03-15-89 Agenda and Packet q-L-J2
AGENDA
CHANHASSEN PLANNING COMMISSION
WEDNESDAY, MARCH 15, 1989, 7 : 30 P.M.
CHANHASSEN CITY HALL, 690 COULTER DRIVE
CALL TO ORDER
PUBLIC HEARINGS
1. Replat of Lots 1 and 2 , Block 2 , Chanhassen Lakes Business
Park, 2nd Addition, into one lot on property zoned IOP and
located at the northeast corner of Co. Rd. 17 and Lake Drive,
AMCON Corporation for EMPAK, Inc.
NEW BUSINESS
— 2 . Site Plan Review for Phase I and Phase II for an office/
manufacturing/warehouse facility on property zoned IOP,
Industrial Office Park and located on the northeast corner of
County Road 17 and Lake Drive, south of Hwy. 5 , AMCON
Corporation for EMPAK, Inc.
OLD BUSINESS
** ITEM #3 TABLED UNTIL APPLICATION RECEIVED FROM COLONIAL GROVE
HOMEOWNERS ASSOCIATION **
3 . Wetland Alteration Permit for the filling in and sodding of a
wetland on property zoned RSF and located at 100 and 80 Sandy
Hook Road, Bob Pfankuch and Steve Frost, applicants .
ITEMS FROM COMMISSIONERS
ITEMS FROM PLANNING STAFF
4. Contractors Yards
5 . Convenience Stores
ADJOURNMENT
CIT
clunA2 :n.Y OF
P.C. DATE: March 15 , 1989
C.C. DATE: Aoril lU , 1989
Y CASE NO: 89-3 SUB
Prepared by: Olsen/v
STAFF REPORT
PROPOSAL: 1 . Replat Two Industrial Lots into One Industrial La`
2 . Site Plan Review for a 77,690 Sq. Ft. Corporate
z Office and Production Facility
Q
(� LOCATION: Lots 1 and 2 , Block 2 , Chanhassen Lakes Business
_ __J Park 2nd Addition
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Q APPLICANT: AMCON Corporation Empak, Inc.
200 West Hwy. 13 1501 Park Road
Burnsville, MN 55337 Chanhassen, MN 55317
PRESENT ZONING: IOP, Industrial Office Park
ACREAGE: 12. 6 acres »rim r
DENSITY:
ADJACENT ZONING
AND LAND USE: N- IOP; Instant Web - `���5' --
S- IOP; parkland
E- IOP; vacant
- W- IOP; vacant
W WATER AND SEWER: Available to site
F
PHYSICAL CHARAC. : The site has a slight slope to the south.
2000 LAND USE PLAN: Industrial
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AMCON/Empak, Inc.
March 15, 1989
Page 2
APPLICABLE REGULATIONS
Section 20-312 permits manufacturing and office as a permitted
use in the IOP District.
Section 20-815 allowas a maximum lot coverage of 70%, a front
yard setback of 30 feet, a rear yard setback of 10 feet and a
side yard setback of 10 feet. This section also allows a maximum
height of 50 feet for the principal structure.
Section 20-1191 requires a 10 foot strip of land between abutting
right-of-way and vehicular use areas including one tree per 40
feet and a hedge wall or berm of at least two feet.
Section 20-1192 requires interior property lines to be landscaped
with one tree per 40 feet.
Section 20-1211 requires interior landscaping for vehicular use
areas.
Section 20-1125 requires for office three parking spaces for each
1, 000 square feet of gross floor area and one parking space for
each employee on the major shift.
REFERRAL AGENCIES
Building Inspector No comment
Fire Inspector Attachment #2
City Engineer Attachment #3
Park and Recreation The Park and Recreation Commission
will review on Tuesday. March 14th.
BACKGROUND
On October 24, 1988, the City Council approved the final plat for
Chanhassen Lakes Business Park Third Addition which created Lots
1 and 2 , Block 2 , Chanhassen Lakes Business Park 2nd Addition
( Attachment #4) .
REPLAT
The applicant is proposing to replat Lots 1 and 2 , Block 2, of
CLBP 2nd Addition into one industrial lot, Lot 1, Block 1, Empak
Addition. The proposed replat creates a lot which meets the
requirements of the IOP District. The replat will vacate the
interior drainage and utility easements.
AMCON/Empak, Inc. _
March 13 , 1989
Page 3
The City Council will act on the easement vacation on April 10 ,
1989 .
RECOMMENDATION
Planning staff recommends the Planning Commission adopt the —
following motion:
"The Planning Commission recommends approval of Subdivision _
Request #89-3 , to create Lot 1, Block 1 , Empak Addition as shown
on the plat stamped "Received March 1, 1989" with the following
conditions :
1. That the applicant receive vacation of the interior drainage
and utility easements.
SITE PLAN REVIEW
The applicant is proposing a 77 , 690 square foot office and pro-
duction facility. The site plan meets the requirements of the
IOP District including the requirements for setbacks, impervious
surface, parking, lighting and height of the building. —
The zoning ordinance requires a 2 foot berm or screen along the
vehicular areas . The proposed parking area located south of the —
building has not been provided with a 2 foot berm or screen.
Cars parked along the southern edge of the parking area will be
visible from Lake Drive. Therefore, the applicant must provide
continuous screening between the southerly parking area and Lake
Drive in the form of a 2 foot berm or 2 foot continuous vegetative
screen. The ordinance also requires the landscaping to provide
50% winter opacity, one tree/40 feet along interior lot lines and .-
interior landscaping of parking areas . The proposed parking areas
will not accommodate landscape islands. The applicant will
instead provide additional landscaping around the exterior of the
parking areas . The applicant will provide an amended landscape
plan which will provide the above mentioned items .
The applicant has stated that rooftop equipment will not be —
visible from the south and will oe designed to blend in with the
building and that there will not be any hazardous material on the
site.
RECOMMENDATION
Planning staff recommends the Planning Commission adopt the
following motion:
"The Planning Commission recommends approval of Site Plan Request —
#89-1 as shown on the site plan stamped "Received February 21,
AMCON/Empak, Inc.
March 15 , 1989
Page 4
1989" with the following conditions :
1 . All signage shall meet the conditions of the sign ordinance.
2 . The applicant shall provide an amended landscape plan which
provides the following:
a. Two foot continuous screening of the southerly parking lot
from Lake Drive.
b. Fifty percent winter opacity.
c. Interior lot line landscaping.
d. Additional landscaping around the parking areas .
3 . Any additional phases or expansion of the site will require
a site plan review.
4 . Every dead-end roadway more than 300 feet in length shall be
provided at the closed end with a turnaround acceptable to
the Fire Department.
5 . Turns in roadways shall maintain the minimum road width and
shall be constructed with a minimum radium of 25 feet at the
inside curb cut and a radius of 50 feet at the outside curb
line.
6 . Parking lot lanes shall have a minimum of 25 feet clear width
between rows of parked vehicles for vehicular access and
movement.
7 . Distances between installed fire hydrants shall not exceed
300 feet.
8 . Approximate fire hydrant locations are indicated on site
plan.
9. Fire hydrants shall be supplied by not less than a 6 inch
diameter main installed on a looped system, or not less than
an 8 inch diameter main if the system is not looped or the
fire hydrant is installed on a dead-end main exceeding 300
feet in length.
10. Dead-end mains shall not exceed 600 feet in length for main
sizes under 10 inches in diameter.
AMCON/Empak, Inc.
March 15 , 1989
Page 5
12. Submittal of revised site plan incorporating the above con-
ditions prior to consideration by City Council. In order to
be placed on the April 10 , 1989 , City Council agenda, revised _
plans need to be submitted by March 27, 1989.
13. Revised plans shall be submitted for approval that address
the conditions and discussion contained in this staff report.
14. An erosion control plan shall ae included in the submittals.
15 . Contouring of the Perimeter of the site will need to be
shown.
16 . All side slopes greater than 3 : 1 will need erosion
protection.
17. Determination of waste water monitoring requirements with the
Metropolitan Waste Control Commission.
18. Watermain looping and hydrant locations shall be included in _
the submittals , including valves .
19 . Information on roof drainage discharge and possible need for
retention pond for wetland pollutant/nutrient loading impacts .
20. All driveways are to be consistent with the City' s commercial/
industrial standard details .
21. A typical section of roadway to be shown on plans for appro-
val with concrete curb and gutter throughout the site.
22. Necessary County permits for control of access to CSAH 17 at
the northerly access to the site shall be obtained.
23 . A 35-foot permanent utility easement shall be dedicated along
the easterly lot line of the site for storm sewer purposes. _
24. The plans should address the proper movement of pedestrian
traffic around the building and site. _
25. Access must be maintained for City forces to monitor and
maintain Well No. 4 at all times during construction and
development of this site. -'
26 . Construction traffic shall not conflict with the City' s
improvement project. —
27 . If the City' s 18-inch watermain is not relocated, am/ easement
shall oe provided accross the southwest corner of the site
and any cut or fill over this main shall receive prior City
approval which will be predicated on proper remedial actions
taken.
AMCON/.Empak, Inc.
March 15, 1989
Page 6
ATTACHMENTS
1 . Excerpts from City Code.
2 . Memo from Fire Inspector.
3 . Memo from City Engineer.
4 . City Council minutes dated October 24, 1988 .
5 . Letter from the applicant dated March 1 , 1989 .
6 . Application.
7. Preliminary olat dated February 21, 1989.
8 . Site Plan dated February 21, 1989.
ZONING § 20-814
ARTICLE XXII. "IOP" INDUSTRIAL OFFICE PARK DISTRICT
Sec. 20-811. Intent.
The intent of the "IOP" District is to provide an area identified for large scale light
industrial and commercial planned development.
(Ord. No. 80, Art. V, § 16(5-16-1), 12-15-86)
Sec. 20-812. Permitted uses.
The following uses are permitted in an "IOP" District:
(1) Offices.
(2) Warehouses.
(3) Light manufacturing.
(4) Trade shops.
(5) Health services.
(6) Printers.
(7) Indoor health and recreation clubs.
(8) Body shops.
(9) Utility services.
(10) Recording studios.
(11) Off-premises parking lots.
(12) Conference/convention centers.
(Ord. No. 80, Art. V, § 16(5-16-2), 12-15-86)
Sec. 20-813. Permitted accessory uses.
The following are permitted accessory uses in an"IOP" District:
(1) Parking lots and ramps.
(2) Signs.
(3) Retail sales of products stored or manufactured on the site provided no more than
twenty(20)percent of the floor space is used for retail sales.
(Ord. No. 80, Art. V, § 16(5-16-3), 12-15-86)
Sec. 20-814. Conditional uses.
The following are conditional uses in an "IOP" District:
1111 (1) Concrete mixing plants.
(2) Communication transmission towers.
1227
§ 20-814 CHANHASSEN CITY CODE
(3) Public buildings.
Maw
(4) Motor freight terminals.
(5) Outdoor health and recreation clubs.
(6) Screened outdoor storage.
(7) Research laboratories.
lam
(8) Contracting yards.
(9) Lumber yards.
(10) Home improvement trades.
(11) Hotels and motels.
(12) Food processing.
(Ord. No. 80, Art. V, § 16(5-16-4), 12-15-86)
State law reference—Conditional uses. M.S. § 462.3595.
Sec. 20-815. Lot requirements and setbacks.
The following minimum requirements shall be observed in an "IOP" District subject to
additional requirements, exceptions and modifications set forth in this chapter:
in.
(1) The minimum lot area is one(1)acre.
(2) The minimum lot frontage is one hundred fifty(150)feet,except that lots fronting on
a cul-de-sac shall have a minimum frontage of sixty(60)feet.
(3) The minimum lot depth is two hundred(200)feet.
(4) The maximum lot coverage is seventy(70)percent.
(5) Off-street parking areas shall comply with all yard requirements of this section,
except that no rear yard parking setback shall be required for lots directly abutting
railroad trackage; and. no side yard shall be required when adjoining commercial
uses establish joint off-street parking facilities,as provided in section 20-1122,except
that no parking areas shall be permitted in any required side street side yard. The
minimum rear yard shall be fifty (50) feet for lots directly abutting any residential
district. Side street side yards shall be a minimum of twenty-five (25) feet in all
districts. Other setbacks are as follows:
a. For front yards, thirty(30) feet.
b. For rear yards, ten(10)feet.
c. For side yards, ten(10)feet.
(6) The maximum height is as follows:
a. For the principal structure, four(4)stories/fifty(50)feet.
b. For accessory structures, one(1)story.
(Ord. No. 80,Art. V, § 16(5-16-5), 12-15-86)
1228
§ 20-1124 CHANHASSEN CITY CODE
Sec. 20-1124. Lighting. 41114
All commercial, industrial and multi-family parking lots shall be lighted. Lighting shall •
be directed away from the public right-of-way and adjacent residential or agricultural districts.
(Ord. No. 80, Art. VII, § 1(7-1-9), 12-15-86)
Sec. 20-1125. Required number of on-site parking spaces. -
On-site parking areas of sufficient size to provide parking for patrons, customers, suppli-
ers, visitors and employees shall be provided on the premises of each use. The minimum _
number of required on-site parking spaces for the following uses shall be:
(1) Assembly or exhibition hall, auditorium, theater or sports arena—One (1) parking
space for each four(4)seats,based upon design capacity.
(2) Auto sales, trailer sales, marine and boat sales, implement sales, garden supply
store, building materials sales, auto repair—One (1) parking space for each five _
hundred(500)square feet of floor area.
(3) Automobile service station—Four (4) parking spaces, plus two (2)parking spaces for
each service stall: such parking spaces shall be in addition to parking space required
for gas pump areas.
(4) Bowling alley—Seven(7)parking spaces for each bowling lane.
(5) Churches—One(1)parking space for each three(3)seats,based on the design capacity
•
of the main seating area, plus one(1)space per classroom.
(6) Dwelling: —
a. Single-family—Two (2) parking spaces, both of which must be completely en-
closed. No garage shall be converted into living space unless other acceptable _
on-site parking space is provided.
b. Multi-family—One (1) parking space per efficiency unit, one and one-half(1%)
spaces per one (1) bedroom unit, two (2) parking spaces per two (2) or more
bedrooms. Senior citizens housing shall have three-fourths spaces per dwelling
unit. At a minimum,one(1)space per unit must be completely enclosed.
(7) Financial institution—One (1) space for each two hundred fifty (250) square feet of
floor space.
(8) Furniture or appliance store—One (1) space for each four hundred(400) feet of floor _
space.
(9) Hospitals and nursing homes—One(1)space for every two(2)beds, plus one(1)space
for every two(2)employees on the largest single shift.
(10) Manufacturing or processing plant—One (1) off-street parking space for each em-
ployee on the major shift and one (1)off-street parking space for each motor vehicle ...•
when customarily kept on the premises.
(11) Medical and dental clinics and animal hospitals—One(1)parking space for each one
hundred fifty(150)square feet of floor area.
1248
ZONING § 20-1125
"r,
4111
(12) Mortuaries—One(1)space for every three(3)seats.
1 (13) Motel or hotel—One(1)parking space for each rental room or suite,plus one(1)sac
for every two(2)employees. p
(14) Office buildings (administrative, business or professional)—Three (3) parking space
1 for each one thousand(1,000)square feet of floor area.
T (15) Public service buildings, including municipal administration buildings, communit
center, public library, museum, art galleries, and post office—One (1) parking spa(
for each five hundred (500) square feet of floor area in the principal structure, ph
Tone(1)parking space for each four(4)rests within public assembly or meeting room
(16) Recreational facilities, including golf course, country club, swimming club, racqu.
club, public swimming pool—Twenty (20) spaces, plus one (1) space for each r
fil
hundred(500)square feet of floor area in the principal structure or two(2)spaces p.
court.
— (17) Research, experimental or testing stations—One (1)parking space for each five hu
dred(500)square feet of gross floor area within the building, whichever is greater.
(18) Restaurant, cafe, nightclub, tavern or bar:
a. Fast food—One(1)space per sixty(60)square feet of gross floor area.
b. Restaurant:
1. Without full liquor license—One (1) space per sixty (60) square feet of gross
floor area or one (1) space per two and one-half (2i.�) seats whichever is
greater.
2. With full liquor license—One(1)space per fifty(50)square feet of gross floor
area or one(1)space per two(2)seats whichever is greater.
(19) Retail stores and service establishments—One (1) space for each two hundred (200)
square feet of gross floor area.
(20) School, elementary (public, private or parochial)—One (1) parking space for each
classroom or office room, plus one (1) space for each one hundred fifty (150) square
feet of eating area including aisles, in any auditorium or gymnasium or cafeteria
intended to be used as an auditorium.
(21) School,junior and senior high schools and colleges(public,private or parochial—Four
(4) parking spaces for each classroom or office room plus one (1) space for each one
hundred fifty(150)square feet of seating area including aisles, in any auditorium or
gymnasium or cafeteria intended to be used as an auditorium.
(22) Shopping center—On-site automobile parking shall be provided in a ratio of not less
than one(1) parking space for each two hundred (200)square feet of
gross floor area;
separate on-site space shall be provided for loading and unloading.
ii (23) Storage, wholesale, or warehouse establishments—One (1) space for each one thou-
sand(1,000)square feet of gross floor area up to ten thousand(10,000)square feet and
one(1)additional space for each additional two thousand(2,000)square feet plus one
1249
MOO
§ 20-1179 CHANHASSEN CITY CODE
111
(5) The removal of diseased and damaged trees is permissible.
(d) Tree removal not permitted under subdivision, planned unit development or site plan _
review shall not be allowed without the approval of a tree removal plan by the city council.
Tree removal plans shall include the content requirements as dictated in section 20-1177 and
identify reasons for tree removal. The plan shall be submitted three (3) weeks in advance of _
the city council at which it is to be considered.
(e) This section does not apply to single-family and two-family lots of record.
(Ord. No. 80, Art. VIII, § 7, 12-15-86) —
Secs. 20-1180-20-1190. Reserved.
DIVISION 2. PERIMETER LANDSCAPING REQUIREMENTS
Sec. 20-1191. Generally. _
(a) Where parking areas are not entirely screened visually by an intervening building or
structure from any abutting right-of-way, there shall be provided landscaping between such _
area and such right-of-way as follows:
(1) A strip of land at least ten (10) feet in depth located between the abutting right-of-
way and the vehicular use area which shall be landscaped to include an average of —
one (1) tree for each forty (40) linear feet or fraction thereof. Such trees shall be
located between the abutting right-of-way and the vehicular use area.
(2) In addition,a hedge,wall,berm,or other opaque durable landscape barrier of at least
two(2)feet in height shall be placed along the entire length of the vehicular use area.
If such opaque durable barrier is of nonliving material, a shrub or vine shall be _
planted along the street side of said barrier and be planted in such a manner to break
up the expanse of the wall. A two-foot berm may be used; however, additional
landscaping at least one (1) foot in height at time of planting shall be installed. The _
remainder of the required landscape areas shall be landscaped with grass, ground
cover, or other landscape treatment.
(b) This division applies to perimeter landscaping. —
(Ord. No. 80, Art. VIII, § 2(8-2-1), 12-15-86)
Sec. 20-1192. Required landscaping adjacent to interior property lines. —
(a) Where parking areas abut property zoned or, in fact, used primarily for residential or
,institutional purposes,that portion of such area not entirely screened visually by an interven- _
ing structure or existing conforming buffer from an abutting property,there shall be provided
a landscaped buffer which should be maintained and replaced as needed. Such landscaped
buffer shall consist of plant material, wall, or other durable barrier at least six (6) feet in _
height measured from the median elevation of the parking area closest to the common lot line,
and be located between the common lot line and the off-street parking areas or other vehicular
use area exposed to the abutting property. Fences shall be constructed according to the
standards in section 20-1018.
411t.
1254
Z
ZONING § 20-1212
I
(b) In addition,an average of one(1)tree shall be provided for each forty(40)linear feet of
such parking area or fractional part thereof. Such trees shall be located between the common
lot line and the off-street parking area or other vehicular use area.
T (c) Where such area abuts property zoned and, in fact, used for office, commercial, or
industrial purposes, that portion of area not entirely screened visually by an intervening
structure or existing conforming buffer, shall comply with the tree provisions only as pre-
scribed in this section.
i (Ord. No. 80, Art. VIII, § 2(8-2-2), 12-15-86)
Sec. 20-1193. Combining with easements.
The required landscape bufferyard may be combined with a utility or other easement as
long as all of the landscape requirements can be fully met, otherwise, the landscape bufferyard
shall be provided in addition to, and separate from, any other easement. Cars or other objects
shall not overhang or otherwise intrude upon the required landscape bufferyard more than
two and one-half(21/2)feet and curbs will be required.
(Ord. No. 80, Art. VIII, § 2(8-2-3), 12-15-86)
Sec. 20-1194. Existing landscape material.
Existing landscape material shall be shown on the required plan and any material in
satisfactory condition may be used to satisfy these requirements in whole or in part.
1111/
(Ord. No. 80, Art. VIII, § 2(8-2-4), 12-15-86)
Secs. 20-1195-20-1210. Reserved.
DIVISION 3. INTERIOR LANDSCAPING FOR VEHICULAR USE AREAS
Sec. 20-1211. Generally.
(a) Any open vehicular use area (excluding loading, unloading, and storage areas in the
IOP and BG districts)containing more than six thousand(6,000)square feet of area,or twenty
(20) or more vehicular parking spaces, shall provide interior landscaping in accordance with
this division in addition to "perimeter" landscaping. Interior landscaping may be peninsular
or island types.
(b) This division applies to interior landscaping of such areas.
IMO
(Ord. No. 80, Art. VIII, § 3, 12-15-86)
Sec. 20-1212. Landscape area.
(a) For each one hundred(100)square feet, or fraction thereof, of vehicular use area,five
(5)square feet of landscaped area shall be provided.
• (b) The minimum landscape area permitted shall be sixty-four (64) square feet, with a
four-foot minimum dimension to all trees from edge of pavement where vehicles overhang.
1255
•
§ 20-1212 CHANHASSEN CITY CODE
(c) In order to encourage the required landscape areas to be properly dispersed, no
required landscape area shall be larger than three hundred fifty(350)square feet in vehicular
use areas under thirty thousand (30,000) square feet in size, and no required area shall be
IMO
larger than one thousand five hundred (1,500)square feet in vehicular use areas over thirty
thousand(30,000)square feet. In both cases,the least dimension of any required area shall be
four-foot minimum dimension to all trees from edge of pavement where vehicles overhang.
Landscape areas larger than above are permitted as long as the additional areas is in excess of
the required minimum.
(Ord. No. 80, Art. VIII, § 3(8-3-1), 12-15-86)
Sec. 20-1213. Minimum trees.
A minimum of one(1)tree shall be required for each two hundred fifty(250)square feet or
fraction thereof, of required landscape area. Trees shall have a clear trunk of at least five(5)
feet above the ground, and the remaining area shall be landscaped with shrubs, or ground
cover, not to exceed two(2)feet in height.
(Ord. No. 80, Art. VIII, § 3(8-3-2), 12-15-86)
Sec. 20-1214. Vehicle overhang. —
Parked vehicles may hang over the interior landscaped area no more than two and
one-half(21/2) feet, as long as a concrete curb is provided to ensure no greater overhang or
penetration of the landscaped area.
(Ord. No. 80. Art. VIII, § 3(8-3-3), 12-15-56)
Secs. 20-1215-20-1230. Reserved.
DIVISION 4. LANDSCAPING MATERIALS, ETC. _
Sec. 20-1231. Generally.
(a) The landscaping materials shall consist of the following:
(1) Walls and fences. Walls shall be constructed of natural stone, brick or artificial
materials. Fences shall be constructed of wood. Chain link fencing will be permitted
only if covered with wood strips or plant material.
(2) Earth mounds. Earth mounds shall be physical barriers which block or screen the
view similar to a hedge, fence,or wall. Mounds shall be constructed with proper and
adequate plant material to prevent erosion. A difference in elevation between areas
requiring screening does not constitute an existing earth mound, and shall not be
considered as fulfilling any screening requirement.
(3). Plants. All plant materials shall be living plants,artificial plants are prohibited and
shall meet the following requirements.
a. Quality. Plant materials used in conformance with provision of this division
shall conform to the standards of the American Association of Nurserymen and
shall have passed any inspections required under state regulations.
1256
ZO\TING § 20-1179
Sec. 20-1178. Landscaping for service structure.
(a) Any service structure shall be screened whenever located in any residential, commer-
cial or industrial zone (except RR and RSF zones). Structures may be grouped together;
however, screening height requirements will be based upon the tallest of the structures.
(b) A continuous planting, hedge, fence, wall or earth mound shall enclose any service
structure on all sides unless such structure must be frequently moved, in which case screen-
ing on all but one (1) side is required. The average height of the screening material shall be
one(1)foot more than the height of the enclosed structure, but shall not be required to exceed
eight (8) feet in height. Whenever a service structure is located next to a building wall,
perimeter landscaping material, or vehicular use area landscaping material, such walls or
screening material may fulfill the screening requirement for that side of the service structure
if that wall or screening material is of an average height sufficient to meet the height
requirement set out in this section. Whenever service structures are screened by plant
material, such material may count towards the fulfillment of required interior or perimeter
landscaping. No interior landscaping shall be required within an area screened for service
structures.
(c) Whenever screening material is placed around any trash disposal unit or waste
collection unit which is emptied or removed mechanically on a regularly occuring basis, a
curb to contain the placement of the container shall be provided within the screening material
on those sides where there is such material. The curbing shall be at least one(1)foot from the
4111/
material and shall be designed to prevent possible damage to the screening when the con-
tainer is moved or emptied.
(Ord. No. 80, Art. VIII, 3 4. 12-15-86)
Sec. 20-1179. Tree removal regulations.
(a) It is the policy of the city to preserve natural woodland areas throughout the city and
with respect to specific site development to retain as far as practical, substantial tree stands
which can be incorporated into the overall landscape plan.
(b) No clearcutting of woodland areas shall be permitted except as approved in a subdivi-
sion, planned unit development or site plan application.
(c) The following standards shall be used in evaluating subdivisions and site plans:
(1) To the extent practical, site design shall preserve significant woodland areas.
(2) Shade trees of six (6) inches or more caliper shall be saved unless it can be demon-
strated that there is no other feasible way to develop the site.
(3) The city may require the replacement of removed trees on a caliper inch per caliper
inch basis. At minimum, however, replacement trees shall conform to the planting
requirements identified in division 4 of this article.
(4) During the tree removal process, trees shall be removed so as to prevent blocking of
public rights-of-way or interfering with overhead utility lines.
1253
CftYOF cHANEAssEN
.\ \ 1/4.
-
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 —
(612) 937-1900
MEMORANDUM
TO: Steve Hanson, City Planner —
FROM: Mark Littfin, Fire Inspector
DATE: February 28, 1989
SJBJ: Case #89-3 SUB 89-1 Site Plan Amcon-Empak
The following are Chanhassen Fire Department requirements for
proposed project: —
1. Every dead-end roadway more than 300 feet in length shall
be provided at the closed end with a turnaround accep-
table to the Fire Depart.nent.
2 . Turns in roadways shall maintain the minimum road width
and shall be constructed with a minimum radium of 25 feet
at the inside curb cup and a radius of 50 feet at the
outside curb line.
3 . Parking lot lanes shall have a minimum of 25 feet clear
width between rows of parked vehicles for vehicular
access and movement.
4 . Distances between installed fire hydrants shall not
exceed 300 feet.
5. Approximate fire hydrant locations are indicated on site
plan.
6 . Fire hydrants shall oe supplied by not less than a 6 inch
diameter main installed on a looped system, or not less
than an 8 inch diameter main if the system is not looped
or the fire hydrant is installed on a dead-end main —
exceeding 300 feet in length.
7 . Dead-end mains shall not exceed 600 feet in length for --
main sizes under 10 inches in diameter.
CiTY O F
\ , cHANHAssEN
\ , ,
- l
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
MEMORANDUM
TO: Planning Commission
FROM: Gary Warren , City Engineer
DATE: March 9 , 1989
SUBJ: Site Plan Review for AMCON/Empak, Inc.
File No. 89-1 Site Plan
AMCON Corporation is proposing to develop on Lots 1 and 2 , Block
2 , Chanhassen Lakes Business Park 2nd Addition.
_ This site is fronted by the Chicago Milwaukee St. Paul Pacific
Railroad to the north , CSAH No. 17 (Powers Boulevard) to the
west, and the proposed extension of Lake Drive to the south.
This site is unique in that the City ' s only access to Well No. 4
is across the north and easterly boundaries of the site ( see
attached) . It is therefore critical that access be maintained at
all times for the City during construction and development of
this site.
Site Grading/Erosion Control
It appears that a majority of the site will experience shaping
and/or grading to create the building pad.
Contouring on the perimeter of the site will need to show how the •
site is tied to existing contours. There should be a level area
— of three feet behind curbs for street lights before sloping as
shown on the plans.
The plans do not include any erosion control . This needs to be
addressed thoroughly so proper protection can be provided .
Sanitary Sewer
What type of waste water will be discharged from the site? Would
a monitoring manhole at the right-of-way line be necessary for
waste check by the Metropolitan Waste Control Commission?
Sewer size will be dictated by use. The minimum size would be
six inches .
Planning Commission
March 9 , 1989
Page 2
An 8-inch sanitary sewer will be placed as part of the City ' s
improvement project along the entire length of Lake Drive to —
Market Boulevard. The extension of this sanitary sewer into the
site will be a private line which will be the responsibility of
AMCON Corporation. One stub will be provided for hookup, —
Watermain
An 18-inch watermain exists along the southern border of the pro-
perty . It is presently unknown if this main will be relocated to
the proposed road right-of-way as a part of the City ' s improve-
ment project. If not relocated, sufficient easement will need to
be provided if not already in place where this main exists on the
site. Also, the applicant will not be able to cut or fill over
this main without approval from the City. The extension of this —
watermain into the site will be the responsibility of AMCON
Corporation.
Looping of the watermain for hydrant placement and fire protec-
tion is not provided on the plan set and needs to be addressed.
The plan does not show any watermain valving and, as a minimum, —
the City will require a gate valve at each connection of the pri-
vate watermain system to the City' s public system at hydrants .
In some places along the private watermain system, as much as 18
feet of cover is possible. Proper design of the watermain to
accommodate this extra material burden is necessary.
Storm Drainage
The plans show an 18-inch storm lead from the site . It is —
unknown if this line will carry roof drainage and/or internal
cooling/process water . Additional information is needed to
define the extent of this roof drainage and discharge as it rela-
tes to Lake Susan . The City ' s plans also call for the construc-
tion of a 36-inch storm sewer along the easterly boundary of the
site. Necessary construction and permanent easements shall be
provided. —
If any retention pond and/or outlet structures are necessary for
sediment control on this site, it needs to be coordinated with the _
City ' s storm sewer plans .
All parking lots will need to have concrete barrier curbing to
aid in the collection of storm water as required by City
Ordinance.
More information as to size and direction of parking lot storm —
sewer system needs to be addressed on the plans .
Planning Commission
March 9 , 1989
Page 3
Roadways
A 36-foot wide entry drive should be used for any roads which
will experience truck traffic, consistent with the City ' s commer-
cial/ industrial standards . A detail for these road sections
should be provided.
The driveway north of the building that plans to connect with
CSAtI 17 will need to be a controlled access and necessary permits
from Carver County will be required.
Trails/Walkways
The provision for movement of pedestrian traffic around the
building and grounds has not been addressed.
Construction Coordination
. As noted above, access will need to be maintained at all times to
the City ' s well . Also, construction traffic will not be alloed
to conflict with the City ' s improvement construction. Also, this
property has been looked to as an alternate for providing tem-
porary access to the Lutheran Church of the Living Christ to the
east when the City ' s project prohibits their access from Trunk
Highway 5 .
Recommended Conditions
1 . Revised plans shall be submitted for approval that address
the conditions and discussion contained in this staff report.
2 . An erosion control plan shall be included in the submittals .
3 . Contouring of the perimeter of the site will need to be
shown .
4 . All side slopes greater than 3:1 will need erosion
protection .
5 . Determination of waste water monitoring requirements with the
Metropolitan Waste Control Commission.
6 . Watermain looping and hydrant locations shall be included in
the submittals , including valves .
9 . Information on roof drainage discharge and possible need for
retention pond for wetland pollutant/nutrient loading impacts .
10 . All driveways are to be consistent with the City ' s commercial/
industrial standard details .
Planning Commission
March 9 , 1989
Page 4 _
11 . A typical section of roadway to be shown on plans for appro-
val with concrete curb and gutter throughout the site. —
12 . Necessary County permits for control of access to CSAR 17 at
the northerly access to the site shall be obtained . —
13 . A 35-foot permanent utility easement shall be dedicated along
the easterly lot line of the site for storm sewer purposes .
14 . The plans should address the proper movement of pedestrian
traffic around the building and site.
15 . Access must be maintained for City forces to monitor and
maintain Well No. 4 at all times during construction and
development of this site. —
16 . Construction traffic shall not conflict with the City ' s
improvement project.
17 . If the City ' s 18-inch watermain is not relocated, as easement
shall be provided accross the southwest corner of the site
and any cut or fill over this main shall receive prior City —
approval which will be predicated on proper remedial actions
taken.
Attachment: Map
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:; —
City Council Meeting •,. _tober 24, 1988
•
Mayor Hamilton: You made a couple of good points. I'd like to move on. I
17 think Don has a couple of a good points he can follow up on and then come back _-
to
to Council with a recunnendation. I would move approval of item 1(b) .
Councilman Boyt: Second.
Councilman Horn: Was Barb here during this time? So when you're referring to
these 20 a day, was that during the time period she was here or after she left?
—
Jo Ann Olsen: We average, we get a lot of building permits and I sign off on
them.
Councilman Horn: And you're doing them all? -
Jo Ann Olsen: I have been.
Mayor Hamilton: I think it isn't any mystery that we're understaffed in the
planning department. It's been that way for quite a long time and I think it
was brought to everyone's attention more than once. —
Mayor Hamilton moved, Councilman Boyt seconded to approve the Wetland
Alteration Permit for the created of a pond in a Class B Wetland, 1200 Lyman —
Blvd., Brent Miller pursuant to the City Manager's recommendations. All voted
i.n favor and the motion carried.
-;<f _•I (D) ROS EMOUNT, INC., OUTLOT A AND LOT 1, BLOCK 1, CHANHASSEN LAKES BUSINESS
_. --(j PARK THIRD ADDITION.
—
Councilman Boyt: I called Lori today and I just talked to Todd before the
meeting. If I had more time, I might have been able to straighten out an
understanding of what happened here but the reason I called it to our attention —
is that I'm concerned when we have 87 acres that we're looking at and we end up
with 2 acres of valuable parkland. I'm glad we got those 2 acres but we have 87
acres of development and we're netting about $12,1700.00 in park fees plus 2
acres of land and that does not seem to me to be reasonable. We should be
getting either more land or more money.
Councilman Geving: I think you have to understand though that this was all part —
of the negotiations with Rosemount and I think getting the 2 acres for the
industrial park for the people that work at Rosemount and will be working at
Rosemount is still a good deal. Plus the money that we're going to be getting —
in dedication fees. I wasn' t involved i.n the negotiations but I suspect that
there was a point in which, at any point Rosemount could have pulled out if we
had suggested that we wanted either more parkland or more dedication fees so we
were right to the limit of what we were going to negotiate with. I think that's —
why we got the 2 acres and the $12,000.00. I feel strongly that our negotiating
team did a very good job. I don't feel bad that 2 acres because you've got to
remember, this is not residential. The people who are going to be using this —
area are people who are going to be taking their lunch breaks. There are going
to be people also who, a few from the community using that park shelter down
there. .2 ares is quite a bit of land. I think we made a good deal. —
3 —
41kCouncil Meeting - ber 24, 1988
Mayor Hamilton: Did you have anything else Bill? I didn't know if you were
finished.
Councilman Boyt: Well, yes. I do have more. I would argue that the boat
launch that we're getting is certainly a nice thing to have for the community
and it's certainly an improvement over putting it through the trees which would
have been the other alternative but when we're talking about 600 employees,
we're talking about heavy use on city parks. We've got a development here that
I think we're all happy to have in town. I think that they should look at how
they can be contributing more to the costs that we have in operating those
parks. I would like to see, is there anyone from Rosemount here? Okay, I guess
what I'd like to see happen is, since you're going to have 30% of your property
covered with some sort of hard surface, which is basically what you're limited
to, and I would imagine you're going to be grading a good bit of that property.
Is that a reasonable assumption? What I'd like to have a commitment to is that
when you're doing that, you'll build some ballfields out there. It's still not
impervious surface so you get the greenspace credit and the community and your
• employees get some fields to play on. That would seen like a reasonable
approach.
Rosemount Representative: We approach all of our sites...
Councilman Boyt: So you'd be open to putting those in when you developed?
Rosemount Representative: Yes.
Mayor Hamilton: Anything else Bill?
•
Councilman Boyt: No.
Councilman Horn moved, Mayor Hamilton seconded to approve Rosemount Inc., Outlot
A and Lot 1, Block 1, Chanhassen Lakes Business Park Third Addition: (1)
Preliminary Plat to subdivide 87.3 acres into 5 industrial office lots and two
outlots; and (2) Final Plat pursuant to the City Manager's recommendations.
All voted in favor and the motion carried.
W16 (H) SITE PLAN REVIEW AND CONDITIONAL USE PERMIT REQUEST, FOR OFFICE/WAREHOUSE
FACILITY AND OUTDOOR STORAGE, CHANHASSEN LAKES BUSINESS PARK, LAKESHORE
EQUIPMENT.
Councilman Boyt: I just had one comment. They've discussed putting in a 8 foot
wooden fence but in our conditions we didn't reference to that. We just said
put in an opaque fence. There's a lot of opaque fencing I wouldn't be happy
with so I would like to see us, under Council recommendations on page 3 of the
staff notes, add that the fence under item 1 where it says, must be totally
screened with an 8 foot wooden fence. I'd like to see that added.
Mayor Hamilton: I've seen wooden fences that aren't nearly as attractive as a
lot of other types of fences. They tend to fall apart.
Councilman Boyt: Well, it's going to have to be maintained.
4
-,
2i®
Design • Construction • Construction Management
March 1, 1989 —
City of Chanhassen
Attention: Mr. Steve Hanson
RE: Proposed Corporate Office
Production Facility for Empak
Dear Steve: —
This letter is in response to the seven items on our submittal wnicn you questioned durinc
our phone conversation last week. In the following, I have numbered the items and •
provided an explanation or clarification as appropriate.
1. Trash Enclosure - All trash for this facility will leave the building near the —
northeast corner of the buildino. The trash compactor provided at that point will be
the type that has an enclosure to prevent blowing of trash out of the container.
2. Screening of Roof Top Equipment - The approach roads that corder the
property are at an elevation that puts the roof top units, on the office portion of the
building, a: an elevation that would prevent them from being seen. We would be
able to provide drawings that can represent the actual conditions. We propose to
paint the un::s with a color that would be complimentary to the trui!ding.
3. Signage - Signage will include corporate identification on the exterior wall of
the building and a low monument sign near the south entry to provide direction for —
visitors.
4. Lighting - The front parking area will be illuminated by pole mounted "shoe
box"type fixtures which will keep light from spilling out onto the street. The rear lot
and loading are to be illuminated by wall mounted type fixtures. Exact type and
quantity have not been determined at this date.
•5. Hazardous Materials - The anticipated production mode for this facility utilizes
no hazardous matenals.
CITY OF CHANHCCEN
R' ' �
200 W. Hwy. 13 • Burnsville, Minnesota 55337 • 612-890-1217
Denver • Milwaukee • Minneapolis • Phoenix CHANHASSEN PLANNING DEI .
6. Adjacent Property Owners - I will be compiling this list on Wednesday, Mar.1,
with the assistance of City Staff.
7. Lot Consolidation - With this letter I have submitted 28 copies of a preliminary
plat which combines lots 1 & 2 and vacates the appropriate easement. As we
discussed, it is anticipated that this plat can be reviewed and acted upon at the
same planning and council meetings that our site plan is reviewed at.
Please call me if there is additional information that you would like. Thank you for your
assistance in this matter.
Sincerely.
AMCON CORPORATION
/d-W1(74,
Todd Christopherson, P.E.
Project Manager
LAND DEVELOPMENT APPLICATION
CITY OF CHANHASSEN
690 Coulter Drive
Chanhassen, MN 55317 —
• (612) 937-1900
APPLICANT: OWNER:
ADDRESS ADDRESS
Zip Code Zip Code
TELEPHONE (Daytime ) TELEPHONE
REQUEST:
Zoning District Change _ Planned Unit Development•
•
Zoning Appeal Sketch Plan
Preliminary Plan
Zoning Variance Final Plan•
•
Zoning Text Amendment Subdivision
Land Use Plan Amendment Platting
Conditional Use Permit Metes and Bounds •
Street/Easement Vacation —
Site Plan Review
Wetlands Permit
PROJECT NAME
PRESENT LAND USE PLAN DESIGNATION
REQUESTED LAND USE PLAN DESIGNATION
PRESENT ZONING
REQUESTED ZONING
USES PROPOSED —
SIZE OF PROPERTY
LOCATION
REASONS FOR THIS REQUEST
LEGAL DESCRIPTION (Attach legal if necessary)
/ fir f- �
— . City of Chanhassen
Land Development Application
Page 2
FILING INSTRUCTIONS :
—
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
filing this application , you should confer withvthe oCity Planner
to determine the specific ordinance and procedural requirements
applicable to your application .
FILING CERTIFICATION:
The undersigned representative of the applicant hereby certifies
that he is familiar with the procedural requirements of all
applicable City Ordinances . .
•
Signed By
—
Date
Appiicant _
•
•
The undersigned hereby certifies that the applicant has been
authorized to make this application for the property herein
— described ,
—
Signed 3y
Fee Owner Date
_ .. Date Application Received --;)- ---44;7
Application Fee Paid . t ou
City Receipt No. --, �4'- `i 11 ,
.* This Application will be considered by the Planning Commission/
Board of Adjustments and Appeals at their
meeting ,
•
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CITYOF
_, 0 CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
MEMORANDUM
TO: Planning Commission 3_8_i c�
FROM: Stephen Hanson, Planning Director t7r
-
DATE: March 6 , 1989
SUBJ: Contractors Yards
As you are aware, staff requested input from City Council on this
_ item at their regular meeting of February 13 , 1989 . There was a
concensus at that time to eliminate contractors yards as a con-
ditional use in the A-2 District, unless a time limit would be
placed on the conditional use. If the latter was possible, then
the City Council was split between elimination and allowing "mom
and pop" operations for a limited time period.
The City Attorney has advised us that time limits may not be
imposed on conditional use permits. It is his opinion, however,
that a time limit could be placed on contractors yards by
licensing them. This is noted in the attached letter from Roger
Knutson dated February 20, 1989. As noted in his letter there is
a concern liith the practicality of closing down a business in the
future. If the Commission wishes to pursue allowing contractors
yards as a licensed use, staff would recommend a thorough review
of the procedure, enforcement, time limit, standards, and
evaluation of the termination method for licensing.
At this time contractors yards are only allowed as a conditional
use in the A-2 , BF and IOP Districts . The Planning Commission and
City Council have identified concerns with the allowance of
contractors yards in the A-2 District.
RECOMMENDATION
Staff recommends the Planning Commission set a public hearing to
consider an amendment to the City Code to delete the following
sections from the Zoning Ordinance:
Section 20-574, Subd. ( 6 )
Section 20-255
Planning Commission
March 6, 1989
Page 2
ATTACHMENTS
1 . Letter from Roger Knutson dated February 20, 1989 .
2 . Copy of Sections of Code showing changes .
3 . Planning Commission minutes dated February 1, 1989 .
4 . City Council minutes dated February 13, 1989. —
5 . Memo from Mark Koegler.
LAW OFFICES
GRANNIS, GRANNIS, FARRELL & KNUTSON
Aims
DAVID L. GRANNIS- 1874-1961 PROFESSIONAI.ASSOCIATION TELECOPIER.
DAVID L. GRANNIS,JR.- 1910-1980 POST OFFICE Box 57 (612)455-2359
403 NOR WEST BANK BUILDING ELLIOTT B. KNErscH
VANCE B. GRANNIS
MICHAEL J. MAYER
VANCE B. GRANNIS.JR• 161 NORTH CONCORD EXCHANGE TIMOTHY J. BERG
PATRICK A. FARRELL
DAVID L. GRANNIS,III SOUTH ST.PAUL,MINNESOTA 55075
- ROGER N. KNUTSON TELEPHONE(612) 455-1661
DAVID L. HARMEYER
•AIsoADMITTED To February 20 , 1989
PRACTICE IN WISCONSIN
— Mr. Steve Hanson
Chanhassen City Hall
690 Coulter Drive, Box 147
Chanhassen, Minnesota 55317
RE: Licensing Contractor' s Yards
Dear Steve:
You asked me if the City could put time limits on
contractor' s yards by licensing them. There is a reasonable
chance that this procedure would work. Minn. Stat. § 462. 3595,
Subd. 3 prohibits putting time limits on conditional use permits.
No such prohibition exists with regard to licensing.
There is no specific authority to license contractor ' s
yards. Minn. Stat. § 412.221 Subd. 32 does, however, authorize
the City to act to protect the "general welfare". The Supreme
Court has ruled that this is sufficient authority for many
licensing ordinances. The City should not, however, underestimate
the difficulty of closing down an existing business. If the
business is accessory to a single family home, and if the
investment is modest, closing the business would be easier. If
you wish to pursue this, let me know and I will draft the
necessary ordinances.
Very truly yo s,
GRA GRANNIS, FARRELL/
KNUT , A.
BY:
N. Knutson
RNK: srn
FEB 2 2
CITY OF CHANHASS1989EIy
20-1 CHANHASSEN CITY CODE
Church means a building or edifice consecrated to religious worship, where people join
together in some form of public worship under the aegis and direction of a person who is
authorized under the laws of the State of Minnesota to solemnize marriages. A church may
include living quarters for persons employed on the premises and classroom facilities. The
following are not considered as churches: Camp meeting grounds, mikvahs, coffee houses,
recreational complexes, retreat houses, sleeping quarters for retreatants during spiritual
retreats extending for periods of more than one (1) day. Bible camps with live-in quarters,
publishing establishments, ritual slaughter houses, radio or television towers and transmis-
sion facilities, theological seminaries, day care centers, hospitals, and drug treatment centers
are not churches.
Class A wetlands means wetland types 3,4,5,6,7 and 8.In the case of wetlands adjoining
a public waters designated as lake or pond this class shall also include type 2 wetlands.Type 2 _
wetlands shall also be deemed a class A wetland when adjoining a stream designated as public
waters to the extent that it encroaches upon the one-hundred-year floodplain of the stream.
Class B wetlands means type 2 wetlands not adjoining a public waters designated as lake -
or pond nor within the one-hundred-year floodplain of a stream designed as public waters.
Clear-cutting means the removal of an entire stand of trees.
Collector street means a street that carries traffic from minor streets to arterial streets.
Conference/convention center means a preplanned, centrally managed development con-
taining facilities for business or professional conferences and seminars and containing ac-
commodations for overnight lodging,eating and recreation. The development is characterized
by architecturally integrated buildings, common use of parking areas, and incorporation of
passes recreational amenities into overall site design.
Conforming building or structure means any building or structure which complies with
all the regulations of this chapter, or any amendment thereto. _
Contractor's yard means any area or use of land where vehicles, equipment, and/or
construction materials and supplies commonly used by building, excavation, roadway con-
struction, landscaping and similar contractors are stored or serviced. A contractor's yard
includes both areas of outdoor storage and areas confined within a completely enclosed
building used in conjunction with a contractor's business.
Cul-de-sac means a minor street with only one (1) outlet and having an appropriate
turn-around for the safe and convenient reversal of traffic movement.
Day care center means any facility or home where tuition, fees or other forms of compen-
sation is charged for the care of children and which is licensed by the state as a day care
center.
Density, gross means the quotient of the total number of dwelling units divided by the
gross site area.
Density, net means the quotient of the total number of dwelling units divided by the
developable acreage of the site. Developable acreage excludes wetlands, lakes, roadways, and
other areas not suitable for building purposes.
1144
ZONING § 20-575
(3) Private stables.
- (4) Swimming pool.
(5) Tennis court.
(6) Signs.
(7) Home occupations.
111 (8) One(1)dock.
(9) Roadside stand.
(10) Private kennel.
(Ord. No. 80, Art. V, § 3(5-3-3), 12-15-S6)
— Sec. 20-574. Conditional uses.
The following are conditional uses in an "A-2" District:
- (1) Bed and breakfast establishment.
(2) Temporary mobile home(compliance with section 20-905 is not required)-
- (3) Mineral extraction. ,
r (4) Cemetery. •
- (5) Commercial kennels,stables and riding academies.Vt.LErE. (6) Contractor's yard.
(7) Commercial communication transmission towers.
(8) Wholesale nursery.
(9) Electrical substation.
(Ord. No. 80, Art. V, § 3(5-3-4), 12-15-86)
State law reference—Conditional uses,M.S. § 462.3595.
Sec. 20-575. Lot requirements and setbacks.
The following minimum requirements shall be observed in an "A-2" District subject to
additional requirements, exceptions and modifications set forth in this chapter:
(1) The minimum lot area is two and one-half(2''_)acres, subject to section 20-906.
(2) The minimum lot frontage is two hundred (200) feet, except that lots fronting on a
cul-de-sac shall he two hundred(200) feet in width at the building setback line.
—
(3) The minimum lot depth is two hundred(200)feet.
(4) The maximum lot coverage is twenty(20)percent.
_ (5) The setbacks are as follows:
(....,
a. For front yards, fifty(50)feet.
1205
ZONING § 20-256
(2) The structure must be in compliance with local building and fire codes.
(3) The site will be reviewed annually through a public hearing process.
(4) Septic systems must be in compliance with chapter 19, article IV.
(Ord. No. 80, Art. V, § 9(5-9-1(2)), 12-15-86)
Sec. 20-254. Commercial kennels, stables and riding academies.
The following applies to commercial kennels, stables and riding academies: —
(1) The structure must be in compliance with chapter 5, article III.
(2) The site must be located on a collector street.
(3) The structure must be a minimum of two hundred (200) feet from wetland area.
(Ord. No. 80, Art. V, § 9(5-9-1(3)), 12-15-86) —
ti• . 20-255. Contractor's yard.
The • lowing applies to contractor's yards:
.0 (1) The mi ' urn lot size is five(5)acres. —
(2) All storage an• •ard areas as well as buildings must be set b. • one hundred(100) _
feet from public of private road right-of-ways and five h dred (500) feet from an
t)�GfL adjacent single-family • idence.
(3) The site must be located alo a collector o minor arterial as identified in the _
comprehensive plan.
(4) All outdoor storage areas must be . ple • screened by one hundred(100)percent
opaque fencing or berming. —
(5) No two(2)contractor's •.rds shall be located within a •e ll) mile of each other.
(6) Hours of operat.: shall be from 7:00 a.m. to 6:00 p.m., v • •day through Saturday
only, work • Sundays and holidays not permitted.
(7) Lig ources shall be shielded.
(:. i o outside speaker systems are allowed.
(1 :. No. 80, Art. V, § 9(5-9-1(4)), 12-15-86)
Sec. 20-256. Commercial communication transmission towers.
Commercial communication transmission towers not designed to collapse progressively
shall be set back from all property lines a minimum distance equal to the height of the tower.
(Ord. No. 80,Art. V, § 9(5-9-1(5)), 12-15-86)
1173
Planning Commission Meeting
_ February 1, 1989 - Page 15
ir
back and use your energy to better use?
Hanson : Some cities , to handle this type of a thing , would set up what
might be called an adminstrative plat or a minor plat or whatever . It
would be handled more or less as a consent item. In the case of this
where it' s fairly straight forward and it wouldn' t make any sense not to
approve it once you approved the site plan because they couldn' t build the
building now.
Headla : We' re going through stuff where you' re just using your energy
where it could be probably better used. In the future if you could guide
us on something like that.
Hanson: We would have had this coming with the site plan previously but
there was a delay in getting the plat document available when the site
plan was because it was something we turned up when we were reviewing that
so it threw us off two weeks .
Conrad : David , it is a public hearing which we have to have. Have the
floor for a public hearing and we need the staff to make this up.
- Headla : I just had a question , is there some way to avoid that? This
particular type of set up.
Conrad : I don' t know if we could figure out the rules .
Emmings: I think we want to try and have this folded into the site plan
so we do it all at once and that would pretty much take care of your
objection I think.
- Ellson moved, Emmings seconded that the Planning Commission recommend
approval of Preliminary Plat Case #89-1 based on the plans stamped
"Received January 11, 1989" subject to the following conditions :
1. Final approval of the site plan for Ver-Sa-Til by City Council .
All voted in favor and the motion carried .
APPROVAL OF MINUTES: Headla moved, Ellson seconded to note the summar of
Minutes of the Planning Commission meeting dated January 18 , 1989 as
presented. All voted in favor except Batzli who abstained and the motion
carried .
OPEN DISCUSSION: CONTRACTORS YARDS .
- Hanson: I had hoped that we could just have a general discussion of it .
I wanted to give you somewhat of a comparison between the contractors
yard , the conditions that apply to it as it is now versus what Mark has
included in his recommendation and that staff report and I believe that
that ' s on the , it might be the third page of his . I don ' t have the first
Planning Commission Meeting —
February 1, 1989 - Page 16
page. The part I 'm looking at is actually the fourth page. On item, it' s
numbered 2 and the differences between what he has there and what' s
presently in the Code. First of all , the minimum lot size has changed —
from 5 acres as it is presently and increased up to a 10 acre minimum lot
size for a contractors yard . (b) , that ' s what is in the ordinance now.
(c) is what's in the ordinance at this time. (d) is a new section —
limiting the total square footage for the storage buildings. Presently
there' s no limitation on that. Then (e) is a change and the first
sentence there is new. That outdoor storage areas shall be limited to 500 _
square feet in total area. Under the present ordinance, there' s no
limitation on that outdoor storage area . Then, hours of operation are the
same. Light sources is the same. Outdoor speaker systems are the same.
The last section is a new section that all vehicles and equipment relating —
to the contracting shall be stored within the building or within a
screened area so that it' s clear that those have to be non-visible from
other areas. Then there' s one section under the present conditions that _
has been deleted under this proposal and that ' s the requirement on the one
mile separation between contracting yards . That ' s not included in the
proposal that Mark had prepared . There' s a graphic up here that I 'd just
like to point out a few things on this because we talk about this —
agricultural area . The A-2 area is really everything south generally of
that line so it' s this area in here. The green areas are essentially open
fspace areas . Areas committed to , a golf course down here and the —
Arboretum. The area shown in the yellow are for the most part, subdivided
areas with 2 1/2 acre lots or more in some parts and also some odd parcels
that are less than 10 acres. . . .couple areas that would not be available _
for . . . The red areas on here are existing . . . There is the one mile
restriction left in. In looking , this is approximately a mile. You ' re
looking at some slivers in here that would not be covered by one mile
radius . . . so if that one mile limitation is left on there, I think there
are only a half dozen parcels that would be available . . . The area that ' s
shown in orange on there are nurseries. Again, there' s been some
discussion on whether a nursery is a contractor ' s yard . . . The couple —
other areas that are noted on here that have conditional use permits . . .
Hidden Valley extraction plant down here . An electrical substation here
and driving range here. We also have a couple contractors yards up in
here that are not in the A-2 district . They were approved prior to that —
limit so they were grandfathered in. . . My reason for going over that is
simply just to provide some background and a jumping off place if you will
on what the Planning Commission is looking at . One of the things too, I —
think we had talked about briefly when Tim had asked about where the
contracting yards were and where it was sitting. The old Council had
looked at this and looked at the recommendation from the Planning _
Commission and Mark' s report and essentially it was a 4 to 5 decision at
that point in time. There was no formal recommendation but saying , yes ,
the Planning Commission should proceed with that . There was some
discussion whether they should wait for the new Council to take their —
position and look at that. When I went back to the Minutes, they
basically said no, let ' s take it back to the Planning Commission .
Probably should have brought that back earlier than now but I wanted to —
get it back before you and see what direction you wanted to take as far as
looking at some type of an amendment and the time frame you want to look
at as far as setting up public hearings.
Planning Commission Meeting
February 1, 1989 - Page 17
1
Conrad : Does anybody, with taking a look at Mark ' s recommendations ,
should we be pursuing this right now? Contractors yards aggressively?
Batzli : A zoning change?
Conrad: Yes .
Emmings : I don ' t know. Wouldn ' t the thing to do be just to schedule a
public hearing? We don' t have to stake out a position on this until , I
don' t think we want to until after the public hearing .
Conrad: I don ' t know if it' s, to have a position. I think it' s our role
to float this in front of the public. I guess the only, see if anybody
cares . The only ones that are going to show up are the contractors but I
think it' s our goal to do that .
Batzli : There might be a couple people next to some contractors .
Conrad: Possibly, yes .
Emmings: I think we should pursue it . I think it' s one of the things
we' ve been wanting to get at.
Conrad : Basically when I went through the Minutes of City Council , other
than Hamilton, everybody else felt comfortable going ahead with it.
Basically going to a less intensive use of some sort. I don ' t know if
I read a consensus to get rid of it but certainly a less intense use I
sure heard . I think what I read here, in Mark' s is certainly getting us
to a less intense use. The question is, do we send it back to City
Council or do we go ahead with it? My reading , we don ' t know where the
new Council is. On the other hand, we certainly can go ahead on our own .
It' s a question of whether we bounce it back up to them for another shot
at it, see if the new Council ' s interested or if we just go ahead
ourselves .
Headla : I 'd like to see what the new Council has to say. Send up a trial
balloon and see how they respond.
Conrad : Basically what you say Dave is , let ' s take Mark' s comments here
and pass it up for an informational item as soon as we can schedule it and
see if the Council has any comments or a different set of direction but
noting the fact that we want to schedule a public hearing and are
interested in any comments they may have.
Emmings: We' re playing a lot of tennis with this thing. Couldn' t we just
say that we'd like to have a public hearing set up on this unless the
Council disagrees or unless the Council feels like we shouldn ' t proceed?
That way it doesn ' t have to come back. They can just go ahead and set it
—� up.
Erhart : The other thing is, that after the public hearing , it still goes
to Council anyway.
Planning Commission Meeting —
February 1 , 1989 - Page 18
Conrad : But it ' s always nice to incorporate new thoughts in before .
Emmings: With 3 new members, I think it would be good. Give them a veto
on it . Just say, let ' s go ahead . Let ' s set up a public hearing unless
they think we shouldn' t.
Hanson : Are you thinking that we would go ahead and incorporate Mark ' s
recommendation?
Conrad : That' s my next. Yes . —
Headla : I 'd like to throw out something for discussion to see what you
think about making an addition to that. It' s a very difficult thing to —
measure but we don ' t talk about noise at all but when somebody comes here
to talk about contractors yards , noise, I think it' s been brought up every
single time . It was brought up again tonight . Remember the Lyman Lumber? _
One of the big objections was the noise. Lyman was very responsive to
that but I 'd like to see us , whether we need guidance on how in the world
you can even word it to make it meaningful because I really think you
ought to talk about some type of noise control . The contractors yard near —
me, I can' t complain about, that' s get noisy once i.n a while during the
day. That part isn ' t bad but I think at times it can be excessive in some
of these places and we should have some way of controlling it .
IL,
Emmings : Steve , do you ever deal with contractors yards a great deal in
your background?
Hanson : No , because we didn ' t allow them in the agricultrual areas , in
all honesty. We looked at them as an industrial use. Have a different
license for them. —
Conrad : Dave, I buy your idea on noise but I don ' t know how you write
something .
Headla : I bet 5-10 years ago , we would have responded the same way when
you say, what do you do for sight? How can you measure and somebody says ,
well , let ' s put up a big fence . Those were new words at one time . I —'
think maybe we should have new words for the sound nuisance.
Emmings : I think they' re restricting the hours of operation . That ' s what —
that was getting at.
Headla : It can be a big benefit . I think that ' s one of the primary
reasons that was put i.n there in the old ordinance.
Batzli : I think with larger sites , a 10 acre site, you ' re going to have
less noise as well unless they take up the whole site. The point is, that —
here it ' s a much less intensive use . They don' t have, 500 square feet of
outdoor storage is nothing .
Hanson : One thing I hadn ' t mentioned there. Item 1 on that page with
those changes , is a modification of the definition to a contractors yard .
What it clearly does is it makes that contractors yard an accessory use to
Planning Commission Meeting
February 1, 1989 - Page 19
the individual living on the property. That ' s a major deviation from
where we are now.
Headla : That in itself can help quite a bit .
Conrad: Any other recommendations in terms of what' s in front of us here?
Batzli : If we change the definition of contractors yard , do we currently
allow them in the IOP? So you really can' t change the definition of
contractors yard up at the front of this section.
Hanson: Good point .
Batzli : We' re going to have to call it something else .
Ellson: There's your junk yard. There' s the definition of junk yard
maybe.
Batzli : I think there has to be an easier way unless we just, I don' t
know if we can do it in the definition section to define it one way for
one district and another way for another . That would be easier than
trying to amend a bunch of different sections .
r Emmings : We can face that after we decide what we' re going to do because
I guess what we ' re looking at , if we' re going to make it less intense,
we' re either going to say there aren ' t going to be any in which case we
can just leave it alone. Leave the definition alone because it will still
fit in the IOP. If we take that route , we don' t have that problem. It ' s
only if we take the second choice of saying it' s going to be an accessory
use. Then we' ve got the problem. We can figure something out then
I suppose.
Hanson: One place where we might try to define that is , presently you
have standards for a contractor ' s yard in the agricultural and residential
districts . You have a group of those districts and then under the
industrial it' s also a conditional use. They are separate criteria in
that part of the conditional use regulations so it could be defined
differently to cover it in that area .
Batzli : That would be a good way to handle it .
Erhart: Ladd, are you looking for comments as to how we should, what ' s
the next step?
Conrad : Additions to what Mark, do you see anything that we want to
change as we pass this up to City Council for a veto or as we set Steve
forward to set up a public hearing . Do you see any other changes in this?
— Erhart: Do you normally go to a public hearing with just general
k_ comments? Do you go out with a specific plan of this is what we want to
pass? I guess we assumed that we were going out with specifics on a
public hearing .
Planning Commission Meeting
February 1, 1989 - Page 20
Z7
Hanson: We need to have a draft, if you will .
Erhart : Okay. Then it seems to me that we have to decide either between
the plan that Mark is recommending, which is the elimination of
contractors yards in the A-2 district or the alternative which is we feel
that we have to allow them someplace even though nobody else does. Then
we have to pick that one .
Ellson : I thought we already decided . That ' s why we passed it up to City _
Council. I thought we had this discussion. We all pretty much said no in
the A-2.
Erhart : That we were going to eliminate them? —
Ellson: Right. And then we went up there and they got some comments and
now it' s back here.
Erhart : So then we' re not really considering the alternative?
Emmings : But don' t we want to have, let people comment on both of the —
things that Mark has laid out somehow? Maybe we ought to have a public
hearing on . . .
Ellson : We' re kind of wishy washy then .
Erhart: Don' t get me wrong. I 'm just for eliminating and my question, I _
was just wondering where we were going .
Emmings : We can have a public hearing on a proposal to eliminate them in
the A-2 or have a public hearing on a proposal to deintensify their use or —
eliminate them. I guess I don' t know if we have to have. . .
Conrad : We have to have something to react to. —
Emmings: But if we say, we want to have public comments on a proposal to
eliminate them in the A-2, then how will people see this alternative plan
of Mark' s so they could comment on it?
Conrad : They won ' t .
Emmings : But don ' t we want to hear what they' ve got to say about that?
Conrad : Unless we do it through a staff presentation. Unless we float _
the elimination up there by staff for the public that shows up. They can
comment on the alternative that we looked at.
Hanson : The other thing you could do is have, rather than a formal public —
hearing, to talk about the two different options but to still try to
generate some interest is to have a workshop type or just have it on the
agenda as a discussion item that we would advertise. Then get some public —
input and then do a formal public hearing on one of the alternatives .
We' ve got to publish the amendment to the ordinance for the public
hearing . I 'd rather not publish two because I think it ' s going to be . . . —
Planning Commission Meeting
February 1, 1989 - Page 21
r
Ellson : I would agree to do something like that if we were split but we
were pretty much all together. Why would we want to present it any other
way? We were all for eliminating them. Why would we even bring it up?
Not that we ' re trying to outsell ourselves but we already feel strongly
this way, and granted they can come forward and say no, I like my
neighbor . He has a neat contractors yard or what have you and maybe that
will open our minds later to the other alternative but right now, we ' re
all voting this way and we sent it forward and now you look like you' re
maybe changing your mind .
Erhart : That is a point . If we did get a lot of negative response at a
public hearing to eliminate them, then you could always go back and come
back with the alternative.
Emmings : On the other hand , just looking at it from the other side,
you ' re saying, we've got two proposals in front of us . We' ll only show
the public this one so they can comment on it and we' ll keep the other one
behind our back. I don ' t know, the whole idea of the public hearing it
seems to me is to get . . .
Ellson : But this one is the most drastic . So if we get a lot of
negative, then we can pull out the happy medium.
1•
_ L Batzli : I think we should have Ladd write a lengthy letter to the editor
explaining the differences between the two plans .
Conrad : I ' ll do that tonight .
Batzli : No, but I agree . I think we kind of made the decision that we
don' t like them in somewhat of a vaccum in that we haven ' t been reported
in the local paper recently and I don' t think the public comes in and
reads our Minutes. I would prefer to present both. If we have an option
and it ' s going to slow it down by a week or two, I 'd rather do that . If
the public' s interested , they can come in.
Headla : But how do we get to the public to get them in?
Batzli : But they have the option .
Emmings : That ' s right . All you can do is provide the opportunity. You
can' t make people come in and comment because we' ve held a lot of public
hearings where all we had were crickets .
Headla: But if you can give them the option , give them the option. You
can tell them, just come here and read the Minutes or you can give them a
plan. I think you ' ve got to be more up front with them and say, hey we
want to talk about contractors yards .
Emmings: I guess the only question is how aware you want to make them of
the two options that we looked at .
Planning Commission Meeting —
February 1, 1989 - Page 22
1'
A
Headla : I think Steve should come in at the next meeting with a plan .
What we should publish at this public meeting .
Conrad : When we passed this up, we asked City Council for their comments .
I didn' t read their comments to say get rid of it altogether . That' s not
what they said. So what you ' re doing is , we passed it up to you folks but —
we' re going to go off and get rid of them altogether. Dave, you didn' t
say that . You like the small ma and pa , as I recall .
Headla: Yes , definitely.
Conrad : So the question is , do we want to , it' s sort of go back and study
it some more Planning Commission and here we' re saying , we thought about
it again and we' re going to go out and have a public hearing eliminating
them. Steve, you ' re saying , let ' s get more comments .
Batzli : I don' t even know if he ' s saying that. He' s saying let ' s see if
there are any comments . I don' t think there will be any but I 'd like to
see somebody have the opportunity.
Conrad : I don ' t think we' re in sync with what the City Council is saying .
Or at least the past City Council .
( Batzli : By saying that?
Conrad : Based on our attitude right now, I don ' t think we' re in sync with _
what they' re thinking.
Emmings : What if we advertise a public hearing as a public hearing on the
adoption of an ordinance amendment to eliminate or restrict, pose it in
the alternative, contractors yards in Chanhassen. Just hold that public
hearing and if you want to, publish a proposed amendment to eliminate and
a proposed amendment to restrict so they can read all that and comment on
all of it. Can we do it that way? In the alternative? Because it seems
to me that that would , if anybody' s going to comment , that ' s going to fire
more people' s imagination than just something real short that says we want
to eliminate them.
Headla : I like your point Steve but I think we should have a brief
definition of contractors yard because I don' t know what you would —
consider a contractors yard and my wife ' s definition might be quite a bit
different .
Conrad : If we want to get people' s input , I think we' ve got to get Steve
to float the story over to the Villager . That ' s the way to get any kind
of background rather than through a public notice.
Hanson: I think if you' re wanting to create people' s interest, publish
that you' re eliminating contractors yards .
Emmi.ngs: That would grab the attention of the contractors yards folks but
if I 'm a neighbor to one , I may see it as an opportunity to get it done
but I also may think, it looks like it' s done. I guess it depends on, do ,_
Planning Commission Meeting
February 1, 1989 - Page 23
—C
we hold a public hearing because we' re obligated to or because we want to
get some comments? I think the more you put out there, the better chance
you' ve got of getting a better input if they see that the thing is up in
the air. I don' t think many people will show up other than people who
- have them.
Conrad : Just the contractors and a few people that might get notified .
That receive the notification that live close by.
Erhart : I think you' re going to get frustrated trying to get a lot of
comment on it. I suggest we simply look at it from a pure planning point
of view which is the way Mark has looked at it and I think your history
has looked at it . Our stated goal i.s to eliminate intrusive uses and I
think it' s clear that this i.s an intrusive use in the agricultural and
residential area. I 'm not against getting public opinion but I think in
this case , since it' s only directed at such , the real focused issue is
only going to be on those contractors , it ' s the only people you' re going
to get up here . I 'm not too sure we ' re going to accomplish what we' re
trying to accomplish. I 'd be more inclined, if you' re uncomfortable Ladd
that we' re not in line with the current Council that is opposed to going
out with a vague thing, that we go back to Coucil and get their opinion .
I just don ' t think we' re going to get that much out of the public hearing
process.
r
Conrad : I agree . I think we' re going to get nothing .
Erhart: If you' re uncomfortable, let' s go back to the new Council .
Conrad : What I 'm saying is , we sent it up the first time to get their
input. We got their input that said, reduce the contractor ' s yards but
they didn' t say eliminte them. When I say reduce , reintensify contractors
- yards is what I read their minutes to say except for Tom Hamilton. Yet
what Mark says , to get rid of them altogether and I guess with a new
Council I guess I 'm just more interested in feeding them back to them
right now. Getting their comments and then take to the public either one
or the other options. I think the public is , in this case, I don' t think
we' re going to get a lot .
- Emmings: You can pretty well anticipate that. Right? It would be
surprising to hear anything new.
- Conrad : The contractors will be irritated and they' ll be here . The
public thinks it' s probably a benfit so they don ' t have anything to lose
and everything to gain and they probably won ' t show up . If we think it ' s
a deal that they should show up, then I think we should make an effort to
floating the story in the Villager . What do you want to do?
Hanson: In light of the decision made on the earlier extension of the
- contractors yard in the BF district, we haven ' t talked about that. I 'm
not sure if the Planning Commission would want to include the BF district
also or do we want to just talk about the A-2 district? I heard a lot of
- what some of you were saying is that is probably not an appropriate use in
that location. That causes me to say, well maybe we ought to be , I don ' t
Planning Commission Meeting _
February 1, 1989 - Page 24
r
want to say let ' s open Pandora ' s box but on the other hand , I 'm also a
little leary about do a little amendment here and do a little amendment
in a couple more months for something else . I tend to fall back and say, —
I 'd like to look at it more comprehensively if we can without saying ,
let ' s spend 6 or 8 months rehasing a bunch of things . I guess the
contracting yard in the BF district is one thing some consideration ought —
to be given to. The other thing that we' ve talked about on previous
applications is definition between the nursery and the contracting yard .
As far as the type of use that occurs on there. That ' s caused some
confusion for some of those people as well as staff in advising someone —
when they come in on a nursery type application . It' s kind of splitting
hairs in some respects .
Conrad : Don, what do you want us to do? Have you talked this issue with
the new members at all? No chance. Okay.
Ellson : Maybe they should look at it . You' re probably right . It could
be a whole different point of view. I 'd hate to go to the public with our
recommendation and then have it be 100% different than theirs . Ping pong
it back up there again, right Steve. And I think you made a good comment . —
Take a look at everything . Look at that highway and the works instead of
just. . .
r Erhart : I 'd agree . If we ' re going to get more comment from Council , we
ought to include BF.
Batzli : Then we might as well look and see if that thing should be zoned
BF to start with then. Let ' s start with A.
Erhart : That proposal has already been made in a separate series of —
documents .
Batzli : I know it has but nothing ' s happened has it? —
Conrad: We don' t have a good alternative for that property.
Batzli : We just don ' t want to change it to agricultural again . —
Conrad: Agricultural on TH 212 i.s kind of foolish. Fringe business means
we had nothing else to call it . It was good for nothing and therefore we —
wanted to accommodate what was there and not intensify anything but we' ve
been intensifying stuff .
Erhart : You can accommodate what ' s there .
Conrad : We ' ve gone way contrary to what originally the fringe business
was and that was just to keep it conforming . Take it out of the non-
conforming category so we had some kind of control on it but since then ,
we' ve been developing the area and some of it made sense.
Erhart : Whatever we perceived the evils of non-conformance is , I just
don' t think outweighs what we got ourselves into and that i.s that it' s
growing .
Planning Commission Meeting
February 1, 1989 - Page 25
— r
Batzli : Well , staff told us to do it that way.
Emmi.ngs: Can we have maybe a different zone where there are no permitted
uses . There are no standards. There are no conditional uses . It ' s
called the Twilight Zone and just put things like that in there and hope
they go away.
Erhart : If we go back to the Council , let ' s try to keep the thing moving
so we get it back and get something to a public hearing because I think we
all see where we' re going and the more we wait , the more we' re going to
invite another contractor yard application and then we' re going to have a
problem.
Conrad : I guess what I 'd like to do is , Steve, have you give City Council
a brief presentation and we' re sticking you into something that you don' t
have a whole lot of background in but I think we should introduce him to
the subject. We should say, the Planning Commission at this point in
time, based on the consultant ' s opinion, is feeling that they should be
eliminated altogether and we' re looking for their feedback again because
of the new City Council members . At this point in time, I don ' t know what
we' re floating a motion or anything other than having you give them a
presentation to give the new Counci.lmembers some background on this
subject but also to say,y, we re still , there' s a leaning down here to
— - eliminate them altogether . Probably on a 5 to 2 vote . I 'm just guessing
that not everybody' s in favor of the eliminating them. Does that make
sense? Can we do i.t that way?
Ellson: Yes , let' s do it that way .
OPEN DISCUSSION: HIGHWAY 101 MEDIANS .
Fred Hoisington: Tim has really raised a very good question because we' ve
- dealt with all of these roads. The major roads of the downtown streets
and so forth. As one can well see, there have been a number of medians
proposed throughout a good share of the redevelopment area of the City of
Chanhassen . But unfortunately, there are some very significant limiting
factors. Did they get a copy of the memo by any chance Steve? Okay.
What' s proposed right now is something , well that ' s really not the correct
one but at least it shows the median situation i.n regards to Market Blvd . .
- The point Tim is raising , i.t has to do primarily with this stretch of TH
101 and future TH 101 on the south side. We have a number of things
working against us . When the alignment of Market Blvd . was established
north of TH 5, what happened was we took a limited or minimum right-of-way
through here so we only have about 80 feet I think it is i.n that location.
Now that that has been pretty much established , the question is , how do we
tie into it and we' re very limited as to how we can tie into it . We ' re
—�
committed to have to have a 6 foot wide median at the nose at TH 5 so that
the two intersections north and south can tie in and be directly across
from one another . What that tells us is, that if we want to widened the
median further , and really that ' s kind of Tim' s question is can we widened
it more and landscape it and so forth , then we would have to do that south
City Council Meeting - February 13, 1989
gallon elevated tank downtown here which does need some improvements here. When
the new reservoir was constructed, at that time the color scheme was selected.
Basically the cumulus color which you see it painted now was chosen with public
input from that area. The action of the Council at that time was to choose this
color and that we would then paint the rest of the elevated tanks that same —
color for consistency once we dealt with the rehab of those tanks. Just to
confirm for the Council that we are proceeding with that direction and the
downtown tank, which presently is sort of an aqua green, will be painted the _
cumulous color. We've had some good comments actually from the residents around
the reservoir how it blends in with the sky and such and that was the intent.
The other item I wanted to touch base with the Council on i.s the logo. The new
reservoir has a maple leaf, the City's logo. The downtown tank obviously has —
the word Chanhassen on it which I think is, from a historic standpoint, strictly
my preference. We're suggesting that the tank would be painted with the
Chanhassen name. Not only on the south side as it is now but also on the north —
side. I noticed driving in from the north, especially on Kerber Blvd., it's
really stands up and it's a very visible point. It'd be nice to have the name I
think on both sides of the tank. I'm just throwing that out. I guess we do _
want to include that in the plans and specs that are presently being prepared so
we can get bids out. It really wouldn't impact the cost in any significant
fashion as far as adding another name.
Councilman Workman: What color is it going to be?
Gary Warren: Cumulus.
Councilman Workman: That light blue?
Gary Warren: No, no. The color of the new reservoir which is basically a cream —
white that blends in with the clouds. :1e have had sane very good comments from
the residents up there. It does blend in pretty well.
Councilman Workman: Are you going to put the name Chanhassen and the maple leaf
on it?
Gary Warren: I don' t think we have room for all of that. Just put Chanhassen
on the north and the south side. We' ll pursue it from that standpoint.
DISCUSSION OF CONTRACTORS YARDS, PLANNING DIRECTOR.
Steve Hanson: This item has been referred to you by the Planning Commission.
It had been referred to Council towards the end of the year last year. Going
back to Planning Commission, the Planning Commission at the last meeting had a
fair amount of deliberation regarding the contractors yard. They decided that
they really wanted to get a little more direction from the Council. ..with new
people on the Council, to get a little more clear direction as to what this body
i.s thinking regarding this. I won't go through the entire package. There's a
memo that you have from Mark Koegler that was prepared back in December but —
essentially what it boils down to is the Planning Commission is asking for some
direction on three different options. One of those is to leave the ordinance as
it is. Presently it allows contractors yards in the A-2 district as a
conditional use. The second option is to amend the ordinance but still allow
contractors yards within the A-2 district but restrict the size of that. The
48
City Council `eeeti7a - February 13, 1939
intent being that it would be more of a ma and pop type operation rather than a
large wholesale contractors yard. Then the third option is to delete
contractors yards entirely from the A-2 district and allow them in the
industrial areas only. I don't know if you had a chance to read through the
Planning Commission Minutes contained in your packet.. .but basically the
Planning Commission is leaning towards the option number 3 which is eliminating
them from the A-2 district. What they would like is the sense of the City
Council or what your thinking might be and whether they should pursue that...
Councilman Johnson: I'd like to make a comment. As you're describing number 2,
what's written in our packet is to limit the contractors yards as an accessory
use. I think that's important to point out to where we're talking about having
a person living on the site and he's also, like Buck in his excavating business,
he lives there. He's got an excavating business there. He has a contractors
yard that's an accessory to his home and his business. That keeps it a mom and
pop. I like that option. The gentleman on CR 117 has his home there and he
wants to put his business at his home and it's a fairly small business. He has
a few more, a lot more employee actually. He has 10 to 12 but our current
ordinance will allow -anybody to go out and buy 40 acres of farmland and turn it
into, if they can meet the 1 mile radius criteria, and turn it into a
contractors yard where nobody lives. They just start bringing in semis. I
think they've probably hit every spot they can with the 1 mile radius right now.
It's close. There's a couple spots but I like number 2 because I think that as
an accessory use, if somebody such as the Buck Excavatings of the world and the
landscaping contractor, I forget his name out on CR 117, that seems to be a
legitimate use for a property. Coming out and avoiding going into an industrial
park by being able to buy farmland at much less price and doing this, is not
really what we should be doing with the south side of Chanhassen or the north
side. I mean somebody could buy some acreage along Lake Lucy and do this also.
There are some spots there that would probably be outside the 1 mile as long as
you get away from Larry Kerber's contractor yard, which is another example. The
other thing I want to make sure is that this is only in the non-sewered areas
and that as the MUSA line changes, I'd like to see some way, we want to make
sure that it doesn't go with the property so that if Larry sells his home, the
person he sells to could not be able to continue to use that as a contractors
yard in that he is now in suburban Chanhassn, not rural Chanhassen. When he
opened his contractors yard, he was much more rural. That's another thing I
would like to look into is those contractors yards that are now in suburban side
of the City with curbs, gutters, sewers and everything else. That gets limited.
But I like option 2 as long as we have some acreage requirements. I hate to see
a 2 acre contractors yard put on a 2 1/2 acre lot with a little house there in
which case the accessory use turns out to be the house, not the contractors
yard.
Councilwoman Dimler: I have a question and maybe Steve you can answer it. If
we go with option 3, which is to prohibit them altogether, then the ones that
are there are non-conforming. It says they will be allowed to remain there but
they will not be permitted to expand or intensify but when they sell, does that
non-conforming use pass to the next possesser?
Steve Hanson: Yes.
Councilwoman Dimler: It does. Okay.
49
..b
J 11-
City Council Meeting - February 13, 1989
Councilman Johnson: Is there anyway Roger that we could make a conditional use
permit that when the zoning changes and it went from a conditional use to a non-
conforming use that we could, once they get in a non-conforming use, do they
still have a conditional use permit that goes with that property?
Roger Knutson: Yes. It's just non-conforming.
Councilman Boyt: You want to buy our Redi-mix plant? There you go.
Councilman Johnson: Yes. That's exactly the same thing. The Redi-mi.x plant.
Councilman Boyt: They're forever. I'm pretty sure that the Planning Commission —
really wanted to hear from the 3 new councilmembers on this issue.
Councilman Workman: I think what we're kind of looking at is the south side —
specifically isn't it?
Councilman Boyt: That's where the A-2 is.
CounciLman Workman: I've read some of the information that Tim Erhart has
loaned to me. I've been driving through that area of town since I was a 2 year
old and Jim Klobuchar lives in my community. It's uglytown out there. There's —
no doubt about it. What are we really saying about this area? Do we want it to
go back to nature as part of the bluffs and the river and the wildlife area down
there? Is that realistic? I don't think allowing it to go back to nature is _
going to happen. Do we want it rezoned A-2, is that what we're looking at?
Agricultural?
Councilman Boyt: Residential. Agricultural residential. —
Councilman Workman: Because I don't see that as really being a viable
agricultural. Farming on bluffs, there's just nothing there anyway. Which —
leads me to the question, so what do we do with the people that are down there?
Or people who had intentions such as Admiral Waste who had intentions to operate
their business there. What happens to the value of their property? What
happens to their whole game plan? They're stuck with a parcel perhaps that has
now changed intended use and what can they do with it?
Councilman Johnson: They're not in the A-2 by the way. Admiral. —
Councilman Workman: They're in the BE?
Councilman Johnson: Yes.
Councilman Workman: So I understand fran certainly the neighbors in that
vicinity to the north, that it is uglytown. But again, I don't see it as going —
back to Mother Nature. Have we got a restriction on the junkyard down there?
As far as their expanding that. Are they allowed to expand that?
Councilman Johnson: Which junkyard?
Councilman Boyt: You mean the auto place?
[7:
Councilman Workman: Statewide.
5Q
City Council Meeting - February 13, 1989
Don Ashworth: I'm sure that's a non-conforming use.
Councilman Workman: They haven' t been alloweed to expand?
Councilman Johnson: That's BF also. That's not the A-2.
Councilman Boyt: You've got to think of south of TH 5 Tom. That's not just the
bluffs.
Councilman Johnson: All the way from TH 5 south. As soon as you get out of the
MUSA line, we're talking Lyman Blvd., Pioneer Trail, the Merle Volk property.
West of Lake Ann Park. All that area is A-2 also. The A-2 expands from here,
frau south of Lake Minnewashta up to here, down along and then all the way down.
Not just the bluffs.
Councilman Workman: Right, but I'm thinking specifically of the bluffs also
because I think that's probably the rubbing the squeaky wheel right now in that
what are our intentions down there? I understand the safety aspects and the
aesthetic aspects of it but, isn't that what we're trying to do? We're trying
to send a signal to that area also?
Councilman Johnson: That's a different issue of eliminating the BF and changing
that to A-2. I think that's a separate issue.
jCouncilman Workman: But isn' t Admiral Waste a contractors yard?
Councilman Johnson: Yes, in the BF district right now.
Councilman Workman: 3ut we're saying they can't do that either.
Councilman Johnson: No new contractors yards. They would be able to continue
with what their conditional use permit was when it was issued last year if they
do anything before their 1 year period ends.
Councilman Workman: No, they went to the Planning Commission for an extension
and didn't get it.
Councilman Johnson: That comes to us yet so it hasn't been, the Planning
Commission recommends to us that they don't get their extension. That will be
coming before us probably our next meeting. The question here, more than just
the bluffs area and that area, is should we allow contractors yards i.n our A-2
zone and how should they be allowed? Admiral is considered a contractors yard,
yes. Larry Kerber's place, that's a contractors yard. Do you know where Larry
lives there? Then you have across the street from Pryzmus' little golf course,
a contractors yard without a permit. It's just been there forever. He's never
gotten the permit. Then just north of him is another contractors yard. Further
north of that is another contractors yard that's going in. We just gave
permission last year. Pryzmus is i.n the A-2. He's not a contractors yard
— though. I think the question comes, do we want to continue encouraging
industrial uses i.n the A-2 district or only residential uses? Is this area
L going to be industrial/commercial or residential in this City? I think that
really comes down to the question as to what do you want to see it in the
future. There's a lot of people who would love to make it industrial. I
51
City Council - February 13, 1')89
personally think i.t should be residential and that some limited contractors yard
usaage accessory to somebody's residential useage, I have it there as my house
but I also want to run my business out of my house. When I've got 10 acres or
40 acres, I have roan to do that.
Councilwoman Dimler: I have a couple of comments. I was reading here in the
middle of the nage it says, in the long term, contractors yards are compatible
only with industrial land uses. Did everybody find that? At the present time,
future industrial areas in the rural service area have not been identified. I'm —
wondering if it isn't time to do so. That we could do that ahead of time in
zoning and then prevent problems in the future. Why can't we identify them now?
Councilman Boyt: It's the idea of zoning, we probably should.
Councilman Johnson: I recommended that last year as a part of 212 because as
the 212 corridor goes through, it makes sense that we might want to put some —
commercial, some industrial around the 212 corridor. It doesn't make sense to
put it down along Pioneer Trail.
Councilwoman Dimler: Okay, so now who do we take that to get that done?
Steve Hanson: . ..At this point in time, if someone were to ask, at this point _
in time your position is that it's agricultural with some other conditional uses
it allows. For example in this case, allow really an industrial type use out in
that agricultural area. So I think from the standpoint of your question, what
you're really asking is what should the City be looking at for these areas? ?1 —
long term.. .
Councilwoman Dimler: Yes, when it is a service area, what do you see? You can't
rezone it right now for that? We could zone it right now for that and then that
would prevent contractors yards from coming in if it's not compatible.
Steve Hanson: I don't know that you're in a position right now to know what
zoning you'd place on it.
Councilwoman Dimler: We could direct to where they would be allowed and in —
other areas they wouldn't. I'm just asking if we couldn't plan for the future a
little bit more than just going.. .
Steve Hanson: I think that's what we should be doing but at this point in time
we're not in that position.
Councilwoman Dimler: Can we get in that position? --
Steve Hanson: I certainly hope so.
Councilwoman Dimler: Okay, what would it take?
Steve Hanson: First of all i.t would take going and updating the
Comprehensive Plan. --
Councilman Boyt: Which you're doing now.
Steve Hanson: We're in the process of doing.
52
•
City Council eeti ng - 7 ebruJry 13, L' ?39
Councilman Workman: It's going to save a lot of problems in the future for
denying this kind of thing.
Steve Hanson: You can look at it two different ways. You can take it and say,
take everything that's in the City and determine as best as you can what should
happen in those areas or you can take the tact that the City has in the past and
that's to take those areas outlying where you don't really have a good sense for
what the market is going to be and what things really ought to happen out there.
I think in an agricultural district, to allow that to occur, and I think that's
where Planning Commission is coming from at this point in time. They're saying
we don't know what those areas need to be. We don't want to make a rash
decision but the Planning Commission doesn't believe that a contractors yard of
the type right now is the right kind of use to stick out there, especially with
the conditional use, the way that it works. It's, in a lot of respects, putting
it there permanently. I think they're recognizing that that's not the best way
to deal with it. The best way to deal with it is to pull that use out of there
because it's not appropriate at this point in time and then take the time to
decide what should happen in the long term.
Mayor C:tniel: Why couldn't you put a restriction on the number of years on
something? Like 1995 or something of that nature.
Councilman Johnson: On a conditional use permit? : e tried that. Putting it to
our attorneys, we couldn't make a temporary conditional use permit.
Roger Knutson: I can point out that there is a bill that will be introduced in
1 the legislature this year. I'm on a committee that's recommending that that
change take place to allow temporary uses. So if that's passed, you can do it.
INEMP
Maynard Poppe: I'm Maynard Pappy and I own property just up above where this
contractors yard is supposed to be. It's detrimental to the property that I
own. In fact if they put a contractors yard down there, from what I understand
is to be for garbage trucks and that sort of thing. It will ruin the property
that I own. It's a residential area. What does it take to change it from
agricultural residential to whatever it would have to be? Also, how long a term
would it be given if they were given a permit or whatever they're going to get?
Another thing, when the property that was Bushick's property was up for sale, I
don't know 7, 8, 10 years ago, I own the property next to that and looked into
the possibility, went to the Minnesota Highway Department asking if I could get
an access just up above the underpass that's down there on TH 101. They said
well, I would have to put in a written request but he didn't think that the
Highway Department would give me an access going in there even if I owned the
property unless it was just a limited access which meant, what he told me, that
if you come out of that property, you'd have to go up the hill. You couldn't
make a cross over or coming down. You couldn't make a left turn. Now I'm
wondering how cane the roadway just below that underpass is more of a hazard,
highway hazard than the part north. I wonder how they give a permit for an
access where there would be trucks going in and out and give them an access.
They're sure not going to go uphill to get out of there with the trucks.
— They're going to make a turn and go to the left. The same way coming down the
hill so I think that would be very much of a hazard if we had to fight those
trucks coming down the hill. You come under that underpass. It's bad enough
the way it is now with the traffic that we have. The traffic that was 8-10
53
City Council Meeting ng - February 13, 1989
years ago is nothing compared to what the traffic going up and down there now
because they're going up the other way. So I would very much be against giving —
a permit for anything like a garbage or contractors yard of that sort.
Mayor Chmiel: That will be coming before the Council next meeting. Within 2
weeks.
Maynard Popoe: That's why I was wondering. I called City Hall and they said
they were talking about that tonight.
Mayor Chmiel:Chmiel: Just whether or not the availability of contractors yards should
be within the city or what determination we should come up with. _
Maynard Poppe: Okay, I thought that that was what was going on. I didn't get a
notice. That's one thing I would like. When there's something going on down
there, that we would, along that road, get a notice of something that's going —
on.
,Mayor Chmiel: If you leave Steve your name and address, he will be more than —
happy to send you a notice.
Councilwoman Dimler: I guess I kind of like what Jay had to say about the _
accessory use but I do wonder sometimes how many ma and pa operations we still
have coming before us...major businesses. However, I think maybe it's a little
bit too restrictive when we go saying that they shall not work on Sunday and
holidays. It seems like we're going back to the past.
Councilman Johnson: No, I don't think so.
Councilman Boyt: We're trying to give people same quiet.
Councilwoman Dimler: I understand that but you've got to remember they're on a
10 acres and your neighbors aren' t that close.
Mayor Chmiel: It depends upon what they're doing.
Councilwoman Dimler: Yes, but I'm just saying that we can' t be that restrictive
for everybody because people that are doi.ng.. .cut their grass on Sunday.
Councilman Johnson: So what's the guidance coming from the Council to the
Planning Commission on this? I haven't seen any clear cut guidance as of yet.
Mayor Chmiel: No, I guess I'm looking for, as I see that there may still be a
need for some of these contractors yards. I like the idea of putting a
limitation on it, if that becomes law. I think that would be the thing to do is
to put a restriction for numbers of years. Because the growth goes with it, the —
MUSA line moves, we've got a lot of different things that we have to think
about. I'm not sure whether we should delete yet at this time contractors yards
entirely from the A-2 district. I think there should be a restriction as to _
numbers that can be there. There are restrictions as far as the hours that
they're operable. I think that we really have to, I like these ma and pa kind
of situations because I think it's good for us and it's good for them. I think [71
I would be pretty much in favor at this particular time, looking to amending the
ordinance to allow limited contractors yards as an accessory use in the A-2
54
City Council Meeting - iebruary 13, 1939
- district.
Councilman Boyt: Sounds like what we have is Jay who is for, as you call it,
the mom and pop operation. an, you sc—m to be leaning that direction. I'm not
sure how Tom and Ursula feel. I'll take two minutes and tell you that in the
last year I saw the previous Council approve a contractors yard that had 5
tractor trailers that was put in what was generally considered to be good
residential property just north of TH 212, rolling hill kind of country.
Councilwoman Di.mler: How many acres?
Councilman Boyt: Ursula I don't remember the number of acres but the cost of it
wasn't the issue for this gentleman. He needed an area to park his tractor
trailers and that was the best place to do it as far as he was concerned. If we
don't change this ordinance, we currently don't, in my opinion, we don't have an
ordinance because the previous Council gave a variance to the within 1 mile down
to a couple hundred yards so I don't think we have a 1 mile limit, in my
opinion. We're dealing with, basically a situation in which, regardless of what
we do, if we shut then off altogether, we still have more contractors yards than
any ccannuni.ty around us right now. Eden Prairie doesn't allow them. I don' t
believe Chaska allows them. That's my best guess because I don't remember
exactly but I know for a fact that Eden Prairie doesn't allow them. They're not
felt to be compatible with developing communities although it's a needed service
but we have got quite a few contractors yards today and we're not going to be
able to do anything to eliminate those contractors yards unless you want to buy
then. So to go out, maybe the man and pop thing is an option. I don' t think
we're going to get any of those situations so maybe that's a possibility but the
contractors yards, as I understood from the previous council, that situation was
created so that people who currently were sort of a morn and pop, could continue
to do that. What I saw happening was it got, as far as I'm concerned,
completely out of hand. ;;e granted them. The tractor trailer thing was an
excellent example of where somebody was taking it to the extreme. My particular
position is to agree with the Planning Commission as they previously stated and
as they reaffirmed that when you build, as we are in south Chanhassen, very
expensive homes, you'd like to think that somebody just over the hill isn't
running tractor trailers or doesn't have the ability to come in and do that
after you've bought your home. As it stands today, they do have that ability
and I think we should prevent that from happening.
Councilman Workman: It really, to me, it is leaving us open, how do I phrase
this? It kind of leaves us open to a can of worms a little bit I guess. I did
follow that semi trailer issue. Is that the one just on the other side from the
SA down there?
Councilman Boyt: Yes.
Councilman Workman: I understand they can' t even get their tractor trailers in
there.
Councilman Johnson: It's not across From the SA. It's by the Assumption
Seminary isn't it? You're talking the cold storage area. That's a cold storage
area.
55
City Council Meeting - February 13, 1989
Councilman Boyt: It's down by the Assumption Seminary but it's right in that
difficult triangle of traffic. L
Councilman Johnson: It's west of the Assumption Seminary. It hasn' t been
constructed yet?
Councilman Workman: They're doing a good job of hiding it.
Councilman Johnson: It's way off the road.
Councilman Workman: I guess the point of, and I read through Tim's articles and
he's got a personal issue in that surrounding area, and even prior to taking a _
seat on the Council, there's a lot of issues about contractors yards and tree
farms and that kind of thing going on. I don't want to limit people's ability
to use their property to earn a living but to me it's still so vague out there
about what a person could use that for. They could use it for tractors or he "-
could use it for a man and pop but until we can say, we've got to keep this back
a little bit so that we don't have willy nilly all over everyplace, I don't feel
comfortable in saying yes, let's go ahead and let them do it. To me it just
hasn't been proven to me that we have a certain amount of control here and that
in the future we're going to stumble over a lot of them.
Councilman Johnson: I hear what you're saying and to phrase it slightly
differently, I think we need to define a contractors yard better because the
semi thing under our present ordinance is defined as a contractors yard and I
don' t think i.t should have been but unfortunately it is. So I think there's two t"
issues to me. When we're talking a mom and pop accessory use, I'm not talking
that the guy's running a Consolidated Freight out of his backyard. That's
definitely an industrial use. It's more, and I continue using Buck Excavating
or Larry Kerber. Larry Kerber runs, has got a couple tractors and a couple pick
up trucks. That type of stall, non-intense use. I think we should put
something on the number of employees allowed. The one on CR 117, I believe he
said his maximum employees were 12. That's getting a little high I think. I —
would want to see anything more than that. In fact, I would rather see less
than 10 employees. The Merle Volk contractors yard where he's got 3 or 4
different contractors sitting in there. He rents out the houses, he doesn' t —
actually live there anymore. I don't consider that. I wouldn't consider that
as mom and pop constractors yards. It's an industrial park in the A-2 zone. I
agree with you Tom. There's a real problem there of allowing, what do we allow _
in there? We can't just allow anything. We have to define it better also.
Councilwoman Dimler: I do have a comment and that is, I did ask for the acreage
on Bill 's example because I think i.t does make a difference if you've got 5 --
tractor trailers on 40 acres or if you've got than on 5 acres or 10 acres. I'm
asking, if A-2 is agricultural residential and how many actual agricultural
businesses do we still have in Chanhassen? We do still have some real bonafide
farmers and are we then restricting them, let's say if they have a grain
operation, are we restricting them from using and hauling trucks?
Mayor Chmiel: No, that's agricultural. I wouldn't think it would fall under
contractors yards.
Councilwoman Dimler: But it's in the A-2.
56
City Council Meeting - February 13, 1)89
Mow F Councilman Johnson: But it's agricultural. That's what the A stands for.
Councilwoman Dimler: That's right but then if you're saying, the neighbor over
here who has 40 acres and becouso his business isn't agricultural per se, he
can't have his trucks parked there but the next guy can. Do you see what I'm
saying?
Councilman Johnson: But then the guy that's got his agricultural knows that in
the future it's not going to be agricultural. He knows that 20 years down the
road or 40 years or whatever, that he's not going to be allowed to park his
trucks in there because...
Councilwoman Dimler: He's not going to be able to farm there?
Councilman Johnson: When the price is right, he won't be able to farm there
anymore.
Councilwoman Dimler: What if he wants to stay?
Councilman Boyt: He can farm there forever. He's tax exempt as long as he's
farming that land and if he wants to hold it Jay, it's his.
Councilman Johnson: When I moved into my house I talked to the farmer behind
me. He says I'll leave this land feet first. Horizontally. He said, I can see
Shakopoo from my upstairs window. I can see Lake Minnetonka from my upstairs
window. I'll never leave here. You know I know have 30 hours behind me because
the price was right.
Councilwoman Dimler: He sold off part of it.
Councilman Johnson: He sold off all of it. He's not there. He's built a house
Mao
over by St. Hubert's.
Mayor Chmiel: I guess I still go with that number 2 but my position on that is,
if there is a limitation of years that they can be located there. That's my
only condition with that.
Councilman Boyt: If there wasn't, would you go with 3?
Mayor Chmiel: Yes. I more than definitely would.
Councilman Johnson: When you talk limitation of years, would you say review of
the contractors yard permit every so many years? I think right now, that was
another thing is I'd like to sti anytime there's a conditional use permit of any
sort in any district, that we have a review of that conditional use permit on a
schedule.
Councilwoman Dimler: It's not legal though.
Councilman Boyt: It's legal to stay in touch with than following it but it's
not legal to pull it away from them simply because they've had it for 5 years.
Councilman Johnson: No, no. I said a review to see if they're meeting their
conditions is what I should, I didn't complete that. We've got conditional use
57
' City Council ,ieetin« - February_
��' 13, 1989
permits out there that they haven' t ever done what the conditions say to do but
we have not gone out and enforced it. I would like to see, this is something I
talked about last year, is an ordinance amendment that requires inspections of
conditional use permits and an inspection fee. If they want to make a profit
off of it and that's why they're getting a conditional use permit, then we
should inspect it. We can incorporate an inspection fee just as we do a fire —
inspection fee, whatever, into the conditional use permit process. Have you got
what you need for the Planning Commission?
COUNCIL PRESENTATIONS:
Mayor Chmiel: Let's move on. Next, Council presentations. I'd just like to —
address the ones that I brought up rather quickly. The Senior Community
Services are requesting some money from the City to support the South Shore
Senior Center during the year beginning July 1, 1989 and ending June 30, 1990.
I'm not sure whether there's any CDBG's available on this for that support. Can
you tell us?
Councilman Boyt: We already gave them a substantial amount of money out of last
year's budget.
Mayor Chniel: Yes, but they're looking for now July 1, 1989 and ending June 30, —
1999.
Steve Hanson: We do have $7,500.00.. .
Councilman Boyt: I think they requested that. I think that study was the
result of their request that we helped fund.
Stave Hanson: They' re in the process of doing their own special study.
Councilman Johnson: Na, this was my study. —
Steve Hanson: This was a study for...
Councilman Boyt: Oh, excuse me. I thought we helped them fund a study.
Councilman Johnson: I think we did too. We designated part of our Community
Block Grants that way and we designated part of the Community Block Grants for —
us to do a study of the Chanhassen seniors and what are the needs of the
Chanhassen seniors here.
Mayor Chmi.el: All they're really looking here, what they're saying is to help
support ongoing operations of the center as well as providing matching funds for
a new lift equipment van awarded to the South Shore Senior Center.
Councilman Boyt: Weren't we involved in funding a van there just this last
year?
Councilman Johnson: Yes.
Councilman Boyt: I'm sure we were.
58
— l ,~ l f• �
•
roITL:;L:1".1!
-
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144'
tit W.
J( _ `t
PLANNING REPORT
TO : Chanhassen Planning Commission and Staff
FROM: Mark Koegler
DATE : November 8 , 1988
SUBJECT: Contractor ' s Yards - A-2 Zone
BACKGROUND Contractor ' s yards are currently allowed as
conditional uses in the A-2 zone. The A-2 zone is the predominate
zoning category of land located within the Rural Service Area
(RSA) . All A-2 land lies south of TH 5 . A review of contractor ' s
yards in the A-2 zone needs to consider the general issue of land
uses throughout the entire Rural Service Area.
In the late 1970 ' s , the City of Chanhassen pursued a policy of
allowing only farm related agricultural uses in the unsewered area
(RSA) . Residential uses were specifically prohibited without
municipal sanitary sewer service. Court challenges resulted in the
modification of the strict provisions that prohibited residential
development .
In 1986 , the City of Chanhassen modified the zoning ordinance to
restrict residential densities in the RSA to one unit per 10 acres .
Land owners had until January 15 , 1987 to file subdivision
applications under the previous ordinance which allowed a density
of 1 unit per 2 . 5 acres of land . The imposition of the application
deadline resulted in a series of development proposals containing
2 .5 acre lots . By the fall of 1988 , many of the developments had
installed street improvements and housing construction occurred .
Additionally , several other developments are preparing to begin
initial construction .
_ The growth of 2 . 5 acre single family residential lots that has
occurred over the past two years has substantially changed the land
use pattern in southern Chanhassen . Three primary use patterns
exist : 1 ) agriculture , 2 ) rural residential @ 1 unit per 10 acres
and 3 ) large lot residential @ 1 unit per 2 . 5 acres . All of these
uses are presently accommodated in the A-2 zone.
The focus of this report is on contractor ' s yards and their
appropriateness in the A-2 zone. Addressing this issue requires
a review of both contractors yards as a land use and the impact of
3030 Harbor Lane North BIdq.1I, Suite 104 Minneapolis, MN. 55447-2175 612/553-1950
•
such uses on each of the three use patterns that exist in the A-2
zone .
In the existing ordinance , contractor ' s yards are defined as "any
area or use of land where vehicles , equipment , and /or construction —
materials and supplies commonly used by building , excavation , or
roadway construction , landscaping and similar contractors are
stored or serviced . A contractor ' s yard includes both areas of _
outdoor storage and areas confined within a completely enclosed
building used in conjunction with a contractor ' s business . "
Additionally , the ordinance provides restrictions pertaining to lot
size , setbacks , location , screening , hours of operation and —
proximity to one another . Neither the definition nor the
restrictions limit contractor ' s yards to accessory uses . Therefore ,
they assume the status of primary uses that for all practical —
purposes , are industrial in nature .
The Planning Commission has expressed interest in redefining
contractor ' s yards to make them less intensive uses . Overall
sentiment seems to be to allow smaller scale , "mom and pop"
operations but not large scale businesses . If the ordinance is to
allow only smaller scale businesses , the term "contractor ' s yard " —
needs to be redefined to apply only to less intensive uses . Under
this scenario , larger scale contractors facilities would fall under
the provisions of industrial uses and only be permitted in
industrial zoning districts .
In order to limit the size of contractor ' s yards , it may be
advisable to allow them only as accessory uses rather than as —
principal uses . As an accessory use , the size of a contractor ' s
yard could be tied to the size of the principal residential use
thereby controlling the scale of the operation . —
Assuming that contractor ' s yards are limited to "mom and pop "
operations , the appropriate location for such facilities needs to
be examined . Of the three primary land uses in the RSA ,
agriculture and rural residential ( 10 acres ) can probably
accommodate contractor ' s yards as interim land uses with little or
no mitigation required . Large lot residential is an exception to —
this rule .
Large lot residential developments (2 . 5 ) acres such as Lake Riley _
Woods have a strong resemblance to urban residential developments .
Because of housing types and higher overall densities , contractor ' s
yards are not appropriate in such areas . Prohibiting contractor ' s
yards in these areas may require additional zoning modifications .
For example , developments such as Lake Riley Woods could be rezoned
to Rural Residential ( RR) which does not allow contractor ' s yards .
Other methods could be used to accomplish the same purpose . —
The preceding discussion has focused on the Planning Commission ' s
desire to allow small scale contractor ' s yards in the southern
portion of the City . A comprehensive review of this issue should
also address the prohibition of contractors yards outside of
- .
industrial areas . In preparing this report , I reviewed the zoning
ordinances of the cities of Plymouth , Maple Grove , Minnetonka ,
Chaska , Eden Prairie , Blaine and Champlin as well as ordinances of
several developing communities in the Kansas City Metropolitan
Area . All ordinances prohibit contractor ' s yards outside of
industrial sites except Chaska which allows landscape contractors
businesses in their Rural Residential zone . Chaska requires a
minimum lot size of 40 acres for such uses.
The purpose of the A-2 zone is "preservation of rural character
while respecting development patterns by allowing single-family
residential development . " Are "mom and pop" contractor ' s yards
considered part of the rural character? If so , they may be
appropriate uses . If not , they either need to be prohibited or the
purpose of the A-2 zone needs to be modified .
Beyond an analysis of the existing purpose statement , the Planning
Commission needs to consider the long term impacts of contractor ' s
yards of any scale . Chanhassen is rapidly urbanizing . A
significant amount of development has occurred over the past five
years in the Rural Service Area . As land continues to be absorbed
in Eden Prairie , Chanhassen will receive added development
pressure. In light of increasing development , the compatibility
of contractor ' s yards with existing residential and future land
uses needs to be addressed . Additionally , allowing contractor ' s
yards may pose short and long term administrative problems .
In the long term, contractor ' s yards are compatible only with
industrial land uses . At the present time , future industrial areas
in the Rural Service Area have not been identified . Therefore ,
permitting contractor ' s yards throughout the southern section of
Chanhassen creates potential future land use conflicts . Allowing
any scale of contractor ' s yards also creates significant short term
administrative problems . Once low intensity contractor ' s yards are
allowed , the mechanism is in place to permit variance applications
for more intensive uses . In reality , it is much easier for a city
to control a use by not allowing it to occur in any form than it
is to consistently deny variance applications .
RECOMMENDATION: Contractor ' s yards are largely inconsistent with
long term growth in Chanhassen . Almost every community in the Twin
Cities Metropolitan Area has found that such uses are inappropriate
outside of industrial zones . Additionally, the inclusion of
contractor ' s yards in Chanhassen ' s existing zoning ordinance has
created enforcement and administrative problems . The city ' s
experience with this issue coupled with the fact that contractor ' s
yards are not consistent with long term land use in Chanhassen
creates a strong argument for prohibiting such uses . For these
reasons , it is recommended that contractor ' s yards be permitted in
Chanhassen only in appropriate industrial zones and not in the
unsewered sections of the community.
If the Planning Commission decides that small scale contractor ' s
yards should be allowed in the A-2 zone , a significant modification
of the zoning ordinance needs to be considered . In order to limit _
the intensity of such uses , the following modifications are offered
for review:
1 . Modify the definition of Contractor ' s Yards to include only low —
intensity uses with minimal storage needs ie. "Contractor ' s yards
means an area for the storage of vehicles and equipment related to
small scale contracting operations that are accessory to the
principal residential use of the property. Equipment and vehicles
stored in the contractor ' s yard shall be used solely by family
members residing in the principal residential structure on the
property. " —
2 . Establish contractor ' s yards as conditional accessory uses in
the A-2 zone subject to the following conditions : —
A . The minimum lot size is ten ( 10 ) acres .
B . Al-I storage and yard areas as well as buildings must be
set back one hundred ( 100 ) feet from public or private road
right-of-ways and five hundred ( 500 ) feet from an adjacent
single- family residence . —
C . The site must be located along a collector or minor
arterial as identified in the comprehensive plan . —
D . The total floor area of storage buildings shall be limited
to one thousand ( 1000 ) square feet or 50% of the floor area
of the principal residential structure whichever is more
restrictive .
E . Outdoor storage areas shall be limited to five hundred
( 500 ) square feet in total area . All outdoor storage areas
must be completely screened by one hundred (100 ) percent
opaque fencing or berming.
F. Hours of operation shall be from 7 :00 a . m. to 6 : 00 p. m. ,
Monday through Saturday only, work on Sunday and holidays not
permitted . —
G . Light sources shall be shielded .
H . No outside speaker systems are allowed .
I . All vehicles and equipment relating to the contracting
business shall be stored within a building or screened area .
3 . Rezone existing 2 . 5 acre residential developments to Rural
Residential ( RR) . Rural Residential prohibits contractor ' s yards . —
If an approach such as the one outlined above is eventually adopted
by the City or if contractor ' s yards are prohibited , all existing _
contractor ' s yards will become nonconforming . As such , they will
be allowed to continue providing they are permitted contractor ' s
A_
yards at the time of the modification of the ordinance . They will
not , however , be permitted to expand or intensify.
After discussion by the Planning Commission , appropriate ordinance
language will be prepared for formal consideration by the
Commission and City Council .
CITY
OF
AN EN
_ J
„. •
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
MEMORANDUM
TO: Planning Commission
FROM: Stephen Hanson, Planning Director
DATE: March 9 , 1989
SUBJ: Convenience Stores Background
On December 19, 1988, the City Council adopted Resolution No.
_ 88-140 and Ordinance No. 99. Ordinance No. 99, is an Interim
Ordinance Temporarily Prohibiting Issuance of Land Use Approvals
and Building Permits for Convenience Stores with Gas Pumps but
Without Service Bays. A copy of this ordinance is attached. The
effective date of the ordinance was from the date of adoption of
the ordinance running through July 1 , 1989. Resolution No.
88-140 was a resolution directing the city to prepare a study of
zoning controls for convenience stores . A copy of this resolu-
tion is attached. The purpose of this report is to begin to
address Resolution No. 88-140 .
The zoning code allows for convenience stores and auto service
stations in the following districts :
BN BH CBD BG BF
Convenience Stores
Without Gas Pumps P P C P X
Convenience Stores
With Gas Pumps C P C P X
Auto Service Station C P X P C
P = Permitted Use
C = Conditional Use
X = Not Allowed Use
The zoning code establishes the following conditions specifically
for Automotive Service Stations :
1 . No unlicensed or inoperable vehicles shall be stored on pre-
mises except in appropriately designed and screened storage
areas.
Planning Commission —
March 9 , 1989
Page 2
2. All repair, assembly, disassembly and maintenance of vehicles
shall occur within closed building except minor maintenance
including, but not limited to tire inflation, adding oil and —
wiper replacement.
3 . No public address system shall be audible from any residen-
tial parcel .
4 . Stacking areas deemed to be appropraite by the city shall _
meet parking setback requirements.
5 . No sales, storage or display of used automobiles or other
vehicles such as motorcycles, snowmobiles, or all-terrain —
vehicles.
6 . Disposal of waste oil shall comply with PCA regulations. —
The zoning code establishes the following conditions specifically
for Convenience Store with gas pumps:
1 . No unlicensed or inoperable vehicles shall be stored on pre-
mises.
2 . No repair, assembly or disassembly of vehicles.
3 . No public address system shall be audible from any residen- _
tial parcel.
4 . Gas pump stacking area deemed to be appropriate by the City
shall not intrude into any required setback area. -
5 . No sales , storage or display of used automobiles or other
vehicles such as motorcycles, snowmobiles , or all-terrain _
vehicles .
The zoning code, in setting up the above referenced zoning
districts established intent statements for those describing the
purpose of the particular zoning districts. The intent state-
ments are as follows:
BN, NEIGHBORHOOD BUSINESS DISTRICT
The intent is to provide for limited low intensity neighborhood _
retail and service establishments to meet daily needs of resi-
dents .
BH, HIGHWAY AND BUSINESS SERVICES DISTRICT
The intent is to provide for highway oriented commercial develop-
ment restricted to a low building profile. -
Planning Commission
March 9 , 1989
�' Page 3
CBD, CENTRAL BUSINESS DISTRICT
The intent is to provide for downtown business development sup-
porting a strong central business district while enhancing the
overall character of the community in conformance with downtown
redevelopment plan, goals and objectives.
BG, GENERAL BUSINESS DISTRICT
The intent is to provide for downtown fringe commercial develop-
ment identified as the least restricted business district.
BF, FRINGE BUSINESS DISTRICT
The intent is to accommodate limited commercial uses without
urban services.
In reviewing the zoning ordinance, the definitions in the ordi-
- nance provide a definition for auto service station but no defi-
nition for convenience stores with or without gas pumps or for
gas stations . Auto service stations are defined as follows,
"Automotive Service Station means a retail place of business
engaged primarily in the sale of motor vehicle fuels , but also
may be engaged in supplying goods and services generally required
in the operation and maintenance of motor vehicles . These may
include sale of petroleum products, sale and servicing of tires ,
batteries, automotive accessories, and replacement items , washing
and lubrication services and the performance of minor automotive
maintenance and repair. "
Proposed Definition
Convenience store means a retail establishment which generally
sells a limited range of food products , non-presciption drugs,
cand, and other non-perishable goods. This includes soda and
similar beverage dispensing and food products which can be heated
and/or prepared on site,and has over 400 square feet of floor
area for retailing of non-automotive goods.
Additional Conditional Use Requirements
1 . Must be attached to an integrated shopping center.
2 . No outdoor storage or display of products is allowed.
Proposed Definition
Gas station means a retail place of business engaged in the sale
of motor vehicle fuels, but may also engage in supplying a limited
amount of related goods . In no case shall the space for the
retailing of related goods exceed 400 square feet. No services
shall be provided for maintenance or repair of motor vehicles ,
except for the provision of window washing, air and oil
dispensing services .
Planning Commission
March 9 , 1989
Page 4
In reviewing the intent statements for the existing zoning
districts within the city, the uses could be allowed in the —
districts as follows :
BN BH CBD BG BF
Convenience Store P X P P X
Without Gas Pumps
Convenience Stores C C X P X
With Gas Pumps —
Auto Service Stations X P X P X
Gas Stations C P X P C
Other items to be considered in determining how convenience
stores should be dealt with:
1 . Further limit convenience stores to specific districts . We
need to determine whether the intent is to be convenient for
highway traffic, commuters going to and from work, or for the _
immediate neighborhood. In the latter case, a logical place
for a convenience store with or without gas pumps would be in
the neighborhood business district assuming that those
districts are set uo to service a logical neighborhood area. 4.0
If on the other hand, their intent is for the convenience
store to service highway traffic and commuter traffic, the
logical location for those facilities would be along the —
major commuting routes.
2 . It was suggested that a minimum separation be provided
between convenience stores. This may make sense if the —
intent is to allow convenience stores as a neighborhood use.
If the purpose is to serve commuters and highway users, then
it makes sense to allow convenience stores on both sides of
the arterial.
If we were to place a one mile separation on convenience _
stores at the present time, that would preclude any further
convenience stores in the downtown area. It should be noted
that there are five convenience stores existing or approved
in the Highway 5 corridor from Powers Boulevard to Great
Plains Boulevard.
Planning Commission
March 9 , 1989
Page 5
3 . Existing convenience stores and their locations relative to
zoning.
SuperAmerica Hwy. 41/7 BN District
Proposed convenience W. 78th/Powers BG
Brook' s Convenience W. 78th/Laredo CBD
Holiday W. 79th/Great Plains BH
Total Mart/Q TH 101/Lake Drive BN
Amoco Great Plains/Hwy. 5 BH
SuperAmerica TH 101/169 BF
4 . One of the concerns of the Council was the loss of auto ser-
vice stations which provide the full service of automotive
product and service to consumers in the Chanhassen area. An
option would be to take one or two of the zoning districts
for business uses and allow in them auto service stations but
preclude convenience stores with gas pumps or for that matter
gas stations that serve only gas and do not provide full ser-
vices . If that tact were taken, the appropriate districts
for that to occur would be the Business Highway district
which is intended to be highway oriented and could be
classified as auto oriented uses. The other district would
be the General Business District which is intended to be the
less restrictive zoning district for business in the city.
However, the intent would need to be changed to preclude the
convenience stores with or without gas pumps. Presently, in
the BG District automotive service stations, convenience
stores with and without gas pumps are allowed uses.
5 . If the intent is to encourage auto service stations in the
city, then criteria could be established that encourages that
type of a use over and above a convenience store with gas
pumps. For example:
a. An auto service station with service bays could be allowed
different access or setbacks than for a convenience store.
b. Additional signage
c. Allowance of outdoor display of merchandise.
d. Different landscape requirements.
e. Different lot size requirements.
Planning Commission —
March 9 , 1989
Page 6
f . Allow convenience stores as a conditional use permit in
districts where auto service stations is allowed and
allow auto service stations as a use by right. —
This memo is intended to generate discussion. At the next
Planning Commission meeting, staff will have input on standards —
from convenience and service station businesses. We have placed
this packet in a separate folder and hope each Commissioner will
keep this information which will be updated over the next couple —
of months as we work toward a recommendation on changing the
zoning code for convenience stores .
ATTACHMENTS —
1. Ordinance No. 99
2. Resolution No. 88-140 —
3 . Copy of Zoning Code Sections
4 . Location Map of Zoning Districts
5 . Copy of City Council minutes dated December 19 , 1988
Note: The City Council considered two drafts of this ordinance
at their December 19 , 1988 meeting. The ordinance that was
published on February 2 , 1989 was incorrect and below is the
correct ordinance that represents the action taken by the City
Council on December 19, 1988 .
ORDINANCE NO. 99
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
AN INTERIM ORDINANCE TEMPORARILY PROHIBITING ISSUANCE
OF LAND USE APPROVALS AND BUILDING PERMITS FOR
CONVENIENCE STORES IN THE CBD, BH, AND BN ZONING DISTRICTS
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
Section 1. Intent: It is the intent of this ordinance to
allow the City to complete a study concerning appropriate land use
controls for the regulation of convenience stores in the CBD, BH, and
BN zoning districts, and in the interim to protect the planning
process and the safety and welfare of the citizens of the community.
Section 2. Temporary Prohibition: Pending the completion
of the above referred to study and adoption of appropriate official
controls, no land use approvals or building permits shall be issued
for convenience stores in the CBD, BH, and BN zoning districts.
Section 3. Effective Date: This ordinance shall take
effect from and after its passage and publication and shall remain in
effect until the date of the adoption of the official controls
contemplated hereunder or July 1, 1989, whichever occurs first.
Section 4. Exemption: Convenience stores approved by the
City Council prior to the effective date of this ordinance are exempt
from this ordinance.
PASSED AND DULY ADOPTED by the City Council of the City of
Chanhassen this 19th day of December, 1988.
CITY OF__CHANHASSEN
— ;
/
BY: L
Thomas L. Hamilton, Mayor
(S/.
ATTEST:
22)
Don Ashworth, Manager/Clerk
(Published in the Chanhassen Villager on March 16 , 1989) .
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
RESOLUTION
Date December 19 , 1988 Resolution No. 88-140
Motion By Hamilton Seconded By Geving
RESOLUTION DIRECTING THE CITY'S PLANNER
TO PREPARE A STUDY OF APPROPRIATE ZONING
CONTROLS FOR CONVENIENCE STORES
WHEREAS, the City is concerned that the proliferation of —
convenience stores with gas pumps could have a negative impact on the
adjacent properties and the community as a whole.
NOW, THEREFORE, BE IT RESOLVED by the Chanhassen City Council
that the City's planner is directed by March 15, 1989, to prepare a
study on revisions to the City's zoning ordinance to better regulate _
convenience stores with gas pumps.
PASSED AND DULY ADOPTED by the City Council of the City of
Chanhassen this 19th day of December , 1988.
CITY 0 HASSEN
(SEAL) BY: �
omas Lilton, Mayor
ATTEST: )
(2(
Don Ashworth, Manager/Clerk
S
ZONING § 20-692
C
(5) The setbacks are as follows:
a. For front yards, twenty-five(25)feet.
b. For rear yards, twenty-five(25)feet.
c. For side yards, ten(10)feet.
(6) The maximum height is as follows:
a. For the principal structure, three(3)stories/forty(40)feet.
b. For accessory structures, one(1)story/fifteen (15)feet.
(Ord. No. 80, Art. V, § 8(5-8-5), 12-15-86)
Secs. 20-676-20-690. Reserved.
ARTICLE XVI. "BN" NEIGHBORHOOD BUSINESS DISTRICT
Sec. 20-691. Intent.
The intent of the "BN" District is to provide for limited low intensity neighborhood retail
and service establishments to meet daily needs of residents.
(Ord. No. 80, Art. V, § 10(5-10-1), 12-15-86)
Sec. 20-692. Permitted uses.
The following uses are permitted in a "BN" District:
(1) Convenience stores without gas pumps.
(2) Neighborhood oriented retail shops.
(3) Self-service laundries.
(4) Dry cleaning and laundry pick-up stations.
(5) Day care center.
(6) Personal service establishments.
(7) Professional offices.
(8) Small appliance and shoe repair shops.
(9) Health services.
(10) Veterinary clinics.
(11) Utility services.
(12) Shopping center.
(13) Private clubs and lodges.
(14) Community center.
(Ord. No. 80, Art. V, § 10(5-10-2), 12-15-86)
1215
§ 20-693 CHANHASSEN CITY CODE
Sec. 20-693. Permitted accessory uses.
The following are permitted accessory uses in a "BN" District:
(1) Parking lots.
(2) Car wash (when accessory to automotive service station).
(3) Signs.
(Ord. No. 80,Art. V, § 10(5-10-3), 12-15-86)
Sec. 20-694. Conditional uses.
The following are conditional uses in a"BN" District:
(1) Convenience store with gas pumps.
(2) Automotive service stations.
(3) Drive-in banks including automated kiosks.
-- (4) Temporary outdoor display of merchandise for sale.
(5) Standard restaurants.
(6) Bed and breaksfast establishments.
(Ord. No. 80, Art. V, § 10(5-104), 12-15-86)
State law reference—Conditional uses,M.S. § 462.3595.
Sec. 20-695. Lot requirements and setbacks.
The following minimum requirements shall be observed in a "BN" District subject to
MEM
additional requirements,exceptions and modifications set forth in this chapter:
(1) The minimum district area is three (3) acres. This paragraph may be waived in the
case of expansion to an existing district.
(2) The minimum lot area is fifteen thousand(15,000)square feet.
(3) The minimum lot frontage is seventy-five (75) feet, except that lots fronting on a
cul-de-sac shall have a minimum frontage of sixty(60) feet in all districts.
(4) The minimum lot depth is one hundred fifty(150)feet.
(5) The maximum lot coverage including all structures and paved surtaces is sixty-five
(65)percent.
(6) Off-street parking areas shall comply with all yard requirements of this section,
except that no rear yard parking setback shall be required for lots directly abutting
railroad trackage; and, no side yard shall be required when adjoining commercial
uses establish joint off-street parking facilities, as provided in section 20-1122,ex11pt
that no parking areas shall be permitted in any required side street side yard. The
minimum rear yard shall be fifty (50) feet for lots directly abutting any residential
district. Side streets side yards shall be a minimum of twenty-five(25)feet.
Other setbacks are as follows:
a. For front yards, thirty-five(35)feet.
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ZONING § 20-712
b. For rear yards, thirty(30)feet.
c. For side yards, fifteen(15)feet.
(7) The maximum height is as follows:
a. For the principal structure, one(1)story.
b. For accessory structures, one(1)story.
(Ord. No. 80,Art. V, § 10(5-10-5), 12-15-86)
Secs. 20-696-20-710. Reserved.
ARTICLE XVII. "BH" HIGHWAY AND BUSINESS SERVICES DISTRICT
Sec. 20-711. Intent.
The intent of the "BH" District is to provide for highway oriented commercial develop-
ment restricted to a low building profile.
(Ord. No. 80, Art. V, § 11(5-11-1), 12-15-86)
Sec. 20-712. Permitted uses.
The following*uses are permitted in a "BH" District:
(1) Financial institutions.
(2) Fast food restaurant.
(3) Automotive service stations.
(4) Standard restaurants.
(5) Motels and hotels.
(6) Offices.
(7) Retail shops.
(8) Miniature golf.
(9) State-licensed day care center.
(10) Car wash.
(11) Convenience store with or without gas pumps.
(12) Personal service establishment.
i (13) Liquor stores.
(14) Health services.
(15) Utility services.
(16) Shopping center.
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§ 20-712 CHANHASSEN CITY CODE
(17) Private clubs and lodges.
(18) Community center.
(19) Funeral homes.
(Ord. No. 80,Art.V, § 11(5-11-2), 12-15-86)
Sec. 20-713. Permitted accessory uses.
The following are permitted accessory uses in a "BH" District: _
(1) Signs.
(2) Parking lots.
(Ord. No. 80, Art. V, § 11(5-11-3), 12-15-86)
Sec. 20-714. Conditional uses.
The following are conditional uses in a "BH" District:
(1) Outdoor display of merchandise for sale. _
(2) Supermarkets.
(3) Small vehicle sales.
(4) Screened outdoor storage.
(Ord. No. 80, Art. V, § 11(5-11-4), 12-15-86)
State law reference—Conditional uses, M.S. § 462.3595.
Sec. 20-715. Lot requirements and setbacks.
The following minimum requirements shall be observed in a "BH" District subject to
additional requirements, exceptions and modifications set forth in this chapter:
(1) The minimum district area is ten (10) acres. This paragraph may be waived by a
condition use permit in the case of expansion of an existing district.
(2) The minimum lot area is twenty thousand(20,000)square feet.
(3) The minimum lot frontage is one hundred (100) feet, except that lots fronting on a
cul-de-sac shall have a minimum frontage in all districts of sixty(60)feet. _
(4) The minimum lot depth is one hundred fifty (150)feet.
(5) The maximum lot coverage is sixty-five(65)percent.
(6) Off-street parking areas shall comply with all yard requirements of this section,
except that no rear yard parking setback shall be required for lots directly abutting
railroad trackage; and, no side yard shall be required when adjoining commercial
uses establish joint off-street parking facilities,as provided in section 20-1122,except
that no parking areas shall be permitted in any required side street side yard.
Minimum rear yard shall be fifty (50) feet for lots directly abutting any residential
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ZONING § 20-732
inn
district. Side street side yards shall he a minimum of twenty-five (25) feet. Other
setbacks are as follows:
a. For front yards,twenty-five(25)feet.
b. For rear yards,twenty(20)feet.
c. For side yards, ten(10)feet.
(7) The maximum height is as follows:
a. For the principal structure, two(2)stories.
b. For accessory structures, one(1)story.
(Ord. No. 80, Art. V, § 11(5-11-5), 12-15-86)
Secs. 20-716-20-730. Reserved.
ARTICLE XVIII. "CBD" CENTRAL BUSINESS DISTRICT
Sec. 20-731. Intent.
Nom
The intent of the "CBD" District is to provide for downtown business development
supporting a strong central business district while enhancing the overall character of the
community in conformance with downtown redevelopment plan, goals and objectives.
(Ord. No. 80, Art. V, § 12(5-12-1), 12-15-86)
Sec. 20-732. Permitted uses.
The following uses are permitted in a"CBD" District:
(1) Bowling center.
(2) Retail shops.
(3) Offices.
(4) Standard restaurants.
(5) Liquor stores.
(6) Entertainment.
(7) Convention and conference facilities.
(8) Financial institutions.
(9) Health care facilities.
(10) Hotels. •
(11) Specialty retail(including but not limited to jewelry,book, stationery, bible,camera, .-
pets, arts and crafts,sporting goods).
(12) Supermarkets.
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§ 20-732 CHANHASSEN CITY CODE
(13) State-licensed day care center as part of shopping center.
/.((14) Personal service establishments.
7 (15) Shopping center.
(16) Health and recreation clubs.
(17) Fast food restaurants asart of sho —
P Aping center.
(18) Utility service.
5/Personal services.
(20) Apparel sales.
(21) Bars and taverns_
(22) Clubs and lodges.
(23) Convenience stores without gas pumps.
(24) Cultural facilities.
(25) Department stores.
(26) Home furnishings.
(27) Newspaper offices.
(28) Multiple family dwellings, including senior citizen housing.
(29) Print shops.
(30) Community center.
(31) Hardware goods.
(Ord. No. 80, Art. V, § 12(5-1.2-2), 12-15-86) . —
Sec. 20-733. Permitted accessory uses.
The following are permitted accessory uses in a -CBD" District:
(1) Parking lots and ramps.
(2) Signs.
(Ord. No. 80, Art. V, § 12(5-12-3), 12-15-86)
Sec. 20-734. Conditional uses.
The following are conditional uses in a "CBD" District:
(1) Temporary outdoor display of merchandise for sale. ..
(2) Freestanding fast food restaurants.
(3) Farmer's market.
(4) Convenience store with gas pumps.
(Ord. No. 80, Art. V, § 12(5-12-4), 12-15-86)
State law reference—Conditional uses, M.S. § 462.3595.
1220
ZONING § 20-752
Sec. 20-735. Lot requirements and setbacks.
The following minimum requirements shall be observed in a "CBD" District subject to
additional requirements, exceptions and modifications set forth in this chapter:
—' (1) The minimum lot area is ten thousand(10,000)square feet.
(2) The minimum lot frontage is one hundred (100) feet, except lots fronting on a
cul-de-sac shall have a minimum frontage of sixty(60)feet in all districts.
(3) The minimum lot depth is one hundred(100)feet.
(4) There is no maximum lot coverage.
(5) There are no minimum setback requirements for front, rear or side yard.
(6) There are no maximum height requirements for principal or accessory structures.
(Ord. No. 80,Art. V, § 12(5-12-5), 12-15-86)
Secs. 20-736-20-750. Reserved.
ARTICLE XIX. "BG" GENERAL BUSINESS DISTRICT
Sec. 20-751. Intent.
The intent of the "BG" District is to provide for downtown fringe commercial develop-
ment identified as the least restricted business district.
(Ord. No. 80, Art. V, § 13(5-13-1), 12-15-86)
Sec. 20-752. Permitted uses.
The following uses are permitted in a "BG" District:
(1) Bowling center.
(2) Day care center.
(3) Convenience stores with or without gas pumps.
(4) Standard restaurants.
(5) Entertainment.
(6) Apparel sales.
(7) Personal services.
(8) Health and recreation clubs.
(9) Specialty retail(including but not limited to jewelry, book, stationery,bible,camera,
pets, arts and crafts, sporting goods).
(10) Small appliance and similar repair shops.
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§ 20-752 CHANHASSEN CITY CODE
(11) Funeral homes.
(12) Financial institutions, including drive-in service.
(13) Newspaper and small printing offices.
(14) Private clubs and lodges.
(15) Miniature golf.
(16) Veterinary clinic.
(17) Animal hospital.
(18) Offices.
(19) Health care facilities.
(20) Motels.
(21) Supermarkets.
(22) Home improvement trades building supply centers.
• (23) Garden centers.
(24) Utility services.
(25) Bars and taverns.
—
(26) Fast food restaurants.
(27) Automotive service stations.
(28) Community center.
(29) Senior citizen housing.
(Ord.No. 80,Art. V, § 13(5-13-2), 12-15-86)
Sec. 20-753. Permitted accessory uses.
The following are permitted accessory uses in a "BG" District:
(1) Parking lots. .,
(2) Signs.
(Ord. No. 80,Art. V, § 13(5-13-3), 12-15-86)
• Sec. 20-754. Conditional uses.
The following are conditional uses in a "BG" District:
(1) Outdoor display of merchandise for sale or rent.
(2) Truck, automobile, farm implement,recreational vehicles and boat sales and service.
(3) Equipment rental.
(4) Screened outdoor storage.
1222
ZONING § 20-771
(5) Major auto repair and body shops.
(Ord. No. 80, Art. V, § 13(5-13-4), 12-15-86)
State law reference—Conditional uses, M.S. § 462.3595.
Sec. 20-755. Lot requirements and setbacks.
The following minimum requirements shall be observed in a "BG" District subject to
additional requirements, exceptions and modifications set forth in this chapter:
(1) The minimum lot area is twenty thousand(20,000)square feet.
(2) The minimum lot frontage is one hundred (100) feet, except that lots fronting on a
cul-de-sac shall have a minimum frontage of sixty(60)feet in all districts.
(3) The minimum lot depth is one hundred fifty(150)feet.
(4) The maximum lot coverage is seventy(70)percent.
(5) Off-street parking areas shall comply with all yard requirements of this section,
except that no rear yard parking setback shall be required for lots directly abutting
railroad trackage; and, no side yard shall be required when adjoining commercial
uses establish joint off-street parking facilities,as provided in section 20-1122,except
that no parking areas shall be permitted in any required side street side yard. The
minimum rear yard shall be fifty (50) feet for lots directly abutting any residential
district. Side street side yards shall be a minimum of twenty-five (25) feet. Other
setbacks are as follows:
a. For front yards, twenty-five(25) feet.
b. For rear yards, twenty-five (25)feet.
c. For side yards, ten(10)feet.
(6) The maximum height is as follows:
a. For the principal structure, three(3)stories forty(40)feet.
b. For accessory structures, two(2)stories.
(Ord. No. 80, Art. V, § 13(5-13-5), 12-15-86)
Secs. 20-756-20-770. Reserved.
ARTICLE XX. "BF" FRINGE BUSINESS DISTRICT
Sec. 20-771. Intent.
The intent of the"BF" District is to accommodate limited commercial uses without urban
services.
(Ord. No. 80, Art. V, § 14(5-14-1), 12-15-86)
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§ 20-772 CIIANHASSEN CITY CODE
Sec. 20-772. Permitted accessory uses.
The following are permitted accessory uses in a "BF" District:
(1) Parking lots.
(2) Signs.
(Ord. No.80, Art. V, § 14(5-14-3), 12-15-86)
Sec. 20-773. Conditional uses.
The following are conditional uses in a "BF" District:
(1) Automotive service station without car washes. _
(2) Truck/trailer rental.
MED
(3) Utility services.
(4) Outdoor display of merchandise for sale.
(5) Cold storage and warehousing.
(Ord. No. 80, Art. V, § 14(5-14-2), 12-15-86)
State law reference—Conditional uses, M.S. § 462.3595.
Sec. 20-774. Lot requirements and setbacks.
The following minimum requirements shall be observed in a "BF" District subject to
additional requirements,exceptions and modifications set forth in this chapter:
(1) The minimum lot area is twenty thousand(20,000)square feet.
(2) The minimum lot frontage is one hundred (100) feet, except that lots fronting on a
cul-de-sac shall have a minimum front footage of sixty(60)feet in all districts.
(3) The minimum lot depth is one hundred fifty d50)feet.
(4) The maximum lot coverage is forty(40)percent.
(5) Off-street parking areas shall comply with all yard requirements of this section,
except that no rear yard parking setback shall be required for lots directly abutting
railroad trackage: and, no side yard shall be required when adjoining commercial
uses establish joint off-street parking facilities,as provided in section 20-1122,except
that no parking areas shall be permitted in any required side street side yard. The
minimum rear yard shall be fifty (50) feet for lots directly abutting any residential
district. Side street side yards shall be a minimum of twenty-five (25) feet in all
districts. Other setbacks are as follows:
a. For front yards, twenty-five(25)feet.
b. For rear yards, twenty(20)feet.
. c. For side yards, ten(10)feet.
em.
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§ 20-281 CILANHASSEN CITY CODE
DIVISION -l. STANDARDS FOR BUSINESS, OFFICE,
INSTITUTIONAL AND INDUSTRIAL DISTRICTS
Sec. 20-281. Scope.
In addition to the standards required by section 20-232, the standards in this division
shall apply to the conditional uses if they are located in a business, office, institutional or
industrial district.
(Ord. No. 80, Art. V, § 17(5-17-1), 12-15-86)
Sec. 20-282. Automotive service stations.
The following applies to automotive service stations:
(1) No unlicensed or inoperable vehicles shall be stored on premises except in appropri-
ately designed and screened storage areas.
(2) All repair, assembly, disassembly and maintenance of vehicles shall occur within
closed building except minor maintenance including, but not limited to tire inflation,
adding oil and wiper replacement.
(3) No public address system shall be audible from any residential parcel.
(4) Stacking areas deemed to be appropriate by the city shall meet parking setback
requirements.
(5) No sales,storage or display of used automobiles or other vehicles such as motorcycles,
snowmobiles, or all-terrain vehicles.
(6) Disposal of waste oil shall comply with PCA regulations.
(Ord. No. 80, Art. V, § 17(5-17-1(1)), 12-15-86)
Sec. 20-283. Adaptive reuse of buildings for private business use.
Adaptive reuse of surplus or vacant public or private buildings for private business uses
are subject to the following criteria:
(1) Only nonretail business uses shall be permitted and all such uses shall be conducted
-- only within an existing building; no outdoor storage or other outdoor business activi-
ties shall be permitted on the property except accessory parking and loading,and the
use of the premises for recreational activities for which such facilities arc designed.
(2) Exterior alteration, except for approved signage, which indicates from the exterior
that the building is being utilized for other than educational purposes shall be
prohibited.
•
(3) No noxious or offensive trades, services or activities shall be conducted within the
building nor shall anything be done on any site which may be or become an annoy--
ance or nuisance to the adjoining neighborhood by reason of unsightliness or exces-
sive emission of odors, fumes,smoke, vibration, dirt, dust, glare, wastes or noise.
1178
§ 20-288 CHANHASSEN CITY CODE
Sec. 20-288. Convenience store with gas pumps.
The following applies to convenience stores with gas pumps:
(1) No unlicensed or inoperable vehicles shall be stored on premises.
(2) No repair, assembly or disassembly of vehicles.
(3) No public address system shall be audible from any residential parcel.
(4) Gas pump stacking area deemed to be appropriate by the city shall not intrude into
any required setback area.
(5) No sales,storage or display of used automobiles or other vehicles such as motorcycles,
snowmobiles,or all-terrain vehicles.
(Ord. No. 80, Art. V, § 17(5-17-1(6)). 12-15-86)
Sec. 20-289. Restaurants—Fast food.
The following applies to fast food restaurants:
(1) The site shall be located only on sites having direct access to minor arterial streets,
collectors or service roads.
(2) The public address system shall not be audible from any residential parcel.
(3) Stacking areas for drive-through windows shall conform to appropriate parking
setbacks.
(4) Building shall be set back at least one hundred (100) feet and screened from any
adjacent property designated for residential use in the comprehensive plan.
(Ord. No. 80, Art. V, § 17(5-17-1(7)), 12-15-661
Sec. 20-290. Temporary outdoor display of merchandise for sale.
The following applies to the temporary outdoor display of merchandise for sale:
(1) The length of display will be determined by the city council.
(2) Screening shall be provided from residential and office business property.
(3) No public address system shall be audible from any residential property.
(4) The site shall be kept in a neat and orderly fashion.
(5) No uses shall be permitted in required parking or building setback areas.
(6) The display shall not be permitted within one hundred (100) feet of any residential
parcel.
(Ord. No. 80, Art. V, § 17(5-17-1(9)), 12-15-86)
1180