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3. Nick's Storage & Parking CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us 3 MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Angie Auseth, Planner I t)'W' DATE: July 14, 2008 SUBJ: Nick's Storage and Parking CUP 87-2 Amendment 1900 Stoughton Avenue - Planning Case #08-10 PROPOSED MOTIONS: A. The City Council approves an amendment to Conditional Use Permit #87-2 to permit a total of 60 outdoor storage spaces to be located in Phase III of the site subject to conditions 1 through 13 in the staff report. B. The City Council approves a sign variance to allow one monument sign along Highway 212 frontage, in addition to the permitted monument along Stoughton A venue with conditions 1 through 4 in the staff report. City Council approval requires a majority of City Council present. EXECUTIVE SUMMARY The applicant is requesting an amendment to Conditional Use Permit 87-2 to allow a total of 60 outdoor storage stalls and a sign variance to permit a monument sign along Highway 212 at an existing mini-storage facility. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on June 17,2008. The Planning Commission voted unanimously to approve the motion recommending approval of the conditional use permit and sign variance. The Planning Commission discussed the complexity of the application due to the fact that the original 1987 Conditional Use Permit (CUP) was approved for a 16.29- acre parcel. The parcel was later split in 2004 into two parcels, A and B. Parcel A (the subject site) contains the mini-storage facility and is reliant on Parcel B for green space. Since the CUP continues to encompass both parcels, Parcel B has limited development opportunity until MUSA phasing, scheduled for 2015. The original CUP approval showed a ponding area located on Parcel B, which was never constructed. Being that the parcels are now under separate ownership, the applicant can only control what is done on Parcel A. While the original ponding site The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Todd Gerhardt July 14, 2008 Page 2 on Parcel B is the lowest lying area on both Parcels governed by CUP 87-2, the owner of Parcel B has minimal incentive to work with the applicant to construct the ponding, because future development of that parcel is very limited by the conditions of the CUP. As part of the applicant's proposal, stormwater treatment for the facility is required. The applicant is proposing to install two infiltration ponds on the north and east side of the storage buildings. These proposed infiltration ponds do not fully meet NURP requirements; however, they are a vast improvement to the original holding pond approved in 1987, which predates NURP standards. The Planning Commission proposed language to clarify the number of outdoor parking stalls to state "a total of 60 outdoor parking stalls" rather than "60 additional outdoor storage stalls". In 1992, City Council approved outdoor storage of 24 rental trucks and trailers. The sign variance recommendation is to allow one monument sign along Highway 212 in addition to the monument sign along Stoughton A venue. The applicant requested that the pylon sign be allowed instead, because it has greater visibility. The Planning Commission noted that any business within the City could make an argument that pylon signs would generate more business and that the second monument sign is a reasonable request, subject to the conditions outlined in the staff report. A second comment regarding the signage for the site is that the property borders Chaska and the pylon sign fits in with its neighboring Chaska businesses. Staff surveyed the businesses in Chaska and determined that the culvert business (directly north of Parcel B) does not have a free-standing sign, and Ferrell Gas does have a pylon sign, which appears to be smaller is size than the pylon sign located at Nick's Storage and Parking. The Planning Commission minutes for June 17, 2008 are item la of the July 14, 2008 City Council packet. RECOMMENDATION Staff and the Planning Commission recommend adoption of the amended motion as specified on pages 11 through 13 in the staff report dated June 17, 2008 approving the conditional use permit and sign variance. ATTACHMENT 1. Planning Commission Staff Report Dated June 17,2008. g:\plan\2008 planning cases\08-1 0 nick's storage & parking\executive summary. doc CC DATE: 7/14/08 [l] PC DATE: 6/17/08 CITY OF CHANHASSEN REVIEW DEADLINE: Waived CASE #: 08-10 BY: AA, AF, JM, TJ, JS PROPOSED MOTIONS: A. The Plannin; Commission recommends approval of City Council approves an amendment to Conditional Use Permit #87-2 to permit a total of 60 additional outdoor storage spaces to be located in Phase III of the site subject to conditions 1 through 13 in the staff report and adoption of the attached Findings of Fact and Recommendation." B. "The Planning Commission recommends approval of City Council approves a sign variance to allow one monument sign along Highway 212 frontage, in addition to the permitted monument along Stoughton A venue with conditions 1 through 4 in the staff report and adoption of the attached Findings of Fact and Recommendation." SUMMARY OF REQUEST: The applicant is requesting an amendment to Conditional Use Permit No. 87-2 to expand the outdoor parking area to allow 60 outdoor storage stalls (current approval allows up to 24 rental vehicles); and a Sign Variance Request. LOCATION: 1900 Stoughton Avenue APPLICANT: Mr. Jacques Gibbs 6921 Beach Road Eden Prairie, MN 55344 612-386-3140 gibbs@nmfn.com Mr. Craig Mertz Craig M. Mertz Law Office, P.S.c. 600 Market Street, Suite 240 P.O. Box 623 Chanhassen, MN 55317 PRESENT ZONING: Fringe Business (BF) District 2020 LAND USE PLAN: Office Industrial ACREAGE: 6.82 of 16.29 acres DENSITY: N/A LEVEL OF CITY 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. The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for variance. The City has a relatively high level of discretion with a variance because of the burden of proof is on the applicant to show that they meet the standards in the ordinance. Nick's Storage & Parking June 17,2008 Page 2 of 13 PROPOSAL/SUMMARY The subject site (Parcel A) is located at the intersection of Highway 212 and Stoughton A venue, near the Chaska border and is zoned Fringe Business (BF) District. The BF district allows cold storage as a Conditional Use Permit (CUP 87-2), screened outdoor storage as an Interim Use Permit (IUP 92-1) and one 24 square-foot, 5-foot high monument sign. ADJACENT ZONING: The property to the northwest (Parcel B) is vacant and is also governed by Conditional Use Permit 87-2 (this issue is discussed in detail in the BACKGROUND section of the report). The property to the northeast, across Highway 212, is zoned Agricultural Estate (A2) District. The property to the east is a single-family home and zoned Fringe Business (BF) District. The property to the south is a single-family home and is zoned Agricultural Estate District (A2). WATER AND SEWER: Water and sewer service is not available to the site until Municipal and Urban Service Area (MUSA) phasing, scheduled for the year 2015. The applicant will need to provide stormwater improvements for the subject site. The storm water improvements must comply with Natural Urban Runoff Protection (NURP) standards. Nick's Storage & Parking June 17,2008 Page 3 of 13 APPLICABLE REGUATIONS Chapter 20, Article II, Division 3, Variance. Chapter 20, Article IV, Conditional Use. Chapter 20, Article XX, Fringe Business District. Chapter 20, Article XXVI, Division 1, Sign Variance. BACKGROUND On May 4, 1987, the Chanhassen City Council approved Conditional Use Permit (CUP) 87-2 which was comprised of 16.29 acres (area outlined in red in the photo below); the subject site (Parcel A: 6.82 acres); and the abutting parcel to the north and west (Parcel B: 9.47 acres). The CUP was approved for eight storage buildings to be constructed in three phases; a stormwater pond on the northernmost comer of Parcel B; and one monument sign along Stoughton Avenue. The storage buildings in Phases I and II were constructed soon after approval of the CUP and occupied approximately 20% of the total 16.29 acres, while Phase III remained vacant. A condition of CUP 87-2 prohibited outdoor storage on the site. On February 10, 1992 the Chanhassen City Council approved an amendment to CUP 87-2 to allow the rental of trucks and trailers with the following conditions: Nick's Storage & Parking June 17,2008 Page 4 of 13 1. The applicant shall provide a landscaped screen with evergreens along the fence line at the southwest comer of the site. This condition has been met 2. The storage of the trucks and trailers shall be confined to the area shown on the site plan and the area shall have a gravel surface. This condition refers to the area along the fence line in the area labeled Phase III. located in the northwest corner of Parcel A (approximately 3% of the 16.29 acres). The site is in violation of this condition. There are vehicles being stored throughout the Phase III area as well as along the eastern portion of the property. Also, the current owners have discontinued the rental service and are storing miscellaneous vehicles such as boats, recreational vehicles, motorcycles, personal trailers, cars, etc. 3. The applicant shall provide a landscaping plan acceptable to the Planning Commission and a letter of credit shall be submitted to cover the cost of material installation and one-year warranty. This condition has been met 4. There shall be no more than 20 trucks and 4 trailers and no trucks can exceed 26 feet in length. The current number of vehicles stored on site far exceeds the number specified in this condition. Also, the applicant is requesting an amendment to this condition to allow 60 parking stalls. The City Council also approved the first reading of an amendment to the Fringe Business District to allow screened outdoor storage as an Interim Use in the BF district. The City Council tabled action on the Interim Use Permit (IUP) to allow outdoor storage until the second reading ofthe ordinance amendment. On February 24, 1992 the City Council approved the second reading ofthe zoning ordinance amendment to allow screened outdoor storage as an Interim Use Permit in the Fringe Business (BF) District. The City Council also approved Interim Use Permit 92-1 to allow screened outdoor storage for the mini-storage facility located at 1900 Stoughton Avenue. Administrative Subdivision Minnesota State Statue 272.162 exempts commercial parcels that result in an area of five acres or larger from the subdivision process. As such, the 16.29-acre parcel was administratively subdivided into two parcels, Parcel A (6.82 acres) and Parcel B (9.47 acres), and was recorded at the Carver County offices on June 22, 2004. This lot split did not require a public hearing nor did City subdivision regulations apply. Nick's Storage & Parking June 17,2008 Page 5 of 13 When the 16.29-acre parcel was split, creating Parcel A and Parcel B, the legal description for Conditional Use Permit 87-2 was not amended to exclude either parcel. Therefore, the conditions of approval for CUP 87-2 and IUP 92-1 are still applicable to both Parcels A and B. Parcel A contains the approved storage buildings and outdoor storage area (Phase III) and Parcel B contains the approved green space and ponding area. Parcel A was sold to the applicant in 2004. As a result, Parcels A and B are now under separate ownership. This creates a conflict with regard to enforcing the conditions of approval or revoking the conditional use permit in its entirety. The required pond located on Parcel B was never installed, nor is there a drainage and utility easement allowing Parcel A access to that area or the authority to install the pond. Parcel A does not have the capacity to install an adequate NURP pond on site. The applicant is requesting relief from staffs interpretation that a NURP pond must be installed due to the fact that the storage facility has been operating under these existing conditions for over 20 years. Parcel B is also limited with regard to the use and potential future development of the property. Future improvements on the site may require an amendment to the conditional use permit. The property owner was notified ofthe limitations via certified mail, dated May 22, 2008. To eliminate similar situation from occurring in the future, the City will be reviewing a future ordinance amendment alerting property owners to potential revocation or require a CUP/IUP amendment to ensure compliance with the city code due to subdivision of a property with an approved CUP or IUP. Signs In 2007, staff received a phone call inquiring about storage of vehicles on the site for an internet vehicle sales company. This triggered the compliance inspection of the site. Upon inspection on August 8, 2007, staff noticed several signs were in the process of being refaced. Two ofthe three permanent signs were completed; however, the new sign face was not yet installed on the pylon sign. Staff instructed the installers to stop installation of the pylon sign face as they had not received a permit to ref ace any ofthe signs, nor do they meet the sign ordinance requirements. The BF district is permitted one ground low-profile sign. Such sign may not exceed 24 square feet of sign display area nor exceed 5 feet in height. The original site plan for the mini-storage showed the sign along Stoughton Avenue. The current monument sign along Stoughton Avenue exceeds the ordinance requirements and is 48 square feet and 10- feet tall. Additionally, two other permanent signs were erected on the site, over the years, without sign permit approval. These non-permitted signs include a 60 square-foot, 18-foot tall pylon sign on the north side ofthe subject site and a 48 square-foot, 8-foot tall monument sign along Highway 212 (MnDOT right-of-way). Staffwas unable to locate sign permits for any of the signs located on the site. Following that inspection, staff further researched the conditional use permit for the mini storage, at which time staff noted the following: Nick's Storage & Parking June 17,2008 Page 6 of 13 I. The 16.29-acre parcel was split and is now under separate ownership, and the approved pond in the north comer of Parcel B was never constructed. This is a violation of the conditions of approval for the CUP. 2. The outdoor storage of various vehicles on the property exceeds the approved 24 rental trucks and trailers and had expanded from Phase III to the include the east side ofthe property.; 3. The aforementioned non-permitted signs exceed the sign ordinance, both in size and number. ANALYSIS Although the originaI16.29-acre parcel has been split into two separate parcels, the legal description for approved Conditional Use Permit 87-2 was not amended to exclude either parcel and therefore governs both Parcels A and B. The applicant purchased Parcel A containing the mini storage facility in October of2004, and has been operating it with the current violations, including the lack of stormwater treatment, several illegal signs, and excess outdoor storage, prior to the August 2007 compliance inspection. Stormwater Treatment The ponding area is located the northernmost comer of Parcel B. The CUP 87-2 staff report addresses the pond, labeling it a detention pond. The report states; "A detention pond sized for the pre-development runoff rate should be provided to hold the water prior to discharging from the site. The runoff would then be discharged to the culverts under Highway 212." May 4, 1987 Condition of Approval (4) "A detention basin should be included in the site drainage plan and be designed to limit the on-site runoff to the predevelopment rate for a 100-year storm event." The National Urban Runoff Program (NURP) requirements were not recommended by the Federal Government until 1988 and the City did not adopt NURP standards until 1991, when the Surface Water Management Plan (SWMP) was adopted. The requirements for the 1987 proposed pond are not consistent the current on-site water treatment requirements. If the pond would have been constructed, the applicant would have the right to continue to use it in its current condition. Additionally, Parcel A does not have a drainage easement with the owner of Parcel B to access or construct the pond area to meet the current requirements. In addition to the lack of stormwater treatment, there is evidence that the runoff from the storage facility drains directly into the Highway 212 right-of-way, rather than to the 1987 approved ponding area on Parcel B. The drainage into the Highway 212 right-of-way has caused erosion within that area. Nick's Storage & Parking June 17,2008 Page 7 of 13 The applicant worked with MnDOT to remedy the erosion along Highway 212 right-of-way, caused by the runoff from the storage facility. 7.5" 10 CORRUG. P!...AST'K: PIPE SURROUNOEC BY fUPRA? ATOUtt.ET The applicant constructed a swale, catch basin with an underground pipe and a rip- rapped daylight outlet. The purpose was to guide the drainage in a northwesterly direction along the southerly right-of-way of State Highway 212. The drainage then stays in the right-of-way until it runs under Highway 212, via the culvert, and enters Assumption Creek. There is no evidence of storm water treatment prior to entering the creek. requires written approval from MnDOT. Discharge to the 212 right-of-way The applicant states that storage buildings have been on the site without adequate ponding for over 20 years and they do not have access to the 1987 approved ponding area located on Parcel B, nor does Parcel A have the capacity to provide the required ponding. The applicant is working with staff to maximize the stormwater improvements on their site to the best of their ability. The proposed improvements are more effective than the original holding pond required as a condition of approval in 1987. The applicant is proposing the addition of two infiltration ponds; one east of the storage buildings (removal of illegal outdoor storage), and one north of the storage buildings with a release directed toward the approved ponding area on Parcel B. This is the natural low-lying area approved for the detention basin for the parcels regulated under CUP 87-2. Upon review of the HydroCAD calculations for the two proposed Infiltration Ponds, submitted by McCain and Associates dated May 28, 2008, staff concludes the following: 1. Based on the calculations for the combined pond, the capacity will be exceeded for the north pond during the 100-year event. An emergency overflow must be shown for both ponds. This emergency overflow shall require permanent stabilization. Nick's Storage & Parking June 17,2008 Page 8 of 13 2. Staff is concerned with concentrating the flow from the pond outlet to Parcel B. An alternative outlet must be utilized to minimize disruption to Parcel B. 3. Based upon existing soil conditions and pond design, infiltration is likely to occur. This should be accounted for in the model. 4. A detailed erosion control plan will be needed. At a minimum, this plan shall include: a. Erosion control blanket (category 3) on all slopes 3:1 or steeper. This includes the ponds. b. Perimeter silt fence needs to be shown. This shall be heavy duty down gradient of the two pond features and any removals associated with the storm sewer placement. c. A re-vegetation plan for all disturbed areas. Deep-rooted woody vegetation should be used along the north side of the north pond. 5. The area adjacent to the northern limits ofthe proposed outdoor storage area should have some type of filter strip and energy dissipation best management practice. While the proposed infiltration ponds do not meet all of the NURP standards; based upon the site constraints, with the exception of the above comments, the applicant has taken adequate measures to address stormwater treatment and rate control. Staff is concerned about the maintenance of these ponds; therefore, a drainage and utility easement over the ponds is being requested. The submitted stormwater calculation.s shall be revised as necessary prior to installation of the Infiltration Ponds. The proposed storage spaces are included in the drainage calculations for the proposed ponds. The current parking stalls on the east side of the property will be removed and replaced with the above- mentioned infiltration ponds. The total impervious coverage for Parcels A and B is 3.79 acres or 23% of both parcels under CUP 87-2 and IUP 92-1. Outdoor Storage Documentation on file at City Hall for the mini-storage facility shows the condition of approval prohibiting outdoor storage has been an ongoing violation. The earliest documentation is from September, 1991. Following the 1992 amendment to allow storage of rental trucks and trailers, there is documentation from 1997, 1999, and 2007 which also reflects the storage of boats, RV's and other miscellaneous vehicles, none of which are permitted via CUP 87-2. The condition of approval for the 1992 CUP amendment limited the storage to the west fence line in Phase III and required a gravel surface; i.e. there shall be no more than 20 trucks and 4 trailers and no trucks can exceed 26 feet in length. Upon purchasing the mini-storage in 2004, the applicant discontinued the truck rental use and continued the outdoor storage of various vehicles. Upon the 2007 city inspection, the applicant was informed that the outdoor storage on the site was limited to the rental trucks and trailers and along the west fence line of Phase III of the site. The applicant would like to expand the outdoor storage to allow a total of 60 parking spaces for miscellaneous vehicle storage, i.e. boats, R V's, cars, Nick's Storage & Parking June 17,2008 Page 9 of 13 motorcycles, etc. in Phase III. There will not be any grading required as part of the requested amendment to the CUP as the area labeled Phase III was the approved location of the rental truck and trailers in 1991. With the addition of the outdoor storage spaces, the landscaping must also be increased to screen the outdoor storage. City Code requires all outdoor storage to be 100 percent screened from public view. As shown on the right, the storage area is visible when traveling along Highway 212. To remedy this, the applicant is proposing to add landscaping along the north side of the existing fence line to supply adequate screening. This will decrease the visual impact on the neighboring properties. The mini-storage hours of operation are Monday through Friday 9am to 6pm, Saturday lOam to 3pm, and closed on Sunday. The applicant has upgraded the site by installing a video security system that runs 24 hours a day, 7 days a week, and an automated entrance gate that operates from 6:30 am to 8 pm daily. The addition of the security cameras and self-closing gate is beneficial to the safety of the site and will decrease possible vandalism and limit any danger to the public health, safety, comfort, and general welfare of the neighborhood. Staff is recommending approval of the amendment to expand the outdoor storage in Phase III to allow a total of 60 parking stalls with conditions. Signs The site was purchased by the by the applicant in 2004 and the name ofthe mini-storage changed to Nick's Storage & Parking. All ofthe signs are currently nonconforming or illegal and were ref aced without permit approval and do not comply with the City's sign ordinance. A sign variance may be granted where it is shown that by reason of topography or other conditions, strict compliance with the requirements of this ordinance would cause a hardship. The BF district permits one ground low-profile sign not to exceed 24 square feet of sign display area and shall not exceed 5 feet in height. The original site plan for the mini-storage showed the sign along Stoughton Avenue. However, over the course of the 20 years since the approval of the mini-storage in 1987, two additional signs, a monument and a pylon sign, have been erected on the north side of the site, visible along Highway 212. Nick's Storage & Parking June 17,2008 Page10of13 Sign 1 The applicant is requesting a variance to allow the existing non-conforming 64 square-foot, 10-foot tall monument sign along Stoughton A venue. The monument sign was ref aced in 2007 without a permit and the size and sign face do not meet the requirements of the sign ordinance. City Code requires dimensional lettering a minimum V2-inch deep and limits the logo area to 15% of the sign display area. Staff is proposing to amend the sign ordinance to allow flat lettering on monument signs, and limiting the logo area to 20% of the sign display area. Staff is recommending denial of the sign variance to allow Sign 1. The applicant must replace Sign 1 with a sign that complies with the Sign Ordinance requirements, and must receive sign permit approval. Sign 2 There is a 48 square-foot, 8-foot tall monument sign along Highway 212. This sign was not approved with the original site plan for the CUP. Staff is not sure when this sign was erected. Staff understands that there was a pre-existing illegal sign installed by the prior owners some time ago and it appears to be located within the State right-of-way. The current owners replaced the sign in 2007 and have agreed to remove it; however, staff would support a sign variance to allow one monument sign along the Highway 212 frontage, provided it complies with the Sign Ordinance requirements and must receive sign permit approval. Sign 3 There is also a 60 square-foot, 18-foot tall illuminated pylon sign facing Highway 212. The applicant is requesting a variance to allow the pylon sign. The pylon sign currently sits empty as the installers were instructed to stop installing the sign since they did not have permit approval to reface the sign. Additionally, this sign was never permitted as part of the Conditional Use Permit. The BF district does not permit pylon signs; therefore, the pylon sign is a continuing violation of city code. I-- 10' T', ]\1 "~I 6'\' Ill' IIII --I' II" 'rl I - 1111 ,\ ~ - - j ,II" !lS' Nick's Storage & Parking June 17,2008 Page 11 of 13 Staff is recommending denial of the sign variance to allow Sign 3 (pylon sign). Sign 4 A 24 square-foot double-sided temporary, off-premise directional sign was also added at the comer of Highway 212 and Stoughton A venue. This sign does not meet the requirements ofthe City's Sign Ordinance for directional signage. On-premise directional signs do not require permit approval; however, there are limitations to the size and height of a directional sign. Section 20-1255 (2) allows up to 4 directional signs per lot. A directional sign shall not exceed 4 square feet and or 5 feet in height. Off-premise directional signs require City Council approval and shall only be permitted where access is confusing and traffic safety could be jeopardized or inappropriately routed through residential streets. The applicant has agreed to remove this sign. All of the signs currently located on the site are a continuing violation of City Code. Staffis recommending approval of a sign variance to allow one 24 square-foot, 5- foot tall monument sign along Highway 212 frontage with conditions. Landscaping The applicant shall provide screening for the northwest comer of Parcel A. A total of 15 Black Hills Spruce shall be planted at existing spacing to fully screen the outdoor storage area. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motions and adoption of the attached findings of fact and action: A. "The Planning Commission recommends approval of City Council approves an amendment to Conditional Use Permit #87-2 to permit a total of 60 additional outdoor storage spaces to be located in Phase III ofthe site with the following conditions: 1. The 60 parking stalls for various vehicle storage, shall be confined to the area labeled Phase III in the staff report and the area shall have a gravel or grass surface. 2. The applicant shall provide 15 Black Hills Spruce along the fence line to provide 100 percent screening of the outdoor storage area. 3. The applicant shall work with staff to maximize the stormwater treatment on Parcel A. __.__~_____~__.~_~J Nick's Storage & Parking June 17,2008 Page 12 of 13 a. Based on the calculations for the combined pond, the capacity will be exceeded for the north pond during the 100-year event. An emergency overflow must be shown for both ponds. This emergency overflow shall require permanent stabilization. b. An alternative outlet must be utilized to minimize disruption to Parcel B. 4. The submitted stormwater calculations shall be revised as necessary prior to installation of the Infiltration Ponds. 5. Storm pipe material shall be HDPE or RCP. 6. Based upon existing soil conditions and pond design, infiltration is likely to occur. This should be accounted for in the model. 7. A detailed erosion control plan will be needed. At a minimum this plan shall include: a. Erosion control blanket (category 3) on all slopes 3:1 or steeper. This includes the ponds. b. Perimeter silt fence needs to be shown. This shall be heavy duty down gradient of the two pond features and any removals associated with the storm sewer placement. c. A re-vegetation plan is required for all disturbed areas. Deep-rooted woody vegetation should be used along the north side of the north pond. 8. The area adjacent to the northern limits of the proposed outdoor storage area should have some type of filter strip and energy dissipation best management practice. 9. The applicant shall provide security to ensure the infiltration ponds are installed. 10. Any discharge to the Highway 212 right-of-way requires written approval from MnDOT. 11. A drainage and utility easement shall be placed over the infiltration ponds up to the high water level. 12. Any additional development to Parcel A or Parcel B shall require additional stormwater ponding. 13. The 60 outdoor storage units shall not increase the hard surface coverage on the site. B. "The Planning Commission recommends approval of City Council approves a sign variance to allow a monument sign along Highway 212 frontage, in addition to the permitted monument sign along Stoughton A venue with the following conditions: Nick's Storage & Parking June 17, 2008 Page 13 of 13 1. The monument sign along Highway 212 shall comply with the sign ordinance requirements of the Chanhassen City Code. 2. The sign along Stoughton Avenue shall comply with the sign ordinance requirements of the Chanhassen City Code. 3. The pylon sign along Highway 212 must be removed. 4. A sign permit must be approved prior to replacing the monument signs along Stoughton Avenue and Highway 212. ATTACHMENTS 1. Findings of Fact. 2. Development Review Application. 3. Stormwater Appeall..etter dated June 3, 2008. 4. Discussion of Proposed Stormwater Controls. 5. Survey of Entire Site. 6. Survey of Existing Conditions 7. Survey of Proposed Conditions. 8. Original Conditions of Approval for CUP 87-2 and IUP 92-1. 9. Public Hearing Notice and Affidavit of Mailing. g:\plan\2008 planning cases\08-1 0 nick's storage & parking\staff report.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION INRE: Application of Jacques Gibbs for an amendment to Conditional Use Permit 87-2 to allow 60 outdoor parking stalls and an after-the-fact sign variance request for Nick's Storage and Parking in the Fringe Business (BF) District. On June 17, 2008, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Jacques Gibbs for an amendment to conditional use permit 87-2 and an after-the-fact sign variance for property located at 1900 Stoughton Avenue. The Planning Commission conducted a public hearing on the proposed Conditional Use Permit amendment and after-the-fact sign variance which was 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 Fringe Business (BF) District. 2. The property is guided by the Land Use Plan for Office/Industrial. 3. The legal description of the property is shown in the attached Exhibit A. 4. When approving a conditional use permit, the City must determine the capability of a proposed development with existing and proposed uses. The general issuance standards of the conditional use Section 20-232, include the following 12 items: a. Will not be detrimental to or enhance the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. Finding: The original Conditional Use Permit was approved in 1987 and is therefore a temporary use until MUSA phasing scheduled for 2015. When sewer and water become available to the site, the parcels may be rezoned to Office/Industrial and accommodate a more intense use. Approval of the amendment to Conditional Use Permit 87-2 to allow 60 parking stalls will not be detrimental to the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. The outdoor storage area labeled Phase III was approved in 1992; however, it was specific to the number and type of vehicles stored on the site. The applicant has installed security cameras and an automated entrance gate which is only operable during scheduled business hours. The applicant will provide additional landscaping along the fence line to provided 100 percent screening to traffic along Highway 212. 1 b. Will be consistent with the objectives of the city's comprehensive plan and this chapter. Finding: The site received a conditional use permit in 1987 for the existing mini- storage facility. Sewer and water is not available to the site until Municipal Urban Service Area (MUSA) phasing, scheduled for 2015. Based on the conditions of approval for the amendment to the CUP, the request is consistent with the city's comprehensive plan. The Conditional Use Permit allows reasonable use of the property until sewer and water become available, at which time the site may be rezoned to Office/Industrial and accommodate a more intense use. c. 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 mini-storage buildings are currently constructed on the site. Outdoor storage was approved in 1992 for 24 rental trucks and trailers. Adding 60 stalls for various vehicles may change the trip frequency of the mini-storage; however, the mini-storage facility is open Monday through Friday from 9 a.m. to 6 p.m., Saturday from 10 a.m. to 3 p.m., and closed on Sunday. The applicant has upgraded the site by installing a video security system that runs 24 hours a day, 7 days a week, and an automated entrance gate that operates from 6:30 a.m. to 8 p.m. daily. The character of the area will not change with the addition of the outdoor storage stalls. d. Will not be hazardous or disturbing to existing or planned neighboring uses. Finding: The existing mini-storage facility has been in business since 1987. The addition of 60 parking stalls may increase some of the traffic to the site; however, the mini-storage has specific hours. The gate automatically closes and is locked between the hours of 8 p.m. and 6:30 a.m. e. 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: The site does not have sewer and water services available to the site until MUSA phasing, scheduled in the year 2015. The Infiltration Ponds will provide adequate drainage and stormwater treatment prior to entering Assumption Creek. The site is currently served by Stoughton A venue, which is maintained by the City of Chaska. The applicants have installed security cameras and a self- closing gate on the property for off hours to ensure safety on the site. 2 f. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. Finding: The site will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare ofthe community. The mini-storage has been in operation since 1987 and all outdoor storage shall be 100 percent screened from public view. g. 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: The use will not be detrimental to any persons, property or the general welfare. The addition of 60 storage spaces may increase the traffic to the site; however, the intention of the site is for the storage of recreational vehicles. The hours of operation are limited to Monday through Friday 9 a.m. to 6 p.m., Saturday 10 a.m. to 3 p.m., and closed on Sunday. The applicant has upgraded the site by installing a video security system that runs 24 hours a day, 7 days a week and an automated entrance gate that operates from 6:30 a.m. to 8 p.m. daily. h. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. Finding: The site currently has access off of Stoughton A venue; there have not been any issues with traffic congestion from the site. 1. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. Finding: Based on the conditions of approval for the mini-storage and outdoor storage, the proposed use will not result in the destruction, loss or damage of solar access, natural or scenic or historic feature of major significance. The applicant is proposing to install infiltration ponds that will treat the stormwater to a greater extent than the 1987-approved detention pond, prior to entering Assumption Creek. J. Will be aesthetically compatible with the area. Finding: The mini-storage is an existing facility and will not change the aesthetic appearance of the area. In addition to the proposed 60 parking stalls, as a condition of approval, the applicant will install landscaping to screen the outdoor storage from public view along Highway 212. k. Will not depreciate surrounding property values. 3 Finding: The proposed 60 parking stalls will not depreciate surrounding property values as the storage facility has been in operation for over 20 years. The applicant will also ensure that the outdoor storage is 100 percent screened along Highway 212. 1. Will meet standards prescribed for certain uses as provided in this article. Finding: The mini-storage buildings have been active since 1987 and meet the use criterion of the city code. Based on the conditions of approval, the outdoor storage will meet the 100 percent screening requirement of the city code with the addition of 15 Black Hills Spruce along the fence line. Thus, there will be minimal visibility from Highway 212. While the proposed infiltration ponds do not meet all of the NURP standards required by city code, they will more effectively treat the stormwater runoff than the 1987-approved detention pond, which predates NURP standards. 5. The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts: a. That the by reason of topography or other conditions, strict compliance with the requirements of this ordinance would cause a hardship. Finding: The mini-storage facility was only permitted one sign in accordance with CUP 87-2 to be located along Stoughton Avenue. The monument sign for which the variance is requested does not meet the size or height requirements for the BF district. The location of Sign 1 is clearly visible along Stoughton Avenue and will be clearly visible at 24 square feet and 5 feet tall. There is no topographical reason for Sign 1 to exceed the sign ordinance requirements for the BF district. Sign 3 (pylon sign) was not permitted as part of CUP 87-2, nor is it a permitted use in the BF district. Due to the topography and required landscape screening for the site, a monument sign along Highway 212 is a reasonable request, provided it meets the requirements of the City Code. b. That the variance does not adversely affect the spirit or intent of this ordinance. Finding: The Fringe Business (BF) district allows one sign per lot and the Conditional Use Permit approved one sign along Stoughton A venue. The monument sign along Stoughton A venue far exceeds the requirements of the sign ordinance for the BF district. The pylon sign facing Highway 212 was never permitted and it is not a permitted use in the BF district. The monument and pylon sign are after-the-fact variance requests and are a continuing violation of the city code. The intent of the sign ordinance is to allow a business reasonable opportunity to advertise their name and service. The mini-storage facility has street frontage on 4 Stoughton Avenue and Highway 212. A 24 square-foot, 5-foot tall monument sign is permitted on Stoughton A venue and, due to the topography and required landscape screening, a monument along Highway 212, in addition to the monument sign along Stoughton A venue, is reasonable, provided it meets the requirements of the City Code. 6. The planning report Planning Case #08-10 dated June 17, 2008, prepared by Angie Auseth et al is incorporated herein. RECOMMENDA TION The Planning Commission recommends that the City Council approve the amendment to the conditional use permit to allow 60 outdoor storage stalls and approve a sign variance to allow a monument sign along Highway 212, in addition to the monument sign along Stoughton . Avenue, on property located at 1900 Stoughton Avenue, based on these Findings of Fact. ADOPTED by the Chanhassen Planning Commission this 17th day of June, 2008. CHANHASSEN PLANNING COMMISSION BY: Its Chairman 5 ,. . EXHmIT "A" That part of the Southwest Quarter of the Southeast Quarter of Section 34, Township 116, Range 23, Carver County, Minnesota, lying southwesterly of the southwesterly right- of way-line of U.S. Trunk Highway No. 212; northwesterly of the northwesterly right-of- way of County State Aid Highway No. 10 (Stoughton Avenue formerly the Chaska and Shakopee Road); and easterly and southeasterly of the following described line: Commencing at the southwest corner of said Southwest Quarter of the Southeast Quarter; thence on an assumed bearing of North 89 degrees 11 minutes 32 seconds East along the south line of said Southwest Quarter of the Southeast Quarter a distance of 525.00 feet to the point of beginning of the line to be described; thence North 26 degrees 57 minutes 49 seconds West a distance of 399.00 feet; thence North 62 degrees 19 minutes 46 seconds East a distance of 485.18 feet more or less to said southwesterly right-of-way line ofU.S. Trunk Hi~way 212 and there terminating. il' . EXCEPT~gTHEREFROM THE FOLLOWING DESCRIBED PARCEL: Commencing at the southeast corner of the Southwest Quarter of the Southeast Quarter; thence North 4.06 chains to c.enter of Chaska and Shakopee Road, the point of beginning of tract to be conveyed herewith; thence South 64 degrees 30 minutes West 170 feet to point of center of said road; thence North parallel to East line of said Southwest Quarter of the Southeast Quarter to south line of Trunk Highway No. 51; thence southeasterly along south line Trunk Highway No. 51 to point where sqme intersects East line of said SW v.. of SE 1/4 ; thence south along said east line to place of beginning. Planning Case No 08 - I a CITY OF CHANHASSEN 7700 Market Boulevard - P.O. Box 147 .. n .-" Chanhassen, MN 55317 - (952) 227-1100 CITY OF CHANHASSEN RECEIVED DEVELOPMENT REVIEW APPLICATION APR 0 3 2008 CHANHASSEN PLANNING DEPT PLEASE PRINT Applicant Name and Address: Nick's Storage & Parking 1900 Stoughton Avenue Chaska, MN 55318 Contact: Jacques Gibbs Phone: 612-386-3140 Fax: Email: gibbs@nrnfn.com ~~-- . .--------- -----_.-.__._--_._~-- Owner Name and Address: Progress Valley Storage of Minnesota, LLC Attn: Jacques Gibbs 6921 Beach Road, Eden Prairie, MN 55344 Contact: Jacques Gibbs Phone: 612-386-3140 Fax: Email: Gibbswealthcoach@aol.com NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Temporary Sales Permit x Conditional Use Permit (CUP) Amendment 4-;)-.5 Vacation of Right-of-Way/Easements (VAG) -*- Interim Use Permit (IUP) 6tltdoor ~tora,ge x Variance (VAR) Signs and Hardcover ~06 Non-conforming Use Permit Wetland Alteration Permit (WAP) Planned Unit Development" Zoning Appeal Rezoning Zoning Ordinance Amendment x Sign Permits x Notification Sign ~ (City to install and remove) Sign Plan Review Escr or Filing Fee~~ney CostU IDe - 50 CU SPR!V ACAI..!:BJ)N AP/Metes & Bounds - $450 Minor SUB TOTAL FEE $ CJ88 pd i 1360 C C #7333 C %2.e& n. tr:s 14-.. An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant priorto the public hearing. a.. \ \6-klej~ )( tt~ -= it ""30_~ x Site Plan Review (SPR)" Subdivision" *Sixteen (16) full-size folded copies of the plans must be submitted, including an 8%" X 11" reduced copy for each plan sheet along with a digital copy in TIFF-Group 4 (*.tif) format. ....Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNeo Progress Valley Storage of Minnesota, LLC, d/b/a I?ROJECT NAME: Nick's Storage & Parking LOCATION: 1805 and 1900 Stoughton Avenue LEGAL DESCRIPTION: See Exhibits A and B attached TOTAL ACREAGE: 6.82 acres and .50 acres WETLANDS PRESENT: YES x NO PRESENT ZONING: BF REQUESTED ZONING: BF \ PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: Applicant requests that CUP No. 87-2 and IUP No. 92-1 be am-ended so as to allow 60 outdoor storage stalls (grassed only; not paved or graveled) to be rented to the general public for storage of motor vehicles, boats, trailers, and equipment; as shown on plan attached as Exhibit C. Applicant requests such variances as will allow it to continue to operate its existing including but not limited to signs, hardcover, and outside storage. This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information 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 requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all 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 understand 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. Progress Valley Storage of Minnesota, LLC, _~ d a ick's Sto~ge &~rking ~ l'i\ by. Signature of Applicant Its Ifr-r~ / Signature of Fee Owner OL/-oJ-bg- Date Date G:\pLAN\forms\Development Review Application.DOC Rev. 12/05 SUPPLEMENTAL INFORMATION NICK'S STORAGE, 1900 STOUGHTON AVE., CHASKA (CHANHASSEN), MN 1. 2004 Change in Ownership. In the summer of 2004, Applicant, Progress Valley Storage of Minnesota, LLC, purchased the Gary Brown parking and storage business (and the land and buildings) located at 1900 Stoughton Avenue. 2. Status of Driveway Abutting on SW'ly side. City Staff has noted the presence of a driveway which appears to encroach on the southwesterly edge of Applicant's property. That driveway appears to serve the Dungey property with lies to the west of Applicant's property. Applicant has been unable to locate any recorded document which would authorize the Dungey property to maintain a driveway on Applicant's property. 3. Components Of Brown's Business Prior to the Sale. Brown called his business "Progress Valley Storage". The business consisted of three main components: 1) a U-Haul type rental business, 2) rental of self-storage lockers within the six buildings on the site, and 3) rental of outdoor storage pads for the parking of boats, trailers, and vehicles. Brown established the storage business sometime in 1987. 4. Ten years of Out Door Storage. After the City's Compliance Review in 2007 (see Item No.9 below) Applicant reviewed the City's files on Brown's 1900 Stoughton Avenue business. City files state that Brown's business included rental of out door storage pads since at least 1997. 5. Components of Applicant's Business. Applicant has continued to operate the business, just as Brown had operated it. However Applicant has terminated the U-Haul component. 6. Signage. At the time of Applicant's purchase of the business, the property was served primarily by one sign located at the entrance to the yard on Stoughton Avenue, and one internally illuminated double faced pylon sign visible to Highway 212 near the northeasterly corner of the property. 7. No History of Complaints. Applicant operated the in-door and out-door storage business from the summer of 2004 through the summer of 2007, without complaint from the City or anyone else for that matter. 8. 2007 Damage to Pylon Sign. In the summer of2007 the one of the faces on the Progress Valley pylon sign was storm damaged. Applicant engaged a sign company to perform repairs on the sign, including the installation of replacementsign faces - but using Applicant's trade name of "Nick's Storage & Parking". 9. 2007 Compliance Review. The new Nick's Storage signage triggered a City Compliance Review which was conducted in August of2007. The applicant learned for the first time that city staff had compliance issues with the signage, the outside storage, and hard cover. Applicant was surprised. The pylon sign appeared to be at least 10 years old. Applicant had believed that it was merely continuing Brown's business which had been in place at that location since 1987. 10. Applicant's Goal. Applicant wishes to continue to operate the in-door and outdoor storage business as Brown operated the business it. 11. Loss of the Benefit of the pylon Sign. At the direction of City Staff, Applicant did not install the face panels on the pylon. The pylon and the emptyframe remain in place. 12. Loss of Business. Since removal of the face panels on the pylon, Applicant has experienced a significant drop off in business. Since 2004 Applicant has surveyed its new customers as to how they learned of Applicant's storage business. The majority of new customers have indicated that were drawn in by the illuminated pylon sign on Highway 212. 13. Costs Up, Revenue Down. Applicant's real estate taxes have increased approximately $20,000 over 2004 levels. Vacancies are up, and that is largely due to the loss of the pylon sign. 14. Findings to Support Variances and CUP Requests. Applicant requests the grant of hard cover and sign variances, and CUP/IUP Amendments. The storage business has been in operation at the present location since 1987. With the exception of the termination of the U-Haul business, Applicant has tried to continue to operate the storage business in the same manner as was done under Mr. Brown's ownership. The buildings and internal drives configured the same as under the Brown ownership. [Applicant has a) upgraded exterior building maintenance levels, b) upgraded site security (primarily by video monitoring system), and c) corrected a small wash-out near the NE'ly corner of the property. Dave's Excavating did the repairs. A call to that contractor indicates that the work consisted of repairing the wash out, constructing a swale, constructing a catch basin and an underground pipe, and constructing a rip-rapped daylight outlet. All of which has the effect of guiding drainage in a NW'ly direction along the southerly right-of-way of Highway 212.] Applicant has not created any detriment to the public welfare or the public health, or to the safety/comfort/convenience of the neighborhood, and has not impaired light or the air of adjacent properties. Applicant has not congested the public streets, nor increased fire danger, nor endangered public safety, nor impaired neighborhood property values. Applicant has not impaired service levels required for streets, police protection, fire protection, drainage, refuse disposal, public water and sewer systems, or schools. Applicant's business is not a detriment to community economic welfare, and does not involve uses which produce excessive traffic, noise, smoke, fumes, glare, odors, rodents, or trash. Applicant's business does not result in loss of solar access, or loss of natural/scenic/historic features, or loss of aesthetic compatibility with the area. 15. Applicant's Business Offers Zoning Enforcement Benefit. Applicant believes that its storage business serves a public purpose. In residentially zoned areas of the City, certain out-side storage activities are not allowed. Applicant is a resource to which Chanhassen residents can be directed for the storage of their vehicles, boats, trailers, and equipment. 16. Conclusion. In summary, Applicant wishes to continue to operate the same business which it purchased in 2004, and operate it in the same manner as it was operated by its prior owner for at least ten years. S:\Netback\7636\Ol \SUPPLEMENT AL lNFORMA nON.doc \ '. CRAIG M. MERTZ LAW OFFICE, P.S.C. FAX: 952-975-9963 E-MAIL: chadlaw@chadwickmertz.com ATTORNEYS AND COUNSELORS AT LAW MARKET STREET STATION 600 MARKET STREET, SUITE 240 P.O. BOX 623 CHANHASSEN, MN 55317-0623 Craig M. Mertz TELEPHONE: ~52-975-9960 June 3, 2008 Angie Auseth, Planner Chanhassen City Hall P.O. Box 147 Chanhassen, MN 55317 Re: Zoning/Sign Applications of Jacques Gibbs and Progress Valley Storage of Minnesota, LLC Dear Ms. Auseth: I am writing to you on behalf of Jacques Gibbs and Progress Valley Storage of Minnesota, LLC. Please consider this letter to be my client's Notice of Appeal as to your office's decision that my clients are obligated to construct certain surface water and drainage control measures in connection with CUP #87-2 and IUP #92-1. Specifically, I refer to the detention basin and site drainage improvements, which were apparently contemplated by the City, when the. former owners of the mini-storage business, Gary Brown and Gary Dungey, obtained their conditional use permit and interim use permit from the City. My clients base their appeal on the following factors: a) their 2004 purchase of the existing mini-storage business included only a small portion of the Dungey/Brown tract, b) at the time of their purchase they were unaware of any city requirement to construct drainage facilities (on either the present mini-storage site or on the adjoining land which was retained by Dungey/Brown), c) on information and belief, the present drainage situation on my clients' land and on the adjoining Dungey/Brown tract is basically unchanged from its 1987 configuration, c) my clients purchased the mini-storage business in 2004, many years removed from the 1987 issuance of the original CUP, d) my clients do not own or control on the land on which the detention basin and drainage facilities are to be constructed, and e) my clients are willing to work with City staff to maximize feasible drainage measures which could be installed on the land which is owned by my clients. Enclosed is my check in the amount of $1 00.00 representing my clients' filing fee for the appeal. If you have any questions please call me. ~ Ver~truly yours, raig M. Mertz CMM\ptk cc: J. Gibbs and K. Engel - ....-- S:\Netback\ 7636\01 \Auseth Jtr2.doc Discussion of Proposed Stormwater controls for Nick's Storage and Parking, Chanhassen, Mn To facilitate drainage on the Nick's Storage and Parking site, two ponds were designed along the North and East side. These proposed ponds reduce the off-site stormwater runoff and peak flow during storm events. The ponds were designed as infiltration basins and as such are considered dry ponds. Because of this, the potential for nutrient removal is very low; therefore no nutrient removal analysis was performed. As shown on the proposed improvements drawing one pond is located adjacent to the asphalt parking lot and receives runoff from much of the impervious parking surface and surrounding property. Also shown on the plan is an additional pond along the north edge ofthe site. This pond contains stormwater flowing north and also provides added protection from overflows during severe storm events. The East pond is connected to the North pond through a 24" diameter corrugated metal culvert. Because HydroCAD cannot model captured stormwater traveling back and forth between each pond, their areas were merged and they were modeled as a single pond. The North pond empties into a 4' inside diameter concrete manhole which outlets through a 24" diameter corrugated metal pipe. Depending on manhole and culvert placement, the north pond can be emptied into the low-lying area to the north or the ditch along Hwy 212. Based on future discussions with the city and the applicant, more detailed information can provided regarding the placement and orientation of the discharge structures. The following table provides and overview of the off-site runoff from both the existing and proposed conditions. 2-year storm event Subwatershed Existing Conditions Proposed Conditions Peak Flow (efs) 0.03 0.03 N&E Ditch off-site Volume (ae-ft) 0.03 0.03 Peak Flow (efs) 3.35 3.35 Northwest 2 off-site Volume (ae-ft) 0.01 0.01 Peak Flow (efs) 0.76 routed to proposed North off-site Volume (ae-ft) 0.03 Dond Peak Flow (efs) 8.44 routed to proposed Southwest off-site Volume (ae-ft) 0.46 Dond Peak Flow (efs) 0.65 routed to proposed Northwest 1 off-site Volume (ae-ft) 0.03 Dond Captured Peak Flow (cfs) 6.29 0 Stormwater Volume (ae-ft) 0.22 0 I Volume Discharged I off-site (ae-ft) 0.77 0.04 1 O-year storm event Subwatershed Existing Conditions Proposed Conditions Peak Flow (efs) 0.80 0.80 N&E Ditch off-site Volume (ae-ft) 0.06 0.06 Peak Flow (efs) 5.69 5.69 Northwest 2 off-site Volume (ae-ft) 0.25 0.25 Peak Flow (cfs) 1.89 routed to proposed North off-site Volume (ae-ft) 0.07 Dond Peak Flow (efs) 12.77 routed to proposed Southwest off-site Volume (ae-ft) 0.71 Dond Peak Flow (efs) 1.11 routed to proposed Northwest 1 off-site Volume (ae-ft) 0.05 nand Captured Peak Flow (efs) 10.64 1.08 Stormwater Volume (ae-ft) 0.54 0.33 I Volume Discharged I off-site (ae-ft) 1.67 0.64 1 OO-year storm event Subwatershed Existing Conditions Proposed Conditions Peak Flow (efs) 1.55 1.55 N&E Ditch off-site Volume (ae-ft) 0.12 0.12 Peak Flow (efs) 8.68 8.68 Northwest 2 off-site Volume (ae-ft) 0.39 0.39 Peak Flow (efs) 3.57 routed to proposed North off-site Volume (ae-ft) 0.14 Dond Peak Flow (efs) 18..31 routed to proposed Southwest off-site Volume (ae-ft) 1.03 Dond Peak Flow (efs) 1.69 routed to proposed Northwest 1 off-site Volume (ae-ft) 0.08 Dond Captured Peak Flow (efs) 15.91 16.08 Stormwater Volume (ae-ft) 0.08 1.02 I Volume Discharged I off-site (ae-ft) 1.83 1.52 ~ J ~: i;~1 ~ ~ - f!h z ~ ~ ~ mh. ::s >- .. c:" a. 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" I : ~~ ~~ .!l' "1: e "~ ~ >~m I ... ~"...' /~-'~ ~~~ :1 ~ '\ \I-~\ sf2('f , ~2 If' ~~~ i ( "-" w~ ffi"~ ' ....~ ~Q. ~~"C I ~~ ~ ~m~ I ~~ ; ~ ~I i ~ I J l j "' ~ ~ I .. .~!- f!?" Id ifi ~ \: 8t s ?; ~ ~...2l... 12ii.~ :i > 0 c! ~ li1 ~ "ffii ~ ~ ~ ()~ w 0 '" oJ ~ !Jj ~ ::E-g (!) ~ ~ ~ ~ 0 9 g a: z ~~ Do ~ffi cr ~~ III i II I~ ill I I ~ I Z III ' i III I I I III! ! I H l,' 'III I !! ! i ~] ~~ ~:li :l!lil =>0 ~~ ! Q>il! m 0:... ... ~~ r: ~D.. Lti ~~~ ~ ;ffil 5 ~m~ ~ fa~1 ~ GO~ -;i. ~~~ e !!i ~ 0: g => " ~ ~ " '" " lr i ~ ~ ~ ~ ~ 8 ~ ~ " fi fn ~ :> 1;l ffi ~ ~ ! I T !!i g gz !!i " fa ~ ~ ~ g 0: C> 0 ~ Iii ~ ~ ~ e ~ ~ : ~ fa g ~ ffi ~ ~ ~ E ~ II Iii ~ i'5 - :> i ~ w ffi ~ g ~ ~ E ~ i ~ cr W a !!: ~ ~ ~ 8 !;I 0 0 . ...h. '. . ;' e . CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA CONDmONAL USE PERMIT #87~2 INTERIM USE PERMIT #92~1 . 1. Permit. . Subject to the terms and conditions set forth herein and with the Conditional Use Permit recorded with Carver County on June 30, 1987, Document No. 88330" the City of Chanhassen hereby grants: a) A conditional use permit for truck and trailer rental at Progress Valley Mini-Storage site. b) Interim Use perroit for screened outdoor storage. 2. Property. The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: See attached Exhibit A 3. Conditions. The permit is issued subject to the following conditions: a) The outdoor storage shall be completely screened by a 100% opaque fence or landscaped screen. b) The area for screened outdoor storage shall be improved with a gravel surface. c) The outdoor storage will be removed from the site upon completion of phase 3 of the mini~storage facility. d) The applicant shall provide a landscaping plan acceptable to the Planning commission and a letter of credit shall be submitted to cover the cost of material installation and one year warranty. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. 5. Lapse. If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced, this permit shall lapse,.unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: February 24. 1992 PAGE I o~3 PAGES 0: ..:., . . e e CITY OF CHANHASSEN . " ." ~-; ~~- . <,t' By: / -, ~ ,,/ ~/'.c:~~ onald J ..-elimieI, Mayor By: 42 0a-_/6I Don Ashworth, City Manager STATE OF MINNESOTA) ( 55 COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this 30 tJ, day of ~ , 19i..4-by Donald J. Chmiel, Mayor and Don Ashworth, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. ~~al~"AAPi N ary bI c - DRAFfED BY: Campbell, Knutson, Scott ~~ II tv & Fuchs, P.A ijJJ1'"' Suite 317 1380 Corporate Center Curve Eagan, Minnesota 55121 (612) 452-5000 RNK +-.......-................,......__......,_............~+ , 8"~J''''.. KAREN J. ENGELHARDT , , ~~ NOTARY PUBLIC-MiNNESOTA t t ~~~&I CARVER COUNTY f I ~ My CommissiOn Expires OCT, 16. 1997 f + -......---.... ...............-.......-...........+ OFFICE OF COUNTY RECORDER STATE OF MINNESOTA COUNTY OF CAR~ Filing Fee eJt /6 This is to certi y that this docJ)ugent ~ed in tlJ.iAoffice ~the~day 19~.D.at o'clock M. and was duly recorded as document no.. ,134.04~6 . HANSON JR. PAGE a. OF3 PASES by: .. : " ~ p e EXHIBIT A ei p All that pa~t of the SE 1/4 of the SW 1/4 of Section 34, Township 116, Range 23, Carver County, Minnesota, described as follows: Commencing at the SE co~ne~ of said SW 1/4 Section 34-116-23 .running thence No~th along 1/4 line to the South. line of right of way of Milwaukee and St. Louis Railway Co.,; thence Southwesterly along South line of said right of way to South line of said Section 34; thence East along said Section line to place of beginning. Being all that part of SE 1/4 of SW 1/4 said Section lying South of right of way of said Milwaukee and St. Louis Railway Co., and con- taining 2 1/2 acres. AND The SW 1/4 of the SE 1/4 of Section 34, Township 116, Range 23, lying southerly of the Southeasterly right of way line of the Chicago and Northwestern Railway Company, Carver C~unty, Minnesota, EXCEPTING therefrom the following described parcels: Parcell: A strip of land over and across the SW 1/4 of SE 1/4 Section 34-116-23 being 53 feet in width on each side of center line of Trunk Highway No. 51, and said center line being described as follows: From a point on East line of said Section distant 874.8 feet Northerly from the Southeast corner of said Section; thence ~unning in a Southwesterly direction at an angle of 82054' with said Section line for a distance of 1000.5 feet to a point; thence deflect to the right 9000' on curve with delta angle of 57007' and radius of 71.6.8 feet for a distance of 441.4 feet more or less to the East line of said SW 1/4 .of SE 1/4; thence continuing on said curve for a distance of 272.6 feet to a point: thence on a tangent to said curve for a distance of 272.6 feet to a point: thence on a tangent to said curve for a distance of. 819.6 feet to a point; thence deflect to the left on a 15000' curve with delta angle of 95026' and radius of 383.1 feet for a distance of 393 feet more or less to the North and South 1/4 line of said Section and there terminating excepting therefrom that part of the ~ight of way of Minneapolis and St. Louis Railway Company which lies within said strip. Parcel 2: Beginning at point 20.00 chains West from SE corner of said Section 34 running thence North 4.06 chains to center of Chaska and Shakopee Road; thence South 64030' West 8.93 chains; thence East 8.16 chains to place of beginning. Containing 1.65 acres. Par~el 3: Commencing at SE corner of SW 1/4 of SE 1/4; thence North 4.06 chains to center of Chaska and Shakopee Road, the point of beginning of tract to be conveyed herewith; thence South 64030' West 170 feet to point of center of said road; thence North and parallel to East line of said SW 1/4 of SE 1/4 to South line of Trunk Highway No. 51; thence Southeasterly along South line Truck' Highway No. 51 to point where same intersects East line of said SW 1/4 of SE 1/4; thence South along said East line to place of beginning. Containing 1/2 acre, more or less. Parcel 4: Commencing at the point of intersection of the East line of the SW 1/4 of the SE 1/4 of Section 34-116-23, and the Northerly right of way line of u.S. Trunk Highway #212, as the same presently exists and runs through said SW 1/4 of SE 1/4 of Section 34, which said point of intersection is the place of beginning of the land to be herein described; thence running Northwesterly along said Northerly right of way line a distance of 292 feet to a point thereon; thence turning and running East parallel to the South Section line of Said Section 34, a distance of 329 feet, more or less to the said East line of the SW 1/4 of the SE 1/4 of Section 34; thence turning and running South along said East line _a distance of 312 feet more or less to the place of beginning,lying and ~eing in the SW 1/4 of SE 1/4 of Section 34-116-23 and con- taining 1.10 acres of land, more or less. PAGE 30F3 PAGES CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on June 5, 2008, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Nick's Storage & Parking - Planning Case 08-10 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me k this 5+ day of ::fUl'\-<... ,2008. ~,. KIM T. 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GARY W DUNGEY & GARY L BROWN LLP 1910 STOUGHTON AVE CHASKA, MN 55318 -2218 CHASKA ECONOMIC DEV AUTH ATTN: DAVE POKORNY 1 CITY HALL PLAZA CHASKA, MN 55318 -1962 PHEASANT CREEK FARMS LLC 1827 VALLEY RIDGE TRL S CHANHASSEN , MN 55317 -8419 RYAN NIEDFELDT 1925 STOUGHTON AVE CHASKA , MN 55318 -2217 STEVEN M FINK 1915 STOUGHTON AVE CHASKA , MN 55318 -2217 RICHARD K WERMERSKIRCHEN & DOROTHY E WERMERSKIRCHEN 1930 STOUGHTON AVE CHASKA. MN 55318 -2218 GARY & BARBARA DUNGEY & TERI CONSTRUCTION INC 1910 STOUGHTON AVE CHASKA, MN 55318 -2218 ALL STEEL PRODUCTS CO 1165 HIGHWAY 212 E PO BOX 73 CHASKA , MN 55318 -0073 ST JOHNS EVANG LUTH CHURCH 300 4TH ST E CHASKA, MN 55318 -1830 PROGRESS VALLEY STORAGE OF MN 6921 BEACH RD EDEN PRAIRIE, MN 55344 -5227 KENNETH J & SHARON B SCONBERG 1791 STOUGHTON AVE CHASKA , MN 55318 -2213 KAREN UNRUH OLESON 48209 270TH AVE PALISADE. MN 56469 -2291 HIGH TERRACE LLC PO BOX 260 CHASKA , MN 55318 -0260 HENNEPIN CO REG RR AUTHORITY HENNEPIN CO GOVT CENTER 300 6TH ST S SW STREET LEVEL MINNEAPOLIS, MN 55487 -0999 DONALD J WENZ & BETTY ANN CLARK 1955 WENZ AVE CHASKA, MN 55318 -1273 TROY R & LESLEY J POPPITZ 3640 EDGEHILL RD CHASKA . MN 55318 -9346 DENNIS L & DANA L NYSTROM 1800 FLYING CLOUD DR CHASKA . MN 55318 -2435 JOSEPH ROBERT MONNENS 1781 STOUGHTON AVE CHASKA, MN 55318 -2213 ALLEN L BRAKEMEIER 450 LAKE VIRGINIA TRL EXCELSIOR, MN 55331 -9772 CHASKA CITY C/O NOEL GRACZYK 1 CITY HALL PLAZA CHASKA. MN 55318 -1962 JAMES E & KIMI L GABOURY 1905 STOUGHTON AVE CHASKA . MN 55318 -2217