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1g Planning Comm Min 4/5/00 ~ CHANHASSEN PLANNING COMMISSION REGULAR MEETING APRIL 5, 2000 Acting Chairman Conrad caUed the meeting to order at 7:05 p.m. MEMBERS PRESENT: Matt Burton, LuAnn Sidney, Alison Blackowiak, Deb Kind and Ladd Conrad MEMBERS ABSENT: Craig Peterson and Kevin Joyce STAFF PRESENT: Bob Generous, Senior Planner; Cindy Kirchoff, Planner I; and Dave Hempel, Asst. City Engineer PUBLIC HEARING: ABRA AUTO BODY AND GLASS IS REQUESTING AN AMENDMENT TO THEIR CONDITIONAL USE LOCATED AT 40 LAKE DRIVE EAST. Cindy Kirchoff presented the staff report on this item. Conrad: Any questions for stafi'! Blackowiak: Sure, I've got a few questions. In the staff report you make the distinction between outdoor storage and outdoor parking. Can you talk a little bit about why then our recommendation is for outdoor storage when you are considering this outdoor parking? - Kirchoff: That is what is permitted as a conditional use in that district. That is what is stated as outdoor storage. Just to be consistent with what is permitted under the ordinance. We did list as a condition that the cars can't be in those designated parking spots for more than 48 hours so they are parked and not storage... Blackowiak: But on the attachment it shows four spots. Will those be striped or in some way designated outdoor storage or, how do we assure that those four and those four only are the spots that are non-operable vehicles? Kirchoff: We could designate it. Put some sort of striping or signs... Blackowiak: Okay. And then my final question is what are the business neighbors doing in terms of outdoor storage or parking? Specifically Goodyear and then Car-X. And then also what's happening on the north side of Highway 5 as well. Kirchoff: Goodyear's conditional use permit does not permit outdoor storage of damaged or inoperable vehicles. Car-X I believe is the same. Planning Commission Meeting - AprilS, 2000 Blackowiak: Okay, and what about the north side of Highway S. That's also in the Highway S overlay district. There are some auto related businesses west of 101, east of Great Plains. Kind of behind the Amoco. Right in that area. Kirchoff: Yes, the Hanus building where Brown's Tire and Auto. BIackowiak: Yes. Kirchoff: They have an existing conditional use permit that dates back to the 70's so that was prior to the our new code being adopted. Blackowiak: Okay, so at this point they are allowed outdoor? Kirchoff: I believe so... Blackowiak: Okay, thank you. Conrad: Other comments. Kind: I have a few questions Mr. Chair. 100% opaque screening means we will absolutely not see anything. If I'm getting this right. And then I noticed on the site plan that it has to coincide with their current storage area as well so the benefit could be that they would also...trash enclosures. Kirchoff: That's correct. Good way of looking at it. Kind: Thank you. Sidney: I'm wondering...the current outdoor storage... Kirchoff: That is correct. Conrad: Can you flash that diagram up? See the hash marks... Kirchoff: We're asking that trees be planted in this area and in this area... the cars from Highway S. Here's the existing berm... Conrad: ... would the applicant like to make a presentation or talk about the.. .is the applicant here? Jeff K: Good evening. My name is JeffK... Not very often will we get them... Conrad: Any questions for the applicant? I think we're looking at four stalls. Is that reasonable? JeffK: Not all of the vehicles will be...not very often will we have... 2 Planning Commission Meeting - April S, 2000 Kind: Mr. Chairman I have a question. I thought of Alison's question about how are the tow trucks going to know where these four...spots are? JeffK stated that Abra would notify the towing companies that they deal with to let them know where the drop off spot for vehicles should be. They only deal with a few tow companies. Abra would also notify the Carver County Sheriff's Department who sends cars from car accidents to their shop sometimes during the nights or weekends and let them know where the drop off should be. Conrad: Other questions? Blackowiak: Mr. Chair I have a question. Would you be open to just simply purchasing some type of sign for the four spots saying inoperable vehicles only or reserved parking or something specifying that this, that not just anybody should park here? JeffK responded to the Alison Blackowiak's question. Blackowiak: No, I'm not talking about striping. I'm talking specifically a sign that would be right at the head of the parking spots saying you know drop off zone, something to that affect so that tow truck drivers bringing a vehicle in could say oh, drop off zone. This is me. JeffK: We can do that. Two truck drivers more than likely... Conrad: Alison, I think it's a good point though just to jump on. I think we need a sign that says something like the only overnight parking permitted here. We need something that. Blackowiak: And I'm not sure of the verbiage. Whether it's overnight parking only or reserved parking or what exactly we should say but I think we need to specify in some way, shape or form. JeffK: It is my understanding.. . example if somebody checks their car.. .on Friday and they prepaid for it... The other parking areas are for vehicles that are repaired and... I don't see that there's going to be any problems... some type of signage. Blackowiak: Simply reserved or something and that might cover a variety of cases, whether it's early pick-up or late drop-off. Henry made a comment at this point. JeffK: I think what Henry's referring to is let's say your car is drivable and... Blackowiak: Well I guess I might be missing the point here. Cindy, excuse me. Currently can they park their vehicles overnight? Kirchoff: ...there's no damage or inoperable vehicles shall be stored overnight. 3 Planning Commission Meeting - April S, 2000 Blackowiak: So if there is a vehicle that can be driven that's simply being dropped off, you can park anywhere on the lot overnight, is that true? Kirchoff: . ..damaged or inoperable. That's what the. Blackowiak: I mean how do you define damaged? I mean if I've got a fender that's bashed in, I would consider my car damaged. Kirchoff: That's fair to say. Blackowiak: Okay. So then should it be, I mean are we trying to restrict the overnight parking then to the north side to screen it from the neighbors or what is our goal here? Kirchoff: The goal of this is to have cars that are seriously damaged parked in a screened area. Because they're not supposed to be stored outdoors on the site. JeffK: We may not even know if a car's...it's drivable. Blackowiak: Right. Yeah I certainly understand that. I'm just trying to think of from the neighbor's perspective for example that if we're trying to keep the cars on the north side of the building, that we need to somehow designate that, let's try to get these cars on the other side of the building. I mean whatever side we choose, that maybe we should... JeffK: ...there's berms allover... Blackowiak: Right. Which is exactly what I'm saying. JeffK: I'm saying the... Blackowiak: Right, but according to staff that those cars shouldn't even be stored overnight. I mean that's currently what's happening. There's not supposed to be any overnight storage. Conditional use permit, right. And I don't want to argue the point. I guess I'm... Conrad: Well I think we should turn it back to staff to figure out how to designate it, because I think designating an area is important... whether that's striped or signed, I can support that. I think we'll turn it back to staff to figure out how to do that. I guess I was... The damaged was the word in here that I really thought...Is there a motion to open this for a public hearing? Kind moved, Blackowiak seconded to open the public hearing. AU voted in favor and the motion carried. The public hearing was opened. Conrad: I'll open it up for public comments. Any comments? Motion to close the public hearing. 4 Planning Commission Meeting - April 5, 2000 Sidney moved, BIackowiak seconded to close the public hearing. All voted in favor and the motion carried. The public hearing was closed. Conrad: Comments? Blackowiak: Well I think you can see where I'm going. I really feel that we need to designate an area for outdoor storage and whether or not it's for parking or outdoor storage, again I'll look to staff to define that but I feel that we really need to consider the neighbors to the south. And that the northern parking stalls are the most suited to overnight storage and that we should in some way, shape or form sign those. Not necessarily stripe based on our winters and nobody will ever see them in winter. But I'm talking permanent signs saying you know, overnight parking only or something that people, can tell people that if you're towing a vehicle in here, you know please put it up here because otherwise we'll start getting things along the west side and then we'll run into problems. That's where I'm going with this. Kind: Mr. Chairman, I would just add that I think even operable vehicles that are being dropped off should be.marked.. .signage clearly directing that we design the entrance driveway directing drop offs to the designated area which is the north side of the building. And then... Burton: I agree with the comments. I just think,l was thinking with the sign saying, a suggestion might be that damaged vehicles received.. . otherwise I don't have a problem with it. Conrad: Yeah, I agree with that.. . also a warning that vehicles will be ticketed if not parked in designated areas. Is there a motion? Before the motion, greater than 48 hours. How do we monitor this? 40 hours. What a pain right? Kirchoff: That's something that we'll have to pass on and just insure that the applicant is monitoring it as well... Conrad: Is there a motion? Kind: Sure Mr. Chairman, I'll make a motion. I move the Planning Commission recommends approval of the request to amend a CUP #92-2 to permit the outdoor storage of vehicles overnight and on weekends and CUP #00-2 to permit screened outdoor storage with the following conditions, I through 3. Plus a condition number 4 that says the applicant shall work with staff to create a way to direct drop-off's of operable and inoperable vehicles to the designated area. Conrad: Is there a second? Blackowiak: I'll second that. Conrad: Any discussion? 5 Planning Commission Meeting - April S, 2000 Kind moved, BIackowiak seconded that the Planning Commission recommends approval of the request to amend CUP #92-2 to permit the outdoor storage of vehicles overnight and on weekends and CUP #00-2 to permit screened outdoor storage with the foUowing conditions: I. All outdoor storage must be completely screened with one hundred percent (100%) opaque landscaped screen. Two, 8 to 10 foot evergreens are required to be planted for each designated parking stall, or eight total. The trees shall be located to the north, northeast, and east of the proposed designated parking area and staggered IS feet on center. 2. The landscape screen must meet the standards of the HC-I District. 3. Damaged or inoperable vehicles may be parked overnight within the designated area as shown on Attachment S for a period not to exceed 48 hours. 4. The applicant shall work with city staff to create a way to direct drop-off's of operable and inoperable vehicles to the designated area. All voted in favor and the motion carried unanimously. PUBLIC HEARING: LARRY VAN DE VEIRE FOR AN INTERIM USE PERMIT TO HAUL 50.000 CUBIC YARDS OF EXCAVATED MATERIALS ON THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF TH 5 AND GALPIN BL YD. Dave Hempel presented the staff report on this item. Kind: I have a question Mr. Chair. How far into the 40 foot setback is this going to be? Hempel: Up to the edge... Kind: So is that 30 feet? Hempel: That would be, actually it'd be 40 feet. We have a 10 foot buffer and 40 foot setback and they are proposing... Fill the slope of the wetland setback is here... Kind: Really? Okay. Just not filling. Burton: I have a question. SO,OOO cubic yards of material, and I assume that's soil, right? Hempel: Clay like material, yes. Burton: Okay. Do we want to limit it to that type of material? It says that we're approving, if we pass this as suggested, we'd be approving a permit with conditions but I don't see anywhere 6 Planning Commission Meeting - April 5, 2000 in the conditions where it talks about 50,000 cubic yards of materials or what the material would be. I'm wondering, does that encompass in the permit, which I don't see. Hempel: Very good point...specify clean fill material. That would qualify clay like material or topsoil. .. . concrete and asphalt... Blackowiak: ... the diagram. Hempel: The site is... Commissioner Sidney asked a question of Dave Hempel. Hempel: It does vary throughout the site. On the westerly edge of the property along Galpin Boulevard.. . approximately 4 feet. And as you get closer to the wetland and you grade the slope... 18 feet. The property slopes... Kind: I had one more that I thought of. The public works from the County, the letter talked about the applicant should be responsible for keeping Galpin Boulevard free of debris and such. I did not notice that as a condition. Would you be agreeable to that? Would you suppose that? Hempel: I believe it is an important part... Kind: Okay. Hempel: All streets as a result of this. . . Every 24 hours they have to... Conrad: Are the hours of operation standard? Can those be extended? Are they typical? Hempel: Yes Mr. Chairman. They're the standard construction hours. Conrad: And you didn't put a time limit on the two. There is a date of November 15th, but really you didn't really, what are we trying to do here? Are we trying to spread it out? Are we trying to, how are we controlling? Hempel: I won't speak for the application but from previous conversations we've had... Conrad: Okay, any other questions of Dave? Is the applicant here? Comments from staff report or anything else? Larry VanDe Veire: Larry VanDe Veire, the applicant for the fill. Fill permit. I don't know what I can add but if! can answer any questions... Blackowiak: Sure a couple. How many truck loads is 50,000 cubic yards? 7 Planning Commission Meeting - April S, 2000 Larry Van De Veire: It depends on how you bring them in. I guess I didn't figure it but it's a lot ofloads. It's a lot of truck loads but I don't have it calculated. Conrad: Typical truck load is? Larry Van De Veire: Oh, a tandem will haul IS yards. Blackowiak: IS cubic yards? Larry Van De Veire: Yeah, if they come in with an end dumper or something like that, you'll haul24. It's a considerable amount. Blackowiak: So a lot of fill. Okay. Larry Van De Veire: And I guess that's one of the reasons you asked about the length of the permit. There's a considerable amount to be had right now, 40 out of the 50. I'd like to accomplish it as soon as possible but it is a lot of fill, of clean fill that a guy has to generate. Blackowiak: So do you have an estimated completion date at all? Larry Van De Veire: No. Blackowiak: As soon as possible I'm assuming for you. Conrad: And what would that run, a minimum. You've got 40,000... Larry Van De Veire: Again it depends on the projects themselves. I guess I haven't looked at the other project to see if the fill has been stockpiled and we can just haul it out of there. It all depends on where it's coming from. This is a close haul but I don't know how long it will take to load and how many trucks a guy can put on it. So I really don't know. I guess I was anticipating a month, something give or take, if you could get a number of trucks on there. Conrad: It's a public hearing... Hempel: I remembered what I was going to state... Interim Use Permit is good for one year. The applicant can request an extension to that... Just getting back to the time frame... 25 loads a day... 100 days, 3 months. Ladd Conrad asked a question of Dave Hempel. Hempel: Filling a hole. The edges, there's sheet draining off the site... Larry VanDe Veire made a comment from the audience. Conrad: This is a public hearing. A motion to open the public hearing. 8 Planning Commission Meeting - April 5, 2000 Kind moved, Burton seconded to open the public hearing. The public hearing was opened. Conrad: Would anybody like to comment? Matt Bosen: My name is Matt Bosen. I live at 77...Court which is the Walnut Grove Association. Which is on the north side of the future expansion of the highway. Northeastern. I didn't get the staffreport. I just have a few basic questions and it has to deal with standard operating hours. Because there are a lot of condos that are right on the other side of those woods right now and we've got a lot of people coming in and out on Galpin there. I'm a little concerned with all these trucks hauling in and out, that it's going to create atraffic nightmare in my mind. I'm also wondering about obviously time. I don't know if they're working Monday to Friday or Saturdays as well. I'm also worried about the duration of this project. I'd like to see it completed as soon as possible. We can't stop it obviously from our Associations point but I don't want it dragging on for a few years...so those are just my comments and questions that I would like to see answered. Conrad: Matt, the staff report talks about 7:00 a.m. to 6:00 p.m., Monday through Friday and 9:00 to 5:00 on Saturdays so that's what I was questioning with staff, are these typical and the comment back to me was yes, that's typically what they allow haulers to do. ...Larry, what's your cap? You're going to run Saturdays if you can or is your preference Monday through Friday or what do you do? Larry Van De Veire answered the question from the audience. Conrad: And I'm not trying to negotiate anything here. That's not my role but again, you hear what we're saying right now. That's the condition right now. Noise is a factor. Safety is a factor in terms of truck traffic. It's a question of balance. I think I heard that he wants to move as much as he can in right away, which is kind of cool. That's pretty... Matt Bosen: Oh yeah, I understand. Where are the trucks going to be entering? Entering on Galpin or...? Larry V an De V eire stated the trucks would be entering off of Galpin. Matt Bosen: The other concern that I do have, you mentioned that all the streets are cleaned. I hope that that...I know we are a private association... The dirt would come that way through the trees.. . Conrad: Are you the President of the Association? Matt Bosen: I'm the President. 9 Planning Commission Meeting - April 5, 2000 Conrad: ...then we almost have to give you that job of being the monitor. You know seriously. Staff's not going to be out there and it sounds like we're trying to do the right thing here to get the fill in quickly and whatever. Matt Bosen: That's fine by me. Conrad: But you're going to have to be the guy that talks to Dave and then make sure. He wants to get it right so...one of those communication deals. It's not a place where we can make a motion. .. Matt Bosen: I just wanted to cover those things... Hempel: Mr. Chairman I'd like to add something. Trunk Highway 5 project is scheduled to be bid on... You're going to have MnDot construction going on... Again, there's a lot of other trucks going on... Shirley Engh: Good evening. Shirley Engh, 7642 Prairie Flower Drive in the Walnut Grove. I didn't know how many questions you allow but I guess... I remembered discussion about 2 or 3 months ago about an attractive gateway to... I've seen some of those barriers. In a very short time they're broken down and... And with respect to today's weather, what happens when we have that kind of weather and there's big drift piles out there and the dust begins to blow over the highway, over to... There was a situation of that last sununer with the construction going on out... The time limit. You say one year. Is that one year to be filling this in? Is it one year that that pile is going to remain there? ... Then say the pile comes in and stays there for years... Say he goes out of business, what happens with that pile there? Who's responsible to get rid ofit... Traffic again... Environmental study... Conrad: There are a lot of things that we can't legislate or put into a motion so, but there are people that can do stuff. Dave would be that one. There were about 6 or 7 things... 3 or 4 of those I think, you can be the monitor of...give Dave a call and say it's not working. I see... Dave's going to be the one...you've got to call Dave. That's okay. You said it's a big project and it is. That's a lot of dirt. I think you haven't seen the staff report. There are some conditions in here that I think if you saw it, if you haven't seen it, you can ask staff tomorrow for a copy of it. It might reassure you that there are conditions in place that really take care of some of these things. But again, it's not where rules... where you talk to Dave and you said this, I heard you at the Planuing Commission meeting. You said... But on the other band it's a long project. There's still time to solve some things so again, take a look åt the staff report. I think, I'm not trying to take away all the things that you said... Blackowiak: One thing. It's not necessarily going to be a big pile of dirt. They're filling in the hole. Well they're talking about 18 feet in the center offill. And yet I don't, it's enough...a fairly flat pad. Conrad: It will be flat as a result of this filL 10 Planning Commission Meeting - April 5, 2000 Blackowiak: Yeah, that's the impression that I got. There's not going to be this huge pile of dirt. It will be...so if that helps at all. I don't know. Conrad: Any other public comments? Okay, a motion to close the public hearing. Burton moved, Kind seconded to close the public hearing. The public hearing was closed. Conrad: The public hearing is closed. Kind: One of my questions related to operational hours. The subject of the school came up. The school my daughter goes to. And there's a lot of school buses. And at peak hours... Is it unusual to suspend trucking during those times? Would that be a reasonable thing to ask? Hempel: Well I would think... Kind: The morning start time at school is 9:1S. That would be a prime hauling time... What do you think about suspending it for a half hour or a period there? Hempel: From a trucking standpoint, contractor's standpoint, it'd be unusual... It may be possible but.. . Kind: Alison showed me the math and it's over 2,500 truck trips and I just, I see school buses and trucks at the same intersection and it seems like a nightmare but it's just something that I thought of. I'm not sure. Blackowiak: Well you know Deb, I'm not concerned at all. Kind: Okay. Blackowiak: They're going west and north on Galpin and they're going in and going south when they're coming out. Kind: There's school buses though. Blackowiak: Yeah...! don't think there's going to be a lot of. Kind: With the traffic signal there... there was a bad accident there with a truck and school bus... showing my age here but I think there wasn't a signal there at the time... Conrad: Anything else? Any more comments? ...motion? Blackowiak: I'll make a motion the Planning Commission recommend approval ofInterim Use Permit #00-1 with the following conditions, I through 12. I would like to modify condition 8 to add the phrase, special attention be paid to the eastern side of the site near the creek. It's one of those he has to do a silt fencing plus hay bales or whatever it's going to take, let's do it on that 11 Planning Commission Meeting - April 5, 2000 side. I'll add condition number 13. That the SO,OOO cubic yards is of clean material only. No concrete, construction debris, anything like that. And condition 14, keep clean all streets as a result of hauling activities. Kind: Second. Conrad: Any discussion? BIackowiak moved, Kind seconded that the Planning Commission recommends approval of Interim Use Permit #00-1 subject to the following conditions: I. The applicant shall provide the city with a letter of credit in the amount of $1 0,000.00 to guarantee erosion control measures and site restoration and compliance with the interim use permit. 2. The applicant shall pay the City $589 for the grading permit fee. In addition, the applicant shall pay for all city staff and attorney time used to monitor and enforce the interim use permit. The inspection fee shall be billed at a rate of$50.50 per hour. 3. The applicant shall obtain and comply with all permit requirements of the Riley- Purgatory- Bluff Creek Watershed District and Carver County Public Works. 4. The applicant shall supply the city with a mylar as-built survey prepared by a professional surveyor registered in the State of Minnesota upon completion of excavation to verify the grading plan has been performed in compliance with the proposed plan. S. All disturbed areas as a result of construction shall be restored with topsoil, seed and mulch within two weeks after grading is completed or November 15,2000, whichever occurs first. 6. Noise levels stemming from the operation are not to exceed the MPCA and EP A regulations. If the city determines that there is a problem, the applicant shall pay for warranting such tests. 7. Hours of operation are limited to 7:00 a.m. to 6:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday with work not permitted on Sundays or legal holidays. 8. Prior to starting grading activities, erosion control measures shall be installed, inspected and approved by staff with special being paid to the eastern side of the site near the creek. 9. All disturbed areas as a result of construction shall be seeded and disc mulched within two weeks of grading completion. The interim use permit shall expire one year from the date of City Council approval. The applicant may submit a written request to the city for renewal of the permit up to 45 days prior to the expiration date of the permit. 12 Planning Commission Meeting - April S, 2000 10. A landscaping plan shall be prepared for the "Landscape buffer" area around the wetland. This plan shall be consistent with the species in the BCWNRP. II. Importing of material is restricted to the approved haul route. No hauling shall be permitted on any street not designed as a haul route. Traffic control signage will be required in accordance with the Minnesota Manual on Uniform Traffic Devices - Appendix B for staff review and approval prior to site work commencing. 12. The site shall be graded in accordance with the plans prepared by Sathre-Berquist, Inc. dated January 14,2000. 13. The 50,000 cubic yards shall consist of clean fill material only. No concrete or construction debris. 14. The applicant is responsible for keeping all streets cleaD as a result of hauling activities. All voted in favor and the motion carried unanimously. PUBLIC HEARING: DAVID SPROSTY REQUESTING A VARIANCE FROM THE REOUlRED 10 FOOT SIDE YARD SETBACK FOR THE CONSTRUCTION OF A SCREENED PORCH. LOCATED AT 7163 FAWN HILL ROAD. Cindy Kirchoffpresented the staff report on this item. LuAnn Sidney made a comment on this item. Kirchoff: ...and let me mention, I forgot to mention this. That if you do approve the variance and amendment, it does have to go to the Council for approval. So you would be making a recommendation on the amendment to the PUD. Conrad: Boy I don't get that. How can a site specific deal. This is a one lot deal. How can you change the PUD? Kirchoff: Well it would be for this site only. The applicants are the ones that are requesting, first it was a variance. So then after research we found that they had to maintain specific setbacks as part of the PUD. Kind: Mr. Chair, so wouldn't it be a variance to the PUD? I don't know if we really would want to change the whole PUD agreement. I3 Planning Commission Meeting - April S, 2000 Kirchoff: That would be correct. Now that I think about it you would be correct. Sorry about that. Very confusing. Kind: Yes. Conrad: Other questions for staff? Is the applicant here and would... David Sprosty: She already talked about confusing. Try being a homeowner in this situation and it's pretty exacerbating. I moved my family here from Califomia being a Midwestern native myself was very aware of the Minnesota State bird. My wife is a southern California born and raised native. Never been here before. Didn't even know there was such a thing as a mosquito. Forgot to tell her about it. But when we designed the property and worked with the builder I was very specific with them about the requirements that we had. They even recommended companies that could build the screened in porch off of the door that's located in the comer of the property there. The challenge that I've got, at that time I was unaware of the incompetency of the builder in this area. They clearly put the house too close to the lot line to build a reasonable screened in porch off of the door that's there. And position the house at that angle so that's the reason I'm here today. And they will reveal very clearly that this was our intention when we built the property. So the challenge from our end is finding a way to still have the desired outcome here which is to have the screened in porch off the back of the property while obviously I don't want to, you know I've had a number of discussions with my neighbor. We get along very well and I don't want to create any situations there either but I need to come up with some sort of a resolution to this or a compromise that will work for both of us. I mean my case is pretty clear in the letter here so I don't have too many other comments. Conrad: Any questions of David? Other than the fact that you should be a radio announcer. David Sprosty: I used to do that in California. I decided that I'd retire from doing that and actually make money. Conrad: ... they don't make much. Any questions? Public hearing. Open it up for public comments. Are there any? Kind: Mr. Chair? I hate these situations when it's so clearly did not meet our hardship requirements and the positioning of the house doesn't work right. It puts us in a tough spot but I think that there is no hardship... Burton: I agree. I hate it too but the staff accurately applies the standards... LuAnn Sidney made her comments on this issue. Conrad: I have nothing to add. I think it's a. ..Ijust don't know how the next variance that would come in that looks like this, how we'd be able to not do it. It would invalidate our ordinance. I'd have to agree with the staff report... 14 ¡" Planning Commission Meeting - April S, 2000 Burton: Mr. Chairman, I'll move that the Planuing Commission denies Variance #2000-5 for a 5 foot variance from the 10 foot side yard setback for the construction of a porch... Sidney: Second. Conrad: Any discussion? Burton moved, Sidney seconded that the Planning Commission denies Variance #2000-5 to the PUD for a 5 foot variance from the 10 foot side yard setback for the construction of a screened porch, based upon the following: I. The applicant has reasonable use of the property. 2. The applicant can construct a deck on the site without a variance or an amendment. All voted in favor and the motion carried unanimously. Chairman Conrad explained to the applicant the procedures for appealing this decision. STEVEN POSNICK REOUESTING A 5 FOOT SIDE YARD SETBACK FOR THE CONSTRUCTION OF A TWO CAR GARAGE. LOCATED AT 7010 DAKOTA AVENUE. Bob Generous presented the staff report on this issue. Conrad: Questions of Bob? Are the applicants here? .. .come on up. Steven Posnick: If! could just put...picture here with the garage. ...I wouldn't say it's an extreme hardship... One other thing, in the staff report it says the depth of the garage is 35 and that's not correct... Any questions? Kind: I do have one question and it's totally unrelated. Was the iguana that I saw on the roof alive or dead? Steven Posnick: My wife noticed that today. Kind: Is it yours? Steven Posnick: No. No. It's our neighbors... Kind: Is it dead? Is it still by the tree on the roof? Steven Posnick: No. He's dead. 15 Planning Commission Meeting - April 5, 2000 Kind: Oh, it's now dead. It's been euthanized. Steven Posnick: No, it was outside too long... Kind: Ijust had to ask that, I'm sorry. Oh and then, oh the other question I do have is somewhat related. You built around that tree there and it survived. Steven Posnick: Well that was already built. Kind: But I mean that house, that part of the house was constructed after that tree. And that tree survived so I'm optimistic if you move the driveway that those trees will survive as well. Steven Posnick made a comment to this remark. Kind: But the root system, you're driving on it. That's the canopy. The drip line of the trees... Whatever. That's all. Conrad: Thank you. Public hearing. Is there a motion to open this for a public hearing? Blackowiak moved, Kind seconded to open the public hearing. The public hearing was opened. Conrad: Is there anyone who wants to talk on this issue? Motion to close? Sidney moved, Blackowiak seconded to close the public hearing. The public hearing was closed. Conrad: The public hearing is closed. Are there comments? Blackowiak: Mr. Chair, this is to me just like the last one. As much as you may want to say yes, there's not a reason and you have to follow the rules and the regulations that are established in the setbacks and unfortunately it doesn't meet the footage requirements and I agree with the staff report. Burton: The only thing is possibly the topography... Conrad: ... Sidney: I'll move the motion the Planning Commission recommends denying the request for Variance #00-4 for a 5 foot variance from the 10 foot side yard setback for the construction of an attached garage based upon the following staff report, conditions I through 3. Conrad: Is there a second? Blackowiak: Second. 16 Planning Commission Meeting - April S, 2000 Conrad: Discussion. Sidney moved, Blackowiak seconded that the Planning Commission recommends denying the request for Variance #00-04 for a 5 foot variance from the 10 foot side yard setback for the construction of a detached garage based upon the staff report and the following: I. The applicant has not demonstrated a hardship to warrant a variance. 2. The applicant could build a detached garage without a variance. 3. Sufficient buildable area exists on the site at the required setbacks to permit the construction of a garage. All voted in favor and the motion carried unanimously. Conrad: Again Steven, you can appeal. You've got four days to go to Bob and say you don't like... Again, it's one of those decisions, we'd do the same thing in your shoes. It's just hard for us to, we'd be invalidating the ordinance...it's so unique that it wouldn't happen to the next person... PUBLIC HEARING: MICHAEL WOIT ALLA REOUESTING A REAR YARD SETBACK VARIANCE OF 18 'Iz FEET TO PERMIT A GARAGE EXP ANSION LOCATED AT 6712 HOPI ROAD. Public Present: Name Address Keith Yolk 790 Carver Beach Road Bob Generous presented the staff report on this item. Conrad: Any questions of staff? Kind: Yes Mr. Chairman. The garage, the current foot print is 24 x 23 'Iz. Is that right? Do you consider that to be a standard sized garage by today's standards? Generous: We see primarily... Kind: Because often times in the past we've sided with, if the garage needs to be rebuilt, it might as well be rebuilt to a size... but the current size is acceptable. Conrad: Other questions? 17 Planning Commission Meeting - April S, 2000 Blackowiak: Mr. Chair I have one question. When we talk about the reasonable use, we say a single family home with a two stall garage. Do we specify attached or detached or do we just say two stall garage? Generous: It's not specified... Blackowiak: So as long as it is a two stall garage, then it's a reasonable use? Okay. Conrad: Is the applicant here? Mike Woitalla: Hi. Mike Woitalla... Part of the problem is...on the plans there but the space in front of the garage is on a fairly steep hill and if you move it, I can move it forward 6 inches... then I'm dropping. My garage is already 3 feet lower than the level of my house...forward it drops down the hill even more.. . dropping down the hill and the area where he talks about building a separate detached garage, that's probably...and then where the house is, in the winter time to shovel your sidewalk when it snows in the early morning when you go to work, it's just that, you're a long ways away from the house. The house was built in 1946 and I'm just trying to follow the lines pretty much of where the house is now without trying to create too much problem. It's not just an expansion for the garage. On the plans it showed...it's on a hill both ways. On the side and on the front. I had included pictures with my application that shows you on the foundation of the garage has deteriorated or has been cracked all around, the walls are so out of square and unIevel that you can't put overhead doors in the garage because the walls are like this. So the garage does need to be tom down really and put a new footing in there. And put one in the ground under it, span crete and a garage on top to give adequate storage space for the stuff that I have stored outside and other areas. Any questions? Kind: If you're going to have span crete with storage underneath so it'd be a two story garage. Why do you need that additional 6 feet width? Mike W oitalla: The way my house is constructed, I've...it was added on here and there for who knows how long. The closest that's in my bedroom actually was built into the garage where we're at. It's not 24 foot in depth...pull a car into the one stall. Kind: What is the closest width? Mike W oitalla: I'd have to say the closest goes into the garage by 3 or 4 feet... Kind: And which is the depth? 24 or the 23 Yo? ... I have one more question Mr. Chair. I did go take a look at your site and there's no iguana on the roof there. The area that you want to expand to drops off quite a bit as well so you'll need to bring fill in there so you've got a fill issue whether you expand forward or off to the side. 18 Planning Commission Meeting - April 5, 2000 Mike Woitalla: Well when you dig the garage into the bottom, you're going to have a lot offill left over and then where the hill drops off, that's where there we plan to build two retaining walls... Kind: Will you be taking out pine trees? Mike Woitalla: No. One. One pine tree. There's not even going to be a driveway to the lower garage. It's going to be mainly storage and so it's just going to be grass. Kind: Okay, thank you. Conrad: This is a public hearing. We'll open it up. Is there a motion? Kind moved, Blackowiak seconded to open the public hearing. The public hearing was opened. Conrad: The public hearing is open. Keith Yolk: Hello. I'm Keith Yolk. I'm the neighbor to the south and I guess the only comments I have, I wouldn't mind seeing the house fixed up a bit. Having a place to put... I guess my only concern is pine trees...there is a substantial line oftrees...grass area or won't have a driveway or whatever so... I guess it's okay to have storage underneath...but I wouldn't want him to...because that's kind of my privacy there. That's the only comment I have. Conrad: Other comments from anyone? Mike Woitalla: As Keith was saying, that area where that's his privacy area or buffer area, we're constructing the garage in the space where Bob said, there's room for a garage without those pines...! agree that I would hate to build there... It needs a lot of work there. Ijust haven't done any... The house does need a lot of work. When I bought it Irealized that. It's just the process of time and money to get it done... Keith Yolk made some comments to the applicant from the audience, and they had a discussion back and forth regarding the pine trees and the location of the garage. Conrad: Okay, thank you. Any other comments? Can I have a motion to close the public hearing? Kind moved, Sidney seconded to close the public hearing. The public hearing was closed. Conrad: Any comments? Sidney: I guess I have a different feeling about this one... 19 Planning Commission Meeting - April S, 2000 Kind: Mr. Chair, I agree with LuAnn. I think you can see where I was going on it. My only question is whether we should set a limit as to how much could be added on. We want to keep it at a standard sized double garage. Add a maximum of 3 feet to the current width or are we okay...? I guess I would be curious to hear my fellow commissioners comments. Blackowiak: Mr. Chair I would suggest not so much measuring the width of the garage as setback from the property line. In other words, still it says he can do it at 6 feet. Kind: I don't know how much 6 feet encroaches further into that setback area... I can't do the math on that. Mike Woitalla made a comment at this point. Kind: It's 6 inches closer what you're proposing to do? Mike Woitalla: Correct. Burton: I'm convinced that there's a hardship based upon the configuration of the house and I'm inclined to... put a condition that there is not... Kind: Because we measure setbacks from the eaves... Conrad: Yeah...Is there a motion? Kind: Sure, I'll make a motion. I move the Planning Commission recommends approval of Variance #00-3 requesting an 18.5 foot variance from the 30 foot rear yard setback for the construction of a garage expansion with the following conditions. I. Setback shall be measured from the eaves. 2. The applicant must provide the City with a detailed grading, drainage and erosion control plan. 3. No driveway shall be provided for the lower level garage. Conrad: Is there a second? Burton: Second. Conrad: Any discussion? Kind: Number 4, the applicant shall provide a tree preservation plan. Burton: Second. Conrad: Any further discussion? Kind moved, Burton seconded that the Planning Commission recommends approval of Variance #00-3 requesting an 18.5 foot variance from the 30 foot rear yard setback for the construction of a garage expansion with the following conditions: 20 Planning Commission Meeting - April S, 2000 I. Setback shall be measured from the eaves. 2. The applicant must provide the City with a detailed grading, drainage and erosion control plan. 3. No driveway shall be provided for the lower level garage. 4. The applicant shall provide a tree preservation plan. All voted in favor, except Conrad and BIackowiak who opposed and the motion carried with a vote of 3 to 2. Blackowiak gave her reasons for voting against the motion. Conrad gave his reasons for voting against the motion. Conrad: Anyway, you heard the vote, it's 3 to 2 so it's close. So it means of all of these tonight, you're doing better and you do have some rationale and I think if! were you I'd be talking to Bob about appealing this and taking it to the City Council. You do have. Kind: It passed. Conrad: I thought it had to go 4 to I. It's a majority that can win. Blackowiak: On a variance? Conrad: I thought on this one. Kind: I thought we debated percentage a lot. About a year ago at this time I remember. The Planning Commission took a short recess while Bob Generous researched the percentage needed to approve a variance. After further research it was discovered that this item is automatically appealed to the City Council because of a 3 to 2 vote by the Planning Commission. PUBLIC HEARING: REOUEST FOR 1) COMPREHENSIVE PLAN LAND USE AMENDMENT FROM LOW DENSITY RESIDENTIAL. MEDIUM DENSITY RESIDENTIAL. PUBLIC/SEMI- PUBLIC. AND PARKS AND OPEN SPACE TO PUBLIC/SEMI-PUBLIC: 2) CONCEPTUAL AND PRELIMINARY PLANNED UNIT DEVELOPMENT-OFFICE/ INSTITUTIONAL APPROVAL: AND 3) SITE PLAN APPROVAL FOR A 60,000 SO. FT. ADMINISTRATIVE OFFICE AND ARCHIVE BUILDING AND A 10.000 SQ. FT. 21 Planning Commission Meeting - April S, 2000 CHAPEL. IN ADDITION. THE CITY WILL BE REVIEWING 4) AN ENVIRONMENTAL ASSESSMENT WORKSHEET ADDRESSING POTENTIAL ENVIRONMENTAL IMPACTS OF THE PROPOSED DEVELOPMENT AND MAKING THE APPROPRIATE FINDINGS AND DECISIONS ON THE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT. THE PROJECT IS LOCATED AT THE NORTHWEST CORNER OF WEST 78TH STREET AND POWERS BLVD. ECKANKAR RELIGIOUS CAMPUS. Public Present: Name Address Bark Klick Linda Kloman 1015 Pontiac Court Bob Generous presented the staff report on this item. Conrad: Thank you Bob. Are there questions of Bob? Kind: Mr. Chairman I have a question. Bob, on the development, or the concept development plan which is sheet, up in the right hand. There's a building, one of the irregular shaped buildings set back here that's assigned as HI. Is that correct? We don't see that in this site plan. Generous: That wouldn't be part of Phase I but it's part of... Kind: Okay. Generous: So in their 10 year buildout plan... Kind: And then could you speak to how deleting the residential affects our tax base. How it damages it tax wise? Generous: Well staff's...based on ownership, the whole site will... Kind: Whether there's homes there. Whether we require the homes to be built on the residential portion? Generous: Correct. Whether they keep this land. Unless they were to sell it and put it in... If _ they were to develop that residentially, unless you have higher priced houses, the revenue versus expenditure equation comes out on the negative. Especially with low density housing. You want to... Kind: And then a question about what I would describe as the southeast corner of that administrative building. Do you feel that that meets the design standards? 22 Planning Commission Meeting - April 5, 2000 Generous: Based on the overall...it would not be our preference but we, if you look at the parameters of the building... While they meet the comer basically comes... Yes, I believe it does meet the standards. Kind: And the columns, what is the reveal for the columns? It's not like on the temple where they're actually.. . free standing from the structure. You're not sure? Because the elevations, maybe that's a better question to ask the applicant. Never mind. That's it. Conrad: Other questions of staff? Blackowiak: Mr. Chair I have a couple quick questions. First of all, talk about the 70/30 percentages. We're 70% will remain open, 30% will be developed. Is that something that you would want to be included as a condition? You talk about a conservation easement, etc. Would it be appropriate for us to place that as a condition on the maximum percentages of the buildings? Generous: That's actually in the design standards... Blackowiak: Right now I'm looking at, where do these 30 and 70 percents come in? Generous: The 30%, their impervious surface is the... Blackowiak: Okay so the hard surface is 20% when it's all developed? You're comfortable then that that's going to achieve the goal that we want? Generous: ...in conjunction with... Blackowiak: Okay, great. Dave, I have a question for you. They're talking about the fact that there will not be a traffic connection between the two areas of the religious campus. Is there any reason that say from a public safety standpoint that we would want there to be a type of connection or is it, are two separate loops acceptable? Hempel: Mr. Chair, Commissioners. We did ask that question of the Fire Marshal. Because of the rolling... LuAnn Sidney asked a question of Dave Hempel at this point. Ladd Conrad asked a number of questions of Bob Generous. Conrad: Trails. You've got a trail leading out. And what does that connect to on Powers?' Generous: The other side... Conrad: So our vision, our trail vision, our trail plan says there will be no trail on the west side of Powers? There will be one trail on the east side. 23 Planning Commission Meeting - April S, 2000 Generous: ... Conrad: ...a trail on that side of the road for residents... Bill Griffith: Good evening Mr. Chairman and Planning Commissioners. My name is Bill Griffith representing Eckankar. We have with us this evening a development team that has worked on this project for many months now. We have Jennie Ross who has done the environmental work. Prepared the Environmental Assessment Worksheet and the traffic study from SRF Consulting. Greg Hollenkamp with the architectural firm ofKKE Architects. And there's Dave Nash who... Thanks for this opportunity to present this master plan. As staff stated in their report, the reason for bringing this master plan forward is to really give the City and the public and the citizens an idea of what the long range plan for this campus is. Way back in '86 when Eckankar purchased the site and moved their headquarters here.. . from California, there was a vision to create... worldwide religion. They found very amenable site for that type of development. The first phase was to establish the temple facility.. . important to establish a presence in the community before entailing a large scale... And that has really been done over 10 years time. Many of the members reside in your community. They work in the community. They're...so having spent IO years as a part of the fabric ofChanhassen, now's a good time to bring forward this master plan and present the long range plan... This is a 10 year plan primarily because.. . environmental impacts. When you go out further than IO or 20 years, the background... will change and so that's why the 10 year window. Still I would expect that this plan would.. .hold over a 10,20 or even 30 years so say a long range plan is one that you really...out over a long period of time. As was stated by Mr. Generous, the first building is that building in the southwest area of the site, but I'd like to go through the entire master plan because I think there's some sense of how that evolved when you look at the site in total. I think it was the City Manager, then City Manager Don Ashworth who asked.. . Executive Director Peter Skelskey...so what are you plans fòr the campus. At that time Mr. Skelskey said we will come.. . master plan that shows you the whole layout and you know every once in a while Don would say or staff would say, well Peter where's that plan. So this is it. This is the plan that staff and others have been waiting for. The site is oriented around the existing temple building. Now this concept plan obviously shows a sanctuary addition to this location. That's about 800 to 900 seats. So the seat of the campus is in this location. Everything else kind of emanates out in concentric circles growing out from that location. So you see here the museum building which relates very closely to the temple. The Local Temple of Eck, probably the most remote element of the design in the phasing of the campus and the reason I say that is, the Local Temple ofEck is really what the Temple ofEck is now and as, if it becomes as membership grows throughout the world and it becomes a more significant feature of the religion.. .main temple and if you're a local member and you want to go to church, you might not want to go to, you know the Mormon Tabernacle or Vatican City or whatever the analogy might be. You'd go to your local church so that's really 25-30 years down the road as this temple takes on a greater... Then as you go out in the concentric circles, you pick up the educational buildings. Those are religious education buildings. They're not intended to be day programs. They're intended to provide for religious instruction. Meetings, classes, additional instruction both for youth and for adults. Very similar to what you might see in other church facilities where they have evening programs. They might have Sunday School, but they don't provide a full... Then as you move out into the site, we've 24 Planning Commission Meeting - April 5, 2000 got an archives building. Like any religion, record keeping is very important in establishing.. . history of its membership and the like. And then a second administration building. And again, as the religion grows, the need for administration grows, there... Within this fIrst phase then, I'll show you a phasing plan. As Mr. Generous said, the administration building is 60,000 square feet to replace the building that is now in New Hope... and this would replace that facility in New Hope. Celebration of Life Chapel is an open air chapel. It gives the beauty of the site, there is a demand or desire for open air celebrations. The ability to have open air weddings.. . and other spiritual exercises in an open air setting... Then finally a contemplation chapel on the north side. That is again down the road that this facility would be used...Celebration of Life Chapel is used... All the site is surrounded and I think the real central premise of this plan is there's a zone of quietude from, we've been asked why so much property. We've been asked why the configuration of these buildings and it's really to create a zone of quietude around the campus. Then as a religious institution, retreat...all of those facilities surround themselves with land to create a buffer from the busy life...down the road if you will and that's really what we're trying to do and what Eckankar has done is make a trail network with prairie restoration that you see in the light yellow and green is included in the north side and is continued on the north side of the property. You can see the trails snaking along the perimeter of the property, through the natural areas and again creates that zone of quietude... conduct prayers and spiritual exercises in the out of doors. I think from the public standpoint, the most significant aspect of this property is the preservation of natural environment. Even the buildings; where there is land alteration, are designed to fit within the existing topography of the site. So you've got walk out buildings where there's one story set inside the hill...into the wetland area in the southeast. So all of this is designed to preserve natural features on the site, including the wetland.. . (There was a tape change at this point. The remainder ofthe applicant's presentation was not picked up on the tape. Taping of the discussion began again during the public hearing portion of the meeting.) Barb Klick: ...and out in California there were some...holding their seminars and things...so even though this is not part of the plan now, I'm not sure about zoning...so I would like that researched because it's not my dream to have people coming in and camping...and maybe that's not a deal right now but long term... Second of all, as a public safety past commissioner, safety is always a part of my mind.. .and I had not thought about the trail systems but I think that's an excellent point. As a resident of that area, you know we waited for that frontage road by Lake Ann Park. And on a hot summer day you know how frequently that lake is used by the children and. . .right now the kids have to cross the street to go on the other side and if you were thinking of using Powers Boulevard as your main entrance...you have to cross back over to the sidewalk... so I think that would be an excellent idea. Putting trails on that side also would be wonderful. My next concern, you keep bringing this up and I'm glad. You keep talking about this zone of quietude... I lived in Minneapolis for 5 years prior to Chanhassen and I had enough plane noise and I moved out to Chanhassen for the quiet.. . and I just wanted to relay something in February. Every February in Chanhassen is the February Fest. It's a great celebration...and they have raffies and fishing contests and things like that and...in February when your windows are closed, okay. And from about 10:00 a.m. till about 5:00 p.m. I can hear over the loudspeaker, the 2S Planning Commission Meeting - April 5, 2000 smallest fish, Jimmy Jones come forward and the first perch come forward. This went on for... and that's part ofthe...that's part of what it's all about. At the Monday evening I also asked about loudspeakers. The chapel is 10,000 square feet. That's a lot of space and a lot of people need to hear and I think your response was there were not standard loudspeakers that were included but there maybe PA systems... Now again, I don't know what all the intent is for but if they're going to do education there. If they're going to have celebrations where there's music. Also in a public trail system.. .members chanting. Some of these things are great. Have limited periods of time but I am not at all interested in disrupting my zone of quietude so I don't know again. ..how that's zoned or how that's looked at but I'm not. ..couple of things broadcaster... And the last thing I did not bring out about land development but we have.. .and I'm not sure what property procedure is but I would urge you to act on the side of conservatism and look at one phase at a time. Conrad: Okay. Other comments? Linda Kloman's comments were not picked up by the tape. Kind: Linda, is that your name? ... were interested in whether you like the overall master plan in favor of having homes there? Or rezoning. What's your feelings on that. Linda Kloman and Barb Klick responded from the audience. Kind: Getting back to my original question. Would you prefer to have 70% open space as is provided in the master plan or would you prefer to have homes, developed as the current...? To you it doesn't make any difference? 6 of I, half a dozen of the other. Barb, how do you feel? Barb Klick gave her answer from the audience. Conrad: Other comments. Bill Griffith: Chairman, commissioners, I'd like to take a few to address the comments raised by the public. The first comment that I would have is with regard to loud speakers. There will not be loud speakers in the Chapels at aU. Again, there may be musicians from time to time that put up for a wedding service. It is not intended to be a loud facility. An open... facility. It's really within the same trail network. Intended to be a facility...so there wiU be no permanent amplification facility within the building. The reason that we came in with a planned unit de4velopment concept is at the staff's urging. We had a plan for a master plan. Staff suggested a planned unit development concept as a way to reaUy plan out the development over many, many years and this is the city, the residents and everybody involved, the clearest picture of what's intended. It's conceptual, beyond the site plan for the first two buildings, it's conceptual. So those pieces may be modified slightly within the framework that's being adopted. Seven page design framework. You get a lot of certainty over what can be done and what cannot be done so I think that's something that... primarily to the public as the reason for the planned unit development as a reason to show all the phasing. And what that does is that triggered, showing aU the phasing over the planned unit development process, really triggered a very thorough 26 Planuing Commission Meeting - April 5, 2000 environmental study. The Environmental Assessment Worksheet has been done today, is comparable to the EIS when the laws were first adopted in the mid 80's. You have ground water analysis. You have storm water analysis. You have traffic analysis. Noise study. Carbon Monoxide. All the essential studies that are necessary to determine the environmental affect of the project. Because it's 30% development and 70% natural habitat, the environmental affects are not significant as compared to what could be developed on this site. I think that's the main point that we bring forward in the presentation so I just want everybody to understand the environmental study was done. What's being suggested is that a more lengthy EIS, Environmental Impact Statement is not necessary. The type of project that you see an EIS for these days is for large scale hog operations and power plants. You know something of that nature. A paper plant up north. For a project of this scale and this size.. . comprehensive planuing and zoning, an EIS is simply not necessary. That's why, even if this went out to almost 20 state agencies, not one has come back and suggested that an EIS is necessary. So I want to give you some confidence that the environmental issues have been addressed as your staff has suggested. And I guess the final thing that I would say is with regard to whether this is office, whether it's residential, the plan that was adopted growing out of the Highway 5 corridor study was a mixed concept for this property. It's guided for residential, low density on the north, medium in the middle and high density on the south. But it's also guided for office institutional. If you ever look at the guide plans, it's right there. And so to suggest that this is one or the other, is left open essentially, as part of your comprehensive planning process. Now we're suggesting office institutional which is consistent with what we're asking for. We're suggesting that you have one land use. Let's figure out what it is going forward so I think this really provides some clarity. That was something that was left open. We participated in that land use study and provided some input to that and that was staff's and the city's response to that input. Very, very long study that grew out of the Highway S corridor study and the comp planning process. So I just want you to understand that medium and high density residential is not the only land use that could go on this property. Office institutional is also guided here. With the change to public/semi public, then you preserve this type of use for the long term. Long term planning and development. So those are my comments and response and I thank you again for your time and attention. Conrad: Any other comments? Is there a motion to close the public hearing. Kind moved, Sidney seconded to close the public hearing. The public hearing was closed. Burton: Well I'd just start off by saying I like it. It's a less intensive use than...and I think it's important to try to preserve that. I think that preserving such a large site in the center of the city really helps to preserve the rural feel of the town and I like that and I also agree with the staff that it's a nice back drop to the downtown and I think overall it is a nice quality project. It is hard to get your arms around it because it is so big. That's where I have to rely on the staff and their analysis on a lot of the things...to absorb but I did read the reports. I read through the statements. I do agree with staff's analysis and their recommendations. Based on the comments from the neighbors though I do have a couple of concerns. I'm not sure what... I guess I wouldn't mind if a caretaker."overnight site could be a problem for the neighbors...wanting to look at those type of things. And the other thing that struck me was the signage of it... I think the signs fit 27 Planning Commission Meeting - April S, 2000 in... understatement of the development that's been proposed so I think... stay with the staff's recommendation. Besides those points, I think it's a nice project. LuAnn Sidney gave her comments on the project. Kind: My primary reaction when I first got my packet was the concern about rezoning for tax reasons. And Bob has addressed that issue as a non-issue. And are we changing the rules on this.. . and is this a better use than what was originally, than what they originally thought. And I've been convinced that 70% open space is a better use. In was an adjacent property owner I'd be thrilled that that's what was going on. So my main two main things that I reacted to I think are okay and I think that Eckankar has proven to be a good neighbor the past 10 years. I was here in '89 when the brouhaha came through and they've been excellent neighbors. I think you've proven yourself and the master plan looks very impressive... I can see all the work that has gone into it and I'm guessing the give and take with staff on that. And I have a few concerns, that I think you might know what they are. The main one being that south, I think it's southeast comer of the administrative building. I don't feel that that fills the design standards in our, that are in place. I think it's putting the weakest elevation facing a very important intersection of Cbanhassen.. .long expanse without windows looks industrial. And it clearly says in our design standards that large expanses with significant visual relief are prohibited and that all elevations should be receive nearly equal architecture so I'd really like to see the applicant work on improving that southeast comer. And my other point is that I don't think there should be gates at the entrances. I think that in keeping with the public/semi-public goals, that gates don't denote that feeling for that. .. And also I think it would improve fire safety access and sheriff access if there's no gates on the main entrances. So I think that a gate should be prohibited. No other churches in Chanhassen have entrance gates. I think that's kind of unusual and not welcoming to have gates at a church. Religious type facility. And that's it on the gates. Then my third point is the way this trail, I'm glad to hear that they're open to the public. I had no idea that they were and I think they should be posted as now open to the public. The hours that are currently on the gates, it would appear as though those were the times...so I'd like to see a condition addressing that The point that Barb brought up about camping. That was a new one to me and I think there should be something in, Bob answer me this. In the design standards it talks about community uses. Camping is not on that list so are we covered by that? Generous: ... want to make sure, if you say prohibiting... Kind: Okay, so I think we should amend the design. Would that be the way to go to amend the design standards? Bill Griffith: Mr. Chairman, maybe I can address that. There's no intent to have camping. We would not oppose a restriction against camping. In fact there's no intent other than.. .so I don't think that's really a concern, certainly for US...to have that clearly stated, we have no objection. Kind: Okay. About Linda's concern. Then I think Barb's.. .I'd like to include a condition that they, the applicant consider a trail along the, I thought I heard you ask for the west side of Powers.. .and then a noise, loud speaker and condition... And then Linda's concerns about an 28 Planning Commission Meeting - April 5, 2000 independent firm forming the EAW or EIS...and the plan as it is now...each phase needs to come in for a site plan review. Right now that administrative building and for that Celebration of Life Chapel. Those two things. That's it. Those are...one step at a time. And that's it. Blackowiak: This is a huge project, although Deb said, just a couple things we're approving tonight. We are approving the idea of this project so I think you have to remember that. It's not a building issue, it's the whole idea. Are we comfortable with this idea? I certainly like the idea of open space. I mean there's 70 versus 30% is very appealing to me. I would certainly hope that a trail on the west side would be strongly considered and as the former Co-Chair of the Parks and Trails and Open Space Task Force I certainly support trails. So I would like to see a trail on the west side. Ifwe would have had the money to do it on both sides of Powers, I'm sure we would have but unfortunately we didn't and we tried to directly impact the most people possible and so it happened on the east side. So I would like to see one on the west side too. I know there are a lot of people in that area that enjoy... without having to cross Powers which is treacherous at best. Most of my questions have been answered. There are a couple minor ones Dave that I think you can address. There was something about a 42 foot versus a 44 foot driveway access. Condition 33. I wasn't sure if it was 42 feet on page II and then you're talking 44 feet face to face. If that's the same thing. Ijust saw different numbers and I wasn't sure what I was seeing, and I don't need to have an exact answer but just take a look at it before it goes on. I certainly think we could put some type ofa condition to prohibit outdoor PA systems. We've done that on businesses and things so I certainly wouldn't have a problem doing that, but remember we do have a noise ordinance that applies so.. . huge problem with noise, you should definitely give somebody a call and bring it to their attention because it's not... You know once a year for ice fishing is okay but if you have much more than that I think it would probably get a little bit much. I share concerns like Deb on the southern point of that building. It's not very pretty and I think if you slanted it with the loading dock and storage area but it isn't. That's what the majority of people are going to be seeing as they drive past on Highway 5 or West 78th Street. They're going to see that comer of the building and gees, what's the deal. I would propose you know rotating the building 90 degrees clockwise. Put the parking towards the front. See what you are. Here's...that to me would be a real simple thing. Again, elevations whatever may not permit it but gee, it's worth a shot. Finally, the only other issue is parking. I was looking at the numbers and it looks like they're 20% high... Numbers are at like 1,500 and something and then parking is provided at 17, is that correct? So we're up 20%. Why? Generous: . ..however that is all of the parking shown. That would include the proof of parking. Blackowiak: Oh, it does include the proof of parking? Generous: Yes. Blackowiak: Okay. I thought it was what was shown on the plan and then there was, okay. That makes me feel much better. Thanks. Generous.. . 29 Planning Commission Meeting - April S, 2000 BIackowiak: Right, no. I certainly understand that. I just thought the proof of parking was in addition to what was listed and I waS concerned about that. And then finally an EnviromnentaI Impact Statement. Ifwe were just getting one piece of information from the applicant, say we don't really need to do this, I would question it but it seems like other agencies have also reviewed it and...in saying that personally I don't feel we need to see...statements. Sometimes we just have to trust the people who are looking at it and...Eckankar viewing it and Iwould have to, based on what they feel is that's their job so I really don't see... Signage. Understated. I like the way you said that Matt... Conrad: ...this was Chanhassen's vision 20 years ago. The vision was a campus...was the vision. Not necessarily a religious campus but... The master plan gives a feeling that... We asked for that master plan so nobody got...We asked to know where they're going. It's a good presentation... It looks like it's laid out very well. Community, being part of the community... Real quickly, and I don't want to design how some of these are acted on when somebody makes a motion here. I too am not comfortable with the south end of the building. I think you've got to work on that with staff. I don't know how you're going to do it but it doesn't look good. Maybe, you showed us the right perspective and that was good, on the west, so that was pretty good but the, it ain't the one I want to see. I need to see, if you want to keep the building the way it is, you've got to bring back shots from the road...angled to the southeast. Regardless, and maybe if it is SOO feet away, we don't care. We may not care but I haven't been sold tonight. The rest is really nice... From a Chanhassen resident standpoint, if you're going to, the work space...is the right architecture and I think that maybe... but on the other hand you just don't know. Sidewalk on the east side of the site. I think you should look into that. It's not like...got to have it. But on the other hand, boy it seems like somebody on the city, from a city standpoint should have said, and I'm not pointing at any of you folks here, but Park and Rec or somebody should have said, that is an opportunity that exists with that, to parks, to the school. It looks like we're missing an opportunity. I think we have to loolç at that. Not do it necessarily but really look at that. I think it...outside use...but again, I really have a problem with that... We do have control... Signage,l don't care. EIS is not an issue. I tell you. Here's a case where it's a better scenario than anything we could get in terms of enviromnent. It is without a doubt, and it's not only having the other advisory...l can't imagine what enviromnental issues I'm worried about. I can't imagine. If! could imagine one, I may ask for it. I can't imagine one. So again, that's me but I don't think...I care about the enviromnent. I care about... Is there a motion? We've got several... Burton: I'll take the first one. I'll move the Planning Commission recommends to the City Council approval of the Comprehensive Plan Land Use Amendment from low density residential, medium density residential, public/semi-public, and parks and open space to public/semi-public. Conrad: Is there a second? BIackowiak: Second. Burton moved, BIackowiak seconded that the Planning Commission recommends to the City Council approval of the Comprehensive Plan Land Use Amendment from low density 30 Planning Commission Meeting - April 5, 2000 permanent loud speakers are allowed at open buildings. I'm amending the design standards to specify no permanent loud speakers are allowed... Okay? Conrad: I guess...I don't think a point... worth having in the design standards. Kind: Let's have (c) say applicant work with staff to restrict, to limit... Conrad: Well we do have the power. Burton: We have the power but we don't have to worry... Kind: What do you think about that Bob? Generous: The loud speakers? Kind: No, to specify that no more than 30% of the site may be altered. Generous: ... Kind: I was just trying to address Alison's concerns... So leave it at approximately? Okay. Okay, I'm adding a fourth condition to LuAnn's motion that says, amend the design standards to (a), prohibit additional gates at driveway entrances. I'm trying to read through my scribbles here. (b). For staff, or the applicant to work with staff regarding putting limits on loud speakers and camping. Burton: I'll second that. Sidney moved, Burton seconded that the Planning Commission recommends to the City Council Conceptual and Preliminary Planned Unit Development-OfficelInstitutional approval ofPUD #00-1, subject to the following conditions: I. The developer shall enter into a Planned Unit Development Agreement and provide the necessary security required by the agreement. 2. The developer must comply with the Eckankar Religious Campus Development Design Standards. 3. A conservation easement or other form of preservation mechanism shall be established to permanently preserve the natural areas. 4. Amend the design standards to include: (a) Prohibit any additional gates at driveway entrances. 32 Planning Commission Meeting - April 5, 2000 residential, medium density residential, public/semi-public, and parks and open space to public/semi-public. All voted in favor and the motion carried unanimously. LuAnn Sidney made the motion for Conceptual and Preliminary planned unit development- office/institutional approval. Conrad: Is there a second? Kind: I second that and I have some friendly amendments to add. Number 4. Amend the design standards to (a), prohibit gates at driveway entrances. (b), to specify that no more than 30% of the site be altered from it's natural state. (c), permanent loud speakers are not allowed in open buildings. (d), prohibit outside camping. Are you okay with that? Burton: ...I have a comment on the gate. As I think about it, they already have a gate. I think that. ..additional gate... Kind: No other church has a gate. Public/semi-public. Conrad: Our parks do. Kind: They do? Blackowiak: ... Kind: So my 4(a) currently says, prohibit gates at driveway entrances. Maybe it should specify future or additional. Conrad: Additional. Kind: Okay. Okay, take them one by one? Conrad: I wasn't sure you... Kind: Well, I think this is the place to do it. Conrad: You are right. Kind: (b), specify that no more than 30% of the site is altered from it's natural state. I think it gives a little bit more teeth to, with our design standards... Conrad: See I have a comment on that... Kind: Currently the design standards it says, the standard for hard surface coverage is 20% of the overall development. Additionally, approximately 30% of the site will be... (c). Specify no 31 Planning Commission Meeting - April 5, 2000 (b) The applicant shall work with the city staff regarding putting limits on the use of loud speakers and camping on the site. All voted in favor and the motion carried unanimously. Blackowiak: I'll jump in on the next one. I'll give Deb the short one. I move that the Planning Commission recommends to the City Council approval of the Site Plan #00-5 for a 60,000 square foot administrative office and archives building, and a 10,000 square foot chapel, plans prepared by Korsunsky, Krank, Erickson Architects, Inc. dated February 25, 2000, subject to conditions I through 33. And I would like to add, condition 33 should be clarified with the engineering department to determine the exact width of the driveway access. I would like to add condition 34. That the applicant and staff revisit the southern most point of the building to determine what changes, if any, can be made to the side that the public sees. Condition 35. That the applicant and staff examine the possibility of a sidewalk on the east side of the site, which is the west side of Powers Boulevard. Kind: I second that and a couple of friendly amendments. Number 3. If the loading dock area stays where it is I would like screening be a little bit better and to change that to read, provide at least 7 to 12 foot evergreens for buffering of the loading dock area. Okay, number 10. I'd like to clarifY... to figure out that No Parking Fire Lane should be in quotes. To make it clear that's the type of sign, not that. ..required. And then let's see, Alison wentto 34. What number are you up to Alison? Blackowiak: I added 34 and 3S. So you would be at 36. Kind: I would like to see 36 condition suggesting, stating that signs stating that, I put this in quotes, "Trails are Open to the Public" or something like that, shall be posted at trail heads. And number 37. That, this is a nit but I'll put it in now...that the east and west elevations shall be corrected on the site plan. Conrad: Do you accept those friendly amendments...? Blackowiak: But you know what, I don't know ifI want to accept all of these. Number 3 I will, I would just say. Conrad: Let's go through them one by one. The first one on the loading dock screening... Blackowiak: My concern is, I don't want to specifY 12 evergreens. I mean 12 foot. What if the correct number is determined by the City Forester is 18. You know what I mean? Let's have the City Forester take a look at it. Kind: Okay. Blackowiak: That's my concern. Number 10 I accept. Number 36, I don't think we can say. We can suggest. We can't make it a condition. 33 Planning Commission Meeting - April S, 2000 Kind: The trails are open to the public? BIackowiak: Yeah, I don't think we can really say that. It's not our property. Kind: So I would change 36 to say, that the applicant consider posting signs stating. Blackowiak: That I would accept. Kind: That the trails are open to the public at the trail heads. Blackowiak: You know, I don't even know if we can... Conrad: It won't get... It's not hard to consider. Kind: So you're okay with consider then? Blackowiak: Instead of, okay. I'll accept consider on 37. And then what's your other one? Kind: So number 3 should be revised to the applicant work with the City Forester to determine the adequate buffering for the loading dock area. Conrad: ...one at a time. Kind: I do have one other discussion item. Is this considered a laundry list to put in conditions. Should we consider tabling this item... Even though I seconded the motion and add a bunch of conditions.. . Conrad: Well you made a motion and a second. Kind: I don't have to. I don't think I do. Conrad: You can vote any way you want... Blackowiak moved, Kind seconded that the Planning Commission recommends to the City Council approval of the Site Plan #00-5 for a 60,000 square foot administrative office and archives building, and a 10,000 square foot chapel, plans prepared by Korsunsky, Krank, Erickson Architects, Inc. dated February 25, 2000, subject to the following conditions: I. The applicant shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. 2. Increase parking lot landscaping to meet minimum requirements for trees and islands. 34 Planning Commission Meeting - April 5, 2000 3. The applicant will work with the City Forester to determine adequate buffering for the loading dock area. The plantings shall be located on the west side of the NURP pond. 4. The proposed lighting will be consistent with the lighting used at the Temple, dark brown anodized with square heads. Lighting shall use shielded fixtures and be directed away from public right-of-way. Sufficient lighting shall be provided to illuminate all areas of the parking lot to provide adequate levels of safety. S. A separate sign permit application will be required for signs. 6. The developer is required to provide a landscaped pedestrian passageway through the parking lot. 7. A sidewalk shall be installed from the access lane northwest of the building to the access lane southeast of the building. 8. A sidewalk or trail shall be installed along the access drive leading from West 78th Street to the interior of the site. 9. PIV (Post Indicator Valves) will be required for all buildings. 10. "No Parking Fire Lane" signs and yellow curbing will be required. Contact Chanhassen Fire Marshal for exact locations of signage and curbing to be painted yellow. II. Additional information will be required to determine fire sprinkler classification for the two story high storage area. Contact Chanhassen Fire Marshal for additional information regarding contents and room classifications. 12. Fire apparatus access roads and water supplies for fire protection are required to be installed and made serviceable prior to and during time of construction. Pursuant to Chanhassen Fire Code Section 901.3. 13. Further discussion will be needed to determine building address numbers or if driveways need private street names. Due to the large number of buildings and future expansions, building address numbers and locations will need to be determined for rapid fire, police and ambulance response. One suggestion could be a fire lane only to connect Phase I and Phase II parking lots. 14. All buildings and facilities must be on an accessible route. IS. The concept utility plan was not reviewed by the Inspections Division at this time. 16. The office building must be protected by fire sprinklers. 35 Planning Commission Meeting - April S, 2000 17. The office building must comply with the high pile storage requirements of the Fire Code. 18. Seven accessible parking stalls must be provided. 19. Detailed occupancy related code requirements will be reviewed when complete plans are provided. 20. The chapel building must be provided with sanitation facilities that include two male and two female fixtures. 21. Detailed occupancy related code requirements will be reviewed when complete plans are provided. 22. The developer shall supply the City with a detailed haul route for review and approval by staff for materials imported to or exported from the site. If material is required to be hauled off-site to another location in Chanhassen, that property owner will be required to obtain an earthwork permit from the City. 23. The applicant will need to develop a temporary sediment and erosion control plan in accordance with the City's Best Management Practice Handbook. The plan shall be submitted to the City for review and formal approval in conjunction with final plat submittal. 24. All areas disturbed as a result of construction activities shall be immediately restored with seed and disc-mulched or wood fiber blanket or sod within two weeks of completion of each activity in accordance with the City's Best Management Practice Handbook. 25. All utility improvements shall be constructed in accordance with the latest edition of the City's Standard Specifications and Detail Plates. Detailed utility plans and specifications shall e submitted for staff review and City Council approval prior to issuance of a building permit. Open cutting of West 78th Street for the extension of utilities will not be permitted. Upon completion the utilities located outside the city's right-of-way shall be owned and maintained by the applicant. If the applicant desires for the city to maintain the private utilities then a maintenance agreement and drainage and utility easement wiU need to be prepared and recorded against the property. The water main in Phase I shall be looped back out to the water main along Powers Boulevard with a future phase of development. 26. AU private streets/driveways shall be constructed to support a minimum of7 ton per axle design weight in accordance with the City Code 20-1118 "design of parking stalls and drive aisles". 27. Type III erosion control fence shall be used adjacent to wetlands in lieu of Type I. 36 Planning Commission Meeting - April 5, 2000 28. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, i.e. Minnesota Department of Transportation, Watershed District, Metropolitan Environmental Service Commission, Minnesota Department of Health, and Minnesota Pollution Control Agency, and comply with their conditions of approval. 29. No berming or landscaping shall be permitted within the city's right-of-way. A 2% boulevard grade must be maintained along the City's right-of-way. The applicant shall be responsible for relocation of all utilities, streetlights, and landscaping along West 78th Street as a result of site construction activities. 30. The rock construction entrances shall be shown on the Erosion control plans at all construction access points. The rock construction entrances shall be maintained until all disturbed areas are revegetated or the driveway/parking lots paved with asphalt. All catch basin inlets shall be protected with silt fence, rock filter dikes or hay bales. 31. Drainage easements shall be dedicated to the City over all ponds and wetlands up to the 100 year flood level. 32. The applicant shall enter into a site plan agreement with the City and provide the necessary financial security in the form of a letter of credit or cash escrow to guarantee compliance with the terms of site plan approval. Detailed cost estimates for site restoration, erosion control, grading for storm water ponds, sanitary sewer and water main extension to the site shall be supplied to city staff for review and approval. These cost estimates shall be incorporated into the site plan agreement to determine the amount of security required by the City. . 33. The City engineering department will clarify the exact width for the maximum driveway access at West 7Stb Street, whether it's 42 or 44 feet face to face unless the applicant is proposing a center median at the entrance. Pedestrian ramps shall be installed where the driveway intersects the trail along West 78tb Street. The applicant shall work with staff in modifying the parking lot layout to meet the Fire Marshal's turning radius requirements. 34. That the applicant and staff revisit the southern most point of the building to determine what changes, if any, can be made to the side that the public sees. 35. That the applicant and staff examine the possibility of a sidewalk on the east side of the site, which is the west side of Powers Boulevard. 36. The applicant consider posting signage stating that their trail system is open to the public. 37. The applicant correct the east and west elevations on the site plan. All voted in favor, except Kind who opposed, and the motion carried with a vote of 4 to I. 37 Planning Commission Meeting - AprilS, 2000 Kind: I'd like to see it again. Conrad: One more. Kind: I get a motion. I move the Planning Commission recommends to the City Council approval of a resolution for a Negative Declaration of the Need for an Environmental Impact Statement for the Eckankar Religious Campus. Blackowiak: Second. Conrad: Discussion. Kind moved, BIackowiak seconded that the Planning Commission recommends to the City Council approval of a resolution for a Negative Declaration of the Need for an Environmental Impact Statement for the Eckankar Religious Campus. All voted in favor and the motion carried unanimously. OLD BUSINESS: Bob Generous updated the Planning Commission on actions taken by the City Council at their previous meeting. APPROVAL OF MINUTES: Alison Blackowiak noted the summarized Minutes oftI1e Planning Commission meeting dated March IS, 2000 as presented. OPEN DISCUSSION: Commissioner Blackowiak asked for an update on the filling of the vacancy on the Planning Commission. The Planning Commission meeting was adjourned at 10:40 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 38