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CAS-10_COMMON CENTS AUTO 97-04 CUP AMENDMENT7700 Markel Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone:952.227.1180 Fax:952.227.1190 Engineering Phone: 952.227.1160 Fax: 952,227.1170 Finance Phone:952.2271140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone:952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax:952.227.1310 Senior Center Phone:952.2271125 Fax: 952.227.1110 Website www.ci.chanhassen.mn.us November 20, 2015 Scott Pietig 2720 Quaker Lane North Plymouth, MN 55441 Re: Planning Case #10-10, Auto Sales Mr.Pietig: The City of Chanhassen recognizes that the auto sale use of your property, 615 Flying Cloud Drive, is currently discontinued. Per City Code, Section 20-236, "if the conditional use is discontinued for six months, the conditional use permit shall become void." The City understands the difficulties facing business in regards to the construction on County Road 61 /Flying Cloud Drive. Due to the construction, the City will not be scheduling CUP compliance inspections for your property until after completion of the road construction. Once construction is completed, the property will have six months to continue the auto sale use on the property or the conditional use permit will become void. Please contact me if you have any questions or concerns. I can be reached by phone at 952-227-1132 or by email at dingvalson@ci.chanhassen.mn.us. Sincerely, Drew Ingvalson Planner Enclosures ec: Kate Aanenson, Community Development Director 9:\Plan\cuP iuP waP\annual mspeclion do=nenWsw auto bmkm cm #10-l0\co=ty road 61 letter of noncompliance.doc Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow SCANNED CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA AMENDED AND RESTATED CONDITIONAL USE PERM T #97-04 PLANNING CASE 2010-10 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants an amended and restated conditional use permit for the following use which replaces Conditional Use Permit #97-4 dated October 13, 1997, and recorded on August 31, 1998 as Torrens Document No. T103646 C Existing Permit'): A Conditional Use Permit for an Automobile Dealership 2. Property. This amended and restated permit is for the property described in the Existing Permit which is legally described on the attached Exhibit A, and also includes the property situated in the City of Chanhassen, Carver County, Minnesota and legally described on the attached Exhibit B. 3. Conditions. The permit is issued subject to the following conditions: a. No vehicles which are unlicensed or inoperative shall be stored on the premises. b. All repair, assembly, disassembly or maintenance of vehicles shall occur within a closed building except minor maintenance including, but not limited to, tire inflation, adding oil and wiper replacement. c. No outside storage or display is allowed, except vehicles for sale or rent. d. No outside speaker systems shall be allowed without approval from the city council. e. Parking setback shall be applicable for car or truck storage or waiting areas. f. No test driving of vehicles on local residential streets is allowed. g. A landscaped buffer 100 feet from any residential zoning district. h. All vehicle dealers shall be licensed by the state. i. Parcels A and B shall comply with conditions of the Amended and Restated CUP 97-04. j. The applicant shall work with the City Forester to select appropriate species to be installed on the site as shown on the Landscape plan prepared by Curiskis Architects, Inc. dated 8/14/97. k. The most westerly access on Flying Cloud Drive shall be blocked. T-he island separating the two parcels must be removed when 75% of the parking stalls are occupied or the proposed expansion negatively impacts traffic on Flying Cloud Drive including, but not limited to, congestion, accidents, traffic related complaints, etc. A pedestrian access between the parcels shall be provided and maintained prior to the removal of the landscape island. m. The westerly parcel shall be striped and comply with city code. The applicant shall work with staff to provide a parking plan that meets ordinance. Stalls located on the east side of the lot abutting the landscape island, to be removed in the future, may be utilized until the island is removed. n. Vehicle parking and display must maintain a minimum setback of 10 feet from the front property line abutting Flying Cloud Drive. o. The parking lots shall be maintained in good repair. They shall be swept each spring and fall to limit debris from entering the Minnesota Valley National Wildlife Refuge located south of the parking lot and building. p. Any changes to the site will require a Conditional Use Permit amendment. q. Site inspections shall be conducted annually. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. The City may institute any proper action or proceeding at law or at equity to prevent violations of the within property, to restrain or abate violations of the within permit, or to prevent use or occupancy of the Subject Property. 5. Lapse. If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced, this permit shall lapse, unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: September 13, 2010 CITY OF CHANHASSEN BY:r,3 Tom Furlong, Mayor (SEAL) Manager STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this Akay of 1Ci by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City ofianhassen., a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. _ DRAFTED BY: City of Chanhassen P. O. Box 147 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 3 TTTARY PUBLIC 7700 Markel Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone:952.227.1100 Fax:952.227.1110 Building Inspections Phone:952,227.1180 Fax:952.227.1190 Engineering Phone:952.227.1160 Fax:952.227.1170 Finance Phone:952.227.1140 Fax:952.227.1110 Park & Recreation Phone:952.227,1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone:952.227.1400 Fax:952.227.1404 Planning & Natural Resources Phone,952.227.1130 Fax:952.22T1110 Public Works 7901 Park Place Phone:952.227.1300 Fax:952.227.1310 Senior Center Phone:952.227.1125 Fax:952.227.1110 Website www.ci.chanhassen.mn.us • March 16, 2015 Scott Pietig 2720 Quaker Lane North Plymouth, MN 55441 Re: Planning Case #10-10, Auto Sales Dear Mr. Pietig: )0-10 Per our conversation, the City has determined that the property at 615 Flying Cloud Drive is no longer being used for auto sales, provisionally allowed through the Conditional Use Permit Planning Case #10-10. The conditional use permit for this property has become void per Section 20-236 of city code which states, "if the conditional use is discontinued for six months, the conditional use permit shall become void." Thank you for your cooperation and if you have questions or concerns, please contact me at 952-227-1132 or dingvalson@ci.chanhassen.mn.us. Sincerely, Drew Ingvalson Planning Intern cc: Building File cc: CUP File g:�plan�cup iup wap\amml mspexim docuntents\sw auto broker ear #10-10\sw auto brakes casp10-10 void ImerAoc SCANNED Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow M ►o—►i) MY OF CAMSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone:952.227.1100 Fax:952.227.1110 Building Inspections Phone: 952.227.1180 Fax:952.227.1190 Engineering Phone:952.227.1160 Fax: 952.227.1170 Finance Phone:952.227,1140 Fax: 952.227.1110 Park & Recreation Phone:952.227.1120 Fax:952.227.1110 Recreation Center 2310 Coulter Boulevard Phone:952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax:952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone:952.227.1125 Fax: 952.227.1110 Website www.ci.chanhassen.mn.us February 17, 2015 Larry Hopfenspirger 2720 Quaker Lane North Plymouth, MN 55441 Re: Planning Case #10-10, Auto Sales Dear RLB Commercial Properties LLC Management: After conducting an inspection on February 4, 2015, the City has determined that the property at 615 Flying Cloud Drive is compliant with the Planning Case (CAS) #10- 10. Thank you for your cooperation and if you have questions or concerns, please contact me at 952-227-1132 or dingvalson@ci.chanhassen.mn.us. Sincerely, Drew Ingvalson Planning Intern g:lplan\cup iup wap\mmual inspection dmc ts\sw auto brokers cas #10-10\2015 s auto brokers cas#10-10 compliance letter.doc SCANNEC Chanhassen is a Community for Life - Providing for Todayand Planning for Tomorrow Thomas J. Can,e`•, li Roger N. Kni. Thomas M. Sc,,� Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poch I, Soren M. Mattick John F. Kelly Henry A. Schaeffer, III Alina Schwartz Samuel]. Edmunds Marguerite M. McCarron 1380 Corporate Center Curve Suite 317 • Eagan, MN 55121 651-452-5000 Fax 651-452-5550 www.ck-law.com CAMPBELL KNUTSON Professional Association Direct Dial: (651)234-6222 E-mai[Address: snelson@ck-law.com September 19, 2011 CIT' FECEINHASSEN Ms. Kim Meuwissen City of Chanhassen SEP 2 1 201 7700 Market Boulevard P.O. Box 147 CHANHASSEN PLANNING DEP Chanhassen, Minnesota 55317 RE: CHANHASSEN—RECORDATION OFDocumENTs ➢ Amended and Restated Conditional Use Permit #974 for an Automobile Dealership at 615 Flying Cloud Drive Dear Kim: Enclosed for the City's files please find original recorded Amended and Restated Conditional Use Permit #97-4 for an automobile dealership at 615 Flying Cloud Drive. The Amended and Restated CUP was recorded with Carver County on January 21, 2011 as Abstract Document No. A532874 and as Torrens Document No. T178368. Regards, CAMPBELL KNUTSON Professional Association BY: SRN:ms u u R. Nelson, gal Assistant Enclosure SCANNED UNT-77r��r�TI10 T 178368 CARVER COUNTY RECORDER/REGISTRAR OF TITLES DOCUMENT COVER PAGE OFFICE OF THE REGISTRAR OF TITLES CARVER COUNTY, MINNESOTA Receipt # Cert # 23648 Fee: $46.00 Certified Recorded on 1/21/2011 at 09:17 x AM ❑ PM 178368 II!lIIIlII IIIlII IfI Mark Registrar of Titles DOCUMENT DATE: NAMES: q-13-/O DOCUfn@nt NO. OFFICE OF THE A 532874 COUNTY RECORDER CARVER COUNTY, MINNESOTA Fee: $46.00 Certified Recorded on 1/21/2011 1�12C i4 1111101111111111 Receipt# at 09:17�MElPM Ma ndgren n Recorder SCANNED CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, NUNNESOTA AMENDED AND RESTATED CONDITIONAL USE PERNUT #97-04 PLANNING CASE 2010-10 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants an amended and restated conditional use permit for the following use which replaces Conditional Use Permit #97-4 dated October 13,1997, and recorded on August 31, 1998 as Torrens Document No. T103646 ("Existing Permit'): A Conditional Use Permit for an Automobile Dealership 2. Property. This amended and restated permit is for the property described in the Existing Permit which is legally described on the attached Exhibit A, and also includes the property situated in the City of Chanhassen, Carver County, Minnesota and legally described on the attached Exhibit B. 3. Conditions. The permit is issued subject to the following conditions: a. No vehicles which are unlicensed or inoperative shall be stored on the premises. b. All repair, assembly, disassembly or maintenance of vehicles shall occur within a closed building except minor maintenance including, but not limited to, tire inflation, adding oil and wiper replacement. c. No outside storage or display is allowed, except vehicles for sale or rent. d. No outside speaker systems shall be allowed without approval from the city council. e. Parking setback shall be applicable for car or truck storage or waiting areas. f. No test driving of vehicles on local residential streets is allowed. g. A landscaped buffer 100 feet from any residential zoning district. a h. All vehicle dealers shall be licensed by the state. i. Parcels A and B shall comply with conditions of the Amended and Restated CUP 97-04. j. The applicant shall work with the City Forester to select appropriate species to be installed on the site as shown on the Landscape plan prepared by Curiskis Architects, Inc. dated 8/14/97. k. The most westerly access on Flying Cloud Drive shall be blocked. 1. The island separating the two parcels must be removed when 75% of the parking stalls are occupied or the proposed expansion negatively impacts traffic on Flying Cloud Drive including, but not limited to, congestion, accidents, traffic related complaints, etc. A pedestrian access between the parcels shall be provided and maintained prior to the removal of the landscape island. m. The westerly parcel shall be striped and comply with city code. The applicant shall work with staff to provide a parking plan that meets ordinance. Stalls located on the east side of the lot abutting the landscape island, to be removed in the future, may be utilized until the island is removed. n. Vehicle parking and display must maintain a minimum setback of 10 feet from the front property line abutting Flying Cloud Drive. o. The parking lots shall be maintained in good repair. They shall be swept each spring and fall to limit debris from entering the Minnesota Valley National Wildlife Refuge located south of the parking lot and building. p. Any changes to the site will require a Conditional Use Permit amendment. q. Site inspections shall be conducted annually. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. The City may institute any proper action or proceeding at law or at equity to prevent violations of the within property, to restrain or abate violations of the within permit, or to prevent use or occupancy of the Subject Property. 5. Lapse. If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced, this permit shall lapse, unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: September 13, 2010 CITY OF CHANHASSEN BY: K ic Tom Furlong, Mayor (SEAL) Manager STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this �t?"Cy of by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of C%anhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. _ _ A IyO %RY PUBLIC ICti' NJ.ENGELHARDTry Public-Mlnnesota2sw Fxpkes Jen 31, P015 DRAFTED BY: City of Chanhassen P. O. Box 147 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 EXHMrr A PARCEL A LEGAL DESCRIPTION The property described in the Certificate of Title appears therein as follows: That part of Government Lot 3, Section 36, Township 116 North, Range 23 West of the 5a' Principal Meridian described as follows: Commencing at the West quarter comer of said Section 36; thence Southerly along the West line of said Section 36 a distance of 14.65 feet; thence Northeasterly, deflecting to the left 105 degrees 36 minutes 15 seconds, a distance of 1443.80 feet to the point of beginning of the land to be described; thence continuing Northeasterly, along the last described course, a distance of 215.00 feet; thence Southeasterly at a right angle a distance 148.00 feet; thence Southwesterly at a right angle a distance of 215.00 feet; thence Northwesterly at a right angle a distance of 148.00 feet to the point of beginning. PARCEL B LEGAL DESCRIPTION A tract of land in the Northwest Quarter of Section 36, Township 116 North, Range 23 West described as follows: Commencing at a point 1433.8 feet North 73 degrees 20 minutes East from the Southwest comer of said Northwest Quarter, and said point lying in the center line of Trunk Highway 169; thence South and at -right angle to said Trunk Highway a distance of 33 feet to the actual point of beginning; thence continuing South at right angles from Trunk Highway 169 to the intersection with the South line of the Northwest Quarter; thence West along said South line to the intersection with the Southeasterly boundary of said Trunk Highway; thence Northeasterly along said Southeasterly boundary to the actual point of beginning, Carver County, Minnesota. CITY OF CHANHASSEN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER OF TRANSMITTAL DATE JOB NO. 9/22/10 2010-10 ATTENTION Sue Nelson RE[ Document Recording ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 9/13/10 10-10 Amended and Restated Conditional Use Permit 97-04 (Planning Case 2010-10 THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FORBIDS DUE REMARKS COPY TO: Larry Hopfenspirger Duff Hanson ❑ Approved as submitted ❑ Resubmit ❑ Approved as noted ❑ Submit ❑ Returned for corrections ❑ Return ® For Recording ❑ PRINTS RETURNED AFTER LOAN TO US SIGNED: copies for approval copies for distribution corrected prints {L If enclosures are not as noted, kindly notify us at once. SCANNED CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA AMENDED AND RESTATED CONDITIONAL USE PERMIT #97-04 PLANNING CASE 2010-10 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants an amended and restated conditional use permit for the following use which replaces Conditional Use Permit 97-04: A Conditional Use Permit for an Automobile Dealership 2. Property. The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described on the attached Exhibits A and B. 3. Conditions. The permit is issued subject to the following conditions: a. No vehicles which are unlicensed or inoperative shall be stored on the premises. b. All repair, assembly, disassembly or maintenance of vehicles shall occur within a closed building except minor maintenance including, but not limited to, tire inflation, adding oil and wiper replacement. c. No outside storage or display is allowed, except vehicles for sale or rent. d. No outside speaker systems shall be allowed without approval from the city council. e. Parking setback shall be applicable for car or truck storage or waiting areas. f. No test driving of vehicles on local residential streets is allowed. g. A landscaped buffer 100 feet from any residential zoning district. h. All vehicle dealers shall be licensed by the state. i. Parcels A and B shall comply with conditions of the Amended and Restated CUP 97-04. j. The applicant shall work with the City Forester to select appropriate species to be installed on the site as shown on the Landscape plan prepared by Curiskis Architects, Inc. dated 8/14197. k. The most westerly access on Flying Cloud Drive shall be blocked. The island separating the two parcels must be removed when 75% of the parking stalls are occupied or the proposed expansion negatively impacts traffic on Flying Cloud Drive including, but not limited to, congestion, accidents, traffic related complaints, etc. A pedestrian access between the parcels shall be provided and maintained prior to the removal of the landscape island. in. The westerly parcel shall be striped and comply with city code. The applicant shall work with staff to provide a parking plan that meets ordinance. Stalls located on the east side of the lot abutting the landscape island, to be removed in the future, may be utilized until the island is removed. n. Vehicle parking and display must maintain a minimum setback of 10 feet from the front property line abutting Flying Cloud Drive. o. The parking lots shall be maintained in good repair. They shall be swept each spring and fall to limit debris from entering the Minnesota Valley National Wildlife Refuge located south of the parking lot and building. p. Any changes to the site will require a Conditional Use Permit amendment. q. Site inspections shall be conducted annually. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. The City may institute any proper action or proceeding at law or at equity to prevent violations of the within property, to restrain or abate violations of the within permit, or to prevent use or occupancy of the Subject Property. 5. Lapse. If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced, this permit shall lapse, unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: September 13, 2010 CITY OF CHANHASSEN BY: Tom Furlong, Mayor (SEAL) Manager STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this may of lb, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. _ A DRAFTM BY: City of Chanhassen P. O. Box 147 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 3 KARENJ.ENGELHARDT Notary Public -Minnesota '�-.a�' �,3 My Commission Expires Jan 31, 2015 I`, - JO CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION Application of Carl "Duff' Hanson and Larry Hopfenspirger for approval of amended and restated Conditional Use Permit 97-04, Planning Case #10-10, to expand a used car dealership by adding a contiguous property located west of 615 Flying Cloud Drive, zoned Fringe Business (BF) District, to permit parking and display of used vehicles. On August 17, 2010, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Carl "Duff' Hanson and Larry Hopfenspirger for an amendment to a conditional use permit to expand an automobile dealership for the property located at 615 Flying Cloud Drive, by adding a contiguous property located west of 615 Flying Cloud Drive. The Planning Commission conducted a public hearing on the proposed Conditional Use Permit which was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned: Parcel A: Fringe Business District (BF) Parcel B: Fringe Business District (BF) 2. The property is guided by the 2030 Land Use Plan: Parcel A: Office Parcel B: Agriculture 3. The legal description of the property is described as: Parcel A: Exhibit A Parcel B: Exhibit B 4. Conditional Use Findings: a. Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or city. Finding: The amended and restated CUP will not be detrimental or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or city. b. Will be consistent with the objectives of the City's Comprehensive Plan and this chapter. Finding: While the 2030 Comprehensive Plan guides Parcel B as Agriculture, the city must provide a reasonable use of the property based on the existing zoning of the property, Fringe Business (BF) District, which permits an automobile dealership. Based on the existing conditions of the site, which is paved, the expansion of the automobile SCANNED dealership to include vehicle display and parking Parcel B is a reasonable use of the parcel. c. Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. Finding: The proposed expansion to include the existing parking lot for parking and display of vehicles on Parcel B is compatible with the character of the area. There is an automobile dealership located to the north across Flying Cloud Drive. d. Will not be hazardous or disturbing to existing or planned neighboring uses. Finding: The expansion of the automobile dealership meets the requirements for an automobile dealership in the BF district as outlined in the City Code, and will not be hazardous or disturb existing or planned neighboring uses. e. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. Finding: The site is not serviced by municipal services and utilizes a well and septic system. f. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. Finding: Expansion of the automobile dealership will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. Finding: Expansion of the automobile dealership will not negatively impact nor be detrimental to surrounding uses or persons. h. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. Finding: Access to the properties will be reduced from four accesses to three accesses on Flying Cloud Drive. The additional parking should not create increased traffic congestions as an automobile dealership is a destination and not a daily need. 2 i. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. Finding: The proposed expansion of the automobile dealership will not result in the destruction, loss or damage of the solar access, natural, scenic or historic features of major significance. j. Will be aesthetically compatible with the area. Finding: The expansion of the automobile dealership is aesthetically compatible with the area. An automobile dealership is located north of the subject site across Flying Cloud Drive. k. Will not depreciate surrounding property values. Finding: The use will not depreciate surrounding property values; rather it will utilize the existing parking lot on the abutting vacant lot. 1. Will meet standards prescribed for certain uses as provided in this article. Finding: The use is consistent with the City Code with regard to automobile dealerships (Section 20-283) and the BF zoning district. 5. The planning report, Planning Case #10-10, dated August 17, 2010, prepared by Angie Kairies, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the Amended and Restated Conditional Use Permit 97-04, Planning Case #10-10, to expand a used car dealership by adding a contiguous property located west of 615 Flying Cloud Drive, zoned Fringe Business (BF) District, to permit parking and display of vehicles. ADOPTED by the Chanhassen Planning Commission this 17te day of August, 2010. M EXHIBIT A PARCEL A LEGAL DESCRIPTION The property described in the Certificate of Title appears therein as follows: That part of Government Lot 3, Section 36, Township 116 North, Range 23 West of the 50, Principal Meridian described as follows: Commencing at the West quarter comer of said Section 36; thence Southerly along the West line of said Section 36 a distance of 14.65 feet; thence Northeasterly, deflecting to the left 105 degrees 36 minutes 15 seconds, a distance of 1443.80 feet to the point of beginning of the land to be described; thence continuing Northeasterly, along the last described course, a distance of 215.00 feet; thence Southeasterly at a right angle a distance 148.00 feet; thence Southwesterly at a right angle a distance of 215.00 feet; thence Northwesterly at a right angle a distance of 148.00 feet to the point of beginning. B EXHIBIT B PARCEL B LEGAL DESCRIPTION A tract of land in the Northwest Quarter of Section 36, Township 116 North, Range 23 West described as follows: Commencing at a point 1433.8 feet North 73 degrees 20 minutes East from the Southwest corner of said Northwest Quarter, and said point lying in the center line of Trunk Highway 169; thence South and at -right angle to said Trunk Highway a distance of 33 feet to the actual point of beginning; thence continuing South at right angles from Trunk Highway 169 to the intersection with the South line of the Northwest Quarter; thence West along said South line to the intersection with the Southeasterly boundary of said Trunk Highway; thence Northeasterly along said Southeasterly boundary to the actual point of beginning, Carver County, Minnesota. Affidavit of Publication CITY OF CHANHASSEN Southwest Newspapers CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO.2010-10 State of Minnesota) NOTICE IS HEREBY GIVEN that the Chanhassen Planning )SS. Commission will hold a public hearing on Tuesday, August 17, County of Carver ) 2010, at 7:00 P.M. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request to amend Conditional Use Permit Laurie A. Hartmann, being duly swom, on oath says that she is the publisher or the authorized 97.04 to include the contiguous agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- propertytothewest (PID25-0362700) lager and has full knowledge of the facts herein stated as follows: of 615 Flying Cloud Drive, zoned Business Fringe (BF) District, to permit parking of used (A) These newspapers have complied with the requirements constituting qualification as a legal vehicles. Applicant: Carl "DutT' Hanson. newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as A plan showing the location of amended. the proposal is available for public review the (B) The notice that is attached to this Affidavit and identified as No. q qQ on City's web site at www ri chan Mmen mn u / erv/ printed public was published on the date or dates and in the newspaper stated in the attached Notice and said plan/IOdO hL 1 or at City Hall dun Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of ing regular business hours. All in- the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both terested persons are invited to at. tend thispublic hearingand express inclusive, and is hereby acknowledged as being the kind and size of type used in the composition their opinions with respect to this and publication of the Notice: proposal, Angie Kairies, Planner I abcdefghijklmnopgrstt Email: akairies@ci.chanhamen.mn.us J1) Phone: 952-227-1132 (Published in the Chanhassen G/(. By Villager on Thursday, August 5, Laurie A. Hartmann 2010; No. 4406) Subscribed and sworn before me on this day of 2010 JYMbiE J. BARK i NOTARY PUB! IC - MINNESOTA My Commission Expires 01/31/2013 Not blic RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter ................................. $31.20 per column inch Rate actually charged for the above matter ............................................... $12.59 per column inch SCANNED City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 To: Carl "Duff" Hanson Common Cents Auto 615 Flying Cloud Drive Chaska, MN 55318 Invoice SALESPERSON DATE TERMS KTM August 5, 2010 upon receipt QUANTITY DESCRIPTION UNIT PRICE AMOUNT 8 Property Owners List within 500' of 615 Flying Cloud Drive and the $3.00 $24.00 contiguous parcel to the west (PID 25-0362700) (8 labels) Balance of Application Fee (see attached fee breakdown) $50.00 TOTAL DUE $74.00 NOTE: This invoice is in accordance with the Development Review Application submitted to the City by the Addressee shown above (copy attached) and must be paid prior to the public hearing scheduled for August 17, 2010. Make all checks payable to: City of Chanhassen Please write the following code on your check: Planning Case #10-10. If you have any questions concerning this invoice, call: (952)-227-1107. THANK YOU FOR YOUR BUSINESS! SCANNED CITY OF,CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 08/18/2010 11:00 AM Receipt No. 0135357 CLERK: bethany PAYEE: Common Cents Auto 615 Flying Cloud Drive Chanhassen MN 55318 Planning Case 10-07 ------------------------------------------------------- Property Owner List 24.00 Recording Fees 50.00 ----------- Total74.00 Cash 0.00 Check 1111 74.00 Change SCANNED 16 - k0 `Chanhassen City Council - September 13, 2010 Councilwoman Ernst: I make a motion that we adopt the assessment roll for the City project 10- 05 Medical Arts and Colonial Square Parking Lot Rehabilitation. Paul Oehme: And can I add to that, and include. Councilwoman Ernst: And approve the attached Public Improvement and Special Assessment Agreement. Is that what you wanted to add Paul? Paul Oehme: That's correct. Thank you very much. Councilwoman Tjomhom: Is there a second? Councilman Litsey: I'll second that. Resolution #2010-79A: Councilwoman Ernst moved, Councilman Litsey seconded that the City Council adopts the assessment roll for City Project 10-05, Medical Arts and Colonial Square Parking Lot Rehabilitation and approves the attached Public Improvement and Special Assessment Agreement. All voted in favor and the motion carried unanimously with a vote of 3 to 0. Resolution #2010-79B: Councilwoman Ernst moved, Councilman Litsey seconded that the City Council accepts the bids and awards the contract for the Medical Arts and Colonial Square Parking Lot Rehabilitation Project 10-05 to Bituminous Roadways in the amount of $236,820.50. All voted in favor and the motion carried unanimously with a vote of 3 to 0. COMMON CENTS AUTO: REQUEST TO AMEND CONDITTIONAL USE PERMIT 97-04 TO INCLUDE THE CONTIGUOUS PROPERTY TO THE WEST OF 615 FLYING CLOUD DRIVE TO PERMIT PARKING OF USED VEHICLES: APPLICANT: CARL "DUFF" HANSON. Kate Aanenson: Thank you Mayor, members of the City Council. This item is located at 615 Flying Cloud Drive so it's down kind of the bottom of the Y there. This property is zoned Business Fringe. The Business Fringe district is put in place to allow reasonable use of the property while we don't have urban services. Some of the other uses down there, we have the dog kennels. We have the miniature golf, driving range down there so these, the intent of the Business Fringe district is to allow services that don't need necessarily sewer and water but gives reasonable use of the property so having stated that there are some permitted use. The agricultural uses but there are conditional uses and then some interim uses. Again the conditional use would be at a time, such time that sewer and water becomes available we anticipate that a higher and better use will come on the property. So this property has some history to it. There's two properties that are involved. There is a conditional use on Parcel A and this application is requesting to extend it over to Parcel B. Parcel A was a gas station and Parcel B was actually a drive thru restaurant. So currently Parcel A has the conditional use for auto sales and the request then is to actually move some of those auto sales onto Parcel B. So this would allow for individuals to bring their cars there to this parcel and have the owner, the applicant to kind of supervise what's happening on that site so he would allow people to go to 0 Chanhassen City Council - September 13, 2010 i that site. Lease a space. Pay him a fee and then they could advertise their vehicles for sale. So in discussing this with the Planning Commission and putting together the application, again the bottom of the Y, we wanted to make sure that it's a clean site. That it's not an eyesore. Currently the car lot itself is being, is organized in the fact that it's striped and there's some semblance of order. How you come in and how you go out of the site so we just wanted to make sure there wasn't haphazard locations. There's currently two access off of Flying Cloud Drive, County Road 61. You can see Access 2, 3 and 4 so one of the applications you can see in white there it says block the access, so that would be closed off so you're trying to control the turning movements in there. People going in to look at cars. Driving by and seeing something they're interested and pulling in. Again the control that we felt comfortable with is that there's an owner on Parcel A so people aren't just leaving vehicles there. He has the right to tow something or remove something that wouldn't necessarily be allowed there so a couple concerns that we had is we wanted to see how the parking lot was going to be laid out so it just wasn't haphazard and an eyesore and that there was some control. Access to the site and it's an ongoing kind of inspection. The Planning Commission heard this item on their August 17 meeting and they had some of the same concerns about you know just making sure it's being operated properly as stated. We don't typically allow people just to throw cars on a lot. Because there was a control point with somebody next door we felt comfortable with that. It does provide a service. They also wanted to see that the parking lot be striped in such a way that it appears more, a semblance of order. Not just something to drive in and leave your vehicle and so we asked the applicant to stripe the parking lot. This shows, I think he had requested over 100 so the Planning Commission felt like that may be too many. Kind of wanted to monitor that and asked the staff to go down and make annual inspections of that, and just so people can get around in there because not only is the parking lot being full. You also have people come to look at vehicles and they need a place to park to get in and out and they're going to probably want to test drive it or pull or it's kind of look at that sort of thing so they wanted to make sure that kind of take it in piecemeal basis. Bring a percentage on there. See how that's working. How it's operating and then certainly you know follow up with staff inspecting it. But having said that, making those changes, the applicant did supply this striped parking lot. We did go by today. It's not striped yet. We want to make sure that happens yet this fall. There are some things coming on there. We want to make sure that they are again put in an area that would in a way on the property in such a way that it doesn't detract from that area. That it's an asset. Again that doesn't just look haphazard and I think that certainly can be accomplished by the applicant. So having said that the Planning Commission did recommend approval of the application so this, what this is doing is reinstating the conditional use permit and amending it to the other piece. Moving it on Parcel A moving it over to Parcel B. So they did recommend approval of that with the changes in the staff report with the conditions of approval and the recommendations, excuse me. The Findings of Fact and the recommendations. So with that I'd be happy to answer any questions that you have. Mayor Furlong: Thank you. Questions for staff. Councilwoman Tjomhom: I have just one question regarding signage. Was that an issue at the Planning Commission? 10 03AMAOS Chanhassen City Council - September 13, 2010 Kate Aanenson: Yeah. There are some additional signs down there right now too so it does need to comply to the sign ordinance and I think that was one of the issues. Some of those control points that they want to make sure there was inspections on so it didn't become, that kind of an eyesore so I noticed there was a few additional ones down there now so we'll work with the applicant on that. Mayor Furlong: Other questions. Ms. Aanenson with regard to, this is amending a pre-existing conditional use correct? Kate Aanenson: That's correct. Mayor Furlong: So they already have the right to conduct this activity on Parcel A. Kate Aanenson: Correct. Correct. Mayor Furlong: And they're looking to extend it over to B. Is there any limit in terms of the number of vehicles that could be included? Kate Aanenson: Yes. Yes. Yes. Mayor Furlong: I thought I saw it but I don't see it right now. Kate Aanenson: Yeah, it's 75. Currently he has 20-30 striped. You can see some of them are in the drive aisles. That's an older picture so I don't want you to go by that. So what we had the applicant do is lay out a striping plan. Now there's things bigger than cars down there. It could be a boat. It could be an RV. It could be a, so it's all predicated on how that works. There are some stalls in there that don't work because you can't back out so the main goal, and I think the Planning Commission felt too that they wanted it to be, to look like a true sales lot. If you go back to the other slide, this property, the property across the street are both being operated as a used car lot. This is a little bit different. He's allowing people to bring their own vehicle and lease the space to sell it for their own so there's a control point with the owner but there's a little bit more freedom there so it's just controlling to make sure that people are putting the vehicles back or parking in such a way that there's a semblance of. We have a contact person if there's a problem which is a good thing too. Mayor Furlong: And the 75 vehicles, is that in the earlier conditional use? Kate Aanenson: It was the amended part. I think it should be underlined in the staff report. Oh excuse me, it was 75% of the stalls are impacted and I think that what we did is we counted. Mayor Furlong: That's when you open up that curb. Kate Aanenson: Yep. Yep and so we originally had tried to put some numbers in there so we think on the Parcel A it was 25 cars and so instead of putting the 50 in there we said let's see what works on the site and so we tried to say once it gets to 75% we wanted an access point 11 Chanhassen City Council - September 13, 2010 between the existing parking lot and then, so the people can go between the two for better circulation, and for control mechanism. Mayor Furlong: And I saw that but that only works with the access and opening that up. Kate Aanenson: Right. Right. Mayor Furlong: In terms of total number of cars. Kate Aanenson: No. Mayor Furlong: There's no limitation on that? Kate Aanenson: No, it's based on this site plan, and I'm not sure I've got the exact count on there but. Mayor Furlong: And does this cover both A and B? Parcels A and B? Kate Aanenson: No that would just be B. Mayor Furlong: That's just B. Kate Aanenson: Correct. Mayor Furlong: And that's how many adding? . Councilman McDonald: On page 6 of 7 you say that it's 72 were submitted. Kate Aanenson: Okay, 72. Thank you. Mayor Furlong: 72 being added to what's already on A? Kate Aanenson: Correct. Correct. Mayor Furlong: And that striping on A has about 25 cars? Kate Aanenson: Yeah, 23. 25. Yes. Mayor Furlong: Just over 100 total. Kate Aanenson: Right, yeah. So again if you go back, there's 5 stalls that are kind of in such a way that you can't really back out of them so it may be less than that, again if depending on the size of the vehicle. Again the goal is that originally the applicant didn't want to have a parking plan and wanted to have as many as he could on the site and the staff felt that would really be a negative visual impact, and also trying to control what happens with the other car place across the street that doesn't take on that same look so as people are driving by it looks orderly. And 12 Chanhassen City Council - September 13, 2010 then people can get in there to look at a vehicle without causing a traffic circulation or traffic problems when you get in the site. Mayor Furlong: Is the property on the north side, is that also operated under a conditional use permit? Kate Aanenson: That's correct. Mayor Furlong: Okay. Kate Aanenson: And those have been in place for a number of years. Mayor Furlong: Alright. And.I guess the question here is, is there anything that precludes the paved surface needing to be expanded and to add more onto... Kate Aanenson: No we looked at that. He's using what's on there right now. There's a flood plain behind. I think the other issue too, just to control what's on the property, we asked that all vehicles on the property, whether it's a boat or, that they be currently licensed so it doesn't end up just kind of being a storing place. It's not intended for that so those are some of the things that we're going to have to follow up on to make sure that it's not a storage yard and it's intended to be a place that things come and they go so. Mayor Furlong: Alright. And I guess I'm wondering if there should be, maybe we can ask the applicant in a minute. Kate Aanenson: A timeframe or? Mayor Furlong: Timeframe or just total number of vehicles that he's expecting... Kate Aanenson: Yes. You can ask him that. I think we just felt his original response to that was overly optimistic to get on the site and still be able to move it over. Mayor Furlong: Right but looking, if he's going to back out Parcel B is quite a large parcel relative to A. Kate Aanenson: Right. Yep, so that's where we came up with the 75 Mayor Furlong: We can talk about that, okay. And then there's nothing here that's changing the size of the building or the. Kate Aanenson: No. Mayor Furlong: Activities within the building or service. Kate Aanenson: No. No, that does have a septic and we ask to get pumping reports and those have all been submitted and are. 13 Chanhassen City Council - September 13, 2010 Mayor Furlong: Current. Kate Aanenson: So it's current, correct. Mayor Furlong: Okay. Thank you. Any other questions for staff at this time? Is the applicant here? Mr. Hanson. Carl Hanson: Yes. Mayor Furlong: I invite you to come up to the podium. Anything you'd like to address to the council this evening? Good evening. Carl Hanson: Yeah, my name's Carl Hanson. I'm the one that's throwing the dice at this. You know I don't know, I might only need 5 spaces. I don't know if this is going to work. You know it's an owner to owner thing is real big in St. Paul. I had a lot of people you know that drive by there stop and ask, you know if I park my car here for the weekend, I don't care. You know if you want to, go ahead. So a friend of mine said you know they charge people to do this in St. Paul. I guess throw you know 3, 4, 5 grand at this and see what happens. That's all I'm doing. You know if it works it works. Create some activity down there. Maybe some of the other guys can get, make some money off of it too. The mechanics up on the hill. You know the garden place down the street. You know if we can create some activity. I mean we're out there in never never land. We don't even have sewer and water you know so it's just a gamble. That's all I can do nowadays. Throw the dice and hope you pull them out. But it'll be you know, it'll be kept up nice and clean. I mean I've thrown a lot of money into that building, other building already. I mean I think I'm the first one to ever pull a sign permit on that building. Thank you. Kate Aanenson: Let the record show you're not the first. Carl Hanson: I'm not the first? I think her comment was, well you do want to be in compliance don't you? But you know I've repainted everything in there. I put wood floors in the office and, I mean at least now you don't mind walking in the place. You're not going to catch something. So it's, you know and the other place will be just as nice. I mean I've already contracted with a striping company to come over there and lay it our professionally so everything's you know what we need to be and you know if it ends up to be you know 40 parking spots, fine. If it ends up to be 72, that's fine too but it'll meet all the specs. I mean that's why I'm paying somebody else to do it so. Mayor Furlong: Okay. Carl Hanson: And it'll be nice. And if it works, great. If it doesn't, hell I've lost more in a poker game. Mayor Furlong: Alright. And I guess following up on my question to staff in terms of total number, you're comfortable at basically the 105? The 72 above that. 14 Chanhassen City Council - September 13, 2010 Carl Hanson: You know if it starts to get too crowded, well you know at 75, I mean that's fine. I mean if that's all, if the guys that come out and lay out the lines find that they can only put you know 60 in there comfortably, then I'll have 60 because I don't know what's going to be in there. I mean I've got one guy ask me if he can put a 30 foot antique wood boat in there. I said hell for money I'll do you know put anything over there you know so I don't know what I'm going to get. No idea. Mayor Furlong: Alright. Carl Hanson: I just know I've got some traffic. You know what comes of it comes of it Mayor Furlong: Okay. Carl Hanson: Now what can you guys do to help me out with business down there? There's got to be some ordinance you can pass, must go buy a car a Duff or something. Mayor Furlong: That would be a challenge. We'll consider it. Any questions for Mr. Hanson? Okay. Very good. Any follow up questions for staff? Otherwise comments. Discussion. Councilwoman Ernst: I think it's great. I like risk takers and I think it's a great idea. Mayor Furlong: Okay. Councilman Litsey: Roll the dice and see what happens. Mayor Furlong: Sounds good. Is the, and just from a side standpoint Ms. Aanenson, by adopting the staffs report that includes this 72 so that would be, if it started going significantly over that then there'd be another discussion about where is this going... Kate Aanenson: Right and we feel comfortable. Yeah we feel comfortable working it out, give him a call and going down there and checking. We've got a good relationship and again I think the positive thing is you've got a presence down there that you know that there's somebody that we know that we can call if there's a problem so. Mayor Furlong: Yeah, no I think it's. Carl Hanson: I'm always there. Todd Gerhardt: We know where you are. Mayor Furlong: It's a nice addition and in that area there's still traffic along that road, even with the new 212. There's still a lot of traffic and you know I agree with Mr. Hanson. If we can get people to think about stopping down there it might help some of the other businesses as well and create a little energy down there so that sounds great. Any other discussion? If not, Councilwoman Ernst would you like to make a motion? 15 Chanhassen City Council - September 13, 2010 Councilwoman Ernst: Sure. I make a motion that we approve the amended and restated conditional use permit 97-04 for a used car lot in the Fringe Business (BF) district, Planning Case 10-10 subject to conditions and adoption of the Planning Commission's Findings of Fact and Recommendation as outlined in the staff report. Mayor Furlong: Thank you. Is there a second? Councilman McDonald: I'll second. Mayor Furlong: Made and seconded. Any discussion on the motion? Hearing none we'll proceed with the vote. Councilwoman Ernst moved, Councilman McDonald seconded that the City Council approve the amended and restated Conditional Use Permit 97-04 for a used car dealership to included the contiguous property to the west (PID 25-0362700) of 615 Flying Cloud Drive, for parking and display of used vehicles, Planning Case #10-10, subject to the following conditions and adoption of the Planning Commission's Findings of Fact and Recommendation: 1. No vehicles which are unlicensed or inoperative shall be stored on the premises. 2. All repair, assembly, disassembly or maintenance of vehicles shall occur within a closed building except minor maintenance including, but not limited to, tire inflation, adding oil and wiper replacement. 3. No outside storage or display is allowed, except vehicles for sale or rent. 4. No outside speaker systems shall be allowed without approval from the city council. 5. Parking setback shall be applicable for car or truck storage or waiting areas. 6. No test driving of vehicles on local residential streets is allowed. 7. A landscaped buffer 100 feet from any residential zoning district. 8. All vehicle dealers shall be licensed by the state. 9. Parcels A and B shall comply with conditions of the Amended and Restated CUP 97-04. 10. The most westerly access on Flying Cloud Drive shall be blocked. 11. The island separating the two parcels must be removed when 75% of the parking stalls are occupied or the proposed expansion negatively impacts traffic on Flying Cloud Drive, including but not limited to congestion, accidents, traffic related complaints, etc. A pedestrian access between the parcels shall be provided and maintained prior to the removal of the landscape island. 16 Chanhassen City Council - September 13, 2010 12. The westerly parcel shall be striped and comply with city code. The applicant shall work with staff to provide a parking plan that meets ordinance. Stalls located on the east side of the lot abutting the landscape island, which is to be removed in the future, may be utilized until the island is removed. 13. Vehicle parking and display must maintain a minimum setback of 10 feet from the front property line abutting Flying Cloud Drive. 14. The parking lots shall be maintained in good repair. They shall be swept each spring and fall to limit debris from entering the Minnesota Valley National Wildlife Refuge located south of the parking lot and building. 15. Any changes to the site will require a Conditional Use Permit amendment. 16. All signs shall comply with City Code and require a separate sign permit. 17. Site inspections shall be conducted annually." All voted in favor and the motion carried unanimously with a vote of 5 to 0. 2011 BUDGET: APPROVE RESOLUTION ESTABLISHING PROPOSED MAXIMUM LEVY, CERTIFICATION TO CARVER COUNTY. Greg Sticha: Good evening Mayor and fellow City Council members. I'm going to go through a brief power point discussing some of the items that the City Council's already discussed in previous work sessions in regards to setting a preliminary levy and general fund revenue and expenditure budget. First I'm going to have to take a quick overview of the budget calendar of the remainder of the year. This evening we'll be setting a preliminary levy and certifying with the County the preliminary tax levy for budget year 2011. The form needs to be given to the County by Wednesday actually to set the preliminary levy. The levy, the preliminary levy is used to send out the Truth in Taxation statements that will be going out here shortly from the County. October 25d' it's staff's plan to review the third quarter 2010 revenue and expenses data and also review the CIP document at that time. In addition we'll be reviewing the utility fund operations budget for 2011. On November 8d' at our work session we'll be discussing our annual utility rate study with our financial advisors Ehlers and Associates. On November 22°d we'll discuss any remaining items in regards to the budget, the CIP or the utility rate discussion to clear up any of those last few items for any of those. On December 6d' we'll be holding a public budget meeting. This was formerly known as the Truth in Taxation Hearing. And then on December 13d' we will need to set a final 2011 tax levy and budget, adopt the 2011 through 2015 CIP and also set utility rates and all other fees for the upcoming 2011 year. I'm going to be going through 3 scenarios with you this evening and I wanted to go over some of the assumptions used in preparing the budget for all 3 scenarios. There were 5 similar assumptions that were used for all 3 scenarios. First we included a 2% wage increase for employees in 2011. Secondly we budgeted for a 25% increase in health care costs. We just received word back that that's exactly where the bids came in at so we're very fortunate we budgeted accurately for that line item. Thirdly all 3 scenarios include $108,000 in new construction or new growth. The City experienced about just over 1% in new construction or new growth for the upcoming budget year 17 0 CITY OF CHANBASSEN 7700 Markel Boulevard PO Box 147 Chanhassen, MN 55317 Administration Rhona. 952 227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax:952.227.1170 Finance Phone: 952.227.1140 Fax: 952,227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Bouk+rard Phoae:952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone:952.227.1300 Fax:952.227.1310 Senior Center Rme:952.227.1125 Fax: 952.227.1110 Web Site wNad chanhassen.mn.us September 16, 2010 Carl Hanson Common Cents Auto 615 Flying Cloud Drive Chaska, MN 55318 Re: Common Cents Auto CUP Amendment Request 615 Flying Cloud Drive and PID 25-0362700 Planning Case No.2O1O-10 Dear Mr. Hanson: This letter is to formally notify you that on September 13, 2010, the Chanhassen City Council approved the amended and restated Conditional Use Permit 97-04 for a used car dealership to include the contiguous property west of 615 Flying Cloud Drive (PID 25-0362700), for parking and display of used vehicles, Planning Case #2010-10. The CUP is subject to the following conditions: a. No vehicles which are unlicensed or inoperative shall be stored on the premises. b. All repair, assembly, disassembly or maintenance of vehicles shall occur within a closed building except minor maintenance including, but not limited to, tire inflation, adding oil and wiper replacement. c. No outside storage or display is allowed, except vehicles for sale or rent. d. No outside speaker systems shall be allowed without approval from the city council. e. Parking setback shall be applicable for car or truck storage or waiting areas. f. No test driving of vehicles on local residential streets is allowed. g. A landscaped buffer 100 feet from any residential zoning district. h. All vehicle dealers shall be licensed by the state. i. Parcels A and B shall comply with conditions of the Amended and Restated CUP 97-04. The applicant shall work with the City Forester to select appropriate species to be installed on the site as shown on the Landscape plan prepared by Curiskis Architects, Inc. dated 8/14/97. Chanhassen is a Community for Life . Providing for Today and Planning for Tornarroe SCANNED Mr. Carl Hanson September 16, 2010 Page 2 k. The most westerly access on Flying Cloud Drive shall be blocked. 1. The island separating the two parcels must be removed when 75% of the parking stalls are occupied or the proposed expansion negatively impacts traffic on Flying Cloud Drive including, but not limited to, congestion, accidents, traffic -related complaints, etc. A pedestrian access between the parcels shall be provided and maintained prior to the removal of the landscape island. m. The westerly parcel shall be striped and comply with city code. The applicant shall work with staff to provide a parking plan that meets ordinance. Stalls located on the east side of the lot abutting the landscape island, to be removed in the future, may be utilized until the island is removed. n. Vehicle parking and display must maintain a minimum setback of 10 feet from the front property line abutting Flying Cloud Drive. o. The parking lots shall be maintained in good repair. They shall be swept each spring and fall to limit debris from entering the Minnesota Valley National Wildlife Refuge located south of the parking lot and building. p. Any changes to the site will require a Conditional Use Permit amendment. q. Site inspections shall be conducted annually. A fully executed copy of the Amended and Restated Conditional Use Permit 97-04 will be mailed to you under separate cover. If you have any questions, please contact me at 952-227- 1132 or by email at akairies@ci.chanhassen.mn.us. Sincerely, t Jai ` p Angie Kairies Planner I cc: Jerry Mohn, Building Official c: Larry Hopfenspirger Building Permit File CUP File gAplan\2010 planing ca XIO-10 canmoo cents auto cup 97-04 ameudrnmAlctter of approval.doc 3 CITY OF 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952,227.1100 Fax: 952.227.1110 Building Inspections Phone: 952,227.1180 Fax:952.227.1190 Engirreeriog Phone: 952.227.1160 Fax: 952.227,1170 Finance Phone: 952.227.1140 Fax: 952.227,1110 Park & Becmation Phone:952.227.1120 Fax: 952227.1110 Recreation Carter 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227,1300 Fax: 952.227.1310 Senior Ceder Phone: 952.227.1125 Fax: 952.227.1110 web Site wwwachanhassen.mn.us MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Angie Kairies, Planner I DATE: September 13, 2010 SUBJ: Approval of Amended and Restated Conditional Use Permit 97-04, 615 Flying Cloud Drive and Contiguous Property to the West to Expand an Automobile Dealership PROPOSED MOTION: "The Chanhassen City Council approves the amended and restated Conditional Use Permit 97-04 for a used car lot in the Fringe Business (BF) District, Planning Case #10-10, subject to conditions and adoption of the Planning Commission's Findings of Fact and Recommendation as outlined in the staff report." City Council approval requires a majority of City Council present. EXECUTIVE SUMMARY The applicant is requesting an amendment to Conditional Use Permit 97-04 to expand a used car dealership by adding a contiguous property located west of 615 Flying Cloud Drive, zoned Fringe Business (BF) District, to permit parking and display used vehicles. The lot will also be used for individual vehicle display and sales on weekends. PLANNING COMMISSION UPDATE A public hearing was held at the August 17, 2010, Planning Commission meeting. The Planning Commission voted 6 to 0 to approve the amended and restated CUP 97-04. The Planning Commission discussed the following items: Safety, Number of Parking Stalls, and Traffic Circulation. Safety: The Planning Commission was concerned with safety and the condition of the lot and recommended adding a condition to include annual inspections of the site. Machassdr is a Cordmnily for We - Providing forToday and Planning forTornorrow Todd Gerhardt CUP Common Cents Auto September 13, 2010 Page 2 Number of parking stalls: The applicant stated that limiting the number of vehicles to 50 is not sufficient for the potential of the business. The Planning Commission recommended the applicant provide a striping plan for the parking lot that complies with city code. The applicant provided a parking plan with 72 stalls. The drive aisle between the parking stalls along the southwest pavement area and the center stalls does not comply with the 26 foot width requirement. The applicant shall work with staff to provide a parking plan that meets ordinance. There are stalls on the east side of the layout abutting the landscape island, which is to be removed in the future to provide vehicular circulation between the two parcels. The stalls may be utilized until the island is removed. Traffic Circulation: The applicant also stated that the condition to remove the curb and landscape island separating the two parcels is not reasonable to do right away. The Planning Commission determined that the condition to maintain the circulation between the parcels is reasonable. Staff is recommending that the condition to remove the landscape island be revised to read as follows: "The island separating the two parking lots must be removed when 75% of the parking stalls are occupied or the proposed expansion negatively impacts traffic on Flying Cloud Drive, including but not limited to congestion, accidents, traffic -related complaints, etc. A pedestrian access between the parcels shall be provided and maintained prior to the removal of the landscape island." The Planning Commission minutes are Item la of the City Council packet. RECOMMENDATION Staff and the Planning Commission recommend that the City Council adopt the following motion: "The Chanhassen City Council approve s the amended and restated Conditional Use Permit 97-04 for a used car dealership to include the contiguous property to the west (PH) 25-0362700) of 615 Flying Cloud Drive, for parking and display of used vehicles, Planning Case #10-10, subject to conditions and adoption of the Planning Commission's Findings of Fact and Recommendation as outlined in the staff report." ATTACHMENTS 1. Parking lot plan dated Received August 18, 2010. 2. Staff report dated August 17, 2010. GAPLAN\2010 Planning Cases\10-10 Common Cents Auto CUP 97-04 Amendment\Executive Summary 9-13-10.doc 41re 4 " OF CHANHASSEN RECEIVED AG 1 8 2010 "-4SSEN PLMINING DEP"i 4v Dtive aisle less than 26' ,2e"s1 j I, m � 49 Irk 4wo* 4wr1 FO ti sidewalk connection 0 CITY OF CHANHASSEN PROPOSED MOTION: PC DATE: 8/17/10 CC DATE: 9/13/10 REVIEW DEADLINE: 9/14/10 CASE #: 10-10 BY: AK "The Chanhassen Planning Con rAssian 'hait th City Council approves the amended and restated Conditional Use Permit 97-04 for a used car lot in the Fringe Business (BF) District, Planning Case #10-10, subject to conditions and adoption of the Planning Commission's Findings of Fact and Recommendation as outlined in the staff report." PROPOSAL: The applicant is requesting an amendment to Conditional Use Permit 97-04 to expand a used car dealership by adding a contiguous property located west of 615 Flying Cloud Drive, zoned Fringe Business (BF) District, to permit parking and display used vehicles. LOCATION: APPLICANT: 615 Flying Cloud Drive (Parcel A) Parcel Number 25-0362700 (Parcel B) Carl "Duff' Hanson 615 Flying Cloud Drive Chaska, MN 55318 Larry Hopfenspirger 2720 Quaker Lane North Plymouth, MN 55441 PRESENT ZONING: Business Fringe (BF) District 2030 LAND USE PLAN: Parcel A: Office Parcel B: Agriculture ACREAGE: Parcel A:.55 Acres; DENSITY: N/A Parcel B: 3.19 Acres ADJACENT ZONING: The adjacent property to the west is the "Y" intersection connecting Chanhassen, Eden Prairie, Chaska and Shakopee. The properties to the north are zoned Fringe Business District (BF) and contain commercial businesses. The property to the east is zoned Agricultural Estate (A2) and contains a motel. The property located to the south is zoned Fringe Business (BF) and Agricultural Estate (A2) and contains the Minnesota Valley National Wildlife Refuge, owned by the MN Department of Natural Resources. WATER AND SEWER: Water and sewer service is not available to the site. The site utilizes a well and septic system. LEVEL OF CITY DISCRETION IN DECISION MAKING: The City has limited discretion in approving or denying conditional use permits, based on whether or not the proposal meets the conditional use permit standards outlined in the Zoning a Common Cents Auto e,,, us4 1:7 2n1n ..bao.- i-rzvry September 13, 2010 Page 2 of 8 Ordinance. If the City finds that all the applicable conditional use permit standards are met, the permit must be approved. This is a quasi-judicial decision. PROPOSAL/SUMMARY The applicant is requesting an amendment to Conditional Use Permit (CUP) 97-04 to expand the auto dealership to include the property located west of the subject site to permit used vehicle parking and display. The intent of the expansion will be to allow individual parties to park their vehicles on the lot for sale and conduct personal transactions. The individual parties will rent the space from the lessee of property 615 Flying Cloud Drive. Common Cents Auto August 17,2910 September 13, 2010 Page 3 of 8 The westerly property contains a bituminous parking area and is not included in the existing CUP; therefore, parking used vehicles for sale on the vacant parking lot requires an amendment to the CUP. APPLICABLE REGUATIONS Chapter 20, Article IV, Conditional Use Permits Chapter 20, Article IV, Division 4, Section 20-283. Automotive Dealers BACKGROUND On August 9, 1988, the Chanhassen City Council approved a conditional use permit (88-12) for an 80 square -foot pylon sign for Super America, 615 Flying Cloud Drive, on property zoned Agricultural Estate (A2). In May, 1993, a permit was issued for the removal of the gas storage tanks on the site. On October 28, 1996, the Chanhassen City Council determined that the property was zoned Fringe Business District (BF) in response to an appeal of an administrative decision regarding the zoning of the property. On October 13, 1997 a conditional use permit was approved for 615 Flying Cloud Drive to operate a used car dealership on the former Super America site. The approved CUP and Site Plan permits were contained within one recording document; staff has separated the CUP Permit and Site Plan Permit into individual documents for recording. Approval of the CUP and Site Plan included several conditions. In April 2010, staff conducted an inspection of the site. Based on the inspection, the site is in compliance with most of the conditions of approval; the required landscaping is no longer located on the site and must be replaced. According to the applicant, the landscaping did not withstand the salt and sand applications on Flying Cloud drive during the winter. Staff recommends the applicant work with the City Forester to select salt tolerant overstory trees and shrubs for the landscape areas. Compliance Table: CUP Conditions 20-283 Compliance No vehicles which are unlicensed or inoperative shall be stored Yes on the premises. All repair, assembly, disassembly or maintenance of vehicles Yes shall occur within a closed building except minor maintenance, including, but not limited to, tire inflation, adding oil and wiper replacement. No outside storage or display is allowed, except vehicles for Yes sale or rent. No outside speaker systems shall be allowed without approval Yes from the city council. Common Cents Auto August 17,2010 September 13, 2010 Page 4 of 8 CUP Conditions 20-283 Compliance Parking setback shall be applicable for car or truck storage or waiting areas. Yes No test driving of vehicles on local residential streets is allowed. Yes A landscaped buffer 100 feet from any residential zoning district. Yes All vehicle dealers shall be licensed by the state. Yes A site plan agreement was also approved with the CUP 97-04; the conditions still apply to Parcel A the site and include: Site Plan Conditions Compliance The applicant shall enter into a site plan agreement with the Yes city and provide the necessary security as required by the agreement. The applicant shall install site landscaping as shown on the The applicant shall replace the Landscape plan prepared by Curiskis Architects, Inc. dated landscaping. 8/14/97. Overstory species from the City's Approved Tree list must be The applicant shall work with used. Shrubs shall also be chosen from the city's list. the City Forester to replace the landscaping. Revise site plans as follows: Narrow both driveway accesses Yes onto Trunk Highway 169 (County Road 61) to 30 feet wide. Reduce turnaround tabs 5 feet at each end of the parking lot. Add erosion control silt fence at the southwest and southeast comers of the parking lot approximately 10 feet from each comer. The applicant and/or property owner shall supply the city's Yes Building Official with maintenance and pumping records of the septic sstem every two years. The applicant shall be responsible for obtaining and complying Yes with any and all permits from MnDOT for construction within Trunk Highway 169 (County Road 61) right-of-way. The applicant shall comply with the conditions in the letter from Scott Peters to Robert Generous dated September 8, 1997. The applicant shall agree to establish a wetland buffer zone Yes along the south property line. In creating the buffer zone the applicant will agree to allow natural vegetation to grow, and agree to keep all business, storage and maintenance activities out of the buffer area. Wetland buffer areas shall be identified in accordance with the Cit 's wetland ordinance. Provide proof of septic tank pumping by a licensed pumper to Yes the City. This must be done before the building is occupied. Provide ties for the septic tanks, pump tank distribution box. Yes Common Cents Auto August 17, 2010 September 13, 2010 Page 5 of 8 This must be done before the building is occupied. Revise the proposed site plan to provide the correct accessible Yes parking. This should be done before council approval. A separate sign permit shall be required for all signage Yes installed on the site. Overall, the site is well kept and free of debris. The applicant recently leased the site and has removed non -compliant storage and debris as well as painted the building and obtained a sign permit to install new wall signage. ANALYSIS The applicant is requesting an amendment to the conditional use permit to include the property to the west for additional parking of used vehicles. The property to the west was used as a drive-in and later truck parking and contains a bituminous parking lot. Both properties are owned by the same owner. The subject sites are located in the southern portion of the city on Flying Cloud Drive east of the intersection connecting Chanhassen, Eden Prairie, Shakopee, and Chaska, commonly known as the "Y" intersection. The property located to the west of the used car dealership was historically used as a drive-in and later truck parking. It currently contains an empty bituminous parking lot. The applicant is requesting to incorporate the westerly parcel as part of the automobile dealership and permit additional vehicle parking and display. This will create an expansion of the dealership; therefore, staff is recommending improvements to the site to address the following issues: Safety: The subject properties currently have four private access points on Flying Cloud Drive. In order to improve safety along Flying Cloud Drive, staff is recommending that the most westerly access (Access 4) be blocked. Traffic circulation: There is a curb and a landscape island separating the two properties. Staff is recommending removal of the curb and landscape island to provide vehicular circulation and continuity between the two parcels when 75% of the parking stalls are occupied or the proposed expansion negatively impacts traffic on Flying Cloud Drive, including but not limited to congestion, accidents, traffic related complaints, etc. A pedestrian access between the parcels shall be provided and maintained prior to the removal of the landscape island. Number of parking stalls: The easterly site currently contains 25 parking spaces; pai,,:..,...paee an the .. ester4y panel ..,r ieh will pemmt a t,.W of 75 , ehieles to he par4ea an b YW^�••s�Y sites- The westerly parcel shall be striped and comply with city code. Common Cents Auto August -.'z4ry September 13, 2010 Page 6 of 8 The applicant provided a parking plan with 72 stalls. The drive aisle between the parking stalls along the southwest pavement area and the center stalls does not comply with the 26 foot width requirement. The applicant shall work with staff to provide a parking plan that meets ordinance. There are 7 stalls on the east side of the layout abutting the landscape island, which is to be removed in the future to provide vehicular circulation between the two parcels. The 7 stalls may be utilized until the island is removed. Setback: All vehicles shall maintain a minimum setback of 10 feet from the front property line, to ensure visibility and safety to motorists on Flying Cloud Drive. Maintenance: The parking lots shall be maintained in good repair. They shall be swept each spring and fall to limit debris from entering the Minnesota Valley National Wildlife Refuge located south of the parking lot and building. Staff is recommending approval of the CUP amendment to include the property to the west legally described in Exhibit B. Common Cents Auto August 17,2010 September 13, 2010 Page 7 of 8 RECOMMENDATION Staff and the Planning Commission recommend that the Planning GefaFFAss Chanhassen City Council adopt the following motion: `The Chanhassen Planning G,,....,.issi n re,.,... mends th City Council approves the amended and restated Conditional Use Permit 97-04 for a used car dealership to included the contiguous property to the west (PID 25-0362700) of 615 Flying Cloud Drive, for parking and display of used vehicles, Planning Case #10-10, subject to the following conditions and adoption of the Planning Commission's Findings of Fact and Recommendation: 1. No vehicles which are unlicensed or inoperative shall be stored on the premises. 2. All repair, assembly, disassembly or maintenance of vehicles shall occur within a closed building except minor maintenance including, but not limited to, tire inflation, adding oil and wiper replacement. 3. No outside storage or display is allowed, except vehicles for sale or rent. 4. No outside speaker systems shall be allowed without approval from the city council. 5. Parking setback shall be applicable for car or truck storage or waiting areas. 6. No test driving of vehicles on local residential streets is allowed. 7. A landscaped buffer 100 feet from any residential zoning district. 8. All vehicle dealers shall be licensed by the state. 9. Parcels A and B shall comply with conditions of the Amended and Restated CUP 97-04. 10. The most westerly access on Flying Cloud Drive shall be blocked. 11. The eur-b afld iandseape island separating the twe pi;apei4ies shaH be removed to provide ,ehieulei, access and ,.,tams. y bet-..ee., the two ..,....el. The island separating the two parcels must be removed when 75% of the parking stalls are occupied or the proposed expansion negatively impacts traffic on Flying Cloud Drive, including but not limited to congestion, accidents, traffic related complaints, etc. A pedestrian access between the parcels shall be provided and maintained prior to the removal of the landscape island. 12. No meFe that 50 par4:..... paces y he added en the A,esteFl... aF6el The total fl : ber- of The westerly parcel shall be striped and comply with city code. The applicant shall work with staff to provide a parking plan that meets ordinance. Stalls located on the east side of the lot abutting the landscape island, which is to be removed in the future, may be utilized until the island is removed. Common Cents Auto September 13, 2010 Page 8 of 8 13. Vehicle parking and display must maintain a minimum setback of 10 feet from the front property line abutting Flying Cloud Drive. 14. The parking lots shall be maintained in good repair. They shall be swept each spring and fall to limit debris from entering the Minnesota Valley National Wildlife Refuge located south of the parking lot and building. 15. Any changes to the site will require a Conditional Use Permit amendment. 16. All signs shall comply with City Code and require a separate sign pemtit. 17. Site inspections shall be conducted annually." ATTACHMENTS 1. Findings of Fact and Recommendation. 2. Exhibit A — Legal Description for Parcel A. 3. Exhibit B — Legal Description for Parcel B. 4. Development Review Application. 5. Public Hearing Notice and Affidavit of Mailing List. 6. Amended and Restated CUP 97-04. 7. Amended and Restated Site Plan Permit 97-13. g\plan\2010 planning cases\10-10 common teats auto cup 97-04 amendment\staff report.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA AMENDED AND RESTATED CONDITIONAL USE PERMIT #97-04 PLANNING CASE #10-10 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants an amended and restated conditional use permit for the following use which replaces Conditional Use Permit 97-04: A Conditional Use Permit for an Automobile Dealership 2. Property. The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described on the attached Exhibits A and B. 3. Conditions. The permit is issued subject to the following conditions: a. No vehicles which are unlicensed or inoperative shall be stored on the premises. b. All repair, assembly, disassembly or maintenance of vehicles shall occur within a closed building except minor maintenance, including, but not limited to, tire inflation, adding oil and wiper replacement. c. No outside storage or display is allowed, except vehicles for sale or rent. d. No outside speaker systems shall be allowed without approval from the city council. e. Parking setback shall be applicable for car or truck storage or waiting areas. f. No test driving of vehicles on local residential streets is allowed. g. A landscaped buffer 100 feet from any residential zoning district. h. All vehicle dealers shall be licensed by the state. i. Parcels A and B shall comply with conditions of the Amended and Restated CUP 97-04. j. The applicant shall work with the City Forester to select appropriate species to be installed on the site as shown on the Landscape plan prepared by Curiskis Architects, Inc. dated 8/14/97. k. The most westerly access on Flying Cloud Drive shall be blocked. 1. The island separating the two parcels must be removed when 75% of the parking stalls are occupied or the proposed expansion negatively impacts traffic on Flying Cloud Drive, including but not limited to congestion, accidents, traffic related complaints, etc. A pedestrian access between the parcels shall be provided and maintained prior to the removal of the landscape island. in. The westerly parcel shall be striped and comply with city code. The applicant shall work with staff to provide a parking plan that meets ordinance. Stalls located on the east side of the lot abutting the landscape island, to be removed in the future, may be utilized until the island is removed. n. Vehicle parking and display must maintain a minimum setback of 10 feet from the front property line abutting Flying Cloud Drive. o. The parking lots shall be maintained in good repair. They shall be swept each spring and fall to limit debris from entering the Minnesota Valley National Wildlife Refuge located south of the parking lot and building. p. Any changes to the site will require a Conditional Use Permit amendment. q. Site inspections shall be conducted annually. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. The City may institute any proper action or proceeding at law or at equity to prevent violations of the within property, to restrain or abate violations of the within permit, or to prevent use or occupancy of the Subject Property. 5. Lapse. If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced, this permit shall lapse, unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: September 13, 2010 CITY OF CHANHASSEN IM (SEAL) �1 STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) Tom Furlong, Mayor Todd Gerhardt, City Manager The foregoing instrument was acknowledged before me this _day of , 201_, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. DRAFPED BY: City of Chanhassen to -IQ rV_ CHANHASSEN PLANNING COMMISSION REGULAR MEETING AUGUST 17, 2010 Chairwoman Larson called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Debbie Larson, Tom Doll, Kathleen Thomas, Kevin Ellsworth, Andrew Aller and Mark Undestad MEMBERS ABSENT: Denny Laufenburger STAFF PRESENT: Kate Aanenson; Community Development Director, Bob Generous, Senior Planner; and Angie Kairies, Planner PUBLIC HEARING: COMMON CENTS AUTO: REOUEST TO AMEND CONDITIONAL USE PERMIT 97- 04 TO INCLUDE THE CONTIGUOUS PROPERTY TO THE WEST (25-0362700) OF PLANNING CASE 2010-10. Kairies: Madam Chairman, members of the Planning Commission, the item before you tonight is located at 615 Flying Cloud Drive, as well as the contiguous property to the west. Both parcels are zoned Fringe Business District. They are located on Flying Cloud Drive, which is located near the Y intersection of Flying Cloud Drive, Highway 101 and Great Plains Boulevard which connects Eden Prairie, Chanhassen, Chaska and Shakopee. A little background on the Fringe Business District is that it's to accommodate limited commercial uses that are temporary in nature. There are not urban services located down in this area. The majority of the Fringe Business District is located on the southern end of Chanhassen. Just for your review here, the permitted uses, they're very limited. Single family homes, parking lot, some temporary outdoor sales, automotive dealers, cold storage, commercial kennels, etc. In the event that sewer and water does become available to these areas, the intent is that these uses will eventually move onto bigger and higher, higher and better uses and then these conditional use permits will be voided during the site plan process for the next use. The request tonight is to amend the conditional use permit for an existing auto dealership to include the neighboring parcel, Parcel B, which currently has a vacant parking lot on it. The intent is to provide additional vehicle parking and display. In addition to the standards outlined in the City Code for automotive dealerships staff has, is proposing some other reasonable conditions for this use. One being blocking off the fourth access. There are four accesses total for the two properties and for a safety issue staff is proposing to block off that fourth one which is closest to the Y intersection. The second would be to eliminate the curb and landscape areas that between the two properties which would allow for vehicle access between the two. Staff is also recommending to put a cap on Parcel B for the number of vehicles at 50 vehicles. This would include a pavement plan and striping the parking lot so that we can assure the vehicles and that it meets with City Code and allows for traffic circulation. The next would be a 10 foot setback from the front property line along Flying Cloud Drive, as well as maintenance of the parking lot to include sweeping twice a year, in the spring SCANNED Chanhassen Planning Commission - August 17, 2010 and in the fall, to eliminate as much as possible the amount of debris that goes into the Minnesota Valley National Wildlife Refuge. Staff is recommending approval of this conditional use permit amendment and at this time I'll take any questions. Larson: Why don't we start with you Mark. Undestad: No, I don't have any questions right now. Larson: Okay. Andrew. Aller: On the use for Parcel B and we're going to restrict that to 50 cars. Is it 25 on Parcel A right now? Kairies: Correct. It's 25 on Parcel A. Aller: So that would be a total of 75 for both. Kairies: Yes. Aller: And then the access blockage for, access four, is that to be a curb similar to the one that was there or how are we going to do that? Kairies: It would include, it could be chained off. A J barrier. It would have to be located on the property because it's MnDOT's right-of-way but, so a chain or any type of blockage would be fine. Larson: Is that all you got? Aller: That's it. Thank you. Larson: Okay Kevin. Ellsworth: Nothing. Thomas: I don't have any questions either. Larson: Tom? Doll: No. Larson: I just have one. Currently the setback on the Parcel A, where all the cars are parked, is that 10 feet? Kairies: That's not 10 feet but it does have landscaping provided as part of it to screen it further, and that property used to be a Super America so that was laid out prior to this automotive dealership coming through. So they were utilizing the property for this use. W,;- 2 Chanhassen Planning Commission - August 17, 2010 Larson: Are they going to make them change it? Kairies: No. Larson: So they can keep that. That's sort of grandfathered in? Kairies: That's staying the way it is, yes. Larson: Okay, that's all I have. Alright. At that I guess do we have an applicant? Carl Hanson: I'll volunteer. Larson: Okay. Carl Hanson: My name's Carl Hanson. I'm the guy that's not real bright and opened up another car lot in this economy. No common sense at 615 Flying Cloud. What I'm really going to be doing on Parcel B, it's not going to be affiliated, well it will be affiliated with the car lot but it's going to be an owner to owner lot where people can come and park their cars there on weekends. It's real big in St. Paul. You know it's kind of like a public service. I have so many people come in and say can I park my car here for a weekend. Put a for sale sign in it. You know ... local people I say yeah, go ahead you know. I mean I'm not using the lot. It's sitting there vacant and I had enough people come in and you know hey, why don't I do something with this thing so that's basically what that lot's going to be for. You know initially if the economy picks up and car business does pick up, you know I might expand my lot over into that lot but at the present time there's no, you know that's not in the foreseeable future. I don't mind keeping the lot clean. I do that anyway except when the City trucks pull in there and they dump all their stuff on my lot, which has happened 3 times this year. I do understand blocking off that exit because people do come flying around that corner pretty quick so I don't mind doing that at all, and I don't mind putting some stripes down. The second between the two lots, if in the future I was ever to put, you know expand my car lot over into that other parking lot, I wouldn't mind taking out that little section there and putting a drive thm there but right now I don't see any point to it because my car lot, my cars are not going to be going over there. They're going to be strictly you know the public. And the restriction to 50 cars over there, I mean if I was to open up a car, or my family car lot, that 50 cars would be fine but if it's an owner to owner lot, 50 cars just does not make it feasible economically to put all my time and effort and advertising into a lot that will do 50 cars on the weekend. I mean it might take me a year to two years to get to 75 or 100 cars but in St. Paul there's some lots that do, they have 150 to 250 cars for on a weekend. You know and it's all just local people from the neighborhoods and stuff and they do quite well. Larson: I have a question for you before you go further. Carl Hanson: What's that? Larson: So do you charge these people? Chanhassen Planning Commission -August 17, 2010 Carl Hanson: Yeah. I charge 25 bucks for a weekend. I supply the paperwork for them. You know give them a place to park their cars. You know and if they need help you know with title work or anything like that, I'll show them what to do. It's really a service to the independent people. I mean it's a lot of work for 25 bucks you know. When I had my car lot in Hopkins I used to have a saying, I wouldn't walk across the street for less than 100 bucks. Now I'm helping people out for 25 you know but the times have changed, but I mean since I've taken over down there, dramatically improved that property. I've cleaned it all up. Re -painted everything. I think I'm the first one to ever pull a sign permit on that piece of property in it's history. And I said well why should I have to? Nobody else did. It's well you want to be in compliance. I said okay, I'm easy. Here's 100 bucks. You know I tore the whole inside out. Put wood floors in there and it looks nice now. I mean it's a place you don't mind going into. The other lot I've already trimmed shrubs back and cleaned that and you know like I said, I don't mind striping it and doing some other stuff but 50 cars to access is you know, that lot will hold 150 cars you know so it's, and I don't think it will ever get to that because we're so far out. You know we're not like St. Paul but if it did get to 75 or 100, you know I don't want to have to come back and say yeah you know when you guys come down there screaming, hey you've got too many cars. You know I just want to tell you up front. You know I'd love to see it get to 75 to 100. Reality it might only get to 50 and that's just the nuts and bolts of it you know. I'll cut a curb out of there in the future if I do expand but there won't be any cars going through there so, right now the way this is set up. Anybody got any questions? Undestad: Yeah. I mean right now you understand the way this is presented is for 50 cars and remove the concrete in there? Carl Hanson: Yeah. Undestad: Have you done any layouts to see how many cars as far as striping on there, how many cars you can really fit on there without. Carl Hanson: You know we paced it off and we measured it out. You know it could probably comfortably hold 130. 120 to 130. You know and I don't think it will ever you know get to that and I'm not looking for 120 to 130 you know. If you want to put a limit on it for this one to one type deal, the public to public at 100, that's fine. Because if it got there I'd cut it off at 100 and then it makes it economically feasible. Undestad: Because you've got what, how many cars are shown on that other side now? Kind of have a few spread out in there. There's what, maybe 28-29 cars in there. On what shows on your side now. Aller: There's 31 there now. Undestad: 31 there now. It looks to me anyway it'd get awfully crowded in there at 100 cars and I guess that's where I'd kind of like to ... if you were looking at that to lay it out. Carl Hanson: Yeah really if you walked it off it's, that picture's real deceiving. 4 Chanhassen Planning Commission - August 17, 2010 Undestad: Which, do we know which way does that parking lot slope right now? The grade. Kairies: I believe it goes. Aanenson: Can you use the mouse? Kairies: Oh yeah. Not my hand. I believe it goes to the south and then. Aanenson: The other parcel. Kairies: Oh I'm sorry. Parcel B comes down this direction. Carl Hanson: Yeah, I've even cleaned out the drainage back in the back corner. We pulled a bunch of broken limbs and stuff out of there and we cleaned a bunch of that out of there for the drainage. Undestad: How would, as far as the drainage on there I guess that would be another concern there with the unattended or unmonitored vehicles that come and go out of there. You know if guys are trying to unload something they could park it down there and, what's leaking and wash and wear and going into the. Carl Hanson: You know it's, I don't think anything is going to be hurt down there. I mean it's, I'd be scared to go back there and see what's been there from over the years but, because I have cleaned out a washing machine and a whole bunch of other garbage out of there already. You know I've taken out about 3 or 4 dumpsters full of junk. I even got back in the back of my building and pulled old tires and a bunch of other stuff where people have thrown back there. So I mean that's something that I'll watch. I mean if something's a piece of junk, I don't want it on there you know. It's as simple as that. Aanenson: Chairman Larson can I just interject a few points? I think Commissioner Undestad raises some points that we had put in here to address that the car's have to be licensed. I think the purpose of having the striping is there's some organization to there so again the concern by having them licensed and that there's some striping there, some pattern to, that it doesn't look like a junket. I know that's not your intent but I think some other thing, something else we could add to maybe mitigate that might be to add a condition regarding annual inspection. Certainly you want to have it pleasant that people feel good. There's not significant lighting there but we want to make sure that it doesn't become an eye sore, as I'm sure you do too, so we're managing that appropriate. So without looking at a parking plan it's hard for us to say what's reasonable use when you have people looking at it. Doing test driving. Getting in and out of now a restricted access point if we don't combine the two. Just to make sure so if we say there's a range based on you know us, the staff monitoring it, I think we can live with that. But I just think, I think to your point we want to make sure that people aren't parking out on the grass. To make sure we can get them all in there. That things aren't being stored and those sort of things so we're staying within the improved area so we can work on that. I think we can put some conditions. 5 Chanhassen Planning Commission - August 17, 2010 Carl Hanson: And I'll be the one directing the people where to park. Undestad: Okay, that was a question. Is somebody there all the time if somebody did show up? Carl Hanson: Yep, somebody will be there. Aanenson: We'd like to say there's going to be someone there all the time but sometimes people drive by later at night and they see something and want to come back the next day so, unless it's completely gated. I think we just want to make sure there's some control point there. Carl Hanson: Well people won't be leaving anything there if nobody's there to direct them. Because I'll have it towed. If they're leaving it there and they're not seeing me, they're not paying. Aanenson: No. But they still may want to come in and, I mean they still may want to come in to look. Carl Hanson: Yeah. Aanenson: Right. Whether. Carl Hanson: And there'll be drive areas where you know like a circle area where they can drive through. Aanenson: I'm just saying we don't see that right now so we want to just make sure that there's a mechanism in place that we can evaluate that. Whoops, looks like there's too many or the circulation isn't working, then we communicate that with you so at a minimum I think an annual inspection might not be a bad condition to put in there. Carl Hanson: Yeah I mean. Aanenson: Right. Carl Hanson: Come down and visit. Larson: Kate, I've got a question for you. I was unaware this is how you were going to use it. Is the City still going to require that that curb be taken out? Aanenson: Well I understand the applicant's concern about if it's temporary, he wants to see how it goes. He doesn't want to invest any money in that but again you're forcing all that traffic to that because we're narrowing it down to that one narrow point. If you're talking 150 cars, that's a lot of traffic coming in and out. Especially when you have people coming in to look and people going out to test drive. If we go up to 100 cars, I'm just not sure how that would work. Chanhassen Planning Commission - August 17, 2010 Larson: I didn't ask that. What I meant was, if you look at the picture where that arrow is pointing at the white car. That island or whatever you want to call that. In the staff report it says he has to take that out. Aanenson: Correct. Larson: Are you saying that he still has to take it out or he does not? Because it's obvious that it's a slightly different purpose. Aanenson: Our first choice would be to have it. Engineering would like to see it so you have better flow. You know obviously responding to if he chose not to do it would be the implications of it. Yes, it would be our recommendation to connect the two. Larson: So that would be a recommendation, or a condition of his approval. Aanenson: Correct. It is right now. Carl Hanson: Yeah and you see I don't mind doing that if I did open up that other lot up to use as my lot. Larson: Well it's not a matter of minding. You're going to have to if it goes through the way it reads. Carl Hanson: If, you know if I open that up then people will be driving through my cars. Not the public's cars which that lot is intended to be. The one to one public to public. They'll be you know driving through my lot to get through there. Larson: To look at your cars. They might like your cars better than they like. Carl Hanson: They might. Aanenson: I guess that's how he's trying to answer the question. He's trying to separate the two uses. Larson: I understand that but I just, because it said in here that was a condition I want to make sure that you understand how it's being presented so. Carl Hanson: You know if this did take off and it goes that well, hell yes. I'll pull that curt out of there... Larson: But what I'm saying is in order for you to get this permit, they're saying you're going to have to do it to get the permit and to be able to do it. Carl Hanson: In how long period of time? Larson: Well. 7 Chanhassen Planning Commission - August 17, 2010 Carl Hanson: ...see how this thing goes. Larson: Yeah I just wanted to make you aware of the fact that it's in there. Carl Hanson: I mean yeah. Oh I know it's in there. Larson: Oh, okay. Carl Hanson: And you know I'm well aware of that and if this does. Larson: So if it needs to be amended or something then that's something we can discuss. Carl Hanson: Give me a time period so we can see what this does. You know I might just say the heck with this in 3 months and not even do it and just leave it a parking lot you know. Larson: Okay. Carl Hanson: I'm throwing the dice. You know it's going to take me 6 months to recuperate my advertising costs and stuff like that. And that's if it does well you know so. I mean this is just, you know I'm trying to create some business down there for you know not just me. Mechanics up on the hill. The car lot across the street. See if we can get some business down there back in that dead comer. You know we're out in the sticks. We don't even have sewer and water, like you were saying. I mean we don't even have gas. When I rented the place I didn't know we had sewer and water. I didn't know I'd have to go rent a gas tank. Well where the hell am I? You know. Larson: South Chanhassen. Does anybody else have any questions of the applicant? Doll: Are you fine with the way this is worded then if we are to say we agree with it? Carl Hanson: You know on the 50 cars, not really but you know I don't know. If it's going to do more than 50, if it does more than 50 I'll come back and tell you. You know I'll come back and ask for another you know, I'm not paying for another conditional use permit but I'll come and ask for more, you know for more space. You know. I mean if it does take off and it goes really well, I don't mind working with the way it is. I mean 50 cars is fine but if it does take off I will, I'll be back. Fair enough? Doll: Fair enough. Larson: Anybody else? I'm sorry, I'm jumping all over the board tonight. Okay. I think that's all I have. Thank you. Okay. So I will open up the public hearing to the audience. Anybody wishing to speak? Step up to the podium. State your name and address for the record. Don't all come at once. Seeing nobody I will close the public hearing. Discuss amongst ourselves here. What do you think Mark? Chanhassen Planning Commission - August 17, 2010 Undestad: I think it's fine the way it's worded here so, no Larson: Okay. Andrew. Aller: I'm fine with the way it's worded but I would request that it include the monitoring. The additional monitoring. That was one of the concerns I had when I first read it was the use of Parcel B and now that it's been proposed as a separate business arrangement almost, my first concern was whether or not it was a permitted use but I think it is so I'm fine with the way it's worded but I do think that it would be appropriate to monitor the situation in light of two things. I'd like to make sure that the number of cars is reasonable. That there's been expressed, at least some situations where things have been dumped in the past and maybe the applicant has not been on site as often, at least on Parcel B to monitor that so I think it'll be helpful to him as well to make sure that people know that there'll be somebody coming around to take a look at that. Larson: Okay. Kevin. Ellsworth: I would like more conversation on the 50 versus 100. Kate did you actually try to pencil in or did the applicant pencil in anything to show 100 or 75? Aanenson: Actually they had less. Didn't they originally have less? Kairies: Originally we were going to propose 25 and after speaking with the applicant we went up to 50 and it would be, the striping is kind of the major thing to look at. If it's striped and it can comply with ordinance, how many vehicles is that and without that information being given to us as part of the application, we put a cap on it. Ellsworth: I don't know if this is proper. Would the applicant be interested in providing that information if it did go up? Aanenson: Yes, I think certainly. Certainly before it gets to City Council you could do that but going, I think the other concern was, does it fit on the site. Is there no nuisance you know is it set up, no complaints so if they can stripe it and manage that with the traffic and that sort of thing, I think to his point do we want to have it under conditional use to go to so many cars. I guess our frame of reference is there's 31 on the current, traditional type dealership. You know the other one if it's doing really well, you could put more in there. We just want it to function well. Aller: And Kevin I'd just like to point out that when I'm looking at the photographs that we've got of Parcel A, that 31 has 5 cars parked in the accesses. So just a visual guesstimate on my part looking at Parcel A, Parcel B, I think you're going to have difficulty getting 50. Ellsworth: Yeah, I don't know. There's a lot of building space and landscaping and trees in that Parcel A, and I'm not a parking lot expert so, that's why I was curious if there were any drawings because it seemed like there was some willingness from the applicant to take out the curb if there was more cars and then that would alleviate that traffic issue. Chanhassen Planning Commission - August 17, 2010 Aanenson: Well I think going back to the cap says 75. Now this is a photo snapshot in time. That's. Kairies: 2008. Aanenson: Yeah, 2 years old so I'm not saying that's how it's being set today but you can see you could put 30 that went on there. So then we're saying if our cap is 75, we probably could go over that very quickly so does that mean we're going to be down there counting all the time? No. I think going back to that there should be kind of a more frequent inspection just to make sure how it's functioning. So is that 75? I think it should be driven by performance standards and all the parking be in alignment where there's adequate circulation and if they can provide that before it goes to City Council that would be one of your recommendations then, we'd certainly be willing to look at that. Carl Hanson: Yeah, you know I'll live with the 50 and I'll stripe it so we can see where we're really at and if it does you know, if the business does take off and go to more than 50. Larson: Mind stepping up to the podium when you speak please? Carl Hanson: What's that? Larson: Well if you're going to comment you should speak up so we can catch your comments. Sorry. No it's being recorded so people can hear. Carl Hanson: Yeah, I'll go with the 50 you know and I understand you know you guys don't want the things all cut up but I'll get the thing striped and you know we'll see how it all works. Larson: I mean would you rather do that than the drawing? See if it works on paper. Carl Hanson: Well I've already paced it off and walked it and you know I've gone over with a couple other people and I know how many cars will fit but I will stripe it off and I'll live with the 50 cars and if it doesn't... Larson: So the answer is yes. Carl Hanson: ...I will come back and see you. But I mean I don't want you guys to have to. Larson: Well I'm just saying you know before you go to the expense of striping it and you find that you can comfortably fit more than 50 you might wish you had done a drawing. Carl Hanson: Oh, well I'll stripe it for 100 you know because I know. Larson: But that's not the. Carl Hanson: You want it striped and you want to limit it to 50, right? 1101 Chanhassen Planning Commission - August 17, 2010 Larson: Correct. Carl Hanson: That's what I will do. You know I will do it and I will limit it to 50. Larson: But what I'm saying is, if you think you can fit 100 and you'd like to change it to 100 so you don't have to come back some day later when this is a great success. Carl Hanson: I can come back. Larson: Huh? Carl Hanson: You're only a few blocks away. I'll come back. Aanenson: I just want to be clear for the record, if you come back it does require another public hearing. There is a fee involved so I would try to, I would like to minimize that and just another point of clarification on number 12. We did cap it at 75 so assuming he can get 50 on the one operation, his own personal traditional operation would then be capped at 25 which apparently looks like it could handle more so I think we need to be clear, maybe between now and City Council just getting a better handle on what those numbers and we'd be happy to sit down with the applicant. Larson: Right. That's what, I'm trying to save you money. Undestad: Just to clarify for Carl too. You know the striping is, I mean do you have a survey of that site? An actual survey. Boundary survey. Carl Hanson: The landlord sent me a real rough survey. Undestad: Because I think we're talking about a striping a piece of paper to show, not striping the lot and then saying okay I've got 100 cars in there. Carl Hanson: Oh yeah, and I'll draw something up. I'll go out and do the measurements and show it. Undestad: Because if you bring that to Kate before council and it shows 100 lots is comfortable then they can. Larson: Or you can measure it out and you can overlay this picture. Carl Hanson: Yeah. I mean it's not the first time I've gone through one of these things you know. So yeah I can understand you want. Larson: We're just trying to make it more streamline for you. Carl Hanson: I'm easy. Not cheap. Just easy. 11 Chanhassen Planning Commission - August 17, 2010 Doll: We don't mind you coming back but we're trying so that you really don't have to come back if you do it. Carl Hanson: A used car dealer thing. Larson: Does anyone have any more questions for the applicant? No? Okay. Alrighty. Well, any more questions for staff? Anybody want to do a motion? Undestad: I will do a motion. I make a motion the Chanhassen Planning Commission recommends the City Council approve the amended and restated Conditional Use Permit 97-04 for a used car lot in the fringe business district, Planning Case 10-10 subject to conditions and adoption of the Findings of Fact and Recommendation as outlined in the staff report. I'd also like to add item 17 in there. For the City to inspect. I don't know if we want to put a time. Annual inspections on there. Weekly. Annual inspections. Larson: And then did you want to add another friendly amendment about the monitoring, or is that what that is? Undestad: That's what this is. Larson: That's what that is, okay. Do I have a second? Thomas: Second. Undestad moved, Thomas seconded that the Chanhassen Planning Commission recommends the City Council approve the amended and restated Conditional Use Permit 97-04 for a used car dealership to include the contiguous property to the west (PID 25- 03627000) of 615 Flying Cloud Drive for parking and display of used vehicles, Planning Case #10-10, subject to the following conditions and adoption of the Findings of Fact and Recommendation: 1. No vehicles which are unlicensed or inoperative shall be stored on the premises. 2. All repair, assembly, disassembly or maintenance of vehicles shall occur within a closed building except minor maintenance including, but not limited to, tire inflation, adding oil, and wiper replacement. 3. No outside storage or display is allowed, except vehicles for sale or rent. 4. No outside speaker systems shall be allowed without approval from the City Council. 5. Parking setback shall be applicable for car or truck storage or waiting areas. 6. No test driving of vehicles on local residential streets is allowed. 7. A landscaped buffer 100 feet from any residential zoning district. 12 Chanhassen Planning Commission - August 17, 2010 8. All vehicle dealers shall be licensed by the State. 9. Parcels A and B shall comply with conditions of the Amended and Restated CUP 97-04. 10. The most westerly access on Flying Cloud Drive shall be blocked. 11. The curb and landscaping island separating the two properties shall be removed to provide vehicular access and continuity between the two parcels. 12. No more than 50 parking spaces may be added on the westerly parcel. The total number of vehicles shall not exceed 75 vehicles to be parked on both sides. The westerly parcel shall be striped and comply with City Code. 13. Vehicle parking and display must maintain a minimum setback of 10 feet from the front property line abutting Flying Cloud Drive. 14. The parking lots shall be maintained in good repair. They shall be swept each spring and fall to limit debris from entering the Minnesota Valley National Wildlife Refuge located south of the parking lot and building. 15. Any changes to the site will require a Conditional Use Permit amendment. 16. All signs shall comply with City Code and require a separate sign permit. 17. The City shall do an annual inspection of the site. All voted in favor and the motion carried unanimously with a vote of 6 to 0. Aanenson: Point of clarification on the motion. I believe it was your directive also between now and City Council that they submit a new plan and so you want on number 12 you also wanted to modify that to say that if the applicant was to submit a plan demonstrating the number of parking, that you would, the Planning Commission would support that as long as it met kind of the circulation and the other improvements. Is that correct? Ellsworth: Yes. Thomas: Right. Aanenson: Okay somebody want to support that on a motion? Amendment to the recommendation? Ellsworth: I support that amendment. Larson: Okay so we don't need to revote that? 13 Chanhassen Planning Commission - August 17, 2010 Aanenson: Yeah, you need to make that motion. Ellsworth moved, Thomas seconded to approve an amendment to condition 12 that the applicant submit a new plan prior to City Council review detailing the total number of parking spaces. All voted in favor and the motion carried unanimously with a vote of 6 to 0. PUBLIC HEARING: ORDINANCE AMENDMENT TO CHAPTER 20, ZONING CONCERNING CENTRAL BUSINESS DISTRICT (CBD) USES. Bob Generous presented the staff report on this item. Larson: Let's start with Tom this time. Doll: Okay, what you're proposing is that we are agreeing to the list of permitted uses being on page 1 and 2 of City of Chanhassen, Carver and Hennepin County Minnesota Ordinance Number blank. That's what the proposal is? Generous: Correct. Doll: Okay. Boy, Ms. Clayton sure had some good points to take into account and businesses that may not have been thought of. You know for instance I don't see florist on here or card shop or you know is that under a general deal or one that's. Larson: Florists are very important. Doll: I understand. The world needs flowers and there's deli, I mean there's just so many things that could be in here that aren't in here and do we want to, you know it's kind of like. Larson: I thought florists was covered somehow because I'm sure I brought that up. Generous: Well Madam Chair, it would be under retail sales and that's why we got rid of the specialty and we wanted to expand the retail. Doll: Okay. Aanenson: It's constantly changing. Doll: It's just really hard to, you know retail sales and then have, I guess the definition of retail sales, I don't know this is confusing to me. I don't understand why we have to. Aanenson: Maybe we can just step back and put this in context again. The City uses a standard... classification with if any doubt how we go through those and how we're operating right now is the same methodology. It's, we look it up and see if it's permitted. If it's not, if the Code's silent on it then it's not permitted and that's where some of the ambiguity comes in. If 14 CITY OF CHANHASSEN PROPOSED MOTION: PC DATE: 8/17/10 CC DATE: 9/13/10 REVIEW DEADLINE: 9/14/10 CASE #: 10-10 BY: AK "The Chanhassen Planning Commission recommends that the City Council approve the amended and restated Conditional Use Permit 97-04 for a used car lot in the Fringe Business (BF) District, Planning Case #10-10, subject to conditions and adoption of the Findings of Fact and Recommendation as outlined in the staff report." PROPOSAL: The applicant is requesting an amendment to Conditional Use Permit 97-04 to expand a used car dealership by adding a contiguous property located west of 615 Flying Cloud Drive, zoned Fringe Business (BF) District, to permit parking and display used vehicles. LOCATION: 615 Flying Cloud Drive (Parcel A) Parcel Number 25-0362700 (Parcel B) APPLICANT: Carl "Duff' Hanson Larry Hopfenspirger 615 Flying Cloud Drive 2720 Quaker Lane North Chaska, MN 55318 Plymouth, MN 55441 PRESENT ZONING: Business Fringe (BF) District 2030 LAND USE PLAN: Parcel A: Office Parcel B: Agriculture ACREAGE: Parcel A:.55 Acres; DENSITY: N/A Parcel B: 3.19 Acres ADJACENT ZONING: The adjacent property to the west is the "Y" intersection connecting Chanhassen, Eden Prairie, Chaska and Shakopee. The properties to the north are zoned Fringe Business District (BF) and contain commercial businesses. The property to the east is zoned Agricultural Estate (A2) and contains a motel. The property located to the south is zoned Fringe Business (BF) and Agricultural Estate (A2) and contains the Minnesota Valley National Wildlife Refuge, owned by the MN Department of Natural Resources. WATER AND SEWER: Water and sewer service is not available to the site. The site utilizes a well and septic system. LEVEL OF CITY DISCRETION IN DECISION MAKING: The City has limited discretion in approving or denying conditional use permits, based on whether or not the proposal meets the conditional use permit standards outlined in the Zoning Ifl SCANNED Common Cents Auto August 17, 2010 Page 2 of 7 Ordinance. If the City finds that all the applicable conditional use permit standards are met, the permit must be approved. This is a quasi-judicial decision. PROPOSAL/SUMMARY The applicant is requesting an amendment to Conditional Use Permit (CUP) 97-04 to expand the auto dealership to include the property located west of the subject site to permit used vehicle parking and display. The intent of the expansion will be to allow individual parties to park their vehicles on the lot for sale and conduct personal transactions. The individual parties will rent the space from the lessee of property 615 Flying Cloud Drive. The westerly property contains a bituminous parking area and is not included in the existing CUP; therefore, parking used vehicles for sale on the vacant parking lot requires an amendment to the CUP. Common Cents Auto August 17, 2010 Page 3 of 7 APPLICABLE REGUATIONS Chapter 20, Article IV, Conditional Use Permits Chapter 20, Article IV, Division 4, Section 20-283. Automotive Dealers BACKGROUND On August 9, 1988, the Chanhassen City Council approved a conditional use permit (88-12) for an 80 square -foot pylon sign for Super America, 615 Flying Cloud Drive, on property zoned Agricultural Estate (A2). In May, 1993, a permit was issued for the removal of the gas storage tanks on the site. On October 28, 1996, the Chanhassen City Council determined that the property was zoned Fringe Business District (BF) in response to an appeal of an administrative decision regarding the zoning of the property. On October 13, 1997 a conditional use permit was approved for 615 Flying Cloud Drive to operate a used car dealership on the former Super America site. The approved CUP and Site Plan permits were contained within one recording document; staff has separated the CUP Permit and Site Plan Permit into individual documents for recording. Approval of the CUP and Site Plan included several conditions. In April 2010, staff conducted an inspection of the site. Based on the inspection, the site is in compliance with most of the conditions of approval; the required landscaping is no longer located on the site and must be replaced. According to the applicant, the landscaping did not withstand the salt and sand applications on Flying Cloud drive during the winter. Staff recommends the applicant work with the City Forester to select salt tolerant overstory trees and shrubs for the landscape areas. Compliance Table: CUP Conditions 20-283 Compliance No vehicles which are unlicensed or inoperative shall be stored Yes on the premises. All repair, assembly, disassembly or maintenance of vehicles Yes shall occur within a closed building except minor maintenance, including, but not limited to, tire inflation, adding oil and wiper replacement. No outside storage or display is allowed, except vehicles for Yes sale or rent. No outside speaker systems shall be allowed without approval Yes from the city council. Parking setback shall be applicable for car or truck storage or Yes waiting areas. No test driving of vehicles on local residential streets is Yes allowed. Common Cents Auto August 17, 2010 Page 4 of 7 CUP Conditions 20-283 Compliance A landscaped buffer 100 feet from any residential zoning district. Yes All vehicle dealers shall be licensed by the state. Yes A site plan agreement was also approved with the CUP 97-04; the conditions still apply to Parcel A the site and include: Site Plan Conditions Compliance The applicant shall enter into a site plan agreement with the Yes city and provide the necessary security as required by the agreement. The applicant shall install site landscaping as shown on the The applicant shall replace the Landscape plan prepared by Curiskis Architects, Inc. dated landscaping. 8/14/97. Overstory species from the City's Approved Tree list must be The applicant shall work with used. Shrubs shall also be chosen from the city's list. the City Forester to replace the landscaping. Revise site plans as follows: Narrow both driveway accesses Yes onto Trunk Highway 169 (County Road 61) to 30 feet wide. Reduce turnaround tabs 5 feet at each end of the parking lot. Add erosion control silt fence at the southwest and southeast comers of the parking lot approximately 10 feet from each comer. The applicant and/or property owner shall supply the city's Yes Building Official with maintenance and pumping records of the septic stem every two years. The applicant shall be responsible for obtaining and complying Yes with any and all permits from MnDOT for construction within Trunk Highway 169 (County Road 61) right-of-way. The applicant shall comply with the conditions in the letter from Scott Peters to Robert Generous dated September 8, 1997. The applicant shall agree to establish a wetland buffer zone Yes along the south property line. In creating the buffer zone the applicant will agree to allow natural vegetation to grow, and agree to keep all business, storage and maintenance activities out of the buffer area. Wetland buffer areas shall be identified in accordance with the Ci 's wetland ordinance. Provide proof of septic tank pumping by a licensed pumper to Yes the City, This must be done before the building is occupied. Provide ties for the septic tanks, pump tank distribution box. Yes This must be done before the building is occupied. Revise the proposed site plan to provide the correct accessible Yes parking. This should be done before council approval. A separate sign permit shall be required for all signage Yes installed on the site. Common Cents Auto August 17, 2010 Page 5 of 7 Overall, the site is well kept and free of debris. The applicant recently leased the site and has removed non -compliant storage and debris as well as painted the building and obtained a sign permit to install new wall signage. ANALYSIS The applicant is requesting an amendment to the conditional use permit to include the property to the west for additional parking of used vehicles. The property to the west was used as a drive-in and later truck parking and contains a bituminous parking lot. Both properties are owned by the same owner. The subject sites are located in the southern portion of the city on Flying Cloud Drive east of the intersection connecting Chanhassen, Eden Prairie, Shakopee, and Chaska, commonly known as the "Y" intersection. The property located to the west of the used car dealership was historically used as a drive-in and later truck parking. It currently contains an empty bituminous parking lot. The applicant is requesting to incorporate the westerly parcel as part of the automobile dealership and permit additional vehicle parking and display. This will create an expansion of the dealership; therefore, staff is recommending improvements to the site to address the following issues: Safety: The subject properties currently have four private access points on Flying Cloud Drive. In order to improve safety along Flying Cloud Drive, staff is recommending that the most westerly access (Access 4) be blocked. Traffic circulation: There is a curb and a landscape island separating the two properties. Staff is recommending removal of the curb and landscape island to provide vehicular circulation and continuity between the two parcels. Number of parking stalls: The easterly site currently contains 25 parking spaces; staff is recommending the addition of 50 parldng spaces on the westerly parcel which will permit a total of 75 vehicles to be parked on both sites. The westerly parcel shall be striped and comply with city code. Setback: All vehicles shall maintain a minimum setback of 10 feet from the front property line, to ensure visibility and safety to motorists on Flying Cloud Drive. Maintenance: The parking lots shall be maintained in good repair. They shall be swept each spring and fall to limit debris from entering the Minnesota Valley National Wildlife Refuge located south of the parking lot and building. Common Cents Auto August 17, 2010 Page 6 of 7 Staff is recommending approval of the CUP amendment to include the property to the west legally described in Exhibit B. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Chanhassen Planning Commission recommends the City Council approve the amended and restated Conditional Use Permit 97-04 for a used car dealership to included the contiguous property to the west (PID 25-0362700) of 615 Flying Cloud Drive, for parking and display of used vehicles, Planning Case #10-10, subject to the following conditions and adoption of the Findings of Fact and Recommendation: 1. No vehicles which are unlicensed or inoperative shall be stored on the premises. 2. All repair, assembly, disassembly or maintenance of vehicles shall occur within a closed building except minor maintenance including, but not limited to, tire inflation, adding oil and wiper replacement. 3. No outside storage or display is allowed, except vehicles for sale or rent. 4. No outside speaker systems shall be allowed without approval from the city council. Common Cents Auto August 17, 2010 Page 7 of 7 5. Parking setback shall be applicable for car or truck storage or waiting areas. 6. No test driving of vehicles on local residential streets is allowed. 7. A landscaped buffer 100 feet from any residential zoning district. 8. All vehicle dealers shall be licensed by the state. 9. Parcels A and B shall comply with conditions of the Amended and Restated CUP 97-04. 10. The most westerly access on Flying Cloud Drive shall be blocked. 11. The curb and landscape island separating the two properties shall be removed to provide vehicular access and continuity between the two parcels. 12. No more that 50 parking spaces may be added on the westerly parcel. The total number of vehicles shall not exceed 75 vehicles to be parked on both sites. The westerly parcel shall be striped and comply with city code. 13. Vehicle parking and display must maintain a minimum setback of 10 feet from the front property line abutting Flying Cloud Drive. 14. The parking lots shall be maintained in good repair. They shall be swept each spring and fall to limit debris from entering the Minnesota Valley National Wildlife Refuge located south of the parking lot and building. 15. Any changes to the site will require a Conditional Use Permit amendment. 16. All signs shall comply with City Code and require a separate sign permit." ATTACHMENTS 1. Findings of Fact and Recommendation. 2. Exhibit A — Legal Description for Parcel A. 3. Exhibit B — Legal Description for Parcel B. 4. Development Review Application. 5. Public Hearing Notice and Affidavit of Mailing List. 6. Amended and Restated CUP 97-04. 7. Amended and Restated Site Plan Permit 97-13. 9Aplan\2010 planing cases\10-10 common cents auto cup 97-04 amendment\statr repo t.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Carl "Duff' Hanson and Larry Hopfenspirger for approval of amended and restated Conditional Use Permit 97-04, Planning Case #10-10, to expand a used car dealership by adding a contiguous property located west of 615 Flying Cloud Drive, zoned Fringe Business (BF) District, to permit parking and display of used vehicles. On August 17, 2010, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Carl "Duff' Hanson and Larry Hopfenspirger for an amendment to a conditional use permit to expand an automobile dealership for the property located at 615 Flying Cloud Drive, by adding a contiguous property located west of 615 Flying Cloud Drive. The Planning Commission conducted a public hearing on the proposed Conditional Use Permit which was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned: Parcel A: Fringe Business District (BF) Parcel B: Fringe Business District (BF) 2. The property is guided by the 2030 Land Use Plan: Parcel A: Office Parcel B: Agriculture 3. The legal description of the property is described as: Parcel A: Exhibit A Parcel B: Exhibit B 4. Conditional Use Findings: a. Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or city. Finding: The amended and restated CUP will not be detrimental or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or city. b. Will be consistent with the objectives of the City's Comprehensive Plan and this chapter. Finding: While the 2030 Comprehensive Plan guides Parcel B as Agriculture, the city must provide a reasonable use of the property based on the existing zoning of the property, Fringe Business (BF) District, which permits an automobile dealership. Based on the existing conditions of the site, which is paved, the expansion of the automobile dealership to include vehicle display and parking Parcel B is a reasonable use of the parcel. c. Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. Finding: The proposed expansion to include the existing parking lot for parking and display of vehicles on Parcel B is compatible with the character of the area. There is an automobile dealership located to the north across Flying Cloud Drive. d. Will not be hazardous or disturbing to existing or planned neighboring uses. Finding: The expansion of the automobile dealership meets the requirements for an automobile dealership in the BF district as outlined in the City Code, and will not be hazardous or disturb existing or planned neighboring uses. e. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. Finding: The site is not serviced by municipal services and utilizes a well and septic system. f. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. Finding: Expansion of the automobile dealership will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. Finding: Expansion of the automobile dealership will not negatively impact nor be detrimental to surrounding uses or persons. h. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. Finding: Access to the properties will be reduced from four accesses to three accesses on Flying Cloud Drive. The additional parking should not create increased traffic congestions as an automobile dealership is a destination and not a daily need. i. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. Finding: The proposed expansion of the automobile dealership will not result in the destruction, loss or damage of the solar access, natural, scenic or historic features of major significance. j. Will be aesthetically compatible with the area. Finding: The expansion of the automobile dealership is aesthetically compatible with the area. An automobile dealership is located north of the subject site across Flying Cloud Drive. k. Will not depreciate surrounding property values. Finding: The use will not depreciate surrounding property values; rather it will utilize the existing parking lot on the abutting vacant lot. 1. Will meet standards prescribed for certain uses as provided in this article. Finding: The use is consistent with the City Code with regard to automobile dealerships (Section 20-283) and the BF zoning district. 5. The planning report, Planning Case #10-10, dated August 17, 2010, prepared by Angie Kairies, et al, is incorporated herein. The Planning Commission recommends that the City Council approve the Amended and Restated Conditional Use Permit 97-04, Planning Case #10-10, to expand a used car dealership by adding a contiguous property located west of 615 Flying Cloud Drive, zoned Fringe Business (BF) District, to pennit parking and display of vehicles. ADOPTED by the Chanhassen Planning Commission this 17`h day of August, 2010. CHANHASSEN PLANNING COMMISSION Its Chairman EXHIBIT A PARCEL A LEGAL DESCRIPTION The property described in the Certificate of Title appears therein as follows: That part of Government Lot 3, Section 36, Township 116 North, Range 23 West of the 5`s Principal Meridian described as follows: Commencing at the West quarter corner of said Section 36; thence Southerly along the West line of said Section 36 a distance of 14.65 feet; thence Northeasterly, deflecting to the left 105 degrees 36 minutes 15 seconds, a distance of 1443.80 feet to the point of beginning of the land to be described; thence continuing Northeasterly, along the last described course, a distance of 215.00 feet; thence Southeasterly at a right angle a distance 148.00 feet; thence Southwesterly at a right angle a distance of 215.00 feet; thence Northwesterly at a right angle a distance of 148.00 feet to the point of beginning. 4 PARCEL B LEGAL DESCRIPTION A tract of land in the Northwest Quarter of Section 36, Township 116 North, Range 23 West described as follows: Commencing at a point 1433.8 feet North 73 degrees 20 minutes East from the Southwest comer of said Northwest Quarter, and said point lying in the center line of Trunk Highway 169; thence South and at -right angle to said Trunk Highway a distance of 33 feet to the actual point of beginning; thence continuing South at right angles from Trunk Highway 169 to the intersection with the South line of the Northwest Quarter; thence West along said South line to the intersection with the Southeasterly boundary of said Trunk Highway; thence Northeasterly along said Southeasterly boundary to the actual point of beginning, Carver County, Minnesota. PLEASE PI Applicant CITY OF CHANHASSEN 7700 Market Boulevard - P.O. Box 147 Chanhassen, MN 55317 - (952) 227-1100 DEVELOPMENT REVIEW APPLICATION F7TI_rCR:M 69MMON (;FLATS AUTO 615 Flying Cloud Drive Chanhassen, MN 55318 Contact: / Phone: 2- 2Zw - ax: Y 2 - frSk- ;10 Email: Vc • Ff4,t� ep KLa_ IVA kw. CmH^- Planning Case No. aD10 -10 CUI? q7' CITY OF CHANHASSEN RECEIVED JUL 1 6 2010 CHANHASSEN PLANNING DEPT Owner Name ana Aaaress: PID 25-0362700 615 Flying Cloud Drive, LLC 2025 Nicollet Avenue #203 Minneapolis, MN 55404-2552 Phone:612-872-6707 Fax. 612-872-0728 PID 25-0363700 Larry Hopfenspirger 2720 Quaker Lane North Plymouth, MN 55441-3285 NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) 4aZ; Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)* Subdivision* An additional fee of $3.00 per address within the public Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment X Notification Sign — 200 (City to install and remove) ** X Escrow for Filing Fees/Attomey Cost $50 CU SPRNACNAR/WAP/Metes & Bounds 50 Minor SUB TOTAL FEE $, L 15, U C7 (J� I093 i�rv�h ,nc(ud.es cveroc�/rnee,)k oLiso 4z rK hearing notification area will be Invoiced to the applicant prior to the public hearing. ppltcct to 51jn �CfM1i-�iW1r C/\ *Sixteen (16) full-size folded copies of the plans must be submitted, including an 8'/2" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 (*.tif) format. **Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED JUL-20-2010 10:11 From:COMMERCIRLCONNECTIOPI 612872072E To:Fax P.3/5 PROJECT NAME: Gcd ° G115 L �"�7 r`f'"CjJ`� LOCATION: �lr�`f61 Gl �Pcc G// J/� � LEGAL. DESCRIPTION AND PID: TOTAL ACREAGE WETLANDS PRESENT:: YES NO PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: FOR SITE PLAN REVIEW: Include number of ezisling employees: and new employees: This applicator must be completed In ful and be typewritten or Deady prk tad and must be accornpanled by all Information and plans required by applicable City Ordinance provisions. Before filing this application, you should Confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 busness days of application submittal- A written notice of application deficiencies shall he mailed to the applicant within 15 business days of application, This Is to oertify that I am melding application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (ether copy of Owner's Duplicate Certificate of T(de. Abstract of Title or purchase agreement), or 1 am the authorized person to make this application and the fee owner has also signed this application. I wig keep rny8e1f informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for Consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and Information I have submitted are true and Correct to the best of my knowledge. 'ig�nature its Date �1�gnatum ore owner Data ht?"';'J lc. _t .• G D.IMAMFamalOerebprsR Review APgft6dbn.DOC Rw. IMB 1 l�� SCANNED CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly swom, on oath deposes that she is and was on August 5, 2010, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Common Cents Auto CUP Amendment — Planning Case 2010-10 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this 0 day of , 2010. • I Notary Pu is J#KIM T. MEUWISSENNotary Public-Minnesotay ComMjg" Etpke JW 31. 2015 Notice of Public Hearing Chanhassen Planning Commission Meeting Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, August 17, 2010 at 7:00 p.m. This hearing may not start until later In the evening,depending on the order of the agenda. Location: Citv Hall Council Chambers, 7700 Market Blvd. Request to amend Conditional Use Permit 97-04 to include the Proposal: contiguous property to the west (PID 25-0362700) of 615 Flying Cloud Drive, zoned Business Fringe (BF) District, to permit parking of used vehicles — COMMON CENTS AUTO. Applicant: Carl "Duff" Hanson Property Contiguous property to the west (PID 25-0362700) of 615 Flying Location: Cloud DdVe A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/serv/plan/l0-10.html. If you wish to talk to someone about this project, please contact Angie Questions & Kairies by email at akairiesOci.chanhassen.mn.us or by Comments: phone at 952-227-1132. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The Item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be Included in the report to the City Council. Ii you wish to have something to be included in the report, lease contact the Planning Staff person named on the notification. Date & Time: Tuesday, August 17, 2010 at 7:00 p.m. This hearing may not start ' until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request to amend Conditional Use Permit 97-04 to include the contiguous property to the west (PID 25-0362700) of 615 Flying Proposal: Cloud Drive, zoned Business Fringe (BF) District, to permit parking of used vehicles — COMMON CENTS AUTO. Applicant: Carl "Duff" Hanson Property Contiguous property to the west (PID 25-0362700) of 615 Flying Location: Cloud Drive A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens W public hearing through the following steps: 1 • Staff will give an overview of the proposed project. the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/serv/plan/10-10.htmi. If you wish to talk to someone about this project, please contact Angie Kairies by email at akairies@ci.chanhassen.mn.us or by Questions & phone at 952-227-1132. If you choose to submit written Comments: comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercialfindustrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish tc have something to be included in the report, lease contact the Planning Staff person named on the notification. PCH DEVELOPMENT LLC P R KELLY PROPERTIES LLC 615 FLYING CLOUD DRIVE LLC 10500 GREAT PLAINS BLVD 550 FLYING CLOUD DR 2025 NICOLLET AVE #203 CHASKA MN 55318-9470 CHASKA MN 55318-9502 MINNEAPOLIS MN 55404-2552 BEATRICE I ZWIERS IRREV TRUST 11111 DEUCE RD ELKO MN 55020-9591 MICHAEL S SPIESS 470 FLYING CLOUD DR CHASKA MN 55318-9533 U S FISH & WILDLIFE SERVICE 1 FEDERAL DR BISHOP HENRY WHIP ST PAUL MN 55111-4056 J T INVESTMENTS LLC 8020 BEAVER HILLS LN CEDAR FALLS IA 50613-9392 STATE OF MINNESOTA - DNR 500 LAFAYETTE RD ST PAUL MN 55155-4030 LARRY HOPFENSPIRGER 2720 QUAKER LN N PLYMOUTH MN 55441-3285 THE WESTERN MOTEL LLC 15506 VILLAGE WOODS DR EDEN PRAIRIE MN 55347-1439 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA AMENDED AND RESTATED CONDITIONAL USE PERMIT #97-04 PLANNING CASE #10-10 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants an amended and restated conditional use permit for the following use which replaces Conditional Use Permit 97-04: A Conditional Use Permit for an Automobile Dealership 2. Property. The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described on the attached Exhibits A and B. 3. Conditions. The permit is issued subject to the following conditions: a. No vehicles which are unlicensed or inoperative shall be stored on the premises. b. All repair, assembly, disassembly or maintenance of vehicles shall occur within a closed building except minor maintenance including, but not limited to, tire inflation, adding oil and wiper replacement. c. No outside storage or display is allowed, except vehicles for sale or rent. d. No outside speaker systems shall be allowed without approval from the city council. e. Parking setback shall be applicable for car or truck storage or waiting areas. f. No test driving of vehicles on local residential streets is allowed. g. A landscaped buffer 100 feet from any residential zoning district. h. All vehicle dealers shall be licensed by the state. i. Parcels A and B shall comply with conditions of the Amended and Restated CUP 97-04. j. The most westerly access on Flying Cloud Drive shall be blocked. k. The curb and landscape island separating the two properties shall be removed to provide vehicular access and continuity between the two parcels. 1. No more that 50 parking spaces may be added on the westerly parcel. The total number of vehicles shall not exceed 75 vehicles to be parked on both sites. The westerly parcel shall be striped and comply with city code. m. Vehicle parking and display must maintain a minimum setback of 10 feet from the front property line abutting Flying Cloud Drive. n. The parking lots shall be maintained in good repair. They shall be swept each spring and fall to limit debris from entering the Minnesota Valley National Wildlife Refuge located south of the parking lot and building. o. Any changes to the site will require a Conditional Use Permit amendment. p. All signs shall comply with City Code and require a separate sign permit. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. The City may institute any proper action or proceeding at law or at equity to prevent violations of the within property, to restrain or abate violations of the within permit, or to prevent use or occupancy of the Subject Property. 5. Lapse. If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced, this permit shall lapse, unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: September 13, 2010 CITY OF CHANHASSEN I= (SEAL) STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) Tom Furlong, Mayor Todd Gerhardt, City Manager The foregoing instrument was acknowledged before me this _day of . 2010, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC DRAFTED BY: City of Chanhassen P. O. Box 147 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 CARVER AND HENNEPIN COUNTIES, MINNESOTA AMENDED AND RESTATED SITE PLAN PERMIT 97-13 PLANNING CASE 2010-10 AGREEMENT dated October 13, 1997, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City"), and Larry Hopfenspirger, (the "Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan (referred to in this Permit as the "project"). The land is legally described on the attached Exhibit "A". 2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that the Developer enters into this Permit and furnishes the security required by it. 3. Development Plans. The project shall be developed and maintained in accordance with the following plans. The plans shall not be attached to this Contract. If the plans vary from the written terms of this Permit, the written terms shall control. The plans are: Plan A --Site Plan dated 7/21/07 and prepared by Curiskis Architects, Inc. 4. Time of Performance. The Developer shall install all required screening and landscaping by June 30, 1998. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 5. Security. To guarantee compliance with the terms of this Permit, the Developer shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent ("security") for $4,000.000 ($3,500-Landscaping and $500- Erosion Control). 6. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address: Larry Hopfenspirger 2025 Nicollet Ave. So., Suite 203 Minneapolis, MN 55404-2552 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by registered mail in care of the City Manager at the following address: Chanhassen City Hall 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 Telephone (952) 227-1100. 7. Other Special Conditions. As shown on the site plan dated received 7/21/97, subject to the following conditions: a. The applicant shall enter into a site plan agreement with the city and provide the necessary security as required by the agreement. b. The applicant shall install site landscaping as shown on the Landscape plan prepared by Curiskis Architects, Inc. dated 8/14/97. c. Overstory species from the City's Approved Tree list must be used. Shrubs shall also be chosen from the city's list. d. Revise site plans as follows: Narrow both driveway accesses onto Trunk Highway 169 (County Road 61) to 30 feet wide. Reduce turnaround tabs 5 feet at each end of the parking lot. Add erosion control silt fence at the southwest and southeast corners of the parking lot approximately 10 feet from each corner. e. The applicant and/or property owner shall supply the city's Building Official with maintenance and pumping records of the septic system every two years. f. The applicant shall be responsible for obtaining and complying with any and all permits from MnDOT for construction within Trunk Highway 169 (County Road 61) right-of- way. The applicant shall comply with the conditions in the letter from Scott Peters to Robert Generous dated September 8, 1997. g. The applicant shall agree to establish a wetland buffer zone along the south property line. In creating the buffer zone the applicant will agree to allow natural vegetation to grow, and agree to keep all business, storage and maintenance activities out of the buffer area. Wetland buffer areas shall be identified in accordance with the City's wetland ordinance. h. Provide proof of septic tank pumping by a licensed pumper to the City. This must be done before the building is occupied. i. Provide ties for the septic tanks, pump tank distribution box. This must be done before the building is occupied. j. Revise the proposed site plan to provide the correct accessible parking. This should be done before council approval. k. A separate sign permit shall be required for all signage installed on the site. 8. General Conditions. The general conditions of this Permit are attached as Exhibit "B" and incorporated herein. 2 CITY OF CHANHASSEN M (SEAL) STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) Tom Furlong, Mayor Todd Gerhardt, City Manager The foregoing instrument was acknowledged before me this_day of , 2010, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC DEVELOPER: Iry STATE OF MUNESOTA ) (ss COUNTY OF ) Larry Hopfenspirger The foregoing instrument was acknowledged before me this _ day of 2010 by Larry Hopfenspirger. NOTARY PUBLIC EXHIBIT A PARCEL A LEGAL DESCRIPTION The property described in the Certificate of Title appears therein as follows: That part of Government Lot 3, Section 36, Township 116 North, Range 23 West of the 5th Principal Meridian described as follows: Commencing at the West quarter corner of said Section 36; thence Southerly along the West line of said Section 36 a distance of 14.65 feet; thence Northeasterly, deflecting to the left 105 degrees 36 minutes 15 seconds, a distance of 1443.80 feet to the point of beginning of the land to be described; thence continuing Northeasterly, along the last described course, a distance of 215.00 feet; thence Southeasterly at a right angle a distance 148.00 feet; thence Southwesterly at a right angle a distance of 215.00 feet; thence Northwesterly at a right angle a distance of 148.00 feet to the point of beginning. Owners of all or part of the subject property, the development of which is governed by the foregoing Site Plan Permit, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this _ day of 2010 Its STATE OF MINNESOTA ) (ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2010, by NOTARY PUBLIC City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-I100 CITY OF CHANHASSEN SITE PLAN PERMIT EXHIBIT "B" 1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb the earth, remove trees, construct improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk; 2) the necessary security and fees have been received by the City; 3) the site plan has been recorded with the County Recorder's Office of the County where the project is located; and 4) the City Planner has issued a letter that the foregoing conditions have been satisfied and then the Developer may proceed. 2. Maintenance of site. The site shall be maintained in accordance with the approved site plan. Plants and groundcover required as a condition of site plan approval that die shall be promptly replaced. 3. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with site plan development. 4. Erosion Control. Before the site is rough graded, and before any building permits are issued, the erosion control plan (Plan B) shall be implemented, inspected, and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be certified seed to provide a temporary groundcover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan, schedule, or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developers and City's rights or obligations hereunder. No development will be allowed and no building permits will be issued unless there is full compliance with the erosion control requirements. Erosion control shall be maintained until vegetative cover has been restored. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion control, the City will authorize removal of the erosion control measures. 5. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including materials blowing, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan (Plan C) shall be warranted to be alive, of good quality, and disease -free at the time of planting. All trees shall be warranted for twelve (12) months from the time of planting. The Developer or his contractor(s) shall post maintenance bonds (Miller Davis Company Form No. 1636 or equal) or other security acceptable to the City to secure the warranties at the time of final acceptance. 7. Responsibility for Costs. A. The Developer shall hold the City and its officers and employees harmless from claims made by it and third parties for damages sustained or costs incurred resulting from site plan approval and development. The Developer shall indemnify the City 6 and its officers and employees for all costs, damages, or expenses, which the City may pay or incur in consequence of such claims, including attorneys' fees. B. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit, including engineering and attorneys' fees. C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work and construction. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. 8. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 9. Miscellaneous. A. Construction Trailers. Placement of on -site construction trailers and temporary job site offices shall be approved by the City Engineer. Trailers shall be removed from the subject property within thirty (30) days following the issuance of a certificate of occupancy unless otherwise approved by the City Engineer. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request. C. Third Parties. Third parties shall have no recourse against the City under this Permit. D. Breach of Contract. Breach of the terms of this Permit by the Developer shall be grounds for denial of building permits. E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Permit is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Occupancy. Unless approved in writing by the City Engineer, no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities tested and approved by the city. G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. Recording. This Permit shall run with the land and may be recorded against the title to the property. I. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. I Construction Hours. The normal construction hours under this contract shall be from 7:00 a.m. to 7:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays, with no such activity allowed on Sundays or any recognized legal holidays. Operation of all internal combustion engines used for construction or dewatering purposes beyond the normal working hours will require City Council approval. K. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the site plan process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. L. Compliance with Laws, Ordinances, and Regulations. In the development of the site plan, the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District; 5. Metropolitan Govemment, its agencies, departments and commissions. M. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers to enter into this Development Contract. N. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. O. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning neither the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. gAplaM2010 planning cases%10-10 cmnmw cents auto cup 97-04 a mendmeaftmended and restated site plan agre tdccx PROPOSED MOTION: "The Chanhassen Planning Commission recommends that the City Council approve the amended and restated Conditional Use Permit 97-04 for a used car lot in the Fringe Business (BF) District, Planning Case #10-10, subject to conditions and adoption of the Findings of Fact and Recommendation as outlined in the staff report." PROPOSAL: The applicant is requesting an amendment to Conditional Use Permit 97-04 to expand a used car dealership by adding a contiguous property located west of 615 Flying Cloud Drive, zoned Fringe Business (BF) District, to permit parking and display used vehicles.,(? LOCATION: 615 Flying Cloud Drive (Parcel A) �y Parcel Number 25-0362700 (Parcel B) APPLICANT: Carl "Duff' Hanson Lang Hopfenspirger 615 Flying Cloud Drive 2720 Quaker Lane North Chaska, MN 55318 Plymouth, MN 55441 PRESENT ZONING: Business Fringe (BF) District 2030 LAND USE PLAN: Parcel A: Office Parcel B: Agriculture ACREAGE: Parcel A:.55 Acres; DENSITY: N/A Parcel B: 3.19 Acres ADJACENT ZONING: The adjacent property to the west is the " V' intersection connecting Chanhassen, Eden Prairie, Chaska and Shakopee. The properties to the north are zoned Fringe Business District (BF) and contain commercial businesses. The property to the east is zoned Agricultural Estate (A2) and contains a motel. The property located to the south is zoned Fringe Business (BF) and Agricultural Estate (A2) and contains the Minnesota Valley National Wildlife Refuge, owned by the MN Department of Natural Resources. WATER AND SEWER: Water and sewer service is not available to the site. The site utilizes a well and septic system. LEVEL OF CITY DISCRETION IN DECISION MAKING: The City has limited discretion in approving or denying conditional use permits, based on whether or not the proposal meets the conditional use permit standards outlined in the Zoning Common Cents Auto August 17, 2010 Page 2 of 7 Ordinance. If the City finds that all the applicable conditional use permit standards are met, the permit must be approved. This is a quasi-judicial decision. PROPOSAL/SUMMARY The applicant is requesting an amendment to Conditional Use Permit (CUP) 97-04 to expand the auto dealership to include the property located west of the subject site to permit used vehicle parking and display. The intent of the expansion will be to allow individual parties to park their vehicles on the lot for sale and conduct personal transactions. The individual parties will rent the space from the lessee of property 615 Flying Cloud Drive. The westerly property contains a bituminous parking area and is not included in the existing CUP; therefore, parking used vehicles for sale on the vacant parking lot requires an amendment to the CUP. Common Cents Auto August 17, 2010 Page 3 of 7 APPLICABLE REGUATIONS Chapter 20, Article IV, Conditional Use Permits Chapter 20, Article IV, Division 4, Section 20-283. Automotive Dealers BACKGROUND On August 9,1988, the Chanhassen City Council approved a conditional use permit (88-12) for an 80 square -foot pylon sign for Super America, 615 Flying Cloud Drive, on property zoned Agricultural Estate (A2). In May, 1993, a permit was issued for the removal of the gas storage tanks on the site. On October 28,1996, the Chanhassen City Council determined that the property was zoned Fringe Business District (BF) in response to an appeal of an administrative decision regarding the zoning of the property. On October 13,1997 a conditional use permit was approved for 615 Flying Cloud Drive to operate a used car dealership on the former Super America site. The approved CUP and Site Plan permits were contained within one recording document; staff has separated the CUP Permit and Site Plan Permit into individual documents for recording. Approval of the CUP and Site Plan included several conditions. In April 2010, staff conducted an inspection of the site. Based on the inspection, the site is in compliance with most of the conditions of approval; the required landscaping is no longer located on the site and must be replaced. According to the applicant, the landscaping did not withstand the salt and sand applications on Flying Cloud drive during the winter. Staff recommends the applicant work with the City Forester to select salt tolerant overstory trees and shrubs for the landscape areas. Compliance Table: CUP Conditions 20-283 Compliance No vehicles which are unlicensed or inoperative shall be stored Yes on the premises. All repair, assembly, disassembly or maintenance of vehicles Yes shall occur within a closed building except minor maintenance, including, but not limited to, tire inflation, adding oil and wiper replacement. No outside storage or display is allowed, except vehicles for Yes sale or rent. No outside speaker systems shall be allowed without approval Yes from the city council. Parking setback shall be applicable for car or truck storage or Yes waiting areas. No test driving of vehicles on local residential streets is Yes allowed. Common Cents Auto August 17, 2010 Page 4 of 7 CUP Conditions 20-283 Compliance A landscaped buffer 100 feet from any residential zoning district. Yes All vehicle dealers shall be licensed by the state. Yes A site plan agreement was also approved with the CUP 97-04; the conditions still apply to Parcel A the site and include: Site Plan Conditions Compliance The applicant shall enter into a site plan agreement with the Yes city and provide the necessary security as required by the agreement. The applicant shall install site landscaping as shown on the The applicant shall replace the Landscape plan prepared by Curiskis Architects, Inc. dated landscaping. 8/14/97. Overstory species from the City's Approved Tree list must be The applicant shall work with used. Shrubs shall also be chosen from the city's list. the City Forester to replace the landscaping - Revise site plans as follows: Narrow both driveway accesses Yes onto Trunk Highway 169 (County Road 61) to 30 feet wide. Reduce turnaround tabs 5 feet at each end of the parking lot. Add erosion control silt fence at the southwest and southeast comers of the parking lot approximately 10 feet from each comer. The applicant and/or property owner shall supply the city's Yes Building Official with maintenance and pumping records of the septics tem every two years. The applicant shall be responsible for obtaining and complying Yes with any and all permits from MnDOT for construction within Trunk Highway 169 (County Road 61) right-of-way. The applicant shall comply with the conditions in the letter from Scott Peters to Robert Generous dated September 8, 1997. The applicant shall agree to establish a wetland buffer zone Yes along the south property line. In creating the buffer zone the applicant will agree to allow natural vegetation to grow, and agree to keep all business, storage and maintenance activities out of the buffer area. Wetland buffer areas shall be identified in accordance with the Ci 's wetland ordinance. Provide proof of septic tank pumping by a licensed pumper to Yes the Ci . This must be done before the building is occupied. Provide ties for the septic tanks, pump tank distribution box. Yes This must be done before the building is occupied. Revise the proposed site plan to provide the correct accessible Yes parking, This should be done before council approval. A separate sign permit shall be required for all signage Yes installed on the site. Common Cents Auto August 17, 2010 Page 5 of 7 Overall, the site is well kept and free of debris. The applicant recently leased the site and has removed non -compliant storage and debris as well as painted the building and obtained a sign permit to install new wall signage. ANALYSIS The applicant is requesting an amendment to the conditional use permit to include the property to the west for additional parking of used vehicles. The property to the west was used as a drive-in and later truck parking and contains a bituminous parking lot. Both properties are owned by the same owner. The subject sites are located in the southern portion of the city on Flying Cloud Drive east of the intersection connecting Chanhassen, Eden Prairie, Shakopee, and Chaska, commonly known as the " T' intersection. The property located to the west of the used car dealership was historically used as a drive-in and later truck parking. It currently contains an empty bituminous parking lot. The applicant is requesting to incorporate the westerly parcel as part of the automobile dealership and pennit additional vehicle parking and display. This will create an expansion of the dealership; therefore, staff is recommending improvements to the site to address the following issues: Safety: The subject properties currently have four private access points on Flying Cloud Drive. In order to improve safety along Flying Cloud Drive, staff is recommending that the most westerly access (Access 4) be blocked. Traffic circulation: There is a curb and a landscape island separating the two properties. Staff is recommending removal of the curb and landscape island to provide vehicular circulation and continuity between the two parcels. Number of parking stalls: The easterly site currently contains 25 parking spaces; staff is recommending the addition of 50 parking spaces on the westerly parcel which will permit a total of 75 vehicles to be parked on both sites. The westerly parcel shall be striped and comply with city code. Setback: All vehicles shall maintain a minimum setback of 10 feet from the front property line, to ensure visibility and safety to motorists on Flying Cloud Drive. Maintenance: The parking lots shall be maintained in good repair. They shall be swept each spring and fall to limit debris from entering the Minnesota Valley National Wildlife Refuge located south of the parking lot and building. Common Cents Auto August 17, 2010 Page 6 of 7 Staff is recommending approval of the CUP amendment to include the property to the west legally described in Exhibit B. Staff recommends that the Planning Commission adopt the following motion: "The Chanhassen Planning Commission recommends the City Council approve the amended and restated Conditional Use Permit 97-04 for a used car dealership to included the contiguous property to the west (PID 25-0362700) of 615 Flying Cloud Drive, for parking and display of used vehicles, Planning Case #10-10, subject to the following conditions and adoption of the Findings of Fact and Recommendation: 1. No vehicles which are unlicensed or inoperative shall be stored on the premises. 2. All repair, assembly, disassembly or maintenance of vehicles shall occur within a closed building except minor maintenance including, but not limited to, fire inflation, adding oil and wiper replacement. 3. No outside storage or display is allowed, except vehicles for sale or rent. 4. No outside speaker systems shall be allowed without approval from the city council. Common Cents Auto August 17, 2010 Page 7 of 7 5. Parking setback shall be applicable for car or truck storage or waiting areas. 6. No test driving of vehicles on local residential streets is allowed. 7. A landscaped buffer 100 feet from any residential zoning district. 8. All vehicle dealers shall be licensed by the state. 9. Parcels A and B shall comply with conditions of the Amended and Restated CUP 97-04. 10. The most westerly access on Flying Cloud Drive shall be blocked. 11. The curb and landscape island separating the two properties shall be removed to provide vehicular access and continuity between the two parcels. No more that 50 parking spaces may be added on the westerly parcel. The total number of vehicles shall not exceed 75 vehicles to be parked on both sites. The westerly parcel shall be striped and comply with city code. 13. Vehicle parking and display must maintain a minimum setback of 10 feet from the front property line abutting Flying Cloud Drive. reA Ucfi Cn A 1,-zMC�y��l y�\� 14. The parking lots shall be maintained in good repair. They shall be swept each spring and fall to limit debris from entering the Minnesota Valley National Wildlife Refuge located south of the parking lot and building. 15. Any changes to the site will require a Conditional Use Permit amendment. 16. All signs shall comply with City Code and require a separate sign ATTACHMENTS 1. Findings of Fact and Recommendation. A- 2. Exhibit A — Legal Description for Parcel 3. Exhibit B — Legal Description for Parcel B. 4. Development Review Application. 5. Public Hearing Notice and Affidavit of Mailing i 6. Amended and Restated CUP 97-04. 7. Amended and Restated Site Plan Permit 97-13. punning cases\10-10 common cmts auto cup 97-04 ameMment\sMIT reportAm V 5)O`A \ax"- 5 VA d- CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Carl "Duff' Hanson and Larry Hopfenspirger for approval of amended and restated Conditional Use Permit 97-04, Planning Case #10-10, to expand a used car dealership by adding a contiguous property located west of 615 Flying Cloud Drive, zoned Fringe Business (BF) District, to permit parking and display of used vehicles. On August 17, 2010, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Carl "Duff' Hanson and Larry Hopfenspirger for an amendment to a conditional use permit to expand an automobile dealership for the property located at 615 Flying Cloud Drive, by adding a contiguous property located west of 615 Flying Cloud Drive. The Planning Commission conducted a public hearing on the proposed Conditional Use Permit which was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned: Parcel A: Fringe Business District (BF) Parcel B: Fringe Business District (BF) 2. The property is guided by the 2030 Land Use Plan: Parcel A: Office Parcel B: Agriculture 3. The legal description of the property is described as: Parcel A: Exhibit A Parcel B: Exhibit B 4. Conditional Use Findings: a. Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or city. Finding: The amended and restated CUP will not be detrimental or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or city. b. Will be consistent with the objectives of the City's Comprehensive Plan and this chapter. Finding: While the 2030 Comprehensive Plan guides Parcel B as Agriculture, the city must provide a reasonable use of the property based on the existing zoning of the property, Fringe Business (BF) District, which permits an automobile dealership. Based on the existing conditions of the site, which is paved, the expansion of the automobile dealership to include vehicle display and parking Parcel B is a reasonable use of the parcel. c. Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. Finding: The proposed expansion to include the existing parking lot for parking and display of vehicles on Parcel is compatible with the character of the area. There is an automobile dealership located to the north across Flying Cloud Drive. d. Will not be hazardous or disturbing to existing or planned neighboring uses. Finding: The expansion of the automobile dealership meets the requirements for an automobile dealership in the BF district as outlined in the City Code, and will not be hazardous or disturb existing or planned neighboring uses. e. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. Finding; The site is not serviced by municipal services and utilizes a well and septic system. f. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. Finding: Expansion of the automobile dealership will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. Finding: Expansion of the automobile dealership will not negatively impact nor be detrimental to surrounding uses or persons. h. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. Finding: Access to the properties will be reduced from four accesses to three accesses on Flying Cloud Drive. The additional parking should not create increased traffic congestions as an automobile dealership is a destination and not a daily need. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. Finding: The proposed expansion of the automobile dealership will not result in the destruction, loss or damage of the solar access, natural, scenic or historic features of major significance. j. Will be aesthetically compatible with the area. Finding: The expansion of the automobile dealership is aesthetically compatible with the area. An automobile dealership is located north of the subject site across Flying Cloud Drive. k. Will not depreciate surrounding property values. Finding: The use will not depreciate surrounding property values; rather it will utilize the existing parking lot on the abutting vacant lot. 1. Will meet standards prescribed for certain uses as provided in this article. Finding: The use is consistent with the City Code with regard to automobile dealerships (Section 20-283) and the BF zoning district. 5. The planning report, Planning Case #10-10, dated August 17, 2010, prepared by Angie Kairies, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the Amended and Restated Conditional Use Permit 97-04, Planning Case #10-10, to expand a used car dealership by adding a contiguous property located west of 615 Flying Cloud Drive, zoned Fringe Business (BF) District, to permit parking and display of vehicles. ADOPTED by the Chanhassen Planning Commission this 17`h day of August, 2010. Its Chairman 3 EXHIBIT A PARCEL A LEGAL DESCRIPTION The property described in the Certificate of Title appears therein as follows: That part of Government Lot 3, Section 36, Township 116 North, Range 23 West of the 5th Principal Meridian described as follows: Commencing at the West quarter comer of said Section 36; thence Southerly along the West line of said Section 36 a distance of 14.65 feet; thence Northeasterly, deflecting to the left 105 degrees 36 minutes 15 seconds, a distance of 1443.80 feet to the point of beginning of the land to be described; thence continuing Northeasterly, along the last described course, a distance of 215.00 feet; thence Southeasterly at a right angle a distance 148.00 feet; thence Southwesterly at a right angle a distance of 215.00 feet; thence Northwesterly at a right angle a distance of 148.00 feet to the point of beginning. 4 PARCEL B LEGAL DESCRIPTION A tract of land in the Northwest Quarter of Section 36, Township 116 North, Range 23 West described as follows: Commencing at a point 1433.8 feet North 73 degrees 20 minutes East from the Southwest comer of said Northwest Quarter, and said point lying in the center line of Trunk Highway 169; thence South and at -right angle to said Trunk Highway a distance of 33 feet to the actual point of beginning; thence continuing South at right angles from Trunk Highway 169 to the intersection with the South line of the Northwest Quarter; thence West along said South line to the intersection with the Southeasterly boundary of said Trunk Highway; thence Northeasterly along said Southeasterly boundary to the actual point of beginning, Carver County, Minnesota. CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION PLEASE PRINT Applicant Name SOMMON S€NT-S Al -TO 615 Flying Cloud Drive Chanhassen, MN 55318 Contact: (' crr 7 Phone: 2- 2 ;& ax:�-2- frS�- S/S3 Email: pc AA,L kc _ ✓V Nsr, Lv K Planning Case No. '3L'0lU —)O cuP q-7-C4 CITY OF CHANHASSEN RECEIVED JUL 1 6 2010 CHANHASSEN PLAUNING DEPT Owner Name and Address: PID 25-0362700 615 Flying Cloud Drive, LLC 2025 Nicollet Avenue #203 Minneapolis, MN 55404-2552 Phone: 612-872-6707 Fax:612-872-0728 PID 25-0363700 Larry Hopfenspirger 2720 Quaker Lane North Plymouth, MN 55441-328 NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) L}a5 Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development' Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)` Subdivision' An additional fee of $3.00 per address within the public Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign— 200 (City to install and remove) " X Escrow for Filing Fees/Attorney Cost $50 CU SPRNACNAR/WAP/Metes 8 Bounds 50 Minor SUB TOTAL FEE $ L 15, C,0 C1L-dk ICq?j wrihch �tActudes Cwt-O&umcn-►- o��sc 4z bit hearing notification area will be invoiced to the applicant prior to the public hearing. pplicrl to >, 5A Vela i( -40 is ti. 'Sixteen (16) full-size folded copies of the plans must be submitted, including an 81/2' X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 (".tif) format. "Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED JLIL-20-2010 10:11 From:COMMERCIRLCONNECTION 6128720729 To:Fax P.3,5 PROJECT NAME LOCATION LEGAL DESCRIPTION AND PID: TOTAL ACREAGE: WETLANDS PRESENT:: YES NO PRESENTZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: FOR SITE PLAN REVIEW: Include number of wasting employees: and new employees: This application must be completed in full and be typewritten or dearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should corder with the Planning Deparbnent to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shell be mailed to the applicant within 15 business days of application, This is to certify that I am mabdng applcatln for the described action by the City and that I am responsible for cornpyng with all City requirements with regard to this request. This application should be processed in my name and 1 am the party whom the City should contact regarding any matter pertaining to this application. 1 have attached a copy of proof of ownership (e@her copy of Ownees Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. 1 further understand that additional fees may be charged for consulting fees, feasibility studies, eta With an estimate prior to arty authfXiZation to proceed with the study. The documents and Inf )rmEMon I have submitted are true and corned to the best of my knowledge. g -Ag�?! Date tgnat�ire ee Ormer D8 O:1PtNdFpmr�ere6�,n!pR pARAI�IbrtDOC Rev. M lI SCANNED CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF M1NNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on August 5, 2010, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Common Cents Auto CUP Amendment — Planning Case 2010-10 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this'O*'- day of , 2010. Notary Pu is KIM T. MEUWISSEN Notary Public-Minnesata My commission EgAms Jan 31, 2015 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, August 17, 2010 at 7:00 P.M. This hearing may not start until later In the evening, depending on the order of the a ends. Location: City Hall Council Chambers 7700 Market Blvd. Request to amend Conditional Use Permit 97-04 to include the Proposal: contiguous property to the west (PID 25-0362700) of 615 Flying Cloud Drive, zoned Business Fringe (BF) District, to permit parking of used vehicles - COMMON CENTS AUTO. Applicant: Carl "Duff" Hanson Property Contiguous property to the west (PID 25-0362700) of 615 Flying Location: Cloud Drive A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/serv/plan/10-10.html. If you wish to talk to someone about this project, please contact Angie Questions & Kairies by email at akairies@ci.chanhassen.mn.us or by Comments: phone at 952-227-1132. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure; • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all properly within 500 feet of the subject site to be notified of the application In writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent Information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerciavindustrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to most with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public headng, the City Council does not. Minutes are taken and any correspondence regarding the application will be Included in the report to the City Council. If you wish to have somethina to be included in the report, lease contact the Plannina Staff person named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, August 17, 2010 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda, Location: City Hall Council Chambers, 7700 Market Blvd. Request to amend Conditional Use Permit 97-04 to include the Proposal: contiguous property to the west (PID 25-0362700) of 615 Flying Cloud Drive, zoned Business Fringe (BF) District, to permit parking of used vehicles - COMMON CENTS AUTO. Applicant: Carl "Duff" Hanson Property Contiguous property to the west (PID 25.0362700) of 615 Flying Location: Cloud Drive A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/serv/plan/l0-10.html. It you wish to talk to someone about this project, please contact Angie Questions & Kairies by email at akairies0cl.chanhassen.mn.us or by Comments: phone at 952-227-1132. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all properly within 500 feet of the subject site to be notified of the application in writing. Any interested party Is invited to attend the meeting. • Staff prepares a report on the subject application that Includes all pertinent information and a recommendation, These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. • Minnesota State Statute 619.99 requires all applications to be processed within 60 days unless the applicant waives this standard, Some applications due to their complexity may take several months to complete. Any person wishing to follow an Item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any Interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and - any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, lease contact the Planning Staff person named on the notification. PCH DEVELOPMENT LLC P R KELLY PROPERTIES LLC 615 FLYING CLOUD DRIVE LLC 10500 GREAT PLAINS BLVD 550 FLYING CLOUD DR 2025 NICOLLET AVE #203 CHASKA MN 55318-9470 CHASKA MN 55318-9502 MINNEAPOLIS MN 55404-2552 BEATRICE I ZWIERS IRREV TRUST 11111 DEUCE RD ELKO MN 55020-9591 MICHAEL S SPIESS 470 FLYING CLOUD DR CHASKA MN 55318-9533 U S FISH & WILDLIFE SERVICE 1 FEDERAL DR BISHOP HENRY WHIP ST PAUL MN 55111-4056 J T INVESTMENTS LLC 8020 BEAVER HILLS LN CEDAR FALLS IA 50613-9392 STATE OF MINNESOTA - DNR 500 LAFAYETTE RD ST PAUL MN 55155-4030 LARRY HOPFENSPIRGER 2720 QUAKER LN N PLYMOUTH MN 55441-3285 THE WESTERN MOTEL LLC 15506 VILLAGE WOODS DR EDEN PRAIRIE MN 55347-1439 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA AMENDED AND RESTATED CONDITIONAL USE PERMIT #97-04 PLANNING CASE #10-10 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants an amended and restated conditional use permit for the following use which replaces Conditional Use Permit 97-04: A Conditional Use Permit for an Automobile Dealership 2. Property. The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described on the attached Exhibits A and B. 3. Conditions. The permit is issued subject to the following conditions: a. No vehicles which are unlicensed or inoperative shall be stored on the premises. b. All repair, assembly, disassembly or maintenance of vehicles shall occur within a closed building except minor maintenance including, but not limited to, tire inflation, adding oil and wiper replacement. c. No outside storage or display is allowed, except vehicles for sale or rent. d. No outside speaker systems shall be allowed without approval from the city council. e. Parking setback shall be applicable for car or truck storage or waiting areas. f No test driving of vehicles on local residential streets is allowed. g. A landscaped buffer 100 feet from any residential zoning district. h. All vehicle dealers shall be licensed by the state. i. Parcels A and B shall comply with conditions of the Amended and Restated CUP 97-04. j. The most westerly access on Flying Cloud Drive shall be blocked. k. The curb and landscape island separating the two properties shall be removed to provide vehicular access and continuity between the two parcels. I. No more that 50 parking spaces may be added on the westerly parcel. The total number of vehicles shall not exceed 75 vehicles to be parked on both sites. The westerly parcel shall be striped and comply with city code. m. Vehicle parking and display must maintain a minimum setback of 10 feet from the front property line abutting Flying Cloud Drive. n. The parking lots shall be maintained in good repair. They shall be swept each spring and fall to limit debris from entering the Minnesota Valley National Wildlife Refuge located south of the parking lot and building. o. Any changes to the site will require a Conditional Use Permit amendment. p. All signs shall comply with City Code and require a separate sign permit. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. The City may institute any proper action or proceeding at law or at equity to prevent violations of the within property, to restrain or abate violations of the within permit, or to prevent use or occupancy of the Subject Property. 5. Lapse. If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced, this permit shall lapse, unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: September 13, 2010 CITY OF CHANHASSEN F-119 (SEAL) I.121 STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) Tom Furlong, Mayor Todd Gerhardt, City Manager The foregoing instrument was acknowledged before me this _day of . 2010, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. DRAFTED BY: City of Chanhassen P. O. Box 147 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 NOTARY PUBLIC 2 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA AMENDED AND RESTATED SITE PLAN PERMIT 97-13 PLANNING CASE 2010-10 AGREEMENT dated October 13, 1997, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City'), and Larry Hopfenspirger, (the 'Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan (referred to in this Permit as the "project"). The land is legally described on the attached Exhibit "A". 2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that the Developer enters into this Permit and furnishes the security required by it. 3. Development Plans. The project shall be developed and maintained in accordance with the following plans. The plans shall not be attached to this Contract. If the plans vary from the written terms of this Permit, the written terms shall control. The plans are: Plan A --Site Plan dated 7/21/07 and prepared by Curiskis Architects, Inc. 4. Time of Performance. The Developer shall install all required screening and landscaping by June 30, 1998. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 5. Security. To guarantee compliance with the terms of this Permit, the Developer shall famish the City with a letter of credit from a bank, cash escrow, or equivalent ("security") for $4,000.000 ($3,500-Landscaping and $500- Erosion Control). 6. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address: Lary Hopfenspirger 2025 Nicollet Ave. So., Suite 203 Minneapolis, MN 55404-2552 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by registered mail in care of the City Manager at the following address: Chanhassen City Hall 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 Telephone (952) 227-1100. 7. Other Special Conditions. As shown on the site plan dated received 7/21/97, subject to the following conditions: a. The applicant shall enter into a site plan agreement with the city and provide the necessary security as required by the agreement. b. The applicant shall install site landscaping as shown on the Landscape plan prepared by Curiskis Architects, Inc. dated 8/14/97. c. Overstory species from the City's Approved Tree list must be used. Shrubs shall also be chosen from the city's list. d. Revise site plans as follows: Narrow both driveway accesses onto Trunk Highway 169 (County Road 61) to 30 feet wide. Reduce turnaround tabs 5 feet at each end of the parking lot. Add erosion control silt fence at the southwest and southeast comers of the parking lot approximately 10 feet from each comer. e. The applicant and/or property owner shall supply the city's Building Official with maintenance and pumping records of the septic system every two years. f. The applicant shall be responsible for obtaining and complying with any and all permits from MnDOT for construction within Trunk Highway 169 (County Road 61) right-of- way. The applicant shall comply with the conditions in the letter from Scott Peters to Robert Generous dated September 8, 1997. g. The applicant shall agree to establish a wetland buffer zone along the south property line. In creating the buffer zone the applicant will agree to allow natural vegetation to grow, and agree to keep all business, storage and maintenance activities out of the buffer area. Wetland buffer areas shall be identified in accordance with the City's wetland ordinance. h. Provide proof of septic tank pumping by a licensed pumper to the City. This must be done before the building is occupied. i. Provide ties for the septic tanks, pump tank distribution box. This must be done before the building is occupied. j. Revise the proposed site plan to provide the correct accessible parking. This should be done before council approval. k. A separate sign permit shall be required for all signage installed on the site. 8. General Conditions. The general conditions of this Permit are attached as Exhibit "B" and incorporated herein. CITY OF CHANHASSEN M. (SEAL) /:\►`I�� STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) Tom Furlong, Mayor Todd Gerhardt, City Manager The foregoing instrument was acknowledged before me this_day of , 2010, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC DEVELOPER: I� STATE OF MINNESOTA ) (ss COUNTY OF 1 Lary Hopfenspirger The foregoing instrument was acknowledged before me this _ day of 2010 by Larry Hopfenspirger. I► 0 ' 1: _ e EXHIBIT A PARCEL A LEGAL DESCRIPTION The property described in the Certificate of Title appears therein as follows: That part of Government Lot 3, Section 36, Township 116 North, Range 23 West of the 5 b Principal Meridian described as follows: Commencing at the West quarter comer of said Section 36; thence Southerly along the West line of said Section 36 a distance of 14.65 feet; thence Northeasterly, deflecting to the left 105 degrees 36 minutes 15 seconds, a distance of 1443.80 feet to the point of beginning of the land to be described; thence continuing Northeasterly, along the last described course, a distance of 215.00 feet; thence Southeasterly at a right angle a distance 148.00 feet; thence Southwesterly at a right angle a distance of 215.00 feet; thence Northwesterly at a right angle a distance of 148.00 feet to the point of beginning. 4 CONSENT Owners of all or part of the subject property, the development of which is governed by the foregoing Site Plan Permit, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this _ day of 2010 Its STATE OF MINNESOTA ) (ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2010, by City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 NOTARY PUBLIC W CITY OF CHANHASSEN SITE PLAN PERMIT EXIMIT "B" GENERAL CONDITIONS 1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb the earth, remove trees, construct improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk; 2) the necessary security and fees have been received by the City; 3) the site plan has been recorded with the County Recorder's Office of the County where the project is located; and 4) the City Planner has issued a letter that the foregoing conditions have been satisfied and then the Developer may proceed. 2. Maintenance of site. The site shall be maintained in accordance with the approved site plan. Plants and groundcover required as a condition of site plan approval that die shall be promptly replaced. 3. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with site plan development. 4. Erosion Control. Before the site is rough graded, and before any building permits are issued, the erosion control plan (Plan B) shall be implemented, inspected, and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be certified seed to provide a temporary groundcover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan, schedule, or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developers and City's rights or obligations hereunder. No development will be allowed and no building permits will be issued unless there is full compliance with the erosion control requirements. Erosion control shall be maintained until vegetative cover has been restored After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion control, the City will authorize removal of the erosion control measures. 5. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including materials blowing, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan (Plan C) shall be wan -anted to be alive, of good quality, and disease -free at the time of planting. All trees shall be warranted for twelve (12) months from the time of planting. The Developer or his contractor(s) shall post maintenance bonds (Miller Davis Company Form No. 1636 or equal) or other security acceptable to the City to secure the warranties at the time of final acceptance. 7. Responsibility for Costs. A. The Developer shall hold the City and its officers and employees harmless from claims made by it and third parties for damages sustained or costs incurred resulting from site plan approval and development. The Developer shall indemnify the City 0 and its officers and employees for all costs, damages, or expenses, which the City may pay or incur in consequence of such claims, including attorneys' fees. B. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit, including engineering and attorneys' fees. C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work and construction. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. & Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 9. Miscellaneous. A. Construction Trailers. Placement of on -site construction trailers and temporary job site offices shall be approved by the City Engineer. Trailers shall be removed from the subject property within thirty (30) days following the issuance of a certificate of occupancy unless otherwise approved by the City Engineer. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmasters request. C. Third Parties. Third parties shall have no recourse against the City under this Permit. D. Breach of Contract. Breach of the terms of this Pemrit by the Developer shall be grounds for denial of building permits. E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Permit is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Occupancy. Unless approved in writing by the City Engineer, no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities tested and approved by the city. G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. Recording. This Permit shall run with the land and may be recorded against the title to the property. I. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. I Construction Hours. The normal construction hours under this contract shall be from 7:00 a.m. to 7:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays, with no such activity allowed on Sundays or any recognized legal holidays. Operation of all internal combustion engines used for construction or dewatering purposes beyond the normal working hours will require City Council approval. K. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the site plan process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. L. Compliance with Laws, Ordinances, and Regulations. In the development of the site plan, the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District; 5. Metropolitan Government, its agencies, departments and commissions. M. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers to enter into this Development Contract. N. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. O. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning neither the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. g:\plan\2010 planning cases\10-10 common cents auto cup 97-04 amendment\amended and restated site plan agreement.docx WANTED Private Sellers Private Buyers ■ Vehicles - Boats ■ Snowmobiles ■ ATV's ■ RV's ■ Campers ■ Motorhomes ■ Motorcycles Friday 12:OOp.m. - Sunday 8:00p.m. 952=460=1556 Corner of Hwy 101 and 212 Chaska, MN LOT SPACE NOW AVAILABLE 1.2.1 Direct. A Private Seller Marketplace vv v w.121dir�:.�.u: 8/17/2010 615 Flying Cloud Drive & contiguous property to the west Fringe Business I'i Fringe Business District The intent of the "BF" district is to accommodate limited commercial uses tempurarym naturewithout urban services, while maintaining the integnty,..11>,�I.+++t��impact, and protecting the natural envimnment. When urban services areavailable, land use rna}' change to a higher and improved use of the property. nl�.wrt In U w 131 p+eY / , yxe (USyk-6e�iF Gv�Ovyll r�p.lo�..I 131 Wlek,akmyrl-/eem�v.e/m M+il nle..ma3. Inro�+ Plimpw+,rmliv,rYe In amm�aa l,rankymnal 131 Cmm .'tm+ `31Cm+ivrtvld6 i1�4w�urtdoll.wm� lel lbulu+l Wr'cava6+n .+r w+.ls� %;ut m Ialu� m1w Request Conditional Use Permit amendment to expand automobile dealership to include property to the west. �y)- d Qast oV 1he "Y" lnkprsee O-In J � _ •,� u I l �' i MORE am, I / ►e � i 8/17/2010 Recommendation "The Chanhassen Planning Commission recommends that the City Council approve the amended and restated Conditional Use Permit 97- 04 for a used car lot in the Fringe Business (BF) District, Planning Case #10-10, subject to conditions and adoption of the Findings of Fact and Recommendation as outlined in the staff report." 1 � M Mi Iok 61! ! 41 h. � 'w � � • � hUL. U ' • Jc.e ct- .. • - - `elmrnjt' ('," k provide V21n1unlar lruesS 06more_ -khan 5i) tadeCrhonal a betwea.�tes 415it\l5 , Mc-AuAtr`i`j PIO-k-, o�-rd !w1rio �i'c�errlon5lr coda CC,M oCtaVxce. • 10, Se-ibaCk- Malr\AfKcu ,C % St]eQPi� icy ya-/- �Fa�-F IS `(�PCYm1 In G,kP nrn mer,� IJA`ll�� V--e- a n q p i e4i s LEGAL DESCRIPTION A Gast of land in the Northwest Quarter of Section 36, Township l l6 Nortb, Ranepe ti West described as follows: t Cammeucmg at a point 1433.8 feet North 73 degrees 20 minutes East from the Southwest comer of said Northwest Quarter, and said point lying in the center line of Trunk Highway 169; thence South and at right angle to sad Trunk Highway a dunce of 33 fret to the actual point of beginning; thence oonlurumg South at nght angles from Trunk Highway 169 to the intmeetion with the South.line of the Northwest Quarts, thence . West along said South lime to the intersectionT with the Scutheastedy boundary of said Trunk Highway; thence Nottheasterly along end Southeasteriv boundary to the actual point of beginning, Carver County, Nfimiesota Aug 06 10 01:03p Duff Hanson 9624601237 p 2 Alcohol and Gambling Enforcement ARMER/911 Program Bureau of Criminal Apprehension _. Driver and Vehicle Services Homeland Security and Emergency Management Minnesota State Patrol Office of Communications Office of Justice Programs Office of Traffic Safety State Fire Marshal and Pipeline Safety Driver and Vehicle Services 445 Minnesota Street • Saint Paul, Minnesota 55101 Phone: 651.296.6911 • Fax: 651.296.2224 • TTY: 651282.6555 wwwAps.state.ma_us Dealer Unit (651) 296-2977 Dealer Fax (651) 297-1480 February 23, 2010 Temporary Period : February 23, 2010 to May 23, 2010 Common Cents Auto Inc 615 Flying Cloud Dr Chanhassen, MN 55318 NOTICE: LICENSE CERTIFICATE ATTACHED BELOW FEWITWEN "I DLR36943 Dear Dealer. - Your application for a Minnesota Motor Vehicle Dealer License has been approved as the information provided has been accepted and your facility has been reported as being in compliance with current standards. Your dealer number is DLR36943. Please refer to this number with all inquiries and in all correspondence regarding your dealership. If plates have been purchased month sticker(s) is/are enclosed for your dealer plates. You must place these stickers over the existing month sticker on each dealer plate in your possession. New year validation stickers will be sent in a separate mailing which you should place over the existing validation stickers. The plate number is listed on the validation sticker. If you have n questions please contact this office_ cerely, Dealer ...............Detach at Dotted Line............................ DEALER LICENSE CERTIFICATE Dealer#: DLR36943 Type: Used Expires: January 31, 2011 Owners/ Carl Adolph Hanson Officers Common Cents Auto Inc 615 Flying Cloud Dr Chanhassen, MN 553I8 not valid without state seal Makes: Bond Cc: North American Specialty Ins Co Bond number. 2108433 Term: Contin Liability Co: Acord Policy number: 4X25258 Aug 06 10 01 Mp Duff Hanson 9524601237 PA Fax Name: Phone: Fax: Address: To: Fax #: # of pages: Messages: Common Cents Auto, Inc. (952) 445-2560 (952) 856-5153 615 Flying Cloud Drive, Chaska, MN 55318 i CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO.2010-10 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, August 17, 2010, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request to amend Conditional Use Permit 97-04 to include the contiguous property to the west (PID 25- 0362700) of 615 Flying Cloud Drive, zoned Business Fringe (BF) District, to permit parking of used vehicles. Applicant: Carl "Duff' Hanson. A plan showing the location of the proposal is available for public review on the City's web site at www.ci.chanhassen.mn.us/sery/plan/10-IO.htmi or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Angie Kairies, Planner I Email: akairies@ci.chanhassen.mn.us Phone: 952-227-1132 (Publish in the Chanhassen Villager on August 5, 2010) SCANNED City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 l,ll ly OF (952) 227-1100 CHMSEN Date: July 19, 2010 Review Response Deadline: August 4, 2010 To: Development Plan Referral Agencies From: Planning Department By: Angie Kairies, Planner I Subject: Request to amend Conditional Use Permit 97-04 to permit parking of used vehicles on property zoned Business Fringe (BF) abutting the westerly property line of 615 Flying Cloud Drive Planning Case: 2010-10 PID: 25-0363700 (615 Flying Cloud Drive) & 25-0362700 The above -described application for approval of a land development proposal was filed with the Chanhassen Planning Department on July 16, 2010. The 60-day review period ends September 14, 2010. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on August 17, 2010 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than August 4, 2010. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments: a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official E Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Minnehaha Creek 9. Telephone Company (Qwest or Sprint/United) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacom 12. CenterPoint Energy Minnegasco 8-" MED Location Map (Subject Property Highlighted in Yellow) Comment Cents Auto 615 Flying Cloud Drive Planning Case 2010-10 SCANNED PROJECT NAME: 111—�✓,/`At, C2 C LOCATION: LEGAL DESCRIPTION AND PID:S TOTAL ACREAGE: WETLANDS PRESENT:: YES NO PRESENT ZONING: V % REQUESTED ZONING: PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: (I�l ([; /i�./� �' �! Lr �1� ✓I/l-�{� FOR SITE PLAN REVIEW: Include number of existing employees: and new employees: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owners Duplicate Certificate of Title, Abstract of Title or purchase agreement), or 1 am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. Ignature of lica'nt Signature o ee Owner 4LZ Date Date G:IPLAMFo"s\Development Review Application.DOC Rev. 1108 JUL-20-2010 10:11 From: COMMERCIRLCONNECTION 6128720728 To:Fax P.1/5 rcTHE CONME LNECTUM COMMERCIAL REAL ESTATE SERVICES FAX COVER SHEET Date: 4'120 b o Time: /0 =/U60" Fax Number: From: Number of pages, including cover sheet: 2D25 NICOLLEf AVENUE SOUTH • SUITE 203 • MINNEAPOLIS, MN 55404 (6121 872-6707 • FAX (612) 872-0728 SCANNED CITY P O E CHANE 07/1S Recei CLERE PAYEE 615 E Chasb Planr Use E Sign Sign Total Cash Chec} Chanc SCANNED COMMON CENTS AUTO - PLANNING CASE 10-10 $425 Conditional Use Permit $100 Sign Permit $50 Recording Fee (CUP/WAPNAR) $200 Notification Sign $775 TOTAL $725 Less Check No.1093 from Common Cents Auto $50 BALANCE DUE SCANNED Carver County, MN t S. Property Information Parcel ID: 250362700 AS400 Acres: 2 Taxpayer Name: 615 FLYING CLOUD DRIVE LLC Homestead: N Taxpayer Address: 2025 NICOLLET AVE #203 School District: SD 011 Taxpayer City St. Zip: MINNEAPOLIS, MN 55404-2552 Watershed District: WS O60 LOWER MN RIVER Property Address: Tax Exempt: N Property City: CHANHASSEN Platname: GIS Acres: 3.19 Disdaimer: This map was created using Carver (IGeographic Map Scale Info madon Systems (GIS), it is a oompilado t of mfamaeon and data fmm feet vanons city.coonty, state, and Federal otfioss. This map w net a 1 inch = 346 surveyed w legally recalled map and is inteMed to he used as a refere"I. carver county is not mspwedefwany marcwaaes Map Date contamed herein. 7/19/2010 N W+E S Carver County, MN it ice"! f ry Y •Mir MINNESOTA VALLEY NATION?..:' t _ ULIFE REFUGE Property Information Parcel ID: 250363700 AS400 Acres: 0.57 Taxpayer Name: LARRY HOPFENSPIRGER Homestead: N Taxpayer Address: 2720 QUAKER LN N Taxpayer City St. Zip: PLYMOUTH, MN 55441-3285 Property Address: 615 FLYING CLOUD OR Property City: CHANHASSEN CIS Acres. 0.55 School District: SO 011 Watershed District: WS 060 LOWER MN RIVER Tax Exempt: N Platname: Disdiaimec This map was a ate4using Carve,County. Geographic Map Scale Information Systems IGISI, it e a mnn,shuon of information and data ft. anus City,County, State. and Federal ofifioss. This map is not a 1 inch = 142 feet surveyed or legally recnsded map and is nbuded to be used as a referenra. Carver county is not responside fins any mai vraaes Map Date contained herein. 7/19/2010 N W+E S SCANNED CITY OF CHANHASSEN DEVELOPMENT FEE SCHEDULE Adopted December 12, 2005 Effective January 1, 2006 Comprehensive Plan Amendment.............................................................................................................$600 a. Minor MUSA line for failing on -site sewers ............................................................................................$100 Conditional Use Permit (does not include site plan review) a. Single-family residence ........................................ ................................................................................... $325 b. All others .................................................................................................................---..............................$425 Grading Permits a. Under 50 cubic yards..................................................................................................................Not required b. 50-1,000 cubic yards............................................................................................................................... Cost c. Over 1,000 cubic yards — Processed as Interim Use Permit ..........................................................Use UBC Interim Use Permit a. Single-family residence...............................................................•-----.------...............................................$325 b. All others... ...... _ ...................................................................................................................................... $425 Notification Signs (City installs and removes)............................................................................................$200 Rezoning to Planned Unit Development...................................................................................................$750 a. Minor Amendment to existing Planned Unit Development....................................................................$100 Rezoning(all other) ........................................... ........................................................................................... $500 Sign Permit a. Permanent ................................ .............................................................................................................. $100 b. Temporary .................................................................................................................................................$35 SignPlan Review.........................................................................................................................................$150 Site Plan Review a. Commercial/Industrial Districts ............................................... $500 + $10 per 1,000 sq. ft. of building area b. Residential Districts ............... ....................................................... ....................... $500 + $5 per dwelling unit c. Administrative..........................................................................................................................................$100 Subdivision a. Create 3 lots or less................................................................................................................................$300 b. Create over 3 lots.............................................................................................................. $600 + $15 per lot c. Final Plat..................................................................................................................................................$250 d. Metes and Bounds Division...................................................................................$300 + $50 per lot over 3 e. Consolidate Lots .... ................................................................................................................................. $150 f. Administrative Subdivision.......................................................................................................................$150 Temporary Sales Permit ........................ Vacation of Rightof-WaylEasements . ..$50 + $50 for additional inspections ..... $300 Variance... ...................................................................................................................................................... $200 Revised 12/05 Page 1 of 2g:\plan\aa\zoning ordinances for email\development fee schedule adopted 12-1 CITY OF CHANHASSEN DEVELOPMENT FEE SCHEDULE Adopted December 12, 2005 Effective January 1, 2006 Wetland Alteration Permit a. Single-family residence..........................................................................------...........................................$150 b. All other uses ................................ ........................................................................................................... $275 Monumentation required for all wetland buffer strip locations.................................................................$20 (City will install signage and monumentation) ZoningAppeal ................................. Zoning Ordinance Amendment...... Filing Fees/Attorney Costs (Attorney's time to ensure proper drafting & documentation) a. Recording Documents..................................................... b. Recording Plats & Related Documents ........................... Consultant Fees ........................... Flood Zone Information and Written Zoning Requests (All requests must be made in writing) X11, $50 per document 50 + County Fees Cost will be billed to developer ...................... $25 PropertyOwner's List.................................................................................................................$3 per property Revised 12/05 Page 2 of 2g.tplantaatzoning ordinances for email\development fee schedule adopted 12-1 Sec. 20-231. Application, public hearing, notice and procedure. The application, public hearing, public notice and procedure requirements for conditional use permits shall be the same as those for amendments as provided in article II, division 2, except that the permit shall be issued on the affirmative vote of a majority of the entire council. Although specific submissions required to complete an application for a conditional use permit may vary with the specific use and the district in which it is located, all applications for such permits must include at minimum a site plan that clearly illustrates the following: proposed land use building mapping and functions, circulation and parking areas, planting areas and treatment, sign locations and type, basic lighting concerns, the relationship of the proposed project to neighboring uses, environmental impacts and demand for municipal services. (Ord. No. 80, Art. III, § 2(3-2-2), 12-15-86) Sec. 20-232. General issuance standards. The planning commission shall recommend a conditional use permit and the council shall issue such conditional use permits only if it finds that such use at the proposed location: (1) Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. (2) Will be consistent with the objectives of the city's comprehensive plan and this chapter. (3) Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. (4) Will not be hazardous or disturbing to existing or planned neighboring uses (5) Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. (6) Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. (7) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare due to excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. (8) Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. (9) Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. (10) Will be aesthetically compatible with the area. (11) Will not depreciate surrounding property values. (12) Will meet standards prescribed for certain uses as provided in this ordinance. (Ord. No. 80, Art. III, § 2(3-2-3), 12-15-86; Ord. No. 377, § 23, 5-24-04) Sec. 20-233. Conditions imposable on permits. (a) In reviewing applications for conditional use permits, the planning commission and the council may attach reasonable conditions to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the comprehensive plan. Such conditions may include, but are not limited to, the following: (1) Controlling the number, area, bulk, height and location of such uses. (2) Regulating ingress and egress to the property and the proposed structures thereon with particular reference to vehicle and pedestrian safety and convenience, traffic flow and control and access in case of fire or other catastrophe. (3) Regulating off-street parking and loading areas where required. (4) Utilities with reference to location availability and compatibility. (5) Berming, fencing, screening, landscaping or other facilities to protect nearby property. (6) Compatibility of appearance. (b) In determining conditions, special considerations shall be given to protecting immediately adjacent properties from objectionable views, noise, traffic and other negative characteristics associated with such uses. (c) It is a condition of every conditional use permit that the property for which the permit is issued not be subdivided or the lot lines of the property altered. (Ord. No. 80, Art. III, § 2(3-2-4), 12-15-86; Ord. No. 377, § 24, 5-24-04) Sec. 20-234. Denial for noncompliance. If the council denies a conditional use permit, it shall state findings as to the ways in which the proposed use does not comply with the standards required by this chapter. (Ord. No. 80, Art. III, § 2(3-2-5), 12-15-86) Sec. 20-235. Permits not personal. A conditional use permit shall be issued for a particular use and not for a particular person. (Ord. No. 80, Art. III, § 2(3-2-6), 12-15-86) Sec. 20-236. Expiration. If substantial construction has not taken place within one year of the date on which the conditional use permit was granted, the permit is void except that, on application, the council, after receiving recommendation from the planning commission, may extend the permit for such additional period as it deems appropriate. If the conditional use is discontinued for six months, the conditional use permit shall become void. (Ord. No. 80, Art. III, § 2(3-2-8), 12-15-86; Ord. No. 377, § 25, 5-24-04) Sec. 20-237. Revocation and inspection. (a) Failure to comply with any condition set forth in a conditional use permit shall be a misdemeanor and shall also constitute sufficient cause for the revocation of the conditional use permit by the city council following a public hearing. The property owner shall be notified in advance of the city council's review of the permit. (b) Inspections will be conducted at least annually to determine compliance with the terms of a conditional use permit. (Ord. No. 80, Art. III, § 2(3-2-7), 12-15-86; Ord. No.106, § 1, 8-14-89) JUL-20-2010 10:11 From:COMMERCIALCONNECTION 6123720728 CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 To:Fax P.2,5 Planning Case No. CITY OF CHANHA5SEN RECEIVED JUL 1 6 Z010 DEVELOPMENT REVIEW APPLICATION Applicant Name and Address: F15 Flvy7Q Cloud Drive Chanhassen, MN 55318 Contact if Phone: - ' Email: .ti get d 1LaY w, Cot- CHA14HASSEN PLAUNING CEP - Phonc:Qs2-Zi- ZyLa Fax: Email: ��F� i�fx f9 c a- Y4Apiliv-Gu-s- NOTE: Consultation with City staff is re ug Ired prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development* Rezoning Sign Permils Sign Plan Review Site Plan Review (SPR)' SubdMslon' Temporary Sales Permit Vacation of flight-of-Way/Easements (VAC) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment X Notification Sign — $200 (C ty to Install and remove) X Escrow for Filing Fees/Attorney Cost" $50 CUPISPRNACIVAR/WAPlMetes & Bounds - S450 Minor SUB TOTAL FEE An additional fee of $3.00 per address within the public hearing notlticatlon area will be Invoiced to the applicant prior to the public hearing. 'Sixteen (16) full-size folded copies of the plans must be submitted, including an 8%" X 11" reduced copy for each plan sheet along with a digital co ov in TIFF -Group 4 (".tif) format. "Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application.