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PC Minutes 08-17-2010 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: 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. 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 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. 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 thru 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? 3 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. 6 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 corner. 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? 8 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. 9 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? 10 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