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1d. CUP Outdoor Display of Merchandise for Sale Brambilla's Inc. P /a- IIC I T O F P.C. DATE: April 6 , 1988 C.C. DATE• A r "A01- C3ANH�SS� p it 25 , 1988 N I CASE NO: 88-4 CUP `1. IPrepared by: Dacy/v• 1 STAFF REPORT 1 1 PROPOSAL: Conditional Use Permit For Outdoor Display of Merchandise For Sale I U I171° LOCATION: 608 Flying Cloud Drive I.f.. IAPPLICANT: James Freeman Jack Brambilla 5840 Mount Carmel Road Brambilla' s, Inc. Carver, MN 55315 P.O. Box 37 IShakopee. MN 55379 (/ PRESENT ZONING: BF, Business Fringe District 1 ACREAGE: 2 acres DENSITY: N/A e IADJACENT ZONING u -).S. '-k_511 AND LAND USE: N- A-2; railroad tracks and single family I Q S- A-2 ; SuperAmerica and vacant commercial building tii E- BF; proposed site for cold storage buildi g I0 W- BF; eastern portion of Admiral Waste site Ia' WATER AND SEWER: No municipal services are available. PHYSICAL CHARAC. : Existing building on site; small wooded area; vacant field. I2000 LAND USE PLAN: Agricultural 1 r `'r I ri 5 .._ is v -IY.04 i . -'-' 77 6 a-• --dila F--- POND 1-: (eV 'ARIL (C.R. I F i �' T 'le / .:). MO* / 1— A2 •1 i O V / d ■ 0 . ---\...._ 411", IlLia....... CREEKW000 ' I- E t ia 11111, a FARM RQ M XIII -ifiribilhi et, Pr-f----4-. .k. ION 00\1 vs \69 `v� _�•L /� � :. "' �� 1 LOVE �R r G = e ji 1111— ',.--_ ..... . ip _ R / C E 1 4107..1,0 i 0A44 & /LAKE 3 G� USE ?e016 ( NE 1 —� a_ i i 1 i A2 • 4 r 411 r . . , - - o■ CITY OF SHAKOPEE I I Freeman/Brambilla CUP April 6 , 1988 ' Page 2 ' REFERRAL AGENCIES Building Department No adverse comments . ' Public Safety See Attachment #1 Engineering See Attachment #2 MnDOT Because the proposed use is not expanding existing facilities, MnDOT does not require additional permits. BACKGROUND On October 16, 1978, the City Council approved a conditional use permit on the subject property for a used car sales lot. On March 7, 1983 , the Council reassigned the conditional use permit ' to another operator for retail sales of used cars. On November 22, 1978, the City issued a sign permit for two free standing 32 square foot signs and a 64 square foot wall sign. ' ANALYSIS The applicant is proposing to use the subject site for the out- door display of landscape products such as potted plants and trees moved onto the site from another location. The applicant also intends to use the existing building on the site as the office location to handle sales. Existing Conditions ' Existing on site is a woodframe and concrete block structure measuring approximately 23 feet wide by 26 feet in depth. The rear of the building is used as storage space and the front por- tion of the building is the main area for conducting retail sales. The existing 8 foot fence surrounding the building and gravel parking area was constructed in 1986 (permit was granted) . Currently, the site has two driveway accesses onto TH 212 . Proposed Use ' There are no specific conditions for outdoor display of merchan- dise in the ordinance; however, the standards for conditional uses listed in Section 20-232 remain applicable. Two employees ' will be using the existing building. The proposed display area is concentrated on the east and west sides of the existing building occupying an area of approximately 25 feet in depth by 60 feet. Display areas should maintain the 25 foot front setback. , II Freeman/Brambilla CUP April 6, 1988 Page 3 Traffic The site currently has two driveways . Staff recommends that the westerly access be closed and parking spaces and traffic cir- culation be defined on site. Given the increase in traffic volumes on TH 212 and the low intensity of the use, the site can function adequately with one access. This will also help to eli- minate confusion for through traffic when turning vehicles attempt to enter the site. Railroad ties or concrete curbs can be used to identify parking spaces . This condition is based on Section 20-232( 8 ) . Holding Tank The property owner has indicated that a holding tank was installed in 1978 . The facility has been used at various times in the past ten years. The property owner indicated that the tank had been pumped once. The holding tank should be pumped on a regular basis and a copy of the pumper contract should be pro- vided to the city. Given that the tank is only ten years old, the tank is probably still in good condition. Because only two employees will occupy the site, there should be relatively little sewage demand. Screening The existing wood fence serves as a good screen of the activity from abutting properties and passing traffic . The building is also maintained in good condition. I Signage Although the applicant was granted a sign permit in 1978, the signs located on the property and approved by the 1978 permit are void. Therefore, the sign requirements based on the current zoning apply. The Zoning Ordinance permits one wall sign and one free standing pylon sign. The wall sign cannot exceed 15% of the wall area in which it is placed and cannot exceed 80 square feet. The pylon sign cannot exceed 64 square feet. The appropriate sign permits should be obtained prior to occupancy. Fuel Storage Tanks ' Currently, there are two empty fuel storage tanks located behind the existing building which were used to heat the building. The Fire Inspector has determined that the condition of the tanks is not acceptable. The applicant or property owner will be respon- sible for meeting any fire code requirements as to location and maintenance. II 1 ' Freeman/Brambilla CUP April 6 , 1988 Page 4 ' Future Use The Planning Commission and City Council should be aware that the ' applicant has potential plans of expanding the facility to construct a greenhouse (Attachment #3 ) . Staff advised the appli- cant that construction of a greenhouse was going beyond the intent of "outdoor display of merchandise for sale" as listed in the BF District. Construction of a greenhouse is in essence creating a retail nursery use. Staff advised the applicant to process a zoning ordinance amendment if extention plans were to ' be pursued. At that time, the City would also require more detailed grading and building plans for the construction of the greenhouse given the grade of the property and the existence of ' trees in the area proposed for the greenhouse. Staff did not require a detailed grading and site plan typical with new construction given the existence of the building, gravel parking lot and approved fence. The Planning Commission and City Council may wish to provide some preliminary direction to the applicant as to whether or not a nursery use would be appropriate in the Business Fringe District. Summary ' The proposed use is such that it meets the general standards prescribed for conditional uses in Section 20-232 . With proper resolution of the access issue on site, and given the small intensity of the proposed use, staff finds that issuance of a ' conditional use permit for outdoor display of merchandise at this location is appropriate. ' RECOMMENDATION Planning staff recommends the Planning Commission adopt the following motion: "The Planning Commission recommends approval of Conditional Use Permit Request #88-4 as shown on the site plan stamped "Received March 16 , 1988" , for outdoor display of merchandise, specifi- cally, landscape products, on property located at 608 Flying Cloud Drive and subject to the following conditions: ' 1 . Compliance with fire code as to the use and location of the fuel storage tanks . 2 . The appropriate sign permits must be obtained prior to occu- pancy. ' 3 . Display areas shall not encroach on the 25 foot front set- back. ' 4 . The applicant shall provide the City with the proper septic tank pumping contracts once every three years starting on the effective date of this conditional use permit. F Freeman/Brambilla CUP II April 6 , 1988 Page 5 , 5. The site shall maintain the easterly driveway access onto State Highway 212 only. ' PLANNING COMMISSION ACTION The Planning Commission recommended approval of Conditional Use 1 Permit #88-4 subject to the four conditions recommended by staff and changing condition #5 and adding #6 : 5 . The applicant shall prepare with the city staff an appropriate driveway access plan. 6 . Display of merchandise is restricted to the area indicated on the site plan stamped "Received March 16, 1988" . The display area is limited within the area designated by the fence and TH 212. Erhart was opposed because of the amount of traffic and high speeds along TH 212. He felt that the proposal was creating an unsafe situation ( see attached minutes ) . STAFF UPDATE At the Planning Commission meeting, staff changed its recommen- dation regarding the closure of the westerly driveway. The City Attorney advised that because the driveway had previously been established and because there is no documentation proving an unsafe situation, the city could not recommend closure of the westerly driveway entrance. Instead, it was recommended that a "one way in" and "one way out" pattern be created. The Planning Commission accepted this approach and included a condition ( #5) which would permit staff, MnDOT, and applicant the ability to determine which access would be appropriate as the one way in or out. The Council recommendation is based on the Planning Commission' s action. CITY COUNCIL RECOMMENDATION It is recommended that the City Council approve Conditional Use Permit Request #88-4 as shown on the site plan stamped "Received March 16 , 1988" , for outdoor display of merchandise, specifi- cally, landscape products, on property located at 608 Flying Cloud Drive and subject to the following conditions : 1 . Compliance with fire code as to the use and location of the , fuel storage tanks . 2 . The appropriate sign permits must be obtained prior to occu- pancy. 3 . Display areas shall not encroach on the 25 foot front setback. ' II ' Freeman/Brambilla CUP April 6 , 1988 Page 6 4 . The applicant shall provide the City with the proper septic tank pumping contracts once every three years starting on the ' effective date of this conditional use permit. 5 . The applicant shall prepare with the city staff an ' appropriate driveway access plan. 6 . Display of merchandise is restricted to the area indicated on the site plan stamped "Received March 16 , 1988" . The display area is limited within the area designated by the fence and TH 212 . ' ATTACHMENTS 1. Memo from Larry Brown dated April 1 , 1988 . ' 2 . Site Plan stamped "Received March 16, 1988" . 3 . Future site plan stamped "Received March 18, 1988" . 4 . Memo from Steve Madden dated March 31, 1988 . 5 . Conditional use permit dated June 1, 1984 . ' 6 . Conditional use permit dated October 16 , 1978 . 7 . Detailed location map. 8 . Application. ' 9 . Section 20-232 . 10 . Planning Commission minutes dated April 6 , 1988 . 1 . , 1 CITY OF ,. 1 �I k N i , 1 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 _�` '' (612) 937-1900 — , MEMORANDUM I TO: Planning Commission FROM: Larry Brown, Staff Engineer ,, ) I DATE: March 31, 1988 SUBJ: Conditional Use Permit for Landscape Products located at 1 608 Flying Cloud Drive Planning File 88-4 CUP, Brambilla II This site is located at 608 Flying Cloud Drive and is comprised of a small sales office and a gravel parking lot with 2 driveway II accesses to State Trunk Highway 169/212 (refer to Attachment #1) . Sanitary Sewer 1 Municipal sanitary sewer is not available to the site. The applicant has indicated that a holding tank exists on site and is IIin working condition. As per Section 19-82 of the Chanhassen City Code, the applicant shall provide the City with the proper pumping contracts to verify proper maintenance of the system once every 3 year period. 1 Watermain Municipal water service is not available to the site. There- 1 fore on-site sources will have to be developed by the applicant. Access 1 The site maintains two existing driveways onto State Highway 212 (refer to Attachment No. 1) . The Minnesota Department of II Transportation has stated that the conditional use permit will not intensify the volume of traffic flow and therefore they will support the two separate driveway accesses onto 212; however , II they said wherever possible, these driveway accesses should be minimized. As per Section 20-232, paragraph 8 of the Zoning Ordinance, the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use per- II mits only if it finds that such use at the proposed location will have vehicular approaches to the property which do not create traffic congestion or interfere with the traffic or surrounding 1 II Planning Commission ' March 31, 1988 Page 2 ' public thoroughfares. By closing the westerly access which now exists onto 212, the number of traffic conflict points is greatly ' reduced. In addition, a greater distance will be provided for a vehicle making a right-hand turning movement from the site and heading ' southbound on State Highway 169 . Recommended Conditions ' 1. The applicant shall provide the City with the proper septic tank pumping contracts once every three years starting on the effective date of this conditional use permit. ' 2 . The site shall maintain the easterly driveway access onto State Highway 212 only. I 1 ../' • OM I= • • MI 1111 MN — • MI OM • MN MI • MIN INII • , N THE ' Y ' 5-1013 i I 1 . i l I : I 1 I illiri f , I I I. , 3-4‘IACT i ...... 4n. 1 i 1,-,-2., _........ / E 'I, I E 11 C E. 1 i 1 1 1 1 1 DISPLAY ./118EA , it ur)PLAY pREA 1 P 1/4,10 LE5 CA ' --- ...... ... , 1 1 •,. 1 4 • ...___ ........... .• I PA RK1N6 AREA 5 LIG T , kjifikcbc` . t v1/4,47 # . 1 DRIVEWAY DR.tvEwKi ,:, l< 1 *I- . _________ _ I 7 1_t I- ...._ ___ _ .. _ __ , ‘,.1 I!" • ..., I C C [I— C 04 .!--1 NI,. 1 .... ,. . .. . i,...,, i , I ..„ , i . Nb: . , _ ., ....._, . 1 ______ I .._. ..,..._ vr, , .z. I ! T-- ..._.<*7:). I's ! • ....,., 1 , ?.... _ . . 1,..•.... H is-..,,,, 1 1 , ! r --1 -- - ,, I l'n i rr,I- I 1-.; -------- - ,„... I 1 1 lz.....i i , , • I . , ..„,... , 1:... _ 1-; J7 1 fr it, R1 ic il I fi Ii r -- „I - I .., t I I 77: I-, .., . , , I . ,\ , I ,. 1,-----'-- IP\r "I i ;\; r • ICf.,\ 1 Z. I I; 5 1-- --. cr-- rn • i r1 --‹ i •,, n, , V\ I'; I!i .. .--_ • 1 ; 1 in - , I •ii' I M>IC/f/ae/It/7'-*3 ' , 1 CITY OF CHANHASSEN I j 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 , MEMORANDUM TO: Barbara Dacy, City Planner FROM: Steve Madden, Fire Inspector DATE: March 31, 1988 SUBJ: Brambilla Building , I reviewed the site and have some concerns about the fuel ' storage tanks . I recommend that the tanks be removed from the site. If the tanks are needed on the site, please have the owner apply to the Pollution Control Agency for a permit to install underground tanks . Compliance with the above will meet the requirements of Chanhassen City Ordinance and the Uniform Fire Code, Ordinance 62 , Sec. 4 . 01 and Ordinance 62-A. If you have any questions, please ask me. ' "t"--7/40,1Not/All 1 CITY OF CHANHASSEN CONDITIONAL USE PERMIT TRI-Y AUTO SALES/DUANE M. FARRELL ' WHEREAS, application has been made by Duane M. Farrell on behalf of Tri-Y Auto Sales for the transfer of a conditional use permit to re-establish a used car dealership upon a tract of land within the City of Chanhassen commonly known as 609 Flying Cloud Drive and legally described on Exhibit A attached hereto and made a part hereof; and WHEREAS, the subject property is zoned C-3, Service Commercial District; and ' WHEREAS, the outdoor display of merchandise for retail sale is permitted on lands zoned C-3 only upon issuance of a con- ditional use permit as provided in Chanhassen Ordinance 47-C; and WHEREAS, §23 .05 of the Chanhassen Zoning Ordinance authorizes the City Council to impose conditions and require guarantees ' upon the granting of a conditional use permit to insure compliance and to protect adjacent properties; and WHEREAS , the City has issued a conditional use permit for ' the operation of a used car sales lot on the aforementioned property. ' NOW, THEREFORE, said conditional use permit is hereby trans- ferred to the applicant herein to maintain an outdoor display of motor vehicles for retail sales , subject to the following terms and conditions , all of which shall be strictly complied with as ' being necessary for the protection of the public interest : 1 . Permit Not Assignable . This permit is personal to said t applicant, and shall not be assigned without written consent of the City. ' 2. Description of Property. The premises subject to the within conditional use permit are as described in Exhibit A attached hereto and made a part hereof; and the within con- ditional use permit shall apply to the entire property. 3 . Outside Storage of Motor Vehicles . The outdoor storage or display of motor vehicles shall be subject to the following ' conditions : a. Said outdoor storage and display shall be limited to motor vehicles offered for sale. b . No outdoor storage , display or parking of vehicles offered for sale shall be permitted within the ' southerly 25 feet of the subject property. -1- - 5- c . Said outdoor storage or display of motor vehicles offered for sale shall be limited to a maximum of ' thirty ( 30 ) such vehicles at any time on the subject property . 4 . Outside Storage Prohibited. With the exception of trash ' facilities and with the exception of motor vehicle parking , no equipment or other personal property shall be stored or displayed outside of the subject building . Trash facilities shall be screened from view from U.S. Highways No. 212 and 169 . 5 . No Outside Work. No work or repairs shall be performed on any vehicle while the vehicle is standing in a parking area; and no work or repairs shall be performed on any vehicle while stand- ing outside of the building on the subject property. 6 . Customer Parking. Customer g. parking shall be limited to the area immediately in front of the existing sales building; and said area shall be clearly designated as the customer parking area. 7. Lighting Plan . No string lighting shall be permitted. All illuminaries shall be directed onto the subject property and away from U.S. Highways No. 212%and 169 . 8 . Noise. Noise emanating from the activities conducted on the premises shall be within the standards adopted in the Chanhassen Zoning Ordinance. No public address or other audio paging system which emits noise in excess of said standards shall be utilized on the subject property. 9 . Public Welfare . The establishment , maintenance and opera- tion of the use shall not be detrimental to, nor endanger the public health, safety, comfort or general welfare. 10 . Nuisance. The proposed use shall not be injurious to the use and enjoyment of other property, nor diminish nor impair pro- perty values in the immediate vicinity. 11 . Other Regulations . The applicant shall comply with all ' City Ordinances , state laws , and regulations of state agencies and departments . 12 . No Changes in Use Permitted. The outdoor display use of the above described premises shall be limited to display of motor vehicles offered for sale , and no changes in the use shall occur except as may be permitted by an amended conditional use permit. 13 . Proof of Title . Upon request, the applicant shall fur- nish the City with evidence satisfactory to the City that is has acquired a possessory interest in the subject property. -2- 14. Permit Subject to Review. The City reserves the right to review the within conditional use permit at any time to determine compliance with all conditions of the permit; and conditions may be added to the permit at any time if deemed necessary and in the public interest by the City following notice of public hearing and following public hearing thereon. If the City determines that the applicant has not strictly complied with the terms of the permit, the permit may be terminated at the option of the City. All City ' expenses incurred in the enforcement of the within permit shall be the obligation of the applicant, and may be recovered by the City as a special assessment against the within described premises . Issued this 1247 day of drig. , 19 CITY OF C ANHASSI ` ' By / �` Scott A. Martin , Zoning Administrator 1 _ 1 ACCEPTANCE • ' The undersigned applicant and occupier of the above premises hereby accepts the terms and conditions of the permit herein ' granted, and agrees to be bound by the terms thereof. Signed this day of _ , 19 TRI-Y AUTO SALES By Duane M. Farrell , Owner ' -3- 1 EXHIBIT "A" That part of Government Lots 3 and 4, Section 36, ' Township 116, Range 23, described as follows : Commencing at the West Quarter corner of said section; thence South along an extension of the West line of said Government Lot 4, a distance of 14 .65 feet; thence Northeasterly deflecting to the left 106°21 '30" a distance of 1327 . 05 feet to the actual point of beginning of the tract of land to be described; thence continuing northeasterly along last described course 170. 35 feet; thence Northwesterly deflecting to the left 89°15 ' a distance of 50 feet to a point marked by a Judic Landmark; thence continuing Northwesterly along last described course a distance of 473 .2 feet to a point marked by Judicial Landmark; thence North- westerly deflecting to the left 63°38 ' a distance of 40 feet to a point marked by Judicial Landmark; thence Southwesterly deflecting to the left 25°30 ' a distance of 146 feet to a point marked by a Judicial Landmark; thence Southeasterly 545 .52 feet to the actual point of beginning, a point being marked on the last described course by a Judicial Landmark, distant 50 feet North- westerly of actual point of beginning. i 1 1 1 I 5A1 k CITY OF CHANHASSEN CONDITIONAL USE PERMIT BRAMBILLA'S, INC. WHEREAS, application has been made by Jack R. Brambilla ' on behalf of Brambilla' s, Inc . , for a conditional use permit to establish a used car dealership upon a tract of land within the City of Chanhassen commonly known as 609 Flying Cloud Drive and legally described on Exhibit A attached hereto and made a part hereof; and ' WHEREAS , the subject property is zoned C-3, Service Com- mercial District; and WHEREAS, the outdoor display of merchandise for retail sale ' is permitted on lands zoned C-3 only upon issuance of a conditional use permit as provided in Chanhassen Ordinance 47-C; and ' WHEREAS, a public hearing was held by the City Planning Commission on September 27, 1978, to consider public comment on the issuance of the within conditional use permit; and WHEREAS, the City Planning Commission has given considera- tion to the application and has recommended the grant of a conditional use permit upon certain conditions; and ' WHEREAS, the City Council has given due consideration to said application and the foregoing recommendations and has determined ' that in the grant of the within conditional use permit, the standards of §23 . 06, as amended, of the Chanhassen Zoning Ordinance have been met; and WHEREAS, §23 . 05 of the Chanhassen Zoning Ordinance authorizes the City Council to impose conditions and require guarantees upon the granting of a conditional use permit to insure compliance and to protect adjacent properties; NOW, THEREFORE, a conditional use permit is hereby granted ' to the applicant herein to maintain an outdoor display of motor vehicles for retail sales, subject to the following terms and condi- tions, all of which shall be strictly complied with as being necessary for the protection of the public interest: 1. Permit Not Assignable . This permit is personal to said applicant, and shall not be assigned without written consent of the ' City. 2 . Description of Property. The premises subject to the within conditional use permit are as described in Exhibit A attached hereto ' and made a part hereof; and the within conditional use permit shall apply to the entire property. -1- • II 3. Outside Storage of Motor Vehicles. The outdoor storage or display of motor vehicles shall be subject to the following conditions: II a. Said outdoor storage or display shall be limited to motor vehicles offered for sale. b. No outdoor storage, display or parking of vehicles offered for sale shall be permitted within the southerly 25 feet of the subject property. c. Said outdoor storage as display of motor vehicles offered for sale shall be limited to a maximum of thirty (30) such vehicles at any time on the subject property. 4. Outside Storage Prohibited. With the exception of trash ' facilities and with the exception of motor vehicle parking, no equip- ment or other personal property shall be stored or displayed outside of the subject building. Trash facilities shall be screened from view from U.S. Highways No. 212 and 169 . 5 . No Outside Work. No work or repairs shall be performed on any vehicle while the vehicle is standing in a parking area; and no work or repairs shall be performed on any vehicle while standing out- side of the building on the subject property. 6 . Customer Parking. Customer parking shall be limited to the area immediately in front of the existing sales building; and said area shall be clearly designated as the customer parking area. 7. Removal of Pump Islands . Applicant agrees to remove the pump islands presently located on the subject property, to the satis- faction and approval of the City, on or before the opening of the used II car dealership to the public. 8. Lighting Plan. Applicant agrees to prepare and submit to the City a lighting plan which shall include the location and candle- power of all exterior illuminaries . No string lighting shall be per- mitted. All illuminaries shall be directed onto the subject property and away from U.S. Highways No. 212 and 169 . 9 . Noise. Noise emanating from the activities conducted on the premises shall be within the standards adopted in the Chanhassen Zoning II Ordinance. No public address or other audio paging system which emits noise in excess of said standards shall be utilized on the subject property. i 10 . Public Welfare. The establishment, maintenance and opera- tion of the use shall not be detrimental to, nor endanger the public health, safety, comfort or general welfare. ' 11 . Nuisance. The proposed use shall not be injurious to the use and enjoyment of other property, nor diminish nor impair property values in the immediate vicinity. -2- 1 I ' l ' 12 . Other Regulations. The applicant shall comply with all City Ordinances, state laws, and regulations of state agencies and departments . 13 . No Changes in Use Permitted. The outdoor display use of the above-described premises shall be limited to display of motor vehicles offered for sale, and no changes in the use shall occur ' except as may be permitted by an amended conditional use permit. 14 . Proof of Title. Upon request, the applicant shall furnish the City with evidence satisfactory to the City that it has acquired a possessory interest in the subject property. 15. Permit Subject to Review. The City reserves the right to review the within conditional use permit at any time to determine com- pliance with all conditions of the permit; and conditions may be added to the permit at any time if deemed necessary and in the public ' interest by the City following notice of public hearing and following public hearing thereon. If the City determines that the applicant has not strictly complied with the terms of the permit, the permit may be terminated at the option of the City. All City expenses ' incurred in the enforcement of the within permit shall be the obliga- tion of the applicant, and may be recovered by the City as a special assessment against the within described premises . ' 16 . Expiration of Permit and Mandatory Review. The term of the within conditional use permit shall be twelve (12) months, commencing on , provided, however, that said permit shall be subject to the review of the City Council in the eleventh (11th) month thereof. In the absolute and sole discretion of the City Council, said permit may be renewed for successive terms of ' twelve (12) months each. 17 . Reimbursement of Costs. The applicant shall reimburse the ' City for all costs, including reasonable legal and administrative expenses, incurred by the City in connection with all matters relating to the administration and enforcement of the within permit, and the performance thereof by the applicant. Adopted this 16th day of October , 1978 ' CITY OF C ASSEN By ' ATTEST: 1 Mayor // I JO / j / City Clerk/Manager ' -3- 1 r ( '( (i0.- . ' II ACCEPTANCE The undersigned applicant and occupier of the above pre- I mises hereby accepts the terms and conditions of the permit herein granted, and agrees to be bound by the terms thereof. Signed this II/,a-4 day of 1-71.A....1 , 197 y . BRAMBILW S �INC . ��� By f c^t4%P--x,✓i, cZ. I Jack . Brambilla, Its'-President I STATE OF MINNESOTA ) ss. ICOUNTY OF CARVER ) On this day of , 197 , before me, a notary public within and for said County, personally appeared Walter Hobbs and II Donald W. Ashworth, to me personally known, who, being by me duly sworn, did say that they are the Mayor and the City Manager, respectively, of the City of Chanhassen, a Minnesota municipal corporation, that the il seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was executed in behalf of said municipal corporation by authority of its City Council, and that said Walter Hobbs and Donald W. Ashworth acknowledged said instrument to be 1 the free act and deed of said corporation. Notary Public II STATE OF MINNESOTA ) II ss . COUNTY OF CARVER ) On this aX= day of 124,,a..41.-- , 197 7 , before me, a 11 notary public within and for said County, personally appeared Jack R. Brambilla, to me personally known, who, being by me duly sworn, did II say that he is the President of Brambilla ' s, Inc . , a Minnesota corpora- tion, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was executed in behalf of said corporation by authority of its Board of Directors, and II that said Jack R. Brambilla acknowledged said instrument to be the free act and deed of said corporation. n�/ fr- -...a.-, KAREN J. ENGELHARDT Cytary P blic 41 .. NOTARY PUBLIC-MINNESOTA =`t CARVER COUNTY WS., My commsssinr.1...,Aces Oct.11,nes I -4- I I C EXHIBIT "A" 1 ' That part of Government Lots 3 and 4, Section 36, Township 116, Range 23, described as follows : Commencing at the West Quarter corner of said section; thence South along an extension of the West line of said Government Lot 4, a distance of 14 .65 feet; thence Northeasterly deflecting to the left 106°21 '30" a distance of 1327. 05 feet to the actual point of beginning of the tract of land to be described; thence continuing northeasterly along last described course ' 170.35 feet; thence Northwesterly deflecting to the left 89°15 ' a distance of 50 feet to a point marked by a Judic Landmark; thence continuing Northwesterly along last described course a distance of 473 .2 feet to a point marked by Judicial Landmark; thence North- westerly deflecting to the left 63°38 ' a distance of 40 feet to a point marked by Judicial Landmark; thence Southwesterly deflecting to the left 25°30 ' a distance of 146 feet to a point marked by a Judicial Landmark; thence Southeasterly 545 .52 feet to the actual point ' of beginning, a point being marked on the last described course by a Judicial Landmark, distant 50 feet North- westerly of actual point of beginning. 1 i . - 1-030 1 - • - Ito 30.0 . s 129.0 .. ‘,c.,..,,,,5) ! ._a‘.5 i t)NiPt-mr- I .145 ,it; i r0 \,p,V(OYC Pk .• i 1 . 905 15; ... 29 • 'E. I i I . o ''.. 228.53 til 6 1 587°11.45"E i r.. 60 i 5 cc a z- i 1 ! I i ;sr o ti, 3 I 2 , • I .+ v ' • -0-3 pi , • , . • 0 30 I Ckl?' '' ' . vs • ! 4\1\ 11 I ! '5( 1 #-. ' • la) ' MAYNARD C. H■PPE ! 0 s BK 93,P 464 cp; - , i.. , -- I-___--1 . ____ , .„ i B. BURSHEK i # '. .1.-'-- rs. i K 64,P 398 • VERNO H. TEICH 8 , P 486 ‘;‘x 1# ....„.„-- .- R. MASON -- --- 1 rt,it, P 384 -CD „...- 4.,,) .. - f,r•-/ . . . . ------ „- 1-...--- ii-i.2.0\-- to 17 , A \ 'f-' 1 .-6-- E L.. SEVERSON , ,- ,..- - - -. .-- . -- --- 174, P 386 -- - - \ _-ii-'-"- . - r._rs1/4-GO, .„-OA\`',---- . 40 ,' .- . ‘5 51:14. f• 0 103- '50 • If .t. WI' P\*. II, (I,/ 4.1'.." .5‘• • V:..." .- .- -- -- _...-- . ' A• i. __-- _ ‘ -- .-." __.....----.—,----- ,'... ..' GO IV, ---. 96 7 Z.r.. , i --- 3.1 0 ...- \ 0 \° cll 9 tr, 1 c-, .... ' --- •:k‘,'*' -Ai\ 1., , 9 1. 0 ' o '"1. ■ 1 --t ‘55,g AS1 . "6 .. .... 1, .- .- .. ..--1 V ,l.i el, ,, ---1 \-\\A° o ,- • - ----1-- is ".7- - - .-; -- ..., Ottifi ...... „,...... -, • w„,..---.. __-- .... . , . , )1 TEICH I 4>,*\ . ,to 51 • tp..? 1 ,..... A -0 .-- .----0-,.....6() -- '\ .. _ -- 1 _--- 2.0 e• --tk\t1 1 - •---' 1 :2: 0 .p. -"' --- 11 . 08 _....,i'P _. 4- ‘-',„ -KILI .--.-4` ..":2A.-:-.---- d Nst-t' * 5‘' A 6 0 , --' t:" 0 04 11 v.. Ncr5A' . '0.0"...-......... ....... ...ft.., , --- 1,90_04-cat5 Eva ft 01, 800.r ....., . .......... ........„ . 425.9„A, Ges.iii, .....,,,,01, ..... . . , vsil ...,,,.....2.0 .. 51' ,4""' .- / Eli .• • EMI Mil all EM NMI ' am LAND DEVELOPMENT APPLICATION I CITY OF CHANHASSEN 690 Coulter Drive Chanhassen, MN 55317 (612) 937-1900 >APPLICANT: �.,��/9 A//s,S- - RCE71 I' OWNER: de7iij/!' I ADDRESS 5-9 40 /1//7- C,vM P)� DDRESS /r 37 gvEik / h lat b531.5" (c)Z4 . //// g `37 Zip Code ., / / Zip Code I TELEPHONE (Daytime ) 4 f 66 7( TELEPHONE -S ?/ / REQUEST: c[/( IZoning District Change Planned Unit Development I Zoning Appeal Plan Preliminary Plan Zoning Variance Final Plan IZoning Text Amendment Subdivision , Land Use Plan Amendment Platting I i'" Conditional Use Permit Metes and Bounds Street/Easement Vacation ' Site Plan Review Wetlands Permit PROJECT NAME IPRESENT LAND USE PLAN DESIGNATION `� I.11kf 1 Ut._;_` r) ,- REQUESTED LAND USE PLAN DESIGNATION Jam)-- A,f PRESENT ZONING ° A , '"' I, .-,` i` .>! t _.F,- N I REQUESTED ZONING S:' . ' X USES PROPOSED LA N p SC/\ PI D Ec1 iv 7 �I- LES ISIZE OF PROPERTY A Hg-- x ) MATE I-Y �;OCATION r at,(/� / oil/ � I REASONS FOR THIS REQUEST 4 I r r LEGAL DESCRIPTION (Attach legal if necessary) Alli,,Lt<AJZZA I Itk 7/W City of Chanhassen Land Development Application Page 2 I FILING INSTRUCTIONS : This application must be completed in full and be I typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions . Before I filing this application , you should confer with the City Planner to determine the specific ordinance and procedural requirements applicable to your application . I FILING CERTIFICATION: The undersigned representative of the applicant hereby certifi I he is familiar with the procedural requirements of all es applicable City Ordinances . I Signed By R, / �k 21 c,�, ,:r)7 lti"'ter-`1� 16 /1 I Date ` Applicant . II The undersigned hereby certifies that the applicant has been II authorized to make this application for the property herein described . II X / . .---% ii Signed By 1'L!� � l„� y ,.(,,AV,-.41L(1,(_, �&} Date 3 I6 Hi Fee Owner , 1 <. ....- :-*..Q....,,C f Date Application Received . a I Application Fee Paid /Q�, � � City Receipt No. 5/5�� II 1 * This Application will be considered by the Planning Commission/ Board of Adjustments and Appeals at their I meeting . 1 1 1 • § 20-222 CHANHASSEN CITY CODE Secs. 20-222-20-230. Reserved. -I:- I DIVISION 2. CONDITIONAL USE PERMITS I Sec. 20-231. Application,public hearing,notice and procedure. The application,public hearing,public notice and procedure requirements for conditional -- use permits shall be the same as those for amendments as provided in article II, division 2. except that the permit shall be issued on the affirmative vote of a majority of the entire council. Although specific submissions required to complete an application for a conditional II use permit may vary with the specific use and the district in which it is located, all applica• tions for such permits must include at minimum a site plan that clearly illustrates the following: proposed land,use building mapping and functions, circulation and parking areas. planting areas and treatment, sign locations and type, basic lighting concerns. the relation. ship of the proposed project to neighboring uses, environmental impacts and demand for municipal services. (Ord. No. 80, Art. III, § 2(3-2-2), 12-15-86) ISec. 20-232. General issuance s ante standards. The planning commission shall recommend a conditional use permit and the council sli,:l 11: issue such conditional use permits only if it finds that such use at the proposed location (1) Will not be detrimental to or endanger the public health,safety,comfort, convenience - Il or general welfare of the neighborhood or the city. (2) Will be consistent with the objectives of the city's comprehensive plan anti tins chapter. (3) Will be designed, constructed, operated and maintained so to be compatible in up- pearance 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. II (5) Will be served adequately by essential public facilities and services, including street;, 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 detrimental 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 Ior interfere with traffic or surrounding public thoroughfares. j - 1170 ATilirilkairrj :-,.. F . __ _ . , - = ZONING § 20-235 =={ z7.4. (9) Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. t: (10) Will be aesthetically compatible with the area. , (11) Will not depreciate surrounding property values. • a (12) Will meet standards prescribed for certain uses as provided in this article. (Ord. No. 80, Art. III, § 2(3-2-3), 12-15-86) " Sec. 20-233. Conditions imposable on permits. • . (a) In reviewing applications for conditional use permits, the planning commission and '- the council may attach reasonable conditions to mitigate anticipated adverse impacts associ- ated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the comprehensive plan. Such conditions may include, but are not limited to,the following: (1) Controlling the number, area, bulk, height and location of such uses. tX (2) Regulating ingress and egress to the property and the proposed structures thereon with particular reference to vehicle and pedestrian safety and convenience, traffic \ flow and control and access in case of fire or other catastrophe. (3) Regulating off-street parking and loading areas where required. !it_ _. (4) Utilities with reference to location availability and compatability. € rn = .. ,is < (5) Berming,fencing,screening,landscaping or other facilities to protect nearby property. m a (6) Compatability of appearance. 1 .�., ? t (b) In determining conditions, special considerations shall be given to protecting immedi- ately adjacent properties from objectionable views,noise,traffic and other negative character- istics associated with such uses. (Ord. No. 80,Art. III, § 2(3-2-4), 12-15-86) Sec. 20-234. Denial for noncompliance. If the council denies a conditional use permit, it shall state findings as to the ways in which the proposed use does not comply with the standards required by this chapter. (Ord. No. 80,Art. III, § 2(3-2-5), 12-15-86) -- Sec. 20-235. Permits not personal. A conditional use permit shall be issued for a particular use and not for a particular I person. (Ord. No. 80,Art. III, § 2(3-2-6), 12-15-86) 1171 Planning Commission Meeting II 1!7 April 6, 1988 - Page 36 II6. The developer shall make every effort in it ' s pond design to improve the wetland and make the wetland an attractive, useful wildlife Ihabitat. All voted in favor except Batzli who opposed and motion carried . IIBatzli : Is staff going to have the Fish and Wildlife come back ac out? IIEmmings: If you want to amend the motion, if you want to make that . Conrad: Would you like me to add that staff bring the Fish and Wildlife? 1 Emmings : Or get an opinion from them. Maybe they don' t have to come back out. I Wildermuth : I don ' t think DNR or Fish and Wildlife can do much with a wetland that small . IConrad : I 'm comfortable that they don ' t need to be invited . Emmings: Brian, do you want to state your reasons for your vote? li: Batzli : I guess I 'd prefer that we invite somebody out that actually knows what they' re doing to take a look at what we' re proposing . II CONDITIONAL USE PERMIT FOR OUTDOOR DISPLAY OF MERCHANDISE FOR SALE, I SPECIFICALLY LANDSCAPE PRODUCTS ON PROPERTY ZONED BF, BUSINESS FRINGE DISTRICT AND LOCATED AT 608 FLYING CLOUD DRIVE, JAMES FREEMAN AND BRAMBILLA' S INC. IBarbara Dacy and Larry Brown presented the staff report on this item. II Emmings: Has the applicant been asked if he'd be willing to go along with closing off one those? Brown: The applicant , we received word that the applicant was IIdissatisfied with closing off one of the accesses . I Jack Brambilla : In regards to your little diagram there , you brought up the question about the speed going by there. If you back up to the east about 100 yards , there ' s a warning light there that will come on when the IL traffic light when you go to the left there is lit red. That warning light will slow traffic down if the traffic light is for stopping . It' s a little problem corner there. I don ' t think the cars are going no 55 mph there . People do slow down. I . Planning Commission Meeting April 6 , 1988 - Page 38 i AL , Erhart : Only the traffic that turns to the left here has to slow down. I All the traffic going to Chaska can go right on through. Jack Brambilla : There is a right hand lane that ' s been widened . The II State come in there and purchased some property from me to widened that lane to give it two extra lanes going straight ahead. Erhart: This is actually a three lane road . II Jack Brambilla : That' s right . Right at that point. Erhart: You've got more than two more conflicts there than you've shown. When people go to Chaska . . . Jack Brambilla : I ' ve owned the property and there' s never been an II accident in front of my property from going into on that property yet. Heaven forbid . Erhart : It hasn ' t been open for use. II Emmings: We' re not going to have arguments between members of the II Commission. You go ahead and make your points and then Tim you go ahead and make yours . 0- 1. N.1 Jack Brambilla : Other than that , the only thing was on the removal of II the driveway. I have talked with the State, they had talked to me about that. I do not want to give up a driveway entrance either on or off at that point. It would really be a dilemma for the property to lose a driveway. What we' re using with a 25 foot setback, if the people have to II come in one driveway, make a turn inside and go back out, that' s ridiculous . Brown: Mr . Brambilla , does that mean that you are in full agreement with II the one entrance marked in and the one entrance marked exit? Jack Brambilla : If it worked properly. It has not been tried . I wanted II it to work properly. I would be in agreement to the two driveways , one in and one out because that is the way that normal people would be entering that piece of property. II Batzli moved , Ellson seconded to close the public hearing. All voted in II favor and motion carried. The public hearing was closed . Headla : After the clarification on the fuel storage tanks , the letter II said the condition of the tanks is not acceptable. Then a condition is compliance with the Fire Code as to the use and location of the fuel storage tank. I don ' t know what all that means yet . I t Dacy: The intent is, compliance with the Fire Code as to the use means that he has to come in and receive a permit . That means he' s going to have to either buy new tanks and conform with whatever the Fire Code II says . I think it' s fairly clear that the existing tanks are rusted . . . 1 1 , Planning Commission Meeting April 6, 1988 - Page 39 It's"' ' Headla : Alright, that' s the way. The existing tanks are unacceptable? Okay, that' s fine. ' Dacy: If you wanted to clean up condition 1 there. Headla: I wasn' t really sure what it was . I kind of got hung up on the letter . Then is expansion a problem? If he ever wanted to do any ' expansion at this site? Dacy: That was one of the issues from staff ' s standpoint because outdoor ' display of merchandise for sale means exactly that and we felt that the applicant had indicated to us that they wanted to put up a greenhouse. We felt that that was going a step beyond the intent of that use. A ' nursery, wholesale or retail is not a permitted or a conditional use in that district so we wanted to put the Planning Commission on notice that that ' s what the applicant is thinking of and they would have to process another zoning ordinance amendment if that were to be considered . ' Headla : He' s well aware of that? ' Dacy: Yes . Headla : I 'm going to let Tim address the road . He' s got a much better Mi feel for that. Batzli : I was going to talk about traffic but I think that ' s going to be covered. I did have a question on why the appropriate sign permits must ' be obtained prior to occupancy. Why wouldn ' t that be prior to their installation? Why are you requiring them to get sign permits prior? ' Dacy: Maybe that was a poor choice of words on my part. Yes , we need a sign permit before they put up a sign. That was the intent. Wildermuth : I don' t have anything . Batzli : So you feel comfortable changing the "occupancy" to "installation"? 1 Dacy: Yes . Batzli : My other question was regarding the pumper contract . You ' ve lessen the condition that' s in the Section 1982. I think what I would like to do is that I 'd like to amend it eventually to read , the applicant shall comply with all applicable codes , provide the City with the proper ' septic tank pumping contracts at least once every 3 years to make it read as Section 1982 actually reads. That ' s it . ' Elison: I can' t see a reason necessarily to deny it because we have it zoned business fringe like that . It does meet the requirements . I don ' t like the fact that this area is zoned that way but I think it' s a terribly dangerous area but I would probably approve just because of the ' way we've got it written and the fact that he' s certainly giving us a condition that ' s been approved . 1 Planning Commission Meeting 9 April 6 , 1988 - Page 40 Conrad: No comments. ' Erhart : With all respect Mr . Brambilla , if I owned that piece of property I 'd be doing the same thing but I think we' re into a bigger picture problem here and Barb and I have been doing a little research on this whole business fringe district down there. You've got a situation where you have a 2-lane in many places , 3-lane and 4-lane highway that II goes for miles in the agricultural area, it ' s zoned agricultural in Eden Prairie and agricultural in Chanhassen and then again agricultural as you get farther west out to before you get into Chaska. It ' s also downhill II all the way from Eden Prairie all the way down and the result is you get really high speeds there. It's nothing to see 65 and 70. Maybe right at the corner but down that hill and the fact is , with the growing population of Chaska and Shakopee, the racetrack and everything and the rush hour traffic, you get 20, 000 cars a day coming by there. By making this a BF district we've encouraged business should go in this area yet we simply haven' t provided the safety standards to go along with it. II It' s like putting Pryzmus on a freeway and having a left turn through the median . If we' re going to make a business district out of this , then I think we ought to have provisions and plans in there for service roads. There' s no other place where you'd ever have 65 mph traffic directly accessing onto businesses. I think we' re just nuts and I don' t know where MnDot' s thinking is on this thing . We are encouraging businesses %. at this intersection. I buy gas frequently down there at the SA station II and I think it ' s an extremely dangerous situation . We' re adding to it. It ' s going to get worse. We ' re going to have more because there ' s potential for other businesses down there . Right now, Barb and I looked II it up and I think we determined that everyone except one or two is non- conforming even as the BF district is written . I guess I 'm working on a letter to the Commission here to have them really review it. I ' ve I already asked once and I feel that we should look at it conjunction with the Comp Plan. I think it' s real dangerous . I don ' t know what to do about this situation. We have to look at this thing in a very serious manner. I ' ll vote against not because, I think you do meet our zoning ordinance but I think it ' s a definite safety problem. Emmings: I don' t have anything to add. I think Tim' s comments are well taken. I think it' s dangerous to the point of being foolish but I don' t think that' s a reason that we can deny this . A motion was made at this point with the following discussion. ' Emmings: Did you want to limit it to the west driveway being the exit and the easterly driveway being the entrance? ' Batzli : That would be my recommendation but I suppose the Highway Department and Larry have something to say about that as well . I wouldn' t want to limit them to that. I think that may be the best plan right now but if the consensus is that they want to see something like that, I 'd be open for a friendly amendment certainly. Planning Commission Meeting April 6, 1988 - Page 41 ' Conrad : Was there discussion under future use , and I apologize for not being here, but was there discussion as to providing the applicant with a feeling of whether we thought a nursery was appropriate in the future? ' Did we address that? Emmings : No . Barbara talked about it . Dacy: I had anticipated on putting the BF district issue for discussion on the next agenda on April 20th . Maybe it would be appropriate to advise the applicant at this time that since the Commission is wanted to ' look at that in more detail , that we can start that study so to speak, within the next couple of weeks and provide direction back to the applicant at a later time so the Commission can take a broader approach ' to the whole district. Conrad : That makes a lot of sense but I guess it makes a whole lot of sense right now that we do that but if this motion passes tonight, I ' think the signal is saying that you meet the ordinance but we have great concerns for how that area of Chanhassen is being developed. We ' re not saying that in the future we will be as open to expansion . We may be but ' right now we can' t give you that signal . Jack Brambilla : I had one question . This property we' re talking is about 2 1/2 acres in size. I am after a permit for the whole 2 1/2 1r acres , not just the front so the useage of the property out in back for storing of plants for sale, everything should be, and we' re talking the whole acreage of the parcel , not just the front. Am I correct? Did you ' understand that also? Dacy: Then we may have a gross misunderstanding because I thought I made ' it clear that that site plan has to show what you want to do on the property. Jack Brambilla : Barbara , the rest of the property right now has trees ' and Mr . Tykus has been farming up in the back side and if my renter wants to put a product up there in bowls , the tree bowls, it should be that we can use the property that way that we ' re talking about. Not just ' restricting it to the front 50 feet . Dacy: I 'm at a loss Mr . Brambilla because that ' s what was represented . ' I sat down with your wife. I sat down with Mr. Freeman. What' s shown on the plan is what the Planning Commission has to look at . Jack Brambilla: The main part of the business is out front. If I can ' t ' get a greenhouse application , I have to make application for a greenhouse but you mean to say he can' t put a tree on the other side of the fence? Dacy: That was not made clear to me as a part of the application. Just for the Commission's input, I sat down with Mr. Freeman who is going to be operating the outdoor sale and I said , show me what you ' re going to be `-� doing on this site. He said, I just want the display area up in front. 1 Planning Commission Meeting April 6 , 1988 - Page 42 Jack Brambilla : That' s mainly what we are after but we still have 2 better than 2 acres of land. Emmings: Let me ask you a question here. Is the applicant supposed to II submit a site plan which shows the entire property and which parts of it is going to be used? Dacy: Yes . ' Emmings : That' s a requirement isn' t it? Dacy: He submits a site plan showing what will be occurring on the property. Emmings : And is this the site plan that they submitted? Dacy: Yes . Emmings : And it doesn ' t show the back part of the property? Dacy: Right. ' Emmings : Would you like us to table this so you can submit a new site plan? Jack Brambilla : No , not tonight . Emmings: Because if you get any approval tonight it ' s just going to be for the front part of the property. Jack Brambilla : Then we should change the site plan because it says on there 171 feet back. Emmings : But it doesn ' t show that area and it doesn ' t show your intended use of that property and that was not laid out to staff . I 'm suggesting to you that maybe you'd rather have us table this . Jack Brambilla: Today what I 'm looking at is trying to get a renter in II there and get this property working . It has been vacant for a long time. I just want to know here, are we going to have a lot of restrictions if we do want to use the rest of the property going up? Emmings: I don' t know. See, we' ve got a problem here. These things are assessed by staff and then brought to us for our comments . Now, because you' re bringing it up now at the 11th hour here, staff doesn' t have any II opportunity to assess what you ' re doing there . You should have made that clear to them when you brought in your application. Jack Brambilla : He did put the footage on there but I .understand your ' point. Emmings : You' re required to have a drawing of the property showing the entire property's intended use showing what you intend to do with it . Planning Commission Meeting April 6, 1988 - Page 43 ' Jack Brambilla : We did send a copy of the Exhibit A which is the whole plot is listed there. Emmings : That' s not a site plan . Jack Brambilla : I guess we have to go with what we had initially on the site plan. ' Dacy: As represented in Attachment #2 is what you will be basing your approval on. Batzli moved, Ellson seconded that the Planning Commission recommend approval of Conditional Use Permit Request #88-4 as shown on the site plan stamped "Received March 16 , 1988" for outdoor display of merchandise, specifically landscape products, on property located at 608 Flying Cloud Drive and subject to the following conditions : 1. Compliance with fire code as to the use and location of the fuel storage tanks . 2. The appropriate sign permits must be obtained prior to installation. 3. Display areas shall not encroach on the 25 foot front setback. ■ 4. The applicant shall comply with all applicable sewer and sewage disposal code and provide the City with the proper septic tank ' pumping contracts once every three years starting on the effective date of this conditional use permit. 5. The applicant shall prepare with the city staff an appropriate driveway access plan. 6 . Display of merchandise is restricted to the area indicated on the site plan stamped "Received March 16 , 1988" . The display area is limited within the area designated by the fence and TH 212. ' All voted in favor except Erhart who opposed and motion carried . Erhart: I 'm opposed for the reasons stated . Emmings: Traffic considerations? Erhart : Safety. PUBLIC HEARING: ZONING ORDINANCE AMENDMENT TO AMEND SECTION 20-263 (6 & 7) OF THE RECREATIONAL BEACHLOT ORDINANCE TO AMEND THE LOT DEPTH REQUIREMENT FOR A DOCK AND THE ONE CANOE RACK/DOCK REQUIREMENT, ROBERT PIERCE.