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CC Staff Report 8-25-08 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 MEMORANDUM TO: Todd Gerhardt, City Manager 3 The City 01 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. FROM: Angie Auseth, Planner I o~ DATE: August 25, 2008 SUBJ: Nick's Storage and Parking CUP 87-2 Amendment Sign Variance Planning Case #08-10 1900 Stoughton Avenue 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 ill of the site subject to conditions 1 through 11 on pages 12 and 13 of the staff report. B. The City Council approves Planning Case #08-10 for a sign variance to allow one monument sign along Highway 212 frontage, in addition to the permitted monument along Stoughton Avenue with conditions 1 through 4 on page 13 of the staff report. City CounciFapprovalrequiresa 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 alan existing mini-storage facility. JULY 14,2008 CITY COUNCIL: TABLED ACTION This item was tabled atthe July 14, 2008 City Council meeting due to the discrepancy with the installation of stormwater improvements for the site. The applicant was under the impression that the improvements only needed to be demonstrated for the site; however, staff'sintent was for the installation of the stormwater improvements on the site. . Since July 14,2008, the applicant has worked with the adjacent property owner (Parcel B) and provided staff with plans for the stormwater improvements for both parcels. The owners of Parcel A and Parcel B have reached an agreement for the installation of the pond to be located in its original location on Parcel B. A drainage and utility easement will be placed over the pond to permit access by the City for maintenance purposes. A condition of approval was also added requiring a security Todd Gerhardt Nick's Storage and Parking August 25,2008 Page 2 for the installation of the pond by November 15, 2008. The staff report has been updated in a strike- though and bold format to reflect these changes. The applicant still wishes to pursue the sign variances; staff's maintains their original recommendation to allow one additional monument sign along Highway 212. The City Council minutes for July 14,2008 are attached. RECOMMENDA TION Staff and the Planning Commission recommend adoption of the amended motion as specified on pages 12 and 13 in the staff report dated June 17, 2008 approving the conditional use permit and . . sIgn vanance. ATTACHMENTS 1. July 14, 2008 City Council Minutes. 2. Planning Commission Staff Report Dated June 17, 2008. 3. Amended and Restated Conditional Use Permit #87-2/Interim Use Permit #92-1. 4. Variance #08-10 g:\plan\2008 planning cases\08-10 nick's storage & parking\8-25-08 executive summary.doc City Council Meeting - July 14,2008 19. Any existing public utility not covered by right-of-way or easement will require drainage and utility easements to be dedicated on the final plat for the Crossroads of Chanhassen 2nd Addition. 20. The sidewalk on the west side of Crossroads Boulevard will need an easement over the portion which is not in the right-of-way. 21. Storm runoff from Crossroads of Chanhassen 2nd Addition must discharge to the drainage pond constructed with Crossroads of Chanhassen. All voted in favor and the motion carried unanimously with a vote of 5 to O. Councilwoman Tjornhom moved, Councilman Litsey seconded that the City Council accept the +\- .02 acres of land adjacent to Crossroads Boulevard Right-of-Way from MnDot and approve the Quit Claim Deed. All voted in favor and the motion carried unanimously with a vote of 5 to O. NICK'S STORAGE & PARKING. 1900 STOUGHTON A VENUE. APPLICANT: JACQUES GIBBS: REQUEST FOR AMENDMENT TO CONDITIONAL USE PERMIT NO. 87-2. VARIANCE REQUESTS. Nick's Storage. This item did appear before the Planning Commission on June 17th. The Planning Commission unanimously approved the project. There's two motions. One to amend a conditional use and one for a variance for a sign permit. So I'd like to give you the background on this application. It's a little complex. When it first came before the staff, we spent a lot of time trying to resolve how to reconcile the application itself and we took a course of action that we felt, based on the circumstances, seemed to make the most sense. The site itself is located along the 212 corridor on Stoughton Avenue. This would be Stoughton and this is 212. It's also bordered by Chaska. Chaska has these pieces here, and also the abandoned trail along here. This is Chaska and the Gedney Pickle site which is in Chanhassen. And then this parcel here is with the newly upgraded Xcel Energy site. So the site itself is zoned business fringe. Business fringe does allow cold storage, as this is, and outdoor storage. The site was approved way back in 1987, so'it's been in place for over 20 years and was amended in 1992, and that's where some of the ambiguity comes in place with the conditional use and the interim use. So the property that was approved for a site plan was on Parcel A, and then there's Parcel B. The interim use and the conditional use go over both parcels, so the entire property within that conditional and interim use is 16 acres, or 16 acres. So there were 3 phases. The first 2, this was the first phase. These buildings. Phase II and then Phase III. Again that included 8 storage buildings. So with Phase I and 11,20% of the 16.29 acres were built on and there's additional phasing for 2 additional buildings on Parcel A. Back in 1992 they wanted, the applicant went to the City Council to get the original conditions approved to allow trucks and trailers so the interim or the business fringe district was amended to allow the outdoor storage for the sales trailers. And then behind that were the conditions outlined for those terms to be met. Staff in their report put together what those original conditions were and have they been met or not. Again the conditions were that the, quantify the number of outdoor storage and then the screening and where they could be confined to. Again everything was confined to Area 1. It should be noted too at that time there was a ponding requirement on the property in Parcel B. So in 1992 then after a second reading, 6 City Council Meeting - July 14,2008 the interim use permit was allowed to allow outdoor storage. So here's where the ambiguity comes in if you look at the interim use permit. If you go to the standards for the interim use permit, under the terms of the original conditional use permit, which were attached in the staff report, it does say in that interim use permit that outdoor storage is permitted. It doesn't quantify that part and I think the ambiguity came in with the conditional use. So there is a finite time for this to expire, and I've prepared on condition 12. I added an additional condition but clearly the intent was that there'd be some sort of term. If you look at the interim use permit it says we should define the time when this should expire. If you look on the original interim use permit, that time was if there was a violation to the code. If one yearit didn't get started. But in looking at this piece of property, certainly a higher and better use could come along when the city did provide municipal services. Although the long range guiding of this property is for office industrial, which cold storage is a permitted use, even in that zoning district so and a fact that it is zoned to become a higher and better use. This is still a permitted use because we do have two cold storages currently in the city. One has got the auto related and the other one's right here on Highway 5, and that is also cold storage so the uses may not be non-conforming. Although condition 12 that Ijust passed out says that if the two additional units come into play, they must come completely in compliance with the stormwater. Which is in the original conditional use. Mayor Furlong: Excuse me. Kate Aanenson: Yep. Mayor Furlong: The, you said additional units. Is that what's referred to as this Phase III? Kate Aanenson: Yes. If they were to put structures there instead of big cars. Mayor Furlong: Okay. Kate Aanenson: Then they would have to bring that, and that always was a condition in there. There should be no more outdoor storage. Mayor Furlong: So the, based upon what prior councils have approved, the outdoor storage for 24 rental vehicles was allowed until such time as they built additional storage structures? Kate Aanenson: Correct. Always was until, yeah. Once those last two buildings are built, there should be no more additional outdoor storage, and that's consistent and we haven't changed from that. Mayor Furlong: Okay. And so the request here, for clarification, is to eliminate the restriction. Well first of all expand the 24 to 60. Kate Aanenson: That's correct. Mayor Furlong: Parking stalls. I've got a question on that. Kate Aanenson: Sure. 7 City Council Meeting - July 14,2008 Mayor Furlong: But also not limit the parking stalls to rental trucks and trailers. Kate Aanenson: That's correct. Mayor Furlong: Which is what it was originally for. Kate Aanenson: That is correct. Yep. They're finding other uses. Having saidthat, that's kind of the background. The complexity comes in, and why we spent so much time internally trying to resolve this issue is that, in fact there was an administrative subdivision between Parcels A and B, so they actually were now under two different ownerships. So when the applicant came forward to apply for this we said you're already over because you just own this parcel. But in reviewing that, really the conditional use still goes over, and the interim use, still goes 'over both parcels. So the impervious surface, and it seemed punitive because the factual part of this is that Parcel B has no development rights because all the development rights were absorbed onto Parcel A. So once sewer and water becomes available, that's the time that triggers the time for Parcel B to develop. The rest of the 9.47 acres. Mayor Furlong: So the CUP was originally approved covered both A and B. Kate Aanenson: Correct. Mayor Furlong: And the allowable development has all occurred on Parcel A. Kate Aanenson: That's correct. And we're still staying consistent with that, and what we said, through notification that, to the property owner, that Parcel B has no development rights because it was all absorbed on Parcel A. And it's not uncommon. We've done that on other property where there may be future road right-of-way, if somebody wants to build a house. We put the rest of that in outlot. Kind of at abeyance until such time. We've done that in the 1 per 10. We've allowed someone to do smaller than 1 acre lot but then they have to put the rest of it so they meet that requirement, so this would be a similar example of that. But the rest of the development potential is predicated on the city providing municipal services. And it also allows, which we put in that district, some reasonable use of that property down in that area while we created that, kind of that old commercial zone. So because we did this administrative subdivision, it just made it move complex and in looking at that, we have, I'm working through the city attorney, you'll be seeing a code amendment coming through that will now, if there's an interim use or a conditional use on your property, you cannot subdivide it. We didn't have that in place so the city attorney has recommended that we do that. That has gone to the Planning Commission. You'll be seeing that amendment but we haven't had too many examples of this but this is clearly one that it would have been easier to have it all on one parcel. But again we didn't have an mechanism to stop that. So again we have a piece that was non-conforming. The development rights go over the entire property so that's the way we process it and that was kind of one hurdle to get over. Okay? So with that there were some illegal signs noted on the property and that's what brought to our attention kind of what's happening down there to date and the applicants wanting to pursue that. So with that we proceeded to, let's clean up what we have. Make best of what we've got. Permit it and then try to make the conditions reasonable to 8 City Council Meeting - July 14,2008 what they're trying to do and reasonable fbr long term fbr the city. So one of the things that they have done is created some ponding piping. That was one of the issues that was brought up because the pond is, that was dedicated, or let me go back to this picture. It was supposed to be built on this, or it pre-dates the current development or current NURP pond standards. So really it was to retain water but was not built to treat water. Our engineering staff, or water resources had been out there to verify the construction or how that was functioning and that's where these recommendations are coming forward to you. I know the applicant has asked that they be allowed to continue to use that but because it was never built to those standards, it's on someone else's property, we believe to resolve this the best that we can, that they need to provide ponding on their site to the best of their ability, and that's what we've tried to accommodate here. It's not perfect. It wasn't in the beginning but it's much, much closer than it was before and it's on their property and they have control of that and that is one area, issue that they still have with these conditions and they did appeal that at the Planning Commission but the Planning Commission did concur with the staff and recommended that they do that ponding. So they have done some ponding. Created a piping and kind of a swale. There's a recommendation, additional recommendation that, excuse me. This is what they put in place. The picture back here is actually, creates a little bit more of a berm. A little bit more retainage for these ponds. So there's the piping that they have out there today. So that would all be on their property, Parcel A. So this shows, and I'll get more detail then the berming that's in the wetland, the stormwater retention area. Councilman Litsey: Which way's the natural drainage there? Kate Aanenson: Actually when they redid the street there, I have to go back and find a bigger map here. It goes over towards that. Councilman Litsey: Goes over the pond area? Kate Aanenson: Goes 212. Goes over 212 and that's where we're trying to stop it and retain it before it goes over, yeah. Councilman Litsey: So this would push it towards where the pond had been proposed to be? Kate Aanenson: Well it's keeping it on their property. It's keeping it, sorry I'll go back here. So we're in this area here. Councilman Litsey: Yeah. Kate Aanenson: So this is where it was originally. On somebody else's property so we're saying that really that it seems appropriate to keep it on this property. Councilman Litsey: But you're saying it's not, it's better but it's not perfect so there's still going to be some drainage probably towards... Kate Aanenson: No I think with the swale and stuff like that, it's not to NURP standards. 9 City Council Meeting - July 14, 2008 Councilman Litsey: Okay. Kate Aanenson: It's going to retain the water. It's just not built to. Councilman Litsey: Okay. Kate Aanenson: Yeah. There shouldn't be that problem. Todd Gerhardt: So basically slowing the water down a little bit but it's still ultimately going to head down to that ponding area and then ultimately underneath Highway 212. Kate Aanenson: It will. Some of that will go that way, correct. Todd Gerhardt: Into the creek. Kate Aanenson: Which is how it's been doing it in the past, correct. Slowing it down. Trying to treat it, which we weren't in the past. That's correct. Councilman Litsey: Thanks. Kate Aanenson: Okay. So that's kind of the site plan issues. So really we're saying, we would allow the additional outdoor storage again up to 60. The discussion there was whether it'd be hard surface or not. The Planning Commission wanted to leave it no hard surface. Leave that flexibility in there. And then, so then the next issue was the signs and there was quite a bit of conditions on the application or the recommendations that regulate the drainage so if you have questions I'd be happy to answer those but. Then again, we go back to the outdoor storage and then the rental use and the complexity involved in there. The goal and the interim use permit require that all outdoor storage be screened. That's something that we need to resolve because right now it's not completely screened so that is a condition of approval. In looking at the signs, the applicant alleges that there were a pylon sign in place, and has requested 4 signs, and I'll go through those in a little bit more detail. Because when they ultimately screen this entire site we did feel that maybe a variance for one sign because it's set back a ways from 212 and would be completely screened would be appropriate so we did recommend the variance though so again the signage in the BF district allows just one monument sign. 24 square feet. It's pretty minimal with a maximum of 5 feet. So the signs that they had made and wanted to put on the site. The first one, sign number 1 on Stoughton was 10 feet high. 48 square feet so that one exceeds the sign area and did not receive a sign permit. Same permit so we are recommending denial of that one. Sign number 2. Along 212. Exceeds the sign display area. The height limitation. Is located in MnDot right-of-way and did not receive a permit. So we would support this sign. This would be the sign area. It needs to be located outside the right-of-way but it would have to be made smaller, but this would be that area that'd be heavily landscaped along 212 that would give some identification so really otherwise you're on Stoughton, the residential side so this would give identification for that, and then that would allow the directional sign. Sign 3 is the one that has the pylon sign. Again, the BF district doesn't allow signs that tall. This one is 18 feet and 60 square feet in area so we've got 3 significant large signs which is much more than we have in any other district. So that we also recommended denial and then sign 4 would be the 10 City Council Meeting - July 14,2008 directional sign, which we will permit but they need to be smaller to make those work and again we do allow directional signs for someone to find a business. Again that seems to be an appropriate use. So again the other thing that we did address was landscaping. They need to provide that screening on the other so with that we would recommend approval of those 60 with the conditions in there. The main one being that if in fact they do build those additional buildings, then the storage has to be eliminated, and maybe we need to further clarify. Let's say they build one and if there's an appropriate, you know that splits the outdoor storage somewhere because it may be only one additional building gets built and then do the 60 outdoors so maybe we might want to address, may be that technical but maybe we do want to just talk about that a little bit too. If they just did the one building so. I didn't address that in the staff report. So with that we are recommending the conditions we've put in the staff report and I'd be happy to answer any questions. Mayor Furlong: Okay. Questions at this point. Councilman McDonald: Well I've got a question. I'm a little confused about the ponding. We created a PUD for the entire site because at that time one person owned it and they had had the intentions of putting up a storage facility anyway so that's what they built. Then it goes and gets sold and it gets divided down between the two parcels and now all of a sudden Parcel A is having to pretty much bare the burden of the ponding. Why can't we enforce the entire PUD over onto the second lot? Kate Aanenson: Well we could. Mr. Dungey's here, ifhe wants to speak to that but I'm not sure that, if he doesn't agree to it, what can we do to force him to do it? But for that they could not proceed. Councilman McDonald: Well yeah, I don't have the answer. Kate Aanenson: He sold the property. Councilman McDonald: He sold the property, you're right but at the time you know all of this was built around one PUD with one piece of land and the way the burden was spread out across that, it works. Now all of a sudden we have someone corning back after they bought the second parcel, and it doesn't work because again we've split it up so. Kate Aanenson: Well there's two answers to that. One is you can null and void the whole CUP because it's no longer valid. We didn't think that was a reasonable approach. I'm not sure trying to make Mr. Dungey do that. Would we stop it until he does? Councilman McDonald: Well I'm not sure that we accomplish what we're trying to get accomplished by putting a PUD, by doing what we're doing either. That's where my confusion comes in is that okay if what we're trying to do is trying to do something about the drainage, and alleviate some of that, how are we doing that by just having him do a couple swales and some pipes that go nowhere and all of a sudden where's the water go? 11 City Council Meeting - July 14,2008 Kate Aanenson: If you look at the report from the consultant's engineer and what we reviewed internally, I think that they make the case that it does meet the conditions. As best, I'm on page, well he's on the same page. On page 7 of our staff report. While, this is a summary. While the proposed infiltration ponds do not meet the NURP standards based on the site complaints with the exception of, the applicant has taken adequate measures to treat the storm water and rate control so we believe it does meet that. Mayor Furlong: And I guess one question. Councilman McDonald obviously this is something that I think all of us were looking at but the original, if they had followed the original conditions of approval, which would be, as I'm reading out of the staff report here, designed to limit the runoff to a pre-development rate of a 100 year storm. Is it true that what they're doing on Parcel A right now is better in terms of quality and quantity than what would have been done if they had followed the original plan? Kate Aanenson: That's correct. Mayor Furlong: Is that correct? What's being proposed here on Parcel A in terms of storm water quality and quantity. Paul Oehme: It doesn't completely meet the NURP standards is my understanding. In terms of water quantity control, but it does do a good job of treating the water before it leaves the site. Mayor Furlong: Does it do as good a job or better than what would have been in place if the original 1987 condition had been followed? Paul Oehme: I think it gets close to the NURP standard. Mayor Furlong: Because NURP, as I read the staff report, there weren't NURP standards at that time. Paul Oehme: Ithink '88. Mayor Furlong: And so I guess I'm looking at councilman, a sense of relative here. You know if it was corning in fresh, and my next question is, what would it take to meet current NURP standards if they were corning in fresh today. But what was required was this, and my question is, what they're proposing, is it equal to what was originally required? Or better. Do we know that? It's not at our current standard. Paul Oehme: Right. I'd have to look back exactly what was approved back in '87 and I don't know if we have that data. But in terms of water quality. . . Mayor Furlong: Wasn't there some reference to that though in the staff report? Kate Aanenson: Yeah. Well as presented in the Planning Commission, really I mean you can see clearly on this site. It's been driven as a race car track over it. We did walk. It's not functioning. It's a recessed area. It's not functioning as it was intended. I think the Planning 12 City Council Meeting - July 14,2008 Commission also considered that. Why can't we just build it big enough to make it, for the potential. Well we don't know what use, future uses would be on the site to make it big enough. Certainly that ponding area may not be big enough for the entire parcel when it's fully developed so it seemed reasonable that when this parcel got split off, that they have to take some ownership of that by splitting it off, and I'm not sure how we would compel. Maybe the city attorney has an opinion on that. How we would compel Mr. Dungey to create the pond that adequately meets that site. Councilman McDonald: Well I'm not sure how we compel it either but the thing is that, it holds up what happens on the second parcel. I mean we have a right within a PUD to say you've got to meet those requirements. Kate Aanenson: But the person asking for the request is Parcel A, and that's the only person I can control. Is Parcel A is asking for an increase in use. So the nexus would be that require them to adequately manage that. Councilman Litsey: So in the staff report it says the proposed improvements are more effective than the original holding pond requires the condition of approval in 1987. Kate Aanenson: That's correct. Councilman Litsey: ... water quality and rate or just quality? Or is it the whole thing? Kate Aanenson: Both. Both. Councilman Litsey: So as the mayor said, then we're approving a pond, what was there, in place before in terms of water quality and. Todd Gerhardt: They're meeting the '87 standard. Councilman Litsey: Yeah. It's better than what was in place originally. Kate Aanenson: It's better than that. Yeah. Todd Gerhardt: And I don't know if we want to go down the other track. I mean the other track gets very complicated and I mean if we're meeting the standard you know, that argument would be used back against us I think. If we tried to you know enforce the old conditional use permit. Mayor Furlong: And what would be required from a stormwater management standpoint if they had to be on Parcel A the current NURP standards? Kate Aanenson: I can't answer that. As far as quantity, size. If it's rate, or deeper pond. Something like that. Mayor Furlong: More than what they're doing? 13 City Council Meeting - July 14,2008 Kate Aanenson: Yep. Yeah. Mayor Furlong: More than what is being proposed. Okay. And I guess the question is, is the impervious surface area here on Parcel A and it's really the impervious surface across the entire area. A and B. Is that what was anticipated back in, is that? Kate Aanenson: No. The only development rights were on Parcel A. Mayor Furlong: But is the, is the total impervious surface area on A and B combined because there's none on B. Is that what was expected when this was originally approved? Kate Aanenson: Correct. Mayor Furlong: Or there's more from a impervious surface standpoint? Kate Aanenson: No. No, because the only thing that was approved would be Phase A. Would be Parcel A so if something else went beyond that we probably would have addressed a bigger pond. At that time it seemed that that was adequate for the 8 buildings. And that's what really was the intended to accomplish was to. Mayor Furlong: And the 8 would include the additional 2 that have not been constructed yet. Kate Aanenson: That's correct. That's correct. So at that time that pond in that comer, where it was draining to, seemed to be logical to manage all that. Mayor Furlong: Okay. I kind of jumped in on your question there to clarify it for me. Any other thoughts at this point? Councilman McDonald: That's fine. Well. Mayor Furlong: Or questions. Councilman McDonald: There are some other issues with both Parcel A and Parcel B that I think we'll get into and all I'm trying to get at is, Ithink that we as a city control the entire CUP because we issued it and if we're now going to break it up, my question comes then why have it? I don't understand the advantage to us. I'm not quite sure how to put this but I don't understand the advantage to us of now enforcing the CUP across the entire property because that's how it was initially put together. Kate Aanenson: We are. We are balancing. There's no development rights on Parcel B. Councilman McDonald: Okay, but if we go and move the ponding over to Parcel A, why can't the owner of Parcel B then come in and say that I could do it? Kate Aanenson: What if he chooses not to? Or what can we do to compel him to do that? So then therefore Parcel A can't go forward because then you have inadequate storm water. 14 City Council Meeting - July 14, 2008 Todd Gerhardt: And if Parcel B was to come in with development, knowing that the pond is on Parcel A the, we would force Parcel B to treat the water of Parcel A to the level of what our current standards are. Not that he may have to pull the whole burden of that cost but we would bring in Parcel A and B into our current standards with the development of Parcel B. Councilman McDonald: Okay. Let's go ahead. I'm fine with that. Mayor Furlong: Okay. Any other questions at this point? Other questions for staff? Councilwoman Tjomhom? Ernst? Litsey? On the signage. What I was reading in the recommendations of staff, and I believe the Planning Commission are consistent, is that correct? Kate Aanenson: (Yes). Mayor Furlong: Was in the report and that is to allow a sign on Stoughton A venue. If you can go back to your 1,2,3,4. Kate Aanenson: Yeah. Mayor Furlong: So the Stoughton Avenue sign, that's allowed currently. That just is not meeting the current size requirements based on ordinance for this specific, correct? Kate Aanenson: No. Actually sign 1. Mayor Furlong: It's height and display area. Kate Aanenson: Sign 1, yeah. The applicant must replace sign 1. Yes, you're correct. That meets the sign area. Mayor Furlong: Okay. Kate Aanenson: It's too large. Mayor Furlong: But that would under current ordinance be allowed as long as it was, it met the size and area. Kate Aanenson: Exactly. Yep. Mayor Furlong: The sign 2 is proposed to be allowed by a variance because of the Findings of Fact and the issues related to the variance request simple because in part they're being asked to shield naturally with trees visibility of their business from 212. Kate Aanenson: That's correct. In effect screen the entire use so it's hard to see, if you're trying to find their location. That's correct. 15 City Council Meeting - July 14,2008 Mayor Furlong: Okay. So that's the basis there. Sign 4 is a pylon. That doesn't meet it. Sign, or excuse me. Sign 3. Sign 4 is directional. You said directional's are allowed. Kate Aanenson: Not that size. Mayor Furlong: But this one doesn't meet the size. Kate Aanenson: Yeah, that's correct. Mayor Furlong: So a directional sign would still be allowed, and I believe that's one at the intersection of Stoughton and 212, correct? Kate Aanenson: That's correct. Mayor Furlong: Okay. So that by current ordinance would be allowed. It just has to meet the right size. Kate Aanenson: That's correct. Mayor Furlong: So that isn't really being addressed in this area. Kate Aanenson: Right. Mayor Furlong: But for the it has to meet current ordinance. Kate Aanenson: (Yes). Mayor Furlong: Okay. Okay, and then the other question I had. Well, we'll get back to that later. Anything else at this point? Councilman McDonald: Yeah, I had a question about the signs too. Mayor Furlong: No, that's fine. Councilman McDonald: Within the report there was some discussion about that sign had been there for 20 years. Have we as a city ever allowed pylon signs? Kate Aanenson: No. Not to my knowledge. They have a difference of opinion on that but. Councilman McDonald: Okay, because. Kate Aanenson: I can't, since I've been here. 17 years. This was approved 20 years ago so. Councilman McDonald: Well some of what was said in there was somehow there was a permit issue that we have no record of it. 16 City Council Meeting - July 14, 2008 Kate Aanenson: Right. We can't find a record of it. We did search for that, and it could have been done without a permit. Councilman McDonald: Are there any other businesses that are let's say at least 20 years old that where there are pylon signs in the city? Kate Aanenson: There may be along the, I'm trying to think on the, at the bottom of the Y if there's anything down there. So. Councilman McDonald: You mean down where the hotel's at and the golf driving range? Kate Aanenson: Yeah. If there's some non-conforming ones down there, but I'm not sure they're that tall. I know the Brooks Hotel has a pylon sign I believe so. Councilman McDonald: Okay. That's all. Mayor Furlong: Alright. Any other questions for staff at this time then? No? I know the applicant's here. I believe so anyway so at this time I invite their representative to come forward. Craig Mertz: I'm Craig Mertz. I'm the attorney for Nick's Storage and with me is Mr. Engel who's the in-ho~se counsel for Nick's Storage and Mr. Gibbs who is the principle owner of Nick's storage and Wendy Langley who is their on-site management and John McCain who is their consulting engineer, and Gary Dungey is here. I just talked to him for the first time tonight and Gary's got something he wants to say but if you'll let me talk first it'd be appreciated. Nick's Storage bought this property in the year 2004 and what we thought we were buying was an ongoing business that had both cold storage facility plus signage plus outdoor storage and we thought we really weren't changing anything from what Mr. Dungey and Mr. Brown were doing. They're the sellers from whom Nick's Storage purchased. On the signs there was a pylon sign there and there were monument signs on the two highway frontages and all that Nick's Storage did was order refacing of those signs and we were unaware of the fact that there was a problem with the signs since all we did was order refacing. Specifically what triggered all of this was that one of the faces on the pylon sign was storm damaged and we ordered replacement faces for that and Ms. Auseth on a drive by spotted the face change in progress and that led to the compliance review on the property. The two things that Nick's Storage needs here is both the outside storage and as much signage as we can get. The real estate taxes since they purchased the property have gone from approximately $30,000 a year to about $52,000 a year. Before we lost our pylon sign with Ms. Auseth's compliance inspection, our statistics indicated that about 75% of our business was coming in from the pylon sign because that's what the people said they saw. That's what they spotted. That was the sign that was illuminated at night, and the, our occupancy rate has declined since that sign went down. We're from about 85% occupancy down to about 65%. Now I can't say whether some of that is attributable to the economy and how much of that is attributable to the signage but I think that the loss of our pylon sign is a significant factor on the suffering that we are incurring at the moment. About 1/3 of the gross income of this business comes from the outside storage so both the signage and the outside storage is important to us. We're asking that we get these outside storage spaces. The staff 17 City Council Meeting - July 14,2008 report talks about them being grassy or gravel. We really want to do them grass and not gravel. We believe it's going to be easier for us to maintain with lawnmowers than to deal with having to spray for weeds and what not coming through the gravel so we would like the grass parking stalls and we'd like as much signing as we can, signage as we can possibly get. Mr. Dungey, who I met out in front of the building here tonight, tells me that when he was the owner of the property 20 some, well you had it for 20 some years almost. He remembers working with Don Ashworth, the then city manager and while he, you can't remember specifically getting a permit or not getting a permit for the signs, you told me out in front of the building that you do recall that you did the footings yourself for the pylon sign and that you met with a city inspector who was approving the footings before putting the pylon onto the footings. And you also told me that, that you did do dirt work in the ponding area, as indicated on the extreme north portion of Parcel B. That you hired some scrapper work and what not and you thought you had met the requirements of the city on the ponding. And you also indicated to me that you had been watching the water situation over the years and the various big storms that we've had and you were unaware of any problems with overflow across Highway 212, etc. Have I fairly said those things that you brought to my attention outside? Gary Dungey: That's right. Craig Mertz: Okay. And you also indicated to me that you thought the soils on the north end of the property were such that there wasn't going to be a big drainage problem out here. Here's the bottom line is my client is asking that you approve these outside storage spaces and that you approve it's sign request and then as for the ponding, that you table the ponding part of this until such time as Mr. Dungey and our engineer and your engineering can walk these improvements that Mr. Dungey did some 20 some years ago for the ponding area on the north for the property. Is there anything you want to add Mr. Dungey? Gary Dungey: Well as far as the ponding goes, when we first built that, that was just all sand out there and nothing was actually, you know all of the dirt work was done in the sand so there was some erosion problems. But in time that was all seeded with alfalfa and grass and you go out there now and it's just, it is seeded heavily and runoff from my property. Runoff, everything that runs north out of the mini storage, it hits that grass. It doesn't even hardly get to that ponding area. And before the grass and the alfalfa and everything was seeded. In ' 87 we had an 11 inch rain. I don't know how many people remember that, but at that point in time when we had that 11 inch rain in 2 days, the water never went over 212. And with all of the grass and the alfalfa and everything that's in there now, and it's so much sand, the water soaks into the sand. It doesn't get to that ponding area anyway. So I really don't know how much of an issue that ponding area would be. Now 20 years ago it wasn't and like you know today things change but it works very efficiently just the way it is now. I don't know what more you could really do to it to change it. There is a culvert that runs underneath 212. If you do get a really heavy rain, there'll be a little puddle on the other side of 212 but I think that's coming from the land that's over there anyway. And for that water to ever get over to the creek, or the little stream or whatever that is over there, I just, I don't know how it, I think it would have to be 3 feet over 212 to get to that creek. Kate Aanenson: Mayor, can I just ask? 18 City Council Meeting - July 14,2008 Gary Dungey: Because of the elevation. Kate Aanenson: W did, our Water Resources Coordinator did walk the site so we have walked and verified the conditions on site so Ijust want to be clear. I'm not disputing that, at some time that this was graded and it's seeded but in the Water Resources' opinion it didn't meet the standards. It wasn't built to any standards and it's not meeting standards today. So that's why we're recommending additional storm water because it didn't, it was deemed that it wasn't meeting today's standards. Councilman McDonald: Okay but isn't that key? If you're saying it's not meeting today's standards but yet it was set up to meet standards in 1987, does it meet those standards? Kate Aanenson: It was built over 20 years ago. I don't even think it's functioning today it was built. It was hand built. I'm not sure it was engineered properly. It was dug by a, not designed by an engineering standard so I'm saying, the staff's opinion that it didn't meet standards as it was designed. Councilman Litsey: When you make an amendment like we're doing, can you then add additional requirements...? Kate Aanenson: Right, and that's what we're saying is, that's what I'm saying. That's the appropriate time if they're asking for additional, what do we believe is appropriate at this time? We have two different ownerships. How do we insure? We have no control over if pond, this additional pond up here was to get changed, that's somebody else's property. We have no control. This person has no control how that pond's being managed. It's on somebody else's property so the,it's on Mr. Dungey's property so he has no obligation, if it gets plugged or something like that, how do we manage some of that so. Councilman Litsey: So we have to manage everything on Parcel A? Kate Aanenson: That was our opinion, correct. They should manage some of that on their parcel. Right. Councilman Litsey: Okay. Craig Mertz: Mr. Mayor, may our engineer make a brief comment to the council? Mayor Furlong: Ah, certainly. John McCain: Good evening. My name is John McCain. I'm a civil engineer representing Nick's Storage. I'd like to try to clarify some of the drainage issues on these two parcels that have been discussed. When we first met with city staff, we discussed the fact that the CUP does in fact, as has been discussed here tonight, run with the land and is still applicable on Parcel B as well as Parcel A. Staff acknowledged that but was unsure about the enforcement question that has been brought up tonight. Staff asked that we look into what ponding for stormwater 19 City Council Meeting - July 14,2008 treatment could be accomplished on Parcel A, while they were looking'into the possibility of creating the ponding that was called for in the original CUP on Parcel B. So we prepared a ponding plan. It is possible but it is by no means ideal, but we attempted, as city requested, to provide a concept of what could be done on Parcel A. That concept unfortunately got a life of it's own and has become a proposal that it was not intended to be. The east half of Parcel A drains to the north and to the east and runoff from that half of Parcel A will be collected in the ponds that were shown. Runoff from the west half of Parcel A runs more north, northwest and due to the layout of the site and the topography it is not even feasible to collect and route runoff from that half of the property over to the two ponds that were shown. The pond over in the west comer is going to go into an area that's currently grassed, landscaped and it's going to take out that area both for usability for Nick's Storage as well as just maneuvering of vehicles around that end of the storage building. That pond needs to be connected by a pipe to the pond that's shown on the north comer. The pond on the north comer is constructed with essentially a dike built on that hillside, and while it's possible to do it, it's not an ideal ponding situation. There's a lot of dirt that needs to be put into that area. The existing ground needs to be disrupted and we pick up a little bit of additional storage capacity. Not really worth the effort. And runoff from this entire, so as regards whether or not the drainage proposal with these ponds complies with current standards. It does partially for the east half of the property. But the west half is still going to run off site down to the ponding area that was originally designated in the CUP. So we have a split. We are not aware of what the city has done regarding pursuing the ability of the city to enforce the drainage portion of the CUP on Parcel B. We have since however started working with Mr. Dungey and believe that we can create the storage that was originally contemplated on Parcel B where it can fully comply with current NURP standards, and meets the original intent of the CUP and doesn't shoe horn these little ponds onto Parcel A. Mayor Furlong: How long would that take to, because wasn't that... proposal is to wait on the stormwater management portion of this? Craig Mertz: Yes. Mayor Furlong: How long would that take to work with Mr. Dungey and come up with an agreement that would bring the entire Parcel A and B up to current NURP standards? John McCain: The storm water analysis can be done in a week. An agreement with Mr. Dungey is out of my realm. But my whole point is that, it's a much better solution from the city's perspective in terms of providing for rate control and storm water treatment to create the ponding area on Parcel Bthat was originally envisioned. Because what's proposed with the two small ponds on Parcel A only gets you halfway there. Kate Aanenson: Mayor if I may. This is the first time Mr. Dungey has been in, Mr. Mertz just met him. We've asked for this and so I guess we would say that if they want to work through that then we would need to table that because we would want to make, change the conditions of approval if you want to consider that as an alternative because there needs to be again some tie that, where we have two separate owners. How you maintain. That there's an easement or some sort of control. 20 City Council Meeting - July 14,2008 Mayor Furlong: But, but I think the request here is to separate the two. Would that be your recommendation as well that we separate them? Kate Aanenson: No, they can tie them together. We've told that to the applicant before but they've never spoken to him. Obviously this is the first time they've even met so we said that's a possibility. They've never pursued it. Here we are at the 12th hour. Roger Knutson: Mayor, I don't think you can separate them into approving part of the Conditional Use Permit tonight potentially and part of the Conditional Use Permit under different conditions on another night. If you want to pursue this then I suggest the whole matter be tabled. Kate Aanenson: Yeah, I'm sorry. I didn't understand that but yeah, definitely table. Give them time. Mayor Furlong: And that was my question. Kate Aanenson: Yeah, to give them time to come back to see ifit works. Roger Knutson: And we can't sit here tonight and design a storm water pond. Mayor Furlong: Understand. Understand. Kate Aanenson: Right. So we need some time to go through that and make sure that Mr. Dungey's on board to do that and it can meet standards and how that whole works and who maintains it and. Mayor Furlong: Okay. Alright. Craig Mertz: Thank you. Mayor Furlong: Anything else from the applicant on? Kate Aanenson: Can we just clarify where we are on time and if they want to give us an extension. Mayor Furlong: Yeah, why don't you check into that. Ijust want to make sure from the applicant that there's nothing else they wanted to address. Kate Aanepson: Okay. Craig Mertz: Would council at least consider doing the signage issue tonight? That's not affected by the drainage. Kate Aanenson: No. I think we should do it all at once. 21 City Council Meeting - July 14,2008 Todd Gerhardt: It wouldn't be staff's recommendation. It's up to the mayor and council if you want to do that but it would be our recommendation not to. Mayor Furlong: Was there anything else then this evening? Kate Aanenson: Mayor, if I can just get clarification from. Craig Mertz: .. .Mr. Dungey wants to explain how the pylon sign got there. Mayor Furlong: If you could Mr. Dungey, slide to the podium for the microphone. You're kind of inbetween two microphones. Gary Dungey: There? Mayor Furlong: Yep. You don't have to, just talk natural. Thank you. Gary Dungey: Okay. I put that sign in 20 years ago and we had the sign inspected. I have no record to this. It's 20 years ago. I do know that when I poured the footing for that sign I had to have a footing inspection. For the size of the footing. The steel in the footing and the size of the bolts to hold the sign. And I had that. That's all I have. So as far as paperwork, I have no paperwork from 20 years ago for that sign. But the sign at that point in time was put up legally. I mean you know I wouldn't have painted a sign up there and certainly got by with it for 20 years so I just wanted you to know that. Mayor Furlong: Okay. Gary Dungey: That it was inspected and obviously there had to be a permit for it if we had an inspection for it so. But I have no paperwork. Mayor Furlong: Okay. Alright. Any questions for the applicant? I guess whether it's a question for the applicant or staff just for clarification. I was reading through the Interim Use Permit that allowed the outside storage for the rental trucks. Specifically spoke to number of vehicles. It was so many trailers. So many trucks. What's being asked here are basically 60 spaces, and I guess just for clarification. Maybe this is a question to the applicant. Is the request to have space for 60 vehicles? Craig Mertz: We want 60 spaces that could be occupied by trailers or by trucks or by boats. Just 60 spaces without designating what exactly would be parked on those spaces. Mayor Furlong: But it wouldn't be your intention, I noticed motorcycles was one of the items in here, to put 2 or 3 motorcycles in a single space. I mean you're looking for space for 60 vehicles. Craig Mertz: R V's, boats and trailers. Wendy Langley: R V's, boats, trailers, yeah. 22 City Council Meeting - July 14,2008 Mayor Furlong: And maybe it's a nit but it's just sometimes there's, that each space provides space for a single vehicle. That's what I hear you asking. That's kind of the way I first read it but as I was reading through here there was a change in the terminology so I just wanted to clarify. Kate Aanenson: We can clarify that. Mayor Furlong: Yeah. Okay. Then I guess the question is, if there is a request by the applicant, do we have a written request or? Kate Aanenson: We're getting one drafted. Roger Knutson: If I write any faster you won't be able to read it. Mayor Furlong: No, I can keep talking abut I don't know if anybody wants to listen. Councilwoman Ernst: Can I ask just. Mayor Furlong: Sure... Councilwoman Ernst: When the applicant referred to wanting grass in the area rather than gravel. I'm wondering why that would be a problem. Kate Aanenson: It's not. Councilwoman Ernst: Oh. Okay. Kate Aanenson: That was approved by the Planning Commission. Councilwoman Ernst: Because I thought it would really actually contribute to the improvement of the drainage. Kate Aanenson: Yep, we recommended that. Mayor Furlong: Any other questions while the city attorney is writing frantically? Todd Gerhardt: We'll get some boiler plate language and just put them in that pile Roger. Kate Aanenson: Just for clarification, we're just asking for a waiver until September 1st. The construction, there's still cost considerations and association so we just want to make sure we have enough time in there. Mayor Furlong: And there would be, between now and September 1 st there'd be 3 additional council meetings? 23 City Council Meeting - July 14,2008 Kate Aanenson: Yeah. And we'll get it on as soon as we can, just so they can execute. Mayor Furlong: Right. Okay. Does your request still stand? Craig Mertz: We are asking that in spite of the staff recommendation, we're asking that you bifurcate this and give them sign permits and outside storage permits and table the ponding. Mayor Furlong: I guess I'd be open to council. Staff has recommended against that. I'd be open to council's thoughts there on whether we break that apart. My inclination would be not. To keep it as a single item but. Councilman McDonald: No I'm making these great arguments about the fact that I think we ought to be enforcing the CUP across the entire thing so I think we ought to stay with it's part of all that. We ought to discuss it when we come back. Mayor Furlong: Consider all the items together. Councilman McDonald: Consider all the items together. Mayor Furlong: Okay. Other thoughts or comments? Councilman Litsey: I agree. I agree. Mayor Furlong: Alright. I guess it is, you know either we move forward with everything or nothing so. Given that. Craig Mertz: You're in the drivers seat here so. Mayor Furlong: Okay. Kate Aanenson: Before we make a motion then you have to sign the waiver. Otherwise they're going to make a motion. Mayor Furlong: Otherwise we'll proceed this evening with what we have in front of us. Kate Aanenson: Yeah. Roger Knutson: Then the motion would be to accept the applicant's request for an extension of time and to table the matter until. . . Kate Aanenson: September 1 st, yeah. Mayor Furlong: Okay, thank you. Would somebody like to make that motion? Councilwoman Ernst: Ijust have one question. So when we're doing this we're going to approve all those, so it'd be the outside storage. 24 City Council Meeting - July 14,2008 Mayor Furlong: Excuse me. The request now would be to table the entire matter to come back at a future meeting. Councilwoman Ernst: Right, but I mean when we approve it or not approve it, it would be either rejected or approved as a whole package. It wouldn't be broken, none ofthose things would be broken out separately. Mayor Furlong: Not necessarily. Roger Knutson: No, you could when it comes back to you after it's tabled. That's what happens. You could for example decide to approve the sign variance and not the amendment to the CUP or vice versa. You can deal with them individually when they come back. Councilwoman Ernst: Okay, thank you. Mayor Furlong: The request was to separate them tonight. Act on some tonight. Defer others and it was the sense of all of us to no. Let's just keep all of them on the table unless we have the whole picture. Councilwoman Ernst: Yep. Mayor Furlong: So the city attorney presented a proposed motion. Would somebody like to move that motion? Councilwoman Tjornhom: Mayor, I move that we accept the applicant's request for additional time and table the motion. Mayor Furlong: Okay. Roger Knutson: Table the matter. There's no motion. Councilwoman Tjornhom: Table the matter, sorry. Mayor Furlong: Table the matter to a future meeting. Councilwoman Ernst: Second. Councilman McDonald: I'll second. Mayor Furlong: Made and seconded. Any other discussion on that? Councilman Litsey: Do we have to put the date in there or it's not important? It's in there? Okay. Mayor Furlong: Any other discussion? 25 City Council Meeting - July 14,2008 Councilwoman Tjornhom moved, Councilwoman Ernst seconded that the City Council table the request for Amendment to Conditional Use Permit No. 87-2 and variance requests for Nick's Storage and Parking. All voted in favor and the motion carried unanimously with a vote of 5 to O. Mayor Furlong: That motion prevails 5-0. Thank you. Thank you and let's see if we can get something worked out and look forward to seeing you in a few weeks. Appreciate your efforts. COUNCIL PRESENTATIONS: Councilwoman Ernst: I would just like to say another wonderful Fourth of July event. Everything that I saw, it was so crowded I could hardly move, so that was a good sign. So good job to everyone. Todd and your team. It was a great event. I had a good time, and I think everyone else did too that was there. Todd Gerhardt: Yeah, I think attendance was up at least 20 plus percent over last year. I don't know if it was gas prices and people were staying a little closer to home but we really appreciated it. I think everybody did have a good time. I think we put on a great event you know thanks to all the outside agencies. The Rotary for organizing so many different things on the 3rd and the 4th. Especially the parade, which was a huge attendance there also. You always know when you have a good event is when accidents and incidents are down and we just had a couple of minor incidents on both days so that's always a positive. You know when nobody gets hurt, things are good so. Kudos to Todd Hoffman, his staff and all the volunteers and everybody at city hall that helped pull this event off. It was a lot of fun. Councilwoman Ernst: Just curious, do we know what our attendance was this year compared to other years? Todd Gerhardt: You know there's no way to really count it, other than you know. Councilwoman Ernst: Yeah, I kind of figured there wasn't but if you had any kind of idea. Todd Gerhardt: How many people are close to your shoulders, you know. Councilwoman Ernst: I think it depends on the time of the day that you get there too. I found that out. Todd Gerhardt: If we could measure it on kegs I could tell you. Mayor Furlong: But to that point, there literally is something for everybody. With the business expo put on by the Chamber early in the afternoon on the 3rd. You see a number of people there. You see a different group of people, a lot more families, younger children during the evening hours during the carnival rides. Then you see, you know and it doesn't mean that it's the total number of people there is going up or down. But then you see adults enjoying themselves in the evening on the 3rd so the number of people attending might be the same during that period but 26 PC DATE: 6/17/08 [TI CC DATE: 7/14/08 CITY OF CHANHASSEN REVIEW DEADLINE: Waived CASE #: 08-10 BY: AA, AF, JM, TJ, JS PROPOSED MOTIONS: A. The Planning CofIlfllission recommef1ds appro';al of City Council approves an amendment to Conditional Use Pennit #87-2 to pennit a total of 60 additional outdoor storage spaces to be located in Phase III of the site subject to conditions 1 through nIl on pages 12 and 13 in the staff report and adoption ofthe attached Findings of Fact and Recommendation." B. "The Plat1t1ffig Commission recommends approval of City Council approves planning Case 08- 10 for a sign variance to allow one monument sign along Highway 212 frontage, in addition to the pennitted monument along Stoughton Avenue with conditions 1 through 4 on page 13 in the staff report and adoption ofthe 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 14 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. . J ,.... - . if 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 (MUS A) phasing, scheduled for the year 2015. The applicant will need to provide stormwater improvements for the subject site. The stormwater improvements must comply with Natural Urban Runoff Protection (NURP) standards. -~- ~ Nick's Storage & Parking June 17,2008 Page 3 of14 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 storm water pond on the northernmost comer of Parcel B; and one monument sign along Stoughton A venue. 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 14 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 l6.29-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 14 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 of the 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 IIUP 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 of the 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 reface any of the 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 14 1. 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 original 16.29-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 of 2004, 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. ~^..dditionally, Pareel f.. does Bot haye a drainage easement with the owner of Parcel B to access or construet the pond area to meet the eurrent requirements. The owners of Parcels A and B have worked out an agreement to construct the pond according to current NURP standards. The pond will be constructed in the original location approved in 1987. 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 14 The applicant worked with MnDOT to remedy the erosion along Highway 212 right-of-way, caused by the runoff from the storage facility. 7 E' ID CORRUG. PIAS11C PIPE SURROUNDED 8Y RIPRAP AT 0l1ltST PDLE-MOUNTED FLUORESCENT UT SIGN 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 stormwater treatment prior to entering the creek. requires written approval from MnDOT. Discharge to the 212 right-of-way The applicant states that storage buildi>>gs haye been on the site without adequate ponding for oyer 20 years and they do flOt haye access to the 1987 appro'/ed ponding area looated on Parcel B, nor does Parcel A have the oapacity to proyide the required pOflding. The applicant is working with staff to maximize the stormwater improvements on their site to the best of their ability. The proposed improyements are more effecti'le than the original holding pond req1:lired as a oondition of approval in 1987. The applicant is proposiRg the addition of t'.'.'o 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 approyed ponding area on Paroel B. The applicant is proposing to add a detention pond in the northernmost corner of the 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 HydroC}.D plans and stormwater calculations for the t':lO proposed Infiltration Ponds, submitted by McCain and Associates dated May 28, 2008 August 8, 2008, staff concludes the following: 1. Drainage and utility easement is shown but must be revised to include: a. Add ten feet of width for a total of 20 feet of easement betWeen the drive entrance and the pond easement. b. Provide drainage and utility easement description and drawing. c. Drainage and utility easement must cover entire 944 contour on the east side of the pond. 2. Update sheet 2 of 2 skimmer detail to show a berm elevation of 744. Nick's Storage & Parking June 17,2008 Page 8 of 14 3. Plans and report must be signed by a registered engineer registered in the state of Minnesota. 4. Security of $12,000 must be provided to the City for the construction of the pond and maintenance of erosion control, along with the signed CUP agreement. 5. The pond must be completed no later than November 15, 2008. 6. 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 heayy duty down gradient ofthe t\'.'o pond f~attKes and any remoyals associated ....'ith 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 is encouraged north of the outdoor storage area. d. An inspection of erosion control must be conducted prior to construction commencement. 1. Based on the calculations for the combined ponds, the capacity will be exceeded for the north pond during the 100 year e'leflt. An emergency overflo','.' ffil:lst be shoy'vn for both ponds. This emergency overflow shall require permanent stabilizatioa. 2. Staff is eoneemed ',Vith concentrating the flo'l.' from the pond o\:ltlet to Parcel B. ,^d} alternati'/e outlet must be utilized to minimize disruption to Parcel B. 3. Based upon eKisting soil coaditions and pond design, infiltration is likely to oeeffi". This sho&ld be aeeounted f-or in the model. 4. The area adjaeeflt to the northern limits of the proposed outdoor storage area should have some type of filter strip and ooergy dissipation best management praetiee. 'While the proposed infiltration ponds do not meet all of the NURP standards; based upon the site constraims, ',vith the exception of the aboye comments, the applicaat has taken adequate meaSUi"es to address storm-water treatment and rate control. Staff is concerned about the maintenance of these ponds; therefore, a drainage and utility easement OYler the poads is being requested. The submitted storm-water calculation s shall be fEwised as necessary prior to installation of the Infiltration Ponds. The proposed storage spaees are ineluded ia the drainage calculations for the proposed ponds. The C\:lrrent parkiag stalls on the east side of the property ':Iill 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. Nick's Storage & Parking June 17,2008 Page 9 of 14 Outdoor Storage I 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, RV's, cars, 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 ofthe 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. Nick's Storage & Parking June 17,2008 Page 10 of14 Signs The site was purchased by the by the applicant in 2004 and the name of the mini-storage changed to Nick's Storage & Parking. All of the signs are currently nonconforming or illegal and were refaced 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. Sign 1 The applicant is requesting a variance to allow the existing non-conforming 64 square-foot, 10-foot tall monument sign along Stoughton Avenue. The monument sign was ref aced in 2007 without a permit and the size and sign face do not meet the requirements ofthe sign ordinance. City Code requires dimensional lettering a minimum Y2-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 Nick's Storage & Parking June 17,2008 Page 11 of14 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 ref ace 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. 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 Avenue. 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. Landscapin2 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. Nick's Storage & Parking June 17,2008 Page 12 of 14 RECOMMENDATION Staff recommends that the Planning Commission adopt the following motions and adoption of the attached findings of fact and action: A. "The PlamHng Commission recommeoos appfO'.<al 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 with the following conditions: I. 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. a. The applicant shall submit a letter of credit to cover the cost of material installation and one year warranty. 3. Drainage and utility easement is shown but must be revised to include: a. Add ten feet of width for a total of 20 feet of easement between the drive entrance and the pond easement~ b. Provide drainage and utility easement description and drawing. c. Drainage and utility easement must cover entire 944 contour on the east side of the pond. 4. Update sheet 2 of 2 skimmer detail to show a berm elevation of 744. 5. Plans and report must be signed by a registered engineer registered in the state of Minnesota. 6. Security of $12,000 must be provided to the city for the construction of the pond and maintenance of erosion control, along with the signed CUP agreement. 7. The pond must be completed no later than November 15,2008. 8. 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 shaH be heayy duty do,:tn gradient of the two pond features and any removals assoeiated '.T,'ita the storm sewer placement. Nick's Storage & Parking June 17,2008 Page 13 of 14 c. A re-vegetation plan for all disturbed areas. Deep-rooted woody vegetation sl'loltld be used alo1'1g the 1'10rth side of the north pond is encouraged north of the outdoor storage area. d. An inspection of erosion control must be conducted prior to construction commencement. 9. Any additional development to Parcel A or Parcel B shall require additional stormwater ponding. (This would include Phase III of Parcel A). 10. The 60 outdoor storage units shall not increase the hard surface coverage on the site. 11. The outdoor storage shall be removed from the site upon completion of Phase III of the mini-storage facility. 1. The area adjaeeat to the northern liIpits ofthe proposed outdoor storage area should have some type of filter strip and energy dissipatio1'1 best management practice. Tl'le applieant shall work with staff to maximize the stormwater treatment 01'1 Pareel f... a. Based on the calculations for the eombined pond, the capacity ':lill be exceeded for the north pond duri1'1g the 100 year 6'"fent. .\n emergen.ey oyerflow must be shown for both ponds. This emergefley overflo'o': shall require permanent stabilization. b. .^..n alternative outlet must be utilized to minimize disruption to Parcel B. 2. Tl'le submitted stormwater ealoolations shall be revised as neeessary prior to installation ofthe Infiltration Ponds. 3. Storm pipe material shall be HDPE or RCP. 4. Based upon existing soil eonditions and pond design, infiltration. is likely to occur. This should be aeeounted for in the model. 5. The applicant shall provide seeurity to ensure the infiltration pORds are installed. 6. f..ny diseharge to the High....,xay 212 right of way requires \vnttefl approval from MnDOT. 7. f.. drainage and utility easement shall be placed oyer the infiltration ponds up to the high \vater 16'"fel. B. "The Pla.nfling Commission reeommends appnwal of City Council approves Plannmg Case 08-10 for a sign. variance to allow a monument sign. along Highway 212 frontage, in addition to the permitted monument sign. along Stoughton Avenue with the following conditions: Nick's Storage & Parking June 17, 2008 Page 14 of 14 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. Storm-water }..ppeal Letter dated Jl:Hle 3, 2008. 4. Discussion of Proposed Stormwater Controls. 5. S~rvey of Entire Site. 6. Survey of Existing Conditions 7. Survey of Proposed Conditions dated 8/8/08 by McCain and Associates. 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\08-1O 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 a total of 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, planning case 08-10, 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 a total of 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 (MUS A) 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. The 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 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 detention pond 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 of the 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 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 a detention pond according to NURP standards, to treat the stormwater 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. 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 3 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. The proposed detention pond meets all of the NURP standards required by city code. 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 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 4 sign along Stoughton Avenue, is reasonable, provided it meets the requirements of the City Code. 6. The planning report Planning Case #08-10 dated July 14,2008, 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 a total of 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 17tl1 day of June, 2008. CHANHASSEN PLANNING COMMISSION BY: Its Chairman 5 Planning Case No 08 - I a CITY OF CHANHASSEN 7700 Market Boulevard - P.O. Box 147 ...... ".- 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@nmfn.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@ao1.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 Lf:;;l..5 Vacation of Right-of-Way/Easements (VAC) --*'-- Interim Use Permit (IUP) &Mdeor ~tora.ge x Variance (VAR) Signs and Hardcover dOC> 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 Cost** I DC - 50 CU SPR/V AC~ AP/Metes & Bounds - $450 Minor SUB TOTAL FEE $ q 88 pd tt 1360 (k: -# 7333 C ~e~n. tt-Sl~ An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. ~ \ k loe.Js )( tt:s -= j l.o.3l'J~.e 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. SCANNED Progress Valley Storage of Minnesota, LLC, d/b/a PROJECT 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 Storage & Parking r - X by. Signature of Applicant Its /J~. ",,_/ ff I ''rt:;,c,;/V / Signature of Fee Owner o~-oJ-{)g- Date Date G:\pLAN\forms\Development Review Application.DOC Rev. 12/05 4 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 comer 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. \\ :::' EXCEPTING THEREFROM nIB FOLLOWING DESCRIBED PARCEL: Commencing at the southeast comer 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 ~ of SE 1/4 ; thence south along said east line to place of beginning. 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 A venue. 2. Status of Driveway Abutting on SW'lv 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 A venue, and one internally illuminated double faced pylon sign visible to Highway 212 near the northeasterly comer 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 replacement sign 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 comer 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 naturallsceniclhistoric 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\O 1 \SUPPLEMENT AL INFORMA TION.doc Proposed Stormwater Controls for Nick's Storage and Parking, Chanhassen, Minnesota Proposed stormwater controls for the Nick's Storage and Parking site include a NURP pond located in the north corner of the Dungee property and a stormwater diversion berm located along the northeast property line of Nick's Storage and Dungee properties. The diversion berm will intercept runoff from Nick's Storage and Dungee properties, and divert it from the MNDOT ditch to the pond. The pond is designed in accordance with City of Chanhassen requirements, and is shown on attached Sheets I and 2. Runoff from both Nick's Storage and Dungee properties are served by the proposed stormwater controls. RydroCAD analysis was performed for pre-existing conditions (prior to development of the Nick's Storage site) and for current development conditions to demonstrate that the peak runoff rate for current conditions (with the proposed stormwater controls) does not exceed the peak runoff rate for pre-existing conditions. PondNet analysis was performed to demonstrate the nutrient removal performance of the pond. These analyses are attached. The pond will be constructed by excavating soils to the pond bottom at Elevation 738, and constructing a containment berm along the MNDOT right-of-way to Elevation 744 with a weir outlet at Elevation 742.5 that will discharge to the MNDOT ditch. Normal pool depth will be 4.5 feet. A bench with a slope of lOR: I V will be constructed from Elevation 741.5 to 742.5, and the weir will be equipped with a skimmer in accordance with City of Chanhassen requirements. The topography of the site directs approximately 83% of the watershed to the east and west ends of the pond. Those areas of the pond will therefore serve as sediment forebays, and short-circuiting through the pond will be minimized. A easement will be placed over the pond to the high-water mark (Elevation 743.8). The following table provides a summary of peak discharge rates for pre-existing and proposed conditions. Peak DischarQe (cfs) Desiqn Event Pre-Existing Conditions Proposed Conditions 2-vear, 24-hour 1.24 0.66 10-vear, 24-hour 11.31 3.46 100-vear, 24-hour 32.83 26.18 ". 5 a. w Hi EB "~" ~. ;. 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,J 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 perD.'lit 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,.un1ess 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 It ....., . . e e CITY OF CHANHASSEN . .' .' r qf~- By: / -,/ ~./ ~..../~ .---<-. onald J..,eIimiel, Mayor By: A2 (Jfl.._.~ Don Ashworth, City Manager STATE OF MINNESOTA) ( 55 COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this 30 tJ, day of ~ , 19i..~y 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. ~a,d,~Pi N ary bI c - DRAFfED BY: Campbell, Knutson, Scott ~~ A IV & Fuchs, P.A IjJJJ '" Suite 317 1380 Corporate Center Curve Eagan, Minnesota 55121 (612) 452-5000 RNK OFFICE OF COUNTY RECORDER STATE OF MINNESOTA COUNTY OF CAR~ Filing Fee (~ /6 This is to certi y that this docJ}rgent ~Ied in t~office ~ the~day 19~.D.at o'clock M. and was duly recorded as document no.. 1.34.~4:.6 . HANSON JR. PAGE ~Or3 PASES by: . : " ~ ,. e EXHIBIT A e\ ,. 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 corner 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 ac~es. 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 pa~cels: Parcell: A st~ip 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: F~om s 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 cu~ve 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 right 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 turnirig 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 3 OF ~'=3 PAGES CITY OF CHANHASSEN AFFIDA VIT 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 h this 5+ day of :::fLkI'\-L , 2008. -- \. KIM T. 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Q) Q) 0 ID ~ ~ OOQ)~'-,Q-E()6OOID=~Q)E~~ .r=.~m ~EQ)>'~~Q)~Q)~oocuU5_ml... -mQ) "C"O l...1::: a. ~ ::.c'c::J 00 ~..c'O'E.8 ~.Qc Q)~~~~~~~~2~.~gg~~~,~~~ ~Egi~~~'~~Q)~~~e8~~~~m~ o<m-~rr.~gOCuID~.r=. ~C~OQ)ID ~c.5~::J~5'E~ .cl...~-~~mo'w5l... ~ ~"E Ci> 00 >.~ E 0 ~ cu ~ ~ ~ 0 C: 5 ~ .!:2 o~ O~o'E!..c~oU~~~m~Q)g.r=.&E5- ~~~'--~cO~~.5~Ec5~~~E~,5: c'-D>'c..cmm5ccLOoCUl...a.~~omu ..~~ ~O~E.c Q)2!!U)~SwIDCi;U~m ~i!~ .S~~~~E~~ ,g~~Q)!~~~ ~c~g~a.CU()~o~-SES~&E!!,co~ ~ ~ a. m +=' ~ Q) ! ~ - 0 5}CJ).g 0 -5 oo.9.S c ffi ,5 8~~'~'icu~cu~~~~I~~~~i~~~~ D: ~O ~.S ~ ~ -g a.~ ~.~ U5 1;) ~ ~ ~ ~ cu Q) 8..9 ~ ,~ ~O ~ ~ &~.~ ~,~ g $:E'~ ~ 0 5 E 5 ~. g ~,~.5:g~~~o~E.!:2gg-::cu~8~~~~ ~~5'c~a.~i~EEo~~~~.9~~i8ID ~g~~~~~~ID8~~,5:~~~~~'~~~~ ~oooc~~w~55~OO~~a.u;<cua.mmoo C:3.. ... 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 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA AMENDED AND REST A TED CONDITIONAL 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 87-2/ Interim Use Permit 92-1 recorded with Carver County on April 23, 1992, Document No. 134346, the City of Chanhassen hereby grants: a) A Conditional Use Permit for a mini-storage facility. b) Interim Use Permit for screened outdoor storage. 2. Property. The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as shown on the attached Exhibit A. 3. Conditions. The permit is issued subject to the following conditions: a. The 60 parking stalls for various vehicle storage shall be confined to the area labeled Phase III in the attached Exhibit B and the area shall have a gravel or grass surface. b. The applicant shall provide 15 Black Hills Spruce along the fence line to provide 100 percent screening of the outdoor storage area. b.l. The applicant shall submit a letter of credit to cover the cost of material installation and a one-year warranty. c. Drainage and utility easement is shown but must be revised to include: c.1. Add ten feet of width for a total of 20 feet of easement between the drive entrance and the pond easement. co2. Provide drainage and utility easement description and drawing. c.3. Drainage and utility easement must cover entire 944 contour on the east side of the pond. d. Update sheet 2 of 2 skimmer detail to show a berm elevation of 744. e. Plans and report must be signed by a registered engineer registered in the state of Minnesota. f. Security of $12,000 must be provided to the City for the construction of the pond and maintenance of erosion control, along with the signed CUP agreement. g. The pond must be completed no later than November 15, 2008. 1 h. A detailed erosion control plan will be needed. At a minimum, this plan shall include: h.1. Erosion control blanket (category 3) on all slopes 3:1 or steeper. This includes the ponds. h.2. Perimeter silt fence needs to be shown. h.3. A re-vegetation plan for all disturbed areas. Deep-rooted woody vegetation is encouraged north of the outdoor storage area. hA. An inspection of erosion control must be conducted prior to construction commencement. 1. Any additional development to Parcel A or Parcel B shall require additional stormwater ponding. (This would include Phase ill of Parcel A). J. The 60 outdoor storage units shall not increase the hard surface coverage on the site. k. The outdoor storage shall be removed from the site upon completion of Phase ill of the mini-storage facility. 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: August 25,2008 2 CITY OF CHANHASSEN BY: Tom Furlong, Mayor (SEAL) AND: Todd Gerhardt, City Manager STATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this_day of ,200_, . by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC DRAFTED BY: City of Chanhassen P. O. Box 147 7700 Market Boulevard Chanhassen, MN 55317 (952) 227-1100 3 . :. '\ ~ .. .. e EXHIBIT A ei All that pa~t of the SE 1/4 of the SW 1/4 of Section 34, Township 116, Range 23, Carver County, Mirtnesdta, described as follows: Commencing at the SE corner of said SW 1/4 Section 34-116-23 .running thence North 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 aide of center line of Trunk Highway No. 51, and said .center line being described as follows: F~om B point on East line of said Section distant 874.8 feet Northerly from the Southeast corner of said Section; thence running in a Southweste~ly 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 7lh.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 right 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 eh!l!:i.ns. thence East: 8.16 chains to place of beginning. Containing 1.65 acres. Par~el 3: Commencing at SE corne~ 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 5E 1/4 of Section 34-116-23 and con- taining 1.10 acres of land, more or less. J fill ~ i c" IU !!i _d to- ~ (31 ; ! (,).1 w w ~l ffi 8 C) ~ 0.. ~ ~ ~ '" . ~ " z ; w " i ~ 0.. E:B -:&-- ~ oW ;Q .- ~ CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA VARIANCE #08-10 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The City Council, acting as the Board of Adjustments and Appeals, approves Planning Case 08-10 for a sign variance, the 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 on property located in the Fringe Business (BF) District. 2. Property. The variance is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described on the attached Exhibit A. 3. Conditions. The variance approval is subject to the following conditions: a. The monument sign along Highway 212 shall comply with the sign ordinance requirements of the Chanhassen City Code. b. The sign along Stoughton A venue shall comply with the sign ordinance requirements ofthe Chanhassen City Code. c. The pylon sign along Highway 212 must be removed. d. A sign permit must be approved prior to replacing the monument signs along Stoughton A venue and Highway 212. 4. Lapse. IT within one (1) year of the issuance of this variance the allowed construction has not been substantially completed, this variance shall lapse. Dated: August 25, 2008 1 CITY OF CHANHASSEN BY: (SEAL) Thomas A. Furlong, Mayor AND: Todd Gerhardt, City Manager STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this _ day of 2008 by Thomas A. Furlong, Mayor and Todd Gerhardt, 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. NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 2 4 ,. EXHmIT "A" That part of the Southwest Quarter of the Southeast Quarter of Section 34, Township 116, Range 23, Carver County, Minnesota, lying southwesterly ofllie 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 ofthe following described line: Commencing at the southwest comer 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 of U.S. Trunk Hi~way 212 and there terminating. .\' ,. . \\ Lf'- EXCEPTING THEREFROM urn FOLLOWING DESCRIBED PARCEL: Commencing at the southeast comer 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 y.. ofSE 1/4; thence south along said east line to place of beginning.