I 'm Roman Mueller with SuperAmerica. We' ve looked at the 24 square foot sign and it deals back to the same issues we've had for other Chanhassen signs . Visibility for traffic speed, etc. so what we' re 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1