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PC Staff Report 08-17-2010PC DATE: 8/17/10 CC DATE: 9/13/10 REVIEW DEADLINE: 9/14/10 CASE #: 10 -10 BY: AK 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." CITY OF CHANHASSEN 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) b 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 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. t+ H R a a ? $ a SUBJECT >� .,,. �� ., • �. �. SITE XJ ,`� _. _ � ! �- . ,1, j� •y�Y�r r`,.�:t � �\ ?.1( � '' � ` � '•� 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 corners of the parking lot approximately 10 feet from each corner. The applicant and /or property owner shall supply the city's Yes Building Official with maintenance and pumping records of the septic system 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 City'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 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 RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "Me 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. 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 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. gAplan\2010 planning cases \10 -10 common cents auto cup 97 -04 amendment\staff report.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. 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 17 day of August, 2010. CHANHASSEN PLANNING COMMISSION mm 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 5 t ' 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 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. 5 CITY OF CHANHASSEN 7700 Market Boulevard - P.O. Box 147 Chanhassen, MN 55317 - (952) 227 -1100 DEVELOPMENT REVIEW APPLICATION JUL 1 6 2010 CHANHASSEN PLA*JNING DEPT PLEASE PRINT Applicant Name and Address: rnnnnnnni ( `c4 1 1:2 Al 1 10 615 Flying Cloud Drive Chanhassen, MN 55318 Contact: Phone: Z 24W ax: fS 2 - Email: V� k­L R-Af C®- Owner Name and Address: 1 / - PID 25-0362 PID 25- 0363700 615 Flying Cloud Drive, LLC 2025 Nicollet Avenue #203 Larry Hopfenspirger Minneapolis, MN 55404 -2552 2720 Quaker Lane North Phone: 612 -872 -6707 Plymouth, Fax: 612-872-0728 y , 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) 4a;; Interim Use Permit (IUP) Non - conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)* Subdivision* Temporary Sales Permit Vacation of Right -of -Way /Easements (VAC) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment X Notification Sign — 200D (City to install and remove) X Escrow for Filing Fees /Attomey Cost ** $50 C PR/VACNARNVAP /Metes & Bounds 50 Minor SUB Cie-* 1083 wn;ih rt4,. n-F%�SO 4-o bz An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant L,-' prior to the public hearing. C'Ppltrd 4ci scj rn �errnia -�i�� *Sixteen (16) full -size folded copies of the plans must be submitted, including an 8' /z" X 11" reduced copy for each plan sheet along with a digital cow 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. TOTAL FEE $, Planning Case No. �.plC -10 CUi' q - i — o — CITY OF CHANHASSEN RECEIVED SCANNED JUL -20 -2010 10:11 From:COMMERCIALCONNECTION 6128720728 To:Fax P.3/5 PROJECT NAME=: •' - ' ► L. G-�.f LOCATION: LEGAL. DESCRIPTION AND PID: TOTAL ACREAGE: WETLANDS PRESENT: -YES NO PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR RE42UEST: _1/ 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 trust be accompanied by an information and plans nKulred by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural mgulrements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submit - A written notice of application deficiencies shall be malled to the applicant within 15 business days of application, This Is to certify that I am maldng application for the described action by the City and that I am responsible I& 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 pertalning this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Tmtla. Abstract of 1"dle 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 myseff 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 arty authorization to proceed with the study. The documents and Informatlon I have submitted are true and correct to the hest of my knowledge. 2 ignature of Kant Date Igrts to ea Owner pate /2 t 131PI AMFOrmglQev�lopmgrd R ew Apoo DW Rev. I= r v SCANNED CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) 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 1 0 +I ' day of , 2010. I - Notary Pu is KIM T. MEUWISSEN Notary Public- Minnesota My Commission Expires Jan 31, 2016 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 p arking 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 /sery /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 p rior 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. If you wish to have something to be included in the report, please contact the Planning 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 r) arkina 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 loca 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 /sery /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 p rior to the Planning Commissio meetin 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. If you wish to have something to be included in the report, please 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 J T INVESTMENTS LLC 8020 BEAVER HILLS LN CEDAR FALLS IA 50613 -9392 LARRY HOPFENSPIRGER 2720 QUAKER LN N PLYMOUTH MN 55441 -3285 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 STATE OF MINNESOTA - DNR 500 LAFAYETTE RD ST PAUL MN 55155 -4030 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 Im (SEAL) CITY OF CHANHASSEN Tom Furlong, Mayor AND: STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) 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 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 (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 STATE OF MINNESOTA ) ( ss COUNTY OF ) IM DEVELOPER: Llkld Larry Hopfenspirger The foregoing instrument was acknowledged before me this day of 2010 by Larry Hopfenspirger. NOTARY PUBLIC 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 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. 0 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 STATE OF 1VIINNESOTA ) ( ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2010, by NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227 -1100 CITY OF CHANHASSEN SITE PLAN PERMIT EXHIBIT "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 Developer's 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. 7 J. 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. gAplan\2010 planning cases \l0 -10 common cents auto cup 97 -04 amendment\amended and restated site plan agreement.docx N .