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1c CUP 2003-17 Contractor YardCITYOF CHANHASSEN 7700 Market Bo Jievard PO Box ~4/ C ~anhassen MN 55317 Administration Ph.,~e 952 227 1100 Fax 95272Z 1110 P~or( 952227 !180 Fax 9522271~90 Engineering Fax 952 2271170 Finance Pr'x(; 9522271140 Fax: 952 2271110 Park & Recreation Ph'~pe: 952 2271120 Fax 952 2271110 Receation Qenter 2310 Cou ',er Boulevard Phone 952 227 !400 Fax 9522271404 Planning a Natural Resources Phone: 9522271130 Fax 9522271110 Public Works 1591 Park Road Phone 952 2271300 Fax 9522271310 Senior Center Ph:'le ~52 227 1!25 Fax .52227 1110 Web $ile MEMORANDUM TO: Todd Gerhardt, City Manager FROM: DATE: Sharmeen A1-Jaff, Senior Planner ~ . December 8, 2003 SUB J: Conditional Use Permit #2003-7 for a Contractor's Yard to Occupy 12,080 Square Feet of an Office/Warehouse Building. EXECUTIVE SUMMARY The applicant is requesting a conditional use permit for a contractor's yard to occupy 12,080 square feet of an office/warehouse building that has a total area of 28,821 square feet. ACTION REQUIRED City Council approval requires a majority vote of City Council present. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on November 18, 2003, to review the proposed development. The Planning Commission voted unanimously to recommend the City Council approve the application. The summary and verbatim minutes are contained in item la of this City Council packet. RECOMMENDATION Staff recommends adoption of the motion approving Conditional Use Permit #2003-7 as specified in the staff report dated December 8, 2003. ATTACHMENTS Staff Report Dated December 8, 2003. The City 0f Chanhassen · A ,;r(;,~l:Ig r;r ~' jnl ? ¢,, ~'; :I('1:1 idk:5 i l:: ', ;( l;, ;;:' CITY OF PC DATE: November 18, 2003 CC DATE: December 8, 2003 REVIEW DEADLINE: 1/30/04 CASE #: 2003-7 CUP By: A1-Jaff:v Z STAFF REPORT PROPOSAL: LOCATION: APPLICANT: Conditional Use Permit for a Contractor's Yard to occupy 12,080 sq. ft. of an Office/Warehouse Building. Lot 8, Block 1, Chanhassen Lakes Business Park 7th Addition, northeast comer of Lake Drive West and Upland Circle. Beniek Property Services, Inc. P.O. Box 129 Chanhassen, MN 55317 Brian Beniek (612)366-2233 Chan Lakes Condo, IJ.C/Eden Trace 8156 Mallory Court Chanhassen, MN 55317 Mark Undestad (952)361-0722 Itl PRESENT ZONING: IOP, Industrial Office Park ACREAGE: 2.26 acres DENSITY: NA 2020 LAND USE PLAN: Office Industrial SUMMARY OF REQUEST: The applicant is requesting a conditional use permit for a contractor's yard to occupy 12,080 square feet of an office warehouse building that has a total area of 28,821 square feet. Notice of this public heating has been mailed to all property owners within 500 feet. LEVEL OF 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 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. Lot 8, Block 1 Chanhassen Lakes Business Park 7th Addition Rd Dr Burlw, Dr Rosewoo( Powers Pla( Beniek Property Services, Inc. Nc,:'cm~cr !8 December 8, 2003 Page 2 BACKGROUND On March 12, 2001, the City Council approved Site Plan 2001-2 for a 28,821 square foot office warehouse building to be located on Lot 8, Block 1, Chanhassen Lakes Business Park 7th Addition, as shown on the plans dated received January 19, 2001, subject to conditions. On September 11, 2003, staff signed off on a building permit for the subject site with the understanding that this was an office/warehouse type tenant. Mr. Beniek, owner of a business that deals with mowing/upkeep of lawns in the summer and snow removal in the winter, is requesting approval to occupy a portion of the building. Under the zoning ordinance, such operation qualifies as a contractor's yard and requires a conditional use permit in the IOP district. PROPOSAL SUMMARY The applicant is requesting a conditional use permit for a contractor's yard to occupy the easterly 12,080 square feet of an office/warehouse building, and a 2,971 square foot enclosed/screened outdoor storage area. The zoning ordinance defines contractor's yard as, "any area of use of land where vehicles, equipment, and/or construction materials and supplies commonly used by building, excavation, roadway construction, landscaping and similar contractors are stored or serviced. A contractor's yard includes both areas of outdoor storage and areas confined within a completely enclosed building used in conjunction with a contractor's business." Mr. Beniek operates a business that qualifies as a contractor's yard. Such use is permitted as a conditional use in the Industrial Office Park District. The office/warehouse building is currently under construction and is located on Lot 8, Block 1, Chanhassen Lakes Business Park 7th Addition. The site is zoned IOP, Industrial Office Park. A contractor's yard is a conditional use in the lOP District. The site is bordered by Lake Drive West to the south and Upland Circle to the west. Access to the site is gained via a shared driveway off of Upland Circle. The lot area of the contractor's yard site and office building is 2.26 acres. The proposed area of the contractor's yard is 12,080 square feet of indoor space and 2,971 square feet of outdoor screened storage area. The space will be used to house equipment associated with the business. All equipment is proposed to be located within the building. There is an entrance/sliding door that was added along the northeast elevation to accommodate this business. In summary, with the incorporation of staff recommendations, the proposed conditional use permit meets ordinance requirements, and staff is recommending approval subject to the conditions outlined in the staff report. Beniek Property Services, Inc. Nc. vcmbcr 18 December 8, 2003 Page 3 CONDITIONAL USE PERMIT Contractor's Yards are permitted in the lOP District as a conditional use. The following constitutes staff's review of this proposal against conditional use permit standards. GENERAL ISSUANCE STANDARDS Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or city. FINDING - The site is zoned lOP. The proposed use will not create any significant or unexpected impacts from this operation. e Will be consistent with the objectives of the city's comprehensive plan and this chapter. FINDING - The proposed use is consistent with the City's Comprehensive Plan. The city approved a site plan for the site without variances and found that it is in compliance with the zoning ordinance requirements. The proposed use is specifically permitted in the lOP District. Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. FINDING - The site is located north of a collector road. It is in the industrial district and as such, a contractor's yard is fully consistent with this site. All equipment associated with the business will be stored indoors. Architectural standards required by the site plan requirements are being adhered to. 4. Will not be hazardous or disturbing to existing or planned neighboring uses. FINDING - There will be no measurable impacts to the existing or planned neighboring uses. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. Beniek Property Services, Inc. N~:'cmber Ig December 8, 2003 Page 4 FINDING - Full city services are available to this site. Roads serving the site are fully capable of handling the access needs of this proposal. e Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. FINDING - Staff is not aware of any excessive requirements for public facilities. The landscape and snow removal business is a good auxiliary use within the industrial park. e Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. FINDING - This site will not create adverse impacts to persons, property or the general welfare of the area. Hours of operation, orientation of the building, and lighting standards will comply with city ordinances. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. FINDING - The site is accessible from a collector street designed to commercial standards. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. FINDING - The development of this site will not result in the loss of any features of major significance. 10. Will be aesthetically compatible with the area. FINDING - The site plan is well designed and is under construction. All equipment will be stored inside the building. There will not be any visible signs of a contractor's yard. 11. Will not depreciate surrounding property values. FINDING - The site is being used for a contractor's yard-type of operation which is consistent with its designation. It will not depreciate surrounding property values. Beniek Property Services, Inc. Ne, rcmbcr 18 December 8, 2003 Page 5 12. Will meet standards prescribed for certain uses as provided in this article. FINDING - Staff has drafted standards for contractors yards. These standards have not yet been adopted; however, the applicant complied with them. They are as follows: a. Equipment and supply storage must be screened or enclosed. Screening shall comply with Buffer Yard D and F4 Fencing as specified in this chapter. Finding- The applicant intends to store all supplies inside the building. There is one outdoor storage area that is screened by an "L" shaped wall. Externally, this wall is a continuation of the building and will be 9.4 feet high. This wing wall is a superior alternative to wooden fencing. The wing wall acts to enclose the storage area, and therefore screened storage is not required, which in turn would eliminate the need for a Buffer Yard D. In this case, staff questions the need for that high level of vegetation. Since the wall is an extension of the building, the landscaping which was approved as part of the site plan, will be adequate. Ordinance Ordinance Proposed Buffer Yard B Buffer Yard D East property line Buffer yard B - 10' width 2 overstory 4 understory 8 shrubs 6 overstory 12 understory 18 shrubs 2 overstory 6 understory > 8 shrubs Staff would support a type D buffer yard if the fence was a wooden fence; however, this instance is unique. b. Vehicles/Equipment shall be stored within an enclosed or screened area. Finding- The equipment will be stored inside the building. There is an outdoor area that is fully screened, located along the northeast corner of the property. c. No unlicensed or inoperable vehicle/equipment shall be stored on premises. Finding- None are proposed. d. All chemicals shall be stored in proper storage facilities, specified by OSHA regulations. Finding- This requirement will be added as a condition of approval. e. The contractor shall be Licensed, Bonded and Insured CITY OF CHANHASSEN 7700 MARKET BOULEVARD CHANHASSEN, MN 55317 (952) 227-1100 DEVELOPMENT REVIEW APPLICATION APPLICANT: ADDRESS: TELEPHONE (Daytime) __ Comprehensive Plan Amendment ~'. Conditional Use Permit Interim Use Permit __ Non-conforming Use Permit __ Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review* Subdivision* __ Temporary Sales Permit Vacation of ROW/Easements Variance Wetland Alteration Permit __ Zoning Appeal Zoning Ordinance Amendment __ Notification Sign X __ Escrow for Filing Fees/Attorney Cost** ($50 CUPISPRIVACNARIW APIMetes and Bounds, $400 Minor SUB) TOTAL FEE $ A list of all property owners within 500 feet of the boundaries of the property must be included with the application. Building material samples must be submitted with site plan reviews. *Twenty-six full size folded copies of the plans must be submitted, including an 8Y2" X 11" reduced copy for each plan sheet. ** Escrow will be required for other applications through the development contract NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME LOCATION LEGAL DESCRIPTION [_LC TOTAL ACREAGE_ 0~.2-~2 WETLANDS PRESENT PRESENT ZONING YES X NO REQUESTED ZONING PRESENT LAND USE DESIGNATION REQUESTED LAND USE DESIGNATION REASON FOR THIS REQUEST ~ r~f',r a.J¢~ This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. The city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day extension for development review. Development review shall be completed within 120 days unless additional review extensio?~ are approved by the applicant. '" · /,'¢"/o_¢. _ Sig~a~~ant Date nature of Fee Owner Date Application Received on ..... , ~ ~ ~ Fee Paid i ~ , ,; ,, Receipt No. ¢ ? , The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant's address. City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 Please Return Plans to Sharmeen. Thanks! CITYOF Date: 10/29/2003 To: Development Plan Referral Agencies From: Planning Department By: Sharmeen A1-Jaff, Senior Planner (952-227-1134) Subject: Request for a Conditional Use Permit to Allow a Contractor's Yard within an Industrial Office Park Located at the Northeast Intersection of Lake Drive West and Upland Circle, Lot 8, Block 1, Chanhassen Lakes Business Park 7th Addition Planning Case: CUP 2003-7 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on October 17, 2003. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on November 18, 2003, at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than Wednesday, November 5. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official f. Water Resources Coordinator g. Forester 2. Watershed District Engineer 8. Telephone Company (US West or United) 9. Electric Company (NSP or MN Valley) 10. Triax Cable System 11. U. S. Fish and Wildlife 3. Soil Conservation Service 4. MN Dept. of Transportation 12. Carver County a. Engineer b. Environmental Services 5. U.S. Army Corps of Engineers 13. Other- 6. Minnegasco 14. 7. MN Dept. of Natural Resources CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) SS. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on November 5, 2003, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of A Conditional Use Permit to allow a contractor's yard within an Industrial Office Park; Lot 8, Block 1 Chanhassen Lakes Business Park 7th to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. - \c~-,~ .... :'" ~., ~.,',,, ~' [~_.,~..~..r/ Katen J. Engelhal'dt,- Depaty Clerk Subscribed and sworn to before me this __ day of ., 2003. Notary Public g:\cng\forms\affidavit.doc NOTICE OF PUBLIC HEARING CHANHASSEN PLANNING COMMISSION MEETING TUESDAY, NOVEMBER 18, 2003 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 7700 MARKET BLVD. PROPOSAL: Conditional Use Permit to allow a contractor's yard within an Industrial Office Park APPLICANT: Beniek Property Services LOCATION: Lot 8, Block 1 Chanhassen Lakes Business Park 7th Addition NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Beniek Property Services, is requesting a conditional use permit to allow a contractor's yard within an Industrial Office Park located at the northeast intersection of Lake Drive West and Upland Circle, Lot 8, Block 1, Chanhassen Lakes Business Park 7th Addition. What Happens at the Meeting: The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Sharmeen at 227-1134 or e-mail saljaff@ci.chanhassen.mn.us. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. Notice of this public hearing has been published in the Chanhassen Villager on November 6, 2003. NOTICE OF PUBLIC HEARING PROPOSED CONDITIONAL USE PERMIT CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, November 18, 2003, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider the application of Beniek Property Services, requesting a conditional use permit to allow a contractor's yard within an Industrial Office Park located at the northeast intersection of Lake Drive West and Upland Circle, Lot 8, Block 1, Chanhassen Lakes Business Park 7th Addition. A plan showing the location of the proposal is available for public review at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Sharmeen A1-Jaff, Senior Planner Phone: 952-227-1134 (Publish in the Chanhassen Villager on November 6, 2003) ANDREAS DEVELOPMENT CO LLC 7525 MITCHELL RD SUITE 110 EDEN PRAIRIE MN 55347-1959 CITY OF CHANHASSEN C/O BRUCE DEJONG 7700 MARKET BLVD PO BOX 147 CHANHASSEN MN 55317-0147 DATALINK CORP 8170 UPLAND CIR CHANHASSEN MN 55317-9625 HOYT/DTLK LLC 708 3RD ST S SUITE 108 MINNEAPOLIS MN 55415-1141 L38 LLP 8156 MALLORY CT CHANHASSEN MN 55317-8586 LAKE SUSAN HILLS 7600 PARKLAWN AVE SUITE 200 MINNEAPOLIS MN 55435-5128 MCROI LLC C/O ROISUM ELITE FOOD SERVICE 1400 LAKE DR W CHANHASSEN MN 55317-8518 POWERS RIDGE II LLC 7600 PARKLAWN AVE S SUITE 200 MINNEAPOLIS MN 55435-5174 POWERS RIDGE LLC 7600 PARKLAWN AVE SUITE 200 EDINA MN 55435-5174 STEVEN ROBERT SHIPLEY & JILL LOUISE SHIPLEY LLC 261 EASTWOOD CT CHANHASSEN MN 55317-8683 TRADEN LLC C/O MARK UNDESTAD 8156 MALLORY CT CHANHASSEN MN 55317-8586 RICH SLAGLE 7411 FAWN HILL ROAD CHANHASSEN MN 55317 CITYOF CHAN EN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www. ci.chanhassen.mn.us October 3, 2003 Mr. Brian Beniek Beniek Property Services, Inc. P. O. Box 129 Chanhassen, MN 55317 Re: Conditional Use Permit Request 2003-7 Dear Mr. Beniek: The city will be unable to complet~ the development review process within 60 days of the original submittal (submitted October 1, 2003). We are therefore notifying you that the city will be taking up to an additional 60 days to complete the development review for the project, which would extend the review period to. The project has been scheduled for review by the Planning Commission on November 18, 2003. If you have any questions, please contact me at (952) 227- 1139. Sincerely, Kathryn R. Aanenson Community Development Director The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, lhriving businesses, winding trails, and beautiful parks. A gmat place to live, work, and play.