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4. Progress Valley Mini Storage Facility, CUP, Zoning and Interim Use Permit 1 C I T T O F PC DATE: 1/15/92 �• LiBANBAggItliN CC DATE: 2/10/92 CASE #: 87 -2 CUP, 92 -1 ZOA, 92 -1 IUP sen:v II STAFF REPORT il PROPOSAL: 1. Conditional Use Permit to Allow Rental of Trucks and Trailers. II Imo 2. Zoning Ordinance Amendment to Allow Screened Outdoor Storage as an Interim Use Permit in the BF, Z Fringe Business District. i Q 3. Interim Use Permit to Allow Screened Outdoor V Storage. II a LOCATION: Northwest corner of County Road 10 and Hwy. 212 0 APPLICANT: Gary Brown Gary Dungey I 4 1831 Koehnen Circle 1910 Stoughton Avenue Excelsior, MN 55331 Chaska, MN 55318 r, ' PRESENT ZONING: BF, Business Fringe District .. _/Th.t Pr • ACREAGE: 14 acres _ II DENSITY: E E ADJACENT ZONING AND 1" � I LAND USE: N - A2; vacant 71 c 7 9 S - A2; single family E - A2; single family I Q W - A2 & BF; single family and Gedney Pickle 4 WATER AND SEWER: Not available to the site. W PHYSICAL CHARACTER.: The site was farmed and slopes toward the 1 1--- northwest. mi 175 2000 LAND USE PLAN: Agriculture 4 4 II viN11114■111•1•11011016 III 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11 Brown /Dungey CUP January 15, 1992 Page 2 ' • BACKGROUND ' On May 4, 1987, the City Council approved a conditional use permit for a mini - storage facility (Attachment #1). The conditional use permit was approved with the following conditions: ' 1. One tree for every 40 feet be provided along the berm between the vehicular area and right -of -way and the berm must be two feet high. ' 2. A description of the plantings proposed meeting the minimum standards of six feet high (evergreens) and two and one -half inch caliper (deciduous). 3. The landscaped areas must be sod or seeded. ' 4. A detention basin should be included in the site drainage plan and be designed to limit the on -site runoff to the pre - development rate ' for a 100 year storm event. 5. If possible, align Stoughton Avenue site access with driveway access on the south side of Stoughton Avenue. ' 6. Parking areas and access drives shall be paved with a dust free, all weather surface built to a 4 -7 ton capacity. 7. Concrete curb and gutter will be required only along the outer edge of the perimeter drive around the site. 8. No outdoor storage is permitted. 9. Submission of an emergency access easement agreement. 10. Installation of a 1,500 -2,000 holding tank, plus installation of a one gallon toilet, a spring loaded faucet, a float alarm, and a man hole over the system if located underneath a driveway. I 11. Permit chain link fence of 6 feet in height around perimeter. ' The applicant has completed one of three phases of the mini - storage facility, and is in the process of constructing phase 2. In September of 1991, staff visited the site to determine if the site ' was in compliance with the conditions of approval. Upon inspection of the site, staff found that there was outdoor storage of boats, U -haul vehicles, etc., which is in violation of condition #8. • II Brown /Dungey CUP 1 January 15, 1992 Page 3 Condition #7 also has not been met. All of the other conditions of ' approval have been met. Staff sent the applicant a letter stating the outdoor storage was , in violation of the conditional use permit and the rental of trucks was a separate conditional use in the BF district. The letter further stated that the applicant must apply for an amendment to the original conditional use permit for the outdoor storage and must apply for a new conditional use permit for the rental of trucks. 1 On November 6, 1991, the Planning Commission reviewed the conditional use permit amendment to allow outdoor storage and a conditional use permit to allow rental of trucks and trailers in the BF District. The Commission recommended tabling action on the item until the City Attorney could review whether or not the zoning ordinance had to be amended to allow outdoor storage in the BF District. During the discussion by the Planning Commission, it was stated that if outdoor storage was to be permitted in the BF, it should be permitted as an interim use permit. 1 Staff contacted the City Attorney, who agreed that the best way to address this issue would be to amend the ordinance to specifically allow outdoor storage as an interim use permit in the BF District. 1 Staff advertised the zoning ordinance amendment to add screened outdoor storage as an interim use in the BF District. 1 PROPOSAL /SUMMARY Gary Brown and Gary Dungey, the owners of Progress Valley Storage, ' have made application to receive a conditional permit to permit rental of trucks and have applied for an interim use permit for outdoor storage in the BF District. The site is located south of 1 Hwy. 212 in the BF district. Currently, uses in the BF District are only allowed by conditional use permits and those are limited to the following: 1 Motor fuel stations without car washes. Truck /Trailer rental. ' Utility services. Cold storage and warehousing. 1 1 1 1 Brown /Dungey CUP January 15, 1992 Page 4 1 CONDITIONAL USE PERMIT TO ALLOW TRUCK AND TRAILER RENTAL 1 The applicant is requesting approval of a conditional use permit for the existing rental of U -haul trucks and trailers. The trucks and trailers will be stored where the outdoor storage is proposed. I The Zoning Ordinance permits truck /trailer rental in the BF District as a conditional use permit. There are no specific I conditions for truck /trailer rental, but there are the following general conditions: I 1. Will not be detrimental to or enhance the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. I 1. The site currently is a commercial use and the addition of an accessory commercial use will not be detrimental to the neighborhood and city. 1 2. Will be consistent with the objectives of the city's comprehensive plan and this chapter. 1 2. The site is designated as commercial and the proposed use is consistent with the designation. I 3. Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the I essential character of that area. 3. The site is currently being used as a mini- storage , which a comm use. The addition of I truck facility rental does is not change ercial the character of the site nor will it change the essential character of the area. I 4. Will not be hazardous or disturbing to existing or planned neighboring uses. I 4. The use will not be hazardous or disturbing to existing or planned neighboring uses. 5. Will be served adequately by essential public facilities and I 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 I and services provided by the persons or agencies responsible for the establishment of the proposed use. 1 1 1 Brown /Dungey CUP January 15, 1992 Page 5 5. The use will be served adequately by essential public 1 facilities and services. 6. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. 6. The use will not create excessive requirements for public 1 facilities and services. 7. Will not involve uses, activities, processes, materials, 1 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, 111 odors, rodents, or trash. 7. The use will not be detrimental to any persons or properties. 8. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. 8. The site has existing access which has not caused any problems. The addition of truck rental should not create any traffic conflicts. 9. Will not result in the destruction, loss or damage of solar 1 access, natural, scenic or historic features of major significance. 9. The use will not result in the destruction or loss of features of major significance. 10. Will be aesthetically compatible with the area. 1 10. The use is not proposed to be screened from surrounding properties. The site is surrounded on three sides by residences. The use is aesthetically compatible with the site, but not necessarily with the area. 11. Will not depreciate surrounding property values. 11. The addition of a visual impact on surrounding properties could depreciate surrounding property values. The fact that the use is within an existing commercial site should reduce the impact on surrounding properties. 12. Will meet standards prescribed for certain uses as provided in this article. 1 1 1 Brown /Dungey CUP January 15, 1992 Page 6 1 12. There are no specific standards for truck /trailer rental. The truck and trailer rental will also be partially visible from ' surrounding properties. If this were an original application, staff would be recommending approval with the condition that the storage of trucks and trailers be screened. The existing condition 1 of the site makes complete screening of the trucks and trailers difficult to impose. Staff is recommending screening in the form of landscaping between the truck and trailer storage area and surrounding homes to the south, east, and west. The truck and trailer storage will continue to be partially visible from Highway 212. ' With the addition of landscaped screening, staff feels the rental of trucks and trailers at this site could be permitted since it is currently allowed as a conditional use in this district and since ' it fits with the existing use of the site. PLANNING COMMISSION UPDATE 1 The Planning Commission reviewed the conditional use permit for the rental of trucks and trailers and agreed with staff's recommendation and also added another condition as follows: ' 4. There shall be no more than 20 trucks and 4 trailers and no trucks can exceed 26 feet in length. 111 RECOMMENDATION Staff recommends the City Council adopt the following motion: "The City Council approves Conditional Use Permit #87 -2 for the rental of trucks and trailers with the following conditions: 1 1. The applicant shall provide a landscaped screen with evergreens along the fence line at the southwest corner of the site. 2. The storage of the trucks and trailers shall be confined to the area as shown on the site plan and the area shall 1 have a gravel surface. 3. The applicant shall provide a landscaping plan acceptable ' to the Planning Commission and a letter of credit shall be submitted to cover the cost of material installation and one year warranty. 1 4. There shall be no more than 20 trucks and 4 trailers and no trucks can exceed 26 feet in length." 1 Brown /Dungey CUP 1 January 15, 1992 Page 7 ZONING ORDINANCE AMENDMENT TO ADD SCREENED OUTDOOR STORAGE AS AN 1 INTERIM USE PERMIT IN THE BF DISTRICT Currently, the Zoning Ordinance does not permit screened outdoor 1 storage within the BF district. Screened outdoor storage is permitted in other business districts within the city as a conditional use permit (BH, CBD, and IOP districts). There is one other mini - storage facility located in the BF district which was permitted outdoor storage as part of the conditional use permit. In this case outdoor storage can only be provided to persons who are renting a storage bay. Each storage bay was allowed 1,200 square feet of outdoor storage for a total of 9,600 square feet. The outdoor storage was only permitted within the parking area where it was screened by existing vegetation and topography and excluded junk vehicles, construction debris, appliances, and any items determined by staff to be unsightly and warrant indoor storage. The outdoor storage was to be reviewed annually at which time the city could require additional screening or removal of certain items. Since screened outdoor storage is permitted in other 1 business /commercial districts within the city, staff feels it could also be an appropriate use in the BF district, but only if it is totally screened as required in all other districts. The BF district is not serviced by city sewer and water and uses permitted in the BF district should be ones that do not require sewer and water. Screened outdoor storage does not require sewer and water. Allowing screened outdoor storage as an interim use permit allows the city to establish an expiration date for when the use would no longer be appropriate at that location. PLANNING COMMISSION UPDATE The Commission unanimously recommended approval of the amendment to add screened outdoor storage as an interim use in the BF District. RECOMMENDATION 1 The City Council approves first reading of the Zoning Ordinance Amendment #92 -1 to add Article XX, BF, Fringe Business District, the following to Section 20 -775, Interim Uses: (3) Screened outdoor storage. Amend Division 4, Standards for Business, Office, Institutional and Industrial Districts by adding the following: Section 20 -294. Screened outdoor storage. The following applies to screened outdoor storage: 1 1 Brown /Dungey CUP January 15, 1992 Page 8 (1) All outdoor storage must be completely screened with 100% opaque fence or landscaped screen. INTERIM USE PERMIT FOR SCREENED OUTDOOR STORAGE The applicant is requesting an interim use permit for outdoor storage at the mini - storage facility. When the original application was reviewed by the Planning Commission and City Council, staff recommended a 100% opaque fence, as is required by the zoning ordinance for commercial uses adjacent to residential uses. The Planning Commission recommended approval of the conditional use permit with staff's condition for screening of the ' site. The City Council permitted the conditional use permit with a chain link fence. The applicant wished to have the chain link fence for visibility from the street for police and fire protection. Therefore, the site is not screened from adjacent property. The outdoor storage is proposed to be confined to where phase 3 of I the mini - storage facility is proposed and will be removed when phase 3 is developed (Attachment #2). The outdoor storage is on an unimproved surface. The area for outdoor storage should be improved with a gravel surface to define the area of storage and ' allow maintenance of the site. There is no proposed screening for the outdoor storage. Since the site is fenced with chain link fence it will be difficult to now provide screening for the outdoor storage. The outdoor storage is partially visible from Hwy. 212 and Stoughton Avenue. ' A condition of the interim use permit to allow screened outdoor storage is that the outdoor storage be totally screened by a 100% opaque fence or landscaped screen. Although the site is in the BF district and has had requirements for commercial sites waived in the past, staff still feels those requirements should be upheld. The city is in the process of reviewing the BF district and how the area can be improved. Allowing unscreened outdoor storage does not improve the current status of the area. Therefore, staff is recommending that outdoor storage not be permitted unless it can be completely screened as required in other commercial districts. ' PLANNING COMMISSION UPDATE The Commission unanimously recommended approval of the interim use ' permit with staff's recommended conditions. RECOMMENDATION Planning staff is recommending that the City Council adopt the following motion: • Brown /Dungey CUP 1 January 15, 1992 Page 9 "The City Council approves Interim Use Permit #92 -1 to permit outdoor storage with the following conditions: 1. The outdoor storage shall be completely screened by a 100% 1 opaque fence or landscaped screen. 2. The area for screened outdoor storage shall be improved with a gravel surface. 3. The outdoor storage will be removed from the site upon completion of phase 3 of the mini- storage facility. 4. The applicant shall provide a landscaping plan acceptable to the Planning Commission and a letter of credit shall be submitted to cover the cost of material installation and one year warranty." ATTACHMENTS 1. City Council minutes dated May 4, 1987. 2. Planning Commission minutes dated November 6, 1991. 3. Site plan. 4. Planning Commission minutes dated January 15, 1992. 1 1 1 1 1 1 1 1 1 -- - ---- - - -- - -- • 271 City Council Meeting - May 4, 1987 really feel bad about that. It's an unfortunate thing that happened but I 11 certainly hope it doesn't happen again. Councilman Johnson: When you say the engineer, I would like to comment that. ' the soil borings given by his consultant that he hired showed it to be good. I do work with soil borings and it's hard for me to believe that we missed a 4 to 5 foot deep seam of peat with two soil borings in it. ' Larry Brown: If I may make one other comment. The preliminary plat that was given to McCombs - Knutson, there had been an error in it at the time the soil borings were taken and that might account for a portion of that bad soil. Being that the cul-de -sac mentioned Stellar Court was 10 feet off -line. It was shifted 10 feet. Councilman Geving: I still don't think that's a good excuse. This damm thing ' is 30 feet wide. Resolution #87 -36: Councilman Geving moved, Councilman Johnson seconded to ' approve the Change Order Request for Lake Lucy Road. All voted in favor and motion carried. CONDITIONAL USE PERMIT REQUEST FOR MINI - STORAGE FACILITIES ON PROPERTY ZONED B -F, FRINGE BUSINESS DISTRICT AND LOCATED AT THE INTERSECTION OF TH 212 AND STOUGHTON AVENUE, GARY BROWN. ' Jo Ann Olsen: Just today we received these letters. One is from the LCR Corporation and the other one is from the City of Chaska. The letter from I . Chaska states that they feel that the mini - storage should provide sewer and water to the site and that they are not in total agreement that that is an acceptable use for that area. The letter from LCR is commenting that the reduced requirement for Gary Brown's mini - storage proposal versus what they were required to provide for mini - storage in the Business Park. Councilman Geving: How do they propose us getting sewer and water to that ' site? It doesn't make much sense does it. Mayor Hamilton: Maybe they would like to pay for it. Councilman Geving: We're only about 10 miles from the nearest connection. 11 don't Ashworth: I think they have water and sewer that's relatively close. I don't know if they are proposing. • Councilman Geving: I didn't see an offer in here. ' Councilman Johnson: Do you remember a previous, was it last Council meeting the City of Chaska had a letter in our Administrative Section saying that they ' couldn't extend it out to Merle Volk's property for sewer and water to that point according to the Metropolitan Waste Control Commission. It should be pretty much the same here if they say they can't go past the boundaries there. 17 272 City Council Meeting - May 4, 1987 Jo Ann Olsen: The Planning Commission approved the Conditional Use Permit with Staff's conditions and then they also added three conditions which is the applicant shall provide fire protection for each building and the site plan shall be reviewed by someone knowledgable in fire protection. The applicant shall provide four soil borings for City approval to determine if two • treatment sites are available and third, that everything stored on the site must be stored within the buildings. Since the Planning Commission meeting, Staff has met with the applicants twice and we have also had the plan reviewed by our fire expert. As far as the septic system, the applicant has suggested providing a holding tank and we've consulted our consultant, Roger Machmeier, and he has stated that for a small use,'a holding tank would be permissible on the site. Another issue was also the fencing and the fire person we talked with stated that a chainlinked fence would be preferable for safety protection. Steve Madding, who we spoke with about fire, also stated that they wanted turn arounds on the site provided for the fire trucks. They also wanted the walls of the buildings to be completed up to the ceiling so there would be no attic area. They also recommended that the heat protector be provided within the building. Finally, a second means of access is going to be provided by one of the applicants who lives adjacent to the property. So essentially all the concerns have been met. The applicant has provided us with a new plan. He has provided a turn around area for the fire trucks. This is where the easement will be provided for the secondary emergency access. We will be working for the detailed landscaping plan. Other than ' that, the plan now meets what the Planning Commission's hesitation on the conditional use permit. Staff is recommending that the City Council approve the conditional use permit with the addition of submission of an emergency access agreement and the installation of a 1,500 to 2,000 holding tank plus installation of a one gallon toilet, a spring loaded faucet, a float alarm and a man hole over the system if located underneath a driveway. Mayor Hamilton: Gary, do you have any comments you would like to make? Gary Brown: No. We've met everything that we've been asked to do. We would like to pick up a permit tomorrow and build this thing. Councilman Johnson: On the prints here they have two signs noted. Right at Stoughton and Th 212 there is the word sign and over by the storm water detention area a big word sign. I see no mention of what is intended here. Are you putting up signs here or is that just the County sign that's sitting there? 1 Gary Brown: There is one by the berm area up front. There will be a sign yes. Councilman Johnson: And that's an off -site sign? • Gary Brown: Right. According to the way I understand it, we can put a sign ' also on TH 212. We can have one on each highway. • Councilman Johnson: Does the sign have to be on your property? , Barbara Dacy: Yes. 18 ' 273 City Council Meeting - May 4, 1987 1 Councilman Johnson: Is this on your property? The one up at the point of TH 212 and Stoughton? The one that's not supposed to be there. There is one by your entrance and it says sign here and sign here. There is on sign down here. That's a guy's frontyard. Gary Brown: That's not ours. Our sign would be down by the entrance and be 1 on our property. Jo Ann Olsen: The signs will have to go through the sign permit process. 1 Councilman Johnson: I,went down and looked at the site. I do agree with Chaska, this is the entrance to their City and I have nothing on here showing me what you want to propose as far as an elevation. Give me an idea of what ' we're looking at here. All I see is roofs. I can go from the worse to the best and I have no idea what I'm going to see here. ' Gary Brown: Grading will stay approximatey where it is. There is very little grading. ' Councilman Johnson: I mean construction of the building. Gary Brown: One story. ' Councilman Johnson: I would like to see an architectural .design of it to see what this is going to look like. • ' Gary Brown: You have that here. Councilman Johnson: We have that? 1 Mayor Hamilton: Did you want Gary to explain how high it is or are you going to keep him from answering? ' Gary Brown: There are 7 foot poles so that means you have about 15 feet to the peak of the ceiling. 29 gauge metal. The same thing that pole barns and machinery sheds and that stuff. Councilman Johnson: I'm very concerning on painting, the looks and whatever of this. ' Gary Brown: So are we and that's why we're going with colored metal. Black buildings always bleed through and you are forever painting it. If you get colorclad metal, it's on there and it stays on there. ' Mayor Hamilton: Do you have a copy of the elevations there Jo Arm? ' Jo Ann Olsen: Yes. Councilman Johnson: It's more a structural drawning than anything else. ' Councilman Horn: What Jay's asking for, isn't that something we typically require. It seems like we review this type of a drawing. ' 19 • 274 City Council Meetin g - May 4, 1987 Y Councilman Johnson: Generally. Last year they went to great expense for rock face and everything else that the downtown wanted. I just went over to Eden Prairie and looked at one over at Eden Prairie today and it's the same. Nice looking brick and everything. I'm concerned... • Gary Brown: You've got to remember we're building between Gedney Pickles and the dump. Mayor Hamilton: Yes, just keep in mind where they are proposing this site to be. The one that was proposed for the Industrial Park was a totally different ballgame. It was in a different area completely. Councilman Johnson: The City of Chaska seems to be concerned about it too. 1 Mayor Hamilton: Maybe Chaska ought to tend to their own business. Councilman Johnson: Just because the City of Chaska on the other side of the ' railroad tracks is dumpy is no reason for us to...I don't think Gary is putting anything up dumpy, I just don't know what he's putting up yet. What's your color scheme? Gary Brown: Earth tones. We went through the color schemes and everything with Staff. Councilman Johnson: Staff, did you have any comments on color scheme, whatever? Jo Ann Olsen: Earth tones. Councilman Johnson: Why concrete curb and gutter? I saw some of the folks on the Planning Commission had trouble with this. I think Gary was saying that they want concrete curb and gutter in here on some areas. I'm not totally sure where you-are looking for it and how many feet you're talking about. Why are we asking for this? Gary Brown: Since that time we have come to the agreement that it's going to be rolled asphalt around the outside. It's going to be field all the way around this thing. Barbara Dacy: If I can clarify. We had agreed that you would construct a 4 to 7 ton paved surface but our recommendation still stands as to the perimeter of the site which is going to be concrete curb. Councilman Johnson: What perimeter are you taking about? , Gary Warren: The exterior perimeter of the parking. Not internal curbs around buildings. Outside the parking area. 1 Councilman Johnson: That looks like a whole lot of linear feet of curb and gutter. Gary Brown: You're right. 20 ' 1 275 City Council Meeting - May 4, 1987 Gary Warren: To be consistent with the Ordinance and also trying to control drainage off the site somewhat that the curbing is ... Councilman Johnson: It certainly will last longer. There is one storage area 1 up in Roseville where the back of the storage areas people operate businesses out of. I want to make sure that we are not going to allow that here. That has happened in the past in other locations. 11 Gary Brown: There's not even electricity inside the buildings. Barbara Dacy: It's not allowed by the Ordinance. Councilman Johnson: have any neighbors had any comments since this? Mayor Hamilton: The neighbors are Gary Dungee and one other person. ' Councilman Johnson: I went out and looked at it, like I said, and most of the neighbors have their own shielding as far as the opaqing of the fences. It ' would just be the traffic out on TH 212 driving by that would have the view. I guess I don't have a lot of problems with the opaqing since the neighbors in the area are pretty well sheilded by their own shurbery and fences. You said I your partner in on this is one of the neighbors? Gary Brown: Yes. He lives right next door. ' Councilman Geving: I think one item we should have included here on page 6 is item 11. We talked about the chainlinked fence all the way through this but didn't include it as one of the conditions so I would like to include that as number 11. To add the chainlinked fence of 6 feet that wraps around the entire storage facility. I'm very much in favor of this project and I'll tell you why. When we did.the zoning designation for this particular area of TH ' 212, we designed it for business fringe and businesses such as yours was really what we had in mind. Open storage areas, I really wish we could have put Roman Roos' building down there. It would have made it a lot easier but this is what I had in mind when we put this together. I had a couple ' questions on this detention basin. It's listed as item 4 in there. I didn't see any plans of that going to be done. Could you explain that Barb where that detention basin is going to be placed? Jo Ann Olsen: It shows on the plan. The huge area on the north here. Councilman Geving: It's kind of natural low area there anyway. ' Gary Brown: It's a natural swale down in there now which we are doing a study on it through the engineers. ' Councilman Geving: Where is this landscaped area that's going to be sodded? ' Gary Brown: The front berm area. Right along Stoughton Avenue there and then the berm along the other side there will be seeded. Councilman Geving: I have no comments. I'm very much in favor of the 21 276 City Council Meeting - May 4, 1987 project. It's an improvement to the area and I really don't case what Chaska - has to say about the sewer and water and other comments. Councilman Horn: I don't have any comments. Mayor Hamilton: I don't either. I think it's a good project. It's the type of project we wanted in that area as Dale has said. I'm not sure why there has been so much trouble with this project. I feel bad about that. I really do because it's a very straight forward project and an awful lot of screwing around for a cold storage facility but I'm glad to see we're to the point where it can be approved and get on with building it and get some storage accomplished. Any other questions? Mayor Hamilton moved, Councilman Horn seconded to approve the Conditional Use ' Permit #87 -2 subject to the site plan stamped "Received April 30, 1987" and the following conditions: 1. One tree for every 40 feet be provided along the berm between the vehicular area and right -of -way and the berm must be two feet high. 2. A description of the plantings proposed meet the minimum standards of six feet high (evergreens) and two inch caliper (deciduous). 3. The landscaped areas must be sod or seeded. , 4. A detention basin should be included in the site drainage plan and be designed to limit the on -site run -off to the pre - development rate for a 100 year storm event. 5. If possible, align Stoughton Avenue site access with driveway access on the south side of Stoughton Avenue. 6. Parking areas and access drives shall be paved with a dust free, all weather surface built to a 4 to 7 ton capacity. 7. Concrete curb and gutter will be required only along the outer edge of the perimeter drive around the site. ' 8. No outside storage is permitted. 9. Submission of an emergency access easement agreement. , 10. Installation of a 1,500 to 2,000 holding tank, plus - installation of a one gallon toilet, a spring loaded faucet, a float alarm, and a man hole over the system if located underneath a driveway. 11. Chainlinked fencing at 6 feet high be around the perimeter of the storage area. All voted in favor and motion carried. 22 - 1 CHANHASSEN PLANNING COMMISSION REGULAR MEETING NOVEMBER 6, 1991 ' Chairman Emmings called the meeting to order at 7:30 p.m MEMBERS PRESENT: Ladd Conrad, Steve Emmings, Brian Batzli, Jeff Farmakes and Joan Ahrens MEMBERS ABSENT: Tim Erhart and Annette Ellson STAFF PRESENT: Jo Ann Olsen, Senior Planner and Kate Aanenson, Planner II PUBLIC HEARING: ' CONDITIONAL USE PERMIT AMENDMENT FOR PROGRESS VALLEY STORAGE ON PROPERTY ZONED BF, FRINGE BUSINESS AND LOCATED AT 1900 STOUGHTON AVENUE, GARY BROWN AND GARY DUNGEY. ' Jo Ann Olsen presented the staff report. Chairman Emmings called the public hearing to order. ' Gary Brown: I'm Gary Brown. I represent Progress Valley. To address the U -Haul situation. That's what we rent is U -Haul trucks down there primarily. Once in a while there's couple trailers come in, stragglers I and we try to get rid of those right away because we have gross down there and we don't like hooking them up so that's pretty incidental. But I think, I know as far as that goes, that's a lot better place to that those U -Haul trucks I believe sitting down there with very minimal visibility than they are sitting over here in the middle of town I think. And as far as, I read through the staff report and stuff on this and they're recommending that we put in some evergreens along the southwest corner and I we don't have any problem with that. It will make it look a lot prettier. And as far as a gravel base goes underneath where we're going to park these things, we don't have any problem with that. We can handle that. And people do need a place to park their big boats and motorhomes and such like ' that because I think it looks better parking them down there in the field than it does parking them all over the city. ' Emmings: Can I ask you, what kind of stuff is being stored outside? I'm not talking about the trucks right now but just what kind of outside storage was there? Gary Brown: There's I believe 2 or 3 motorhomes there and a couple of boats and I believe one construction trailer. 1 Emmings: Okay. And if on the map that we've got here of your. Gary Brown: If we put it in that back corner over there, the only person ' that's really going to have to see it is a person who lives right next to the storage center who happens to be my partner who's here, Gary Dungey. ' Emmings: Okay, so the outside storage you're proposing is the area that's in the box on that? Gary Brown: Correct. 1 1 1 Planning Commission Meeting November 6, 1991 - Page 2 ' Emmings: Then as far as where you keep the trucks and other things that you rent out, where are those kept? Gary Brown: We've been keeping them so to speak in the backyard right now. Behind the building. ' Emmings: Well, where on the map though? Gary Brown: Right about over in this area over in here. Where this open 1 land is right in here. So that is visible by 212. If we put them back over in this corner, that would be. 111 Emmings: Be less so. Gary Brown: That would be less visible if that's what you want to see. Emmings: Now I noticed that the original approval required trees every 40 feet and a berm. Was that done? ' Olsen: They do have the landscaping in. -Emmings: That was required by the original, okay. 1 Olsen: They just don't have the concrete curb. Emmings: Okay. Is there anything else you'd like us to take into consideration here? Gary Brown: No. I think you guys are doing a great job. ' Conrad: Oh sure Gary. Gary Brown: You don't believe that Ladd? Emmings: At least we're doing okay so far. 1 Gary Brown: So far tonight we're doing great. Emmings: Okay, thanks. Anybody else that would like to say anything about' this application? If not, is there a motion to close the public hearing? Batzli moved, Conrad seconded to close the public hearing. All voted in favor and the motion carried. The public hearing was closed. Emmings: Let me understand. I have some trouble understanding the conditions listed on page 5. Are you proposing that we adopt? Olsen: No. What happened is you didn't get the, those are. Emmings: They don't look like conditions. Olsen: Right. Those are the 12, those aren't conditions. ' Emmings: These are criteria? Planning Commission Meeting November 6, 1991 - Page 3 Olsen: Those are the 12 criteria that, those are the answers to each one. It looks like the criteria itself did not get in. Vicki did not get those in. Batzli: These are the answers to the questions. Olsen: Those are the answers to the criteria. Conrad: Ah, now you come up with the questions. Emmings: Okay. So we read the answers and make up the questions. Batzli: We'll play Jeopardy. Olsen: They're in the ordinance. I apologize. I didn't notice that. Emmings: Okay, so the recommendations are over here. Now in the ' recommendations you're talking about evergreens in the southwest corner. Where's the southwest corner? Which way is north on our map? Olsen: This is north. ' Emmings: So you want screening where? ' Olsen: In this area. It is close to the residents. I know that's the applicants that live there but when you drive down Stoughton Avenue, it's very visible in here to where the storage is and there are residents all I along here. So it's an area to try and screen. Emmings: So are you figuring, you're putting the screening there because you assume he'll be parking the trucks in that corner? Where that box is? Olsen: Right. That's where they're proposing to keep the outside storage and the U- Hauls. 1 Emmings: Oh okay. I see condition 2 you've got, okay. Let's see what comments we've got up here. Ladd. ' Conrad: Outside storage we require. We require all outdoor storage to be screened? Olsen: Yes. Conrad: Are there any exceptions? ' Olsen: Not recently. The way it's stated in the ordinance, it's screened outside storage. ' Conrad: And it is screened not necessarily. You said we could adopt some conditions of landscaping but right now our standards for screening is, would these meet our current requirements for outside screening? Olsen: No. It wouldn't be totally screened. Plus when you have commercial adjacent to residential, there's to be a 6 foot high 1 Planning Commission Meeting November 6, 1991 - Page 4 opaque fence and that's not there either. Conrad: And so under what rationale could we not set a precedent by allowing this? In fact there's no residential, well. Olsen: There is residential. 1 Conrad: Well, I don't want to put words. There are residential houses there. Olsen: What's been used in the past is the fact that it's been on 212 and it's in the BF district but that doesn't, I feel that it should still be upheld. Conrad: Truck and trailer rental. By screening this Jo Ann, are these buildings there right now? Olsen: No. Conrad: They're not there so really we're right out in the open. So we'd be putting up a fence in that area? Olsen: No. Emmings: No, that's fence isn't it? Olsen: Yeah, this already. Conrad: I'm talking about where we store. 1 Olsen: There won't be any fencing. Gary Brown: Maybe I can help explain this. The whole project now is fenced all the way around. Olsen: With a chainlink fence. 1 Gary Brown: There's 7 acres here all completely fenced in. And we have trees. Conrad: That's within it? Gary Brown: This is within it, correct. This will remain. We've got 4 1 buildings up and full. The fifth slab is poured and we're waiting to put the building up now. The snow kind of slowed things up a little so what we're really asking to do is until we get the next three buildings up, which will be hopefully in the next 2 to 3 years, that will eliminate this problem because then we won't have any room for outside storage. Everything will be confined. So what 'we're trying to do is we're trying to 1 supplement, we're trying to get some income in there to use that area to help defray all the costs. We kind of got surprised with that new watershed thing and some things like that that got very expensive on us. So by renting out some U -Haul trucks and things like that, we can defray some of the costs. 5o I think what Jo Ann's proposed and correct me if I'm 1 1 Planning Commission Meeting November 6, 1991 - Page 5 wrong is to put some more evergreens along here to screen that from the 11 residential area. Correct? Olsen: Yeah. i Gary Brown: I don't want to throw a monkey wrench into this deal but the one thing is, when we first planted all the trees down there, we put some 6 and 7 foot evergreens in. Like about a dozen of them and we lost every one. We put 50 -3 footers in and we've never lost one. We had the nursery come down and it's such sandy soil down there that those big ones, they can't get going in that soil. The guy told us we were kind of wasting our money by putting those big ones in but now those other ones have been in there 2 years and they're about this tall right now. I realize what we're trying to do is screen it and I don't want to goof that thing up but I think it's kind of futile to put in 6 and 7 foot evergreen trees when they're not going to last. Like I say, I don't want to goof it up. I agree whole heartedly with what staff recommends here. But I also want the thing to look nice and I don't want to spend a lot of money on something that isn't going to work. We bought a lot of trees from Conky Bros. and we had so much trouble they came down and tested the soil and little ones will grow wonderful in this. Big ones, they won't. They won't grasp because of ,.their size and because of the soil conditions. We have taken sand as far down as you can dig. Does that answer the question on that? Conrad: Yeah it does. So the outside screening doesn't count as screening? The outside chainlink doesn't count as screening of this area? Olsen: I wouldn't consider a chainlink screening. Emmings: My recollection there Ladd is the Planning Commission said you had to use, recommended opaque fencing around the entire site and then when it went to City Council, that was changed from opaque to chainlink. Am I right? Olsen: Yes. Gary Brown: It was changed for the reason of security and fire. If it's all screened in, I mean people could be in there breaking into the units and nobody would ever see it. And another thing is fire. A fire could be going in there and until it got higher than the fence, nobody would know what's going on. So everybody, the Fire Department, the Police Department ' and everybody agreed that it was a lot better idea to do it this way. To screen it at that time. ' Conrad: Okay. In terms of the trailer truck rental. It is a permitted use. Olsen: It's a conditional use. Conrad: It is a conditional use. And right now Gary you've got those, are you dependent on TH 212 for visibility to promote it? t Gary Brown: It sure helps. 1 1 Planning Commission Meeting November 6, 1991 - Page 6 Conrad: Yeah. You know drive by's your best. • Gary Brown: Yeah. It's great advertising having a U -Haul truck sitting along there where they can see it. Conrad: That's what you want. Staff's position is no. Try to give me a II synopsis. No because? Olsen: We say no for the outside storage just because number one with the I use, the rental of the trailers were kind of on the fence with that one. But that's where we added the conditions where we feel more comfortable with it. 1 Conrad: A couple of things. Detrimental to the neighborhood. Will not be hazardous or disturbing to existing or planned neighborhood uses. Will not i be detriment to... I'm not sure where I'm at on this one. If you think about it in Chanhassen, Gary brought up an interesting point in downtown where we have trailer rental. It's not my favorite site for it. It's got to be someplace. It should be someplace and I don't know how it works here. But this should be a place where we can rent trailers in Chanhassen so I have a tendency to want to make it work someplace, I just don't know how it works down there and if we've got the right standards. It seems like a logical place to put it but I don't know that I'm real comfortable yet that we've got the right standards for that. Maybe we do. I guess I'd like to hear somebody else talk about that from that perspective. It's not i that we shouldn't have trailer rental. Truck and trailer rental in Chan -. There are better places for it than on our main street. And is this a good location and do we have, trailer rental should be visible. If you want to compare to a business person, that's a great way to promote it and we ' don't need to not let that person promote it so the question is, is this the right place and do we have the right standards to guard the neighborhood? Maybe someone can persuade me one way or another. Right now, I don't know. Gary Brown: We basically have two neighbors. We have Al Cohen who lives right on the corner of 212 and Stoughton there and then Gary Dungey on the other side. Emmings: You haven't been asked yet. If he asks you a question that's one l thing. Otherwise. Gary Brown: I thought he was asking a question. I'm sorry. ' Conrad: Yeah, I was sort of addressing the Planning Commission. Emmings: He's musing. Ladd's in one of his musing.. He's posing questions for us to answer. Conrad: I'm trying to let them persuade me Gary but yeah, I know what you have for residents. Or very close. I guess my concern is I'd want to have= you visible there. I'd want it to be presented in the best possible way and I'm concerned with 212 traffic. I'd want it to look good. As much as al truck trailer place could look and what I don't know is that we've got, I 1 Planning Commission Meeting November 6, 1991 - Page 7 don't know that we've set the standards to make that look good and maybe we have. That's why I'm sort of saying to these folks... Emmings: Jo Ann, we've got a mini - storage place up here on TH 5. Did we make it a condition of their approval that they not do outside storage? That's the only other one we've got in Chanhassen isn't it? Olsen: Right. That one's totally screened. Totally opaque. Emmings: Opaque fencing? Olsen: Right. You can't see inside. Emmings: Okay but there we said no outside storage that would protrude above the opaque fencing? Olsen: Correct. Emmings: But did we say no outside storage? . Olsen: That I can't. Emmings: I seem to remember there was not outside storage that you could see above but the idea that we didn't want to see outside storage. Olsen: Right. Emmings: Okay. And now wait, there's another one down at the end of TH 101 _ there and TH 212. Isn't there some kind of storage in there too? Olsen: Mike Sorenson's? Emmings: It's very small. Olsen: Yes. Emmings: Is that screened? There's not outside storage there? Olsen: No. It used to be screened by trees. Now it's not screened. Emmings: But is there outside storage allowed there? Olsen: I believe there was not. I think that's been a pretty much standard condition. Emmings: Okay. Alright, Briar? Batzli: Yes. Emmings: Okay Jeff? It's your turn Brian. Batzli: Well, I was trying to figure out here whether this wouldn't be better handled as an interim use. Since we don't allow this under the 1 Planning Commission Meeting November 6, 1991 - Page 8 ' conditional use, what's the difference between us approving this as an I interim or conditional use? If we decide to approve the outside storage. Olsen: What's the difference with the outside storage? Batzli: Yes. Would it make any difference to you or the City if we approved it one way or another since it's not a permitted use under either one of those categories. ' Olsen: Well I think you'd have to amend the ordinance to make outside storage an interim use. Batzli: And not as a conditional use? Olsen: You could do it either way that you'd want. ' Batzli: I'm just trying to ask. Would we have to amend the ordinance to approve this as a conditional use? Olsen: Outside storage, yes. 'Batzli: But you said in our thing here that if we decide to approve it, I we're just supposed to do it with certain conditions. Olsen: As an amendment to the conditional use permit. You'd be removing 1 the condition that outside storage would not be permitted. Batzli: But in addition to that we'd have to amend the ordinance to do it as a conditional use? Olsen: No. Batzli: Why not? Olsen: I talked that over with Roger and no we don't because we can do it 1 as part of the conditional use. The original conditional use. Batzli: I'm not tracking. It's not one of the uses 'allowed by the ordinance under the conditional use. It's not allowed under interim use. Olsen: Right. Batzli: Why can we do it under the conditional use? Olsen: As a part of the mini- storage. As an accessory part of the conditional use. Batzli: It's not an allowed permitted accessory use. Olsen: No it's not. Batzli: What I would like to do, if we're going to look at this, is decide, whether or not we want to allow these outside storage as it applies to anybody and not just this particular applicant if we're going to do this. 1 Planning Commission Meeting November 6, 1991 - Page 9 And so I would, I don't know. I don't have enough information about whether we want to allow other people to do that down in the BF district. As far as the truck trailer rental, I think that's fine. U Emmings: Okay. And so I'm clear on what you just said. You're agreeing basically with what the staff report said? It said no outside storage but the truck rental you think... Batzli: Right but if we're going to allow outdoor storage, I may allow that but then I want to change the ordinance to allow everybody to do it ' Emmings: Yeah, okay. Conrad: Wait, wait. We don't allow outdoor storage period. Batzli: Well it's defined in here but I don't know where it's used. Conrad: I thought we did when it was screened but we don't. ' Emmings: We do allow outside storage. That's not accurate because I can think of lots of examples where we do. Conrad: But now I'm starting to question. ' Emmings: But it's always been screened. We have the dock place over here and they had to put up opaque fencing. We had the mini - storage. They had to do opaque screening in order to have outside storage. Those are the only two that come right to mind. II Olsen: All of the other business districts. Emmings: Oh, right here off of the end of this street there was outside storage of something. The little street that ends in a cul -de -sac right off the end of Kerber. Conrad: So is this particular to the BF district? Is this just particular to the BF district? ' Olsen: Yes. The only business district that doesn't have it is the BF district. ' Conrad: Okay. Olsen: And I think the reason for that was when we did the BF district we essentially took what was down there and there was an outside storage so. ' Conrad: Yeah, yeah. - ' Emmings: Jeff. Farmakes: On the completion of Phase 3. When you talked about the completion of Phase 3 where you remove outside storage. Do you have a time frame? • 1 Planning Commission Meeting November 6, 1991 - Page 10 Gary Brown: When we fill them all up.Jeff. 1 Farmakes: Okay, so this is a progressive schedule: It's not a building schedule but it's a progressive situation? Gary Brown: Yeah. Farmakes: So for instance the completion of Phase 3 may not occur for 10 1 years? Gary Brown: Let's hope not but you're right. 1 Batzli: If I could interrupt. My proposal would be to look at allowing it as an interim use and then saying you can do it for 2 or 3 years but then, that's right. Farmakes: If at that point when you complete Phase 3, where would these trucks go? Gary Brown: We either have to find a different area for them or come back in or we have to give them up. One or the other. Farmakes: I would be somewhat concerned about this. I don't think that makes sense that you'd want to store that I guess as a temporary use. What, concerns me is that's sort of an open ended time frame. If there was a limit on there, give you a limit I could see that as being a sensible compromise to the problem. The problem's not addressed though. I'm also concerned, in seeing literature from Ryder and U -Haul, part of the franchise suggestion in location of the signage that is on the trailers themselves is to billboard it in such a way that it's seen from the highway obviously and U- Haul's very large on the trailers purposedly so if you line them all up, they create a signage effect. Versus having one sign up there that says U -Haul here, you've got 40 or 50 lined up in a row say potentially. And in some cases the trucks are quite tall. Big large trailers. So you get outside of the storage issue and it actually becomes 1 potentially a signage situation. I think as a separate issue, maybe that's something to deal with in a signage ordinance that we're looking at. Also on these issues of what do we do with these outside trailer situations. Suggestion anyway. Gary Brown: If you let us put them back there where we want to, then you wouldn't have this billboard effect. It would be nice if you'd let us put I one out there along 212. If you don't want us to put one along 212, that's you guy's business. That's your priviledge but all we're asking is to keep them and keep them back there in that corner where it isn't in anybody's 1 way. Farmakes: And I'm not listing that as what you're proposing. I'm just saying potentially if you make a precedent for that, that somebody else may not be trucks and trailers. It may be something else. But in an outside storage situation, what is painted on the side of it or whatever the intent, there is, I guess you still get sort of a visual... 5o I agree here that that maybe a separate issue to look at and if there's a fixed time, maybe 1 1 Planning Commission Meeting November 6, 1991 - Page 11 11 that'd be the best way to go. That you would eliminate the trailers out of there...temporary. Emmings: Joan. Well how about, sorry to interrupt you but you addressed the truck thing. What about the outside storage? Farmakes: I grouped that in there. Emmings: Oh okay. So you wouldn't be opposed to allowing outside storage either if it was under those same conditions? ' Farmakes: On a temporary situation. I think based on what's already been approved in here. That would be a reasonable sort of thing. ' Emmings: Okay. Joan, go ahead. Ahrens: As to the truck and trailer rental, the zoning ordinance ' permits...I'm not familiar with the site. Gary Brown: It's just east of Gednes Picles half a mile if you're familiar. Ahrens: Right but I can't picture where that storage is or anything like that... Gary Brown: You know where Assumption Seminary is? ' Ahrens: Yes. Gary Brown: It's about -3/4 of a mile west of that. ' Ahrens: I know the general area but I can't picture it. Gary Brown: It's right on the corner there. ' Ahrens: I think that we should be allowing truck and trailer rental...in our ordinance to allow it. I'm not sure this is the place it should be but, correct me if I'm wrong but truck and trailer rental was not part of this ' original conditional use permit. Olsen: Correct. Ahrens: Was or was not? Olsen: Was not. Ahrens: So this is kind of, you started the rental business. ' Gary Brown: Correct. We were naive in that we didn't know we needed a special permit for that because of the fact that it's okay in that district to do. You know it comes underneath your Statute. ' Ahrens: Has there been any complaints from, any residents? 1 Planning Commission Meeting November 6, 1991 - Page 12 ' Olsen: No. No complaints. 1 Ahrens: Okay. I'm not opposed to the truck and trailer rental there. I think that we have to be careful about screening... However, how many houses are around... Olsen: It's about 3 homes on the other side of Stoughton. Gary Brown: How many houses are around the mini - storage? Olsen: There's one on either side and then it's like 3 or 2 across the street. Ahrens: How many trucks and trailers do you have available for rental? Gary Brown: At the high point I think we've had 15 trucks haven't we? Gary Dungey: Average is probably 7. , Gary Brown: Average 7. Trailers, 1 or 2. Is there any there now? Gary Dungey: No. , Ahrens: And they're all just mixed in with your other outside storage? The boats and the construction trailer. It's all mixed in together? ' Gary Brown: We try to keep it confined to one end. But you're right. No, no, really. The outside storage is over to one side and the U -Haul we II - keep on the other side because the U -Haul area we keep plowed out in the winter. So they are pretty much segregated right now. Ahrens: But you can see both the outside storage and the rental trucks ' from the residential area? Olsen: Yes. , Ahrens: And the outside storage, it was there when the City Council approved just a chainlink fence around it? 1 Olsen: No it was not. Ahrens: But they knew that was. Olsen: No. It was a specific condition that there be no outside storage. Ahrens: What was the purpose of Planning Commission asking for an opaque II fencing if there wasn't going to be any outside storage or anything out? Olsen: Well the ordinance requires 6 foot high fences between residential II and commercial. And then just to screen the buildings. Batzli: It has residential on 3 sides. 1 Planning Commission Meeting ' November 6, 1991 - Page 13 Emmings: I think we thought the fence looked better than a collection of buildings. Basically. It was kind of a hot item as I recall and I think it kind of came down to aesthetics as I remember but that was a long time ago. ' Ahrens: It's hard for me to believe that even evergreens there are actually going to do anything to screen the outside storage...really want to try and screen it. ' Batzli: In 20 years it will. ' Ahrens: And I can understand that the purpose of your storage facility is to store...I understand that and I don't have any problem with that but I would like to see if we approve this that there be a limit, a time limit on ' how long this outside storage can go on. I think that you may want to forget about the landscaping, at least the 6 foot sized trees. I understand his point there too. He wants to plant a smaller type of tree, I'd go along with that. But I don't think that if we do recommend approval ' of the outdoor storage, that we put a time limit of like 2 to 3 years. And then you've got... ' Emmings: I guess my feeling about this is that there shouldn't be outside storage at that site. I don't think there should be outside storage at any of these mini - storage facilities unless they're completely screened. But as far as the kinds of things you're storing outside right now, I don't really think, there's not that much of a difference between what you're storing outside and the U -Haul trucks. I have no problem at all with the truck rental thing. I think it fits in with what you're doing hand in I . glove and I don't have any problem with that at all. But I guess the reason that I don't want to just, I don't want to step over that threshold of outside storage even though storing a few boats and a few motorhomes ' seems pretty much the same thing as having trucks sitting there, I don't know what it's going to be next week. I don't know if it's going to be a pile of tires or what the hell it's going to be but I think the whole idea behind the mini - storage is, we're building spaces for people to store ' things in in a neat fashion and I don't want to see stuff outside. So I'm absolutely opposed to any outside storage. Like I say. ' Batzli: Unscreened. Emmings: Unscreened. If he wants to put up opaque fencing around that ' corner so it can't be seen from anywhere, then as long as it doesn't stick. up above the fencing, I don't have a problem with it. Since we've done that other places in town, I would say we could do it down there. Right now I don't think our ordinance would allow him to have outside storage period. So I think we'd have to change the ordinance first. 'I'd want to know better why we don't have to change the ordinance before we allow it. The only other thing that would concern me about the truck rental I guess would be the scale. I want to know something about, you know 15 trucks and 2 trailers doesn't bother me at all. In fact I wouldn't care if it was more than that but if it's 150 or if they suddenly get to be real big trucks, that's a totally different thing. And so I don't know how we could set any limit on scale but can you give me some idea how big an operation you see? How many vehicles maximum you'll be parking? 1 anning Commission Meeting )vember 6, 1991 - Page 16 )nrad: That's not outside storage. That's a retail service and I don't _ ?ry pow how it works Gary. I don't understand it. Gary's got to put the re ,o be II uff inside the screen. :tzli: It actually fits within the definition of outside storage though )o. Having your trucks parked there. )ing irens: But our ordinance permits it. i :aler.� o 20 tzli: I know, which is interesting. trens: So why do we have to table that part? , imings: Because I think what, at least what I think Ladd is saying is iat storing, you're putting these trucks out. Yes it's permitted, it's >o. ke a retail use. It's a conditional use that's allowed in this area but :ally what you're doing is storing a bunch of trucks outside and I think dd wants to make sure that we've got proper conditions for this )nditional use before we just say okay, go ahead and we don't have any )editions in place right now. We may want to screen somehow however, or may not. say we I )nrad: Or we may not. o . a in I Hmings: Yeah, exactly. , .hat's think )nrad: And what staff wrote down here, there are no specific standards )e to )r truck trailer rental. General ones and it sort of seems strange that ., won't -'re going to put a fence around truck trailer rental. Well it's there. Itg >n't know. =rmakes: There are other uses...of that elsewhere. Not in this area but ° -,ere are some other areas but basically it's used as a form of advertising front by the road in town here. In parking lot. Retail parking lot so is, that kind of bothers me that there isn't anything at all on there =garding... -tzli: Well I think we can look at that under the general 12 conditions. . 've ,ether that's proper to allow them to park right next to the road and take o the look at that. A* o do of :rmakes: I didn't say it was improper. It's just where, it's sort of an ►a e 'en ended thing. It's a retail parking lot or out by the highway in a :veloped area. What is the proper area... nmings: Well I guess basically, it sounds like we need more time to get ' Jr act together. ry Brown: One comment I would like to make is what Joan brought up here.lo ome .actly what my feeling is is that we shouldn't be here even addressing thee I =Haul thing because that's permitted in this district. it. n nmings: No, it's a conditional use and what that means, right now you're d 't illy allowed to do that once we say go ahead and do that, the truck rental re I Planning Commission Meeting g November 6, 1991 - Page 17 and you will have to do it under these conditions. It's not a permitted use. It's allowed as a conditional use. That's different. Is that right? Olsen: Yes. Emmings: Okay. Okay there are permitted uses. That means if something, if it's just a permitted use in the district, it's something that you can do. Alright? Now that doesn't mean you don't have to get approvals on ' aspects of it but still it's something that you can do without asking any permission from the City. On a conditional use, you have to say I want to do this and then the City says, yes you can do it but only if you do it under these conditions. And that's the difference between a permitted and conditional use and this is a conditional, allowed conditional use. Gary Brown: Well why don't you write us and let us know. Alright, thanks a lot. Emmings: We've got a motion pending here. The motion is to table the ' entire thing and take a look at the ordinance. Let's take a look at the ordinance and this proposal together and get something decided at our next meeting. It's not that big a deal I think. ' Conrad moved, Batzli seconded to table amending Conditional Use permit #87 -2 and directing staff to review the ordinance regarding outside storage in the BF district. All voted in favor and the motion carried. Ahrens: I'd be interested in Roger's explanation allowing that. ' Olsen: We've done that before where we've had certain uses as part of the conditional use that we'.ve allowed. So we've done it before but I'll get something in writing. ' Emmings: Yeah, it seems real arbitrary because what's the sense of listing what can be a conditional use. We might as well write down anything we want. Olsen: Right. I agree. Emmings: I don't get that. Farmakes: I don't understand the issue of outside storage. ' o age. We ve got the rental thing up here in the parking lot across from the mall. ' Batzli: Merlyn's? ' Farmakes: Across from Merylyn's. Outside. There are motorcycles. There are trailers out there and so on. Conrad: It's illegal. Farmakes: That's what I'm saying. That's a retail parking lot so it seems like an item that really needs to be. ' Conrad: Nobody has enforced that issue right there. Planning Commission Meeting November 6, 1991 - Page 18 Farmakes: But if somebody came in here and wanted to put in 100. I think in Savage they have a huge U -Haul situation by the freeway and they've got 100 maybe trucks lined up along the highway and it has a visual, not only II retail impact but a real environmental visual impact. Ahrens: What's wrong with Merlyn's though,' It's a hardware store. 1 Farmakes: They have different rental items. Log splitters. Motorcycles. Conrad: It's just terrible. 1 Ahrens: See I don't see any problem with that. Farmakes: I didn't say there was a problem with it. It's just that it's 111 parked out in a retail parking lot and parking space. It seems kind of an inconsistent use. What if they park a billboard sign? Conrad: They could keep an RV out there. They could keep a boat out there. It just could be a collage of stuff. That's not what you want on 1 your main street. It's just not right. I don't think anybody's playing. Ahrens: I don't think we know what we want. Batzli: I think if you asked most of the residents, they all go there and use the stuff and they like it there. Whether visually you like it is secondary to the question to most of the people that frequent downtown Chanhassen. Conrad: They like to see cement mixers on main street? Batzli: I don't think they care. Ahrens: I don't think it bothers anybody. I've heard anybody outside of the Planning Commission say that offends them. Conrad: Ah, I have. My neighbors have said that. Farmakes: I think the other problem of what is permitted use. If I come in here and you refuse me one thing and I can point that out across the street, what is the. 1 Conrad: Well I'd kind of like the Dinner Theatre to.store their props out on West 78th Street too. You know it's not just a few things. A few things don't bother me and I think that's why nobody has really pushed that. But I think if everybody did that, then we've got a problem. Emmings: Are there regulations on outside storage in the downtown business, district? Batzli: It's not allowed. Emmings: It's absolutely not allowed? Olsen: The CBD. Yeah. 1 1 Planning Commission Meeting IF November 6, 1991 - Page 19 Aanenson: And the industrial areas. Because people would have trailers, construction trailers that's supposed to be screened too. Emmings: Okay. That's a sensible rule too. Let's go onto agenda item 2. We can take this up again when we look at outside storage for Gary Brown. PUBLIC HEARING: ' ZONING ORDINANCE AMENDMENT CONCERNING MOORING OF WATERCRAFT. Public Present: ' Name Address Bernie Schneider 7501 West 77th Street Emmings: I think this is pretty self explanatory. It is a public hearing. Olsen: Yeah, they're here for that. ' Emmings: Okay. Did you want to be heard on this item? Olsen: Maybe I should explain what it is. Emmings: Yeah, go ahead Jo Ann. Olsen: I think he's somewhat familiar with this but what you'll be doing is amending the recreational beachlot ordinance to add the following: No watercraft shall be moored, docked or stored in the dock setback zone in I . such a way that the watercraft or any part thereof extends across the extended side lot lines.of any lakeshore site. This is to prevent boats from being docked in front of somebody else's lakeshore property. ' Emmings: Well there's a little more to this isn't there Jo Ann? Olsen: That amends a different chapter that you don't deal with. That's amending Chapter 6. Emmings: Well who's going to be looking at that? Olsen: The City Council will be doing that one. ' Emmings: Okay. So we're only looking at. Olsen: You're only looking at the zoning chapter. ' Emmings: And this other part will go in front of the', has that already been passed by the City Council? Olsen: No. It has not. Emmings: When will that be heard by them? Olsen: In the next meeting in November. Or December. 1 o \ --7-- 1 _,J ‘ iil. . •,--:, ) . ;I! 1k 1 , / sir N ill \ „.. • 0 - . MI' • \ / \ ov / A , 1 ,*/• 4,0•407MIL \. r \k,„: , "i'\ . 0 % t.,. • •. tit , \ n , ',‘ . c. . A _ z„ % \ 0 , I \ . \ r . ,...i-,,& \ /fejt A1 \\ ,‘,:*,,tr.4%- s-,, . . . Orifoloyi 07-ver;%-\,\ ' • cl k ' .. . :. . , i n , ,,,c-......,.„,,-,0:-:, Ct, •° ‘iti :1,, . ) I 7 ...eat, - ' s • , ; ' , 1 .-- , • \ \ - \ \4 V 00 ‘. \ i* 41 / 1 i (1110 -,_ 1 ‘ e----1-f., ,■\ • , i, \--''• t' \ V ./400°°°.%/4 1 * 41 (3 I s,• , / , - / 0 , \ / \ ; —• - ) ' • \ 1 \\, cx: .f. 1.-. I -- \ . ( g co 1 :I r4- _ \) gii ei- ......m. , ‘ , N 0 , '........... t._ , w ., . _its ri- 1 I -i• i - ■ — •x / 1 . ... I --; , . .,- 1 I :404ati • CHANHASSEN PLANNING COMMISSION REGULAR MEETING 1 JANUARY 15, 1992 Chairman Emmings called the meeting to order at 7:40 p.m.. ' MEMBERS PRESENT: Ladd Conrad, Steve Emmings, Jeff Farmakes, Joan Ahrens and Matt Ledvina MEMBERS ABSENT: Tim Erhart and Brian Batzli STAFF PRESENT: Paul Krauss, Planning Director; Jo Ann Olsen, Senior 1 Planner; and Kate Aanenson, Planner II ' Emmings: We're going to save item number one until the end of the meeting. Those are all basically organizational items and we'll get right onto the public hearing. ' PUBLIC HEARING: ZONING ORDINANCE AMENDMENT AND INTERIM USE PERMIT FOR SCREENED OUTSIDE STORAGE ON PROPERTY ZONED BF, FRINGE BUSINESS DISTRICT FOR PROGRESS VALLEY STORAGE, LOCATED AT 1900 STOUGHTON AVENUE, GARY BROWN AND GARY DUNGEY. JoAnn Olsen presented the staff report on this item. Chairman Emmings called the public hearing to order. Emmings: Gary, do you have anything to add? Gary Brown: No. That's fine. If we go with outside storage, you want it screened? Is that correct? If we do not go with the outside storage, the same with the truck rentals, do you still want the screening? Olsen: We're just asking for the additional landscaping. There is no specific requirement for, as part of the conditional use permit for truck ' and trailer rental, there's no specific requirement that it has to be completely screened. We are asking for additional screening from the residential for the truck and trailer rental and complete screening for any ' other outdoor storage. Gary Brown: Now, the only question I guess I would ask then is, are you going to make the parking lot owner across the street here, the hardware store, are you going to make him screen that all the way around? Emmings: We're not looking at that. We don't have to answer that. Here, Gary I've got one question for you. Gary Brown: Sure. Emmings: Last time you were here you mentioned to me that as far as the truck and trailer rental goes, that you could live with a limit on the number of trucks and trailers. 20 trucks, 4 trailers and no trucks over 26 feet or something like that. Gary Brown: I've got no problem with that at all Steve. 1 1 Planning Commission Meeting January 15, 1992 - Page 2 111 Emmings: Okay, that didn't get in here' and I guess I'll just throw it out for consideration. If some people think there ought to be a limit and the I other thing is if your business expanded and you wanted those limits changed, we could look at it again. But anyway, okay. The reason I'm not going to have the staff address the parking lot across the street. That's II not your property and we're here tonight to talk about your property. I think we all know there's something going on in that parking lot that's not allowed by ordinance. That doesn't mean we should allow that to happen someplace else. So that's the short answer to that and we're not going to 1 talk about it anymore. Gary Brown: That's fine. ' Emmings: Okay. Anything else? Gary Brown: The only other thing I'd like to ask is, on number 3 here it I says that we shall have a letter of credit to be submitted to cover the cost of material installation for a year. Does that mean you're going to I want to hold that letter for a year? Okay. And how much do you ask for that? Olsen: 11O% of the cost. That's typical for what we do with any site improvement. Gary Brown: Okay. I don't think I've got any problem with that. Emmings: Okay. So as far as the conditions go on all three of these items, it's okay with you? Is that right? Gary Brown: Yeah... Emmings: Alright. This is a public hearing. Is there anybody else here that wants to address any of these issues? Is there a motion to close the public hearing? Conrad moved, Ahrens seconded to close the public hearing. All voted in I favor and the motion carried. The public hearing was closed. Ahrens: In practical terms, does it really make that much of a difference I if these, the screening requirement. If he's going to have 20 trucks. What did we talk about? 20 trucks, 4 trailers. Emmings: Maximum yeah. 1 Ahrens: If that's visible to the outside neighborhood and from the street, is that any different from having other kinds of storage visible from the street really? Are we nitpicking here or is this a significant difference? Olsen: We discussed the last time that the truck and trailer, those are actually outdoor storage and how do we treat that. The way that we looked at it was that the ordinance specifically designates truck and trailer rental as a conditional use permit and doesn't require that it has to be completely screened. That other miscellaneous outside storage does and I that's just to be consistent with what we do throughout the other Planning Commission Meeting January 15, 1992 - Page 3 districts. It's a difficult one yeah because...naturally screened. t Ahrens: We're just trying to fit this into our current ordinances? Olsen: Trying to be consistent as best possible. 11 Ahrens: But in practical terms it really didn't make much of a difference. I remember when we went through this last fall. I guess I don't have any, I'm going to go along with the staff recommendation on this. I think that the request is reasonable and the conditions are reasonable. ' Emmings: Okay, Jeff. Farmakes: I'm going to go along with staff on this. I think we've discussed it enough. Emmings: Do you want to get your feet wet? •, Ledvina: Sure. I had a question as to the Phase III. It says here that the outdoor storage will be removed when Phase III is completed. Is there a time line for that? I 'Gary Brown: When we need to put Phase III in. I'm hoping in the next 2 years. We're just constructing our fifth building down there right now so there's room for 3 more buildings. And if things keep going good, yeah... next few years will build out. Ledvina: Okay. Otherwise it looks reasonable. ' - Emmings: Alright, Ladd. Conrad: Everybody's so brief. That's just terrific. My intent at the ' last meeting was to challenge staff and say what does outdoor truck rental look like. And as I read my Minutes, I couldn't tell what I said. But I'm still, truck rental and trailer rental is something that you have outdoors ' and people pass it and it sort of stimulates that's where it is. I guess I kind of thought we were going to look at that to decide if we had the right parameters for truck and trailer rental in terms of our ordinance. And ' based on what the staff report came back and said is, we don't have any guidelines and therefore we're going to, we don't have any guidelines right now. My point last time we talked about this was, should there be? Are we trying to screen truck and trailer rental and I never thought it should be ' personally but we didn't have a reaction from staff on those points and I don't know if we all thought about it but my posture was that if there's a place in Chanhassen for this kind of operation, it's down where Gary has ' his operation. A specific question that I couldn't tell based from the staff report, and JoAnn maybe you can tell me, you've got the truck and trailer rental screened in the southwest corner and that is from a ' neighborhood standpoint? Olsen: From the residences. • ' Conrad: So I guess the question that I pose to the Commission is, that's sort of a token type of thing and I don't know how much, that's not a Commission Meeting 1 Planning g January 15, 1992 - Page 4 i I { significant screening effort is it? What's your perception of what that would take? 1 Olsen: To screen it? Conrad: To screen it on the southwest corner. We're talking evergreens 1 over 6 feet and we're talking 10 evergreens or any idea JoAnn? Olsen: There's some existing landscaping there now. We just wanted them to add to it. It is going to take the evergreens. My intent I don't know that we could possibly have it totally screened, even from the residential side. The way it's located and the fact that it's in the middle of a large open site and the site has just the chainlinked fence at this time. 5o the, existing conditions really kind of limit how far we can go. • Conrad: So we screened it to a degree from the one or two neighbors. There' aren't many neighbors down there. Residences but still, and then one happens to be one of the owners. Gary Brown: I was going to say. The part that we're screening is where my' partner lives. Conrad: He could sell his house. 1 1 Gary Brown: I guess now that we talked about this, it kind of refreshes my k memory too. I would like to ask one thing. When we planted all the ' evergreens the first time, we planted I don't know a dozen or 15 six footers which we were able to save one out of all. We planted 50 or 60 -3 footers and we never lost one. 1 Emmings: What year? Gary Brown: We put them in 1987. 1 Emmings: So that was the dry years, '87 and '88 that you had the problems? Gary Brown: Yeah, we replanted a couple of the 6 footers the following II year. We couldn't keep enough water for them because it's all sand down there. 1 Emmings: Yeah. We talked about that last time you were here. Gary Brown: Yeah. We'll do our best to make them grow but we could have al little problem there making those 6 footers. Ahrens: I think we should be more flexible. I Emmings: Yeah. Gary Brown: 3 footers I know we can make grow. , Emmings: Well and this doesn't s It specifies that you have to have a landscaping plan that's acceptable and I guess if you make that II point at the time you make your landscaping plan, I think people will be 1 Planning Commission Meeting January 15, 1992 - Page 5 reasonable about that. If you had luck with that soil with 3 footers and ' not 6 footers, it's kind of dumb to have you plant 6 footers. But anyway, go ahead Ladd. • 1 Conrad: Is our posture in the city that if you have a truck rental or trailer rental operation, that it should be screened? Is that what we're going to do with a car lot? We'll screen the cars? When a new dealership I comes into town, same thing. They're selling cars. Primarily they're going to be inside, if there is one coming in. I don't really know if that's happening anymore. Same operation. I guess it's a little bit dissimilar but is our posture to screen? Emmings: Isn't it to screen to the extent necessary depending on the site? Isn't that what we're doing here? That's what I thought. Conrad: I think the policy to screen from the neighborhood is just absolutely right on. Even though it's one of the owners, I think if we do ' a little bit of screening, I think that makes a lot of sense. My question is, right now in general, and it doesn't really pertain specifically. Well, in general what's our philosophy on screening truck and trailer rentals? The ordinance says screen them all the way around. ' Emmings: No it doesn't. Olsen: That's outdoor. Conrad: Well you classified this as outdoor storage though. 1 Emmings: No. No we're not. Ahrens: No. That's what I don't understand. 1 Emmings: I think what we're saying here is this is more like a retail service. 1 Conrad: Right. It should be. Emmings: It's not like, even though you're storing big items, this is not ' outdoor storage. It's a retail service and since it's a conditional use, we're always going to have an opportunity to look at it and screen it to the extent that's necessary depending on the site. That's the way I'm ' looking at it. Now I don't know if that makes sense. It's a pretty fine line between a truck as some kind of retail service.. ' Conrad: But wouldn't you want to have an ordinance that would tell you how to treat truck and trailer rental in terms of. Farmakes: How's it any different than a new car parking lot? New car lot. 1 Conrad: Jeff, yeah. I don't know. ' Emmings: Here's the thing though. If we've got, if we know there's going to be some screening associated with these when they come in as a conditional use. Now we're back to our old.'argument that we get into every 1 Planning Commission Meeting January 15, 1992 - Page 6 time. Some people want things very specific and itemized in the Statute and some of us like them very vague so we can deal with the problem that arises. I always tend to like the vague better. That's why I want a principle. Principle is, if you're going to have this kind of retail service and we're not going to call it outdoor storage and not make you completely screen it, then I want to have the ability to tell you how much II you've got to screen it depending on the site. - Conrad: So you don't like standards associated with truck and trailer 1 rental? Emmings: Yeah. 1 Conrad: There are no standards? Emmings: The standard is, it's a conditional use and it's going to be screened to some extent but the extent will depend on the site. That's the way I like it. If you've got residential all around you, well you're I probably not going to be able to have it at all but if you did across the road or whatever, we might want to screen that completely, at least on 3 sides. But I think down where Gary is, it just doesn't matter that much. I think it's a good idea to beef up the screening a little bit. Just on general principles but I don't think you have to do anymore than that. Conrad: I think the staff report for this particular application is acceptable. Emmings: Are you afraid it's going to limit us in the future? Conrad: It's just sort of willy nilly. Emmings: Maybe it's site dependent. 1 Conrad: I don't know. Why? Retail stores are not, they have standards for retail, commercial. Here's another application for a retail use. Emmings: Where else can we have truck and trailer rental? Olsen: I think it's just the BF. 1 Emmings: BF. Paul Krauss: It also must be the BG. In fact Market Square, when they go 1 over, they're going to be bringing their rental but it's conditioned in the PUD agreement that it be in a masonry enclosure behind the building. 111 • Emmings: What? • Paul Krauss: The rental business. • 1 Conrad: So we have no ordinance, no standards that might govern something that's happening down the block? 1 1 Planning Commission Meeting January 15, 1992 - Page 7 Paul Krauss: If I could interject something. I think Comissioner Ladd has a point. We have a number of conditional use permits that ideally when you review a conditional use permit, you want to review it against some kind of coherent standard and then when you flip the ordinance to refer to a standard it's blank. And you just have the mom and apple pie stuff and the general guidelines to go by. All the conditional use permits that we've, we haven't done that many but the IUP's and CUP's that we've done over the ' last couple of years have very specific standards attached to them. That would be my preference in the future. Yes, we do exercise control in the site plan too. We sure do. ' Emmings: If you could write a standard for a truck and trailer rental service dealing with screening, what would you say? ' Conrad: Generally they could be very ugly and generally. Emmings: Screen as appropriate depending on the site and can't we do that ' now? Conrad: I don't know. 1 Ahrens: Isn't that what it is now? Conrad: Yeah. ' Emmings: I'm comfortable with that but I don't think you are. But I don't know how else you'd say it. ' Ahrens: We either have to go with total screening. Conrad: You could have 'different landscaping requirements. You can have ' minimums. You know you're talking about minimums and maximums or how many trucks that could be parked in one spot. I think there are some things that might be different than we're used to. I guess what I'd like to do, again I think what the staff has designed here Gary is probably appropriate for your facility. I don't think it's detrimental to your operation financially as I looked at it. I think it's probably some common sense stuff so I think to get off the dying here, I think what I'd like to do or ' I agree with the staff report but I would like to have the Planning Commission spend a few seconds one night discussing whether we should take a look at any kind of guidelines for truck and trailer rental later on. Emmings: Why don't we just do that. ' Krauss: Add it to the list? Emmings: Yeah. I think we should. If it causes us to talk about it this much, than it's worth talking about it and getting it settled. Conrad: Everybody else was so brief, I had to. ' Emmings: I don't have anything more to add. I would like, under the truck and trailer rental thing, to put down a fourth condition. That there will be no more than 20 trucks or 4 trailers and no trucks exceeding 26 feet as 1 • Planning Commission Meeting January 15, 1992 - Page 8 1 a condition of that approval. Otherwise I don't have anything else. ' Conrad: And you like that because why? Just because if the operation expanded you'd like to take another look at it? Emmings: Yeah. And we might want to do more screening then. If it's going to be bigger. Size changes the character of things to me. This is something kind of new to me and I feel more comfortable having some kind of a limit. I don't even know if it's a reasonable limit but it's not going to cramp his style, it gives us some kind of a limit so it doesn't become trucks from one end to the other. Alright, is there any more discussion on, this? If not, is there a motion? Ahrens: I'll move that the Planning Commission recommend approval of Conditional Use Permit #87 -2 for the rental of trucks and trailers with the' conditions listed in the staff report plus a condition number 4 limiting the trucks to 20 and trailers to 4 and that no trucks be larger than 26 feet. Is that what you said Steve? Emmings: Yeah. I'll second it. Is there any discussion on this one? Conrad: Joan, you mentioned you didn't like the 6 foot high evergreens. 1 You're leaving that in? Ahrens: Well it says a landscaping plan acceptable to the Planning Commission. I assume that you're not going to hold him to the 6 feet? Olsen: It's still in condition number 1 but we should... ' Ahrens: Oh I see. Yeah, I'd go along with taking that out. Do you want to just say a landscape screen with evergreens? Okay, anything else on this? Ahrens moved, Emmings seconded that the Planning Commission recommend approval of Conditional Use Permit #87 -2 for the rental of trucks and trailers with the following conditions: 1. The applicant shall provide a landscaped screen with evergreens along the fence line at the southwest corner of the site. 2. The storage of the trucks and trailers shall be confined to the area as shown on the site plan and the area shall have a gravel surface. ' 3. The applicant shall provide a landscaping plan acceptable to the Planning Commission and a letter of credit shall be submitted to cover I the cost of material installation and one year warranty. 4. There shall be no more than 20 trucks and 4 trailers and no trucks can exceed 26 feet in length. r All voted in favor and the motion carried. Emmings: We'll go onto the Zoning Ordinance Amendment. Is there a motion ?, 1 Planning Commission Meeting I! January 15, 1992 - Page 9 Ahrens: I'll move that the Planning Commission recommend the approval of 1 Zoning Ordinance Amendment #92 -1 to add Article. XX, BF, Fringe Business District, the following to Section 2( -775, Interim Uses as it reads in the staff report. Conrad: I'll second that. Emmings: Okay. Also under that on Joan there's an amendment to Division 4. You're moving for everything that's in the staff report there under that recommendation? 1 Ahrens: As Steve says. Emmings: Well I'll second that. 1 Ahrens moved, Conrad seconded that the Planning Commission recommend approval of Zoning Ordinance Amendment #92 -1 to add Article XX, BF, Fringe ' Business District, the following to Section 20 -775, Interim Uses: (3) Screened outdoor storage. 1 'Amend Division 4, Standards for Business, Office, Institutional and Industrial Districts by adding the following: 1 Section 20 -294. Screened outdoor storage. The following applies to screened outdoor storage: II - (1) All outdoor storage must be completely screened with 100% opaque fence or landscaped screen. All voted in favor and the motion carried. Emmings: One more item here and that's the Interim Use Permit for screened ' outdoor storage. Is there a motion? Conrad: I move the Planning Commission recommend approval of the Interim Use Permit #92 -1 to permit outdoor storage with the conditions as listed on the staff report. Emmings: I'll second it. Any discussion? 1 Conrad moved, Emmings seconded that the Planning Commission recommend approval of Interim Use Permit #92 -1 to permit outdoor storage with the ' following conditions: 1. The outdoor storage shall be completely screened by a 100% opaque fence or landscaped screen. 2. The area for screened outdoor storage shall be improved with a gravel surface. 1 3. The outdoor storage will be removed from the site upon completion of phase 3 of the mini - storage facility. 1 • 1 Planning Commission Meeting January 15, 1992 - Page 10 1 4. The applicant shall provide a landscaping plan acceptable to the 1 Planning Commission and a letter of credit shall be submitted to cover the cost of material installation and one year warranty. All voted in favor and the motion carried. Emmings: This goes to City Council on February 10th. 1 ZONING ORDINANCE AMENDMENT CONCERNING NON-CONFORMING RECREATIONAL BEACHLOTS AND TO RECEIVE A NON- CONFORMING USE PERMIT. Kate Aanenson presented the staff report on this item. Emmings: This is not a public hearing or was there a public hearing on this before? Aanenson: You had the public hearing and the hearing was closed. Just the ordinance itself, the passage was tabled. Emmings: Alright and now though you're recommending this alternative ordinance and was there ever a public, is this the first time this has come) before us? I missed the last meeting. Krauss: No, it was published and had a public hearing that you opened in 1 December I think it was. Aanenson: December 4th, yes. Krauss: The alternative is a modification of the original. The public notice would be no different. We also did take great pains to notify everybody. We sent copies of both ordinances to all homeowners associations. Emmings: Okay. So the only difference between the one that you're recommending now and the one that was on the table before is using 1991 as 1 a baseline instead of 1982? Aanenson: Correct. 1 Emmings: That shouldn't hurt anybody. That will make them happier than anything I assume. 1 Krauss: We should also add Commissioner Emmings that we did make a lot of modifications to the ordinance itself based upon comments we received but that's in either alternative. • Emmings: Okay. I was wondering if there were any, do you feel that you have to do the same thing for each beachlot? They're all going to have to I have a baseline of the same year? Krauss: Yeah, I think equity demands that you do. 1 Ahrens: What were you thinking? 1