CC Staff Report 09-13-20100
CITY OF
CHANHASSEN
7700 Market Boulevard
PC Box 147
Chanhassen, MN 55317
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Web Site
wwaci.chanhassen.mn.us
MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: Angie Kairies, Planner I
DATE: September 13, 2010 0 �v -
SUBJ: Approval of Amended and Restated Conditional Use Permit 97 -04,
615 Flying Cloud Drive and Contiguous Property to the West to
Expand an Automobile Dealership
PROPOSED MOTION:
"The Chanhassen City Council approves the amended and restated Conditional
Use Permit 97 -04 for a used car lot in the Fringe Business (BF) District,
Planning Case #10 -10, subject to conditions and adoption of the Planning
Commission's Findings of Fact and Recommendation as outlined in the staff
report."
City Council approval requires a majority of City Council present.
EXECUTIVE SUMMARY
The applicant is requesting an amendment to Conditional Use Permit 97 -04 to
expand a used car dealership by adding a contiguous property located west of
615 Flying Cloud Drive, zoned Fringe Business (BF) District, to permit parking and
display used vehicles. The lot will also be used for individual vehicle display and
sales on weekends.
PLANNING COMMISSION UPDATE
A public hearing was held at the August 17, 2010, Planning Commission meeting.
The Planning Commission voted 6 to 0 to approve the amended and restated
CUP 97 -04.
The Planning Commission discussed the following items: Safety, Number of
Parking Stalls, and Traffic Circulation.
Safety:
The Planning Commission was concerned with safety and the condition of the lot
and recommended adding a condition to include annual inspections of the site.
3
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Todd Gerhardt
CUP Common Cents Auto
September 13, 2010
Page 2
Number of parking stalls:
The applicant stated that limiting the number of vehicles to 50 is not sufficient for the potential of
the business. The Planning Commission recommended the applicant provide a striping plan for the
parking lot that complies with city code.
The applicant provided a parking plan with 72 stalls. The drive aisle between the parking stalls
along the southwest pavement area and the center stalls does not comply with the 26 foot width
requirement. The applicant shall work with staff to provide a parking plan that meets ordinance..
There are stalls on the east side of the layout abutting the landscape island, which is to be removed
in the future to provide vehicular circulation between the two parcels. The stalls may be utilized
until the island is removed.
Traffic Circulation:
The applicant also stated that the condition to remove the curb and landscape island separating the
two parcels is not reasonable to do right away. The Planning Commission determined that the
condition to maintain the circulation between the parcels is reasonable. Staff is recommending that
the condition to remove the landscape island be revised to read as follows: "The island separating
the two parking lots must be removed when 75% of the parking stalls are occupied or the proposed
expansion negatively impacts traffic on Flying Cloud Drive, including but not limited to congestion,
accidents, traffic- related complaints, etc. A pedestrian access between the parcels shall be provided
and maintained prior to the removal of the landscape island."
The Planning Commission minutes are Item la of the City Council packet.
RECOMMENDATION
Staff and the Planning Commission recommend that the City Council adopt the following
motion:
"The Chanhassen City Council approve s the amended and restated Conditional Use Permit 97 -04
for a used car dealership to include the contiguous property to the west (PID 25- 0362700) of
615 Flying Cloud Drive, for parking and display of used vehicles, Planning Case #10 -10, subject
to conditions and adoption of the Planning Commission's Findings of Fact and Recommendation as
outlined in the staff report."
ATTACHMENTS
1. Parking lot plan dated Received August 18, 2010.
2. Staff report dated August 17, 2010.
G:\PLAN\2010 Planning Cases \10 -10 Common Cents Auto CUP 97 -04 Amendment\Executive Summary 9- 13- 10.doc
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CITY OF CHANHASSEN
PC 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 r nds that the City Council approves the amended
and restated Conditional Use Permit 97 -04 for a used car lot in the Fringe Business (BF) District,
Planning Case #10 -10, subject to conditions and adoption of the Planning Commission's Findings of
Fact and Recommendation as outlined in the staff report."
PROPOSAL: The applicant is requesting an amendment to Conditional Use Permit 97 -04 to
expand a used car dealership by adding a contiguous property located west of 615
Flying Cloud Drive, zoned Fringe Business (BF) District, to permit parking and
display used vehicles.
LOCATION: 615 Flying Cloud Drive (Parcel A)
Parcel Number 25- 0362700 (Parcel B)
APPLICANT: Carl "Duff' Hanson Larry Hopfenspirger
615 Flying Cloud Drive 2720 Quaker Lane North
Chaska, MN 55318 Plymouth, MN 55441
PRESENT ZONING: Business Fringe (BF) District
2030 LAND USE PLAN: Parcel A: Office
Parcel B: Agriculture
ACREAGE: Parcel A:.55 Acres; DENSITY: N/A
Parcel B: 3.19 Acres
ADJACENT ZONING: The adjacent property to the west is the "Y" intersection connecting
Chanhassen, Eden Prairie, Chaska and Shakopee. The properties to the north are zoned Fringe
Business District (BF) and contain commercial businesses. The property to the east is zoned
Agricultural Estate (A2) and contains a motel. The property located to the south is zoned Fringe
Business (BF) and Agricultural Estate (A2) and contains the Minnesota Valley National Wildlife
Refuge, owned by the MN Department of Natural Resources.
WATER AND SEWER: Water and sewer service is not available to the site. The site utilizes a
well and septic system.
LEVEL OF CITY DISCRETION IN DECISION MAKING:
The City has limited discretion in approving or denying conditional use permits, based on
whether or not the proposal meets the conditional use permit standards outlined in the Zoning
Common Cents Auto
August 17,-24W
September 13, 2010
Page 2 of 8
Ordinance. If the City finds that all the applicable conditional use permit standards are met, the
permit must be approved. This is a quasi - judicial decision.
PROPOSAL /SUMMARY
The applicant is requesting an amendment to Conditional Use Permit (CUP) 97 -04 to expand the
auto dealership to include the property located west of the subject site to permit used vehicle
parking and display. The intent of the expansion will be to allow individual parties to park their
vehicles on the lot for sale and conduct personal transactions. The individual parties will rent the
space from the lessee of property 615 Flying Cloud Drive.
Common Cents Auto
August 1:7,2010
September 13, 2010
Page 3 of 8
The westerly property contains a bituminous parking area and is not included in the existing
CUP; therefore, parking used vehicles for sale on the vacant parking lot requires an amendment
to the CUP.
APPLICABLE REGUATIONS
Chapter 20, Article IV, Conditional Use Permits
Chapter 20, Article IV, Division 4, Section 20 -283. Automotive Dealers
BACKGROUND
On August 9, 1988, the Chanhassen City Council approved a conditional use permit (88 -12) for an
80 square -foot pylon sign for Super America, 615 Flying Cloud Drive, on property zoned
Agricultural Estate (A2).
In May, 1993, a permit was issued for the removal of the gas storage tanks on the site.
On October 28, 1996, the Chanhassen City Council determined that the property was zoned Fringe
Business District (BF) in response to an appeal of an administrative decision regarding the zoning of
the property.
On October 13, 1997 a conditional use permit was approved for 615 Flying Cloud Drive to operate
a used car dealership on the former Super America site. The approved CUP and Site Plan permits
were contained within one recording document; staff has separated the CUP Permit and Site Plan
Permit into individual documents for recording.
Approval of the CUP and Site Plan included several conditions. In April 2010, staff conducted an
inspection of the site. Based on the inspection, the site is in compliance with most of the conditions
of approval; the required landscaping is no longer located on the site and must be replaced.
According to the applicant, the landscaping did not withstand the salt and sand applications on
Flying Cloud drive during the winter. Staff recommends the applicant work with the City Forester
to select salt tolerant overstory trees and shrubs for the landscape areas.
Compliance Table:
CUP Conditions 20 -283
Compliance
No vehicles which are unlicensed or inoperative shall be stored
Yes
on the premises.
All repair, assembly, disassembly or maintenance of vehicles
Yes
shall occur within a closed building except minor maintenance,
including, but not limited to, tire inflation, adding oil and wiper
replacement.
No outside storage or display is allowed, except vehicles for
Yes
sale or rent.
No outside speaker systems shall be allowed without approval
Yes
from the city council.
Common Cents Auto
August 17, 20 10
September 13, 2010
Page 4 of 8
CUP Conditions 20 -283
Compliance
Parking setback shall be applicable for car or truck storage or
waiting areas.
Yes
No test driving of vehicles on local residential streets is
allowed.
Yes
A landscaped buffer 100 feet from any residential zoning
district.
Yes
All vehicle dealers shall be licensed by the state.
Yes
A site plan agreement was also approved with the CUP 97 -04; the conditions still apply to Parcel A
the site and include:
Site Plan Conditions
Compliance
The applicant shall enter into a site plan agreement with the
Yes
city and provide the necessary security as required by the
agreement.
The applicant shall install site landscaping as shown on the
The applicant shall replace the
Landscape plan prepared by Curiskis Architects, Inc. dated
landscaping.
8/14/97.
Overstory species from the City's Approved Tree list must be
The applicant shall work with
used. Shrubs shall also be chosen from the city's list.
the City Forester to replace the
landscaping.
Revise site plans as follows: Narrow both driveway accesses
Yes
onto Trunk Highway 169 (County Road 61) to 30 feet wide.
Reduce turnaround tabs 5 feet at each end of the parking lot.
Add erosion control silt fence at the southwest and southeast
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
Common Cents Auto
August 17,2010
September 13, 2010
Page 5 of 8
This must be done before the building is occupied.
Revise the proposed site plan to provide the correct accessible
Yes
p arking. This should be done before council approval.
A separate sign permit shall be required for all signage
Yes
installed on the site.
Overall, the site is well kept and free of debris. The applicant recently leased the site and has
removed non - compliant storage and debris as well as painted the building and obtained a sign
permit to install new wall signage.
ANALYSIS
The applicant is requesting an amendment to the conditional use permit to include the property to
the west for additional parking of used vehicles. The property to the west was used as a drive -in and
later truck parking and contains a bituminous parking lot. Both properties are owned by the same
owner.
The subject sites are located in the southern portion of the city on Flying Cloud Drive east of the
intersection connecting Chanhassen, Eden Prairie, Shakopee, and Chaska, commonly known as the
"Y" intersection.
The property located to the west of the used car dealership was historically used as a drive -in and
later truck parking. It currently contains an empty bituminous parking lot. The applicant is
requesting to incorporate the westerly parcel as part of the automobile dealership and permit
additional vehicle parking and display. This will create an expansion of the dealership; therefore,
staff is recommending improvements to the site to address the following issues:
Safety:
The subject properties currently have four private access points on Flying Cloud Drive. In order
to improve safety along Flying Cloud Drive, staff is recommending that the most westerly access
(Access 4) be blocked.
Traffic circulation:
There is a curb and a landscape island separating the two properties. Staff is recommending
removal of the curb and landscape island to provide vehicular circulation and continuity between
the two parcels when 75% of the parking stalls are occupied or the proposed expansion
negatively impacts traffic on Flying Cloud Drive, including but not limited to congestion,
accidents, traffic related complaints, etc. A pedestrian access between the parcels shall be
provided and maintained prior to the removal of the landscape island.
Number of parking stalls:
The easterly site currently contains 25 parking spaces; staff is feeemmending the addition e
paFMng spaees en the par-eel whieh will pem:& a total of 75 vehieles to be parked on beth
si tes. The westerly parcel shall be striped and comply with city code.
Common Cents Auto
August 17,-24W
September 13, 2010
Page 6 of 8
The applicant provided a parking plan with 72 stalls. The drive aisle between the parking
stalls along the southwest pavement area and the center stalls does not comply with the 26 foot
width requirement. The applicant shall work with staff to provide a parking plan that meets
ordinance.
There are stalls on the east side of the layout abutting the landscape island, which is to be
removed in the future to provide vehicular circulation between the two parcels. The stalls
may be utilized until the island is removed.
Setback:
All vehicles shall maintain a minimum setback of 10 feet from the front property line, to ensure
visibility and safety to motorists on Flying Cloud Drive.
Maintenance:
The parking lots shall be maintained in good repair. They shall be swept each spring and fall to
limit debris from entering the Minnesota Valley National Wildlife Refuge located south of the
parking lot and building.
Staff is recommending approval of the CUP amendment to include the property to the west legally
described in Exhibit B.
Common Cents Auto
August 1—? ,-n � n
September 13, 2010
Page 7 of 8
RECOMMENDATION
Staff and the Planning Commission recommend that the Planning C,.r,Y,. is n Chanhassen
City Council adopt the following motion:
"The Chanhassen Planning Gommission reeemmends the City Council approves the amended and
restated Conditional Use Permit 97 -04 for a used car dealership to included the contiguous property
to the west (PID 25- 0362700) of 615 Flying Cloud Drive, for parking and display of used
vehicles, Planning Case #10 -10, subject to the following conditions and adoption of the Planning
Commission's Findings of Fact and Recommendation:
1. No vehicles which are unlicensed or inoperative shall be stored on the premises.
2. All repair, assembly, disassembly or maintenance of vehicles shall occur within a closed
building except minor maintenance including, but not limited to, tire inflation, adding oil and
wiper replacement.
3. No outside storage or display is allowed, except vehicles for sale or rent.
4. No outside speaker systems shall be allowed without approval from the city council.
5. Parking setback shall be applicable for car or truck storage or waiting areas.
6. No test driving of vehicles on local residential streets is allowed.
7. A landscaped buffer 100 feet from any residential zoning district.
8. All vehicle dealers shall be licensed by the state.
9. Parcels A and B shall comply with conditions of the Amended and Restated CUP 97 -04.
10. The most westerly access on Flying Cloud Drive shall be blocked.
11. The ear-b and landseape island separating the twe pr-epefties shall be removed to provide
°` ieul^r aeoess and ° „'i^ iity bet wee n n the t wo par-e The island separating the two
parcels must be removed when 75 of the parking stalls are occupied or the proposed
expansion negatively impacts traffic on Flying Cloud Drive, including but not limited to
congestion, accidents, traffic related complaints, etc. A pedestrian access between the
parcels shall be provided and maintained prior to the removal of the landscape island.
12.
No fner-e that 50 par-k4ng spaees may be added on the wester4y pffeel. The total number- of-
vehieles shall not e�iseed 75 vehieles to be- par4ed on both-sites—. westerly parcel shall be
striped and comply with city code. The applicant shall work with staff to provide a parking
plan that meets ordinance. Stalls located on the east side of the lot abutting the landscape
island, which is to be removed in the future, may be utilized until the island is removed.
Common Cents Auto
August 17, 20 10
September 13, 2010
Page 8 of 8
13. Vehicle parking and display must maintain a minimum setback of 10 feet from the front
property line abutting Flying Cloud Drive.
14. The parking lots shall be maintained in good repair. They shall be swept each spring and fall to
limit debris from entering the Minnesota Valley National Wildlife Refuge located south of the
parking lot and building.
1.5. Any changes to the site will require a Conditional Use Permit amendment.
16. All signs shall comply with City Code and require a separate sign permit.
17. Site inspections shall be conducted annually."
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
AMENDED AND RESTATED
CONDITIONAL USE PERMIT #97 -04
PLANNING CASE #10 -10
1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen
hereby grants an amended and restated conditional use permit for the following use which replaces
Conditional Use Permit 97 -04:
A Conditional Use Permit for an Automobile Dealership
2. Property. The permit is for property situated in the City of Chanhassen, Carver County,
Minnesota, and legally described on the attached Exhibits A and B.
3. Conditions. The permit is issued subject to the following conditions:
a. No vehicles which are unlicensed or inoperative shall be stored on the premises.
b. All repair, assembly, disassembly or maintenance of vehicles shall occur within a
closed building except minor maintenance, including, but not limited to, tire
inflation, adding oil and wiper replacement.
c. No outside storage or display is allowed, except vehicles for sale or rent.
d. No outside speaker systems shall be allowed without approval from the city
council.
e. Parking setback shall be applicable for car or truck storage or waiting areas.
f. No test driving of vehicles on local residential streets is allowed.
g. A landscaped buffer 100 feet from any residential zoning district.
h. All vehicle dealers shall be licensed by the state.
i. Parcels A and B shall comply with conditions of the Amended and Restated CUP
97 -04.
j. The applicant shall work with the City Forester to select appropriate species to be
installed on the site as shown on the Landscape plan prepared by Curiskis
Architects, Inc. dated 8/14/97.
k. The most westerly access on Flying Cloud Drive shall be blocked.
1. The island separating the two parcels must be removed when 75% of the parking
stalls are occupied or the proposed expansion negatively impacts traffic on Flying
Cloud Drive, including but not limited to congestion, accidents, traffic related
complaints, etc. A pedestrian access between the parcels shall be provided and
maintained prior to the removal of the landscape island.
m. The westerly parcel shall be striped and comply with city code. The applicant
shall work with staff to provide a parking plan that meets ordinance. Stalls located
on the east side of the lot abutting the landscape island, to be removed in the
future, may be utilized until the island is removed.
n. Vehicle parking and display must maintain a minimum setback of 10 feet from the
front property line abutting Flying Cloud Drive.
o. The parking lots shall be maintained in good repair. They shall be swept each
spring and fall to limit debris from entering the Minnesota Valley National
Wildlife Refuge located south of the parking lot and building.
p. Any changes to the site will require a Conditional Use Permit amendment.
q. Site inspections shall be conducted annually.
4. Termination of Permit. The City may revoke the permit following a public hearing for
violation of the terms of this permit. The City may institute any proper action or proceeding at
law or at equity to prevent violations of the within property, to restrain or abate violations of the
within permit, or to prevent use or occupancy of the Subject Property.
5. Lapse. If within one year of the issuance of this permit the authorized construction has
not been substantially completed or the use commenced, this permit shall lapse, unless an extension
is granted in accordance with the Chanhassen Zoning Ordinance.
6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal
misdemeanor.
Dated: September 13, 2010
CITY OF CHANHASSEN
Tom Furlong, Mayor
(SEAL)
11
Todd Gerhardt, City Manager
STATE OF MINNESOTA )
(SS
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of , 201_, by
Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted
by its City Council.
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
2