09-23-24 CC packet itemCity Council Item
September 23, 2024
Item Approve a Conditional Use Permit for a Contracting Yard at 1591 Park Road.
File No.Planning Case #24-09 Item No: D.10
Agenda Section CONSENT AGENDA
Prepared By Rachel Arsenault, Associate Planner
Reviewed By Eric Maass
SUGGESTED ACTION
"The Chanhassen City Council approves the requested conditional use permit for a contracting yard
subject to the conditions of approval and adoption of the Findings of Fact and Recommendation."
Motion Type Simple Majority Vote of members present
Strategic
Priority Development & Redevelopment
SUMMARY
The property owner is requesting approval of a conditional use permit for the operation of a contracting
yard on the property located at 1591 Park Road.
BACKGROUND
Historically, this property was the public works building for the City of Chanhassen. The property is
currently being rented to two businesses, one of which is using a portion of the site as a contractor's
yard. A contractor's yard is a Conditional Use within the property's zoning district, and as a result, the
owner is pursuing a conditional use permit to bring the current tenant operations into conformance.
DISCUSSION
The Planning Commission held a public hearing on September 17th. The meeting minutes for the
September 17th Planning Commission meeting were not yet available as of the publishing of this
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meeting packet and as a result a summary of the comments are provided below:
- No public comment received during the public hearing.
BUDGET
RECOMMENDATION
The Planning Commission recommends approval of the requested conditional use permit for a
contracting yard subject to the conditions of approval and adoption of the Findings of Fact and
Recommendation.
ATTACHMENTS
Land Use Application Narrative
Land Use Application
CUP Civil Design Plan Set
Staff Report - Planning
Staff Report - Water Resources
1591 Park Road Inspection Report
CUP 24-09 Findings of Fact
Conditional Use Permit 24-09
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STATEMENT OF COMPLIANCE
Our request for a Contracting Yard Conditional Use Permit (CUP) is submitted to be in compliance of the 5 CUP
standards as noted in Section 20-289 of the city zoning code and the 12 general standards for a CUP.
Beniek Property Services, Inc (BPS), is an outdoor maintenance company. We are deeply rooted in the community.
Brian Beniek, the president, and owner was born and raised in Chanhassen. As the business he created has grown
over the decades he’s rented several properties throughout Chanhassen. Since 2003 we have been operating out of
rented space from B&C Land Company, LLC, located at 8229 Upland Cir., Chanhassen MN 55317-You may refer to
CUP #03-07, Contractor’s Yard.
For the last 12 years Beniek Property Services (BPS) has used the site as an extension of its current operation. BPS
intends to continue to use the outdoor storage space at 1591 Park Rd for overflow storage. We currently store off -
season equipment such as lawn trailers and pushers for payloaders – most of this equipment sits behind and west
side of the southeast building. We are using the hoop shed located on the south of the property to store salt for our
winter operations. On the southwest area of the property, we are storing landscape materials including mulch,
black dirt, rock/boulders, etc. in bunkers on site. We also use this space for the staging of brush piles and tree
stumps until the pile can be chipped and items can be hauled off site for disposal. Employee traffic in and out of
the space is minimal. On average there may be 2 to 3 vehicles throughout the day, picking up or dropping off
supplies or equipment.
BPS is designated just over an acre of land for the Contractor Yard CUP. The contractor yard is located in the
southwest portion of the property and extends east to encompass the hoop building and a portion of the southeast
building as our tenant space. (See attached Exhibits). A shared cross-access driving agreement will be created to
provide access to Park Road.
There are no proposed changes to the current site or buildings. The area of the proposed contractor yard has been
operating as a storage facility since 2006, going back to the city utilizing the site for its public works operations.
There is an existing stormwater pond in the southwest corner of the property outside of the designated contractor
yard area. Erosion control fencing has been installed to prevent soil from the contractor yard from entering the
pond and until a more permanent solution is developed with the property owner.
The site is naturally screened from public view due to its location and separation from other uses. The contractor
yard operates in the south portion of the site behind the main building , which screens the operation from Park
Road. To the south the yard abuts a railroad with the closest building approximately 325 feet from the site. The
building faces away from the yard with the closest public street being approximately 700 feet to the south. The
contractor yard lies approximately 150 feet from Audubon Road to the west. The yard is separated from public
views of vehicles using Audubon Road by existing trees and a topographical change that restricts direct views of
the yard. The east side of the contractor yard is approximately 120 feet from the east lot line. The east lot abuts the
side yard of an industrial site that has minimal views toward the yard and is screened by an opaque covered chain
link fence plus several trees along the southeast corner of the property.
This space has been very important to us in operating our business as well as the community. We serve many local
businesses as well as several local hospitals and clinics and multiple public and school transportation depots. We
look forward to continuing operations from this site to best support our customers and surrounding communities.
Beniek Property Services.
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2331708.09.24_LBTGCONTRACTORS YARD EXHIBIT1591 PARK ROADCHANHASSEN, MINNESOTAPROJECT No.DATE:REVISED:DRAFTER:REVIEWER:engineering, inc.mooreNWES30Scale in Feet0FILE LOCATION: R:\Projects\23000\23300\23317\CIVIL\PRESENTATION\23317_ProposedConditions.dwg
LEGENDAREAS:KEYNOTES232
PROJECT No.
DATE:
REVISED:
DRAFTER:
REVIEWER:
23317
06.17.24
_
LFB
###
EXISTING CONDITIONS
1591 PARK ROAD
CHANHASSEN, MINNESOTA engineering, inc.
mooreFILE LOCATION: R:\Projects\23000\23300\23317\CIVIL\PRESENTATION\23317_ExistingConditions.dwgN
W E
S
Scale in Feet
0 40
LEGEND
AREAS:
233
2331708.09.24_LBTGDRAINAGE EXHIBIT1591 PARK ROADCHANHASSEN, MINNESOTAPROJECT No.DATE:REVISED:DRAFTER:REVIEWER:engineering, inc.mooreNWES30Scale in Feet0FILE LOCATION: R:\Projects\23000\23300\23317\CIVIL\PRESENTATION\23317_ProposedConditions.dwg
LEGENDKEYNOTES234
Applicaon: Condional Use Permit for Contractors Yard to be lo cated at 1591 Park Road
Planning Commission Review Date: September 17, 2024
City Council Review Date: September 23, 2024
60 Day Acon Deadline: October 7, 2024
Case #: 24-09
Project Address: 1591 Park Road
Draed By: Rachel Arsenault
Staff Report Date: September 11, 2024
Summary of Request: The property owner is requesng a condional use pe rmit for a
contracng yard to be permi,ed on the property loca ted at 1591 Park Road.
LOCATION: 1591 Park Road
PROPOSED MOTION:
“The Chanhassen Planning Commission recommends approval of the requested conditional
use permit for a contracting yard subject to the conditions of approval and adoption of the
Findings of Fact and Recommendation.”
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OWNER: Tiger Investors LLC
ZONING DISTRICT: Industrial Office Park (IOP)
2040 LAND USE: Office Industrial
ACREAGE: 5.27 Acres
LEVEL OF CITY DISCRETION IN DECISION MAKING:
The city has limited discretion in approving or denying Conditional Use Permits, based on
whether or not the proposal meets the conditional use permit standards outlined in the Zoning
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.
Noce of this public hearing has been mailed to all property owners within a quarter mile.
APPLICABLE REGULATIONS:
Chapter 20, Article 20-IV Conditional Uses
Chapter 20 Article 20-XXII "IOP" Industrial Office Park
BACKGROUND
Historically this property was the public works building for the city of Chanhassen. The property
currently has a landscaping company as a tenant which uses the property in part as a
Contractors Yard. The Property Owner and landscaping company were made aware that a
Condional Use Permit (CUP) is required in order to operate a contractor’s yard at the property.
As a result, the property owner is pursuing a condional use permit to bring the property into
compliance.
EXISTING CONDITIONS:
The property currently has two tenants: automove r epair and a landscaping contractor
business. The property currently has two buildings constructed on it as well as a hoop house for
salt storage, and concrete storage bins for organizaon of various landscaping materials.
SITE PLAN:
The Applicant is proposing to repave the area proposed to be ulized as a contractor’s yard as
the pavement is currently in poor condion. In addi on, the paved area will be confined with
curbing to properly direct the stormwater. The southwest poron of the property is proposed to
be remediated back into pervious ground cover and landscaped which will reduce the amount
of stormwater generated and required to be treated by the site.
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CONDITIONAL USE PERMIT CODE:
Sec 20-232 General Issuance Standards
The planning commission shall recommend a condiona l use permit and the council shall issue
such condional use permits only if it finds that such use at the proposed locaon:
a) Will not be detrimental to or endanger the public health, safety, comfort, convenience,
or general welfare of the neighborhood or the city.
b) Will be consistent with the objecves of the city's comprehensive plan and this chapter.
c) Will be designed, constructed, operated, and maintained so to be compable in
appearance with the exisng or intended character o f the general vicinity and will not
change the essenal character of that area.
d) Will not be hazardous or disturbing to exisng or p lanned neighboring uses.
e) Will be served adequately by essenal public facili es and services, including streets,
police and fire protecon, drainage structures, refuse disposal, water and sewer
systems, and schools; or will be served adequately by such facilies and services
provided by the persons or agencies responsible for the establishment of the proposed
use.
f) Will not create excessive requirements for public facilies and services and will not be
detrimental to the economic welfare of the community.
g) Will not involve uses, acvies, processes, materia ls, equipment, and condions of
operaon that will be detrimental to any persons, p roperty, or the general welfare due
to excessive producon of traffic, noise, smoke, fumes, glare, odors, rodents, or trash.
h) Will have vehicular approaches to the property which do not create traffic congeson or
interfere with traffic or surrounding public thoroughfares.
i) Will not result in the destrucon, loss or damage o f solar access, natural, scenic or
historic features of major significance.
j) Will be aesthecally compable with the area.
k) Will not depreciate surrounding property values.
l) Will meet standards prescribed for certain uses as provided in this arcle.
(Ord. No. 80, Art. III, § 2(3-2-3), 12-15-86; Ord. No. 377, § 23, 5-24-04)
The proposed contracng yard complies with the stan dards required for contracng yards in
City Code.
Sec 20-289 Contracng Yard
1. Equipment and supply storage must be screened or enclosed. Screening shall comply
with buffer yard D and F4 fencing as specified in this chapter.
2. Vehicles/equipment shall be stored within an enclosed or screened area.
3. No unlicensed or inoperable vehicle/equipment shall be stored on-premises.
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4. All chemicals shall be stored in proper storage facilies, specified by OSHA regulaons.
5. The contractor shall be licensed, bonded and insured.
(Ord. No. 377, § 27, 5-24-04)
LANDSCAPING
This property requires year-round screening, accomplished through a fence or coniferous trees.
The southern property line is sufficiently screened from view with thick tree planngs, the east
property line is screened using fencing, and the north is screened by the building and addional
landscaping. The west property line contains a hole in the screening beginning 130 feet south of
the NW property corner, spanning 75 feet long towards the SW property corner. This area is
composed of trees with canopies that begin roughly 6 feet in the air, leaving a gap of visibility to
the property. This screening should be improved by adding two spruce trees inside the property
along the driveway to the contractor’s yard.
STAFF RECOMMENDATION:
Staff finds the proposal conforms to the general issuance standards. Staff recommends approval
of the requested condional use permit for a contra cng yard subject to the condions of
approval and adopon of the Findings of Fact and Re commendaon.
CONDITIONS:
a) Equipment and supply storage must be screened or enclosed at all mes by
fencing or vegetave screening. Screening shall com ply with city code.
b) Vehicles/equipment shall be stored within an enclosed or screened area.
c) No unlicensed or inoperable vehicle/equipment shall be stored on-premises.
d) All chemicals shall be stored in proper storage facilies, specified by OSHA
regulaons.
e) The contractor shall be licensed, bonded and insured.
f) All pavement surfaces must be repaired and maintain a quality level of
condion, free from potholes and crumbling.
g) The scope of the Contractors Yard may be increased if the amount of paved
and screened area is increased, up to the allowed amount according to the
zoning district, Industrial Office Park (IOP). Increase in impervious surface
may require modificaons and alteraon to the stormw ater migaons on
site.
h) Two spruce trees, a minimum of 4 feet tall at plan ng measured from
finished grade, shall be planted along the driveway within the property, along
the NW corner of the space defined as contractor yard on the site plan
Exhibit C.
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Memorandum
To: Rachel Arsenault, Associate Planner
From: Joe Seidl, Water Resources Engineer
CC: Charles Howley, Public Works Director/City Engineer
George Bender, Assistant City Engineer
Charlie Burke, Public Works Operations Manager
Date: 09/06/2024
Re: 1591 Park Road Conditional Use Permit
Project Overview
The property owner seeks a conditional use permit to establish a contracting yard at 1591 Park
Road. Contractor yards typically store construction and landscaping materials and equipment.
These materials may include dirt, sand, construction debris, salt, fuel, and raw building materials
such as lumber and concrete blocks. Equipment might include trucks and construction vehicles
like skid steers, excavators, and bulldozers. Due to the nature of these materials and equipment,
contractor yards have a higher risk of pollutant transport, especially because materials like dirt
and salt can be easily eroded by wind and water. Historically, this property served as a public
works building for the City of Chanhassen and had a similar use.
The applicant has provided supporting documents for the conditional use permit request, which
were reviewed by the Water Resources Department. These documents include:
· Overall Site Plan (Moore Engineering Inc., dated 5/31/24)
· Contractor Yard Site Plan (Moore Engineering Inc., dated 5/31/24)
· Stormwater Memo (Moore Engineering Inc., dated 8/9/24)
· Contractor’s Yard Exhibit (Moore Engineering Inc., dated 8/9/24)
· Drainage Plan Exhibit (Moore Engineering Inc., dated 8/9/24)
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Documented Water Resources Issues
In May 2023, City staff visited the site in response to complaints about its condition. The site
exhibited numerous erosion and sediment control issues, including missing best management
practices (BMPs) like perimeter controls, insufficient buffer areas, large areas of disturbed soil,
and uncovered stockpiles. These issues led to sediment and pollutants entering the onsite
wetland/stormwater pond and potentially impacting downstream City infrastructure and local
water resources. The site also showed failing stormwater infrastructure, exacerbating sediment
and erosion problems. The Erosion and Sediment Control Inspection Report of May 5, 2023,
details the site’s past condition and is included as a reference to this memo.
Spring 2023 – Photo of Stockpile and Depressional Area
240
Spring 2023 – Photo of Contractor’s Yard
Since 2023, the owner has addressed some of the onsite issues by removing stockpiles and
installing silt fence and other Erosion and Sediment Control BMPs. However, disturbed soils and
failing stormwater infrastructure remain onsite.
Wetlands
A small depression in the southwest corner of the property appears to have wetland
characteristics, with wetland vegetation observed during staff inspections conducted in 2023.
This area is classified as a wetland on the City’s GIS inventory. Aerial photographs from 1969
and subsequent observations indicate the presence of standing water in this depression since the
late 1980s/early 1990s.
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A review of older site plans from the 1980’s indicates the presence of a depression/channel that
was modified with the development of the site. It is possible that the intent of the modifications
was to create a stormwater management feature, however more detailed review is required to
make an official Wetland Conservation Act decision.
It is recommended that the applicant conduct a wetland delineation to confirm whether this
depression is a jurisdictional wetland. If classified as such, the site should comply with Article
20-6 Wetland Protection of the City Code, which includes establishing buffer areas and
potentially wetland restoration. If the area is classified as a stormwater management feature, then
the applicant could use this area to manage the runoff generated by the site.
Drainage
The site primarily drains to the southwest into the onsite wetland/stormwater pond. From there,
stormwater flows southwest through a railroad ditch system into a City maintained wet pond
before discharging into Bluff Creek. The northern part of the site drains into the City storm
sewer along Park Road, with stormwater eventually reaching Riley Creek. There is limited onsite
stormwater infrastructure including pipes and catch basins which appear to be private as they act
to drain private property, are not contained in easements, and do not benefit the public.
The proposed plans will not significant alter the existing drainage patterns. Some existing
impervious surfaces will be removed and revegetated, and new stormwater infrastructure,
including bituminous curbs and stabilized curb cuts, are proposed to help manage runoff. The
Contractor Site Plan includes temporary BMPs like hay bales and silt fences for interim site
management. A new bituminous drive lane was added in 2023 without permits. No new
permanent BMPs for stormwater management are currently proposed.
Erosion Control
The exact area of disturbance is unclear but appears to exceed 5,000 square feet. If the
disturbance is over one acre, the project will require a General Permit Authorization to Discharge
Stormwater Associated with Construction Activity (NPDES Construction Permit).
The project must comply with Section 19-145 of the City Code regarding Erosion and Sediment
Control. Given the disturbance size and sediment transport concerns, the applicant should submit
an Erosion and Sediment Control Plan adhering to City regulations. All erosion control measures
must be installed and inspected by City staff before site grading/construction begins. If
disturbance exceeds one acre, a Stormwater Pollution Prevention Plan (SWPPP) should be
included in the next submittal.
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The site is within the Riley Purgatory Bluff Creek Watershed District (RPBCWD). The district
requires an erosion and sediment control permit if the site grades 50 cubic yards or more of earth
or disturbs 5,000 square feet or more of area. The applicant should confirm whether these
thresholds are met and secure all necessary permits, including after-the-fact permits.
Stormwater Management
The City's Code Section 20-232 outlines General Issuance Standards for Conditional Use
Permits. Relevant standards include:
Sec 20-232 General Issuance Standards
The planning commission shall recommend a conditional use permit and the council shall issue
such conditional use permits only if it finds that such use at the proposed location:
a. Will not be detrimental to or endanger the public health, safety, comfort, convenience or
general welfare of the neighborhood or the city.
b. Will be consistent with the objectives of the city's comprehensive plan and this chapter.
e. Will be served adequately by essential public facilities and services, including streets,
police and fire protection, drainage structures, refuse disposal, water and sewer systems
and schools; or will be served adequately by such facilities and services provided by the
persons or agencies responsible for the establishment of the proposed use.
City Code requires that site be in compliance with the objectives of Chanhassen’s
Comprehensive Plan. The Local Stormwater Management Plan (LSWMP) is part of the
city’s Compressive Plan. The first three goals of the LSWMP are:
Goal 1. Promote abstraction through infiltration, reuse and other methods where
practicable to do so to provide flood protection, ground water recharge and improved
water quality.
Goal 2. Achieve water quality standards in lakes, streams, and wetlands consistent with
their designated uses and established classifications.
Goal 3. Protect and rehabilitate wetlands to maintain or improve their function and value.
When not properly managed, a contractor’s yard increases pollution risks to downstream water
resources and can increase maintenance needs on downstream stormwater infrastructure. This
would not align with the goals of the LSWMP and as a result a contractor’s yard requires proper
stormwater management facilities in order to meet the goals of the City’s LSWMP. The onsite
wetland/stormwater pond is in disrepair and there have been documented erosion and sediment
control issues that have very likely impacted local water quality. To comply with City Code and
243
the LSWMP, it is recommended that the applicant develop a comprehensive stormwater
management plan, including:
· Paved surfaces for maintenance
· Develop and implement an Erosion and Sediment Control Plan
· Permanent private stormwater management facilities meeting water quality standards
· Assessment and repair of existing stormwater infrastructure
· Covered storage facilities
· Schedule of regular maintenance activities as needed to manage the contractor’s yard
(practices to contain sediment, fuel, and other runoff associated with contracting yards)
· Execution of an Operations and Maintenance Agreement to ensure the functionality of
the private stormwater infrastructure onsite.
The project is also subject to RPBCWD rules and regulations. The applicant should confirm any
applicable rules and obtain necessary permits as part of the Conditional Use Permit.
WATER RESOURCES CONDITIONS:
1. It is the developer’s responsibility to ensure that permits are received from all other
agencies with jurisdiction over the project (i.e. Carver County, RPBCWD, Board of
Water and Soil Resources, MnDOT, etc.) prior to the commencement of construction
activities.
2. The applicant shall complete a wetland delineation onsite to confirm if the depressional
area is a jurisdictional wetland. If any area onsite is determined to be a jurisdictional
wetland then the applicant shall revise plans to meet all applicable city code regulations.
The Wetland delineation shall be completed within 3 months after the approval of the
Conditional Use Permit.
3. The applicant and their Engineer shall work with City staff in amending the construction
plans, dated May 31, 2024, and August 9, 2024 prepared by Moore Engineering Inc. to
fully satisfy construction plan comments and concerns within 6 months after the approval
of the Conditional Use Permit.
4. The applicant shall provide updated plans and models to demonstrate that the contractor’s
yard site is meeting water quality standards. A permanent BMP to manage the runoff
generated by the contractor’s yard is anticipated. These models shall be submitted as part
of all future submittals.
5. The applicant shall create a storm water management plan approved by staff to describe
how the site is meeting city requirements including water quality and erosion control.
The stormwater management plan including site improvements shall be executed within
12 months after the approval of the Conditional Use Permit.
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6. The developer shall enter into encroachment agreements for all existing and proposed
improvements located in public easements. The encroachment agreements shall be
recorded within 12 months after the approval of the Conditional Use Permit.
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Construction ESC Inspection
Form
Date & Time of
Inspection:
05/05/2023
Weather Conditions:Partly Cloudy
Reason for Inspection:Compliant Check
24 Hour Precipitation:in.
Project Name:1591 Park Rd Project Number R-0000000-00089
NPDES Permit #:Owner/Permittee:Roadrunner Truck Repair Inc
MN State Duty
Officer:
651.649.5451 or 800.422.0798 Contractor/Permittee:.
Site Contact 1:Site Contact 2:
In attendance:RP
General Site Activities:
No current activity on site. Some trucking going in and out.
Inspection Findings:
1.Exit BMPs/Adjacent
Roadway
Noncompliant 2.Construction Phasing N/A
3.Buffer Zones Noncompliant 4.Concrete Washout N/A
5.Dewatering/Bypass
Pumping
N/A 6.Polymer/Flocculent
Application
N/A
7.Ditch Checks N/A 8.Grading/Earthwork Noncompliant
9.Dust Control/ Wind Erosion N/A 10
.
Inlet Protection Noncompliant
11
.
ESC BMP Maintenance N/A 12
.
Outlet Control Structure
(24 hrs.)
N/A
13
.
Inclement Weather Ready Noncompliant 14
.
Perimeter Sediment
Controls
Noncompliant
15
.
Redundant Perimeter
Controls
Noncompliant 16
.
Turbidity Curtain/Fence N/A
17
.
Soil Stockpile Protection Noncompliant 18
.
Offsite Discharges Noncompliant
19
.
Directional Drilling N/A 20
.
Stabilization Measures/24
Hour
Noncompliant
21
.
Secondary/Hazard
Containment
N/A 22
.
Stabilization Measures/7
Day
Noncompliant
23
.
Waste/Trash Containment Noncompliant 24
.
Stabilization Measures/14
Day
N/A
Items that need maintenance:
246
Status: Open
Correct By: 05/10/2023
Location: Rear yard
Details: Storm basin in SW corner not
being protected. Stockpiles must have
robust erosion control installed
between exposed soil and basin area.
All debris and equipment must be
removed from basin area. Immediate
action must be taken. Code 19-145
Status: Open
Correct By: 05/10/2023
Location: Outlet pipe from storm
basin
Details: Outlet pipe failure. Exiting
south end of pond. pipe sections
disconnected erosion around structure
is significant. Energy dissipation must
be installed and pipe structure
repaired to function properly. Code 19-
145 and engineering specs
Status: Open
Correct By: 05/10/2023
Location: Storm basin illicit discharge
Details: Illicit discharge into basin area.
Identify, report, and clean up illicit
discharge of orange/yellow material
leaching into pond. A plan must be
implemented to remove spill. This will be
reported to the MPCA as an illicit
discharge. City code 19-128
Status: Open
Correct By: 05/10/2023
Location: Stockpiles
Details: Large soil stockpiles must be
fully stabilized and fully contained by
physical barrier. Exposed soils cannot
remain open onsite. The height of
these piles makes them highly
susceptible to washing. Create a plan
for removal or protection City code 19-
145
Status: Open
Correct By: 05/19/2023
Location: Submit a plan for Sitewide
erosion and sediment control
Details: Submit a plan showing
location of BMPs that will be installed
and a timeline for installation. City will
review, plan must be approved and
site work completed within directed
timeline. Plan must show all stockpiles
and areas of exposed soil. Code 19-
145
Status: Open
Correct By: 05/10/2023
Location: Park Rd
Details: Street sweeping required.
Entrance area is tracking sediment and
gravel out into right-of-way. Street
sweeping must be done to maintain
access area. Code 19-145
Inspector
Signature:
05/05/2023
247
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of Tiger Investors LLC for a Conditional Use Permit (CUP).
On September 17, 2024, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Tiger Investors LLC for a contracting yard conditional use
permit. The Planning Commission conducted a public hearing on the proposed conditional use
permit, preceded by published and mailed notice.
FINDINGS OF FACT
1. Permit. On August 8, 2024, the city received a completed land use application for the
property legally described as Lot 10 & 11, Block 5, Chanhassen Lakes Business Park
(“Property”), requesting a conditional use permit for a contracting yard on the Property.
2. Property. The Property is currently zoned Industrial Office Park (IOP). The Property is
guided by the 2040 Land Use Plan for Office Industrial Use. Contracting yards are
considered a Conditional Use within the Industrial Office Park (IOP) zoning district.
3. Conditions. The permit is issued subject to the following conditions:
a) Equipment and supply storage must be screened or enclosed at all times by fencing or
vegetative screening. Screening shall comply with city code.
b) Vehicles/equipment shall be stored within an enclosed or screened area.
c) No unlicensed or inoperable vehicle/equipment shall be stored on-premises.
d) All chemicals shall be stored in proper storage facilities, specified by OSHA regulations.
e) The contractor shall be licensed, bonded, and insured.
f) All pavement surfaces must be repaired and maintain a quality level of condition, free
from potholes and crumbling.
g) The scope of the Contractors Yard may be increased if the amount of paved and screened
area is increased, up to the allowed amount according to the zoning district, Industrial
Office Park (IOP). Increase in impervious surface may require modifications and
alteration to the stormwater mitigations on site.
248
h) Two spruce trees, a minimum of 4 feet tall at planting measured from finished grade,
shall be planted along the driveway within the property, along the NW corner of the space
defined as contractor yard on the site plan Exhibit C.
i) It is the developer’s responsibility to ensure that permits are received from all other
agencies with jurisdiction over the project (i.e. Carver County, RPBCWD, Board of
Water and Soil Resources, MnDOT, etc.) prior to the commencement of construction
activities.
j) The applicant shall complete a wetland delineation onsite to confirm if the depressional
area is a jurisdictional wetland. If any area onsite is determined to be a jurisdictional
wetland then the applicant shall revise plans to meet all applicable city code regulations.
The Wetland delineation shall be completed within 3 months after the approval of the
Conditional Use Permit.
k) The applicant and their Engineer shall work with city staff in amending the construction
plans, dated May 31, 2024, and August 9, 2024 prepared by Moore Engineering Inc. to
fully satisfy construction plan comments and concerns within 6 months after the approval
of the Conditional Use Permit.
l) The applicant shall provide updated plans and models to demonstrate that the contractor’s
yard site is meeting water quality standards. A permanent BMP to manage the runoff
generated by the contractor’s yard is anticipated. These models shall be submitted as part
of all future submittals.
m) The applicant shall create a stormwater management plan approved by staff to describe
how the site is meeting city requirements including water quality and erosion control.
The stormwater management plan including site improvements shall be executed within
12 months after the approval of the Conditional Use Permit.
n) The developer shall enter into encroachment agreements for all existing and proposed
improvements located in public easements. The encroachment agreements shall be
recorded within 12 months after the approval of the Conditional Use Permit.
4. Termination of Permit. The city may revoke the permit following a public hearing for
violation of the terms of this permit. The city may institute any proper action or proceeding at
law or at equity to prevent violations of the within property, to restrain or abate violations of
the within permit, or to prevent use or occupancy of the Subject Property.
5. Lapse. If within one year of the issuance of this permit the authorized construction has not
been substantially completed or the use commenced, this permit shall lapse, unless an
extension is granted in accordance with the Chanhassen Zoning Ordinance.
6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal
misdemeanor.
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DECISION
The City Council approves the proposed conditional use permit based on the findings of
fact included herein, and subject to the conditions of the staff report.
ADOPTED by the Chanhassen City Council this _____ day of _____________, 202_.
CHANHASSEN CITY COUNCIL
BY:___________________________________
Its Mayor
BY:_ __________________________________
Its City Manager
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EXHIBIT A
PARCEL A LEGAL DESCRIPTION
Chanhassen Lakes Business Park, Block 5, Lot 11.
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EXHIBIT B
PARCEL B LEGAL DESCRIPTION
Chanhassen Lakes Business Park, Block 5, Lot 10.
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EXHIBIT C
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
CONDITIONAL USE PERMIT #24-9
1. Permit. Subject to the terms and conditions set forth herein and with the Conditional
Use Permit recorded with Carver County on ____________, __, 2024, Document No.
_____, the City of Chanhassen hereby grants:
a) A conditional use permit for a contracting yard at 1591 Park Road.
2. Property. The permit for the property situated in the City of Chanhassen, Carver County,
Minnesota, and legally described as follows:
Chanhassen Lakes Business Park, Block 5, Lots 10 & 11.
3. Conditions. The permit is issued subject to the following conditions:
a) Equipment and supply storage must be screened or enclosed at all times by
fencing or vegetative screening. Screening shall comply with city code.
b) Vehicles/equipment shall be stored within an enclosed or screened area.
c) No unlicensed or inoperable vehicle/equipment shall be stored on-premises.
d) All chemicals shall be stored in proper storage facilities, specified by OSHA
regulations.
e) The contractor shall be licensed, bonded, and insured.
f) All pavement surfaces must be repaired and maintain a quality level of condition,
free from potholes and crumbling.
g) The scope of the Contractors Yard may be increased if the amount of paved and
screened area is increased, up to the allowed amount according to the zoning
district, Industrial Office Park (IOP). Increase in impervious surface may require
modifications and alteration to the stormwater mitigations on site.
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h) Two spruce trees, a minimum of 4 feet tall at planting measured from finished
grade, shall be planted along the driveway within the property, along the NW
corner of the space defined as contractor yard on the site plan Exhibit C.
i) It is the developer’s responsibility to ensure that permits are received from all
other agencies with jurisdiction over the project (i.e. Carver County, RPBCWD,
Board of Water and Soil Resources, MnDOT, etc.) prior to the commencement of
construction activities.
j) The applicant shall complete a wetland delineation onsite to confirm if the
depressional area is a jurisdictional wetland. If any area onsite is determined to be
a jurisdictional wetland then the applicant shall revise plans to meet all applicable
city code regulations. The Wetland delineation shall be completed within 3
months after the approval of the Conditional Use Permit.
k) The applicant and their Engineer shall work with city staff in amending the
construction plans, dated May 31, 2024, and August 9, 2024 prepared by Moore
Engineering Inc. to fully satisfy construction plan comments and concerns within
6 months after the approval of the Conditional Use Permit.
l) The applicant shall provide updated plans and models to demonstrate that the
contractor’s yard site is meeting water quality standards. A permanent BMP to
manage the runoff generated by the contractor’s yard is anticipated. These models
shall be submitted as part of all future submittals.
m) The applicant shall create a stormwater management plan approved by staff to
describe how the site is meeting city requirements including water quality and
erosion control. The stormwater management plan including site improvements
shall be executed within 12 months after the approval of the Conditional Use
Permit.
n) The developer shall enter into encroachment agreements for all existing and
proposed improvements located in public easements. The encroachment
agreements shall be recorded within 12 months after the approval of the
Conditional Use Permit.
4. Termination of Permit. The City may revoke the permit following a public hearing for
violation of the terms of this permit.
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5. Lapse. If within one year of the issuance of this permit the authorized construction has
not been substantially completed or the use commenced, this permit shall lapse, unless an
extension is granted in accordance with the Chanhassen Zoning Ordinance.
6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal
misdemeanor.
Dated: September 23, 2024
CITY OF CHANHASSEN
BY: ___________________________
Elise Ryan, Mayor
AND: ___________________________
Laurie Hokkanen, City Manager
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of , 20___, by
Elise Ryan, Mayor, and by Laurie Hokkanen, City Manager, of the City of Chanhassen, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City
Council.
__________________________________
NOTARY PUBLIC
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