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Home My WebLink About6A Archer LLC- CUP Amend PC Report 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: OCTOBER 28, 2019 AGENDA #: 6A PREPARED BY: AMANDA SCHWABE, PLANNER PUBLIC HEARING: NO AGENDA ITEM: CONSIDER AN AMENDMENT TO THE EXISTING CONDITIONAL USE PER- MIT FOR A SELF-SERVICE STORAGE FACILITY WITHIN THE C-3 (BUSI- NESS PARK) USE DISTRICT DISCUSSION: Introduction Archer LLC, DBA Select Space Storage, has applied for an amendment to the existing Conditional Use Permit for a self -service storage facility in the C-3 (Busi- ness Park) Use District. The request is to revise the language in one condition of approval related to expiration of the CUP and renewal. The subject property is located at 4370 Fountain Hills Drive NE; west of Pike Lake Trail NE, east of CSAH 21 and south of CSAH 42. History The Planning Commission approved the Conditional Use Permit to allow the self- service storage facility in March 2017. In May 2017 the CUP was amended to allow the originally approved exterior elevation plan to be revised. Construction began on the Select Space Storage facility in August of 2017 with an opening in July 2018. Current Circumstances The applicant is pursuing an amendment to their existing Conditional Use Permit to revise the language referencing expiration and renewal as the building has been constructed per the approved plan and is being utilized as intended when approved. PHYSICAL SITE CHARACTERISTICS: Total Site Area: The total site is 3.55 acres; of that, approximately 1.35 acres are utilized by the existing structure, access drive aisles and designated parking. Access: Access to the site is from Fountain Hills Drive NE. 2030 Comprehensive Plan Designation: This property is designated C-CC for Community Retail Shopping on the 2030 Comprehensive Plan Land Use Map. Zoning: The site area is zoned C-3 (Business Park). AMENDMENT REQUEST: The applicant is requesting to revise the following CUP condition as noted with strikethrough and underline below: 2 3. k) The CUP is approved valid for one year but is revocable at any time for noncompliance with any condition contained herein. At the expiration of its one (1) year term, the property owner may make application to the City to renew the CUP. The initial approval of this CUP does not create any right, in law or equity, to the renewal thereof. City staff has reviewed the minutes from the March 2017 Planning Commission meeting and there was no mention of this specific condition or why it was in- cluded. It is staff’s understanding this CUP was approved for the specific project proposed by Archer, LLC and if that project did not come to fruition within the first year the CUP would expire. Since CUPs run with the land, the condition was included to ensure that if the Archer LLC proposal did not move forward, any future self-service storage facility would be required to go through a separate public hearing process. ISSUES: CONDITIONAL USE PERMIT (CUP) AMENDMENT ANALYSIS: Section 1108.208 of the City Code allows for a minor amendment for modifica- tions of a Conditional Use Permit which will not have an effect on the following: (1)Required Parking The CUP requires a minimum of 12, off-street parking spaces. The conditions of the CUP do not allow outdoor storage, servicing of vehicles or residential living units. The conditions, combined with the use having no exterior self-service storage doors, were taken into consideration when reviewing the approved parking configuration. No changes are proposed to the parking with this request. (2)Required Yards No changes are proposed to the existing structure or parking or parking with this request. (3)Floor Area Ratios No changes are proposed to the building footprint or parking with this request. (4) Signage No changes are proposed to the facility signage with this request. (5)Building Height No changes are proposed to the building with this request. (6) Density No changes are proposed to the site with this request. (7)Covenants or Agreements required by the original CUP No changes are proposed to covenants or agreements required by the original CUP. 3 (8)Changes in CUP’s issued in flood plain districts The requested change has no impact on structure or site improvements in the flood plain. Conclusion The existing site improvements satisfy the intention of condition 3. k) and all other conditions in Resolution 17-03PC and 17-11PC will remain in effect. As a result, Staff is recommending approval of the proposed language amendment subject to the following condition: a.The resolution of approval of the Conditional Use Permit Amendment shall be recorded at the Scott County Recorder’s Office. ALTERNATIVES: 1.Approve the amendment to the existing conditional use permit subject to the above condition. 2.Table this item to a date specific and provide the applicant with direction on the issues that have been discussed. 3.Deny the request based on specific findings of fact. RECOMMENDED MOTIONS: City Staff recommends Alternative #1. ATTACHMENTS: 1.Resolution 19-XXPC 2.Location Map 3.Applicant Narrative Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com 4646 Dakota Street SE Prior Lake, MN 55372 CONDITIONAL USE PERMIT RESOLUTION 19-XXPC AMENDMENT TO A CONDITIONAL USE PERMIT FOR A SELF-SERVICE STORAGE FACILITY WITHIN THE C-3 (BUSINESS PARK) USE DISTRICT Motion By: Second By: WHEREAS, The Prior Lake Planning Commission considered a request from Archer, LLC DBA Select Space Storage on October 28, 2019 to approve a Conditional Use Permit (CUP) Amendment to revise the language of condition 3. k) associated with CUP expiration and renewal for a Self-Service Storage Facility in the C-3 (Business Park) Use District at the following property: Lot 1 Block 1, Fountain Hills Addition Scott County, Minnesota. Address: 4370 Fountain Hills Drive NE PID: 253630010 WHEREAS, WHEREAS, WHEREAS, WHEREAS, Resolution 17-03PC approved a CUP for self-service storage facility with condition 3. k) which specified a one-year CUP term with annual renewal; and Archer, LLC DBA Select Space Storage completed the approved site improvements in 2018, satisfying the intention of condition 3. k); and Archer, LLC DBA Select Space Storage is proposing to replace the language in condition 3. k) as follows: This CUP is approved but is revocable at any time for non-compliance with any condition contained herein. The Planning Commission may grant a minor amendment without a public hearing per Section 1108.207 of the Prior Lake Zoning Ordinance; and WHEREAS, The Planning Commission finds the proposed CUP Amendment is compatible with the stated purposes and intent of the Zoning Ordinance as they relate to conditionally permitted uses, and further, that the proposed Amendment meets the criteria for approval of a minor amendment as per Section 1108.208 of the Prior Lake Zoning Ordinance. NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF PRIOR LAKE: 1. The recitals set forth above are incorporated herein. 2. The Planning Commission hereby adopts the following findings: a. The proposed amendment will not have an effect on the following: (1) Required Parking The CUP requires a minimum of 12, off-street parking spaces and does not allow outdoor storage, servicing of vehicles or residential living units. The conditions of the CUP, combined with the structure not having exterior self-service storage doors, were taken into consideration when the existing parking configuration was approved in 2017. No changes are proposed to the parking with this request. (2) Required Yards No changes are proposed to the existing structure or parking or parking with this request. (3) Floor Area Ratios No changes are proposed to the building footprint or parking with this request. (4) Signage No changes are proposed to the facility signage with this request. (5) Building Height No changes are proposed to the building with this request. (6) Density No changes are proposed to the site with this request. (7) Covenants or Agreements required by the original CUP No changes are proposed to covenants or agreements required by the original CUP. (8) Changes in CUP’s issued in flood plain districts The requested change has no impact on structure or site improvements in the flood plain. 3. The CUP Amendment is hereby approved, subject to the following conditions: a. The resolution of approval of the Conditional Use Permit Amendment shall be recorded at the Scott County Recorder’s Office. CONCLUSION Based upon the Findings set forth above, the Planning Commission hereby grants an amendment to the Conditional Use Permit to allow the replacement of language for condition 3. k) related to CUP expiration and renewal for a self-service storage facility in the C-3 (Business Park) Use District. The contents of Planning Case File #PDEV19-000029 are hereby entered into and made a part of the public record and the record of the decision for this case. PASSED AND ADOPTED THIS 28TH DAY OF OCTOBER 2019. _______________________________ Bryan Fleming, Commission Chair ATTEST: _________________________________ Casey McCabe, Community Development Director VOTE Fleming Tieman Tschetter Kallberg Ringstad Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Ü 4370 Fountain Hills Drive NE Conditional Use Minor AmendmentLocation Map LO WER PRIO R LAKE GD (904) PIKE LA KE NE(820.5) MYS TIC LA KE NE HAA S LA KE NE(907.3) ARTIC LA KE NE(906.7) HOWA RD LA KE NE (957.3) SUBJECTPROPERTY SUBJECT PROPERTY ARCHERLLC +370 Fountain Hills Drive NE Prior Lake, MN 55372 October 22,20L9 Amanda Schwabe Planner City of Prior Lake 4646 Dakota Street SE Prior Lake, MN 55372 RE: Request for Amendment Clarifying Conditional Use Permit Case File #: DEV17-001005 PID#: 25-363-001-0 Dear Ms. Schwabe: Attached please find an Application for Amendment to Conditional Use Permit ("CUP") for the above referenced project, which is located at4370 Fountain Hills Drive NE, Prior Lake, MN. We are making this request to clarify the application of Section 3(k) of the originally issued CUP. The original language of Section 3[k) reads: This CUP is valid for one year but is revocable at any time for non-compliance with any condition contained herein. At the expiration of the one [1J year term the property owner may make application to renew the CUP. The initial approval of this CUP does create any right, in law or equity, to the renewal thereof. We understand the intent of this provision was to reserve the City's rights to re-approve the CUP if the contemplated projectwas not completed within the one year time frame. It was not intended that the City would, after completion of the project, require continuous annual renewals of the CUP into the future. Of course there was the mutual intent to require continued compliance with the conditions set forth in the CUP. The project was completed within the one-year time frame and in compliance with all plans and specifications as approved by the City. The property owner has complied with all condrtions. 2li64906. I We are requesting amendment of the CUP to clarify that future annual renewal applications are not required [as the current version reads). AIso we would like assurance that current and future owners of the property are not held to that language (which could be a cloud on marketability of title) but are still required to continue compliance with all conditions of the CUP. This seems to be a fair balancing of the interests of the property owner and the City and is consistent with the original intent of the provision. The request is therefor to replace the current Section 3 [k) with the following, effective as of approvalof this amendment: This CUP is approved but is revocable at any time for non-compliance with any condition contained herein. Please let us know if there are any further questions or rf we can provide any additional information Very truly yours, ARCHER, LLC 2864906.t