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24-09 Signed Findings of Fact PC(.I'TY OF CI IANI.IASSEN (',ARVER ANI) HENNEPIN ('0I. INTIES. N,I INNESOI'A FINDIN(;S ()F FACT AND DE('ISION IN RE: Application of Tiger lnvestors LLC for a Conditional tJse Permit (CUP) The Planning Comnrission conducted a public hearing on the proposed conditional use penrit rvhich was preceded by published and mailed nolice. The Planning Commission heard testimony fiom all interested persons wishing to speak and ntade the lbllowing Findings of F'act on the rernaining application. FINDIN(;S oF FACT Permit. On Augusl 8, 2024. the citl received a contpleted land use application lbr the property legalll described as Lot l0 & ll. Block 5. Clhanhassen Lakes Business Park ("1)roperty"). reqrresting a conditional use pen.nit lor a contracting yard on the Property 2. Properg'. 1-he I'roperty is currently zoned lndustrial Office Park (lOP). The Propertl is guided b1 the 2040 Land (,lse Plan for OfIce lndustrial lJse. Contracting yards are considered a C'onditional LIse B,ithin the Industrial Office Park (lOP) zoning district. 3. Conditions. The permit is issued subject 1o the lollorving conditions: a) Equipment and supply storage musl be screened or enclosed at all times b1' l'encing or vegetalive screening. Screening shall contply u'ith city code. b) Vehicles/equrpmenl shall be stored within an enclosed or screened area. c) No unlicensed or inoperable vehicle/equipment shall be stored on-premises. d) All chernicals shall be stored in proper storage facilities. specified by OSI{A regulations. e) The conlractor shall be licensed. bonded. and insured. t) All pavement surfaces n'rusl be repaired and mainlain a qualitl level ol'condition. free from polholes and crumbling. g) fhe scope ol'the Contractors Yard may' be increased if the amounl ofpaved and screened area is increased. up to lhe allowed amounl according lo the zoning district, Industrial Office Park (lOP). Increase in impen'ious surface mal require modifications and alleration to thc stomlwalcr mitigations rrn site. h) Trl'o spruce trees, a nrininrum of4 f'eet tall at planting measured fiom finished gradc. shall be planted along the driveway within the property. along the NW comer ofthe space dcflned as contractor vard on the site plan Exhibit C. i) It is the developer's responsibility to ensure lhal permits are received liom all other agencies rvith jurisdiction over the project (i.e. Carver Countl'. RPBCWD, Board of Waler and Soil Resources, N'lnDOl etc.) prior to the commencement of construction activities. j) The applicant shall complete a u,etland delineation onsite to confirm if the depressional area is ajurisdictional uetland. [fanl area onsile is delemrined to be ajurisdictional uetland then the applicant shall revise plans to meet all applicable city code regulations. The Wetland delineation shall be completed rvithin 3 months alter the approval ofthe Conditional Llse Permit. k) The applicant and their Engineer shall work u,ith city staff in amending the construction plans. dated May 31. 2{)24, and August 9, 2024 prepared by Moore Engineering lnc. tcr lully'satisfy construction plan commenls and concerns uithin (r rnonths after the approval of the Conditional I se Permit. l) 'fhe applicant shall provide updated plans and models to denronstrale IhaI lhe contractor's yard site is meeting rvater quality standards. A permanent BMP to manage the runofl' generated by the contractor's yard is anticipated. l'hese models shall be submitted as part of all future submittals. m) The applicanl shall create a stormwater nlanagement plan approved b1' staffto describe hou the sile is meeting cill requirements including water qualit) and erosion control. The stornr\\,ater nranagenrenl plan including site improvenrents shall be executed u ilhin l2 monlhs after the approval ofthe Conditional Use Permit. n) The dcveloper shall enler into encroachment agreements lbr all existing and proposed improvements located in public easemenls. l he encroachmenl agreements shall be recorded u,ithin I 2 months alter the approval of the Conditional t ise Permit. 4. Termination of Permit. The city may revoke the penrit follou'ing a public hearing lor r iolation ofthe terms ol'lhis permit. The city may inslitute an1' proper action or proceeding al lau,or al ccluily to prevent violations ofthe within properly. to restrain or abate violations of the ri ithin pernrit. or to prevent use or occupancy ol-the Subject Property. 5. Lapsc. ll'u,ithin one ),ear ofthe issuance olthis permit the authorized construction lras not been substanlially cornpleted or the use commenced, this pemrit shall lapse- unless an exlension is granled in accordance with the Chanhassen Zoning Ordinance. 6. Criminal Penalty. Violation ol'the terms of this conditional use pernrit is a criminal misdenreanor. RE('0]\T I\I ENI)AT I()N The Planning Commission reconrmends that the City'Council approves the Conditional Llse Permit. ADOPTED hy the Chanhassen Planning Commission this lTth day'of September 2024. (.IIAN}IASSE LA ING ('OMMISSION llY Its ('hairntan EXHIBIT A PARCEI- A LUGAL l)ESCRIPTION Chanhassen Lakes Business Park. Block 5. Lot ll EXHIBIT I} PARCEI, B I,EGAI, DESCRIPTI()N Chanhassen Lakes Business Park, Block 5, Lot 10. h\lllBIl'(' l:l ac.}rR^crmsY^noahE[ v :-- o r E t I E r,.. I '/ , t i I