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PC Minutes 08-19-2014Chanhassen Planning Commission – August 19, 2014 PUBLIC HEARING: 1380 PARK ROAD: REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW SCREENED OUTDOOR STORAGE ON PROPERTY ZONED INDUSTRIAL OFFICE PARK (IOP) AND LOCATED AT 1380 PARK ROAD (NORTHEAST CORNER OF PARK ROAD AND PARK PLACE). APPLICANT/PROPERTY OWNER: MG, LLC, PLANNING CASE 2014-22. Generous: Thank you Chairman Aller, commissioners. Planning Case #2014-22 is a Conditional Use Permit for outdoor storage. The developer is MG, LLC. They are a contractor in the community and they do, they own the property. Previously they came in and did some grading to the site. If you’ve been out there they already have the berming in place and so as part of this they’d be adding landscaping and some fencing in this. This property is located at the northeast corner of Park Road and Park Place. It is an existing parking lot area that was built to provide overflow parking for the property just to the south of it across Park Road. Aerial view of the site. There is stormwater treatment on the property, or stormwater facilities on the property and that was part of the discussion as part of our review of this. At one time there was, where soil was stored on the property. They have removed all of that and the applicant has advised me that they don’t intend to put any more soil on that site so. Let’s see, here’s a schematic of the access will be from Park Road. The driveway into the site, they are proposing to put a security gate in place and then they would have fencing along the eastern property line so that people can’t take trailers off the site without getting through the fencing. Here’s a picture of it as you’re going west on Park Road. You can see some of the equipment on the property currently. Not a whole lot of landscaping. The berming has greened up pretty well with the, the one condition that we have as part of the landscaping is that they change some of the shrubs from perennial, annual type leafing to evergreen trees or evergreen and so we’ll have them work with the City Forester to improve that screening so it’s more year round basis. There is a dirt pile that used to be on the property. It’s now gone and it’s not going to be there and actually one of the conditions of approval is that they can’t have it. If they do then they have to block up the stormwater system in there so. Here’s a picture of the fencing that will be at the main gate. It will be lockable so that they can secure their equipment and materials on site. Staff is recommending approval of the Conditional Use Permit for screened outdoor storage at 1380 Park Road subject to the conditions in the staff report and adoption of Findings of Fact and Recommendations. With that I’d be happy to answer any questions. Aller: Bob under the Code, the screening has to be opaque? Generous: Well it has to be, yes. Screening you can’t see through it so. Aller: Right. Generous: It could be landscaping. Aller: So it’s not just slat, like slat every other one or. Generous: No. It has to be completely that you can’t see what’s behind there. And the berming does most of the screening for the site. It’s just the, at the very top of it, it will help to, for the taller equipment. 11 Chanhassen Planning Commission – August 19, 2014 Aller: And then they’re going to work with the City’s Forester on the evergreens? Generous: Right. Coming up with an appropriate plan for that and species. Aller: Any additional questions? Weick: For point of clarification. Are we approving the idea of screening the area or the idea of storing stuff outside? Or both. Generous: Well it’s both. Screened outdoor storage. Weick: It is? Generous: So it would allow them to, the use is storage but. Weick: So we don’t care what type of things they put in there? Generous: Well we do. We want them to provide us with a list of the materials that are going to be out there and of course one of the conditions is they can’t have hazardous materials stored outside so. Weick: Right. Generous: They are putting that list together for us and that will be one of the things that we review annually as part of our continuing conditional use permit reviews. Aller: So if they violate the terms of conditions of the use permit then the City will come in and we’ll remove the permit and. Generous: Yes. We could through the public hearing process Council could revoke that and they can take everything off. Weick: So does the, and I might have missed it. Does the screening have to completely hide anything that’s stored back there? Or can it be above the screening? Generous: Well generally yes. It’s supposed to screen everything but if they make a good faith effort to screen it up 10 feet, you know if you see the very top of something it’s not going to be too bad. Weick: Okay. Aanenson: I just want to remind you too, I think the equipment’s coming and going. It’s used for the business so it’s not. Weick: They’re in and out of there. 12 Chanhassen Planning Commission – August 19, 2014 Aanenson: Yeah, it’s not like, we do have another business that has outdoor storage and that’s down on Stoughton Avenue where things sit out there you know for longer periods of time so in this circumstance equipment is coming and going so. Aller: Thanks. Additional questions? Comments. Okay. If the applicant would like to step forward and state your name and address for the record sir. Welcome. Gary Disch: Good evening Chairman, commissioners. My name is Gary Disch with Magney Construction. Also MG, LLC and we’re applying. Bob pretty much said everything. The dirt is gone. We don’t anticipate any, we aren’t going to put any dirt back on there. No hazardous waste. It is you know construction equipment. Excavators. Dump trucks. Trailers. So, and we’re going to be working with staff with our landscape architect to make sure the evergreens, whatever they need. Aller: Okay, thank you. So my understanding would be there’s not going to be a bunch of oil drums out there. Gary Disch: None. Aller: And being stored for maintenance purposes or. Gary Disch: No. No, we won’t be changing oil over there. Aller: And the conditions, the conditions that I understand the way the motion will be if it’s approved, if there is dirt put back on you’re not precluded necessarily from doing that but there will be additional requirements. Gary Disch: Yeah and the only reason why there was dirt on there in the first place is we repaired our driveway on the other side of the road last fall when it rained and rained and rained. Well we put it in and it rained and rained. We had to take it back out. We put it over there because it was too wet to do anything with so we brought new stuff in and that was left over but now it’s gone. We don’t ever anticipate, we’re not a huge dirt contractor. We don’t want to bring it back to our shop and handle it again. Aller: Right, thank you. Any additional questions or comments? Thank you sir. Gary Disch: Thank you. Aller: At this time we’ll open the public hearing portion of this item. Anyone wishing to speak either for or against can do so at this time. Again seeing no one come forward, closing the public hearing and open for additional comments or questions. Again the report covers it all. No pun intended. I’ll entertain a motion. Tennyson: I’ll make a motion. Aller: Thank you Commissioner Tennyson. 13 Chanhassen Planning Commission – August 19, 2014 Tennyson: I’ll move that the Chanhassen Planning Commission recommends the City Council approve the Conditional Use Permit for screened outdoor storage located at 1380 Park Road subject to the conditions in the staff report and adoption of the attached Findings of Fact and Recommendation. Aller: I have a motion. Do I have a second? Campion: Second. Aller: Is that Commissioner Campion? Campion: Yes. Aller: Thank you. I have a second. Any further discussion? Tennyson moved, Campion seconded that the Chanhassen Planning Commission recommends the City Council approve the Conditional Use Permit #2014-22 to allow screened outdoor storage in an IOP District for MG, LLC, located on Lot 1, Block 2, th Chanhassen Lakes Business Park 5 Addition as shown on the plans dated received July 18, 2014, subject to the following conditions and adoption of the attached Findings of Fact and Recommendation: Planning 1.A Conditional Use Permit shall be recorded at Carver County. 2.No unlicensed or inoperable vehicle/equipment shall be stored on the premises. Water Resources Coordinator 1.All stockpiled materials must have adequate perimeter control. 2.The existing catch basin must be protected at all times from having sediment enter. The applicant must demonstrate how this will be accomplished to the satisfaction of the City. 4.Access to the catch basin must be provided at all times for the City or their representatives. 5.The applicant must provide a detailed description of the anticipated materials to be stored on- site. No materials considered hazardous may be stored there. 6.No maintenance or refueling of vehicles may occur in the storage area. 7.Any leaks or spills must be cleaned up immediately and, if these spills exceed state threshold, must be reported to the State Duty Officer. 14 Chanhassen Planning Commission – August 19, 2014 City Forester 1.The applicant shall revise the landscape plan to replace the majority of the deciduous shrubs with evergreen varieties. All voted in favor and the motion carried unanimously with a vote of 7 to 0. PUBLIC HEARING: 3880 LONE CEDAR LANE: REQUEST FOR VARIANCE TO THE BLUFF SETBACK TO CONSTRUCT A WATER-ORIENTED STRUCTURE ON PROPERTY ZONED SINGLE FAMILY RESIDENTIAL (RSF) AND LOCATED AT 3880 LONE CEDAR LANE. APPLICANT/OWNER: SCOTT MURPHY, PLANNING CASE 2014-20. Aller: And for the record we’ve received an additional letter to add to our packets dated August 12, 2014 from Mr. William Humphries and that has been read by all the commissioners and will become part of the packet. Ingvalson: Good evening Chairman Aller and Planning Commission. My name is Drew Ingvalson, since I don’t have a name tag I’ll introduce myself. My name is Drew Ingvalson. I’m interning here at the City of Chanhassen. The item before you, Planning Case 2014-20 is a bluff setback variance request. The location is at 3880 Lone Cedar Lane. This is north of State Highway 5, on the southwest side of Lake Minnewashta. The applicant is requesting a 13 foot bluff setback variance from the required 30 foot bluff setback to locate a water oriented structure 17 feet from the toe or the low side of the bluff. So if you look at the survey up there, there currently is a shed existing on the property that will be removed with the, with locating a new water oriented structure on the property. In green you can see a 20 foot sanitary sewer easement. Permanent structures are not allowed within that easement. Also there is a red line on the left side of that green 20 foot sanitary sewer easement. That shows the 30 foot bluff setback and then in yellow is the yellow rectangle is the proposed water oriented structure location. The left side would be within that bluff setback. The property owner is requesting a variance for this location so that the water oriented structure can be permanent and is not in danger of being removed in the future by the City. Within 500 feet of this property there have been three variance requests. One of those requests was approved for a 10 foot bluff setback variance for a retaining wall. So while it is reasonable to request a water oriented structure, it is possible for this property to have one and also meet city code. Staff’s recommendation is to locate a temporary water oriented structure within the buildable area. You can see the location for that would be the rectangle in blue and then the buildable area is the black diagonal lines within the sanitary sewer easement. To locate something within that sanitary sewer easement it would require an encroachment agreement with the City. This would City ordinance but would not allow for the permanent structure and would possibly need to be removed by the City in the future. So staff is recommending that the Board of Appeals and Adjustment denies the bluff setback variance request and adopts the Findings of Fact and Decision. However should the Planning Commission decide to approve the variance request, staff has provided an alternative Findings of Fact and Decision. That is the end of the presentation and I’m open to any questions that the Planning Commission has. 15