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E-7. Auto Repair Garage: Extend AgreementCITY OF 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.2271110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Iu 1 Did [a] :7:6`11 ILLI TO: Todd Gerhardt, City Manager FROM: Sharmeen Al -Jaff, Senior Planner DATE: July 14, 2014 SUBJ: Extending an Agreement to Allow an Auto Repair Garage on Property Zoned PUD, Located Northeast of Highway 5 and Southwest of the Intersection of Kerber Boulevard and Picha Drive (Lot 1, Block 1, West One Addition) RECOMMENDATION "The City Council approves extending an agreement to allow an auto repair garage on property zoned PUD and located on Lot 1, Block 1, West One Addition." City Council approval requires a simple majority of City Council present. Mr. Doug Hansen, the owner of a building located on Lot 1, Block 1, West One Addition, wishes to continue leasing out a space within the building to an Auto Repair Garage. E-7 Recreation Center The subject site is located northeast of Highway 5 and southwest of the intersection of 2310 Coulter Boulevard Kerber Boulevard and Picha Drive. The parcel has an area of 2.2 acres and is Phone: 952.227.1400 occupied by a light industrial building. The building has an area of 36,289 square Fax: 952.227.1404 feet. Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us Chanhassen is a Community for Lite -Providing for Today and Planning for Tomorrow Todd Gerhardt, City Manager July 14, 2014 Page 2 of 2 The site is zoned Planned Unit Development (PUD) and the requested use of Auto Repair Garage is not permitted on the property. Staff made the following recommendation which was approved by the City Council on May 24, 2010: The owner of the property stated that they had an auto repair Garage as a lessee in the building which made it a legal non - conforming use. To resolve this conflict, staff recommended the City enter into an agreement with Mr. Hanson limiting the use of any Auto Repair Garage to no more than five years. Such use shall terminate on or before May 23, 2015, with the following conditions: • Outdoor storage is prohibited including the storage of parts and material. • No more than one car awaiting repair maybe parked outdoors overnight. • The standards for Light Manufacturing set forth in the PUD Agreement that encompasses the Subject Property shall apply. The City Council approved a five -year lease which will terminate on May 23, 2015. The applicant wishes to extend the agreement an additional five years to terminate on June 30, 2020. Staff has not received any complaints during the time the business has operated out of the site. Staff recommends the City Council adopt the following motion: "The City Council approves extending an agreement to allow an auto repair garage on property zoned PUD and located on Lot 1, Block 1, West One Addition." ATTACHMENTS 1. Agreement. 2. Letter from Mr. Doug Hansen dated June 19, 2014. 3. West One Addition PUD Agreement. g9pIm \sj\hansen agreement\hansen agreement mtension.doe AGREEMENT AGREEMENT made this day of July, 2014, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ( "City ") and DOUGLAS M. HANSEN, individually and as Trustee of the Douglas M. Hansen Revocable Trust Agreement Dated June 19, 2001, and his wife, BEVERLY J. HANSEN ( "Owner "). RECITALS A. Owner is the fee owner of certain property in the City of Chanhassen, Minnesota with a street address of 7900 Kerber Boulevard, legally described as follows: Lot 1, Block 1, West One Addition, Carver County, Minnesota hereinafter the "Subject Property". B. The Subject Property is zoned PUD. Repair garages are not an allowed use of the Subject Property. C. Owner believes that the Subject Property has been used for the maintenance, servicing and repair of motor vehicles ( "Repair Garage ") and that the non- conforming use has the legal right to continue. D. The City believes that the Repair Garage is not a legal non - conforming use. E. The Parties desire to amicably resolve and settle their differences and avoid the cost of litigation. F. This Agreement supersedes and replaces the Agreement between the parties dated May 24, 2010. 15187101 RNK:05 /20/2010 NOW, THEREFORE, the parties agree as follows: 1. REPAIR GARAGE. The Subject Property may be used as a Repair Garage subject to the terms of this Agreement. 2. CONDITIONS FOR CONTINUED USE. The Subject Property may be used for a Repair Garage subject to the following conditions: • Outdoor storage is prohibited including the storage of parts and material. • No more than one car awaiting repair may be parked outdoors overnight. • The standards for Light Manufacturing set forth in the PUD Agreement that encompasses the Subject Property shall apply. 3. TERMINATION OF NON - CONFORMING USE. The use of the Subject Property for a Repair Garage must terminate on or before June 30, 2020. If the use of the Subject Property as a Repair Garage is discontinued for one year prior to that date it shall not be resumed. 4. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the Parties, their successors and assigns, and subsequent purchasers of the Subject Property. 5. RECORDING. This Agreement shall run with the land and may be recorded against the title to the Subject Property. 6. BINDING AFFECT. This Agreement is binding upon the parties, their successors, heirs, and assigns. CITY OF CHANHASSEN L.", (CITY SEAL) AND: STATE OF MINNESOTA ) (ss. COUNTY OF CARVER ) Thomas A. Furlong, Mayor Todd Gerhardt, City Manager /Clerk The foregoing instrument was acknowledged before me this day of , 2014, by Thomas A. Furlong and by Todd Gerhardt, the Mayor and City Manager /Clerk of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC 151R71v01 RNK:05 /20/2010 OWNER: Douglas M. Hansen Beverly J. Hansen STATE OF MINNESOTA ) (ss. COUNTY OF The foregoing instrument was acknowledged before me this day of 12014, by Douglas M. Hansen and Beverly J. Hansen, husband and wife. DRAFTED BY: Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve, Suite #317 Eagan, Minnesota 55121 Telephone: (612) 452 -5000 15187101 RNK:05 /20/2010 To: Todd Gerhardt City of Chanhassen From: Doug Hansen Westone Properties 11969 North Shore Dr. Spicer, MN 56288 320 - 796 -2643 Doug 612 - 369 -1909 Steve June 19, 2014 CITY RECEIVED SEN JUN 2 b 2014 CHANHASSEN PLANNING DE" Regarding: S & S Auto and Truck Repair at 7914 Kerber Boulevard May 24, 2010 there was an agreement made between the City of Chanhassen and Douglas and Beverly Hansen, owners of Westone Properties. This agreement allowed a nonconforming repair garage to remain as a tenant in the building. The tenant has complied with the conditions set down in the agreement. We respectfully request permission to allow the S &S Auto and Truck Repair to renew the lease at this location. The owner of S &S Auto, Steve terSteeg, wishes to extend his lease. The owner has been an impeccable tenant and has kept everything extremely neat and clean. He manages the parking and there have been no parking concerns. He provides a valuable service to the citizens of Chanhassen. He has clients from the Hopkins area that followed him when he moved from Hopkins to this location. He has made a large infrastructure investment in this location, so he desires to remain. Steve lives right here in Chanhassen. We are requesting the city council to grant an extension of five years on the lease to June 30, 2020. Thank you for your consideration.e` AGREEMENT AGREEMENT made thisr244;1 day of May, 2010, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ('City ") and DOUGLAS M. HANSEN and BEVERLY J. HANSEN, husband and wife ('Owner"). RECITALS A. Owner is the fee owner of certain properly in the City of Chanhassen, Minnesota with a street address of 7900 Kerber Boulevard, legally described as follows: Lot 1, Block 1, West One Addition, Carver County, Minnesota hereinafter the "Subject Property'. B. The Subject Property is zoned PUD. Repair garages are not an allowed use of the Subject Property. C. Owner believes that the Subject Property has been used for the maintenance, servicing and repair of motor vehicles VRepair Garage's and that the non. conforming use -has the legal right to continue. D. The City believes that the Repair Garage is not a legal non - conforming use. E. The Parties desire to amicably resolve and settle their differences and avoid the cost of litigation. NOW, THEREFORE, the parties agree as follows: 1. REPAIR GARAGE. The Subject Property may be used as a Repair Garage subject to the terms of this Agreement. 151871x01 RM05=010 2. CONDITIONS FOR CONTINUED USE. The Subject Property may be used for a Repair Garage subject to the following conditions: • Outdoor storage is prohibited including the storage of parts and material. • No more than one car awaiting repair may be parked outdoors overnight. • The standards for Light Manufacturing set forth in the PUD Agreement that encompasses the Subject Property shall apply. 3. TERMINATION OF NON - CONFORMING USE. The use of the Subject Property for a Repair Garage must terminate on or before May 23, 2015. If the use of the Subject Property as a Repair Garage is discontinued for one year prior to that date it shall not be resumed. . 4. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the Parties, their successors and assigns, and subsequent purchasers of the Subject Property. S. RECORDING. This Agreement shall run with the land and may be recorded against the title to the Subject Property. 6. BINDING AFFECT. This Agreement is binding upon the parties, their successors, heirs, and assigns. CITY OF CHANHASSEN (CITY-SEAL) T ANDerhardt, City Manager /Clerk STATE OF MINNESOTA ) (ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this Ak_ day of 2010, by Thomas A. Furlong and by Todd Gerhardt, the Mayor and ' Manager /Clerk of the City of Chanhassen, a Minnesota municipal corporation, on beha f the corporation and pursuant to the authority granted by its City Council. 151871v01 RNK:05202010 2 [a KAREN J. ENGEMROT Notary PubflaMMeeota t u .. :� BeverlY JdRaKden STATE OF MINNESOTA ) COUNTYOF &WK �.ss. he foregoing instrument was acknowledged before me this Z 2010, by Douglas M. Hansen and Beverly J. Han n, husband and wife. DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve, Suite #317 Eagan; Minnesota 55121 Telephone: (612) 452 -5000 RNK:sm 15197101 RNK:osnOrzoro r NEE DRF,ISSIOER NOTAPYPS?61�,r?���TA M'gA!!��pM.mtt r PLANNED UNIT DEVELOPMENT AGREEMENT AGREEMENT dated this 28th day of June, 1993, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ( "City ") and WEST ONE PROPERTIES, a Minnesota general partnership ( "Developer "). 1. REQUEST FOR APPROVAL. The Developer has asked the City to rezone the land encompassed in the WEST ONE ADDITION ( "subject property ") to planned unit development ( "PUD "). 2. CITY APPROVAL. The City hereby grants PUD approval subject to the terms of this Agreement. 3. PURPOSE. The purpose of this zone is to create a PUD that will allow the expansion of an existing office /light manufacturing use. It is intended that this use be operated and maintained to preserve its low intensity character to ensure its compatibility with surrounding uses and the greater Chanhassen Central Business District. 4. PERMITTED USES. Permitted uses are limited to the following: ♦ Light Manufacturing ♦ Retail ♦ Newspaper and Small Printing Offices ♦ Veterinary Clinic ♦ Animal Hospital ♦ Offices 5. STANDARDS. A. Light manufacturing is subject to the following limitations: ♦ no visible emissions of smoke ♦ no noise emissions exceeding the MPCA standards measured at the property line ♦ no outdoor, unscreened storage of materials, trash storage, shipping pallets except for recycling materials 11628 CHANMEST ONE ADD. 01/20/94 ♦ no overnight parking of semi - trailers or inoperable vehicles ♦ all parking must be accommodated on -site in a concealed location behind the building. B. Retail uses are subject to the following limitations: ♦ signage consistent with approved sign package ♦ retail uses must be consistent with the site's restricted parking. 6. BG ZONING. Except as specifically provided herein, the subject property is subject to the requirements of the BG, General Business District, zoning district as may be amended. 7. EFFECT OF PLANNED UNIT DEVELOPMENT APPROVAL. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan or official controls shall apply to or affect the use, development, density, lot size, lot layout or dedications of the development unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Agreement. 8. COMPLIANCE WITH LAWS AND REGULATIONS. The Developer represents to the City that the proposed development complies with all applicable City, County, Metropolitan, State, and Federal laws and regulations, including but not limited to planned unit development ordinance, subdivision ordinances, zoning ordinances, and environmental regulations. The Developer agrees to comply with such laws and regulations. 9. ENFORCEMENT. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including reasonable engineering and attorney's fees. The Developer shall pay in full all bills submitted to it by the City within sixty (60) days after 77628 CHANMEST ONE ADD. 01/20194 2 receipt. If the bills are not paid on time, the City may halt all development work until the bills are paid in full. Bills not paid within sixty (60) days shall be subject to an eight percent (8 %) per annum interest charge. 10. MISCELLANEOUS. A. Breach of any material term of this Agreement by the Developer shall be grounds for denial of building permits. B. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Planned Unit Development Agreement is for any reason held invalid as a result of a challenge brought by the Developer, its agents or assigns, the City may, at its option, declare the entire Agreement null and void and approval of the final planned unit development shall thereby be revoked. C. The action or inaction of any party shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties, and approved by written resolution of the City Council. Any party's failure to promptly take legal action to enforce this Agreement after expiration of time in which the work is to be completed shall not be a waiver or release. D. This Agreement shall run with the land and shall be recorded in the Carver County Recorder's office. interest. E. This Agreement shall be liberally construed to protect the public's F. This Agreement shall be binding upon the parties, their heirs, successors, or assigns, as the case may be. 11628 CHAN:WEST ONE ADD. 01120/94 3 G. The Developer represents to the City that the Planned Unit Development is not of "metropolitan significance" and that a state environmental impact statement is not required. However, if the City or another governmental entity or agency determines that a federal or state impact statement or any other review, permit, or approval is required, the Developer shall prepare or obtain it at its own expense. The Developer shall reimburse the City for all expenses, including staff time and reasonable attorney's fees, that the City incurs in assisting in preparation. CITY OF CHANHASSEN (SEAL) AND r Don Ashworth, City Manager WEST ONE PROPERTIES q �i BY: Douglas M. ansen, general partner 1 AND I _1 Rybert 'O. Ny,bn, general partner STATE OF MINNESOTA 1 ( ss. COUNTY OF CARVER 1 The foregoing instrument was acknowledged before me this /%1A day of 1994, by Donald J. Chmiel and by Don Ashworth, the Mayor and City Manager the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. +� l�KAREN J. ENGELNAK t) NTAR DL °UO W NE507A 0 I(" RigiY i 16 1997 1 11628 CHANMEST ONE ADD. 01/20/94 4 STATE OF MINNESOTA ) /� ( ss. COUNTY OF ttiLc,i ) The foregoing instrument was acknowledged before me this A7t-'�4 day of c 1994, by Douglas M. Hansen and by Robert 0. Nyen, general partners of West ne Prop ies, a Minnesota general partnership, on behalf of the partnership. DRAFTED BY: Campbell, Knutson, Scott & Fuchs, P.A. 317 Eagandale Office Center 1360 Corporate Center Curve Eagan, Minnesota 55121 (612) 452 -5000 RNK:srn 11628 01/20/84 t lam/✓ N TAR UB KAREN) E GFLkAKT NOVR) �� sLiL ^��•i dESOTa CAF�ERCO!,NTP asoo r,o'cs ear 19. 1997 5 CHANMEST ONE ADD.