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CC Staff Report 10-11-21City Council Item October 11, 2021 Item Approve a Request to Amend Conditional Use Permit (CUP) 88-17 to Expand an Existing Outdoor Storage Area at 7851 Park Drive (Lakeshore Equipment) File No.Planning Case No. 2021-21 Item No: D.5 Agenda Section CONSENT AGENDA Prepared By MacKenzie Young-Walters, Associate Planner Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council approves the request to amend Conditional Use Permit 88-17, subject to the Conditions of Approval, and adopts the attached Findings of Fact and Recommendation." Motion Type Simple Majority Vote of members present Strategic Priority Development & Redevelopment SUMMARY The applicant is proposing a 10,467 square-foot expansion of the property’s existing outdoor storage area. As part of the expansion, they are also proposing adding a second driveway access to Park Drive approximately 100 feet south of the existing driveway access. Since outdoor storage requires a conditional use permit (CUP), the applicant must amend their existing CUP to expand their outdoor storage area. BACKGROUND On October 24, 1988, the City Council approved a site plan review and CUP (Site Plan 88-16/CUP 88- 17) for an office/warehouse facility and outdoor storage area on the subject parcel. The CUP had the following conditions attached to it: 1. All items stored in the outdoor storage area must be totally screened by an 8-foot wooden fence and no stored items shall project over the fence. 2. The conditional use permit must meet any and all conditions of the site plan approval for Site Plan #88-16. On October 28, 1991, the City Council denied a request to amend CUP 88-17 to permit a 15 foot-high fence around the outdoor storage area. On September 9, 2019, the City issued a permit for the replacement of the existing gate with a sliding gate. On October 17, 2019, the City issued a permit for the replacement of the existing wood fence with a chain link fence with privacy slats. On September 21, 2021, the Chanhassen Planning Commission held a public hearing to consider a request to amend CUP 88-17. No member of the public spoke for or against the requested amendment and the Planning Commission voted unanimously to recommend approval of the requested CUP amendment. During the public hearing, the Planning Commission made the following comments: 1. Clarified that the proposed fencing met the CUP's screening requirements. Staff confirmed that it was the same as what was present on the site and was considered to provide 100% screening. DISCUSSION The applicant is requesting that the City amend CUP 88-17 to allow for a 10,467 square-foot expansion of the outdoor storage area. The expanded outdoor storage area will have a gravel surface, similar to what is present in the existing outdoor storage area, and will be screened by an eight foot-high fence, similar to what is present around the existing outdoor storage area. The applicant is proposing the use of landscaping to soften the visual impact of the fence, and the creation of a drainage swale to manage the stormwater generated by the additional impervious surface. As part of the project, the applicant is proposing relocating the existing trash enclosure from the parking lot to an area behind the building which will create two additional parking spaces, and creating a second driveway access 100 feet to the south of the existing driveway access. The applicant has stated that they believe a second driveway access will improve the site’s traffic circulation and reduce the potential for traffic conflicts created by vehicles backing into the site from Park Drive. Staff has reviewed the applicant’s proposal and believes that it meets the conditions required for issuing a CUP. Furthermore, the proposed landscaping will improve the property’s curb appeal and the second access should improve traffic safety. While the property does have an extensive wetland, the applicant is proposing buffers well in access of the wetlands required combined buffer and structure setback. Since the proposed project conforms to the requirements of the City’s zoning code, staff is recommending approval. A full discussion can be found in the attached Planning Commission staff report. BUDGET RECOMMENDATION Staff recommends that the City Council approve the amendment to Conditional Use Permit 88-17, subject to the following conditions, and adopt the attached Findings of Fact and Recommendation: 1. A building permit must be obtained prior to constructing the fence. 2. A zoning permit must be obtained prior to expanding the outdoor storage area. 3. All items stored in the outdoor storage area must be totally screened by an opaque 8-foot fence and no stored items shall project over the fence. 4. Trash containers must be stored in a fully screened location, i.e. within the outdoor storage area or separate screened trash enclosure. 5. Landscaping must substantially conform to landscape plans submitted to the City on August 19, 2021. 6. Expanded outdoor storage area must substantially conform to the plans submitted to the City on August 19, 2021. 7. The Conditional Use Permit must meet any and all conditions of the site plan approval for Site Plan 88-16. 8. The two existing trees proposed to be protected during construction shall have protection fencing installed around the trees prior to any construction. 9. The applicant shall construct the proposed driveway in accordance with City Standards for commercial driveways and apply for a Driveway Permit from the Engineering Department. 10. The applicant shall obtain any and all Riley Purgatory Bluff Creek Watershed District (RPBCWD) permits prior to construction activities. 11. The applicant shall confirm the increase of impervious surfaces as the numbers on the plan are not consistent with the HydroCAD analysis. 12. The applicant shall provide a geotechnical analysis including soil borings. 13. Rate control requirements are shown to be met for the 2-, 10-, and 100-year runoff rates per the HydroCAD modeling results provided. Rate control should be reconfirmed once the updates the modeling have been completed. 14. The MSE3 rainfall distribution shall be used for HydroCAD modeling rather than the Type II distribution currently being used. 15. Rim of the 12” HDPE riser shall be modeled as a horizontal orifice rather than a vertical orifice. 16. The applicant shall show the 10-day snowmelt rate for future submittals. 17. The applicant shall provide an operation and maintenance plan that identifies the maintenance, inspection, and monitoring schedule and responsible party and shall be recorded prior to construction activities. 18. The bottom contour of the drainage swale is shown at a 932 and the invert of the 6” draintile below is at a 931.5 which would not provide any cover over the draintile. The applicant shall confirm elevations within the swale. 19. A detail for the outlet structure (Note 17 on the construction plans) shall be provided to confirm the HydroCAD modeling as it is not entirely clear how many pipes are coming in/leaving based on the information provided. 1. Based on the information provided it appears the HydroCAD model should be updated so Devices #2 (exfiltration), #4 (4” orifice), and #5 (12” rim) should be routed to Device #3 (12” culvert) for the outlet of the drainage swale. 20. The applicant shall add erosion control measures such as inlet protection, sediment control BMPs, and rock construction entrance to the plans to avoid migration of sediment off the construction site. 21. The applicant shall provide elevation and location of the emergency overflow spillway for the swale. 22. The drainage swale shall be reseeded with a wetland or stormwater pond seed mix rather than turf grass. 23. The property may not be subdivided nor may the lot lines of the property be altered. ATTACHMENTS Planning Commission Staff Report dated 9-21-21 Findings of Fact - Executed CUP 88-17 Amended and Restated