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9. SW Auto Brokers - Request for CUP CITY OF ClIA1aaSS11 September 17, 1997 q _"....,'"--__it:'r October 13, 1997 974 CUP . '., [' . '<;' ':1>';";':;:"," :. :,. ,,: ,,'. ~, ,.', ,.;., '.. .... .. , STAFF REPORT PROPOSAL: Request for a conditional use pennit to operate an auto sales establishment on propeny zoned EringeBusiness District, BF,andsite plan review for an auto sales establishment, Southwest Auto Brokers. - " [ ) j LOCATION: South ofHwy. 169/212 and east ofHwy. J01l169 .. APPLICANT: James Olson 9636 Woodridge Dr. Eden Prairie, MN 55344 942~9295 Larry Hopfenspirger 7300 France Avenue South, #'219-A Edina. MN 5543$ 835..2177 f PRESENT ZONING: Fringe Business District, UF ACREAGE: 0.53 acres INTENSITY: F.A.R. 0.06 ADJACENT ZONING AND LAND USE: N.. BF, Used Car1Lot, Metal Storage Building/Offices . S .. A2, Minnesota River floQd plain, wetlands E.. A2, Motel W.. BF, vacant site, Highway 1011169 ( - ~ J WATER AND SEWER: Unavail~ble, site is served by well and septic system PHYSICAL CHARACTER.: The site is an abandoned SuperAmenca site with ramp type connection to Highway 1691212. - - ) 2000 LAND USE PLAN: Residential Large l.-ot and Parks and Open Space Southwest Auto Sales September 17. 1997 Page 2 PR9pO$P~l The applicant is propOsing the remodeling and .~il)~()fth~siteto ~se tbe~ and existing building as a auton'1Obilesalet; lot. 1'he~ 1lSt~acondi.~Ul.eperm.it. In addition. since the property no longer haslegaInon..cQnf~ status,tbe'applicant is proceeding throUgh the site plan reView ptoee$sin whichthe'$iteis'beh1g'6mullUint() conipliance with ' existing city standards. specifically the provision of landscaping in vehicular use areas. Automobile sales must comPly With sectiotiZo..291oftheCbanbassen. City Code: The following applies to truck, automobile orboa.t sates: (1) No vehicles which are. unlicensed and'~t1()perati\1esball~ .~. on the premises. (2) All repair. assemble, disassembly or inaiIltenattce ofvehicIes shall occur with a ~losed building except minor maintenance. including, but not limited to.un=intlation. adding oil and wiper replacement. (3) No outside storage Qt display is allowed, except vehicles 'fot sale or tent, (4) No public address system:sbalI be audible ..fton1 aBy.residential ptopetty. (5) Parking'setback shall be applicable for cat'andtt\1ck storage or.waiti1'li areas, (6) No test drlvingofvehiclesonloca1 residential streets is a!Iowed. (7) A landscape buffer onh~ (tOO)feettrom anyresii:lential zoning district. (8) All vehi~le ~~haU be licensed by thesJa;te. , Staff is recon1n1endingapptoval of the conditionalusepern1it and site plan for Southwest Auto Brokers at 615 Flying Cloud Drive subject to the condiuol1SQOntained in the staffreport. BACKGROUND On October 28, 1996, the Chanhassen CityCoWlcil determined that the property W3!l zoned Fringe Business District, BF, in response to an,appeal ofaila<1minismui\1edeci$ion regarding the ZQningof the property. In May. 1993, a petrnit was issued for the removal of the gas ~ tanks on the site. On August 9, 198$, theCbaoh~enCity C()~il~~.~nditional~ pennit(#SS..12)for an 80 square foot pylon sign for Super America. 615 FiyfilgClolldDrive. on property zoned A2, Agricultural EstatenDistriQt. r;i,/~j:, ~",-!i:';~ _, , ~X;,;'&~:',', ;_,;::;.,",;'~,~ c,,_, ;,~~:~tii';':~~.;. ' Southwest Auto Sales September 17, 1997 Page 3 LANDSCAPING The applicant has submitted a landscaping plan with six trees and a grouping of shrubs around the perimeter of parking lot. Required landscaping for the site includes 5 trees and 1300 square feet of landscape area. The applicant meets the minimum requirements. Since the proposed tree species are not named by the applicant, staff recommends overstory species from the City's Approved Tree list be used. Shrubs shall also be chosen from the city's list. SIGNAGE Proposed signage for the development must comply with City Ordinance requirements. Motion and flashing signs and temporary signs and banners, stringers, and pennants are specifically prohibited. A separate sign permit shall be required for all signage to be installed on site. SITE GRADING Minimal grading is anticipated in reconstructing the parking lot for curbs and green areas. Erosion control fence will need to be installed in the southeast and southwest comers of the parking lot to minimize erosion off site. UTILITIES Municipal sewer and water service is not available to the site. The site has a functional septic system and well. The property owner will be required to supply the City pumping and maintenance records every two years to ensure the system is functioning properly. DRAINAGE /WETLANDS The existing drainage from this site flows south to the west and east comers of the site. There is also a small swale of landscape rock, that also directs drainage to these comers. At the east and west comers the concrete is shaped into a small open culvert that directs water to larger, natural swales beyond the tree line. Currently these concrete openings are blocked by trash and other debris, which cause silt and mud deposits to form in the parking lot. These natural swales are sloped to the south and drain into wetlands which lead to Rice Lake, a natural wetland within the Bluff Creek Watershed District. Rice Lake then flows into the Minnesota River. All runoff from the site drains directly to the wetlands south of the property with no established water treatment or buffer zones. This area has a history of illegal dumping and just beyond the property line is an illegal dump site with tires, appliances, and other trash. Currently, the site has Southwest Auto Sales September 17, 1997 Page 4 four vehicles for sale as well as various auto parts and building materials scattered in the parking lot and yard. Although this area is highly impacted by businesses not complying with the City's SWMP policies, it is the ultimate goal of the City to require the same water quality standards in this area as in the rest of the City. By introducing used automobiles to this site, the proposed business would increase the amount of contaminates such as oil, antifreeze and phosphorus to the runoff. It is because of this that staff recommends a sediment trap to treat runoff and protect the adjacent wetland areas. However, there are several well monitors in place on this property, as well as limited space for grading. Therefore, it is staffs recommendation that the applicant establish a buffer zone along the south side of the property, restore the rock swale along the south side, re-establish the curb drainage swales, and place rip rap at the outlet points to provide silt protection. The existing site sheet drains to the southeast and southwest comers of the parking lot where drainage swales convey the runoff to the wetland/river. The plans propose to maintain the existing drainage pattern. Reducing the parking lot (impervious surface) size would also reduce the amount of runoff. PARKING LOT The existing accesses are approximately 50 feet wide. Both accesses should be reduced to 30 feet wide and the turnaround tabs at each end of the parking lot should be reduced 5 feet in length. They are proposing 10 feet currently. The Minnesota Department of Transportation (MnDOT) has jurisdiction with regards to work performed in the right-of-way (Trunk Highway 1 69/Flying Cloud Drive). The applicant shall apply and obtain the necessary permit for construction in Trunk Highway 169 right-of-way. New concrete curbs are proposed along the north, east and west sides of the parking lot. A bituminous overlay of the entire parking lot will most likely be required to maintain drainage and match proposed curbs. MISCELLANEOUS A new individual sewage treatment system (ISTS) was reviewed, approved by the City and installed in 1984. The building would have been classified as a B-2 occupancy at the time Chanhassen adopted the Minnesota State Building Code. ISTS. An ISTS inspection was done on 7/7/97 by a private, licensed inspector and a compliance report was subsequently issued. Staff independently verified the results of the report, and agree the ISTS is in compliance with current codes and is adequate to serve the proposed new occupancy. City files contain no proof of septic tank pumping or inspections. Pumping and/or inspection is Southwest Auto Sales September 17, ] 997 Page 5 required every two years, and documentation is required to be provided to the City. Additionally, ties (measurements form components of the ISTS to existing, permanent structures) were never supplied to the City. Building code compliance. The building will be classified as a B occupancy under the current building code. This does not represent a change in occupancy from its previous use. Consequently, there are no requirements for upgrading the building to current codes. Work regulated by the building code which may be done on the building will require permits and must comply with current codes. A maximum of 20% of the cost of such work must be used to provide an accessible route for the disabled. Accessible parking. The plans show the accessible parking space incorrectly on sheet A-3. An eight foot wide space with an eight foot wide access aisle is required. In addition, there are building code and state statute requirements for handicapped signage and building code requirements for access aisle signage. CONDITIONAL USE FINDINGS When approving a conditional use permit, the City must determine the capability of a proposed development with existing and proposed uses. The general issuance standards of the conditional use Section 20-232, include the following 12 items: ]. Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. Finding: The proposed use should not endanger the public health, safety, comfort or convenience of the general public. 2. Will be consistent with the objectives of the city's comprehensive plan and this chapter. Finding: While the Comprehensive Plan guides this property for large lot residential or parks and open space uses, the City must provide a reasonable use of the property based on the existing zoning of the property and the property owner's investment backed expectations. This site, at approximately Yz acre, is too small for the uses listed as permitted uses in the BF district leaving seven possible conditional uses for the property. Based on the existing conditions of the site, the use of the property for automobile sales is a reasonable use of the parcel. Use of this parcel for commercial activity is consistent with the City's policy of providing a mixture of development and also consistent with the policy of protection of the Minnesota River Valley. Southwest Auto Sales September 17, 1997 Page 6 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. Finding: The proposed use of the property is compatible with the character of the area. An unimproved car lot exists across the highway. The proposed landscaping improvements and repainting of the building will enhance the site compared to existing conditions. 4. Will not be hazardous or disturbing to existing or planned neighboring uses. Finding: The proposed use will not be hazardous or disturbing to existing or planned neighboring uses. 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. Finding: The site is served by a private well and septic system. Automobile dealerships, being a destination retail use, should not negatively impact the street system. 6. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. Finding: The proposed use will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. The use of the site will improve the city's economic welfare as opposed to leaving the site vacant or blighted. 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. Finding: The proposed use should not negatively impact nor be detrimental to surrounding uses or persons. 8. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. Finding: The proposed use should not negatively impact the roadway system. Southwest Auto Sales September 1 7, 1997 Page 7 9. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. Finding: The proposed use 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. Finding: The proposed use of the property is compatible with the character of the area. An unimproved car lot exists across the highway. The proposed landscaping improvements and repainting of the building will enhance the site compared to existing conditions. 11. Will not depreciate surrounding property values. Finding: The proposed use will not depreciate surrounding property values. 12. Will meet standards prescribed for certain uses as provided in this article. Finding: The proposed use will bring the site into compliance with city landscaping requirements and must comply with section 20-291 of the city code. SITE PLAN FINDINGS In evaluating a site plan and building plan, the city shall consider the development's compliance with the following: (l) Consistency with the elements and objectives of the city's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted; (2) Consistency with this division; (3) Preservation of the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of the neighboring developed or developing or developing areas; (4) Creation ofa harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development; Southwest Auto Sales September 17, 1997 Page 8 (5) Creation of functional and harmonious design for structures and site features, with special attention to the following: a. An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants, visitors and general community; b. The amount and location of open space and landscaping; c. Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses; and d. Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. (6) Protection of adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. Finding: The proposed site plan will enhance the appearance of the site and improve the aesthetics of the area. PLANNING COMMISSION UPDATE The Planning Commission held a public hearing on September 17, 1997 to review the proposed development. The Planning Commission voted unanimously to recommend approval of the development subject to the conditions of the staff report. RECOMMENDATION Staff recommends that the City Council adopt the following motion: "The City Council approves Conditional Use Permit #97-4 and Site Plan #97-13 for Southwest Auto Brokers at 615 Flying Cloud Drive, plans prepared by Curiskis Architects, Inc., dated 7/21/97, subject to the following conditions: Southwest Auto Sales September 17, 1997 Page 9 1. The applicant shall comply with section 20-291 of the city code. 2. The applicant shall enter into a site plan agreement with the city and provide the necessary security as required by the agreement. 3. The applicant shall install site landscaping as shown on Landscape plan prepared by Curiskis Architects, Inc. dated 8/14/97. 4. Overstory species from the City's Approved Tree list be used. Shrubs shall also be chosen from the city's list. 5. Revise site plans as follows: Narrow both driveway accesses onto Trunk Highway 169 to 30 feet wide. Reduce turnaround tabs 5 feet at each end of the parking lot. Add erosion control silt fence at the southwest and southeast comers ofthe parking lot approximately 10 feet from each comer. 6. The applicant and/or property owner shall supply the City's Building Official with maintenance and pumping records of the septic system every two years. 7. The applicant shall be responsible for obtaining and complying with any and all permits from MnDOT for construction within Trunk Highway 169 right-of-way. The applicant shall comply with the conditions in the letter from Scott Peters to Robert Generous dated September 8, 1997. 8. The applicant shall restore the drainage pattern to previous conditions. This work includes re-grading and restoring the rock swale on the south edge of the property, remove trash obstructions from comer drainage points and construct rip rap swale from parking lot to natural ditch. 9. The applicant shall agree to establish a wetland buffer zone along the south property line. In creating the Buffer zone the applicant will agree to allow natural vegetation to grow, agree to keep all business, storage and maintenance activities out of the buffer area. Wetland buffer areas shall be identified in accordance with the City's wetland ordinance. 10. Provide proof of septic tank pumping by a licensed pumper to the City. This must be done before the building is occupied. 11. Provide ties for the septic tanks, pump tank and distribution box. This must be done before the building is occupied. Southwest Auto Sales September 17, 1997 Page 10 12. Revise the proposed site plan to provide the correct accessible parking. This should be done before council approval. 13. A separate sign permit shall be required for all signage to be installed on site." A TT ACHMENTS 1. Development Review Application 2. Memo from Juris Curiskis to Lany Hopfenspirger dated 8/14/97 3. City Council Minutes of October 28, 1996, pages 11 and 12 4. Memo from Mark Littfin to Robert Generous dated 8/27/97 5. Public Hearing Notice and Mailing List 6. Sheets A-O through A-8 prepared by Curiskis Architects, Inc. 7. Letter from Scott Peters to Robert Generous dated September 8, 1997 8. Planning Commission Minutes of 9/17/97 CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION ~PL1CANT:~<"S 8r'So;J !u)DRESS: C;65~ t1.;/)()vA;;J5( /).{/ M-rl n~ (- /7l /1 .sS-"? '-/ V rElEPHONE (Daytime) 7if:;" 5'./sJ::- ~76 -/Cc.)Z- OWNER: I..Ih1A~j flcfJ!~YJ c:.: f''VC-) iv- ADDRESS: 7 r'c' () ~P-Y"'{..~ ~ /. ;../v-., [1, llf - .4- TELEPHONE: to Il - rr g <;- - ;)1 7 7 _ Comprehensive Plan Amendment _ Temporary Sales Permit / V Conditional Use Permit ~I I Vacation of ROW/Easements '/;-00 - - Jnterim Use Permit - Variance _ Non-conforming Use Permit - Wetland Alteration Permit _ Planned Unit Development. _ Zoning Appeal _ Rezoning _ Zoning Ordinance Amendment _ Sign Permits / _ Sign PJan Review \./ Notification Sign l~~'''\/:<I , ., , . / --1L'Site Plan Review. .;~/ lr J --1L Escrow for Filing Fees/Attorney Cost.. " , .~~O ($50 CUP/SPRlVACNARlWAP/Metes and Bounds, $400 Minor SUB) - Subdivision" TOTAL FEE $ ~/r/ I DO A list of all property owners within 500 feet of the boundaries of the property must be included with the application. Building material samples must be submitted with site plan reviews. ""Twenty-six full size folded copies of the plans must be submitted, including an 8%" X 11" reduced copy of transparency for each plan sheet. - Escrow will be required for other applications through the development contract 'JOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME ~r#a/6J lOCAT'ON &/5- ~/Y/4'7 ('~vtt/IJ , LEGAL DESCRIPTION ;;;..~- 0 "3 b :J?C) () · .)-7 /J-ctt ~ ~;v /Iv! /-0 JA-- .z...cc..>~ t',i S {!~An /;A-~..s<:....1 S ("c.-;- 3 & T CA,/ f /I j.. /"l vv V'-I f<11Y\5C 0')-] TOTAl ACREAGE ~ .r 7 YES ---4 NO &F --b-' PRESENT lAND USE DESIGNATION ope/' REQUESTED LAND USE DESIGNATION "qr- REASON FOR THIS REQUEST Us -(l) C tJ.. 'L WETlANDS PRESENT PRESENT ZONING REQUESTED ZONING Co -;-' This application must be completed in full and be typewritten or 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 Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. 1 will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. The city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day extension for development review. Development review shall be completed within 120 days unless additional review extensions are approved by the applicant. ~'~/Y 7 7 Date Appfication Received on Fee Paid ~<< LrD Date " 1 } 327.- cr-- / ( ".. Receipt No. The appficant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. Jf not contacted, a copy of the report will be mailed to the applicant's address. TO: FROM: DATE: RE: Larry Hopfenspringer of Commercial Connection Juris Curiskis of Curiskis Architects, Inc. 8/14/97 Drainage of property at 615 Flying Cloud Drive, Chanhassen. I have contacted Civil Engineer Duane Temple P.E. His con1ment was that the POST DEVELOPMENT conditions are non existent because the PRE DEVELOPMENT conditions are relnaining as "as is". He mentioned that the Watershed District has regulations that governs this issue. I also talked to the City Engineer as it relates to surface drainage calculations and sediment trap request made by Bob Generous. The City Engineer indicated that the "NPDES" regulation applies and that I can get that information from the Minnesota Pollution Control Agency. When J talked to Keith Cherryhohnes of the MPCA, he indicated that the proposed use is not included in the "NPDES" requirements for managing and treating surface water run off. He also indicated that disturbing the existing green buffer between the property and the swalnp is not a good idea. You may verify this by calling him at: 296-6945. Since you have no culverts and you are not proposing any new culverts, the 10 year and 100 year water run off calculations are a mute point. The MDoT standards for those calculations are geared for flood lnanagement via culvert design. You may verify this by calling Dennis Larson of MDoT at 779-5054. For your records I am including the fax transmittal from Bob City Council Meeting - October 28, 1996 Mayor Chmiel: Any time we have to spend an abundant amount of dollars, it's frustration for everybody here. Okay with that I'll call the question. Resolution #96-94: Councilwoman Dockendorf moved, Councilman Mason seconded that the Council accepts the bids as shown in the memo dated October 28th and at the same time that we approve the transfer from the City Hall Expansion Fund to Capital Projects in the amount of $160,000.00. All voted in favor, except Councilman Senn who opposed, and the motion carried with a vote of 4 to 1. I ZONING MAP INTERPRET A nON FOR PROPERTY LOCATED SOUTH OF TH 212 AND EAST OF TH q,.,; ,0 f _ 169 ON THE FORMER SITE OF SUPERAMERICA. LARRY HOPFENSPIRGER. i I i John Rask: Last time Council met on October 14th the City Council considered an appeal of the Board of Adjustments decision to find the property located at 1650 Flying Cloud Drive zoned A2, Agricultural Estate. The Council voted to table action on this item until the full Council was present. Within the staff report we found some additional information on this site. Last time we discussed this, a lot of other issues seemed to be pulled into it. When in fact what we were looking at was an interpretation of the zoning map. I put this additional information in there for your consideration. The applicant is requesting that the City Council find the Board of Adjustment incorrectly interpreted the zoning map and find the site to be zoned BF, Business Fringe. The Council may also wish to consider a second motion which would affirm the Board's decision that the property is zoned A2 and if the applicant wishes to make or to use this site for commercial use, he could request a zoning change at that time. With that I'd be happy to answer any questions or go over the zoning districts if you so choose. Mayor Chmiel: Okay, thanks John. Is there any questions of John at this time? Okay, good. Thank you. Is someone here this evening, and I see that face once more. Bruce Rubbelke: Yes Mayor, my name is Bruce Rubbelke, R-U-B-B-E-L-K-E, on behalf of Larry Hopfenspirger. Briefly Councilmembers, I have three questions regarding the zoning interpretation on this piece of property. I will be brief. As you recall from my...we're looking for an interpretation of the BF... Number one, Mr. Hopfenspirger was repeatedly told by the City that this was in fact BF. He was told this by Kate Aanenson. He was told this by Bob Generous. I believe we provided a letter to the Council.. .detailing that he in fact had been told by the City that it was zoned BF by the City. In other words they thought it was zoned BF. Secondly, if we look at the maps. John, can you put that '86... Ifwe look at the maps, prior to the '86-'89 map, I don't think there's any dispute... If you look at the map that's out there now, '86, Revised '89. The parcel is clearly included in the BF zoning. Now that is the last map that conclusively has the property zoned under the BF... The map I believe... That has the line going through the property...we're not sure but that map clearly shows it BF. Thirdly, if you look at the historical use of the property. West of the property we have the old drive-in. North of the property we have a used car lot. East of the property we have the motel. So we have BF on the west, BF on the north and although the motel is A2, it's simply a conditional use... So if we're looking for interpretation rights... Now interestingly enough in the report that John prepared for the Council today, the City doesn't dispute that he was told it was BF. The City doesn't dispute that the most recent map incorrectly shows the zoning. We all know that there's a problem with the existing map. I guess Mr. Hopfenspirger's point is that based upon historical use, based upon the representations, based upon the known map, we would ask the to interpret that, that the property is BF. Mayor Chmiel: Okay, thank you. Is there any questions? Okay, I guess not. Thank you. John indicated, he made mention of the fact that affirms the Board's decision on this and the fact that even though staff had indicated that it was BF, we're looking at the, conclusion as to what it should be. I guess Council does the determining factor as to what that property is zoned. As I have looked at it, and really looked quite longly at what was proposed for this, for this proposal, I guess I still see that it is zoned as A2. That was my thought and that would affirm, as far as I'm concerned the decision. Councilwoman Dockendorf: Well, since I was the one that wasn't here last time, I think it's most appropriate that I address it. I think there's no question that some mistakes have been made in past maps and what the applicant was told, and that's because the maps are ambiguous. So I don't think there's any argument that what we're here tonight to decide is an interpretation of the map as opposed to what's right and what's wrong. So when I look at what the past uses have been, it was an SA for a while. It's covered in you know bituminous. I look at the surrounding uses 11 City Council Meeting - October 28, 1996 and you know, they're albeit conditional uses but still they're business type uses. And I kind of weigh that against what the city's overall goals were for that area. I don't want to offend any surrounding tenants but we are trying to clean it up. However, I don't want to penalize a property owner who bought this piece of land with a good faith interpretation that he thought this was zoned BF. So I guess considering the fact that the maps have been ambiguous, I think it would be appropriate to give the BF designation. I also say that with the knowledge that the applicant also has lots of hurdles to go through. There's no utilities avaIlable to the site. the access ro TH 212 is lU;(1\;!le,ou5 at best. It's a postage stamp piece ofland so there's, I don't see how you can get any parking on it. So depending, it has to be the right use and the applicant still has to go through the process. What that use will be. and as I said there's a lot of hurdles to it but at this point it would be my recommendation that we determine that the interpretation ~. Councilman Berquist: Is that a motion? Councilwoman Dockendorf: I'll make that a motion. Mayor Chmiel: We're not done going through each individual yet. Councilman Berquist: Do we need to be? Mayor Chmiel. Yes. Do you have any comment on this? Councilman Berquist: The comment I'll make was consistent with my comment last week. Or two weeks ago. The interpretation of the map by staff was erroneous. And that's fine, everybody makes mistakes now and again. We can correct it by granting the owner a BF zoning classification. It won't negatively impact us hardly at all. Long term plans. Short term plans. What the zoning map clearly indicates is not definable. The attorney indicates that if in fact the zoning map is ambiguous, which is a given within the staff memo. then the property owner is entitled to the least restrictive zoning classification, which is what I argued for two weeks ago. That's my comments. Mayor Chmiel: Okay. Michael. Councilman Mason: Well, I can fly m the face of adverSity but it seems like kind of a moot point. I'm not gomg to deny that this is ambiguous and I also then.. . from our attorney, and it's still, we still have the nght as a Council to decide whether it is A2 or BF. Based on the opinion I'm hearing from Council. certainly the comment about ambiguity is a point well taken. This is one for me that I think in terms of the City, I would just as soon have it be A2 but I do think that with all this confusion, and with what other comments from our City Attorney say. the point about it. the zoning map is ambiguous. The property owner's entitled to the least restrictive zoning classificatIOn. do not quite honestly agree with the BF but I will not be voting against that motion. Mayor Chmiel: Okay, Mark. Councilman Senn: I don't have anything new to add. My comments are pretty much the same as two weeks ago. Councilwoman Dockendorf: So I'll restate my motion that we interpret this parcel to be zoned Business Fringe. Councilman Senn: Second. Councilwoman Dockendorf moved, Councilman Senn seconded that the City Council find that the Zoning Map Interpretation for the property located at 615 Flying Cloud Drive be designated as BF, Business Fringe. All voted in favor, except Mayor Chmiel who opposed, and Councilman Mason abstained. The motion carried with a vote of 4 to 1. Mayor Chmiel: So the motion carries 4 to I. Councilman Mason: I did abstain. 12 CITY OF CHANHASSEN 690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317 (612) 937-1900. FAX (612) 937-5739 MEMORANDUM TO: Robert Generous, Senior Planner FROM: Mark Littfin, Fire Marshal DATE: August 27, 1997 SUBJ: Request for a conditional use permit to operate an auto sales establishment on property zoned fringe business district, BF, and site plan review for an auto sales establishment on 0.53 acres located south of Highway 169/212 and east of Highway 101/169, James Olson, Southwest Auto Brokers. Planning Case 97-4 CUP. I have reviewed the request for a conditional use permit to operate the auto sales establishment. In order to comply with the Chanhassen Fire Department/Fire Prevention Division, I have the following fire code or city ordinance/policy requirements. The conditional use permit plan review is based on the available information submitted at this time. If additional plans or changes are submitted, the appropriate code or policy items will be addressed. I have no comments or concerns at this time. ML/be g:\safety\ml\plrev97 -4 NOTICE OF PUBLIC HEARING PLANNING COMMISSION Wednesday, September 17, 1997 at 7:00 p.m. City Hall Council Chambers 690 Coulter Drive i SUBJECT: Conditional Use Permit and Site Plan Review for an Auto Sales Establishment APPLICANT: James Olson LOCATION: South of Hwy.169/212 and East of Hwy. 101/169 NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, James Olson, is requesting a conditional use permit to operate and auto sales establishment on property zoned BF, Fringe Business District, and site plan review for an auto sales establishment on 0.53 acres located south of Hwy. 169/212 and east of Hwy.101/169. What Happens at the Meeting: The purpose of this public hearing is to inform you about the developer's request and to obtain input from the neighborhood about this project. During the meeting, the Commission Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The Developer will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses project. The commission will then make a recommendation to the City Council. Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Bob at 937-1900 ext. 141. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. Notice of this public hearing has been published in the Chanhassen Villager on September 11, 1997. FROM (OMMERCI~L CONNECT 8.18.1997 8:52 P. 5 ~R VER COUNTY ABSTRACT AND TITLE CO., INC. (612) 448.5570 Dale B. Kutter 201 Chestnut St. N. P.O. Box 100 Chaska, MN 55318 FAX (612) 448.5155 David E. Moonen S+ C~RvER COUNH AISTIlt\CT . TIlLE May 7, 1997 The Commercial Connection Larry Hopfenspirger 7300 France Ave. So., Suite 219A Edina, MN. 55435 Attn: Joel Groethe According to the 1997 Tax Books in the Carver County Treasurers Office the following persons are li~ted as owners of the property within Carv~r County, Minnesoto. which lies within 500 feet of the following described property: See Exhibit "A" Attached 1. Patrick Blood & Nancy Lee 718 3rd Ave. W Shakupee. MN 5S379 5. Bert A & B L Notermann 812 Co Rd 78E Shakopee, MN 55379 2. Thomas & Beatrice Zwiers 9390 267th 51: Lakeville, MN 55044 6. Robert E Drury 575 Flying Cloud Dr Shakopee, MN 55379 3. Jack Brambilla 550 Valley park Dr Shakopee, MN 55379 7. United States of America 1 Federal Dr Fort Snelling, MN 4. Timothy K Lehner & Amy A Munson-Lehner 470 Flying Cloud Chaska, MN 55318 " c. . 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Box 147 Chanhassen, MN 55317-0147 Dear Robert Generous: SUBJECT: Jimmy's Auto Site Plan Review S97-069 Southeast Quadrant of Trunk Highway (TH) 212 & TH 101 Chanhassen, Carver County C.S. 1011 The Minnesota Department of Transportation (Mn/DOT) has reviewed the Jimmy's Auto site plan. We find the plan acceptable for 1urther development with consideration of the following comments. . Storm water drainage from the proposed site does not appear to flow to TH 212 right of way. A Mn/DOT permit will be required if this condition changes or the development otherwise alters patternl'. or runoffs affecting TH 212. . We will require a permit for access to TH 212 due to the change in use of this site. Bill Warden of our Permits Section may be contacted at 582-1443 for information regarding the permit process. . Mn/DOT right of way is 40 feet from the centerline ofTH 212. Any existing structures inside Mn/DOT right of way should be removed and no new work within the right of way '.vill be a1!owed '.vithout a pfinit. Th.:: type of permit ncces3ary depends on th~ natun: of the proposed work. Bill Warden of our Permits Section may be contacted, as noted above, for further information regardlflg the permit process. Please contact me at 582-1654 with any questions regarding this review. Sincerely, Scott Peters Senior Transportation Planner/I.-ocal Government Liaison An equal opportunity employer CHANHASSEN PLANNING COMMISSION REGULAR MEETING SEPTEMBER 17,1997 Chairman Peterson called the meeting to order at 7.10 p.m. MEMBERS PRESENT: LuAnn Sidney, Craig Peterson, Allyson Brooks, and Kevin Joyce MEMBERS ABSENT: Alison Blackowiak and Ladd Conrad STAFF PRESENT: Kate Aanenson, Planning Director; Bob Generous, Senior Planner; and Dave Hempel, Asst. City Engineer PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE AN AUTO SALE ESTABLISHMENT ON PROPERTY ZONED FRINGE BUSINESS DISTRICT. BF. AND SITE PLAN REVIEW FOR AN AUTO SALES ESTABLISHMENT ON 0.53 ACRES LOCATED SOUTH OF HWY 169/212 AND EAST OF HWY.I0l/169. SOUTHWEST AUTO BROKERS. JAMES OLSON. Bob Generous presented the staff report on this item. Peterson Any questions of staff from fellow commissioners? Brooks. With regards, can you state that one more time? The applicant shall. Generous Comply with the conditions in the letter from Scott Peters to Robert Generous dated September 8, 1997 Peterson: Questions of staff anyone? The only thing 1'd like to have you do Bob is just kind of walk us through the landscaping plan... than what's really in the narrative I was trying to picture really where, is it just trees that we're talking about? Generous There are shrubs that will go along the Highway 169 frontage. More trees are shown in the right-of-way They do have to be on the property for them to be relocated. We will... They are adding The rest of this is natural vegetation right here... There is a rock swale in this location which drains the storm water to the corner and that's one of the conditions of the under drainage that we talk about in the staff report Peterson Wouldn't it be normal to request something around the building? Or is that overly detailed? Generous Under new construction you would Peterson. Other questions of staff? Planning Commission Meeting - September 17, 1997 Sidney: Well Bob, I had asked this before but I guess for the benefit of those here. I noticed in your staff report written that this area has a history of illegal dumping and wanted to talk a little bit about the dump sites. Do you feel that this property needs a general clean-up and do you feel that that might be a condition that we should add? Generous. Well part of this, the use of the site, to use it... they will have to clean-up the junk that's lying on the paved area. Down in the wetlands that's off site, I don't know how we can really hold this property owner responsible for that. Peterson Okay. Other questions? Does the applicant or their designee wish to address the Planning Commission? If so, please come forward State your name and address please James Olson: James Olson, 9636 Woodridge Drive, Eden Prairie, Minnesota. Mr Generous had handed me this letter from Scott Peters. We've discussed this already. I've been down cleaning the property up. It has been sitting for quite a while and we've taken a lot of debris and I've cleared a lot of the, oh there's weeds quite high and cleared a lot of that out and cleared, you know with Round-up killed a lot of it off. There's like a small soffit overhang that we'll be painting and cleaning and I think it will do, it will be a lot better than what it would have down there, down on the highway. Yeah, I plan to do it. We had talked about quite a while ago about treeing and shrubbing and landscaping and doing some things on there to make it, basically that's where, you know the reflection of myself so I wanted to make it look as nice as I could you know. We were talking about this quite a few months ago I was going to try to blacktop it and make it one, look pretty nice but probably get it done by this spring so it will look a real nice building. And we don't have, I don't have any, everything else that is on here we already discussed with Mr Generous earlier, about a month ago so I don't have any other things to say about it Peterson. Any questions? Joyce' How many cars do you plan. when it's all up and running, how many cars would you have? James Olson: Probably around 30. Joyce 30? And they're used cars, right? James Olson. Yes, yes. Peterson I mentioned earlier about the landscaping around the corner Is there from your perspective anything you can do to soften, obviously it's a highly visible building Anything we can do to soften that look from your perspective? James Olson' As far as, I'm sorry. Planning Commission Meeting - September 17, 1997 Peterson: As far as putting any kind of landscaping around the building itself. Something you're thinking about or could we possibly do it or is it cement all the way around the building. James Olson: It's like a cement pad. Kind oflike when you walk to the SuperAmerica. Probably about a 3 foot pad around there and what my wife was going to do, we were going to get some planters and put flowers. She plants everything under the sun and it grows for her though. But she's going to be planting, we were going to put some flower boxes and planters up and around the front of the building also to give it a more of aesthetic look, you know. Welcoming. Feeling to come in. Peterson Any other questions? Thank you. James Olson. Thank you Peterson This is open for a public hearing. May I have a motion to open to do the same and a second please Sidney moved, Brooks seconded to open the public hearing. The public hearing was opened. Peterson: This is a public hearing. Anyone wishing to address the Planning Commission, please come forward and state your name and address please Seeing none, may I have a motion and a second to close the public hearing. Sidney moved, Joyce seconded to close the public hearing. The public hearing was closed. Peterson Commissioners Kevin, any thoughts? Joyce. I don't have any problem with it. It's going to improve the site from where it is right now to something that's constructive, useable. I know we had Paws and Claws, was that across the street and we had some concerns about, Craig you brought it up about the metal and I don't know ifit'sjust, I'm certain we're much busier with other areas of the city as far as what we're going to plan for down there You can't, I don't think you can gauge what's going to happen with that thoroughfare It's not exactly what I'd want to see down there, let's put it that way but it is a use. It utilizes what's there right now so I guess I don't have any problems with it Peterson: LuAnn. Sidney: I don't have any problems either I went down and viewed the site I think fixing it up will be a big improvement to what's there now and one thing too, you know we're not getting to the 2000 Land Use Plan goals of parks and open spaces and residential lots. Large lots. Still I think what is stated in staff report holds true That the City must provide a reasonable use of property based on existing zoning. Certainly this is a use that makes sense for this property Peterson. A1lyson. Planning Commission Meeting - September 17, 1997 Brooks: I agree with the other commissioners I'd rather see the property used than an abandoned SuperAmerica. And I also... illegal dumping because there's some... I think it's a good use. Peterson: Good, thanks. Well I have no further comments. I agree. Let's get it cleaned up and get some activity down there. With that may I have a motion and a second please. Sidney: I'll make the motion. Planning Commission recommends approval of Conditional Use Permit #97-4 and Site Plan #97-13 for Southwest Auto Brokers at 615 Flying Cloud Drive, plans prepared by Curiskis Architects, Inc. dated 7/21/97, subject tot he following conditions 1 through 13. Condition 7 has been amended to include the sentence. The applicant shall comply with the conditions in the letter from Scott Peters to Bob Generous dated September 8, 1997. Joyce: I'll second that. Peterson' It's been moved and seconded. Any discussion? Sidney moved, Joyce seconded that the Planning Commission recommends approval of Conditional Use Permit #97-4 and Site Plan #97-13 for Southwest Auto Brokers at 615 Flying Cloud Drive, plans prepared by Curiskis Architects, Inc. dated 7/21/97, subject tot he following conditions: 1 The applicant shall comply with Section 20-291 of the City Code 2. The applicant shall enter into a site plan agreement with the City and provide the necessary security as required by the agreement 3. The applicant shall install site landscaping as shown on Landscape plan prepared by Curiskis Architects, Inc dated 8/14/97. 4. Overstory species from the City's Approved Tree list be used. Shrubs shall also be chosen from the City's list. 5 Revise site plans as follows. Narrow both driveway accesses onto Trunk Highway 169 to 30 feet wide. Reduce turnaround tabs 5 feet at each end of the parking lot. Add erosion control silt fence at the southwest and southeast corners of the parking lot approximately 10 feet from each corner 6 The applicant and/or property owner shall supply the City's Building Official with maintenance and pumping records of the septic system every two years. 7 The applicant shall be responsible for obtaining and complying with any and all permits from MnDot for construction within Trunk Highway 169 right-of-way The applicant shall Planning Commission Meeting - September 17, 1997 comply with the conditions in the letter from Scott Peters to Bob Generous dated September 7, 1997. 8. The applicant shall restore the drainage pattern to previous conditions. This work includes re-grading and restoring the rock swale on the south edge of the property, remove trash obstructions from corner drainage points and construct rip rap swale from parking lot to natural ditch. 9 The applicant sh all agree to establish a wetland buffer zone along the south property line. In creating the buffer zone, the applicant will agree to allow natural vegetation to grow, agree to keep all business, storage and maintenance activities out of the buffer area. Wetland buffer areas shall be identified in accordance with the City's wetland ordinance. 10. Provide proof of septic tank pumping by a licensed pumper to the City This must be done before the building is occupied. 11. Provide ties for the septic tanks, pump tank and distribution box. This must be done before the building is occupied. 12 Revise the proposed site plan to provide the correct accessible parking. This should be done before Council approval. 13. A separate sign permit shall be required for all signage to be installed on site. All voted in favor and the motion carried. COMPREHENSIVE PLAN DISCDSSION-RECREA TION. Aanenson: We're up to the Parks Open Space. Recreation component of the comprehensive plan. This element is going to have some rewrite but it's mostly background checks We want to update all the parks .and again try to project into the future needs of the city. The goals that were put in place in 1991, we believe for the most part are really pretty accurate and would recommend to continue in the future. There may be a couple that we might want to look at.. . capital improvement plan and I think that's policy anyway... so that's something that has not been done but certainly should be set as a goal. And some of the other goals, just to . again back in 1991. acquisition for the school district and Bluff Creek Elementary, but for the most part we're recommending the goals realistically should be. and remain the same And unless, as we go through the process something sticks out, we may add it but otherwise we're going to recommend that the goals .. Since 1991, while the goals address, that we have, open space, passive and active, up until probably the last few years, most of the park direction has been active because of having a young community Most the parks have been trying to address neighborhood needs for soccer, community play fields and the like and there were 18 existing parks since 1991 with development of subdivisions brought on the Stone Creek Park, the Forest Meadows, the Roundhouse Park in Minnewashta. And also we did acquire the 50 acre park just south of