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H-1 Chanhassen Pioneer Cemetery low II MEMORANDUM TO: Todd Gerhardt, City Manager CITYOF FROM: Kate Aanenson, AICP, Community Development Director CHANHASSEN DATE: November 25, 2013 • 7700 Market Boulevard %O PO Box 147 SUBJ: Development of the Chanhassen Pioneer Cemetery Chanhassen,MN 55317 PROPOSED MOTION Administration Phone:952.2271100 "City Council approves the development of the Chanhassen Pioneer Cemetery Fax:952.227.1110 within our boundaries, including: Building Inspections Phone:952.227.1180 • Surveying the property,tree removal, and grading; Fax:952.227.1190 • Installation of a landscape buffer on the eastern and southern property lines; Engineering • Extension of the existing drive into the cemetery and installation of Phone:952.2271160 Fax:952.2271170 a hammerhead for turnaround purposes; • • Establishment of fees for graves at $200 for Chanhassen residents Finance and $500 for non-residents." Phone:952.227.1140 Fax:952.227.1110 Approval requires a simple majority vote. Park&Recreation Phone:952.227.1120 PLANNING COMMISSION SUMMARY Fax:952.227.1110 Recreation Center The Planning Commission held a public hearing on November 5, 2013 to review the 2310 Coulter Boulevard development of the Chanhassen Pioneer Cemetery. At the hearing,the neighbors Phone:952.227.1400 expressed concerns regarding visual impact,tree loss,parking,and economic impact. Fax:952.227.1404 Planning& Five members of the commission participated in the discussion(1 was absent and Natural Resources 1 recused himself). While the commission did not vote,they expressed verbal support Phone:952.227.1130 for development of the cemetery as proposed in the staff report. They suggested that Fax:952.227.1110 staff prepare a cost summary and review parking availability. Public Works STAFF UPDATE & RECOMMENDATION 7901 Park Place Phone:952.227.1300 Fax:952.227.1310 The cost summary prepared by staff is attached. The following assumptions were used in developing the cost summary: Senior Center Phone:952.227.1125 Total New Graves 324 Fax:952.227.1110 Number of Existing Graves 612 Web Site Price per Grave $200 www.ci.chanhassen.mn.us Information about grave sales from 1987 to 1998 is unavailable and therefore not included in the cost summary. However, it is estimated that the city sold 12 graves per year during this 12 year period x $200 = $28,200 Chanhassen is a Community for Life-Providing for Today and Planning for Tomorrow Chanhassen Pioneer Cemetery November 25, 2013 Page 2 Upon review of the parking concerns, staff does not believe the number of parking spaces will change from the current availability. There is a surmountable curb on the east side of Galpin Boulevard and cars can pull off the road and park in the boulevard area(the area between the trail the street)and on the west side of Galpin where there is no surmountable curb. Additionally, staff recommends that the existing driveway be extended further east to accommodate the installation of a hammerhead for ease of • turning around. Staff is also looking for direction from the City Council regarding future planning for a columbarium on the site. A columbarium is a vault with niches for urns containing ashes. This item was not included in the packet for the Planning Commission,but the concept was presented to the neighborhood at a meeting in 2010. Staff felt it was important to discuss this concept as we develop a long-term plan for the cemetery. If the City Council would like this idea investigated,staff will put together some options regarding the location, size, and cost benefit of a columbarium. Finally, staff surveyed the KFS cities regarding cemetery fees (attached). It is staff's recommendation that grave fees be established at $200 for residents and $500 for non-residents. This recommendation will be included in the city code amendment establishing fees that will be considered by the City Council on December 9th ATTACHMENTS 1. Cost Summary 2. KFS Cities Survey 3. Example of Columbarium 4. Planning Commission Staff Report dated November 5, 2013 5. Planning Commission Minutes dated November 5, 2013 g:\plan\2013 planning cases\2013-24 chanhassen cemetery\executive summary.doc COST SUMMARY FOR CHANHASSEN PIONEER CEMETERY DEVELOPMENT November 2013 Projected Revenue Total New Graves 324 Price per Grave (at current rate) $200 Total Revenue $64,800 Proposed Rate Change: - Resident Rate: 212 (2/3)plots x $200 =42,400 - Non-Resident Rate: 112 (1/3) plots x $500 = 56,000 $98,400 The estimated build-out is 27 years (1 grave per month on average). Pro'ected Develo ment Costs Site Preparation (completed in-house by city crews): $4,800 Estimated Time & Labor: 160 hours (2 employees x 2 weeks x $30/hour) Survey Costs $2,000 Landscaping $5,000 Total Development Costs $11,800 Long Term Maintenance Annual Mowing Costs @ 1.18 per grave *$722.16 Additional 324 graves x 1.18 per grave *$382.32 Total Annual Maintenance $1,104.48 *4 mows/month @ 2 hours each mow= 8 hours per month x $15 per hour= $120 x 6 months = $720± 612 = $1.18 History of Fees Collected from Grave Sales and Interment Fees Year Grave Sales Interment Fees 2013 $0 $100 2012 $1,200 $100 2011 $2,600 $300 2010 $7,400 $50 2009 $1,600 $150 2008 $2,000 $450 2007 $4,600 $150 2006 $1,600 $250 2005 $1,800 $400 2004 $1,650 $200 2003 $1,000 $350 2002 $2,200 $200 2001 $400 $150 2000 $1,800 $150 1999 $6,000 $400 Total $38,850 $3,400 In 1987, the Chanhassen Pioneer Cemetery Association turned over their $16,000 treasury to the city. Capital Expenses — Entry Monument Arch, Fencing, Lettering, Footings $11,348.79 Landscaping $3,031.43 Stone Work $7,680.00 Consultant $6,496.67 Total $28,556.89 Rey enue/Expense Report Cash on Hand: - Grave Sales 1999-2013 $38,850.00 - Treasury from Cemetery Assn. $16,000.00 - Interment Fees $3,400.00 $58,250.00 Capital Projects: - Arch and Fencing $28,556.89 - Future Development of Cemetery $11,800.00 - Past Long Term Maintenance, 1999-2013 $16,567.20 at$1,104.48 per year x 15 years $56,924.09 Net+1- $1,325.91 Annual Projected Revenue Per Year: $64,800_27 years=$2,400 *$2,400.00 Annual Projected Expense $1,104.48 Total Net Revenue Per Year $1,295.52 * Using the existing rate of$200 per grave • us us tn V O 0 W x Xan 0..2-d d F.' 0 n , S ' n ° 3 >m > o i w m S a w s s . . m o 0 - - C 3 d ° o 3 H o > > o m a i. 7 2 ° 3. .- w 9 T CD N . U1 n z z z z z z z O O O O O O O O 3 < z < < < -< z < < z z < F o o > > > > > 0 x A s 0. 7,, _v, N 2 R. 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CITY OF CHANHASSEN REVIEW DEADLINE: December 3, 2013 q s�' CASE#: 2013-24 4' H A BY: KS PROPOSED MOTION: "The Planning Commission recommends that the City Council authorize the development of the Pioneer Cemetery to its full potential, which includes tree removal and grading. However,prior to any development, the site should be surveyed to confirm the property boundaries. Additionally, it is recommended that a landscape buffer be added to the eastern property line and possibly the southern property line to screen the cemetery from neighboring properties." SUMMARY OF REQUEST - ■-, Discuss the development of the Chanhassen Pioneer �' Cemetery. =; ■�� 1 LOCATION: 8151 Galpin Boulevard r �Ir p: ® hanhass-r.Cemetery 141. ; '`" APPLICANT: City of Chanhassen F�1—k ':! :a tillli PRESENT ZONING: Rural Residential (RR) Z •.-mot � ,�•�; `i Nu uu _I■1►, ins.:i1ii= frimure miniv 2020 LAND USE PLAN: Large Lot Residential � !! •- •�ia4�2%i11:�!!•�� -4 IQ 111_,,r-kiistt.L'A ACREAGE: 1.75 DENSITY: Not Applicable '4prrr40 ■dli CfiC:Y.: LEVEL OF CITY DISCRETION IN DECISION-MAKING: The Chanhassen Planning Commission is acting in an advisory capacity. Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSAL/SUMMARY The city is seeking input for developing the existing Chanhassen Pioneer Cemetery property. The Planning Commission will forward recommendations to the City Council on the level of development and type of buffer and tree preservation. SCANNED Planning Commission Chanhassen Pioneer Cemetery—Planning Case 2013-24 November 5,2013 Page 2 of 4 APPLICABLE REGULATIONS Chapter 8: City Cemetery Chapter 2: Duties and Powers of the Planning Commission Chapter 20: Landscaping and Tree Removal Pioneer Cemetery Location Map bey *7 w '` •"5Y t '7 pr Q �rt .1, • F �, J y SPI '447 ir 9 ` ' a , Y J Z .,' = C -MEOW - .� �V i v ;co, :h BACKGROUND The Pioneer Cemetery was established in 1861 by early pioneers of Chanhassen. In 1987,the private cemetery association requested that the city take over ownership and maintenance of the cemetery. The membership was aging and not capable of the task any longer. The city council approved the acquisition and the association turned over$16,000 from their treasury to the city. The city is responsible for marking graves for excavation and monument placement, mowing the grass, sod/seed new grave sites, grave sales, working with funeral directors and excavators, recordkeeping, etc. Planning Commission Chanhassen Pioneer Cemetery—Planning Case 2013-24 November 5, 2013 Page 3 of 4 The oldest grave in the Pioneer Cemetery is from 1855, which was originally located outside the cemetery description. With the platting of the Timberwood Estates subdivision, the city sought to remedy this by creating Outlot A and requiring the developer dedicate it to the city (Attachment#1). The Pioneer Cemetery is a legal non-conforming use and is regulated by Chapter 8 of the City Code and full development of the site is permitted. ANAYLSIS Currently the cemetery contains 720 plotted individual grave sites(Attachment#10), of which 612 are usable and sold(shown in yellow). The eastern and southernmost rows (108 graves shown in green) are not usable due to dense buckthorn, overgrown shrubs and trees, and terrain. In late 2009, staff met on site to determine how the easternmost(top)row of graves could be made usable. The northeast property pin was located, however the southeast property pin could not be found. The location of the northeast property boundary identifies space for an additional 216 graves that could be plotted(shown in red). Due to existing large trees that could be saved, the city could choose not to utilize all of the treed plots. The city forester completed a tree inventory and determined that of the 32 trees on the eastern property line, only 8 are of desirable species or size(see Attachment#4). Many are box elders, poplar or ash trees that are either small or not structurally sound. The buckthorn is thick and has started to encroach into the usable graves. A survey of the property boundaries and the future plots would be required. The current overgrowth has created a natural buffer to neighboring uses on the southern and eastern boundary. The city has an ordinance that considers buffering between different land uses. In this instance both the land uses are low density so no buffer is required. Based on the cemetery use and the proximity to residential homes, staff would recommend evergreen trees be planted along the eastern boundary, and would consider landscaping along Lukewood Drive. The city would also remove the trees not to be saved and grade the site to prepare it for future graves. RECOMMENDATION Based on city code, the city is allowed to develop the cemetery property to its full potential, which includes tree removal and grading. However,prior to any development, staff is recommending that the property be surveyed to confirm the property boundaries. Additionally, to be a good neighbor, staff is recommending that a landscape buffer be added to the eastern property line and possibly the southern property line to screen the cemetery from neighboring properties. Planning Commission Chanhassen Pioneer Cemetery—Planning Case 2013-24 November 5, 2013 Page 4 of 4 ATTACHMENTS 1. Timberwood Estates Plat. 2. Property Card for Outlot A, Timberwood Estates. 3. Property Card for Pioneer Cemetery property. 4. Pioneer Cemetery Tree Inventory. 5. City Code Chapter 8—City Cemetery. 6. City Code Chapter 2—Duties and Powers of the Planning Commission. 7. City Code Chapter 20—Landscaping and Tree Removal. 8. Public Hearing Notice and Affidavit of Mailing. 9. Public Hearing Notice TIME CORRECTION and Affidavit of Mailing. 10. Pioneer Cemetery Grave Layout Map. g:\plan\2013 planning cases\2013-24 chanhassen cemetery\13-24 staff report.doc II 0 mn _ _- .. -- -- -.-__. __ - _. w ° w w O v=i Z N �j \ ; 0 F 0 $ o h a I z, N J C v t d V V Z`>Q w a \� 2 u :1;°,i1: N < "°� c ��a: o <} t s3...,'91 335 40;.s 3.1,o t39 ., JO 3.., 3,00 -a.,z ma.a pun- s 1 '1 l' . i. NM k v is b <. r t Wna} of It V �`, 3 i �SS }� a 8 S E i 'L R Y V1* LI_ C ..,,< o Q s , .,. ,. «M r..5. t'45�+ k ;a- 1 Y� @ • S M Q ✓'u a� f 4 yp S. - r • r • m i m Tfiry .S 7 2 s a a h O a O r3 1 4 +. ,1 s 8. -t O O .e' F°' ga. r. S. tk S fin} 1\(p/�, w_ M i S. rF, x��t.. I, 0 i t ° S a s �, i �° -- Pt. —a..a.sonssaw-..e .. .. ?-1 O a....V a rot.x ro is 3.,JO 3.0.a.n. ° ^i as o aroa t,,-'A Lai Ai x: Property Card Parcel ID Number 258520380 Taxpayer Information Taxpayer Name Pli I CHANHASSEN CITY C/O CITY FINANCE DIRECTOR --- Mailin g Address . POBOX147 CHANHASSEN, MN 55317-0147 1$ k Property Address ''`►i:fit Address ' City Parcel Information Uses Muni Srvc Other GIS Acres 0.46 Tax Acres 0.50 Plat TIMBERWOOD ESTATES Lot Block Tax Description OUTLOT A Building Information Building Style Finished Sq Ft Bedrooms Year Built Other Garage N Bathrooms Miscellaneous Information School District Watershed District Homestead Green Acres Ag Preserve 0112 WS 064 RILEY PURG BLUFF N N N CREEK Assessor Information Estimated Market Value 2012 Values 2013 Values Last Sale — (Payable 2013) (Payable 2014) Land $19,600.00 $19,600.00 Date of Sale Building $0.00 $0.00 Sale Value L Total $19,600.00 $19,600.00 Qualified/ Unqualified Disclaimer: This information is to be used for reference purposes only.Carver County does not guarantee accuracy of the material contained herein and is not responsible for misuse or misinterpretation.The preceding disclaimer is provided pursuant to Minnesota Statutes 466.03,Subd.21(2000),and the user of this service acknowledges that the County shall not be liable for any damages,and expressly waives all claims,and agrees to defend,indemnify,and hold harmless the County from any and all claims brought by User, CARVER its employees or agents,or third parties which arise out of the user's access or use of data provided. COUNTY Wednesday, October 16, 2013 Carver County, MN Page 1 of 1 Property Card Parcel ID Number 250151900 Taxpayer Information Taxpayer Name s* CHANHASSEN CITY C/O CITY FINANCE DIRECTOR Mailin g Address © r i PO BOX 147 CHANHASSEN, MN 55317-0147 Property Address Address - City Parcel Information Uses Cemetery-Public GIS Acres 1.24 Tax Acres 1.25 Plat Lot Block Tax Description P/O SW1/4 NW1/4 E 165'OF W 404.25'OF S 330'CEMETERY Building Information Building Style Finished Sq Ft Bedrooms Year Built Other Garage N Bathrooms Miscellaneous Information School District Watershed District Homestead Green Acres Ag Preserve 0112 WS 064 RILEY PURG BLUFF N N N CREEK Assessor Information Estimated Market Value; 2012 Values 2013 Values Last Sale (Payable 2013) (Payable 2014) Land $106,000.00 $106,000.00 Date of Sale Building' $0.00 $0.00 Sale Value Total $106,000.00 $106,000.00 Qualified/ Unqualified Disclaimer: This information is to be used for reference purposes only.Carver County does not guarantee accuracy of the material contained herein and is not responsible for misuse or misinterpretation.The preceding disclaimer is provided pursuant to Minnesota Statutes 466.03,Subd.21(2000),and the user of this service acknowledges that the County shall not be liable for any damages,and expressly waives all claims,and agrees to defend,indemnify,and hold harmless the County from any and all claims brought by User, CARVER its employees or agents,or third parties which arise out of the user's access or use of data provided. COUNTY Wednesday, October 16, 2013 Carver County, MN Page 1 of 1 CHANHASSEN PIONEER CEMETERY TREE INVENTORY _► , a I i �1 `',4 bur oak,5" - , Sc.,,gr - , ,tre r -. ocher 10 e y . • �.- `11r .� e;� ` boxelder.20" �• c}' Y••.4} '- boxelder,13" - { ..."-z.". •' 4, ., - r1 1 boxelder,10" .tip. 'y - 4.' it - - _ , - • 4.• �'. x •'. . poplar 1T' a ;e ry . ' ii boxelder,T , boxelder,9" ti ' paper birch,4"■ a . ' .* , M .*. .1:1-. boxelder,11" •si.4.111.'...' , .,• r' poplar,13 y;e ' 3r > z boxelder 7" t e e 74'i,40-46'...— J l )!, . boxelder P ...ilk , 4„•,+,►Y- 1 .% Y' t ”'.— boxelder . Y . b , '.F•4 '1 bur oak fti vi- '1. ;Y 33„ 4t ei in developed area ' boxelder 1 ' e�► 4 r.,Z" , boxelder ,�,jfi,�. '� I, I •, ,.- -::::-.1-t•`�w M.. 1 ! boxelder ' 4.'":4.1.) r -ybur oak �,F _� linden double .+• . --• . • '4.: +;y 3 29„ �, w 11,10" 9Ri '` , ` n devleoped area s` 4 ' .'r, ash,triple y' a• r ' �4 - 16,14,12" r "a �.v .1 4 4" 1• t linden ), T' tY. 13" .lr , .' elm .- 10" >. ` '+k, s poplar,triple ot. -. 26,19,10" +�.- linden,double ' nil linden 17" 14" • _ Chanhassen City Code Chapter 8 Cemeteries Article II. - City Cemetery Sec. 8-16. -Establishment; description. The Chanhassen Pioneer Cemetery(also sometimes referred to as Chanhassen Cemetery), as acquired by the city, by deed dated September 13, 1984, is established as a city cemetery and shall be controlled, managed and operated as set forth in this article. The cemetery shall consist of the following described tract of land in Carver County, Minnesota: Commencing at a point on the quarter section line 239.25 feet east of the southwest corner of the northwest quarter of section 15, township 116,range 23; thence north 330 feet to a point; thence east 165 feet to a point; thence south 330 feet to a point on the quarter section line; thence west 165 feet to the place of beginning. Sec. 8-17. -Rights reserved to city. The city reserves the right to remove all monuments and all markers, flowers,plants,trees, decorations or other similar things without liability to the owner whenever any of these objects becomes unsafe or unsightly, or fails to meet the standards, rules or regulations of the cemetery as provided for herein. Sec. 8-18. -Records and reports. The city clerk shall be the actuary of the cemetery and shall, in addition to other records and duties, keep a register of all interments and disinterments. Sec. 8-19. -Maintenance funds. All income received by the city for grave or lot purchase price shall be receipted to the general fund for the purpose of defraying the cost of caring for,maintaining and improving the cemetery lots; expansion; or other cemetery purposes as determined by the city council. Sec. 8-20. - Transfer of lots. No cemetery graves or lots may be sold, assigned, conveyed or otherwise disposed of, except by will or operation of law, without the approval of the city. The city retains the first option to repurchase a cemetery grave or lot at the price paid or then current price, whichever is lower. The city may use any of its funds or any cemetery funds for such repurchase and may hold such grave or lot, or again sell and convey the same. Sec. 8-21. -Monuments, markers and plantings generally. (a) In addition to those standards provided herein,the city manager may from time to time adopt regulations establishing standards and requirements regulating the type, location, size, material,number,the manner of placement and installation, and removal of monument markers, and plantings permitted with the city cemetery to the extent not established by this article, and may prohibit the placement of new monuments. (b) Every monument and marker shall be placed in the space as shown on the cemetery plat or as directed by the city.No monument or marker shall be placed unless its location has been approved by the city and the full purchase price of the grave has been paid. (c) No monument or marker may be constructed of limestone, sandstone,wood, or other materials which will not assure relative permanency. (d) All markers or monuments shall be placed upon a suitable foundation and must be structurally sound and properly secured to avoid endangering public safety, health and other property. An apron of at least four inches in width shall be placed around said marker or monument,which shall be made of concrete,which apron shall also be level with the surface of the ground, and which shall be affixed to the marker so as to prevent grass,weeds, or other vegetation from growing between the marker and apron. (e) This section and regulations that may be established by the city council shall not affect monuments or markers of plantings in existence as of April 15, 1985, except in those instances where such monuments or markers or plantings have become unsafe. (f) Only one monument or marker shall be allowed per grave. Sec. 8-22. -Foundations. All monuments and markers shall be placed on foundations of solid masonry at a depth and size so as to assure no settling or movement of the marker or monument. Sec. 8-23. -Installation of monuments or markers. Persons engaging in placing monuments and markers shall provide adequate planking to protect turf and shall remove materials, equipment and refuse immediately upon completion of work. The lot owner, his heirs, successors or assigns are responsible for any failure to abide by this section and shall pay for any and all charges or damages resulting. The lot owner,his heirs, successors or assigns are also responsible for any and all damage resulting from injury or damage to the cemetery or other lots during the excavation of the grave site or recovering thereof. Contractors and others engaged in such work must notify the city before beginning the same. All work in the cemetery, of whatever kind, must be carried on subject to the direction and control of the city.No monument or marker shall be placed in the cemetery until authorization has been issued by the city. Sec. 8-24. -Vaults and mausoleums. Above ground vaults and mausoleums are not permitted. � P Sec. 8-25. -Improvements. Natural plants, shrubs and flowers in containers only may be placed on the cemetery lots.No trees,vines, flowers, plants or shrubs may be planted, no fences erected,nor shall unnatural flowers, shrubs or plants be placed on the cemetery lot. The city reserves the right to remove any 2 tree, shrub, vine,plant or flower which may become unsightly, dangerous or not in keeping with the landscaping design of the cemetery or this section. The foregoing prohibition shall not apply to the city. Sec. 8-26. -Hours open to public. The cemetery will be open to visitors during the hours of sunrise to sunset. Permission to enter at other times shall be secured from the city. Sec. 8-27. - Graves. Each grave in the cemetery may contain the remains of up to two people, either one casket and one cremation urn, or two cremation urns. However, only one monument or marker will be allowed per grave. 3 Chanhassen City Code Chapter 2 Administration Article IV.—Boards and Commissions Division 1.—Generally Sec. 2-46.03. - Planning commission. (a) Commission established. The planning commission is established pursuant to the Minnesota Municipal Planning Act, and has the powers and duties assigned to it by that act, by this Code, and state law. The planning commission is hereby designated the planning agency of the city pursuant to the Municipal Planning Act. (b) Membership. The planning commission consists of seven members appointed in the manner set forth in this subsection. Members of the commission are appointed by the council for staggered terms of three years, expiring on March 31 of each year. (c) Officers; meetings. The chairperson and vice chairperson of the planning commission are appointed by the commission from among its membership for the term of one year. The commission shall adopt its own bylaws with the approval of the city council. All members of the commission may vote on all questions before the commission.No member of the commission may vote on any question in which the member has fiduciary interest, either directly or indirectly. The commission shall determine in its bylaws the date and time of its meetings and shall set such public hearings as are necessary and desirable, or as required by law or this Code. (d) Powers and duties. The planning commission shall have the powers and duties allowed under state law, including: (1) To prepare a comprehensive plan for the future development of the city that is submitted to the council for implementation and to recommend amendments of the plan to the council from time to time as may be necessary or desirable. (2) To initiate, direct, and review, from time to time, a study of the provisions of the zoning code and the subdivision regulations and to report to the council its advice and recommendations with respect thereto. (3) To study applications and proposals for amendments to the zoning code and applications for special permits and to advise the council of its recommendations thereon. (4) To study preliminary plats and to advise the council of its recommendations thereof. (5) To act in an advisory capacity to the council in all matters wherein powers are assigned to the council by state law concerning comprehensive planning,zoning, platting, changes in streets, and other matters of a general planning nature. (e) Reports. The commission shall make an annual written report to the council,not later than March 31 of each calendar year, containing the commission's recommendations for the ensuing year. Chanhassen City Code Chapter 20 Zoning Article XXVI.—Landscaping and Tree Removal DIVISION 1. - GENERALLY Sec.20-1176.—Intent, scope and compliance. (a) The intent of this ordinance is to improve the appearance of vehicular use areas and property abutting public rights-of-way; to require buffering between noncompatible land uses; and to protect, preserve and promote the aesthetic appeal, character and value of the surrounding neighborhoods; to promote public health and safety through the reduction of noise pollution, air pollution, visual pollution and glare. (b) Except for buffer yard requirements specified in subsection 20-1176(f)below, this ordinance does not apply to single-family developments in Al, A2, RR, RSF, and R4 zoning districts which are regulated by landscaping requirements contained in the subdivision ordinance (chapter 18). (c) No new site development, building, structure or vehicular use area is allowed, unless landscaping is provided as required in this ordinance. (d) No property lines shall be altered nor shall any building, structure or vehicular use area be expanded, unless the minimum landscaping required by the provisions of this ordinance is provided for the entire property. (e) The landscaping standards shall provide for screening for visual impacts associated with a given use, including but not limited to: (1) Truck loading areas; (2) Trash storage; (3) Parking lots, interior lot areas and perimeters; (4) Large unadorned building massing; (5) Garage doors associated with auto oriented uses; and (6) Vehicular stacking areas for drive through uses. (f) Buffering shall be provided between high intensity and low intensity uses, between a site and major streets and highways, and in areas where buffering is required by the comprehensive plan. Such buffering shall be located within a required buffer yard. The buffer yard is a unit of yard together with the planting required thereon. The amount of land and the type and amount of planting specified for each buffer yard required by this subsection are designed to ameliorate nuisances between adjacent land uses or between a land use and a public road. The planting units required of buffer yards have been calculated to ensure that they do, in fact, function to "buffer." (1) Buffer yards shall be located on the outer perimeter of a lot or parcel extending to the lot or parcel boundary line, except where easements, covenants or natural features may require the buffer yard to be set back from the property line. Subject to review and approval by the city engineering department, buffer yards that are compatible with the typical city boulevard planting requirements may be located within a portion of an existing municipal public collector or arterial right-of-way. (2) To determine the buffer yard required between two adjacent parcels or between a parcel and a street, the following procedure shall be followed: a. Identify the proposed land use of the parcel and the land use of the adjacent parcel or functional classification of abutting right-of-way based on the city future land use plan. b. Determine the buffer yard required on each boundary, or segment thereof, of the property by referring to the following table of buffer yard requirements and illustrations set at the end of subsection(2), which specify the buffer yard required between adjacent uses and streets. c. Buffer yard requirements are stated in terms of the width of the buffer yard and the number of plant units required per 100 linear feet of buffer yard. Each illustration depicts the minimum buffer yard required between two uses or adjacent to a collector or arterial right-of-way. The project developer shall be responsible for providing 75 percent of the required plantings. If abutting property owner(s) desire to bring the buffering to 100 percent of the required buffer yard plantings,then the adjacent property owner(s)may install the remaining 25 percent of the required plantings on their own property. When the parcel abuts public property, such as roads or parks,the developer shall be responsible for 100 percent of the required plantings. d. Whenever a wall, fence, or berm is required within a buffer yard,these are shown as "structure required" in the buffer yard illustrations. The erection and maintenance of all required structures shall be the responsibility of the buffer yard provider(project developer). Maintenance of the structure shall be the responsibility of the landowner on whose property the structure is located. e. All buffer yards shall be maintained free from all forms of development or storage of equipment or materials. A ground cover of vegetative or organic material shall be provided. Buffer yards shall be maintained free from junk and debris. Dead or diseased vegetation shall be removed and replaced with healthy vegetation. The responsibility to maintain,remove or replace plant materials shall be that of the landowner on whose property the plant material needing maintenance or replacement is located. 2 TABLE OF BUFFER YARD REQUIREMENTS Proposed Development Adjacent Land Use LL/LD MD HD OFF MIX COM PUB ACT PASS OFF/IND LL/LD none B C C C D BB A D MD none A B B C D BB A D • HD none A A B C D BB A D OFF none B B A B B BB B B MIX none C C B B B CC C B COM none C D B B A CC C B PUB none A A B C C A A A C ACT none A B B B C A A A C PASS none A A B B C A A A C OFF/IND none C C B B B CB B B ROAD B B B B B B B B B C The land use abbreviations are as follows: LL/LD—Large lot and low density residential MD—Medium density residential HC—High density residential OFF—Office MIX—Mixed use COM—Commercial PUB—Public/semi-public ACT—Active park/open space PASS—Passive park/open space OFF/IND Office/industrial DIVISION 2. - TREE PRESERVATION Sec. 20-1178. - Generally. (a) It is the policy of the city to preserve natural woodland areas throughout the city and with respect to specific site development to retain as far as practical, substantial tree stands which can be incorporated into the overall landscape plan. (b) No clear cutting of woodland areas shall be permitted except as approved in a subdivision, planned unit development or site plan application. (c) The standards in City Code subsection 18-61(d) shall be used in evaluating site plans. 3 CITY OF CHANHASSEN CARVER&HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO.2013-24 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday,November 5, 2013, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to Review City Cemetery Property and Operations on property located at 8151 Galpin Boulevard. Applicant/Owner: City of Chanhassen—Planning Case 2013-24. A plan showing the location of the proposal is available for public review on the City's web site at www.ci.chanhassen.mn.us/2013-24 or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Kate Aanenson,AICP, Community Development Director Email: kaanenson@ci.chanhassen.mn.us Phone: 952-227-1139 (Publish in the Chanhassen Villager on October 24,2013) CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on October 24,2013,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 Review of City Cemetery Property and Operations—Planning Case 2013-24 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. I 4111I• ilk i Ailethiiis/. K. •n J. En,, - . dt, Dep ity Clerk Subscribed and sworn to before me this day of 0C-1-o±p r' , 2013. Notary Pu. is oiieesrAr . �' % KIM T. MEUWISSEN 1 1:%. Notary Public-Minnesota .,,,,. 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O.al RZ Co £ w'2 °, 2y' EEUc> 38'"• c7Q >.E co 0 O Q O p .c4, 3 p ,.. .3) 03 ,1)-..2..LLd °L•.- m a) Q co a J a < 0J 3 a a0 mmamtgt-«« vU� 3nNQmnmmN ALLAN K BROWN BRIAN N &JANELLE H JOHNSON CHARLES R SOHN 2329 LUKEWOOD DR 8120 PINEWOOD CIR 2351 LUKEWOOD DR CHANHASSEN, MN 55317-9370 CHANHASSEN, MN 55317-9664 CHANHASSEN, MN 55317-9370 CHRISTOPHER J BOIK DANIEL M GRUSS DENTON FAMILY TRUST 2380 TIMBERWOOD DR 2300 LUKEWOOD DR 2305 LUKEWOOD DR CHANHASSEN, MN 55317-9668 CHANHASSEN, MN 55317-9370 CHANHASSEN, MN 55317-9370 JEROME A&NANCY N PARTEN JONATHAN 0& DIANA L NOLLER MARK A& NANCY E BIELSKI 2301 LUKEWOOD DR 2381 TIMBERWOOD DR 8140 PINEWOOD CIR CHANHASSEN, MN 55317-9370 CHANHASSEN, MN 55317-9671 CHANHASSEN, MN 55317-9664 RICHARD R LINDQUIST ROGER A&GAYLEEN M SCHMIDT 616 N 7TH ST 8301 GALPIN BLVD SAINT LOUIS, MO 63124-1690 CHANHASSEN, MN 55317-8413 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt,being first duly sworn, on oath deposes that she is and was on October 29,2013,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 TIME CORRECTION for Public Hearing for Review of City Cemetery Property and Operations —Planning Case 2013-24 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. 05 . _ .0 �._ ._� _ Ka J. Enz./el ."dt, D:�� Clerk Subscribed and sworn to before me this '' day of OGw- , 2013. Notary Publi p; /p� ,/``' A� yOt H89Tre0 KI!�r', MEUWI$SEN 4 Notary Public-Minnesota rommission Expires Jan 31,2015 >, °) > me N o _ U) t' t d o C3o ct y 13.0 c a) ,L o .-• N to - - - . ) y (0 0 0 a) a o" c >.•- n a) o 0 N 0 .. O ' - � a • � Z; '"a �«Q„° °"co-c c a o � a) as -.y ca C o O c Lj p N C � "' aQ v >N a 0 _oN = N U N Y N cO c E o ° 6 L ° `c'_:- tt a .c _ U c C O U C O 4, vo ia0 > az . 1°'5 •'- ° S may - 0 n y � _-Co N 6 o)= N •- N - C .0 L > . e0 '= . a) .- a >,1c • ••O V O Q Q E N 0 O d a rna a R O m r E« v o s w o om ° .0 N N Q 7 N +• U 3 L U p 0U > N C ' o ` ' w p .13- c Z o U O . O d) O as �a)re �'v. mN ::..0....4)-2 c« c a c 2r o0000 O C � v .• . cL a = a C 7 y a (�._ =' ) s O O �n o L C _cm E = 0�C. E�N L n O � oi� -- 3Ecy« d a) >P .11 w ) 0' = 3 2 m o C w O > C v 0 E N O •= E N . V 7 CO d 0 a° y o oz•E O O� O C t 7 y yOE c Q cY N c O 0 L C Q c E as € my m `Oa) C t 0 otc Q= � O =N +N p c rn LQ O OU- N p �- � +.O •am•C ooL � pCN0 _ 2 ca)U)i = y ( ta c - 0N m• o c ° ° y0 C Ma - d . camO (nc vNN -° Q•' 0 ° � 3a) 8i ALLAN K BROWN BRIAN N &JANELLE H JOHNSON CHARLES R SOHN 2329 LUKEWOOD DR 8120 PINEWOOD CIR 2351 LUKEWOOD DR CHANHASSEN, MN 55317-9370 CHANHASSEN, MN 55317-9664 CHANHASSEN, MN 55317-9370 CHRISTOPHER J BOIK DANIEL M GRUSS DENTON FAMILY TRUST 2380 TIMBERWOOD DR 2300 LUKEWOOD DR 2305 LUKEWOOD DR CHANHASSEN, MN 55317-9668 CHANHASSEN, MN 55317-9370 CHANHASSEN, MN 55317-9370 JEROME A& NANCY N PARTEN JONATHAN 0& DIANA L NOLLER MARK A& NANCY E BIELSKI 2301 LUKEWOOD DR 2381 TIMBERWOOD DR 8140 PINEWOOD CIR CHANHASSEN, MN 55317-9370 CHANHASSEN, MN 55317-9671 CHANHASSEN, MN 55317-9664 RICHARD R LINDQUIST ROGER A&GAYLEEN M SCHMIDT 616 N 7TH ST 8301 GALPIN BLVD SAINT LOUIS, MO 63124-1690 CHANHASSEN, MN 55317-8413 CHANHASSEN PLANNING COMMISSION REGULAR MEETING NOVEMBER 5,2013 Chairman Aller called the meeting to order at 8:00 p.m. MEMBERS PRESENT: Andrew Aller,Mark Undestad,Lisa Hokkanen,Maryam Yusuf, Stephen Withrow,and Steven Weick MEMBERS ABSENT: Kim Tennyson STAFF PRESENT: Kate Aanenson,Community Development Director; Bob Generous, Senior Planner; Sharmeen Al-Jaff, Senior Planner; and Alyson Fauske,Assistant City Engineer PUBLIC PRESENT: Doug Allen 2250 Lukewood Drive Mike Hodges 8101 Pinewood Circle Chuck Sohn 2351 Lukewood Drive John Noller 2381 Timberwood Drive J.B. Ryan 8121 Pinewood Circle PUBLIC HEARING: CHANHASSEN PIONEER CEMETERY: REVIEW OF CITY CEMETERY PROPERTY ON PROPERTY LOCATED AT 8151 GALPIN BOULEVARD. APPLICANT/OWNER: CITY OF CHANHASSEN,PLANNING CASE 2013-24. Commissioner Withrow was not present to vote on this item. Aanenson: Thank you Mr.Chairman,members of the Planning Commission.This item is before you today to gather input for the level of discretion is really you're acting as an advisory capacity to the City Council and so whatever,whether it's not similar. It's different than what you would do as a variance application or subdivision where you have to have a certain percentage to move forward so really all you're doing is just giving your input to the City Council. Again acting as advisory. I did include that chapter under your powers and duties so some of this,whatever you recommend forward will then also be taken under advisement as the City Council reviews their application. So this is scheduled,for anybody following this item,it is scheduled to go forward to the City Council on November 25th. So the subject site is located on 8151 Galpin Boulevard. There's actually two parcels and I'll go into a little bit more detail on the parcels and the description and the history in a moment but as we sent this notice out,again with this process we put a notice out,as our typical process,and to everyone within 500 feet but we also put a sign out there. We did receive a number of calls because the sign was out there,concerned that we were moving the cemetery. No we're not moving the cemetery so of the 25 plus calls most of them were just general information. Wanted to know what the City was doing. I explained to them what was identified in the staff report as far as proposals. Again nobody objected to that part of it and we also did receive a number of inquiries about additional plots that may be available. So with that I'll go through a little bit of the history of the cemetery itself. As stated in the staff report it was established in 1861 by the early pioneers of Chanhassen and in 1987 the private cemetery association requested that the City take over ownership and maintenance of the cemetery. The membership was aging and was not capable of doing it any longer so they asked the City to take it over and turned over what they had left in their treasury which was about$16,000. So the City's responsible for marking the graves and monument placement,mowing and maintaining of the site,and working with funeral directors for record keeping and {.` ` • ray ' • t *- - ...' ! 40' .�•,I`' .i.t- • il . 2„ r `� •� k litiA. • - ••M •� - - , .'• `-r,- • - ` ,- _s. ,• ' �, • %.1° r ' :1� • t • 'T = • *\ 7• Aokt, ., r . r% .., ....1 .,4.',' S.- •,,,, r , ' 7 il.4,_:' sr- , .t:',Le. .21kNit4,0- -,..;;;:,,,.....:%.:..,...,As,::f.: .?6%.,:4t:E. Vt. • '-e-,• Oil t rr -.yr. ' z . +. 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"` • 1, 4 `rA ` `r .• ; L 1r ` * ,' • ' flay , k . . , . i , .1 1�'t `�l f w ;. .. so,Existing Graves (612) Graves in Tree Line 108 Pioneer C ( ) October 29, 2013 Proposed Graves (216) Chanhassen Planning Commission—November 5,2013 the like. So the oldest grave was from 1855 and that was actually in this area right here and so that was originally was outside of actually the boundaries of the cemetery because this part was established in 1961. 1861, excuse me. So when the Timberwood Estates plat came in,the City worked, so that would be this exception right here was the original 1861 establishment so when Timberwood came in it was discussed whether or not they could make the cemetery bigger. At that time the 2 1/2 acre minimum lot size was required and the developer didn't want to lose an additional lot so in working through that, because this property already had graves on it,the legal opinion by the city attorney at that time was that that was eminent domain and they took,worked with the developer and go this piece of property added to the cemetery in 1988 simultaneously really with the Timberwood Estates subdivision so this comprises, these two parcels comprise then the 1.75 acres of the cemetery itself. I did attach the city ordinance as part of the staff report. That's Chapter 8 that guides the rules of the city cemetery. Again this is unique in the fact that specific rules regarding this specific cemetery. As you may or may not be aware,we do have the St.Hubert's cemetery which is a conditional use and is governed by a different set of rules but this is what was put in place for the cemetery and has not been changed since it was adopted in 1988. So just for your edification I did include that how it's being operated and maintained and if anybody has questions on that,I will answer that. So in looking at the cemetery itself and the boundaries of the property the City did a tree survey on the property and the trees shown in red are some were some of the significant trees that wanted to be saved. There's a lot of buckthorn that's in the area that's creating some conflict with trees that are already platted in the area. Certainly there's trees that are there right now that have been, plots have not been used because significant trees are in the area and that would continue to be in place but as the City moves forward it is determined that there's 32 trees on the eastern property line and only 8 of them are desirable species so those are the ones shown in red. And many of the box elders or the poplars or the ash trees are either small or not structurally sound so, and also there's thick buckthorn in the area. I did pass out to you some comments from the neighbors regarding the buffer treatment itself and as you know when we do subdivisions it comes up often that the neighboring properties wants to make sure that no trees are cut down on someone else's property and I think that's a conflict we work through all the time and that was the goal with this process is to try to find a way to create that buffer along the property line of the adjoining properties to make sure that there's adequate buffer and provide some screening in that location. In looking at. � Allen Can I ask a question? With regard to the buffer, even though you're suggesting that there's an ade q uate buffer,the code doesn't seem to require a buffer for this property. Aanenson: That's correct. You have low density, low density. You're looking at grave stones which are pretty low profile. In looking at the elevation it's dropping from the property immediately to the east down towards Galpin Boulevard,about 10 feet as you go towards Galpin so it's sloping down. So the goal would be to put landscaping along this perimeter so what the City's desires are,we do have this property corner marked is to identify this property corner. Get that surveyed. Survey the additional available plots in that area. Again there is a demand for additional grave sites. This is about 60 feet, which is approximately what this line to right here is. So the whole depth of that site is about 250 feet. The whole depth of that property so that's an additional 60 feet. By planting,by cleaning up the site now and getting those trees planted it provides for a greater buffer into the future as that,to get the maturity going as that would move forward. So that would be the goal. Again because there is low density, low density we want to be a good neighbor and create that buffer and as you recall when we've done low density subdivisions we've always asked the neighboring property to take that into consideration too so that would be the recommendation. So the goal is that there's currently 720 plotted graves on the site and there's, so you can see of the yellow ones are already platted. The green ones are in a tree line so to clean that up would allow those,they're platted but there's trees in the way. The buckthorn and the like that would need to be cleaned up to move and then the additional one shown in red which is another 216 would be the ones that would be surveyed at the time that we would survey this line and create those additional plots. Again I did pass out to you an email I did receive and if you have questions on that I'd 2 Chanhassen Planning Commission—November 5,2013 be happy to address some of the issues in there so I'll leave that up to you Mr.Chair how you'd like me to do that but I'd be happy to go through some of the points in that. Aller: I would just note that for the record we did receive the email dated Tuesday,November 5,2013, time stamped at 7:10 a.m. and it will be part of the record. It has been received. It has been read and if you'd like to address anything you feel is particularly important or, does anybody have any questions? Aanenson: Well,yeah. I mean if anybody has any questions I guess I'll take it from there. If somebody wants me to address something specifically that was in there. Aller: Having read it I don't but. Yusuf: I have just one question. Aanenson: Sure. Yusuf: On this email the question is asked whether an economic study, economic impact study was performed or conducted. Was there one? Aanenson: No. The City has had the property for a number of years. They're in the business. If someone would request that I don't think the Planning Commission would do that. If you want to make that a request to the City Council that they would do that and figure out the price of,that they want,if they want to do something for that. You can make that,certainly that can be one of your recommendations that they do that. But whether or not we were to move forward the City is always going to have to maintain their entire property. Aller: Right. Aanenson: Is there any other questions on that per se? Weick: I do. Is the plan for buffering just to keep the trees that are in red? Aanenson: No. The ones in red would be future graves. About 216. Weick: No,no,no,no. Aller: On the tree survey. Weick: On the tree survey. Aanenson: On the tree survey, I'm survey. No,no,no. That would just, I'm sorry. Go back to this. Aller: Those are the. Aanenson: Desirable trees that we try to save that are on the site so the additional buffering would be you know what's kind of in place right here. Put this with entire evergreens along this border here and then in looking at this area here, I'm not sure we would need evergreens in talking to the forester. Maybe something lower profile. Maybe not quite as tall that would be in this area here along the Lukewood Drive site and that's something that we could certainly work with the neighborhood on to show them some different iterations of that buffer and how that would work and get their input on that. So with that Mr. Chairman we are recommending that you know,that the City staff would like to pursue then 3 Chanhassen Planning Commission—November 5,2013 surveying the site. Going ahead and moving with the tree removal and platting these extra grave stones and then working with the neighborhoods again to get the adequate buffer and with that I'd be happy to answer any questions that you have. Aller: You've answered mine. Undestad: I just had one question. Do you know what the depth is from the red? I mean what the buffer area,how wide is that? Aanenson: Between the red here? Undestad: Do we know yet? Aanenson: Well this whole,right through here is about 60 feet so between the last grave stone and maybe 10 feet. Undestad: Okay. Aller: Anything? Alright,having no further questions from the members what I'll do is open the public hearing. Anyone from the audience wishing to come forward to speak for or against the motion before the board. Yes sir,please come forward and state your name and address for the record. Doug Allen: My name's Doug Allen. I live at 2250 Lukewood Drive,which is not shown on here. Had a question then a comment. The question is, go back to the so you can see I'm to the east. The cemetery doesn't border my property but if we could go back to the slide that showed the,that shows the different grave sites. The ones that are in green currently,are those plots currently,they're in the tree line. Are they currently owned by anyone other than the City? Are they sold? Why are they not in use? Aanenson: There's trees there right now and so I think now that all the other plots have been sold,they have... Doug Allen: Okay, so those are. Aanenson: But they are platted. Doug Allen: They're platted but they're currently not sold. Aanenson: Correct. Doug Allen: Okay. Aanenson: I don't know if that's true or not. I do not know if they're sold or not. I know they're platted. Doug Allen: Okay. What's,and then the other question I have, and I haven't looked at the budget. Currently what does the City spend to maintain the cemetery. Aanenson: I do not have that information. Doug Allen: Okay,and we don't know then with the additional grave sites what the additional cost for maintenance would be? 4 Chanhassen Planning Commission—November 5,2013 Aanenson: No. Doug Allen: What would the cost of the grave sites be if an individual wanted to purchase them? Aanenson: That information I do not have. I can have that for when we go to the City Council or provide that on our website. Doug Allen: Okay,it just seems pretty clear to me, I don't want the City you know selling these grave sites for one and then having the ongoing cost to maintain what I really do consider a resource to the city. I mean it's part of our culture and our heritage and that will lead into my second comment but I don't want to see that cost us additional dollars. Taxpayer dollars if you sell it once and you've got to maintain it forever so I think the economics have to be worked out. Aanenson: Sure. Well I guess I would say on that,the City's already the majority of it right now. Doug Allen: I know but once you expand it what's the additional cost to maintain that additional property? I mean it's a significant increase so you're going to have more time and labor involved in maintaining that property. Then the other thought that I have is, I'm opposed to expanding. I think that culturally it is part of our heritage here in this city and very few places are going to have a culturally significant,you know this is civil war era cemetery. It's really nice to go there. It's very peaceful. I think by expanding it and modernizing it, it loses some of it's heritage and it's cultural appeal to our area so I think by just making it another cemetery,we as a city stand to lose something. Also I think great care does need to be taken on the buffer zones and I would hope that the City,before making any decisions would work with the property owners in both the, along Lukewood and in Timberwood so that we have a better understanding of what that would look like because while we all knew that the cemetery was part of the landscape when we moved in,you know I think the hope is that we maintain some of it's character and we have to be very,very careful with what that buffer zone is going to look like,if anything is done. Even if it's not an expansion but it's just maintenance of the property because I certainly know the buckthorn problem that we have in Chanhassen and it would be great to take care of that but,but those trees are going to be maintained. That area. The Oaks neighborhood has a lot of beautiful trees. As a property owner you know I've spent thousands and thousands of dollars to take care of my elm trees. You know that's part of Chanhassen. Part of our symbol of our city so that's also something to keep in mind in terms of the economic cost of maintaining this property. Those trees are going to have to be maintained and cared for as well so we'll want to know what that plan looks like. Overall I think I would say just leave it like it is. I don't think we need to do anything to the property. Thank you. Aller: Thank you sir. Any additional comments from anyone? Speaking either for or against. Yes sir. If you could state your name and address for the record that would be great. Mike Hodges: Sure. Good evening,my name is Mike Hodges. I live at 8101 Pinewood Circle. I'm here to oppose not only the expansion but also the removal of trees from the cemetery. I think as the previous gentleman spoke,that is part of our neighborhood that character of the cemetery is quite unique and what makes that cemetery character be what it is,is actually the tree canopy and I think to disturb that would remove that character from it's existence as we know it today. And it's interesting, it was shared earlier, that people drove by and called in. I think that's pretty telling that to drive by and they must have physically had to have stopped to get the telephone number off the sign that was posted there because that meant something to them and I heard you say, I didn't hear the voicemails of course but one of the things you stated was,they were concerned. Maybe you didn't use the word concerned,they were wondering if it was going to be moved. Why would they say that? Why would they ask that? Because that cemetery is part of Chanhassen,excuse me. Again it goes back to the character. And my last thought is this, whoever's running the technology, if you could do me a favor. If you could put that screen saver back up. 5 Chanhassen Planning Commission—November 5,2013 I noticed something when I walked in the room earlier. Your Chanhassen screen saver. Take a good look at that picture up there. What I noticed in the top left corner is a beautiful scenery. What makes it beautiful? It's the trees. Take a look at your very own bottom left corner. Once again a picture of trees and foliage. Take a look at the bottom right corner. Once again there is a reason the City has picked these three pictures. The foliage. The trees and the beauty that come with them. I don't think the City would have selected any of those three pictures to depict the city if those were cut down. Also quite ironic, look at the center of the screen saver. Above the City of Chanhassen,my eyes are a little blurry. What is that figure? I actually see it on the wall behind us a lot clearer. It's rather large. Looks like a leaf to me. Once again part of the city. Part of who Chanhassen and what we want Chanhassen to represent so for those reasons I'm opposed of not only the expansion but the removal of any of the trees. Thank you. Alley: Thank you. Aanenson: Can I just clarify the comments that were regarding the phone calls? Aller: Sure. Aanenson: I don't think anybody was,the majority of the comments were making sure that that cemetery continues to be,it's not just people that were buried there in the past. There are people continue to be buried there, and people were concerned that they can continue,that that continues so that wasn't that we don't do anything or that we're going to move it. That wasn't the majority of the comments. I just want to make sure that's clear. Aller: Thank you. Any additional comments? Your name and address for the record please. Chuck Sohn: My name is Chuck Sohn. I live at 2351 Lukewood Drive which is just south of the cemetery. Aller: Welcome. Chuck Sohn: I just want to go on the record as opposing the expansion. It just seems like there must be a better place to bury people than in a cemetery that is in such a small space where you have to remove a lot of trees and invest a lot of money in squeezing in more grave sites on such a small piece of land. The other thing I wanted to ask was,I read that the southeast pin has not been located. Is that still the case? Aanenson: That's correct. Chuck Sohn: So what would happen if you could not locate it? Would you just assume that the property line goes straight down? Aanenson: No,you can tie it back to other survey markers so you have the surveyor do it and then find it. Put a new survey pin in. That's what a survey does. It happens all the time on people's property that the pin may get moved and we just resurvey and put the new pin in. Chuck Sohn: Okay. Aanenson: Yep. Chuck Sohn: But who determines where that pin goes? 6 Chanhassen Planning Commission—November 5,2013 Aanenson: The surveyor. Chuck Sohn: The surveyor. Aanenson: A qualified surveyor. The same thing as anybody else in the city would use to survey their property. Chuck Sohn: Thank you. Aller: Thank you. And again for those at home,these reports in total are on the website so if you're interested in taking a look at them they're on the City of Chanhassen website under the Planning Commission and under the documents there. Any other statements? Comments? I have another individual coming forward. If you could state your name and address for the record sir. John Noller: John Noller,2381 Timberwood Drive. I'm just to the north. The bordering property to the north of the cemetery. Alley: Okay. John Noller: I have a few questions. So how many additional graves total,red,green are going to be proposed to be added? Aanenson: 108 are in the green and then the 216 in the red. John Noller: What is the entire proposed project cost? Aanenson: Don't have that. John Noller: Ballpark figure? Aanenson: Don't have that. John Noller: And where will the money come from to pay for the proposed project? Aanenson: It'd be part of the cemetery operations. John Noller: And when I spoke with Karen earlier,before the sign was put up, she said the plot would cost$200 and that that cost would be maintained moving forward. Is that still going to be the case? Aanenson: That would be a decision made by the City Council. John Noller: And then when will the City work with the community about the buffer? Aanenson: Would be our recommendation,whatever this group recommends to the City Council that the City Council would then direct staff to work with the neighborhood to create that buffer. So then we would report back to the City Council what that direction would be and they would approve that plan. John Noller: And proposed start date for the project is? Aanenson: Whenever the City Council determines that to be. 7 Chanhassen Planning Commission—November 5,2013 John Noller: Okay. I would just like to go on the record saying that my family and,we oppose the project and expansion. To kind of talk about or to echo some of the things that my neighbors have said is that the City Council once referred to Timberwood Estates particularly as a quote,rural lifestyle community and an expanded cemetery would really sully the quaintness and country feel of our neighborhood and the surrounding communities. Again I'm the top house there. I look,when I sit on my deck every night and I watch people walk through that cemetery. People are walking their dogs. They're taking their kids through there. When you guys talk about low density, from what I could figure out and read,you're talking about population,yes? People moving through the cemetery. Aanenson: Well that's what it's zoned for and there's,yeah. I mean I'm assuming that it's someone in the neighborhood walking through. John Noller: It's a lot of people. Aanenson: Right. John Noller: I'm out there on my deck a lot and work in the yard a lot. I've got 2 1/2 acres that I've got to deal with. I've got a lot of leaves that I've got to deal with. There are a lot of people in that cemetery and I think it's a really,really cool thing that people are going and checking those things,the grave stones out because there is a lot of history and I think that to sometimes bigger is not better. I think that it really removes the quaintness and country feel of the area and I think would not be a positive thing for our community. I also feel that the additional non-natural barrier will significantly impact the property values of all homes that border the cemetery and in turn will lower the values in each neighborhood. Property values aren't,you know I don't need any help going that direction and also if it's going to come out of my tax dollars I don't really want to pay for my property values to go down either. Question. If you remove the rear barrier where will the grounds crew deposit their waste that they pick up in, on the grounds? Aanenson: That would be a condition that we'd ask them to accommodate the waste. I'm assuming they're hauling some of that out now. John Noller: Because currently it goes into the buffer area both on the east side and then on the north side on my property and again I have to look at that. People who have family buried there,I respect that and I think that's great but they're not there every day. I'm there 24 hours a day, 7 days a week. So are my neighbors and so we have to look at this stuff every day and so what I'm concerned about is that if particularly the east side gets taken and kind of opened up into graves,then my north side will become the dumping ground and I just would like some concern to be paid to that. Aanenson: Can I just get a clarification on what you're talking about? Are you talking about people that would visit graves and pick up like... John Noller: No,like the grounds crew when the,particularly well to give you a good example. When the fence,or when the tree fell on my fence from the graveyard,picked up the phone. Called the City. Great. You know awesome response. They came out. They asked if they needed to fix it but when they cut up the tree they just left the tree there so you know when they pick up sticks or when they pick up brush or when they cut things down,that just gets deposited on the periphery. It doesn't get hauled away so I have to look at the pile of sticks and at times I've gone over and tried to tidy it up myself just because I don't want to look at it so again I'm just trying to be a good neighbor here with the cemetery next door. Okay, foot traffic is kind of a critical thing as well as just traffic alone. The addition of the high school has made Galpin a pretty busy place. I think that you now start adding a bunch of graves and start making this a really active graveyard,you're going to add more traffic into the area. Also top on that the apartment complex that's going up on 5 and Galpin and we're just,you're adding more and more traffic 8 Chanhassen Planning Commission—November 5, 2013 to an already very,very busy street. And include in that foot traffic that again we the neighborhood have to kind of sit there and look at. It's already a lot and we don't need 300 and some odd more folks. And then my last comment is that,if the project is recommended forward, our family would like to see additional barrier to the north side of the cemetery for the reasons I've stated above. Thank you. Aller: Thank you. Welcome. J.B. Ryan: My name is J.B. Ryan. I live on the property just east of the bordering property there, 8121 Pinewood. My question is,with the new road we've got an everything,where is the parking now for Memorial Day service and stuff like that? With the wide yellow lines painted they took away any parking at all in front of that cemetery and you want to put in hundred and some more grave sites. Memorial Day when everybody wants to go and visit,where do they park? There is now zero parking where there was at least a lane there they could park and it was the right turn lane to go into Timberwood but that is all gone now with this stupid yellow paint job they put all over the road that steers us off into traffic and shoots us back across traffic. One lanes goes to two in the middle. It's ridiculous so I'm just asking with the expansion that you're looking for,where does even 4 cars park? There's nowhere allowed at all. Aller: Anyone else? Seeing no one come forward I'm going to close the public hearing and open for commissioners discussion. Again this is not a vote up or down. We're going to be passing these comments to the council for decision. Undestad: Well,it's a cemetery. It's been there what,the mid 1800's. Have all these sites,the plots all been kind of set up in there or have we been kind of looking at this like 10 years ago we said let's add another row and 10 years ago another row. Aanenson: That's correct. So now we've got people requesting additional sites. While there are pioneers there,there's people being there and so what we're requesting now is to move into the area of the red zone. Instead of trying to do one row at a time, it makes sense to get the buffer going. To work with the neighborhood now. To get it surveyed. Get it prepared. Get all the lots,the plots surveyed and then some people buy the plots and they may not need them for a number of years so you know while they're sold that doesn't mean they're all being used at the time so it's, some people want to make those decisions for their parents today and so. Undestad: And I guess that's my point is,we do have old people in Chanhassen and there may be people that have been waiting or looking at these places for years and to now to say well let's you know cut that off. We won't do that. People might already be knowing this is where I'm going to be someday and now we say oh you know I don't know if you can do that so, I think if it's been a cemetery the whole time. Everybody knows what's going on in there. The only issue I see is the parking comment. You know when the lane changes and that is a problem out there now. How do you handle the traffic on Memorial Day out there? I think that needs to be looked at but I think as far as the cemetery goes,people in Chanhassen know it's out there. They've been,people want it. People are going to use that and how do you just say no? How do you shut it off now and just say, go find another place? Aller: Additional comments? Hokkanen: Well I had some comments about the trees,or questions. I know Jill probably looked through this very well. I mean I understand the comments from the property owners about the buffer and the City can work with them on all sides,north, east,and south side. I think that's really important. There's a couple of burr oak trees that look fairly large that are in the black,could they be saved? I mean those look like, it's kind of nice in a cemetery to have some big old trees. 9 Chanhassen Planning Commission—November 5,2013 Aanenson: Yeah,right. We can revisit,as the one neighbor stated,we've had trees fall so I think it's not only the age but the health and the quality of the tree. Hokkanen: Okay. Aanenson: Because if we try to save it and in 2 years you know she believes it may come down so we can certainly revisit some of those larger trees. That was her recommendation but I can make that note to... Hokkanen: Well those two,yeah and because some of them she has labeled here poor. I mean I can see that in the box elder but maybe if we can just try to save some. Aanenson: Yeah, if you've been out there? There is one that's in pretty poor shape. Hokkanen: Yeah,right. And then parking. Is,you know as we open up,I mean I think it's nice. It's been a cemetery. It's nice. I've walked through there and walked my dog through there. It's historic but parking since they have restriped Galpin is an issue that I think needs to be looked at. If someone was to have a funeral there,where do you park 40 cars? You know so I think those are my two. I can, would like to look into that a little bit more. Aller: Comments,questions? Weick: Yeah I would comment that I think the plan,with the added greens and reds does a great job of maximizing the space that's available. In hearing the comments that have been made today,potentially there's a way,I'm not sure it has to be all or nothing in my opinion so I'm not sure we have to maximize it and I'm not sure maybe we have to do nothing and maybe there's a plan that could,you know work more closely with some of the clear objections to the tree situation that maybe does a more beautiful job of incorporating some number of increased sites to satisfy that need for the City as well as maintain you know some of the beauty of the existing space for the neighbors as well so,I would just propose potentially that maybe it's not an all or nothing type of plan. Hokkanen: I think for the City Council if we could have the costs available that would have been helpful as well. Cost to purchase. The cost to maintain. Aanenson: And that's true but that's not to say that the City Council. Aller: Although that's not our purview as planners. Aanenson: Yeah,that's true. Alley: We talk about use,not cost... Aanenson: ...and the council may take that under advisement to want to relook at that so I tried to just kind of keep it to kind of the. Hokkanen: Use. Aanenson: What's in your purview,correct. Aller: I think there are many times that things come before the commission that never get followed through on by the homeowner because of changing circumstances. Change in costs so they could do 10 Chanhassen Planning Commission—November 5,2013 something. They've come and asked for permission. They've gotten it granted and then they decide not to do it so again anything we do today is advisory. The City Council's going to make that decision. They're going to take a look at the costs. The expense as they move forward which is why they haven't done it in the past in my estimation so. Hokkanen: Okay. Aller: Comments. Yusuf: No further questions. Alley: Yeah,I agree with the comments. I think it's important that we take a look at the parking situation. Whether or not there's a permit scenario or a special permit for purposes of funerals or for those holidays like Memorial Day or Veterans Day where people will be visiting those graves. The buffer aspect again,I think the City's been a good neighbor since the cemetery was there to begin with,has been a good neighbor in allowing what has been termed as a buffer to remain. Basically it's trees. There is no buffer requirement so when I look at it I say well by leaving it there they've allowed for a cloaking of the cemetery on those sides and there certainly is nothing to stop anyone on the northeast or south from putting up their own barriers and putting up their own trees. Putting up their own fences if they are at the right height and all those requirements but there's nothing' g to stop p them from creating their own barriers and creating their own buffer on their own property so I would encourage, and my comments would follow along with the report. I would encourage them to continue in that vein. To work with them to truly create a buffer to the extent that it doesn't require the City not to do and not to fully utilize it's property. Audience: Can I interject something? I could not put up my own buffer on the south side. That's not mine. I don't own the property on the other side of the street. That's the cemetery's so I'm sorry to interrupt. Aller: No that's fine. I mean what we want to do is have a conversation so that the City Council will get the information it needs to make an appropriate decision. Okay, so with those comments we'll ask that those comments be passed along to the City Council. Aanenson: That's correct and then just again a reminder. This is currently scheduled to go to the City Council on November 25th. We do not send a notice out again but if you want to check the City's web pages with any updates then we'll certainly have those in the project file. Aller: Correct and there'll be an updated package for the City Council people to look at so. Aanenson: That's correct. Aller: Any of those numbers or things that are provided will be on the website. Okay, let's move along to item number 2. Commissioner Withrow returned to the commission for the rest of the agenda. PUBLIC HEARING: VARIANCE: REQUEST FOR A VARIANCE FROM SECTION 20-615 OF THE CHANHASSEN CITY CODE TO CONSTRUCT A DETACHED GARAGE ON PROPERTY ZONED RESIDENTIAL SINGLE FAMILY(RSF)AND LOCATED AT 6780 LOTUS TRAIL. 11