15-11 Findings of FactCITY OF C14ANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
Application of LDW Properties to revise a Conditional Use Permit and to amend a Site Plan
Permit to allow screened outdoor storage in the Planned Unit Development District.
On May 19, 2015, the Chanhassen Planning Commission met at its regularly scheduled meeting
to consider the application of LDW Properties to revise a Conditional Use Permit and to amend
a Site Plan Permit to allow screened outdoor storage in the Planned Unit Development District.
The Planning Commission conducted a public hearing on the proposed revision and amendment
preceded by published and mailed notice. The Planning Commission heard testimony from all
interested persons wishing to speak and now makes the following:
FINDINGS OF FACT
1. The property is currently zoned Planned Unit Development, PUD.
2. The property is guided in the Land Use Plan for Office Industrial.
3. The legal description of the property is Lot 2, Block 1, Chanhassen Business Center.
4. Conditional Use Permit. General Issuance Standards
a. Permitting screened outdoor storage will not be detrimental to or endanger the public
health, safety, comfort, convenience or general welfare of the neighborhood or city.
The site is zoned PUD, with an underlying zoning of IOP. The proposed use will not
create any significant or unexpected impacts from this operation.
b. Permitting screened outdoor storage is consistent with the objectives of the city's
comprehensive plan and this chapter.
The proposed use is consistent with the City's Comprehensive Plan. The City approved a
site plan Permit with a conditional use permit for the site with a 15 -foot variance from the
40 -foot building setback requirement of the Bluff Creek Overlay district, and for
development within the Bluff Creek Overlay district primary zone to operate a
contractor's yard. The site has met all of the conditions of approval and now seeks to
utilize a loading dock space for outdoor storage. Outdoor storage is an allowed
conditional use for a contractor's yards in the IOP District, the underlying district and is
allowed within the PUD, if the storage is approved in the site plan.
c. Screened outdoor storage 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.
The site is located a PUD that has an underlying IOP District designation. As a condition
of approval, the applicant will be required to work with staff to complete additional
screening of the site to ensure it keeps with the essential character of the area.
d. Screened outdoor storage will not be hazardous or disturbing to existing or planned
neighboring uses.
Storage equipment will be screened from public view. There will be no measurable
impacts to the existing or planned neighboring uses.
e. Screened outdoor storage 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.
Full city services are available to this site. Roads serving the site are fully capable of
handling the access needs of this proposal.
f. Screened outdoor storage will not create excessive requirements for public facilities and
services and will not be detrimental to the economic welfare of the community.
Staff is not aware of any excessive requirements for public facilities. The contracting
business is a good auxiliary use within the development.
g. Screened outdoor storage 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.
This site will not create adverse impacts to persons, property or the general welfare of the
area. The screened outdoor storage will comply with city ordinances.
h. Screened outdoor storage will have vehicular approaches to the property which do not
create traffic congestion or interfere with traffic or surrounding public thoroughfares.
The site is accessible from a city street designed to commercial standards.
i. Screened outdoor storage will not result in the destruction, loss or damage of solar access,
natural, scenic or historic features of major significance.
The development of this site will not result in the loss of any features of major
significance.
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j. Screened outdoor storage will be aesthetically compatible with the area.
The site contains an existing loading dock, which is partially screened by buildings,
landscaping and elevation changes. The proposed outdoor storage space will be fully
screened by adding additional landscape screening.
k. Screened outdoor storage will not depreciate surrounding property values.
The site is being used for a screened outdoor storage operation, which is consistent with
its designation. It will not depreciate surrounding property values.
1. Screened outdoor storage will meet standards prescribed for certain uses as provided in
this article.
Sec. 20-308. Screened outdoor storage states:
The following applies to screened outdoor storage:
(1) All outdoor storage must be completely screened with 100 percent opaque
fence or landscaped screen.
The applicant intends to store construction materials within a screened loading dock area.
Screening will be achieved via buildings, elevation changes, and landscaping.
5. Site Plan Review. In evaluating a site plan and building plan, the city shall consider the
development's compliance with the following:
a. Screened outdoor storage is consistent with the elements and objectives of the city's
development guides, including the comprehensive plan, official road mapping, and other
plans that may be adopted. The proposed use is consistent with the City's Comprehensive
Plan and all other plans. The City approved a site plan permit with a conditional use
permit for the site with a 15 -foot variance from the 40 -foot building setback requirement
of the Bluff Creek Overlay district and for development within the Bluff Creek Overlay
district primary zone to operate a contractor's yard. The site has met all of the conditions
of approval and now seeks to utilize a loading dock space for outdoor storage. Outdoor
storage is an allowed conditional use for a contractor's yards in the IOP District, the
underlying district and is allowed within the PUD, as the use is approved in the site plan.
b. Screened outdoor storage is consistent with this division 6. The screened outdoor storage
meets the requirements specified under site plan review.
c. Adding screened outdoor storage will preserve the site in its natural state to the extent
practicable by minimizing tree and soil removal and designing grade changes to be in
keeping with the general appearance of the neighboring developed or developing areas.
There will be no tree or soil removal or grade changes with the addition of the screen
outdoor storage area.
d. Screened outdoor storage will keep a harmonious relationship between the building and
open space with natural site features and with existing and future buildings having a
visual relationship to the development. Landscape screening will enhance the natural site
features and will be consistent with the existing relationship between buildings and open
space on the site.
e. The addition of screened outdoor storage will maintain a functional and harmonious
design for structures and site features, with special attention to the following:
1) An internal sense of order for the buildings and use on the site and provision of a
desirable environment for occupants, visitors and general community. The
outdoor storage will be screened from public view and will not be seen by
occupants, visitors or the general community in the area.
2) The amount and location of open space and landscaping. Open space will not be
reduced by the addition of screened outdoor storage. Landscaping will be
increased to screen the outdoor storage.
3) Materials, textures, colors and details of construction as an expression of the
design concept and the compatibility of the same with adjacent and neighboring
structures and uses. The outdoor storage will be completely screened by
landscaping, keeping with the design concept and compatibility with adjacent and
neighboring structures and uses.
4) Vehicular and pedestrian circulation, including walkways, interior drives and
parking in terms of location and number of access points to the public streets,
width of interior drives and access points, general interior circulation, separation
of pedestrian and vehicular traffic and arrangement and amount of parking. The
outdoor storage will be located in the rear loading dock area and will not have any
influence on vehicular or pedestrian circulation.
f. Adding screened outdoor storage will not affect adjacent and neighboring properties
through reasonable provision for surface water drainage, sound and sight buffers,
preservation of views, light and air and those aspects of design not adequately covered by
other regulations which may have substantial effects on neighboring land uses. The
outdoor storage will be completely screened from public view and the construction
equipment permitted as a part of the approval process will not be erodible, thus
mitigating potential negative externalities.
g. Within the HC districts, screened outdoor storage is consistent with the purpose, intent
and standards of the HC districts. The subject property is not within the HC district.
h. Within the BCO district, screened outdoor storage is consistent with the purpose, intent
and standards of the BCO district. Screened outdoor storage will keep with the purpose,
and intent and standards of the BCO district.
Based upon the foregoing findings, staff is recommending that the conditional use permit be
restated and the site plan permit be amended to allow screened outdoor storage with appropriate
conditions.
6. The planning report #2015-11 dated May 19, 2015, prepared by Drew Ingvalson, et al, is
incorporated herein.
The Planning Commission recommends that the City Council revise Conditional Use
Permit #2001-02 and amend Site Plan Permit #2001-05 to allow screened outdoor storage in the
Planned Unit Development District.
ADOPTED by the Chanhassen Planning Commission this 19' day of May, 2015.
CHANHASSEN PLANNING COMMISSION
BY:
Its Chairman