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3 CUP Beniek Property ServicesCITY OF PC DATE: June 6, 2000 CC DATE: June 26, 2000 REVIEW DEADLINE: 7/16/00 CASE #: 00-3 CUP STAFF REPORT By:A1-Jaff:v Z J /1. IL. <1: PROPOSAL: LOCATION: APPLICANT: Conditional Use Permit for a Contractor's Yard to occupy 5,000 Square Feet of an Office Warehouse Building. Lots 1, Block 1, Chanhassen Lakes Business Park 7th Addition, east of Audubon Road, west of Powers Boulevard and south of the Twin Cities and Western Railroad. Beniek Property Services, Inc. P.O. Box 129 Chanhassen, MN 55317 Attn: Brian Beniek (952)366-2233 Monk Properties LLC 1725 Lake Drive West . Chanhassen, MN 55317 PRESENT ZONING: ACREAGE: 2.05 acres DENSITY: NA 2020 LAND USE PLAN: lOP, Industrial Office Park Office Industrial SUMMARY OF REQUEST: The applicant is requesting a conditional use permit for a contractor's yard to occupy 5,000 square feet of an office warehouse building that has a total area of 19,632 square feet. Notice of this public hearing 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. ,/ Lake D . Esse: Suffo: Burlw' 4 Rose~ Lake Beniek Property Services, Inc. June 6, 2000 Page 2 BACKGROI~ND On June 14, 1999, the City Council approved site plan #99-4 for two office warehouse buildings with an area of 19,632 square feet each, to be located on Lots 1 and 2, Block 1, Chanhassen · th · · Lakes Bus~ness Park 7 Add~tlon, as shown on the plans dated April 16, 1999, revised June 4, 1999, subject to conditions. On April 27, 2000, staff signed off on a building permit for the subject site with the understanding that this was an office warehouse type tenant. On May 17, 2000, staff was asked to sign off on the Certificate of Occupancy for Mr. Beniek. Mr. Beniek is known to city staff as an owner of a business that deals with mowing/upkeep of lawns in the summer and snow removal in the winter. Under the zoning ordinance, such operation qualifies as a contractor's yard and requires a conditional use permit in the IOP district. Mr. Beniek gave notice to the place he currently occupies and was ready to move into the new space when we informed him that a Conditional Use Permit is required. This created a problem with storage of his equipment. Mr. Beniek needed to vacate his current location and move to the subject space prior to the timeline when .the city can process the conditional use permit. To resolve this matter, staff sent Mr. Beniek a letter explaining that we will issue temporary occupancy of the site, contingent upon City Council approval of the conditional use permit application. This item will be scheduled for June 26, 2000, City Council meeting. Temporary occupancy will be permitted until June 30, 2000. At that point, the conditional use permit must be approved and recorded with Carver County. Should the City Council deny the request, Mr. Beniek must vacate the site no later than June 30, 2000. We also explained that the temporary occupancy pertains to the Conditional Use Permit approval only. It by no means, waives any Site Plan Agreement or Building Code requirements prior to temporary occupancy. PROPOSAl, SUMMARY The applicant is requesting conditional use permit for a contractor's yard to occupy the middle section of a 19,632 square foot office warehouse building. The zoning ordinance defines'contractor's yard as "any area o fuse 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. ,4 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 1, Block 1, Chanhassen Lakes Business Park 7th Addition. The site is zoned lOP, Industrial Office Park. A contractor's yard is a conditional use in the IOP District. The site is bordered by Lake Drive West Beniek Property Services, Inc. June 6, 2000 Page 3 to the south and Audubon Road to the west. Access to the site is gained via a driveway off of Lake Drive West. The lot area of the contractor's yard site and office building is 2.05 acres. The proposed area of the contractor's yard is 5,000 square feet. A portion of the space (576 square feet) will be used for office space and the rest will house equipment associated with the business. All equipment is proposed to be located within the building. There is an entrance door that was added along the west elevation and a loading dock along the east elevation. The loading dock is located between two buildings and screened from views. In summary, with the incorporation of staff recommendations, the proposed conditional use permit meets ordinance requirements, and staff is recommending approval with conditions outlined in the staff report. 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. Will be consistent with the objectives of the city's comprehensive plan and this chapter. FINDING - The proposed use is consistent with the City 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. e 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. Beniek Property Services, Inc. June 6, 2000 Page 4 o 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. FINDING - Full city services are available to tNs site. Roads serving the site are fully capable of handling the access needs- of this proposal. 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 for the industrial park. 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. Beniek Property Services, Inc. June 6, 2000 Page 5 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. 12. Will meet standards prescribed for certain uses as provided in this article. FINDING- NA Based upon the foregoing findings, staff is recommending that the conditional use permit be approved with appropriate conditions. RECOMMENDATION "The Planning Commission recommends approval of Conditional Use Permit # 00-3 to allow a contractor's yard in an lOP District, Beniek Property Services, Inc., to be located on Lot 1, Block 1, Chanhassen Lakes Business Park 7th Addition, as shown on the plans dated received May 17, 2000, subject to the following conditions: 1. The applicant shall enter into a conditional use permit agreement with the city. 2. Compliance with conditions of site plan and plat approval. 3. There shall be no outdoor storage of any equipment associated with the contractor's yard." ATTACHMENTS Letter to Mr. Beniek dated May 17, 2000. Application & Notice of Public Hearing and mailing list. Reduced Plans dated received May 17, 2000. g:\plan\sa\chanhassen lakes business park\beniek cup.doc CITYOF CHANHASSEN 690 O~y Center Drive, PO Box 147 Chanhassen, Minnesota 55317 Phone 612.937.1900 General Fax 612.937.5739 E, gi,eering Fax 612937.9152 Public SafeO, ?ax 612.934.2524 II:~b u,wu: ti. &an/Jassen. mn. us May 17, 2000 Mr. Brian Beniek Beniek Property Services, Inc. P.O. Box 129 Chanhassen, MN 55317 Dear Mr. Beniek: This letter is to explain the status of the certificate of occupancy for 1578 Lake Drive West, located on Lot 1, Block 1, Chanhassen Lakes Business Park 7th Addition and zoned Industrial Office Park District (lOP). The business you conduct is classified as a contractor's yard. Such operations require a conditional use permit approva! prior to occupancy in the IOP District. It is our understanding that you need to vacate your existing premises and move to the above referenced space prior to the timeline when the city can process the conditional use permit. It is our intention to allow temporary occupancy of the - site, contingent upon City. Council approval of your conditional use permit application. This item will be scheduled for the June 6, 2000 Planning Commission meeting and June 26, 2000, City Council meeting. Temporary occupancy will be permitted until June 30, 2000. At that point, the conditional use permit must be approved and recorded with Carver County. Should the City Council deny your request, you must vacate the site no later than June 30, 2000. The temporary occupancy pertains to the Conditional Use Permit approval only. This action, by no means, waives any Site Plan Agreement or Building Code requirements prior to temporary occupancy. If you have any questions, please feel free to contact me at ext. 120. Sincerely, Sharmin A1-Jaff Senior Planner 05/17/00 10:08 FAX 01,2 937 5739 CITY OF CHANItA$SEN !~001 CITY OF CHANHAS"3EN · ,* 690. COULTER DRIVE' CHANHASSEN, MN 55317 (si 2) 9374 goo DEVELOPMENT REVIEW APPUCATION APPLICANT:. C)~/1/~ ,__ _ '~ .... - ~_. OWNER: TELEPHONE: , Comprehensive Plan Amendment ~ Temporary Sales Permit Conditional Use Permit ~,,~_ Vacation of ROW/Easements Interim Use Permit ,, Variance Non-conforming Use Perm~ Plan~ed Unit Development*.'' Wetland A~ratlon Permit Zoning Appeal ~ __,__ Rezoning. , Zoning Ordinence Amendment· · Sign Permits · Sign Plan Review Notification Sign __ .Site Plan Review* . .X Escrow for Filing Fees/Attorney Cost** ($50 CUP/SPR/VAC/VAR/WAP/Metes ~, .: and Bounds, $400 Minor SUB) ~ 'Sul~division* ....'- ' "' TOTAL FEE $ ~ ~ A list of all property e,,,mer~ ~ithln 500 feet of the bounde~ies of the property must be Included with the .- appllcetlon. Building material samples must be submltted with site plan reviews, *Twenty-slx full size ~ copies of the plans must be submltted, Including an 8W' X 11" reduced copy of transparency for each plan sheet. . ~. ?~.row ~i1[ be. r .equlre~.. for other applications th.rough the development contract qOTE -.When mbltiple applications.are, pm .ceased, the appropriate fee shall be charged for each:application,r 05/17/00 10:09 FAX 612 937 5739 CITY OF CHANHASSEN ~002 TOTAL ACREAGE WETLANDS PRESI~NT YES _.~NO REQUESTED ZONING PRESENT LAND USE DESIGNATION REQUESTED LAND USE DESIGNATION 'REASON FOR THIS REQUEST This application must be completed In full and be typewritten or clearly printed and must be accompanied by all Jnformalion 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 reclulrements applicable to your application. A determination of completeness of the appllcation shall be made within ten business days of application submittal. A written notice of'application defioiencles 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 C/ty and that I am responsible for complying with alt 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 undersland 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 headng 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 extensions are ~pm~d~y the applicant. Signature of Fee Owner Date Application Received on Fee Paid 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 ailed to the applicant's address. NOTICE OF PUBLIC HEARING PLANNING COMMISSION MEETING TUESDAY, JUNE 6, 2000 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 690 CITY CENTER DRIVE PROPOSAL: Conditional Use Permit for a Contractor's Yard to Occupy Office/ Warehouse Space NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Beniek Property Services, Inc., is requesting a conditional use permit for a contractor's yard to occupy 5,000 square feet of an office warehouse building on property zoned Industrial Office Park (lOP) and located on Lot 1, Block 1, Chanhassen Lakes Business Park 7th Addition. APPLICANT: Benlek Property Services LOCATION: t560 Lake Drive West What Happens at the Meeting: The purpose of this public hearing is to inform you about the developer'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 Developer will present plans on the project. 3. Comments are received from the public. 4. Public hearing is dosed and the Commission discusses 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 Sharmin AI-Jaff at 937-1900 ext. 120. 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 May 25, 2000. 1 2 3 4 Smooth Feed SheetsTM Use template for 5160® DAVID A STOCKDALE 7210 GALPIN BLVD EXCELSIOR MN 55331 TRADEN LLC C/O MARK UNDESTAD 1711 LAKE DRW CHANHASSEN MN 55317 CHRISTOPHER B & JUDY PAROLA 8470 SWAN CT CHANHASSEN MN 55317 QUANTUM CONTROLS INC 1691 WEST LAKE DR CHANHASSEN MN 55317 KURT D KLINGELHUTZ 8,: KIMBERLY A MURRAY 8460 BITTERN CT CHANHASSEN MN 55317 CURT & DAWN SANTJER 8460 SWAN CT CHANHASSEN MN 55317 HARLEY E & ELIZABETH L BERGR 3330 EDINBOROUGH APT 1611 MINNEAPOLIS MN 55435 SCOTT A & SHARON L KOBASICK 8450 BITTERN CT CHANHASSEN MN 55317 ROGER & DEBORAH BENSON 8461 SWAN CT CHANHASSEN MN 55317 HERAKLES LLC 8345 COMMERCE DR CHANHASSEN MN 55317 ROBIN L WHITE & DAWNE M CHRISTIANSEN 8451 BITTERN CT CHANHASSEN MN 55317 CITY OF CHANHASSE~.~---- C/O SCOTT BO~T. C4qER 690 C!y_.¥-CENTER DR PO BOX 147 CHi'~HASSEN MN 55317 DEMOSA LLC C'O BOB MORTENSON 1610 WEST LAKE DR CHANHASSEN MN 55317 CHARLES A & ERIN J RIGGLE 8461 BITTERN CT CHANHASSEN MN 55317 CERAMI HAIDLE & CERAMI LLC 1660 WEST LAKE DR CHANItASSEN MN 55317 GARY ALLEN LUND 8471 BITTERN CT CttANHASSEN MN 55317 CHAN CONGR JEHOVAItS WITNES C'O RICHARD TAYLOR 7227 BREN LN EDEN PRAIRIE MN 55344 JOHNATHAN W & CONNIE A HERR 1500 HERON DR CHANHASSEN MN 55317 MONK PROPERTIES LLC 9671 MEADOWLARK L CHANHASSEN MN 55317 BARRY PATEL 1490 HERON DR CHANHASSEN MN55317 MONK PROPERTIES LLC 9671 MEADOWLA~ CHANHAS~S~ MN 55317 KEVIN MICHAEL SCHMITZ & RENEE BURTON SCHMITZ 8490 SWAN CT CHANHASSEN MN 55317 CHANHASSEN LAKES BUS. 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