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Findings of Fact D8--It) CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION INRE: Application of Jacques Gibbs for an amendment to Conditional Use Permit 87-2 to allow 60 outdoor parking stalls and an after-the-fact sign variance request for Nick's Storage and Parking in the Fringe Business (BF) District. On June 17, 2008, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Jacques Gibbs for an amendment to conditional use permit 87-2 and an after-the-fact sign variance for property located at 1900 Stoughton Avenue. The Planning Commission conducted a public hearing on the proposed Conditional Use Permit amendment and after-the-fact sign variance which was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Fringe Business (BF) District. 2. The property is guided by the Land Use Plan for Office/Industrial. 3. The legal description of the property is shown in the attached Exhibit A. 4. When approving a conditional use permit, the City must determine the capability of a proposed development with existing and proposed uses. The general issuance standards of the conditional use Section 20-232, include the following 12 items: a. Will not be detrimental to or enhance the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. Finding: The original Conditional Use Permit was approved in 1987 and is therefore a temporary use until MUSA phasing scheduled for 2015. When sewer and water become available to the site, the parcels may be rezoned to Office/Industrial and accommodate a more intense use. Approval of the amendment to Conditional Use Permit 87-2 to allow 60 parking stalls will not be detrimental to the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. The outdoor storage area labeled Phase III was approved in 1992; however, it was specific to the number and type of vehicles stored on the site. The applicant has installed security cameras and an automated entrance gate which is only operable during scheduled business hours. The applicant will provide additional landscaping along the fence line to provided 100 percent screening to traffic along Highway 212. 1 b. Will be consistent with the objectives of the city's comprehensive plan and this chapter. Finding: The site received a conditional use permit in 1987 for the existing mini- storage facility. Sewer and water is not available to the site until Municipal Urban Service Area (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. Adding 60 stalls for various vehicles may change the trip frequency of the mini-storage; however, the mini-storage facility is open Monday through Friday from 9 a.m. to 6 p.m., Saturday from 10 a.m. to 3 p.m., and closed on Sunday. The applicant has upgraded the site by installing a video security system that runs 24 hours a day, 7 days a week, and an automated entrance gate that operates from 6:30 a.m. to 8 p.m. daily. The character of the area will not change with the addition of the outdoor storage stalls. d. Will not be hazardous or disturbing to existing or planned neighboring uses. Finding: The existing mini-storage facility has been in business since 1987. The addition of 60 parking stalls may increase some of the traffic to the site; however, the mini-storage has specific hours. The gate automatically closes and is locked between the hours of 8 p.m. and 6:30 a.m. e. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. Finding: The site does not have sewer and water services available to the site until MUSA phasing, scheduled in the year 2015. The Infiltration Ponds will provide adequate drainage and stormwater treatment prior to entering Assumption Creek. The site is currently served by Stoughton A venue, which is maintained by the City of Chaska. The applicants have installed security cameras and a self- closing gate on the property for off hours to ensure safety on the site. 2 f. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. Finding: The site will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare 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 addition of 60 storage spaces may increase the traffic to the site; however, the intention of the site is for the storage of recreational vehicles. The hours of operation are limited to Monday through Friday 9 a.m. to 6 p.m., Saturday 10 a.m. to 3 p.m., and closed on Sunday. The applicant has upgraded the site by installing a video security system that runs 24 hours a day, 7 days a week and an automated entrance gate that operates from 6:30 a.m. to 8 p.m. daily. h. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. Finding: The site currently has access off of Stoughton A venue; there have not been any issues with traffic congestion from the site. 1. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. Finding: Based on the conditions of approval for the mini-storage and outdoor storage, the proposed use will not result in the destruction, loss or damage of solar access, natural or scenic or historic feature of major significance. The applicant is proposing to install infiltration ponds that will treat the stormwater to a greater extent than the 1987-approved detention pond, prior to entering Assumption Creek. J. Will be aesthetically compatible with the area. Finding: The mini-storage is an existing facility and will not change the aesthetic appearance of the area. In addition to the proposed 60 parking stalls, as a condition of approval, the applicant will install landscaping to screen the outdoor storage from public view along Highway 212. k. Will not depreciate surrounding property values. 3 Finding: The proposed 60 parking stalls will not depreciate surrounding property values as the storage facility has been in operation for over 20 years. The applicant will also ensure that the outdoor storage is 100 percent screened along Highway 212. 1. Will meet standards prescribed for certain uses as provided in this article. Finding: The mini-storage buildings have been active since 1987 and meet the use criterion of the city code. Based on the conditions of approval, the outdoor storage will meet the 100 percent screening requirement of the city code with the addition of 15 Black Hills Spruce along the fence line. Thus, there will be minimal visibility from Highway 212. While the proposed infiltration ponds do not meet all of the NURP standards required by city code, they will more effectively treat the stormwater runoff than the 1987 -approved detention pond, which predates NURP standards. 5. The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts: a. That the by reason of topography or other conditions, strict compliance with the requirements of this ordinance would cause a hardship. Finding: The mini-storage facility was only permitted one sign in accordance with CUP 87-2 to be located along Stoughton Avenue. The monument sign for which the variance is requested does not meet the size or height requirements for the BF district. The location of Sign 1 is clearly visible along Stoughton Avenue and will be clearly visible at 24 square feet and 5 feet tall. There is no topographical reason for Sign 1 to exceed the sign ordinance requirements for the BF district. Sign 3 (pylon sign) was not permitted as part of CUP 87-2, nor is it a permitted use in the BF district. Due to the topography and required landscape screening for the site, a monument sign along Highway 212 is a reasonable request, provided it meets the requirements of the City Code. b. That the variance does not adversely affect the spirit or intent of this ordinance. Finding: The Fringe Business (BF) district allows one sign per lot and the Conditional Use Permit approved one sign along Stoughton A venue. The monument sign along Stoughton Avenue far exceeds the requirements of the sign ordinance for the BF district. The pylon sign facing Highway 212 was never permitted and it is not a permitted use in the BF district. The monument and pylon sign are after-the-fact variance requests and are a continuing violation of the city code. The intent of the sign ordinance is to allow a business reasonable opportunity to advertise their name and service. The mini-storage facility has street frontage on 4 Stoughton Avenue and Highway 212. A 24 square-foot, 5-foot tall monument sign is permitted on Stoughton A venue and, due to the topography and required landscape screening, a monument along Highway 212, in addition to the monument sign along Stoughton Avenue, is reasonable, provided it meets the requirements 6f the City Code. 6. The planning report Planning Case #08-10 dated June 17, 2008, prepared by Angie Auseth et al is incorporated herein. RECOMMENDA TION The Planning Commission recommends that the City Council approve the amendment to the conditional use permit to allow 60 outdoor storage stalls and approve a sign variance to allow a monument sign along Highway 212, in addition to the monument sign along Stoughton A venue, on property located at 1900 Stoughton A venue, based on these Findings of Fact. ADOPTED by the Chanhassen Planning Commission this 1 ih day of June, 2008. 5 4 EmmIT "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 THE 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 ~ ofSE 1/4; thence south along said east line to place of beginning.