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PC SUM 2010 08 17 CHANHASSEN PLANNING COMMISSION REGULAR MEETING SUMMARY MINUTES 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: REQUEST TO AMEND CONDITIONAL USE PERMIT 97- 04 TO INCLUDE THE CONTIGUOUS PROPERTY TO THE WEST (25-0362700) OF 615 FLYING CLOUD DRIVE, ZONED BUSINESS FRINGE (BF) DISTRICT TO PERMIT PARKING OF USED VEHICLES. APPLICANT: CARL (“DUFF”) HANSON, PLANNING CASE 2010-10. Angie Kairies presented the staff report on this item. Commissioner Aller asked for clarification of the total number of cars allowed on both parcels, and how access would be blocked. Chairwoman Larson asked for clarification of the current and proposed setback. The applicant, Carl Hanson explained the concept for Parcel B being used as an owner to owner car lot. He discussed the issues of keeping the property clean, taking out an access point, and the total number of cars. Commissioner Undestad asked the applicant to address his request for 100 cars and drainage. Chairwoman Larson asked the applicant if he understood the conditions of approval before opening the public hearing. No one spoke and the public hearing was closed. 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. Planning Commission Summary - August 17, 2010 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 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. 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. 2 Planning Commission Summary - August 17, 2010 PUBLIC HEARING: ORDINANCE AMENDMENT TO CHAPTER 20, ZONING CONCERNING CENTRAL BUSINESS DISTRICT (CBD) USES. Bob Generous presented the staff report on this item. Commissioner Doll stated he was confused with the definitions of uses. Commissioner Ellsworth stated he was struggling with inclusionary versus exclusionary and would like a discussion with the City Attorney. Commissioners Aller and Undestad supported the list of permitted businesses as presented. Chairwoman Larson opened the public hearing. No one spoke and the public hearing was closed. Ellsworth moved, Doll seconded to table the Ordinance Amendment to Chapter 20, Zoning Concerning Central Business District (CBD) Uses until after the City Attorney briefs the commission on the issues regarding the specificity in the ordinance language.Ellsworth and Doll voted in favor, the rest opposed. The motion failed with a vote of 2 to 4. Aller moved, Undestad seconded that the Chanhassen Planning Commission recommends the City Council approve the Ordinance Amendment to Chapter 20, Zoning Concerning Central Business (CBD) District uses as presented. All voted in favor, except for Ellsworth and Doll who opposed. The motion carried with a vote of 4 to 2. PUBLIC HEARING: ORDINANCE AMENDMENT TO CHAPTER 20, ZONING CONCERNING POLITICAL SIGNS. Bob Generous presented the staff report on this item. Chairwoman Larson opened the public hearing. No one spoke and the public hearing was closed. Thomas moved, Ellsworth seconded that the Chanhassen Planning Commission recommends the City Council adopt the attached Ordinance Amendment to Chapter 20 of the Chanhassen City Code concerning Political Signs. All voted in favor and the motion carried unanimously with a vote of 6 to 0. PUBLIC HEARING: ORDINANCE AMENDMENT TO CHAPTER 1, DEFINITIONS AND CHAPTER 20, ZONING CONCERNING KENNELS. Bob Generous presented the staff report on this item. Chairwoman Larson opened the public hearing. No one spoke and the public hearing was closed. Undestad moved, Thomas seconded that the Chanhassen Planning Commission recommends that City Council approve the ordinance amendments to Chapters 1 and 20 of the Chanhassen City Code pertaining to kennels. All voted in favor and the motion carried unanimously with a vote of 6 to 0. APPROVAL OF MINUTES: Commissioner Thomas noted the verbatim and summary minutes of the Planning Commission meeting dated July 6, 2010 as presented. 3 Planning Commission Summary - August 17, 2010 COUNCIL PRESENTATIONS: Chairwoman Larson announced that this was her last Planning Commission meeting. Chairwoman Larson adjourned the meeting at 7:55 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 4