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6. CUP for Contractor's Yard granted on 2-8-1988, for Admiral Waste Mgmt 1 P.C. DATE: 2-1-89 II C I T Y 0 F� C.C. : 8729 18 CUP 1 Prepared by: Hanson:k il i . STAFF REPORT 1 PROPOSAL: Extend a conditional use permit for a contractors yard. II-. Z a 1 U LOCATION: North and adjacent to Highway 212 and east and J adjacent to Highway 101. Address : 10500 Great 1 0 Plains Blvd. APPLICANT: Admiral Waste Management, Inc. QAttn: Patrick Blood and Nancy Lee 1 8275 Tamarack Trail Eden Prairie, MN 55344 i 1 1 PRESENT ZONING: BF, Fringe Business District ACREAGE: 13 . 27 acres I . DENSITY: N/A ADJACENT ZONING IAND LAND USE: N- A-2; large lot single family residential S- A-2; Minnesota River Valley ger E- BF; vacant commercial (cold storage 1 warehousing) W- BF; existing motel units Lila WATER AND SEWER: Municipal water and sewer lines are not Iavailable to the site. PHYSICAL CHARAC. : The site contains steep slopes adjacent to railroad tracks to the north and contains 1 a Class A wetland. 2000 LAND USE PLAN: Area is designated agricultural. 11 , Admiral Waste CUP February 1 , 1989 Page 2 APPLICABLE REGULATIONS Section 20-236 , Expiration for Conditional Uses, allows for the , extension of the permit. The City Council has the authority to extend the permit for an additional period of time as it deems appropriate after receiving a recommendation from the Planning Commission. Section 20-424 , Expiration and Renewal for Wetland Alteration Permits, provides for the extension of permits. The City Council may extend the period to commence work. This extension is to be granted by the City Council and there are no provisions requiring a Planning Commission recommendation on this matter. 11 ANALYSIS The applicants have submitted a letter requesting a one year ' extension on the conditional use permit for a contractors yard located at the northeast corner of TH 212 and TH 101. This per- mit was issued last February, 1988. The applicants had delayed construction of the improvements due to anticipated changes in their operation specifically for recycling. In their letter, the applicants have noted that due to the changes in their plans for dealing with recycling that their original plans for the property will need some revision. Based on this , staff would expect that the applicant will in the near future be coming back to file an amendment to the conditional use permit that they presently have on the property. If the present conditional use permit is extended, they will need 1 to revise that conditional use permit and go through the full conditional use permit procedure to accomplish this amendment. If on the other hand the conditional use permit is not extended, the applicants would be required to submit a complete new application for a conditional use permit to accomplish any changes they anticipate for the site. Attached for Planning Commission consideration is the staff report written for this request at the time the permit was issued. At that time, staff recommended approval of the con- ditional use permit with 26 conditions . Subsequently the Planning Commission recommended approval of the conditional use permit with the addition of another condition and modification of three other conditions . The conditional use permit was then approved by the City Council on February 8 , 1988 with 28 con- ditions . Also at that time the wetland alteration plan was approved. Also attached for the Planning Commission' s consideration are copies of the minutes from the City Council meeting when this item was previously approved; the conditional use permit itself I I 1 • ' Admiral Waste CUP February 1 , 1989 i Page 3 as recorded with Carver County; a letter dated February 11 , 1988 to Admiral Waste Management from Barb Dacy specifying the con- ditions of the approval as well as requesting a revised site plan to be submitted. At this time the revised site plan has not been ' submitted to staff . The conditional use provisions do not provide any criteria for making a recommendation relative to extending the conditional use permit. The regulations simply state that if substantial construction has not taken place within one year from the date on which the conditional use permit was granted, the permit is void, ' unless an extension is granted by the City Council after a recom- mendation is received from the Planning Commission. If the Planning Commission feels this particular application is ' appropriate for the site, they should extend the permit for a specified period of time. If , however, the Planning Commission is reluctant to continue this particular use as previously per- mitted, they should not grant the extension. In either case, it ' would be appropriate to use the general issuance standards cited in Section 20-232 for conditional use permits for making findings on whether to extend or not extend the permit. This section of ' the code states as follows : "The Planning Commission shall recommend the conditional use permit and the City Council shall issue such conditional use permits only if it finds that such use at the proposed loca- tion: ' 1 . Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the City. ' 2 . Will be consistent with the objectives of the City' s Comprehensive Plan and this chapter. 1 3 . Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of the area. 4 . Will not be hazardous or disturbing to existing or planned neighboring uses . 5 . Will be served adequately by essential public facilities and services including streets , police and fire protec- tion, drainage structures , refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the pro- posed use. I ■ f Admiral Waste CUP February 1, 1989 Page 4 6 . Will not create excessive requirements for public facili- 1 ties and services and will not be detrimental to the eco- nomic welfare of the community. 7 . Will not involve uses; activities processes ; materials, equipment and conditions of operation that will be detri- mental to any person ' s property or general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents , or trash. 8 . Will have vehicular approaches to the property which do 1 not create traffic congestion or interfere with traffic or surrounding public thoroughfares . 9 . Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. 10 . Will be aesthetically compatible with the area. 11 . Will not depreciate surrounding property values . ' 12 . Will meet standards prescribed for certain uses as pro- vided in this article. STAFF UPDATE The Planning Commission evaluated input from the applicant and 1 interested neighbors regarding the extension of the Conditional Use Permit. There was concern on the part of the Planning Commission that the applicant had plans to amend the present per- mit in the future if the permit was extended. This would require the filing of an amendment and the Planning Commission felt if this were planned the permit should not be extended but rather a new permit should be applied for when the applicant' s plans are fully known. The Planning Commission also felt the initial permit probably ' "hould not have been approved as a contractor ' s yard as the pro- posed use as a trash collection and vehicle storage area does not fit the definition of contractor' s yards . The Planning Commission felt an area needs to be identified for this type of use but that this is not the appropriate location. They required staff to look for an appropriate location for this type of use. RECOMMENDATION The Planning Commission recommended that the City Council not , extend Conditional Use Permit #"7-18 for a contractor' s yard for Admiral Waste Management, Inc. The applicant also had a wetland alteration permit for this prop- erty approved as part of the conditional use permit. As this 11 ■ IAdmiral Waste CUP February 1, 1989 Page 5 was part of the conditional use permit, staff recommends the City Council not extend the wetland alteration permit. It is recommended that the City Council adopt the following motion: ' "The City Council denies the request for an extension and there- fore voids the following permits : ' Conditional Use Permit #"7-18 - Contractor ' s yard Wetland Alteration Permit #87-14 for Admiral Waste Management, Inc. " ATTACHMENTS 1. Letter from Patrick Blood dated January 13 , 1989. 2 . City Code definition for Contractors Yard. ' 3 . City Code, Section 20-236, Expiration. 4 . City Code, Section 20-424, Expiration Renewal, etc. 5 . Letter dated February 11, 1988 to Admiral Waste Management ' from Barb Dacy. 6 . Conditional Use Permit as Recorded in Carver County. 7 . City Council minutes dated February 8 , 1988 . 8 . Staff Report and all attachments from City Council meeting ' of February 8, 1988 . 9 . Letter from John Foster dated January 24, 1989 . 10. Planning Commission minutes dated February 1, 1989. 1 1 i 1 1 1 1 r ■_ f tt I 1 ;i t.,11; I J. . : j lilt I C t , ' 1 :;: I I 111 I. 11 it' I 1 t it,; 1,1 iij Li C rf 'C 1;11 tr 0.1 4 CH. I .1. 1 ! i r.t t. H 2: C t t. .y; I 7.- ; '1 r; t I" p t. Ctit ' ti I .1, A t. - 1 t lit f .ti ); , „ „V■ f"I , i I f r 111 C.■ C.I i ii I i (. 1.1 L:; , ; c ; I..J i .Iu .1 ; ; (.■ - i I./ IC.; I.; 1 1 1 I. „ ..1 I iurui.iui U'1 1.'.1 I I CI 1. 1. r■1 C :1 .4 1. t I 1 cut iu :II. l t h 1.,i(F..? 1 A I 3. 1 1. 1.C."I. :I.I ICI l.u.0 h .1.i I iui. c; c; l- c- 't f i t C 1 1 i. ri 1 , C I I 1 0 1 II 71. 1 1 d f 1„ 1 11... 1 F ..1. `r- JAN 1 3 1989 CITY.OF CHAN HASSE14 1 I . 4.t..... I § 20-1 CHANHASSEN CITY CODE (0--- ,, I :`,';, =;,t; Church means a building or edifice consecrated to religious worship, where people join together in some form of public worship under the aegis and direction of a person who is : e •Gp,L:=.'`- authorized under the laws of the State of Minnesota to solemnize marriages. A church may ''''''-'" include living quarters for persons employed on the premises and classroom facilities. The ,:, ,,,Y following are not considered as churches: Camp meeting grounds, mikvahs, coffee houses, — recreational complexes, retreat houses, sleeping quarters for retreatants during spiritual ' retreats extending for periods of more than one (1) day. Bible camps with live-in v m publishing establishments, ritual slaughter houses, radio or television towers and tamis sion facilities, theological seminaries,day care centers, hospitals,and drug treatment centers are not churches. Class A wetlands means wetland t I .; ypes 3,4,5,6,7 and 8.In the case of wetlands adjoining , a public waters designated as lake or pond this class shall also include type 2 wetlands.Type 2 wetlands shall also be deemed a class A wetland when adjoining a stream designated as public waters to the extent that it encroaches upon the one-hundred-year floodplain of the stream. IClass B wetlands means type 2 wetlands not adjoining a public waters designated as lake or pond nor within the one-hundred-year floodplain of a stream designed as public waters. IClear-cutting means the removal of an entire stand of trees. Collector street means a street that carries traffic from minor streets to arterial streets. Conference/convention center means a preplanned, centrally managed development con- taining facilities for business or professional conferences and seminars and containing ac- commodations for overnight lodging,eating and recreation.The development is characterized . ( by architecturally integrated buildings, common use of parking areas, and incorporation of passes recreational amenities into overall site design. I Conforming building or structure means any building or structure which complies with all the regulations of this chapter, or any amendment thereto. Contractor's yard means any area or use of land where vehicles, equipment, and/or construction materials and supplies commonly used by building, excavation, roadway con- struction, landscaping and similar contractors are stored or serviced. A contractor's yard includes both areas of outdoor storage and areas confined within a completely enclosed Ibuilding used in conjunction with a contractor's business. Cul-de-sac means a minor street with only one (1) outlet and having an appropriate turn-around for the safe and convenient reversal of traffic movement. IDay care center means any facility or home where tuition, fees or other forms of compen- sation is charged for the care of children and which is licensed by the state as a day care Icenter. Density, gross means the quotient of the total number of dwelling units divided by the gross site area. IDensity, net means the quotient of the total number of dwelling units divided by the developable acreage of the site. Developable acreage excludes wetlands, lakes,roadways, and Iother areas not suitable for building purposes. 1144 I 1 3 § 20-236 CHANHASSEN CITY CODE • /- Sec. 20-236. Expiration. If substantial construction has not taken place within one (1)year of the date on which the conditional use permit was granted, the permit is void except that, on application, the council, after receiving recommendation from the planning commission, may extend the permit for such additional period as it deems appropriate. If the conditional use is discon- tinued for six (6) months, the conditional use permit shall become void. This section shall apply to conditional use permits issued prior to February 19, 1987 but the six-month period shall not be deemed to commence until February 19, 1987. (Ord. No. 80, Art. III, § 2(3-2-8), 12-15-86) Sec. 20-237. Revocation and not for a particular person. Failure to comply with any condition set forth in a conditional use permit, or any other violation of this chapter, shall be a misdemeanor and shall also constitute sufficient cause for the termination of the conditional use permit by the city council following a public hearing. (Ord. No. 80,Art. III, § 2(3-2-7), 12-15-86) Secs. 20-238-20-250. Reserved. ' DIVISION 3. STANDARDS FOR AGRICULTURAL AND RESIDENTIAL DISTRICTS Sec. 20-251. Scope. In addition to all other standards required by section 20-232, the standards in this division shall apply to conditional uses if they are to be located in agricultural or residential districts. (Ord. No. 80, Art. V, § 9(5-9-1), 12-15-86) Sec. 20-252. Bed and breakfast establish ' ments. The following applies to bed and breakfast establishments: (1) Two(2)off-street parking spaces plus one(1)additional space per rental room must be provided. (2) There shall be no more than one(1)employee in addition to the residents. (3) Establishment must be owner occupied. (4) There shall be five(5)or less rooms for rent. (5) The rooms shall not be rented for more that seven (7) consecutive days to the e same (Ord. No. 80, Art. V, § 9(5-9-1(1)), 12-15-86) Sec. 20-253. Group homes. The following applies to group homes for seven(7) to sixteen(16)persons. (1) The structure must be in compliance with the state licensing requirement. 1172 I '+" .� § 20-422 CHANHASSEN CITY CODE ' the council.The council may establish reasonable conditions which are specifically set forth in the permit to ensure compliance with requirements contained in this article. Such conditions may, among other matters, limit the size, kind or character of the proposed work, require the construction of other structures, require replacement of vegetation, establish required moni- toring procedures and maintenance activity, stage the work over time, require the alteration of the site design to ensure buffering, require the provision of a performance security. The ' granting of a wetland alteration permit does not abrogate the need to obtain permits required by other local, state or federal agencies. (Ord. No. 80, Art. V, § 24(5-24-9), 12-15-86) Sec. 20-423. Inspection of work. ' The city engineer may cause inspection of work for which a wetland alteration permit is issued to be made periodically during the course of such work and shall cause final inspection to be made following the completion of the work. (Ord. No. 80,Art. V, § 24(5-24-11), 12-15-86) ISec. 20-424. Expiration,renewal,etc. INss, (a) Unless otherwise specified by the city council, the person issued a wetland alteration permit shall begin and complete the development authorized by the permit within one(1)year after the date the council approves the permit application. (b) The permittee shall provide written notice to the city engineer twenty-four(24)hours prior to the commencement and completion of the development project. No project shall be ' deemed to have been completed until approved by the city engineer after receipt of notice of completion. ' (c) If the permittee fails to commence work on the development within the time specified in this section, the permit shall be void. The council may renew a void permit at its discretion. If the council does not renew the permit, the holder of the void permit may make original ' 'application for a new permit. (d) The permittee may make written application to the council for an extension of the ' time to commence work, but only if the permittee submits the application prior to the date already established to commence work. The application for an extension shall state the reasons the permittee requires an extension. ' (Ord. No. 80, Art. V, § 24(5-24-10), 12-15-86) Secs. 20425-20435. Reserved. ' Part B. Issuance Guidelines Sec. 20-436. Generally. No wetland alteration permit shall be issued unless the council determines that the proposed development complies with the provisions of this part, as well as the intent and 1192 I CITY OF 1 J.,, .„. . 3..:1 \ ,,,, C :N r ► , N 1 `` '•'. 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1 (612) 937-1900 I February 11 , 1988 I Admiral Waste Management, Inc. I Attn: Mr. Patrick Blood Ms . Nancy Lee 8275 Tamarac Trail II Eden Prairie, MN 55344 Dear Mr. Blood and Ms . Lee: This is to confirm that the City Council at the February 8 , 1988 II meeting approved the conditional use permit for a contractor' s yard based on the site plan stamped "Received January 21, 1988" and subject to the following conditions: 1 . Hours of operation shall be from 7 : 00 a.m. to 6 : 00 p.m. , Monday through Saturday only (work on Sundays and holidays II not permitted) . 2 . There shall be no outside speaker systems. II 3 . Any light sources shall be shielded from adjacent public road . right-of-ways. II 4 . A holding tank shall be installed to receive the waste water from the garage area. The holding tank shall be pumped as necessary and the applicant shall be required to keep a II current copy of their pumper contract on file with the City. 5 . The applicant shall daily clean on and off-site dirt and II debris from streets and the surrounding area that has resulted from construction work by the applicant, its agents or assigns . II6 . The building must have a heat and smoke detector system with a central dispatch. 7 . Lighted exit signs must be installed at all exits . II 8 . A plan for storage of flammable and/or combustible material 11 must be submitted to the Public Safety Office for approval. 1 II 1 • Mr. Patrick and Ms . Nancy Lee February 11, 1988 Page 2 9 . Emergency lighting must be installed. ' 10 . The driveway and parking lot shall have B6-18 concrete curb and gutter. ' 11. The applicant shall submit a landscaping plan indicating installation of 20 six foot evergreen trees between the vehicular use areas and the public right-of-ways . 12. All septic system sites shall be staked and roped off prior to the commencement of any construction. Any traffic over ' these sites will require reevaluation of the sites . 13 . The applicant shall obtain an access permit from the ' Minnesota Department of Transportation and shall comply with all condition-s of the permit. 14 . The approach onto Trunk Highway 101 shall be a maximum of 0 . 5% grade for a minimum distance of 50 feet. 15 . Catch basins shall oe provided at the low point of the drive- , way along with proper spillways in the parking lot. A revised plan shall be submitted for approval by the City Engineer. 16 . Calculations verifying the preservation of the predeveloped runoff rate for the site and ponding calculations for a 100-year frequency storm event shall oe provided to the City Engineer for approval. ' 17 . Check dams (Type II Erosion Control) shall be placed at 100-foot intervals along all drainage swales . 18 . Existing structures shall be disposed of properly. If debris is to be burned, the applicant shall obtain a burning permit from the Department of Public Safety and the Pollution ' Control Agency. On-site burial of debris is prohibited. 19 . Additional erosion control shall be placed along the north ' side of the site. A revised plan shall be submitted for approval by the City Engineer. 20 . All erosion control measures shall be in place prior to the ' initiation of any grading and once in place shall remain in place throughout the duration of construction. The developer is required to make periodic reviews of the erosion control ' and make any necessary repairs promptly. All of the erosion control measures shall remain intact until an established vegetative cover has been produced at which time removal ' shall be the responsibility of the developer. 21 . Wood fiber blankets or equivalent shall be utilized to stabi- lize all disturbed slopes greater than 3 :1. Mr. Patrick Blood and Ms . Nancy Lee , February 11 , 1988 Page 3 ' 22 . Seeding shall be disc-anchored and shall commence no later than two weeks after slopes have been established. , 23 . All detention ponds and drainage swales shall be constructed and operational which includes all pertinent storm sewer systems to have the ponds functional prior to any other construction on the project. 24 . The applicant shall apply for and obtain permits from the ' watershed district, DNR and other appropriate regulatory agencies and comply with their conditions of approval. 25 . Any expansion of the building or parking areas or expansion beyond 12 vehicles used in the business shall require a con- ditional use permit. ' 26 . The site plan shall be revised to shift the building 20 feet to the east. 27. Should the subject site be subdivided, the city would look to requiring the necessary right-of-way for a frontage road to make connections to the east. 28. All regulations shall be followed to cap the well. The City Council also approved a wetland alteration permit based on the site plan stamped "Received January 21, 1988" and subject to the following conditions : 1 . Compliance with the standards of Article V, Section 24 (a) ( 4 ) . 2 . Compliance with the conditions of approval of Conditional Use ' Permit Request 87-18 . " It is requested that you revise the site plan to shift the ' building so that it is 100 feet away from the TH 101 right-of-way line and that the additional 20 six-foot evergreen trees be indi- cated on the plan. The size and species shall also be indicated 1 on the revised site plan. Enclosed is a copy from the building code regarding the oil and flammable liquids separater. You will need to submit the septic system design, holding tank design and other necessary drawings as required by the building official in conjunction with the building permit .application. I would alsd - - recommend that you have your engineer begin the process to obtain the access• permit from the Minnesota Department of Transportation. Also, remember that demolition of the buildings and the capping of the well should be coordinated with Jim Chaffee, the Public Safety Director and the appropriate State agencies. I 3 II Mr. Patrick Blood and Ms . Nancy Lee ee February 11, 1988 Page 4 The City will be preparing a conditional use permit document which will be recorded against the title of the property at the Carver County Recorder' s Office. A copy of this document will be forwarded to you when signed by the Mayor and City Manager. Should you have any questions, please feel free to contact me. Good luck on your new location. ' Since ely, doe Barbara Dacy City Planner BD:ktm 1 I I CITY OF CHANHASSEN 1 CARVER AND HENNEPIN COUNTIES, MINNESOTA CONDITIONAL USE PERMIT ' 1 . Permit. Subject to the terms and conditions set , forth herein, the City of Chanhassen hereby grants a conditional use permit for: Contractor' s yard activities 2 . Property. The permit is for the following described ' property in the City of Chanhassen, Carver County, Minnesota: See Attached Exhibit A - (PID # 25-0360600) 3 . Conditions. The permit is issued subject to the following condition: 1 . Hours of operation shall be from 7 : 00 a.m. to 6 : 00 p.m. , Monday through Saturday only (work on Sundays and holidays not permitted) . ' 2 . There shall be no outside speaker systems. 3 . Any light sources shall be shielded from adjacent public road i right-of-ways. 4 . A holding tank shall be installed to receive the waste water from the garage area. The holding tank shall be pumped as necessary and the applicant shall be required to keep a current copy of their pumper contract on file with the City. , 5 . The applicant shall daily clean on and off-site dirt and debris from streets and the surrounding area that has resulted from construction work by the applicant, its agents or assigns . 6 . The building must have a heat and smoke detector system with a central dispatch. 7 . Lighted exit signs must be installed at all exits. 8 . A plan for storage of flammable and/or combustible material must be submitted to the Public Safety Office for approval. 9 . Emergency lighting must be installed. 10 . The driveway and parking lot shall have B6-18 concrete curb and gutter. Page of .17 Pages I 1 11 . The applicant shall submit a landscaping plan indicating installation of 20 six foot evergreen trees between the vehicular use areas and the public right-of-ways . ' 12 . All septic system sites shall be staked and roped off prior to the commencement of any construction. Any traffic over ' these sites will require reevaluation of the sites . 13 . The applicant shall obtain an access permit from the Minnesota Department of Transportation and shall comply with all conditions of the permit. 14 . The approach onto Trunk Highway 101 shall be a maximum of 0 . 5% grade for a minimum distance of 50 feet. 15 . Catch basins shall be provided at the low point of the drive- way along with proper spillways in the parking lot. A revised plan shall be submitted for approval by the City Engineer. 16. Calculations verifying the preservation of the predeveloped ' runoff rate for the site and ponding calculations for a 100-year frequency storm event shall be provided to the City Engineer for approval. ' 17 . Check dams ( Type II Erosion Control) shall be placed at 100-foot intervals along all drainage swales. ' 18 . Existing structures shall be disposed of properly. If debris is to be burned, the applicant shall obtain a burning permit from the Department of Public Safety and the Pollution Control Agency. On-site burial of debris is prohibited. 19 . Additional erosion control shall be placed along the north ' side of the site. A revised plan shall be submitted for approval by the City Engineer. 20 . All erosion control measures shall be in place prior to the ' initiation of any grading and once in place shall remain in place throughout the duration of construction. The developer is required to make periodic reviews of the erosion control ' and make any necessary repairs promptly. All of the erosion control measures shall remain intact until an established vegetative cover has been produced at which time removal shall be the responsibility of the developer. 21. Wood fiber blankets or equivalent shall be utilized to stabi- lize all disturbed slopes greater than 3 : 1. 22 . Seeding shall be disc-anchored and shall commence no later than two weeks after slopes have been established. 23 . All detention ponds and drainage swales shall be constructed and operational which includes all pertinent storm sewer systems to have the ponds functional prior to any other construction on the project. -2- ' Page ' of `-J Pages 11 24 . The applicant shall apply for and obtain permits from the 1 watershed district, DNR and other appropriate regulatory agencies and comply with their conditions of approval. 25 . Any expansion of the building or parking areas or expansion beyond 12 vehicles used in the business shall require a con- ditional use permit. 1 26 . The site plan shall be revised to shift the building 20 feet to the east. 27 . Should the subject site be subdivided, the city would look to requiring the necessary right-of-way for a frontage road to make connections to the east. ' 28 . All regulations shall be followed to cap the well. 4 . Termination of Permit. The City may revoke the permit following a public hearing under any of the following circumstances: material change of condition of the neighborhood where the use is located; violation of the terms of the permit. , 5 . Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. ' Dated: February 8, 1988 CI OF ' HANHASS N By: Zel//ei_ , 1 s Ma e By: ` & 'h Its Clerk — STATE OF MINNESOTA) ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this �. t day of 44,a. , 1918, by Thomas L. Hamilton, Mayor, and Don Ashworth, City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation. No ary hiceful-444(- e -, SPA , -3- �� a K! N i NOl'�.S,Y PU7:.t:; ETA t CAR'.LA r ' My commission e._. i -10-91 - ti v Page _� -- of Pages I I . IEXHIBIT A II That part of Government Lot 4, Section 36, Township 116, North Range II 23 West of the 5th Principal Meridian, Carver County, Minnesota, which lies southerly of the southerly right-of-way line of the Chicago and North Western Railway Company (formerly Minneapolis and St. Louis Railway Company) and northerly of the northerly line of II State Highway No. 169 end No. 212, EXCEPTING therefrom that part contained in the following That pert of Government Lots 3 and 4, Section 36, Township 116, Range ' 21, described as follows: Commencing at the West Quarter corner of I said section; thence South along an extension of the west line of said Government Lot 4, a distance of 14.65 feet; thence northeasterly deflecting to the left 106'21'30", a distance of 1327.05 feet to the actual point of beginning of the tract of land to be described; • thence continuing northeasterly along last described course 170.35 I feet; thence northwesterly deflecting to the left 89'15' , a distance of 50 feet to a point marked by a Judicial Landmark; thence continuing northwesterly along last described course, a distance of 473.2 feet to a point marked by Judicial Landmark; thence I Northwesterly deflecting to the left 63'38' , a distance of 40 feet to a point marked by a Judicial Landmark; thence southwesterly deflecting to the left 25'30', a distance of 146 feet to • point marked by a Judicial Landmark; thence southeasterly 545.52 feet to I the actual point of beginning, • point being marked on the last described course by a Judicial Landmark; distant 50 feet northwesterly of actual point of beginning. • And except that part of the South Half of the Northwest Quarter of I Section 36, Township 116, Range 23, described as followst Starting at a point on the North right of way line of Trunk Highway No. 169 which point is 50 feet North of the center line of the pavement at a point 1487.4 feet Northeasterly from the West line of said Section 36 I as measured along the center line of said pavement and running thence North 13'32' West or at an angle of 89'15' with said pavement a distance of 473.2 feet; thence North 77'10' West, 40 feet; thence South 77'20' West, 146 feet; thence Southeasterly 501 feet to the North right of way line of said Trunk Highway and thence II Northeasterly along said right of way line 171 feet to place of beginning. _ And EXCEPT that part of said Government Lot 4 lying easterly of the I following described liner Commencing at the West (Quarter corner of said section; thence South along an extension of the west line of said Government Lot 4, a distance of 14.65 feet; thence northeasterly deflecting to the left 106'21'30", a distance of 1487.40 feet to the actual point of beginning of the lino to be des:ribed; thence I northwesterly deflecting to the left 89'15' to the south line of said Chicago and North Western Railway Company and said line there terminating. II OFFICE OF COUNTY RECORDER STATE OF MINNESOTA ICOUNTY OF CARVER d . t, Filing Fee Z Jd This is to certify that this document �� o filed �19?Si A DCat�?�`3 o'clock duly recorded as p� � ��h' M. andwasduy ,9,,7 /, /7 document no. 95'139 IU. CARL W. HANSON JR. County Reco r by' f M_v1G�G lip OS Page - '` t °""ems IL Nib ! 1' i; ' 'City Council Meeti.;„ February 8, 1988 - Page 11 ■ II Eric Rivkin : Point 7, this additional erosion barriers , you don ' t have II control over that. Point 10, the deed restriction. Councilman Johnson: That wasn' t inlcuded . I Councilman Horn: 7 through 11 are not in our motion. The only thing it is is the wetland alteration permit which we just granted . That ' s to I store the spoils within 200 feet of the wetland. _NANCY.LEE AND `PATRICK BLOOD, PROPERTY LOCATED ON THE NORTH SIDE OF-.TH II 212 AND THE EAST SIDE OF TH 101, ZONED BF, FRINGE BUSINESS DISTRICTS A. CONDITIONAL USE PERMIT FOR A CONTRACTOR' S YARD ON 13 ACRES I B. WETLAND ALTERATION PERMIT TO CONSTRUCT WITHIN 200 FEET OF A CLASS A _WETLAND. I Barbara Dacy: The property is zoned BF, Business Fringe. A II contractor ' s yard was recently put into the ordinance to be allowed as conditional uses . The hash mark on the transparency here shows the location of the entire 13 acre parcel . The location of the proposed II building is in the upper northwest corner of the site adjacent to TH 101. The Planning Commission considered this item and recommended approval to the Council with 20 some conditions and out of their discussion they amended four of those conditions. Condition 4 II clarifying the pumping contract provision with the city. Number 25, they specified that any expansion of this activity beyond 12 vehicles would require a conditional use permit . Number 26, that the site plan be revised to shift the building 20 feet to the east and finally, if the ' site is to be subdivided in the future, that the City would look to requiring the necessary right-of-way for frontage road to make connections to the properties to the east . To summarize the Planning II Commission' s discussion would be to basically say that their discussion centered around traffic issues and access to the site. A couple of issues that I 'd like to talk about further, beyond the Planning II Commission consideration. One of those items was that the Commission spent a good deal of time on whether or not they should add on a condition about restricting access coming into and out of this site and primarily requiring access to proceed south on TH 101 to prevent access going north. As you' ll note in the Minutes , the Commission asked about another application at the Merle Volk site and that conditional use permit and a condition indeed was placed in that permit to restrict II access to CR 18. However , I think that the Planning Commission, at that meeting, it was decided that that condition was not necessary in this case. Secondly, another major issued discussed by the Commission at L their meeting was access to the site from TH 101. Again, collectively II the Commission decided that the access proposed in the proposed site plan was adequate. A couple of the members did have a lot of reservations about this access so staff went further to research this II issue as to whether or not access could be gained from the east. In order to do that , there is an intermediate property on the east side II I T 6,74a City Council Meeting ' ' February 8, 1988 - Page 12 owned by Mr . Jack Brambilla . There is a vacant building at this location right now. It ' s approximately across from the SuperAmerica [— site which is located right here. Mr. Brambilla indicated that although he would opposed to getting an easement for road access through his property, he is interested in selling the property. The property adjacent to his property has been approved for a cold storage site and ' was granted a driveway access permit by MnDot . That property owner would also have to grant an easement to connect into his driveway. Upon discussing this issue with MnDot , they gave me the following guidelines . They would not like to see this driveway access at this point because of ' it' s location to the traffic light which is at the Shakopee light approximately here. They said if the City is to encourage a frontage road , they would be more than happy to assist us in that effort and they would encourage a frontage road to relieve TH 212. However, they said the best place for a frontage road intersection would be 1, 000 feet to the east of this stop light which would put it approximately in this area. They said that a by-pass lane would also have to be added in both diretions and that some of the access points where the motel and the SuperAmerica would have to be reoriented . In sum, to create an intersection there and meet MnDot' s guidelines , they said would cost I approximately $500,000. 00. The question was put to MnDot that they' re still satisfied with the access onto TH 101. They said because the grading plan is proposing increasing the level of the property so that I the driveway is entering TH 101 at a consistent elevation, that would improve the access as well as making a "T" of this driveway as opposed to what is currently existing at this time. Secondly, they felt that the traffic volumes on TH 101 are right at this time at approximately I3, 250. The traffic volumes on TH 212 are 20, 000. MnDot does not want to encourage additional traffic interruptions on such a busy major arterial. They recognize that this is located approximately 250 feet or I so south of the railroad crossing over TH 101 which I think we can all agree is not the best. However, they stated that this is an adequate distance for sight distance as well . I should also point out to the I Council that the bridge to the south of this property over the creek, does have a 5 ton restriction and the applicant , through the MnDot permit process would have to comply with that tonage restriction. Finally, one final comment for Council consideration tonight is that the I applicant has been reviewing their building plans for cost and potential construction yet this year . In so doing , as was required by the Commisison, they have found that they do have to sprinkler the building I because Appendix C of the Building Code says that if you' re over 3 , 000 square feet in this type of use, you have to provide for sprinklering . As we are aware, there is no city water in this location . In order to I sprinkler a building of this size, they would have to install a reservoir sufficient in size and with the appropriate equipment to sprinkler this building. At a minimum, this would cost approximately $5, 000. 00 to $6, 000. 00. The applicant indicated to me today that they I are going to reduce the size of the building so it goes below the 3 , 000 square foot threshhold . Given that the building is constructed of concrete block, as long as the Council imposes the other conditions I recommended by the Fire Department as listed in the staff report, staff is willing to withdraw that requirement. So staff recommendation is based on the Planning Commission ' s review, their recommended conditions minus the condition sprinklering the building . I City Council Meetir: February 8 , 1988 - Page 13 Mayor Hamilton : Patrick or Nancy, anything additional you want to add? II Patrick Blood: I think everything in the last few meetings has been brought up. Councilman Johnson : Once again , similar to the last issue which I really was probably one of my more gut wrenching ones I 've ever had , the State is controlling us again here on this one. I 'd much -rather see ;access down to TH 212 than onto TH 101 right Ilext to that railroad - " bridge. - I went out there and stopped and looked at that yesterday and the cars, I don't know how the people pass underneath that bridge coming ' down that hill as fast as they do . It just amazed me the speed some people were going through there. Your drivers are going to need some real good training for them to get going . Coming south and stopping and 1 turning left there could be a real safety hazard. Coming underneath that bridge, the people going as fast as some people do on there , if there' s a truck sitting there turning left, it' s going to get rear ended . They' re not expecting to see stopped vehicles there. I don' t II know what to do about that other than what I talked to Barb today about getting caution signs up there or whatever . Stopped vehicles ahead or trucks entering . I guess another point to be made is the times within our ordinance says that a contractor ' s yard shall not start until 7: 00 a.m. and go until 6 : 00 p.m. or something like that. What this in effect does at this location is requires trucks to be going out into traffic at I rush hour. Right at the 7: 00 rush hour . I don' t know if it might be _ even better to get them out earlier or what here. Of course, there are so few trucks, really I don 't know if that ' s that huge of a thing . I 've not sat there at 7 : 00 in the morning to see what kind of traffic we get through there. That ' s a concern of mine. I don' t know how to address it. The other one was capping of the wells that ' s discussed in the staff report. I 'd like to have a condition that the capping of the I wells be with the proper permits with the Department of Health as coordinated through the Public Safety Department. Whether that' s an additional -item added to it or worked into 18 or 24 . I want to make I _ _ sure that that well is properly capped so nothing gets down into the ground water there through an easy channel . Is the 5 ton weight limit going to cause you a problem? II Patrick Blood : For the most part , we are keeping our residential trucks : :"tunder 2,000 pound trucks. They are small retriever garbage trucks. A majority of the trucks will be them. Right now we have two big ones and I "-tlike I say, the rest of them are small . For the most part I don' t " foresee getting too many more big ones . Possibly one more big one :within a year or so, maybe two years but for the most part it would be :;': -these smaller ` trucks . -That' s the basis of -our company and that ' s what ' ' ' we are paying the' state for . ' " - S r `7Council�man ‘,�'ohnson : when-you -say big -one, or the full sized? ' L _(1!1 .1 r:� ,...1 L , i : , C7 , _..I � i_at t i€? . 11 1 .i 1,1 - , �_il.. '_ a:'i' . 0. Patrick Blood: The biggest 'we have is the 20 yard. They are both 20 yard rearend loaders and the other ones , we' ll be running up to 17 ,000 I GW. They won' t even reach that on some occasions. I I IIL)4i r . City Council Meeting February 8, 1988 - Page 14 ' Nancy Lee: They are nothing more than a full sized pick up truck with a small load garbage packer on the back. Councilman Johnson : 20 yards is a lot more than a small load garbage packer. What's the empty weight of the big ones? Patrick Blood : Right in the neighborhood of, just guessing, I think it ' s between 20 and 23. Something like that. Maybe 25. Councilman Johnson: So about 10 tons? Patrick Blood : Yes , about 10 tons. ' Councilman Johnson: So you can ' t go south out of there with your big trucks. You have to go north. INancy Lee: 5 tons per axle? Councilman Johnson : It just says 5 tons . I 'm not sure if it ' s 5 tons per axle. INancy Lee : It is per axle. Councilman Johnson: The sign does not say per axle. Roger Knutson : That' s how they weigh things . IPatrick Blood : If that ' s the case, these trucks are illegal empty. Councilman Johnson: Because that ' s a very important bridge to the City Iof Chanhassen. Patrick Blood : They couldn ' t really limit that to strictly 5 tons I because that is a major highway up through there and I know there are a lot of company semis that go up through there, they have to weigh approximately that much. I Councilman Johnson : As long as it ' s 5 ton per axle we' re okay. I really appreciate the good job they' re doing on, it looks like they' re being very cooperative with the City. I think staff ' s enjoyed working with Iyou. The berming and the nice building and stuff, I 'd like to compliment you on that even though I was giving you a hard time there for a while. IICouncilman Horn : I just had one question . Isn ' t that bridge that we ' re concerned about, the overpass , isn' t that on a section of railroad that will be abandoned? ICouncilman Johnson: It' s the creek bridge. II Barbara Dacy: Yes , that railroad. He's talking about the creek bridge [E7 and the railroad bridge is the railroad that is currently under application for abandonment. 11 City Council Meeti.rk " ? February 8 , 1988 - Page 15 Councilman Horn : So at that point , there would be an option to eliminate that one lane section through there? Barbara Dacy: Yes , there is potential for that expanding. Councilman Horn: Which appears to me to be the biggest traffic problem. It' s hard to justify sight distance problems when you've got a one lane road going through TH 101. That 's really to me critical in this issue, II the fact that that will be able to be corrected . I can ' t believe that 22 trips a day is going to make a huge difference to TH 101 so I have no problem with this request . Councilman Boyt : I would like staff to point out where the 3 foot berming is. I see berm written down here but I 'd like to know how far that extends. Barbara Dacy: From here to here. Councilman Boyt: I gather, from trying to get some feel from the elevation, that this building is fairly well , and the parking area is screened from TH 101? Is it tucked back in there to that extent? Barbara Dacy: Yes sir , that' s correct. The elevation of TH 101 is higher than the floor elevation here and you can see by the contours in 1 here that they are pushing the rear of the buildings into that slope, into the back. By the time you make this curve here, a drive, number one you'd be concentrating on the road but you would really have to look over your shoulder to the left to see this building . 1 Councilman Boyt : How about from the other side, from the south? Barbara Dacy: From the south, you would have more of the vista into the II site. That' s where we noted that the additional evergreen trees will need to be planted. Not only along the TH 212 side but along the TH 101 side as well . There are 8 deciduous trees out there which help somewhat II but the evergreens will help. Councilman Boyt : On that excavation line there to the southwest, is that going to be blocked from view? Barbara Dacy: There is an existing stand of woods here along the creekbed here. To answer your question, you are going to see the site when you approach the driveway here and then you will see another shot of it just because of the openness of the driveway but then you' re going uphill so fast. Councilman Boyt : Coming from the south , about what kind of a distance am I dealing with in terms of being screened off that' s going to affect that view? Barbara Dacy: If you had a tree line here and the rise in the elevation -- of TH 101 here, this probably wouldn' t. . . 1 Councilman Boyt : I guess my related question is not only how long is I II 6'3 City Council Meeting IIFebruary 8, 1988 - Page 16 II that stretch right along TH 101 but is there any reasonable way to [— screen that off and you have said we can put pines in there which is acceptable. What kind of density are we proposing on these pines? I IInoticed they were 6 feet tall , which is a reasonable tree. Barbara Dacy: There is about 100 feet between the center line of the II driveway up to the 780 contour. Even a little bit before that, you' re way beyond seeing that. The landscaping ordinance requires that you have to have opaque screening on a continuous basis on the ratio of 1 I tree for every 40 feet and what we did to calculate that was actually to use the distance of here so we are requiring more than is adequate to be placed along here. IICouncilman Boyt : Did I understand it was 5 or 6 trees? Barbara Dacy: Right. ICouncilman Boyt : On the 3 foot high berm, does that mean that someone walking by, sitting in a car is going to be screened from the parking area on TH 212? IBarbara Dacy: That ' s correct. I Councilman Boyt : Because of the lay of the land , that ' s high enough to be adquately screened. If I understand this correctly, the location [_ you' ve chosen and the way you've landscaped it is , has screened it from II sight from all practical purposes? It certainly is a needed service but it' s a nice one to have screened . I noticed that the only person on the Planning Commission who seemed to be opposed to this was Tim Erhart who lives kind of down in that area and I would expect him to be sensitive I to these sorts of things. The only concern I have remaining, and I think this was also one of Tim' s concerns , was the area that Clark I think also mentioned, that bridge that all of us who have driven through I there know that' s a problem. I was thinking about possibly a way of solving that is if we could establish a right-out/left-in commitment. We wouldn ' t have to alter the roadway at all but just simply approve this basis, that there would be that condition. I would say to them, I even though other trucks go through, at least at this point we' re not adding additional traffic through that. We can still give them access. ICouncilman Johnson : Left-out/right-in . Councilman Boyt: Okay, excuse me. Left-out/right-in. It' s my I understanding that the sprinklering of the building is State controlled so if the building goes over 3 , 000 square feet it has a sprinkler and if it ' s under , it doesn ' t. So I 'm comfortable with that but I would ask that we consider the possibility of controlling the entrance and exit. I Mayor Hamilton : Is there a possibility of having a right-in as Bill was saying? That was my thought too because simply so it would make traffic I going up that hill easier to pass a truck turning into the site. If there was a right-in lane. II Gary Warren : Turn lane? ^I II City Council Meeti.r February 8 , 1988 - Page 17 Mayor Hamilton : Yes . Just a right-in lane into their driveway so that it just makes the traffic flow more easily past that site. Gary Warren : MnDot has the final say on that . ' Mayor Hamilton: I think that' s a good thing to do anytime we have an opportunity to put in right turn lanes in. It just helps traffic a lot. II Actually, even if there was enough right-of-way in that stretch right there to put a left turn lane also so that traffic could go by on the right, I wouldn' t be opposed to that either . Gary Warren : I think you' ll have a problem because of the sharp turn radius there where you can get into some reverse curve problems with somebody coming up and having to really crank hard on the right to get into the other lane. Mayor Hamilton: There' s probably some drainage problems right there too. Gary Warren : We have solve the storm sewer all along there, what we call the TH 101 drainage project, so we do have a collector down the road so we can get the water into it so drainage wouldn ' t that big of a problem. Mayor Hamilton : Those were the only comments I had. I think they've done a nice job in laying it out on the land and if we could get a right turn lane in there, I 'd be satisfied . I 'm not sure that we ought to II restrict your movement to the north. It' s a 9 ton road and I think they have the right to use it. I know the bridge is dangerous and I would like to first, before we restricted them, to attempt to put like a stop sign either on the north side or the south side. Whichever would be best so the traffic has to stop in one direction. Clearly one side has to stop and the other one has the right-of-way. Councilman Boyt: A yield sign maybe. Mayor Hamilton : Whatever would work there. It' s a similar type bridge ' that you have in Eden Prairie by the golf course over there and they put stop signs on there so traffic only flows one direction. The other diretion stops. That would work fine here except in the wintertime when you've got a day like today where it ' s icier than heck and you hate to • have somebody slide into the side of the bridge trying to stop or trying to get up the hill when it' s icy and they stop and can ' t get going again. 1 Gary Warren : I think the advisory signs mentioned earlier would be a good comment. Caution, trucks turning or something of that nature. Councilman Horn : I think we ought to explore too the possibility of widening that spot once that railroad is abandoned. Gary Warren : The Light Rail Transit Corridor may have an impact on that II also. I ii 13:z • City Council Meeting February 8, 1988 - Page 18 Barbara Dacy: They could function at rade though. 9 g ' Patrick Blood : I have two things to say. I 'm sure the City is well aware of the . . . if we put a right hand turn lane in there, it ' s fairly hollow down through the tree area there. It will make it pretty hard to put in a right hand lane to be in there. But to restrict us , and what you' re worried about is traffic control under the bridge, in order to do this, first of all , we don ' t have that many trucks but if you gave us the right to go out like at 6 : 30, that would put us a half an hour before the rush hour and it would limit the traffic that way rather than going into a lot of expense. The earlier you can get up before the traffic , naturally, the safer it will be. That' s a way of making it safer. Mayor Hamilton : I 'm sure that Jay has a legitimate concern but I 'm just not convinced that there ' s a real traffic problem there at 7 : 00 in the morning . There are very few residents in that area either going north or south on TH 101. I don' t think it ' s going to cause traffic congestion at 7 : 00 in the morning on that area of TH 101. Councilman Boyt: What about the evening when they come back? I Mayor Hamilton : I just don ' t see that much traffic down there. I drive that quite a bit and I just don' t see that much traffic. !— Councilman Johnson: That was brought up to a point by Pat Swenson who is a resident down that way that does drive that a lot. Mayor Hamilton : She lives on Lake Riley and it ' s a long ways from ' there. Nancy Lee : In reference to the evening, they are usually in before rush hour traffic because of when they start in the morning, when they come back in the afternoon, they will beat rush hour traffic . Mayor Hamilton: Usually you guys are done by 3: 00 or 4 : 00 in the ' afternoon aren ' t you? Councilman Boyt : Your operation time is from 7 : 00 to 4: 00 roughly? IPatrick Blood : Right in that area with residential. Construction might fast a little longer especially in the summer months . ICouncilman Boyt: You mentioned, I think it was at the Planning Commission, at one point in there I saw something about returning for lunch and at another point no. IPatrick Blood : No, one of the staff had brought that up and the answer is no . Most of the drivers , once they' re out , they' re out for the day. ' They only come to pick up their truck and then they come in and they go home. They don ' t come in for lunch . On a rare occasion they might have to come in and pick up a route sheet or something like that but that' s the extent of it. City Council Meeti.n February 8, 1988 - Page 19 1 Councilman Boyt : You' re suggesting then Tom, you' re comfortable based on being there, that this isn' t a high traffic area and yet when we talk about Canterbury Downs season, this gets to be pretty busy. ' Mayor Hamilton: Even then, I 've made many trips to the track and I 've never run into a problem until you get down to the stop light on TH 212 I and whatever the turn off road is there. I don' t think I 've ever even had one car in front of me sitting at that intersection. There just doesn' t seem to be that much traffic there. Maybe that will change as we continue to grow and we' ll have to keep looking at it. I just haven' t run into a problem. Councilman Boyt : When you have an oncoming car coming at you as you' re going through that bridge, it' s tight. Councilman Horn : You have to stop. It' s a one lane road. I would like to see the City Staff pursue a reasonable way of controlling tha, as you mentioned . If it doesn ' t make sense to restrict their way in and way out, at least let 's do that. Mayor Hamilton : I think even if this wasn' t before us , we should do that. It 's not a good spot. Councilman Horn: I just wanted to respond to something Bill said about II Tim Erhart living in the area and opposing this. If I interpret Tim' s concern, it has nothing to do with this particular development. He has reconsidered his position on contractor ' s yards in general and would vote against any contractor ' s yard that came before that group so I don ' t think it has anything to do with his proximity to this project. It has to do with his feeling about contractor ' s yards in general . As a matter of fact, when this came to the Planning Commission on May 13 , 1987, they unanimously approved the request to include contractor ' s yards as a conditional use permit. Councilman Boyt : In that zoning , business fringe area but not in that specific location. Councilman Horn : Right . But as a concept and it isn ' t being refused because of this specific location, as I read Tim' s minutes this time. It' s being refused because it' s a contractor ' s yard . ' Councilman Boyt: I agree that Tim' s basic position appeared to be one of being against contractor ' s yards in Chanhassen . It was my understanding that he made a few more specific comments about this particular location but I 'm not basing my opinion on his. Simply that I noticed he was the lone person opposed to it. Councilman Horn: Headla also. Barbara Dacy: One of the Planning Commissioners is here this evening . Some of you may not recognize him as Brian Batzli in the white sweater. If you wanted to ask him a question. 11 ICJ. _ City Council Meeting IFebruary 8, 1988 - Page 20 1 I Councilman Horn: I ' ll second the motion but I did have one question about number 6. Is 6 related to area also or is that required of any new? IBarbara Dacy: That ' s required of any building . Mayor Hamilton: Condition 10, have we in the past had this surmountable I concrete curb and gutters in these areas or have we had the removable barrier type things? I think we've had some of each and I just want to consistent as to what we' re requiring here. This is certainly more I expensive than if you have those block things that you put in place but I think we allowed them in the rural area . Barbara Dacy: Because the site is zoned commercial in the business I fringe, the ordinance does require concrete curb. I ' ll yield to the City Engineer as to the type of concrete curb. I Gary Warren : With trucks of this nature , barrier curb really is preferred just because surmountable curb is too easily violated with the larger trucks . ICouncilman Johnson : I think you just said the opposite. Number 10, i___ doesn 't this way we want the surmountable curb and you just said you want the other kind . So is 10 what the engineering staff wants? IGary Warren: I ' ll defer to Larry I guess . I Larry Brown: The concrete curb should be barrier type curb. Specifically B-618 curb. Mayor Hamilton : And not the permanent surmountable. ILarry Brown: That is the permanent barrier curb construction. I Councilman Johnson : I 'd like to modify number 24 list the Minnesota Department of Health for capping of the well rather than just have it listed as an appropriate agency. I just want to point out that capping a well is a very important detail . Some people just run over it with a I bulldozer and forget about it and that leads to some significant ground water pollution. I Mayor Hamilton : I think there are some specific requirements that they need to follow for capping wells and whoever gives those approvals should be, I think rather as a 27th or 28th , Jayy I 'd rather say that as I a separate item. That those regulations are followed in capping all the wells. Mayor Hamilton : I had one additional question on the holding tank. L. I Should there be a schedule maintained so we know when that should be pumped or how often it ' s pumped? I don ' t think we want to get into a situation where it's running over . That' s going to cause some problems 11 so when you've got a holding tank, I guess I 'd feel more comfortable if a City Council Meeti.g February 8 , 1988 - Page 21 1 they had some type of schedule or something so we can go and look at it , and say you haven' t pumped this thing for 6 months. It ought to be getting full about now. Gary Warren : Could that be incorporated in the pumper contract? We' re asking to be supplied with a pumper contract and that just specifies some frequency of pumping . Mayor Hamilton : Something so if you wanted to go down there and look and see if it's being taken care of, you would have something to look at. Councilman Johnson: They' re going to have to get some history before they need to know how often it' s going to be done. , Mayor Hamilton: But I think we should have something to review what ' s going on and inspect it and saying pumping it every month or every 3 months, or whatever it might be. Anything else? Councilman Boyt: Gary, daily clean-up is covered somewhere in here right? I didn ' t see it as a specific condition. Gary Warren: Daily clean-up? Councilman Boyt : During construction. Gary Warren: We don' t have a development contract called for in here. Councilman Boyt : Well , then let ' s add something that would be typical language to the sort of thing we put in other development contracts s since they' re going to be doing a building . Does that meet with general II approval to add a point 29. Councilman Horn : Put it where 5 was . Councilman Boyt: Okay, put it where 5 is . Then on 18, existing structures will be disposed of, I gather we' re talking about any kind of debris in the area as well so existing structures and debris. Barbara Dacy: The intent of the condition was for the barn and the single family home and the garage area. If you want to specify other items on the property, then you should add existing structures and debris. Councilman Boyt : That' s what I 'd like us to add . It would be very ' little more that would need to be cleaned up and they' re going to do it anyway. Mayor Hamilton : That ' s fine . Mayor Hamilton moved , Councilman Horn seconded to approve a Conditional II Use Permit Request #87-18 to operate a contractor 's yard located north of and adjacent to TH 212 and east of and adjacent to TH 101 based on • City Council Meeting February 8, 1988 - Page 22 the site plan stamped "Received December 29 , 1987" and subject to the following conditions : ' 1. Hours of operation shall be from 7 : 00 a .m. to 6: 00 p.m. , Monday through Saturday only (work on Sundays and Holidays not permitted) . ' 2. There shall be no outside speaker system. 3. Any light sources shall be shielded from adjacent public road ' right-of-ways . 4 . A holding tank shall be installed to receive the waste water from the garage area. A copy of the pumper contract shall also be provided prior to issuance of a buliding permit. 5. Daily clean-up the building site debris . 6. The building must -have a heat and smoke detector system with a central dispatch. 7. Lighted exit signs must be installed at all exits . 8. A plan for storage of flammable and/or combustible material must be ' submitted to the Public Safety Office for approval . 9. Emergency lighting must be installed . I10. The driveway and parking lot shall have a permanent barrier B-618 concrete curb and gutter. I 11. The applicant shall submit a landscaping plan indicating installation of 20 six foot evergreen trees between the vehicular use areas and the public right-of-ways . I12. All spetic system sites shall be staked and roped off prior to the commencement of any construction. Any traffic over these sites will require reevaluation of the sites . I13. The applicant shall obtain an access permit from the Minnesota Department of Transportation and shall comply with all conditions of the permit. 14. The approach onto TH 101 shall be a maximum of 0. 5% grade for a ' minimum distance of 50 feet. 15. Catch basins shall be provided at the low point of the driveway along the proper spillways in the parking lot. A revised plan shall be submitted for approval by the City Engineer . 16. Calculations verifying the preservation of the predeveloped runoff 67 ' rate for the site and ponding calculations for a 100-year frequency storm event shall be provided to the City Engineer for approval . City Council Meetir. February 8 , 1988 - Page 23 17. Check dams (Type II Erosion Control) shall be placed at 100 foot intervals along all drainage swales . 18. Existing structures and debris shall be disposed of properly. If debris is to be burned, the applicant shall obtain a burning permit from the Department of Public Safety and the Pollution Control Agency. On-site burial of debris is prohibited . 19 . Additional erosion control shall be placed along the north side of the site. A revised plan shall be submitted for approval by the City Engineer . 20. All erosion control measures shall be in place prior to the ' initiation of any grading and once in place shall remain in place throughout the duration of construction. The developer is required to make periodic reviews of the erosion control and make any necessary repairs promptly. All of the erosion control measures shall remain intact until an established vegetative cover has been produced at which time removal shall be the responsibility of the developer . 21. Wood fiber blankets or equivalent shall be utilized to stabilize all disturbed slopes greater than 3 : 1. I 4_ 22 . Seeding shall be disc-anchored and shall commence no later than two weeks after slopes have been established . 23 . All detention ponds and drainage swales shall be constructed and operational which includes all pertinent storm sewer systems to have the ponds functional prior to any other construction on the project. 24. The applicant shall apply for an dobtai.n permits from the Watershed District, DNR and other appropriate regulatory agencies and comply with their conditions of approval . 25. Any expansion of the building or parking areas or expansion beyond 12 vehicles shall require a conditional use permit review. 26. The site plan shall be revised to shift the building 20 feet to the east. ' 27. Should the subject site be subdivided , the City would look to requiring the necessary right-of-way for a frontage road to make connections to the east . 28 . The applicant shall comply with all regulations set forth by the Minnesota Department of Health and any other appropriate agencies when capping the wells. All voted in favor and motion carried . ' II 3 - a> City Council Meeting I ' February 8 , 1988 - Page 24 1 Mayor Hamilton : I was going to ask you a question Mr . Blood , don ' t you generally, the haulers , don' t you normally, during the summertime or warmer hours , start earlier? Wouldn ' t it be more advantageous to you 1 to start at an earlier time? Patrick Blood : It does help. The earlier you can get out there, I residentially, our company specifies that nobody start at a residential house until 7 : 00 and construction wise, it would be nice if we could get out a little earlier to the construction sites but that' s one of our stipulations . I Mayor Hamilton : I know some haulers and they like to start early in the I summer when it' s really hot so they are finished before it' s really cooking out there. Patrick Blood : I 've been working this for 10 years and a lot of people Idon't like the garbage trucks coming by at 4 : 00 or 5: 00 in the morning . Councilman Horn: How long does it take you to get from your location to your first residence? What' s the longest distance it takes you to get Ito your first stop in the morning? Nancy Lee: We' re in different suburbs different days . We service IChanhassen so that would be close and then we do Bloomington and Edina . Patrick Blood: And Eden Prairie. ICouncilman Horn : The way this is written , if I interpret it right , is you can' t start your operation until 7 : 00 a .m. . That would mean it would take you longer than to get to the first house. IPatrick Blood: Our men actually start at 6 :45 a.m. . They come in and warm up their trucks and pick up their routes or things like that and I that gives them sufficient time. The only two areas that we fail to make real early is like Bloomington and Edina . I Councilman Horn: So 7: 00 is not a problem? Patrick Blood : It' s no problem. IMayor Hamilton moved , Councilman Horn seconded to approve a Wetland Alteration Permit #87-14 to locate a contractor 's yard within the Iwatershed of a Class A wetland subject to the following conditions : 1. Compliance with the standards of Article V, Section 24 (a) (4) . I 2. Compliance with the conditions of approval of Conditional Use Permit Request #87-18 . ki IAll voted in favor and motion carried . Councilman Boyt: Is there anyway we can control oil runoff from the trucks? I City Council Meeting ' February 8 , 1988 - Page 25 1 Larry Brown: One of the things we can do is getting a garage space and putting in flammable trap in there, some sort of tank and leak in oils in the stalls would in fact be washed down to that holding tank. Councilman Boyt: Okay. They' re going to be, as I understand it, parking these vehicles out in the parking lot? ' Barbara Dacy: Yes, some of them will be parked in the lot. Councilman Boyt : And I would think there is going to be a certain amoun II to various oil , grease and what not dripping off those vehicles. I 'm just wondering , is there any reasonable way to control that or do we run that down into Bluff Creek? Mayor Hamilton : Isn' t part of that proposed , it' s going to be in the yard and they are going to be washing off trucks and that' s going to be I going into the holding tank. That' s my understanding on how most of that will be. Most of it is going to be in the yard and as they wash the trucks and clean up, that ' s going to run into their holding tank and then that' s going to be pumped out. Councilman Boyt : I 'm just wondering. We have this in every parking lot and this one happens to be within 200 feet of Bluff Creek so I 'm just • wondering if there ' s anyway to control it off the parking lot . It' s not just their trucks . It' s employee ' s vehicles . If it' s impossible, it' s impossible but if there is some reasonable means . , Councilman Horn: Do you think there will be more there than the cars driving by on TH 101? Councilman Boyt : I understand we need to be practical , I 'm just asking that question. Larry, are you aware of any way of controlling it runhing off the parking lot? ' Larry Brown: Off the parking lot, no . Not to my knowledge. Councilman Johnson: Where will the water off the parking lot go? To the holding basin? Larry Brown: To the sedimentation basin , yes . ' Councilman Johnson: In a submerged outlet that will prevent oils from leaving the basin. Larry Brown: Something we can work out is , through the Watershed approval , they will be requiring some sort of skimmer on the pond outlet ' so that more or less would take care of a great percentage of the oil that might occur or happen into this sedimentation pond. Councilman Johnson : One interesting thing I noticed when I went out there. I never noticed those buildings there. As many times as I 've driven that , I 'm so concentrating on that railroad underpass as you drive up that hill. That big farm. That big red barn, until I went out II City Council Meeting IFebruary 8 , 1988 - Page 26 there and stopped there yesterday, I have never noticed that huge red (- barn sitting there that you drive by. STRATFORD RIDGE SUBDIVISION LOCATED AT 6830 MINNEWASHTA PARKWAY Y ON PROPERTY ZONED RSF, RESIDENTIAL SINGLE FAMILY, ROBERT PIERCE: IA. SUBDIVISION OF 9. 04 ACRES INTO 15 SINGLE FAMILY LOTS . I B. WETLAND ALTERATION PERMIT TO CONSTRUCT A PUBLIC STREET WITHIN A CLASS B WETLAND AND FOR CONSTRUCTION WITHIN 200 FEET OF A CLASS B WETLAND. IC. VARIANCE TO THE RECREATIONAL BEACHLOT ORDINANCE FOR LOT DEPTH AND NUMBER OF BOAT SLIPS. ID. CONDITIONAL USE PERMIT FOR A RECREATIONAL BEACHLOT. I Jo Ann Olsen: The variance has been tabled until February 22nd so the Board of Adjustments can act on it . There was not a quorom for tonight . The first one is for a preliminary plat. It is 15 single family lots in the RSF district . The property will be serviced from, there is an I existing private drive right now on the southern portion of the property which will be improved to a public street and will be served by a cul-de-sac. The applicant is also providing future access to the north I with this cul-de-sac . All the lots have 15 ,000 square feet . The lots along Minnewashta Parkway are double frontage lots and therefore require an additional 10 feet to the lot depth requirement for additional ' landscaping. Since we are in the process of amending the lot depth from 150 to 125, by the time we go through the final plan, that will not be an issue. They are proposing to provide a drainage basin in approximatley this location. Currently it flows to the west and now it I will be coming to the east. The Planning Commission did approve of the subdivision with all of staff ' s conditions . We are recommending approval of the subdivision' s preliminary plat . IMayor Hamilton : Do the applicant' s have any comments? Robert Pierce: Not at this time. ICouncilman Boyt : I gathered from the discussion at the Planning Commission, that all these lots would come in at 15, 000 square feet or ' larger so if there seems to be some small discrepency one place or another in this, that that will be worked out. There' s enough area . The other point I had was , I would think in a period in which we' ve got ' some uncertai.nity about how the trail along Minnewashta Parkway would be laid out , that it would be nice if we could have an easement on both sides until we get the trail located and then abandon whichever easement wasn ' t used . ICouncilman Johnson : It ' s a cliff. 1 , • ,-- Tr::-; Li , _'.b. I i�; I T Y O F .C. DATE: Jan . 20 , 1988 ��' C.C. ::TE: : Fe b. 8 , 1988 N SE 18 CUP I l�'Y • r 87-14 n ,P Prepared by: Dacy/v e STAFF REPORT e PROPOSAL: Conditional Use Permit Request to Operate a e Contractor' s Yard and Wetland Alteration Permit Request for Development Within 200 feet of a II�--- Class A Wetland. Z a 0 LOCATION: North of and adjacent to TH 212 and east of and II adjacent to TH 101 ( 10500 Great Plains Blvd. ) e Cl- APPLICANT: Admiral Waste Management, Inc. Q Patrick Blood and Nancy Lee 8275 Tamarack Trail II Eden Prairie, MN 55344 PRESENT ZONING: BF, Fringe Business District ACREAGE: 13 . 27 acres - 7//J.i" . DENSITY: N/A 2v/�;' e ADJACENT ZONING _q1r/eg AND LAND USE: N- A-2; large lot single family-fesidential e S- A-2; Minnesota. River Valley QE- BF; vacant commercial (proposed cold storage i warehousing) Q W- BF; existing motel units WATER AND SEWER: Municipal water and sewer lines are not II W available to the site. PHYSICAL CHARAC. : The site contains steep slopes adjacent tc II railroad tracks to the north and contains a Class A wetland. 2000 LAND USE PLAN: Agricultural II ` 11 it = •N: E ' (= "' 1 : r "sit N. Dar 111111--11111111, MO ' 11111O 711 MI MN • - IIIIII . IIMI • IIIIIII 11111 1 'FAIL ( '.R.14 4',‹ 9800=0 • .7----) \, • c:::: ‘ ?_.) / s - ‘... ! a cr Qj\' 104 100 A2 �� v 200 ct / , O e I 300 rQ ■ �.. 'Th 4 _ I. -ca ____D _ — 400 _ H;SSE FARM P0 Fir" r - I•AEilIA/� L AA_ .gyp s Fz / 500 sF q. �Doft. �� 9 � V. iii ' S �6 �E le 700 O�''� t .. i R / CE ,-, ' r 1 800 II I" I LAKE fizes 1� NE 900 - S YAR.D — 1000 9 F 1100 A2 • 1200 or,,r--vesrr rr".:1 ?1,,r, .•ITV nC C 4 AKnPFF Blood CUP and WAP January 20 , 1988 Page 2 APPLICABLE REGULATIONS On June 15 , 1987, the City Council approved the ordinance ' amendment to include contractor' s yards as a conditional use in the BF, Business Fringe District. The Planning Commission con- sidered the zoning ordinance amendment application on May 13 , 1987. The applicants have now petitioned for conditional use permit approval to operate a contractor' s yard at the subject site. Article V, Section 24, Wetland Protection Regulations requires g q that development within 200 feet of a Class A wetland must receive a wetland alteration permit. Although no direct altera- tion is proposed to the wetland existing on the property, the development is within the wetland' s watershed. Contractor' s yards are defined by the Zoning Ordinance as "any ' area or use of land where vehicles, equipment, and/or construc- tion materials and supplies commonly used by building, excava- tion, roadway construction, landscaping and similar contractor' s are stored or serviced. A contractor' s yard includes both areas of outdoor storage and areas confined within a completely enclosed building used in conjunction with a contractor' s busi- ness" . REFERRAL AGENCIES City Engineer Attachment #2 Soil Conservation Service Attachment #3 I Resource Engineering ( Septic System Consultant) Attachment #4 I Dr. Rockwell Attachment #5 Public Safety Attachment #6 ' MnDOT Attachment #7 DNR Attachment #8 ANALYSIS ' Requested is conditional use permit approval for operation of a contractor' s yard on 13 acres of property located adjacent to TH 101 and TH 212 . The applicant proposes to store garbage trucks and dumpsters on site and have a small office area for dispatch purposes. Admiral Waste Management serves cities in the south- west area. I 11 ' Blood CUP and WAP January 20 , 1988 Page 3 ' Proposal Proposed is the construction of a 4 ,300 square foot building of which 1 ,300 square feet will be office and 3 ,000 square feet will be the garage area. Included in the proposal is an off-street parking area and storage area for garbage dumpsters . The appli- cant has indicated that there will be two office employees and four vehicles operating from the site (2 pick-up trucks and 2 garbage trucks) . During summer months there will be no storage ' of dumpsters on site. During the winter months , there may be up to 12 dumpsters stored on site. The applicants have indicated that an additional 2 trucks will be added by the end of 1988 . Depending on the growth of the business, the applicants have ' indicated that as many as 12 trucks could be operating from this location. There is no proposed storage of garbage or trash. ' Existing Conditions Existing on site is a barn, single family dwelling, and a garage building. These buildings are proposed to be removed so that the proposed construction can occur. Appropriate demolition permits will need to be obtained and demolition material must be removed from the site. The applicants have indicated that there is an ' existing well underneath the existing home. Appropriate permits from the Public Safety Department will need to be obtained for capping the well. ' The Chicago Northwestern Railroad abuts the site on the north. The southern portion of the site adjacent to TH 212 contains a Class A wetland. The eastern portion of the property shown as Parcel B is currently being used for agricultural purposes . Bluff Creek exists along the western property line between the Brookside Motel and the subject site. The property also contains ' significant stands of mature vegetation. Ordinance Review Article III, Section 2 , requires that applications for con- ditional use permits meet the standards listed in Section 2 and also comply with the standards provided in Article V, Section 9 ' and Section 17 . The application meets items A, C, E, F, G, and H of Article V, Section 9 . Items B and D of the application can be addressed as follows: B . The ordinance requires that the buildings must be set back 100 feet from public or private road right-of-ways . As proposed, the site plan indicates 80 feet from the ' corner of the office to the TH 101 right-of-way line. This problem can be resolved by shifting the proposed building site 20 feet to the east. ' D . The ordinance requires that the outdoor storage areas must be completely screened by 100% opaque fencing or 1 11 • - Blood CUP and WAP January 20 , 1988 Page 4 berming. The applicant has provided a 3 foot berm ' between the vehicular use area and TH 212 . The Landscaping Ordinance (Art. VIII, Sec. 2 ) , requires the addition of one tree per 40 feet between the vehicular use area and public road right-of-ways. Therefore, it is recommended that 15 six foot evergreen trees be planted along the berm extending from the eastern side of the parking area to the western side of the parking area. In addition, 5 six foot evergreen trees should be planted adjacent to TH 101 . There are 8 existing trees beyond that which is indicated on the site plan; however, the ' addition of evergreens will provide year round screening. The proposed location of the building takes advantage of the existing topography of the site as it will be built into the slope along the rear of the property. The building will be completely screened by the railroad and will not be seen by the residences on Vogelsburg Trail. Homes along Lakota Lane are at a significant elevation higher than the subject site. In addition, there is a significant amount of vegetation between these homes and the railroad such that TH 212 cannot be seen. The grade along TH 101 will also screen the use from passing traf- fic. Upon examination of the standards contained in Article III, Section 2 ( 3 ) , the application meets the standards listed in this section. The following will discuss specific issues . Traffic A driveway access was originally proposed from TH 212 through the existing wetland to access the site. MnDOT indicated that access to TH 212 is prohibited as MnDOT purchased access rights several years ago to prevent direct access along this major arterial . MnDOT personnel did visit the site to determine whether or not the TH 101 access would be acceptable. Based on the proposed driveway intersection indicated on the site plan, MnDOT is indi- cating that the access to the site is adequate subject to receiving a MnDOT access permit. Adjacent property owners in the area, in contacting staff ' regarding this public hearing, have asked whether or not the city could investigate reserving right-of-way or encouraging a fron- tage road in this location to eventually connect with the cold storage use located to the east ( this building was approved in early 1986 but has not been built as of yet) . This is an excellent idea which can be implemented when subdivision of the property occurs. The City Attorney has advised that we cannot require exaction/ reservation of a roadway in conjunction with the conditional use permit; however, if the property were to be subdivided, a plat would be required at that time and through the city' s subdivision ordinances right-of-way could be required to r Blood CUP and WAP ' January 20 , 1988 Page 5 ' be dedicated. Construction of a frontage road in this area would also serve the proposed uses by promoting an alternative access other than the TH 101 access . Article VII, Section 1, requires that parking areas within busi- ness districts be paved and lined with concrete curb. Proposed on the site plan is parking spaces of 6 spaces directly in front of the proposed office building. This amount meets the require- ments of Article VII, however, when additional trucks or employees are added, the parking area indicated directly opposite ' the garage area would need to be used for parking of those vehicles . ' Given MnDOT' s review and comments, access to the site is adequate for the operation of the proposed use. Because no other access is possible at this time from TH 212 , the property must receive some type of access and the access at TH 101 is feasible. ' Utilities ' The applicant conducted soil borings on the site for two drain- field sites as required by Ordinance 10-B . The City' s septic system consultants reviewed the soil borings and determined that standard septic systems with trenches can be installed to ade- quately handle the domestic waste from the bathrooms in the pro- posed building. The consultants noted, however, that a holding tank should be installed to collect the car and truck washing ' wastes rather than usage by the septic treatment system. The holding tank would need to be pumped on a regular basis . The applicant should provide the city with the copy of the pumper' s contract to ensure that the tank is being pumped on a regular basis . Because the city adopted Appendix E of the Uniform Building Code ' which requires sprinklering of all commercial buildings, the applicants will need to install a well system which will provide for sprinklering of the proposed building. The building is also proposed to be constructed of concrete block. RECOMMENDATION - Conditional Use Permit ' Planning staff recommends the Planning Commission adopt the following motion: "The Planning Commission recommends approval of Conditional Use Permit Request 87-18 to operate a contractor' s yard located north of and adjacent to TH 212 and east of and adjacent to TH 101 ' based on the site plan stamped "Received December 29 , 1987" , and subject to the following conditions : 1 . Hours of operation shall be from 7 : 00 a .m. to 6 :00 p.m. , Monday through Saturday only (work on Sundays and holidays not permitted) . 1 Blood CUP and WAP January 20 , 1988 Page 6 2 . There shall be no outside speaker systems . 3 . Any light sources shall be shielded from adjacent public road right-of-ways. 4 . A holding tank shall be installed to receive the waste water from the garage area. A copy of the pumper contract shall also be provided prior to issuance of a building permit. 5 . The building must be sprinklered. ' 6 . The building must have a heat and smoke detector system with a central dispatch. ' 7 . Lighted exit signs must be installed at all exits. 8 . A plan for storage of flammable and/or combustible material ' must be submitted to the Public Safety Office for approval. 9 . Emergency lighting must be installed. ' 10. The driveway and parking lot shall have surmountable concrete curb and gutter. 11. The applicant shall submit a landscaping plan indicating installation of 20 six foot evergreen trees between the vehicular use areas and the public right-of-ways . ' 12. All septic system sites shall be staked and roped off prior to the commencement of any construction. Any traffic over these sites will require reevaluation of the sites . 13. The applicant shall obtain an access permit from the Minnesota Department of Transportation and shall comply with all conditions of the permit. 14. The approach onto Trunk Highway 101 shall be a maximum of 0 .5% grade for a minimum distance of 50 feet. 15. Catch basins shall be provided at the low point of the drive- way along with proper spillways in the parking lot. A revised plan shall be submitted for approval by the City Engineer. 16 . Calculations verifying the preservation of the predeveloped ' runoff rate for the site and ponding calculations for a 100-year frequency storm event shall be provided to the City Engineer for approval. ' 17. Check dams ( Type II Erosion Control) shall be placed at 100-foot intervals along all drainage swales. 1 1 I Blood CUP and WAP January 20 , 1988 Page 7 18 . Existing structures shall be disposed of properly. If debris is to be burned, the applicant shall obtain a burning permit from the Department of Public Safety and the Pollution Control Agency. On-site burial of debris is prohibited. ' 19. Additional erosion control shall be placed along the north side of the site. A revised plan shall be submitted for approval by the City Engineer. 20 . All erosion control measures shall be in place prior to the initiation of any grading and once in place shall remain in place throughout the duration of construction. The developer ' is required to make periodic reviews of the erosion control and make any necessary repairs promptly. All of the erosion control measures shall remain intact until an established ' vegetative cover has been produced at which time removal shall be the responsibility of the developer. ' 21. Wood fiber blankets or equivalent shall be utilized to stabi- lize all disturbed slopes greater than 3 :1. 22 . Seeding shall be disc-anchored and shall commence no later ' than two weeks after slopes have been established. 23 . All detention ponds and drainage swales shall be constructed ' and operational which includes all pertinent storm sewer systems to have the ponds functional prior to any other construction on the project. ' 24 . The applicant shall apply for and obtain permits from the watershed district, DNR and other appropriate regulatory agencies and comply with their conditions of approval. ' 25. Any expansion of the building or parking areas or expansion beyond 12 vehicles shall require a conditional use permit review. 26 . The site plan shall be revised to show the building 100 feet from TH 101. ' PLANNING COMMISSION ACTION The Planning Commission recommended approval of the conditional use permit subject to staff' s recommendations plus the following modifications to the conditions: ' 4 . A holding tank shall be installed to receive the waste water from the garage area. The holding tank shall be pumped as necessary and the applicant shall be required to Keep a current copy of their pumper contract on file with the City. 1 Blood CUP and WAP January 20 , 1988 Page 8 25 . Any expansion of the building or parking areas or expansion I beyond 12 vehicles used in the business shall require a con- ditional use permit. 26 . The site plan shall be revised to shift the building 20 feet to the east. 27 . Should the subject site be subdivided, the city would look to requiring the necessary right-of-way for a frontage road to make connections to the east. Headla and Erhart were opposed to the motion ( see attached minutes) . - STAFF UPDATE ' The Planning Commission directed staff to investigate potential access options to the east of the subject property. Staff will be meeting with the adjacent property owner and MnDOT staff in order to provide the City Council information on this matter. Unfortunately, it was unable to be included with the packet, however, a verbal presentation will be made Monday evening. CITY COUNCIL ACTION It is recommended that the City Council approve the conditional use permit request based on the Planning Commission' s recommen- dation and subject to the site plan stamped "Received January 21 , 1988 . " WETLAND ALTERATION PERMIT , A wetland alteration permit request was processed because the pro- posal was within 200 feet of a Class A wetland. The wetland extends from Bluff Creek along the west property line to almost the entire length of the subject property. There is to be no direct alteration to the wetland, however, the runoff from the proposed building and parking area is eventually directed toward the wetland. The proposed drainage plan for the site promotes runoff running along swale areas which eventually lead into small deten- tion basins . The berms will also prevent direct runoff from the parking areas into the wetland. The parking area and buildings meet the 75 foot structure setback. The septic system locations also meet the 150 foot setback requirement. A minimal increase in runoff will traverse through the wetland. The detention basin must be sized to accommodate the 100 year storm event. Erosion control is indicated along the limits of the grading activity to prevent silt and other debris to enter the wetland. The Engineering Department' s conditions of approval are incor- porated into the conditional use permit approval. Approval of the wetland alteration permit should be conditioned upon the con- ditions of the conditional use permit request. ' T Blood CUP and WAP ' January 20 , 1988 Page 9 RECOMMENDATION - Wetland Alteration Permit ' Planning staff recommends the Planning Commission adopt the following motion: ' "The Planning Commission recommends Wetland Alteration Permit #87-14 to locate a contractor' s yard within the watershed of a Class A wetland be approved subject to the site plan stamped "Received December 29 , 1987" and subject to the following con- ditions : 1 . Compliance with the standards of Article V, Section 24 (a) ( 4 ) . 2 . Compliance with the conditions of approval of Conditional Use Permit Request 87-18 . " ' PLANNING COMMISSION ACTION The Planning Commission recommended approval of the wetland alteration permit request based on staff' s recommendations . Erhart was opposed to the motion. ' CITY COUNCIL ACTION It is recommended that the City Council approve the wetland ' alteration permit request based on the Planning Commission' s recommendation and the site plan stamped "Received January 21 , 1988. " ' ATTACHMENTS 1 . Detailed location map. ' 2 . Memo from Larry Brown dated January 15 , 1988 . 3 . Letter from Soil Conservation Service dated January 5 , 1988 . 4 . Letter from Resource Engineering dated December 30 , 1987 . ' 5 . Letter from Dr. Rockwell dated October 27 , 1987 . 6 . Memo from Steve Madden dated November 30 , 1987 . 7 . Letter from MnDOT dated January 15 , 1988 . 8 . Letter from DNR dated January 8 , 1988 . 9 . Wetlands map. 10 . Flood plain map. 11. Aerial photo of site. ' 12 . Map showing distances between contractor' s yards . 13 . Excerpts from Zoning Ordinance. 14 . Planning Commission minutes dated May 13 , 1987 . 15 . City Council minutes dated June 15 , 1987 . 16 . Application. 17 . Planning Commission minutes dated January 20 , 1988 . 18 . Site plan stamped "Received January 21 , 1988 . " 1 4 U --0 1 , o mm --,, 1 c) - - ^r'' 1 7 1 i I ir, t...S e igs '� yD 4 t ,�� • 1 low • if - '. O , '. •"'tr. ' , ; I . : • _. . ,„.,,,,_ , MX f , . ...••• . . . . . . ,. .. ._ , 0 % ,... ...... . (.., _, ,,‘. , •. 1 • P I •..... -0-' - 0 ` o Tc, \, 0 1 v � _ _ G i I CITY Y 0 F ,.,, ... I 1 AHA ! Ek , .. . . t. AL 1 , C if' 1:: ANHASSEN ,_ ,e-, 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 �, (612) 937-1900 MEMORANDUM ITO: Planning Commission FROM: Larry Brown, Assistant City Engineer eA ' IDATE: January 14 , 1988 SUBJ: Admiral Waste Management Site Plan Review I Planning File No. 87-18CUP I The site is located near the intersection of Trunk Highway 101 and State Highway 169/212 . The subject parcel, Parcel A, is comprised of an abandoned farmyard with steep side slopes on the 1 north property boundary and a flat low-lying wetland to the south. Sanitary Sewer IMunicipal sanitary sewer service is not available to the site. On-site septic systems have been proposed on the east side of I Parcel A. Each septic site should be staked and roped off prior to the commencement of any construction. Water ^ Municipal water service is not available to the site. Therefore, on-site sources will have to be developed. IDriveway/Parking I The typical driveway and parking section as shown on the plan conforms to the City standards for parking areas . Since the site is zoned BF, the details should be revised to include concrete curb and gutter to comply with the zoning ordinance. IThe proposed access onto Trunk Highway 101 meets the required site distances . The applicant will be required to obtain an I access permit from the Minnesota Department of Transportation. No access will be allowed onto Highway 169/212 . I Planning Commission January 14 , 1988 Page 2 Drainage The requirement of the curb and gutter for the parking lot/driveway area will necessitate the addition of catch basins at the low point in the driveway, and a spillway at the southeast corner of the parking lot. The applicant has provided for two ponding areas to help reduce sediments in the runoff. The applicant' s engineer shall provide the City with ponding calculations verifying adequate capacity for a 100-year frequency storm event, as well as maintaining the predeveloped runoff rate. Grading and Erosion Control The proposed grading plan will require the demolition of three ' existing structures . The material from the structures shall either be trucked off site or burned. If the latter option is elected, a burning permit will be required from the Department of Public Safety and the Pollution Control Agency. The plans also propose to remove a large portion of the trees on the east side of the site. The plans adequately address erosion control for the south side of the site. Due to the severe slopes on the north side of the property, the Soil Conversation Service has recommended that a drainage diversion be placed along the north side of the site to reduce erosion (refer to attachment 2 ) . To further aid in ero- sion control, seeding should be disc-anchored and placed no later than two weeks after grading has been completed. Recommended Conditions ' 1 . All septic system sites shall be staked and roped off prior to the commencement of any construction. Any traffic over these sites will require reevaluation of the sites . 2 . The applicant shall obtain an access permit from the Minnesota Department of Transportation and shall comply with all conditions of the permit. 3 . The approach onto Trunk Highway 101 shall be a maximum of 0 . 5% grade for a minimum distance of 50 feet. 4 . The driveway and parking lot shall have surmountable concrete curb and gutter. 5 . Catch basins shall be provided at the low point of the drive- way along with proper spillways in the parking lot. A revised plan shall be submitted for approval by the City Engineer. 1 k Planning Commission January 14 , 1988 Page 3 6 . Calculations verifying the preservation of the predeveloped runoff rate for the site and ponding calculations for a 100-year frequency storm event shall be provided to the City Engineer for approval. ' 7 . Check dams (Type II Erosion Control) shall be placed at 100-foot intervals along all drainage swales . ' 8 . Existing structures shall be disposed of properly. If debris is to be burned, the applicant shall obtain a burning permit from the Department of Public Safety and the Pollution ' Control Agency. On-site burial of debris is prohibited. 9 . Additional erosion control shall be placed along the north side of the site. A revised plan shall be submitted for approval by the City Engineer. 10 . All erosion control measures shall be in place prior to the initiation of any grading and once in place shall remain in place throughout the duration of construction. The developer is required to make periodic reviews of the erosion control and make any necessary repairs promptly. All of the erosion control measures shall remain intact until an established vegetative cover has been produced at which time removal shall oe the responsibility of the developer. 11 . Wood fiber blankets or equivalent shall be utilized to stabi- lize all disturbed slopes greater than 3 :1. 12 . Seeding shall be disc-anchored and shall commence no later than two weeks after slopes have been established. ' 13 . All detention ponds and drainage swales shall be constructed and operational which includes all pertinent storm sewer systems to have the ponds functional prior to any other construction on the project. 14 . The applicant shall apply for and obtain permits from the ' watershed district, DNR and other appropriate regulatory agencies and comply with their conditions of approval. ' 15 . Working hours shall be between the hours of 7 : 00 a.m. to 6 :00 p.m. with no work allowed on Sundays or holidays . Attachments : 1 . Location Map 2 . Letter from the Soil Conservation Service 3 . Plans cc: Gary Warren, City Engineer I C I ill k c� -;� United States i Soil 219 East tr rontage Road _�. Department of Conservation Waconia, Minnesota 55387 II. Agriculture Service II Subject' CUP #87-18, WAP #87-14 Date January 5, 1988 II To• Barb Dacy, City Planner File code II City of Chanhassen 690 Coulter Drive, P.O. Box 147 Chanhassen, MN 55317 I Attached pi sse find a soil map sheet showing the approximate plat II boundaries. Single sheet soil descriptions are also included. Be sure to revic3w these materials. This information is for general planning materials only; for site specific questions consult a qualified soils engineer. 1 The principle source of potential soil related difficulty is apparently slope. The general development approach seems correct. Revegetating disturbed areas will be critical and should be done at the earliest II opportunity. Recommendations are as follows: 1. A temporary diversion along the entire upper slope above the grading site may prove very helpful in reducing gully damage to newly graded II slopes and channels on the site. 2. The cut slope on the northwest corner and the channel on the east II side will be the most difficult areas to re-establish into vegetation. Storm water runoff velocities for the design storm should not exceed II 4.5 fps or vegetation will be very difficult to establish. Cut slopes and fill slopes should not exceed 3:1. 3. The plan calls for putting the hay bales 6" below grade. The average II size bale tends to be about 18" x 18" on the end. Does 1 ft. above grade give adequate sediment entrapment capacity? 4. Seeded areas should be mulched with an anchored mulch. Sod should be I staked on sodded areas. Please call with yo - qu tions. I CITY Of CHANHASSEN RED:7IwT ' 17 , i;/W L3/ tanle Wendland JAN 6 "�� Distr ct Conservationist II CHANHASSEN PLANNING DEPT. Enc. II OThe Soil Conservation Service t l O 6 Lis an agency of the ,b,� F i United States Department of Agriculture +s., -_5 RESOURCE ENGINEErrING E Roger E Marhnieter. PE James L. Anderson. C PS S ' 29665 Neal Avenue Lindstrom, MN 55045 3541 Ensign Avenue. North New Hope. MN 55427 (612) 257-2019 (612) 593-5338 1 December 30, 1987 JoAnn Olsen , Assistant Planner ' City of Chanhassen Box 147 Chanhassen, MN 55317 Re: Planning Case 87-18 CUP; Admiral Sanitation Dear JoAnn: ' This letter is in regard to the conditional use permit request from Admiral Sanitation which involves the installation of an onsite sewage treatment system for both toilet and truck wash wastes . From the information provided to us by a site map, soil ' boring logs , and percolation test data, the proposed sites appear suitable for the installation of an onsite sewage treatment system for domestic wastes . The daily sewage flow is estimated at 450 gallons per day. This should be an adequate estimate for a full bathroom in the office and one-half bath in the shop area unless there is excessive use ' of these facilities . The number of users of these facilities were not stated. It is also proposed that the wash and rinse water from a pressure truck washer be introduced into the sewage treatment system. We strongly recommend that this should not be allowed , and that all car or truck washing wastes ' should be collected in a holding tank and hauled from the site to be treated in a facility that can handle such wastes . The reason for this recommendation is that when trucks or cars are washed or are in a service bay, there is likely to be used engine oil , hydraulic fluid and other petroleum-based products containing hazardous wastes introduced into the drainage system. These materials will not be filtered or removed by the soil , and if they flow ' into. a subsurface soil treatment system, they will percolate downward with the water through the soil and be a potential hazard for groundwater contamination . Many petroleum products contain PCB ' s and other toxic chemicals , which must be handled and treated in a manner that will prevent their introduction to the environment. AN 'St; SPECIALISTS IN ONSITE SEWAGE TREATMENT 1 In addition to the service bay drainage and petroleum 11 products, it is likely that during the winter, road chemicals will be washed from vehicles and introduced to the drainage system. If these are discharged into a subsurface absorption system, the soil will not adequately treat these water soluble chemicals and they will also move downward with the percolating water and be introduced to the groundwater. 1 To minimize the amount of liquid wastes generated by a car and truck washer and to minimize the amount that will need to be hauled from the site, an option that could be investigated is a water recycling system which we understand is used at some commercial car washes . Sincerely, -)L & 1_ 1 ames L. Anderson, C.P.S .S . RESOURCE ENGINEERING JLA/j jm 1 1 1 1 1 1 1 1 1 1 I ViL . , `1 V r CITY OF CHANHASSEN I WETLAND EVALUATION WORKSHEET REFERRAL AGENCY COMMENTS 1 ' COMMENTS /Lt._ �,eQ�� j� i j c , o t -z•-o_Pn..r„r J°.z_ /L O 0�livi /ice a �1 0� a„,..:„..„ l2//�2C✓G(_.C� CJ�/ ^�iL 1 1 ' RECOMMENDATION c,--,o ? o/jt �., C '° T . � °Lc✓� Ct/i-t_o- err rt—� Z` / l�i.) . s.. it CY l�— i1--t/3"7i7 ( I f'�O,. 1 / ^/2 vt. -ol�✓i/L. �,_ vf� /2 t �t vt DATE OF INSPECTION //,� 2- /e SIGNATURE C o.-G.-�-�- � 1 1 � i - CITYOF .ANBAs 1 .% 1/ t . ‘ L,\ 1/4 1 40:-;1-' ' �i 1 4. 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 II �� (612) 937-1900 1 MEMORANDUM TO: Barbara Dacy, City Planner 1 FROM: Steve Madden, Fire Inspector A DATE: November 30 , 1987 II SUBJ: Admiral Sanitation Plans 1 Upon review of the plans for Admiral Sanitation, the following II must be included: 1 . A fire lane must be installed around each building. This 1 roadway must be 20 feet in width and have an all weather sur- face (Ord. 62-A, Section 10 . 207 ) . 2 . This building must be sprinkled (Ord. 82 ) . 1 3 . This building must have a heat and smoke detector system with a central dispatch (Ord. 62-A, 10. 301) . II 4 . Lighted exit signs must be installed at all exits (Ord. 62-A, Life Safety Code 5-10 ) . 5 . A plan for storage of flammable and/or combustible material 1 must be submitted to our office for approval. 6 . Emergency lighting must be installed (Ord. 62-A, Life Safety 1 Code 5-9 ) . The items are required to insure early detection and suppression. II 1/15/88 Update: Condition #1 is recommended to be removed since 1 the topography of the site prohibits such an access drive. Because of the small size of the building and the fact that it is being sprinklered outweighs the need for an access drive. II II -,-_6 I I A". 004E504 Minnesota D° . t yo Department of Transportation i f- . _ ,a District 5 * 2055 No. Lilac Drive h y,.OF TRPaf" Golden Valley, Minnesota 55422 II January 15, 1988 (612)593. 8403 Ms. Barbara Dacy, City Planner City of cAW/v*-. s -, 1 690 Coulter Drive, P.O. Box 147 Chanhassen, MN 55317 IIRe: S.P. 1013/1009 - TH.212/101 - Plat Review of Admiral Sanitation located in the NE I Quadrant of T.H.212 & T.H. 101 in City of Chanhassen, Carver County Dear Ms. Dacy: We are in receipt of the above referenced plat for our review in accordance with Minnesota Statutes 505.02 and 505.03 Plats and Surveys. We find the II plat acceptable for further development with consideration of the following comments: - Mn/DOT owns access control along the south boundary of this plat and I therefore no access to T.H. 212 gill be granted. Note T.H. 212 is labeled as "Highway No. 16:3" on the plat. II - The proposed access to T.H. 101 will requiie a permit and specific design details for the entrance can be worked out ;,hen applieat on is ,wade for the permit. The entrance as proposed on the plat dated Dec. 29, 1937. appears to be acceptable. -, e. to suggest that the approach I grae,e to .H. 101 be designed a. flit as possible and 30' radii Le used off of T.H. 101. II - In the past, there has i eeu severe groundwater problems to the east of this area which has caused some roadt,av icing problems. Therefore, it is suo ested that the development not he allowed to impact they existing II wetland area. If you have any questions ill reg.trd to this review, please contact Evan Green IIat 593-8537. Thank you Jr 'our (2naperat:ion in this ;matter. Sine. /40000, M. Crawfoid. / '.E. District Engineer IIcc: Steve Keefe - Metropolitan Council Roger Gustafson - Carver Count} JAN 15 1988 ICITY OF CHANHASSEN I An Equal Opportunity Employer _-_-/_- 7 To ! ., mil► 0 `r r ,y i From ittLA 6ye C.1-4-Poi `ID k) 2__ 1 Subject Le Q M 1 C -AC W A-S1 M P,---NJ A< �f∎-t Et■1T- 1 _No 0110,010 �A E ■ 6 ..d ' II"S EN T1 0 • —I N tf (-0 ► S r — f.I : N-12-.o L. 0 t A • ....f, 11.E Al No Poo & I Date 1 — 8 -65 Signed .b �' I 1 CITY OF CHANHASSEN ,IAN " 21.1111 I e,o�o�o N OHANHASSF NING-DEPT. Date Signed GR048S n yi-1' i—=c't,;l4 WHITE COPT. RETURN FIJt COP FORM 44-902 3-PART C1983•PRINTED IN U.S.A. I I I I I I 4 ' t I r N J24 " $ ,,,)/..., t)2f.--1, ,--,,, f /.(7 -:--.7:5-•C . al(4', ,.1' 0-....:' )•,, ',arit,,\12, ,.._,/, jp.,-\.:..j J 1 7/..i.a5. 4 a^ 24 i 1 5 ' .2 . ...t .,,,:it n A.s. . \* .... 'IV 1(. •‘,4r4,, i ; ■.,i 'S --.A. 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L _. — /),7 --- ■ , IP) • • Re . ea, .� I. , .._, u• • 7 •........ p r;<.r i i i d t l d 1 I I i i I ! f i ' , II I I 11 I itImCfem #- UK o Offices I .hall ht 3 Equipment rental 7 Retail chops each lot. 4 Screened outdoor stores__e_ mired to R Miniature golf 5 Major auto repair arI v shops main are- 9 State licensed day care center 3 5-13.5 Lot Requirements and Seta The following minimum requirements rpou any 10. Car wash shall be observed in a"BG"Listrict subject to additional requirements, 11 Convenience store with or without gas pumps exceptions and modifications set forth in this Ordinance. I camping. 12. Personal service establishment 1 Minimum Lot Area: 20,000 square feet. 13. Liquor stores 2. Minimum Lot Frontage: 100 feet(except lots fronting on a culde- f riser- 14 Health services sac shall have a minimum 60 foot frontage in all districts). o three (3) 15 Utility services 3 Minimum Lot Depth. 150 feet. Ia recrea• 16.Shopping center 4. Maximum lot coverage: 70%. eser.the 17. Pnaate clubs and lodges 5. Setbacks. Off-street parking areas shall comply with all yard re- cc(3)sail 18 Community center quirements of this section,except that no rear yard parking setback 19 Funeral homes shall be required for lots directly abutting railroad trackage;and, :tors•ud 5-11.3 The following are permitted accessory uses its a "BH" district q y g ' ion any no side yard shall be required when adjoining commercial uses 1. Signs establish joint off-street parking facilities, as provided in Section cttfically 1 P 8 P I olioil _. Parking lots 7-1-7,except that no parking areas shall be permitted in any required Kstortal 5-II 4 The following are conditional uses in a "Bll"district side street side yard. Minimum rear yard shall be 50 feet for lots pcTmts,t- I Outdoor display of merchandise for sale directly abutting any Residential District.Side street side yards shall 2. Supermarkets be a minimum of 25 feet. • 3. Small vehicle sales I lot unless B. Front yard:25 feet. 4. Screened outdoor storage as at least B. Rear yard: 25 feet. rested on 5-1 r-5 Lot Requirements and Setbacks.The following minimum regdirements C. Side yard: 10 feet. ntage.In shall be observed in a"BI-1"District subject to additional requirements, 6. Maximum Height: first dock exceptions and modifications set forth in this Ordinance. A. Principal Structure:three stories/40 feet ash addi• 1. Minimum District Area in Acres:ten(10).(May be waived by con- • . shall be ditional user permit if expansion of existing district.) SECTION 14. •BF" FRINGE BUSINESS DISTRICT 2. Minimum Lot Area: 20,000 square feet. 5-14-1 INTENT. Accommodate limited commercial uses without urban in width, 3. Minimum Lot Frontage:100 feet(except lots fronting on a cul-de- services. following sac shall have a minimum 60 foot frontage in all districts). 5-14-2 The folowing are conditional uses in a "BF"district: sight-line 4. Minimum Lot Depth: 150 feet. 1. Automotive service station without car washes Ifeet.The 5. Setbacks. Off-street parking areas shall comply with all yard re- 2. Truck/Trailer rental or"L. quirements of this Section,except that no rear yard parking setback 3. Utility services of length shall be required for lots directly abutting railroad trackage;and, 4. Outdoor display of merchandise for sale any such no side yard shall be required when adjoining commercial uses 5. Cold storage and warehousing 5) feet in establish joint off-street parking facilities,as provided in Section 14-3 The following are permitted accessory uses in a"BF"district: 7-1-7,except that no parking areas shall be permitted in any required 1. Parking lots provid- side street side yard.Minimum rear yard shall be 50 feet for lots 2. Signs I Lakeshore directly abutting any Residential District.Side street side yards shall _14-4 Lot Requirements and Setbacks.The following minimum requirements back zone be a minimum of 25 feet. shall be observed in a"BF"District subject to additional requirements, mon dock A. Front yard.25 feet. exceptions and modifications set forth in this Ordinance. Iock B. Rear yard:20 feet. I. Minimum Lot Area:20,000 square feet. e C. Side yard: 10 feet. - 2. Minimum Lot Frontage: 100 feet(except lots fronting on a culde- reational 6. Maximum Lot Coverage:65% sac shall have a minimum 60 foot frontage in all districts). stage. No 7. Maximum Height: 3. Minimum Lot Depth: 150 feet. A. Principal Structure:two stories every 200 B. Accessory Structure:one story. 4. Maximum Lot Coverage: 40%. 5. Setbacks. Off-street parking areas shall comply with all yard re- hich have SECTION 12. "CBD"CENTRAL BUSINESS DISTRICT quirements of this Section,except that no rear yard parking setback :lot,shall 5-12-1 INTENT.Downtown business development supporting a strong central shall be required for lots directly abutting railroad trackage;and, _he recrea- business district while enhancing the overall character of the communi- no side yard shall be required when adjoining commercial uses - ty in conformance with downtown redevelopment plan, goals and establish joint off-street parking facilities,as provided in Section Ina'beach objectives. 7-1-7,except that no parking areas shall be permitted in any required ,ance may 5-12-2 The following uses are permitted in a"CBD"district: side street side yard.Minimum rear yard shall be 50 feet for lots wimming 1. Bowling center directly abutting any Residential District.Side street side yards shall conform 2. Retail shops be a minimum of 25 feet in all districts. 3. Offices A. Front yard:25 feet. lured both 4. Standard restaurants ' - B. Rear yard:20 feet. hundred S. Liquor stores C. Side yard: 10 feet. - rk,of not 6. Entertainment 6. Maximum Height: •.rhich has 7. Convention and conference facilities A. Principal Structure:one story ch lot ac- 8. Financial institutions `" Accessory Structure:one sto . •lainit under 9. Health care facilities SECTION 15. "01"OFFI • s s INSTITUTIONAL DISTRICT esidential 10.-Hotels 5-15-1 INTENT. Public or quasi-public nonprofit uses and professional, 11.Specialty retail (including but not limited to jewelry, book, sea- business and administrative offices. h•where tionery,bible,camera,pets,arts and crafts,sporting goods) 5-15-2 The following uses are ser/occu- 12.Supermarkets B permitted in an"01"district: nom right 13.State licensed day care center as 1. Schools y part of shopping center 2. Churches 14.Personal service establishments 3. Public buildings lacks,and 15.Shopping center 4. Post office 'roved by 16.Health and recreation clubs 5. Fire station 17. Fast food restaurants as part of shopping center 6. Library st 18. Utility services 7. Museum 8. Health services/hospitals - Isr arterial 19. Personal services 'z 20.Apparel sales 9. Nursing homes rill not be 21. Bars and taverns 10.Community center 22.Clubs and lodges 1 1. Public recreational facilities I acres of " 23.Convenience stores without gas pumps 12.Utility services 24.Cultural facilities 13. Professional,business,and administrative offices s 25. Department stores 14. Funeral homes • 26. Home furnishings 5-15-3 The following are permitted accessory uses in an"0I"district: de family 27.Newspaper offices 1. Parking lots _ 28. Multiple family dwellings,including senior citizen housing 2. Signs 29. Print shops 5-15.4 The following are conditional uses in the"01"district: Icl service 30.Community center 1. Adaptive reuse of vacant public or private school buildings for 31. Hardware goods private business uses. 5-12-3 The following are permitted accessory uses in a"CBD"district: 5-1S-5 Lot Requirements and Setbacks.The following minimum requirements I. Parking lots and ramps shall be observed in a"01"District subject to additional requirements, I 2. Signs exceptions and modifications set forth in this Ordinance. 5-17x4 The following are conditional uses in a"CBD"district: I. Minimum Lot Area: 15,000 square feet. 1. Temporary outdoor display of merchandise for sale 2. Minimum Lot Frontage:75 feet(except lots fronting on a al-de- 2. Freestanding fast food restaurants sac shall have a minimum 60 foot frontage). 3. Farmer's Market 3. Minimum Lot Depth: 150 feet. I 4. Convenience store with gas pumps 4. Maximum lot coverage:659s 5-12-5 Lot Requirements and Setbacks.The following minimum requirements 5. Setbacks. Off-street parking areas shall comply with all yard re- shall be observed eta"CBD"District subject to additional requirements, quirements of this Section,except that no rear yard parking setback exceptions and modifications set forth in this Ordinance. shall be required for lots directly abutting railroad trackage;and, 13 • .at lots fronting on acufde-sac shall • 2. Swragc building •�•�:� 'ding s tback line;. 3 Swimming •? -,.i. I r Ion j c.•;::�'I tr•i.ler, icon, ree reanonid h 4. Tennis coin erected maintained or snored upo i. _ C No boat, leader, motor vehicle, lido 5 Home cars.trucks,motorcycles,motorized n 6. One d occupations hide or snowmobile shall be dery 7. One dock t. 5-8.4 The following are conditional uses in an "R-12"district: recreational beach lot. 1. Health care facilities D No recreational beach lot shall be E. Boat launches are prohibited. 2. Day care center stories/40 feet. 3. Boarding houses F No recreational beach lot shall be use stories/40 feet. 4. Group home serving from seven to sixteen persons night storage or overnight moor t a: 5. Recreational beach lots motorized or non-motorized wale f 6. Temporary real estate office and model home tional beach lot is allowed more t 7. Churches allowed number of boats may be cluste 5-8-5 Lot Requirements and Setbacks.The following minimum requirements boat moorings steall also be allowed.Cz Y RESIDENTIAL DISTRICT shall be observed in an "R-I2" District subject to additional re- boatas,and small sail boats may i al subdivisions. quirements,exceptions and modifications set forth in this Ordinance. recreational beach lot it they are e in an"RSF"district: -1• Lot area:7,500 square feet per dwelling for two-family dwellings; designed for that purpose.No mo : 3,600 square feet per dwelling unit for townhouses and multi-family allowed Per dock tvo more than six w x dwellings on a rack Doctrine of other watercraft< r for twelve or fewer children 2. Lot Frontage:50 feet per dwelling unit for two-family dwellings(ex- ble at any time other than overni :ruing six or fewer persons cent that lots fronting on a cul-de-sac shall be 50 feet in width at G. No dock shall be permiued on anyc it has at least 200 feet of lake from and model home the building setback line for two-family dwellings); a 100 foot depth.No more than c 150 feet for townhouses and multiple family projects. sorry uses in an"RSF"district: 3. Lot Depth: 155 feet. a recreational beach lot for every 200 f addition.30,000 square feet of land is re 4. Maximum Lot Coverage: 35% and an additional 20,000 square fe S. Setbacks: tional dock,No more than three( c A. Front yard:25 feet. erected on a recreational beach l B. Rear yard:25 feet. - H. No recreational beach lot dock shall eat, C. Side yard: 10 feet. _ and no such dock shall exceed the gr 6. Maximum Height: lengths: (a)fifty (50) feet or, (b) A. Principal Structure:three stories/40 feet. distance necessary to reach a wate B. Accessory Structure:one story/15 feet. width(but not the length)o es in an"RSF"district; g } f the a t SECTION 9. STANDARDS FOR CONDITIONAL USES IN shaped dock shall be•included in ovisions of the horse ordinance AGRICULTURAL AND RESIDENTIAL DISTRICTS described in the preceding sentence.Th 5-9-1 In addition to the standards required by 3-2-3,the following standards dock shall not measure in excess t nimum lot size of five acres. shall apply to the conditional uses listed below: length. The following minimum requirements I. Bed and Breakfast Establishment I. No dock shall encroach upon any k District subject to additional re- A. Two(2)off-street parking spaces plus one(1)additional space ed,however, that the owners of • fications set forth in this Ordinance. per rental room must be provided; sites may erect one common dock withir B. There shall be no more than one employee in addition to the appurtenant to the abutting lakesho si that lots fronting on a cul-de-sac shall residents; is the only dock on the two lakeshot ilding setback line). C. Establishment must be owner occupied, wise conforms with the provisio D. There shall be 5 or less rooms for rent;and J. No sail boat mooring shall be pe tt U structures and paved surfaces:25%. E. The rooms shall not be rented for more than 7 consecutive days beach lot unless it has at least 200 fec to the same person(s). more than one sail boat mooring shall t 2. Group Homes for 7-16 Persons feet of lake frontage. A. The structure must be in compliance with the state licensing K. At least eighty percent(80%)of th - - requirement; appurtenant rights of access to any r • • B. The structure must be in compliance with local building and be located within at least one thousand •e stories/40 feet. " fire codes; tional beach lot. ee stories/40 feet. C. The site will be reviewed annually through a public hearing pro- L. All recreational beach lots,inclu '-NSITY RESIDENTIAL DISTRICT cess;and lots established prior to the effectiv t hed residential development at a max- D. Septic systems must be in compliance with Ordinance No.10B, be used for swimming beach pu ig units per acre. Individual Sewage Treatment Systems. areas are clearly delineated with marke I in an"R-4"district: 3. Commercial Kennels,Stables and Riding Academies to United States Coast Guard standa: A. The structure must be in compliance with Horse Ordinance No. M. Each recreational beach lot shall 56; at the ordinary high water mark I open space •- B. The site must be located on a collector street;and (100)feet landward from the ordi MCI'persons C. The structure must be a minimum of 200 feet from wetland less than four(4)lineal feet for each t r for twelve or fewer children area. „.~ 4 appurtenant rights of access to the re. [actor's Yard truing to the owners or oavpan t Ind model home ive acre minimum lot size; applicable rules of the homeow essory uses in an"R-4"district: All storage and yard areas as well as buildings must be set back housing developers. 00 feet from public or private road right-of-ways and 500 feet N. Overnight docking,mooring,and stors rom an adjacent single family residence; allowed,is restricted to watercraft owl - he site must be located along a collector or minor arterial as pant or renter/occupant of homes cl dentified in the comprehensive plan; of access to the recreational bees • ' -- ll outdoor storage areas must be completely screened by 100% O. The placement of docks,buoys,d' g - - paque fencing or berming; other structures shall be indicated on: - - - •- - • o two contractor's yards shall be located within one mile of the City Council. es in an"R-4"district:- ' ach other;• -. • '`•• 13.Electrical substations subject to the f Hours of operation shall be from 7 o'clock a.m,to 6 o'clock A. The substation must be served by .m.,Monday through Saturday only(work on Sundays and street as designated in the Comp. olidays not permitted); B. The substation will not have sanitary I ight sources shall be shielded;and used for habitation. The following minimum requirements o outside speaker cyst C. The substantion will be located rict subject to additional requirements, 5. Commercial Communication Transmission Tower �' property forth in this Ordinance. ' A. Transmission towers not designed to collapse progressively shall D. A six (6)foot high security fen r Detached single-family dwelling unit; be set back from all property lines a minimum distance equal E. A landscaping plan be submitted or alt for two-family dwellings. to the height of the tower. F. Substations shall be a minimum of 50( ;k-family dwelling;50 feet per dwell- 6. Wholesale Nursery residences. nets(except that lots fronting on a cul- A. The site must be on a collector street or minor arterial as iden- SECTION 10. "BN" NEIGHBORHOOD BU at the building setback lines for single- tified in the comprehensive plan; 5-10.1 INTENT. Limited low intensity neigh h for two-family dwellings. B. Five acre minimum lot size; establishments to meet daily needs of rest en G. All storage and yard areas as well as bulildings must be set back 5-10.2 The following uses are permitted in a"BN" 1 structures and paved surfaces:30%. 1170 feet from public or private road right-of-ways and 500 feet I. Convenience stores without gas pum from an adjacent single family residence; 2. Neighborhood oriented retail shops - - D. The site must be located along a collector or minor arterial as 3. Self-service laundries identified in the comprehensive plan; 4. Dry cleaning and laundry pickup sonar. • E. All outdoor storage areas must be completely screened by 100% J S. Day care center opaque fencing or berming; 6. Personal service establishments e stories/40 feet. F. Hours of operation shall be from 7 o'clock a.m,to 6 o'clock 7. Professional offices e story/1S feet. p.m.,Monday through Saturday only(work on Sundays and 8. Small appliance and shoe repair sh A DENSITY RESIDENTIAL , - holidays not permitted); 9. Health services 10.Veterinary clinics • I owners shall be determined by the Zoning Administrator from !cuing an arp of five t5)acres or less,notice of the hearing shall be "• """•'"" ecords provided by the applicant. mailed at least ten(10)days hetore the date of hearing to each owner than fifty pen 3; Decisions of the Board The Boards n of property within the area sed to be changed and owners of pro- A degree m fom powered to decide P P appeals and grant variances only whe, ,cision of the Board perty situated wholly or pi within five hundred(500)feet of the degree may e is by a unanimous vote, property to which the arnehament relates. The failure of a property vided that rs owner to receive notice as damage and m I A simple majority vote or split vote by the Board shall serve only specified herein shall not invalidate the public a single-famil as a recommendation to the City Council,who shall then make the hearing or the amendment proceeding.Where appropriate,notice shall final determination on the appeal or variance request within thirty also be given to affected homeowner's associations. 3-5-7 Normal Main (30)days after receipt of the Board's action. If a development is proposed adjacent to a lake or will affect the usage s Permitted' The Board shall act upon all appeals of the lake,the applicant shall provide the City a of 3-5-8 Issued Permit Po ppeals and variance requests within pp rovid th Ci p y with list f ro property y plans,constru: fifteen(15)days after the date of the close of the required hearing. owners abutting the lake at the time of appliction.The City shall pro- ' 4. Appeal from Decisions of the Board.An vide mailed notice to the lake homeowners as in compliance with the a building per y person or persons,ag- disance,building per grieved by any decision of the Board,including the applicant or any procedures above.The applicant is responsible for meeting with affected homeowners, according to s person owning property or residing within five hundred(500)feet the date of iss of the property to which a variance application relates,may appeal 3-3-4 Commission Action. Following conclusion of the public hearing held 3-5-9 Status of Va such decision to the City Council by filing an appeal with the Zon- by the Planning Commission,the Commission shall report its findings I ing Administrator within ten(10)days after the date of the Board's and recommendations on the proposed amendment to the Council.If Developments decision.The procedure governing no report of recommendation is transmitted b the Planning Commis- development f P B B appeals to the Board shall also by g the use or sirs govern appeals to the City Council. and within sixty(60)days following referral of the amendment to the 5. Council Action. By majority vote, the City Council'may reverse, Commission, the Council may take action on the amendment without deemed allow( affirm or modify,wholly or partly,the decision a awaiting such recommendation. ed as a Condit _ ve a appealed from the 3-3-5 Council Action.Following Planning not received a Board,and to that end the City Council shall have all the powers B g Commission•consideration or to if they me ing of the Board.The Council shall decide all appeals thirty( ) the expiration of its review period,the Council may adopt the amend- of thin 30 y P days after the date of the required hearing thereon. meat or any part thereof in such form as it deems advisable,reject the SECTION 6. SITE' amendment, or refer it to the Planning Commission for further 3-6-1 Approval Reg 6. Denial.Variances may be denied by the Board and the Council,and such denial shall constitute a finding and determination that the con- consideration, mendation of t I ditions required for approval do not exist. SECTION 4, BUILDING PERMITS,CERTIFICATES OF OCCUPANCY, plan applicatio 7. Action Without Decision.If no decision is transmitted by the Board FEES ly districts and to the City Council within sixty(60)days from the date of an cep- 34'1 Building Permits, sion of a build peal or variance request is filed with the Zoning Administrator,the 1. No person shall erect, construct, alter, enlarge, repair, move or of use,includii Council may take action on the request,in accordance with the pro- remove,any building or structure or part thereof without first secur- quire site plan I cedures governing the Board,without further awaiting the Board's ing a building permit. 3-6-2 Exceptions. T decision. 2. An application for a building permit shall be made to the City on a form furnished by the City.All building permit applications shall approval: 1. Constructit SECTION 2. CONDITIONAL USE PERMITS be accompanied by a site plan drawn to scale showing the dimen- tial buildin 3-2-1 Purpose.Conditional uses include those uses which are not usually allow- / us sions of the lot to be built upon and the size and location of any 2. Enlargemes I be ed within the zoning district,but which may under some circumstances existing structures and the building to be erected,off-street parking floor area, suitable.The applicant shall have the burden of proof that the use is suitable and that the standards set forth in this Section have been met- and loading facilities and such other information as may be deem- ed necessary by the City to determine compliance with this and other vided that 3. Changes in 3-2-2 Application,Public Hearing,Notice and Procedure.The application, land use ordinances.No building permit shall be issued for activity change doe public hearing,public notice and procedure requirements for conditional in conflict with the provisions of this Ordinance.The City shall issue result in an use permits shall be the same as those for amendments as provided in a building permit only after determining that the application and 3-6-3 Application.A Article III,Section 3 except that the permit shall be issued on the af- firmative vote of a majority of the enure Council. Although specific Building Code and other applicable law and ordinances. weeks in advan submissions required to complete an application for a conditional use 3. If the work described in any building permit is not begun within to be considers permit may vary with the specific use and the district in which it is ninety (90) days or substantially completed within one (1) year 1. Evidence o. located,all applications for such permits must include at minimum a following the date of the issuance thereof,said permit may become 2. The applict I site plan that clearly illustrates the following:proposed land use building 3. Complete s: mapping and functions,circulation and parking areas,planting areas sion of documented evidence. Written notice thereof shall be landscape and treatment, void at the discretion of the Zoning Administrator upon submis- estment,sign locations and type,basic lighting concerns,the isles- transmitted by the City to permit holder, stating that activity following: tionship of the proposed project to neighboring uses,environmental im- authorized by the expired permit shall cease unless and until a new A. GENE pacts and demand for Municipal services. building permit has been obtained. 1) Na 1 3-2-3 Standards.The Planning Commission shall recommend a conditional 3-4-2 Certificates of Occupancy. 2) Na use permit and the Council shall issue such conditional use permits only 1. In accordance with the Uniform Building Code,a certificate of oc- en} if it finds that such use at the proposed location: cupancy shall be obtained before:(i)any nonagricultural building, 3) Le 1. Will not be detrimental to or endanger the public health,safety,corn- except an accessory building,hereafter erected or structurally altered 4) Da fort,convenience or general welfare of the neighborhood or the City. is occupied or used;and(ii)the use of any existing nonagricultural she I 2. Will be consistent with the objectives of the City's Comprehensive Plan and this Ordinance. building,except an accessory building, is changed. 2. Application for a certificate of occupancy shall be made to the City me 3. Will be designed,constructed,operated and maintained so to be as part of the application for a building permit.A certificate of oc- 5) Vic nest compatible in appearance with the existing or intended character of cupancy shall be issued by the City following completion of the 6) De the general vicinity and will not change the essential character of building permit activity and a determination that the building and tar that area. its proposed use complies with this Ordinance and the provisions cy 4. Will not be hazardous or disturbing to existing or planned neighbor- of any permit issued pursuant hereto.To the extent practicable a 7) Exi ing uses. certificate shall be issued within ten(10)days after the completion 8) Tat 5. Will be served adequately by essential public facilities and services, of a building permit activity.The City may issue a temporary cer- a) including streets, police and fire protection, drainage structures, tificate of occupancy for a period not to exceed six(6)months when b) I refuse disposal,water and sewer systems and schools;or will be serv- ed adequately by such facilities and services provided by the per- occupancy shall also constitute a building code certificate as required d) sons or agencies responsible for the establishment of the proposed by Minnesota Statutes 16.851. e) use• 3-4-3 Fees.Fees and charges for processing applications shall be established f) 6. Will not create excessive requirements for public facilities and ser- by resolution of the Council. _ 8) I vices and will not be detrimental to the economic welfare of the 3-4-4 Grading and Erosion Control. community. 1. Whenever deemed necessary, a satisfactory erosion control and h) 7. Will not involve uses,activities,processes,materials,equipment and grading plan must be approved by the City Engineer before a i) conditions of operation that will be detrimental to any persons,pro- building permit is issued for construction.Said plan is to address perty or the general welfare because of excessive production of traf- on-site grading activities as well as protection of adjacent slopes, j) I fic,noise, smoke, fumes,glare,odors, rodents,or trash. streets, lakes, ponds, drainageways, wetlands, and developed 8. Will have vehicular approaches m the property which do not create property. B. SITE P traffic congestion or interfere with traffic on surrounding public 2. A satisfactory grading and erosion control plan shall provide spot 1) Pro „cs thoroughfares. elevations of proposed grades in relation to existing grades on the Pos' 9. Will not result in the destruction,loss or damage of solar access, subject property and adjacent land.Areas where the finished slope bets I • natural, scenic or historic features of major significance. will be steeper than five(5)units horizontal to one(1)vertical shall elcv 10. Will be aesthetically compatible with the area. be specifically noted.Also,locations of erosion control(staked hay 2) Gra 11. Will not depreciate surrounding property values. bales or reinforced silt fence)shall be clearly labeled. feat ' 12. Will meet the standards prescribed for certain uses as provided in 3. Every effort shall be made to minimize disturbance of existing •prof V,Section 5-9 and 5-17, ground cover.No grading or filling shall be permitted within forty watt ' - 3-2-4 Conditions,In reviewing applications for conditional rmits,the (40)feet of horizontal distance to the ordinary high water mark of 3) All 1Planning Commission and the Council may atta reasonable condi- a water body unless specifically approved by the City. Also, to ing ;'t� . lions to mitigate anticipated adverse impacts associated with these uses, minimize the erosion potential of exposed areas, restoration of of-v. :, +•.-_r to protect the value of other property within the district,and to achieve ground cover shall be provided as quickly as possible after comple- istin -• the goals and objectives of the Comprehensive Plan.Such conditions tion of the grading operation. and may include, but are not limited to, the following: , 4. Every effort shall be made during the building permit application 4) Veh. ' 1. Controlling the number,area,bulk,height and location of such uses. process to determine the full extent of erosion control required. sion: 2. Regulating ingress and egress to the property and the proposed struc- However,the City Engineer shall be empowered to require additional xrvi turn thereon with particular reference to vehicle and pedestrian safe- controls to correct specific site related problems as normal inspec- (if m< 1 k, Planning Commission Meeting ' May 13 , 1987 - Page 14 Erhart moved, Siegel seconded that the Planning Commission recommend that telephone equipment buildings be regulated as a conditional use with the following conditions : 1. The site must provide landscaping as required in Article VIII, Landscaping and Tree Removal Regulations. 2. The driveway surface shall be surfaced with a hard, all-weather, dust free, durable surfacing material and concrete curb. 3. The applicant shall receive access permit from the regulating ' party. 4. The building shall meet all setbacks of the district in which it is " located. 5. The building exterior shall be architecturally consistent with the surrounding neighborhood. All voted in favor except Wildermuth and motion carried . Wildermuth: I don't think it really has to come before the Planning Commission and go through the public hearing process or go before the City Council . I think it ' s an essential use and should be a permitted use . ' Conrad: We're assuming that these equipment buildings have no cables coming overhead. They are all buried at this time? Bob Docken: They ' re buried . ZONING ORDINANCE AMENDMENT TO AMEND ARTICLE V, SECTION 14, BUSINESS FRINGE DISTRICT TO ALLOW CONTRACTOR'S YARDS AS A CONDITIONAL USE, PATRICK AND NANCY ' BLOOD. Barbara Dacy presented the Staff Report on this Zoning Ordinance Amendment . Patrick Blood: I would like to just say one thing. We're pretty new at this and we would like to have that spot for the simple reason that contractor's yards have a habit of having sore eyes. Junkyards and stuff like this. We don't intend to do that with that piece of property. We realize that's sort of a gateway and a leaving area for Chanhassen and Chaska and Shakopee being right there in that corner so we do intend to make II it nice. Everything inside storage or landscaping to reduce any sight that might be distasteful to anybody. Emmings moved, Siegel seconded to close public hearing. All voted in favor and motion carried. W-/ ' i . . - ilf Planning Commission Meeting May 13 , 1987 - Page 15 IHeadla: On the recommendation, the previous one, didn't we spell out explicitedly there was no vehicle repair? I Dacy: You mean on the previous conditional use permit for a contractor's yard? Headla: Yes. We were concerned about that. We felt that that shouldn't allow vehicle repair . IDacy: I don ' t recall that specific conditional use. Headla: I am concerned about the certain terms of vehicle repair and I would like to see something in our recommendation about that. Conrad: Do you associate that with this particular request? You're concerned with the fringe business district in general , not this particular . . . II Headla: For this particular type of operation, I think just the nature of it is suspectible to breakdowns and I'm concerned that we don't all of a 1 sudden start a major repair for vehicles in that area . Siegel: We allow service stations already in that area so you can't I restrict somebody else from making repairs to a vehicle when you have a business allowed in there that is exclusively doing that. I Headla : I'm concerned about repairs like that. If they do on continuously, I think we ought to put a condition about that. Siegel : I'm just making the point that we already allow these service Istations in this district . Headla: Who was notified of this? Were adjacent landowners? The people up on the hill , were they notified? Dacy: They would be notified if we had a specific application. After this I is approved, the applicant will have to file a site plan and go through the conditional use permit process then people within 500 feet of the property will be notified of that. IHeadla : So it will come back in here? Okay. Wildermuth: I don't have any problem with including the contractor's lots in the business fringe. ISiegel : I have nothing to add . I Emmings: I don't have any questions. I agree with the Staff's recommendations . 1 Erhart: Is that storage area that's screened 100%, that doesn't request Y '• 3 Planning Commission Meeting ' May 13 , 1987 - Page 16 anybody though in the area that they're using during the day to do the repairs and back and forth with the trucks coming and going, there's nothing that really requires landscaping . Dacy: In our past applications we have requested them to outline what is a storage area and we have required a landscaping plan along with that. Erhart : You don ' t think you need to have that in there? Dacy: No. Erhart: Okay, then the only comment is, I think for the benefit of the applicant and the City getting abused, where you are proposing to put this and probably use the TH 101 bridge under the railroad tracks. I'm not trying to mold what you're trying to do along TH 101 bridge. The TH 101 bridge is our problem but the City needs to recognize that this is a growing area. Are you planning on driving the trucks under the bridge? ' Patrick Blood: Only if it's acceptable. The only thing that might restrict it, as far as I know, might be the weight restrictions on that particular road . Nancy Blood : We will consider a majority of the time using TH 212. The only time we might use TH 101 is when Canterbury Downs has it completely blocked off. Otherwise , TH 212 is better for us . Patrick Blood: We have been considering that we might be able to talk to the DOT and get access off of TH 212 . Now we haven ' t proceeded that far . Erhart: Other than that , my only comment is that we have to get a trail easement along there . ' Conrad : I don ' t have any comments . I think it ' s a good staff report . Siegel moved, Wildermuth seconded that the Planning Commission recommend ' approval of Zoning Ordinance Amendment Request #87-2 to amend Article V, Section 14 (2) to include contractor's yards as a conditional use subject to the standards established in Article V, Section 9 (4) . All voted in favor 11 and motion carried. CONDITIONAL USE PERMIT FOR A RECREATIONAL BEACHLOT ON PROPERTY ZONED A-2, AGRICULTURE ESTATES AND LOCATED AT THE NORTHEAST CORNER OF TH 101 AND CR 14 (PIONEER TRAIL) , GEORGE NELSON. — — — 1 Jo Ann Olsen presented the Staff Report on this item. Wayne Tauer : I guess all I want to point out is just some minor differences that might be. The siltation basin as it exists on that particular plan right there is not necessarily an open area. Basically that whole area is fairly heavily wooded. I think our intent is to site that as best we can by i' > City Council Meeting - June 15, 1987 IIbe a nice amenity. That we're not just looking at making a dry spot. Joel Cooper: Can I address your question about the wetland? My name is Joel 1 Cooper from Pioneer Engineering. The intent is we're going to open up, the surface area is going to be exactly the same to what's there now. Presently that wetland is not full of water. What we're going to do is we're going to I go in and open it up so there can be some open water in there which will be super for wildlife nests or something similar to that. Barring dry weather like this it should be wet. I Pat Swenson: Would there be any advantage Gary in putting a collar around the lake area during construction? IMayor Hamilton: That's already in there. Councilman Johnson: That's number 4, floating siltation fence. IICouncilman Johnson moved, Mayor Hamilton seconded to approve the Lake Riley Woods plans and specifications with conditions 1 through 8 from the City Engineer's memo with the following amendment to condition number 9: I9. The developer shall incorporate a revised Grading and Erosion Control Plan incorporating conditions 1 through 8 above and approved by the I City Engineer as a part of the construction documents. II All voted in favor and motion carried. II CONSENT AGENDA: ZONING ORDINANCE AMENDMENT ESTABLISHING CONDITIONS FOR RECREATIONAL BEACHLOTS IN AGRICULTURAL DISTRICTS, FINAL READING. 1 Councilman Boyt: In our Minutes from the last meeting the ordinance as it was typed was different from what we stated in our Minutes and I would simply like to make the two compatible and I think the difference was roughly along the II lines that when a rural beachlot came under a urban designation that it would be considered under those standards. Clark worded it a little better than that but that's the intent. That's my only comment. II Councilman Boyt moved, Mayor Hamilton seconded to correct the Zoning Ordinance Amendment Establishing Conditions for Recreational Beachlots in Agricultural Districts to accurately follow as stated in the Minutes of the City Council IImeeting June 1, 1987. All voted in favor and motion carried. Councilman Boyt moved, Mayor Hamilton seconded to approve the Zoning Ordinance I Amendment Establishing Conditions for Recreational Beachlots in Agricultural Districts, Final Reading. All voted in favor and motion carried. �t ZONING ORDINANCE AMENDMENT TO ALLOW CONTRACTOR'S YARDS AS CONDITIONAL USES IN I #i' ' THE BUSINESS FRINGE DISTRICT, PATRICK BLOOD AND NANCY LEE. I [-- Barbara Dacy: The Council directed Staff to notify surroudning property owners. That was done. Some property owners may be here tonight. II 16 .lam - X61 •City Council Meeting - June 15, 1987 Mayor Hamilton: Is there anyone here from the public wishing to speak on the Zoning Ordinance Amendment request to allow a contractor's yard as a Conditional Use in the BF, Business Fringe District and specifically a request by Patrick and Nancy Blood? Anyone wishing to speak on this? No one. Okay, they were duly notified and there is no one here. Councilman Johnson: The only modification I was speaking about last time was on water and waste water. Trying to assure that we don't have within this district is only rural without sewer so we want to make sure we don't have large truck washing with washing the interior of the trucks or any other type of contractor usage that has a large water flow that is not appropriate for septic systems. I'm trying to figure out how we would say that. • Mayor Hamilton: In watching another operation in the BF, that one that's down on Merrill's property, they wash their trucks but they are actually more concerned with washing the motor and just the outside. I never saw them wash the inside. They just want to get the dirt off. Councilman Horn: They don't go into any septic system with that anyway do they? Mayor Hamilton: No, it just runs in the ground. Barbara Dacy: If I can respond to what you want to control. Under Article III, Section 2(5), one of the conditions under the review powers of the Council is that the use will be served adequately by essential public facilities and services including streets, police, fire, etc. or will be served adequately by such facilities and services provided by the person or agencies responsible for the establishment of the proposed use. So it specifically says water and sewer systems so that also could be incorporated into the conditional use. Councilman Johnson: Okay, so we've got it covered by other sections. Mayor Hamilton: What's our normal review period? A year? I Barbara Dacy: The Council can require an annual review period for a Conditional Use Permit. ' Mayor Hamilton: I would make in this case, unless it's something that's new, make it one condition on my motion that it be reviewed in a years time. Barbara Dacy: Okay, so you're saying anytime you have a contractor's yard in the BF District, you want it reviewed on an annual basis? Mayor Hamilton: I'm sorry, I guess I was thinking more of a specific use. II I'm jumping ahead of myself. Mayor Hamilton moved, Councilman Geving seconded to approve the Zoning ' Ordinance Amendment to allow Contractor's yards as a Conditional Use in the Business Fringe District. All voted in favor and motion carried. 17 1 y t .a I LAND DEVELOPMENT APPLICATION CITY OF CHANHASSEN 69Q Coulter Drive 1 I Chanhassen, MN 55317 (612) 937-1900 �y� PP-: rr- 1 City of Chanhassen Land Development Application tPage 2 FILING INSTRUCTIONS : II This application must be completed in full and be typewritten or II clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions . Before filing this application, you should confer with the City Planner to determine the specific ordinance amend procedural requirements II applicable to your application. IIFILING CERTIFICATION: The undersigned representative of the applicant hereby certifies II that he is familiar with the procedural requirements of all applicable City Ordinances . Signed By I_ Date II The undersigned hereby certifies that the applicant has been The authorized to make this application for the property herein described . I Signed Bye 1 � Date 0 ner __‘...411,42a II cD1 .. ,---o 1 /tqa}.„,' /7;_ z__. 7; Li i ,c,:etr(4A,, 1 1 ,,, !,,,i ,,--u . -=-'0-- ai---> (----0-9-k-i---ii Date Application Received ` t Application Fee Paid j IIi t 2 1 City Receipt No. ' J � * This- Application will be considered by the Planning Commission/ I Board of Adjustments and--Appeals at their meeting . II• II • Planning Commission Meeting January 20, 1988 - Page 19 Conrad: I don ' t think we ' ll make it that way. ' Kevin Winchell : It looks like having just one driveway is going to be the most reasonable thing to me. You can ' t go private off the back and you can ' t go to the street. Dacy: The motion from the Commission failed and staff will work with the applicant between now and the Council meeting to see if there are other alternatives available. ' Conrad: We 've never had this situation where we had this . Dacy: It did happen once before at TH 7 and TH 41 three years ago. Olsen: In the staff update, I usually pass on any comments . ' Conrad : I think from Robert ' s Rules of Order , we can carry this forth to City Council . We've conducted the public hearing . The Planning Commission didn ' t really have a motion on it . There was no one ' consensus . Dacy: The motion to deny failed . ' Conrad: But that doesn ' t automatically say it was approved . ' Jay Johnson : Move to send it to the City Council without a recommendation . Conrad: That ' s a good idea , thanks . 1 Batzli moved , Emmings seconded that the Planning Commission sends no recommendation on Subdivision #88-1. All voted in favor and motion ' carried . Conrad: I do believe that our comments were pretty clear in terms of I don ' t think we need to repeat why we voted as we did unless somebody feels real opinionated . Dave, do you want to put a footnote in on this to save the tree? ' Headla: The tree is mandatory. It ' s one of the top 30 trees . Ellie Schwaba: We always wanted the tree. Headla : I can see why you want it . We ' ve got to get to some other people to realize the trees got to stay there. ' NANCY LEE AND PATRICK BLOOD , PROPERTY LOCATED ON THE NORTH SIDE OF TH 212 AND EAST SIDE OF TH 101 , ZONED BF, FRINGE BUSINESS DISTRICT: ' A. CONDITIONAL USE PERMIT FOR A CONTRACTOR' S YARD ON 13 ACRES . B . WETLAND ALTERATION PERMIT TO CONSTRUCT A DRIVEWAY THROUGH A 1 CLASS A WETLAND . Public Present: Planning Commission Meeting January 20, 1988 - Page 20 Nancy Lee Applicant Patrick Blood Applicant Jim Sellerude 730 Vogelsberg Road Art Partridge 6280 Hummingbird Road Barbara Dacy presented the Staff Report on the Conditional Use Permit and Wetland Alteration Permit. Patrick Blood: Just one thing I 'd like to bring up. A lot of people II think contractor ' s yards and garbage trucks and stuff like this . I do want to make one simple point . Our company is tending to go to the smaller garbage trucks for customers with road restrictions and stuff like this so a majority of our trucks will be not more than 1 1/2 to 2 II ton trucks with a 6 yard packers . . . Jim Sellerude, 730 Vogelsberg Trail: I live at this location here and II I don ' t have any problems with garbage trucks in our neighborhood, they come through all the time so I don ' t have any concern about that . My thought is that as the business fringe area , that you designated this , it seems an appropriate time to take a look at the frontage issues along here . The State says right now you can ' t have access here because they purchased this . My question to staff initially was , if this application be granted , to enter on the TH 212 over here somewhere. Right now we' re getting a proliferation of an increased densities of uses on here. The present routing of traffic on here, there 's a no stop , access all along here and I think we ' re getting individual cars pulling out along here and it ' s becoming more hazardous . The State doesn ' t seem to be taking a lead on it . I think as a business fringe development, this really should he oriented to TH 212 and I understand they don ' t want it coming on off the triangle but I think all these uses should be collected somewhere in here and have a more limited access . I know you ' re just looking at one part . It seems to have an easy solution to come off here but if you keep dealing with individual parcels , as they have conditional use applications , you ' re never going to look at the problem, the overall problem. I think the Planning Commisison is the right place to begin that discussion . This is just going to be an emorphous development and this is one the gateways to Chanhassen . What do you want it to look like? How do you want that traffic handled? As TH 212 comes through to the north, you ' re going to have more traffic coming off of TH 101 and I don ' t know when we ' ll have an intersection with TH 212 but this sort of has a residential character on TH 101 right now. But as uses continue to increase, maybe it ' s 20 years off but there will probably be a light rail transit station at this point . If the County picks up the line someday in the future , this is a key point where traffic is coming together. I think it 's an important time to take a look all of that access issue and I think these people could be directed , I think their original intent on the application was to come across here and it seems that it ' s an appropriate way to go. In terms of MnDot giving their approval for an access over here, they' ll give approval anywhere. They pass it off to the City. They say, if you give a permit , they ' re forced to give a permit . They gave a permit for access over here. If someone was oing to develop this land and it ' s an outlot right now that I own with another party, and the MnDot said they 'd give access there and they said they'd give an access here 1 F- Mr ' Planning Commission Meeting III January 20 , 1988 - Page 21 Ifor this lot . Because MnDot has some access requirements , think that ' s . . . As an interim solution , I think access could dbe ' t I granted here for a period of years but I don ' t know if that ' s a legal way of operating but permit access here that expires after a certain period of years and then direct a solution over this way. But not looking at your ordinance to see how you ' re able to deal with the I issue but I think this piecemeal fashion , you ' re never really going to take a look at this entrance to your city here. People are coming into Chanhassen for all sorts of reasons and here this is known as a Inotorious entrance to the City. Conrad: You have some good comments . Mark, when you looked at the TH I 169 corridor, as we are looking at that, those types of concerns the gentleman brought up, do you feel they should be pursued in our study or do they feel because we ' re trying to dee:nphasize this area that they not be pursued? IMark Koegler: He brought up a couple good comments . First r your second statement in terms of deemphasizingthearea , that all , on II strictly is the approach the Comp Plan is taking because that 's what in essence the Metropolitan Council is going to be looking for. The document as a whole will not be expressing the issue of expanding I business fringe operations . Whether contractor ' s yards is necessarily jeopardizing that or not . We believe it ' s a level of low enough intensity but in general the thinking is not to make that area more intensive. Kind of stepping on your first comment , the Comprehensive I Plan and even these corridor studies are general information. Particularly the plan the corridor studies does is we bring it down to a higher level of detail . . . It ' s more looking at a little more detail I and access issues . If you don ' t desire that much detail , it certainly would be appropriate to handle it verbally. Just a policy type statement . How do you think we should handle that , might be a better approach. IIHeadla moved , Emmings seconded to close public favor and motion carried. hearing. All voted in IHeadla : How many people did you say were going to be here? Work here, two? IDacy: Yes . I Headla : I was under the impression that you stated two. Was that correct or not? Nancy Lee: That would be people in the office. IHeadla : I see you ' ve got a private office, waiting room, reception room, office area , lunch room. It sounds like it 's going to be a lot Imore than two people. Nancy Lee: That would be in the office. The drivers would check in the morning , get their truck routes and then check in in the evening Iwith their trucks. Headla: How many would occupy the building? You 've got what , 4 ,000 Planning Commission Meeting ' January 20, 1988 - Page 22 square foot building? Nancy Lee: 3 ,500. ' Headla : And how many people would be there permanent in the building? Nancy Lee: Presently it ' s between 1 and 1 1/2 . You' re talking full time personnel , it 's between 1 and 1/2 right now. There 's always somebody in the office. Headla : It seems like a big building. You ' ve got concrete walls , lunchroom and everything and only two people. It just doesn ' t seem consistent . I 'm looking at this , this is a business fringe place. It seems to meet all the requirements but if someone was to take the same plan and the same promise and put it up somewhere on TH 5 or TH 101, why can ' t they go for a variance and get the same thing a ? I don ' t know if I 'm for or against it yet but that 's the kindvof• thing and I want to hear your questions just to see how you look at it. Batzli : They don ' t need a variance for a contractor ' s yard. Headla : What 's the definition of a contractor ' s yard? Dacy: A contractor ' s yard is a use or an area where there is construction equipment stored on the site on an overnight basis or other type of contractor ' s equipment stored either within the building or outside of the building . That you have continuous overnight storage. People come to the site, as in this case, the employees come to the site. They pick up the driver of the garbage truck comes and parks his car, he gets into his truck , he leaves the site, he does operations off site, comes back at the end of the day and drops off the truck, gets in his car and goes home. What the applicant is indicating tonight that there would be 1 to 2 employees staying in the office area to handle phone calls , dispatch, etc. . Headla: By this you ' re saying we aren ' t having people dropping the street? g off Dacy: Right , no . This is not a retail business . Headla: Why do you have a reception office? If you have a concrete block here and a nice door and then you have this reception and an office. ' Patrick Blood: We put the conference room and reception office in there, the plans when they were first drawn up, the rooms were there to be used . We put it in there for future use, for City Council ' s with their new mandates on garbage pick-up and just an office for meetings if these occur. We don ' t even know if they ' re going to occur but the room was there and rather than divide it up into a bunch of small offices or just use them for storage rather than a conference room, that was just the way we put it up with the possible intentions in the future of possibly having conferences with people and that 's only reason that ' s there. 11 Headla : If trucks coming south on TH 101 turn east , can they ao due i Planning Commission Meeting January 20, 1988 - Page 23 east and do into the driveway or do they have to drop down to turn and ' come back and make a left? Dacy: Okay, you ' re saying when the trucks come south of TH 101 and go under the tracks , to get into the site they 'd have to turn left into the site and the driveway is proposed on TH 101. Headla : I thought we were talking on TH 212 . Boy, I missed that . I ' thought we were going to try and get it onto TH 212 . Dacy: No, that was an original consideration by the applicants . ' However, MnDot came back and said that an access to TH 212 would not be eligible because they have purchased the access rights along TH 212 . ' Headla : Okay, I was under the impression then, to make application they would look at it and they stand a good chance to get it on TH 212 . That 's not the case? ' Dacy: Right . The applicant would have to buy those rights back and the problem is , MnDot is not going to sell it to them. ' Headla : Coming out onto TH 101 , boy that ' s tough. Dacy: We' ve talked about contractor ' s yards a lot in the last couple ' of months and that ' s been primarily in the A-2 and agricultural areas . This area is zoned commercial . I guess if there is an example of how a contractor ' s yard should be done, I think this is an excellent example. You ' ve got a concrete block building , paved areas , berming , landscaping . Some of the same issues that the Commission has been talking about and debating on whether or not these are appropriate in the agricultural areas . ' Headla : I agree with everything you say but now that access on TH 101, that bothers me. Dacy: It 's agreed . I don ' t think there ' s any question that it is not the best . However , given the low intensity of this use, between 4 to 12 trucks entering and leaving with their primary direction is going ' south on TH 101 to TH 212 . Then the other issues of this part of the site really screens that use the best . If you move it over to the east, it ' s a wide open view from TH 212 and it really can ' t take advantage of the grades and elevations . Headla: I thought there was a possibility that they could go to the ' east . Wasn ' t there a service road there? Dacy: If they did want to propose that , then you ' re fighting the issue of more visibility of the contractor ' s yard from TH 212 . They ' would have to reoriente the septic system sites and so on . If I could comment on the gentleman 's comment about the frontage road, as I noted in the report, that 's an excellent idea and if the Commission would want to add a condition whereby if this property is subdivided , that that subdivision application reserve right-of-way for evaluating a frontage road to be constructed . But again , our Attorney tells us that we can only require right-of-way if it ' s durinr, I-hem c„hAit.: c;.,., ;6' _� 1 1 Planning Commission Meeting I January 20, 1988 - Page 24 II application and not a conditional use permit but the frontage road concept is excellent and that should be pursued. II Headla: I hear you say the traffic coming and going and it 's minimal but how do we know, is there anyway we can control that in 4 years or II 5 years? Dacy: One of the conditions contained in the staff report is to limit the amount of vehicles to 12 vehicles . Anything above and beyond that II would require a conditional use permit therefore at that time the City would be able to determine whether or not that would be an adverse impact on TH 101. 1 Batzli : I guess I 'd like to talk about the wetlands issue a minute here and the holding tank requirement . They receive waste water from the garage area from washing . You ' re planning on requiring a contract II prior to issuing building permits for the pumping of those holding tanks? Dacy: Right. II Batzli : Is there anyway we can somehow make the continued conditional I use contingent upon receiving additional contracts or are you going to require this person to get an eternal contract upfront? Dacy: I see what you ' re saying . That might be a good idea to change II the wording in the condition that the pumping should be done on a regular basis . Batzli : Yes . I guess I ' m looking for something more along those II lines . I like the concept that they have a contract upfront but I 'd also like there to be a continuing obligation . Ellson : I noticed you didn ' t have I 26 . I had that as a question myself but you caught that yourself. I like the idea of that frontage road but you ' re saying we can ' t do that at this point though and I II guess I was a little confused as to the reasoning behind that . Dacy: The subdivision laws are different than the laws enabling 1 municipalities to review conditional use permits . The subdivision laws created by the State enable cities to require road right-of-ways and to require things like parking dedication requirements . The City Attorney says that the conditional use permit application, you ' re only _ looking at whether or not that use is compatible with adjacent uses in that district . We can not require right-of-way dedication along with a conditional use permit . You can only do that during the subdivision II application. Ellson : Also, I had a question , you said the people come in the 1 morning and they take a truck. Do they come back for lunch and then go out again or do they stay out all day long and then they come back? Nancy Lee: They come back at noon and then leave. II Ellson: This probably has nothing to do with it but I was wondering t.7h.7 •,n •rn.• L �.. .w..v.. • .. L4., • Planning Commission..ieeting January 20 , 1988 - Page 25 ' things like that? What kind of seasonal that makes that happen? Nancy Lee: It was switched . We would have more containers . The ' containers we ' re talking about are the containers used at construction sites and it 's the wintertime that we may have some. We don ' t like to have them in but when construction goes down , the containers aren ' t on the site. In the summertime there shouldn ' t be any there. Ellson : That 's all I had . ' Emmings : I don ' t have anything additional . Erhart : I don ' t know where to start but I ' ll take the opportunity to say what I have to say about contractor ' s yards in Chanhassen . I was very much involved in our zoning ordinance. That was a major project we had when I first joined the Planning Commission . I spent a lot of time on it including sitting through with the Council every night that ' they went over it- and approved it . There are two new members here, there ' s a lot of it that goes over your head when your first on the planning commission . I ' ve had two years to reflect on some of these ' issues and one of them is this contractor ' s yards . At the time I didn ' t oppose contractor yards in the City of Chanhassen . I should say in the rural area of Chanhassen because I really didn ' t yet ' understand how they relate to that area . Today I firmed up my mind quite concretely on the issue and I strongly believe that they have no place in the rural area of Chanhassen , which I 'm the only person either on the Council or Commission that represents that area . One is ' that they have nothing to do with agriculture which is the existing land use in the area . So I believe they are incompatible with that . Secondly, is the agricultural area , the A-2 area in Chanhassen is ' supposed to be reserved and allowed to increase it ' s residential use in a planned method . Again , contractor ' s yards has no compatibility with residential use. Lastly, I think in particular , Chanhassen does ' not have the road system to support the kind of truck traffic that 's associated with contractor ' s yards and garbage hauling. Particularly TH 101 . Which gets us to this particular proposal and also into another issue that I think a lot of, when we made the new zoning ' ordinance, created the new zoning ordinance, a lot of discussion revolved around this business fringe district which I think you opposed completely Ladd , at the time . I think, if I ' m right , I think you did, I would agree that we made a second mistake there. But I think we perhaps will get into that in a little bit in the discussion later on when we talk about corridor studies and plans . It really hit me today, this is the first time that I read anyplace where the actual MnDot has gone out of their way to restrict access along TH 212 in that area . Now had that been known when we put this new zoning ordinance in effect , I think that would have had a big impact about ' the way the Planning Commission and perhaps the City Council viewed this area down there. In fact , the way I interpretted that , they say this is essentially 55 mph roadway. I live there so I know what ' s it ' like. It is dangerous to turn on and off that and certainly TH 101 in that area is no place to be promoting increased use by some commercial activity. I can ' t imagine why we would go through here and allow a commercial activity where you have trucks corning underneath that ' railroad bridge. It ' s ridiculous just for automobiles to travel in both directions under that bridge. One has to stop before the other • Planning Commission Meeting January 20, 1988 - Page 26 , one goes through. Lastly, again , you ' re dealing with this holding tank situation and I 'm sure that everyone has all good intentions to make sure that nothing gets drained over into the creek but again, and I don ' t agree with the Met Council often but in this case, they ' re right in not planning for sewer in this area . In the first place, it ' s below the level of most sewer lines in the southwest area . Everything would have to be pumped up. I just think adding a holding tank in an operation where trucks are washed , you' re adding an operation where there ' s a lot of water use. I 'm interpretting this from the business and I may be wrong on that . Lastly, I guess just to II compliment my first comment , Eden Prairie doesn' t allow contractor' s yards and I do believe we do have a place in the City for contractor 's yards don ' t we? Dacy: We have a number of contractor ' s yards located in the A-2 District . Erhart: I understand that . Dacy: I 'm sorry, what ' s your question? Erhart: We do have places in the zoning ordinance that do allow new contractor ' s yards besides the A-2 District. Dacy: Yes , in the Industrial Park. Erhart: We do have a place for the . Eden Prairie doesn ' t allow contractor ' s yards in their rural areas . Dacy: Most of the communities in the metroplitan area don ' t allow contractor ' s yards in the rural area except as a small , I guess I would call them a ma and pa operation . Erhart: A family business . So I think I have a whole lot more to say when we get to the corridor study but I think those are my comments about contractor ' s yards as they relate to this particular proposal . I ' m against it . Conrad: You ' re against this because you ' re against contractor ' s yard period so regardless of what they could have proposed , you ' re just anti-contractor ' s yards? ' Erhart : Let me state that . I would vote against any contractor ' s yard that comes before me. This one in particular with the TH 101 thing and that bridge. Conrad: Because of traffic and because of access . That ' s where I was going too. It is a problem with a vehicle that 's a little bit larger going under the bridge. Now I 'm sure the applicant has said most traffic will be routed south and out of there, but I guess I would not see the north route would be acceptable anytime. People going up the hill . We don ' t restrict, what are the restrictions on the truck traffic in that area? Are there any? Headla : If they can get through the bridge , it ' s okay. 1 1 Planning Commissi*.i Meeting lir January 20, 1988 - Page 27 IDacy: TH 101 is used a lot right now. Maybe to give you an alternative to look at , another access alternative would have to be that from the east there is a separate property between the I applicant 's property and the cold storage and warehouse site which is right here. There was a suggestion made, could they tie into the driveway. That was approved for the cold storage and warehouse site. They would have to obtain an easement from this private property 1 owner. Whether or not they would get it , would be up to that property owner . So it comes down to the City weighing several trade-offs . You can either limit the intensity of the use onto TH 101 to 10 vehicles, I 12 vehicles , whatever or you can look at trying to have the applicant buy the access rights back from MnDot. You would look at a more significant wetland alteration permit to bring the road through the II wetland area or the other trade off is locating use more in the open are of the site. It's one of those cases where one location affects the other and then a new issue arises . Aesthetics, screening , access, wetlands so that would be the alternative to what is proposed in this II application . II Conrad : When we directed truck traffic to Merle Volk ' s , we asked that traffic be routed certain ways but there ' s really no way you can control that . I Emmings : Even if your access is TH 169 , they can still go up TH 101. That ' s not going to change the number of trips north on TH 101 . Conrad: Barbara , your opinion on access , assuming that most routes , Imost of the time would go back to TH 169 . What ' s your opinion on access coming out onto TH 101? Is that a danger? I think almost anything on that hill seems dangerous to me. I drove it about three Itimes today in the snow and it was not easy. Dacy: First of all , that driveway that is there now, that ' s obviously done for access to the farm and the old homestead there. Their access I into TH 101 is going to have to meet MnDot standards and as noted in the engineer 's report , they have to have a 1/2% grade for 50 feet and so on so that driveway location is going to be improved . Going north I on TH 101 so traffic coming out of the site is going to be able to see traffic coming from the south better versus the other way around . I think coming south on that , you ' re really blinded going underneath II that railroad bridge so again , there ' s no question that this is not the best solution . However, there are no other viable alternatives for this property to have access to this site . As long as the intensity of the use is limited to what is proposed , I think it ' s Ifeasible. Conrad : Could you interpret what Dr . Rockwell scribbled on that piece Iof paper? Dacy: Seasonally flooded emergent and scrub shurb wetland . Good II habitat for small rodents and various species of migratory and indigenous perching birds . Refuge for pheasants and cottontails in winter. IIConrad: Get down to the recommendation . Keep what? Planning Commission&Meeting January 20, 1988 - Page 28 ' Dacy: When she went out to the site, this is when there was a ' proposal for the driveway across the wetland area . Keep width of proposed driveway to minimum. Select area with fewest shrubs . Protect remaining wetland from impacts during construction with silt screens . No sidecasting . Conrad : No sidecasting? , Dacy: Taking the material that is dredged out . Conrad : Tim, it doesn ' t appease you that we ' re in the fringe business I district at all? It is a zone down there that is kind of commercial in nature yet it can ' t be used commercially because of sewer so it's got the highway access without sewer so you kind of look for applications that don ' t need high volume off of that . This looks to me like a low volume use in a district you ' re in . Erhart: What I 'm essentially saying is that it ' s an agricultural area 11 and that business fringe area should never have been put in the zoning ordinance and that we shouldn ' t be allowing new commercial businesses in that whole area because there ' s no sewer available. Barb always tell me when I ask, there won ' t be sewer for 30 years . This is the one area where I actually believe her on . It could be 50 years . I think this is the area that should be, it got started , those businesses down there died because it ' s not a good business area . The restaurant ' s not open . It hasn ' t been for a couple of years . There 's been a used car lot and that ' s closed . Conrad : So you 'd like to see it restored to agricultural or residential? Erhart : I think we ought to just let it fade away. Art Partridge: My question with the Merle Volk issue, R & W Sanitation which is a much bigger operation , you allow that into what is essentially an agricultural area . . .A truck can use a public highway unless there 's a weight restriction . Conrad : As you can tell , we' re still struggling with contractor ' s 11 yards and use of agricultural areas but your comments are well taken. I believe this is a pretty good use of the area down there. It ' s a ' strange area . It 's just a real strange area and I think I was fighting to get rid of it altogether once upon a time and I don ' t know if I lost the cause but whatever but I think here' s a case where staff has worked with the applicant to kind of hide the use. It looks like the applicant has designed something that 's kind of nice here and I don ' t think that set a precedent for any other contractor ' s yards . I think my only concern is the traffic that we generate like I am with any contractor ' s yard . If I think we' re putting in 100 trucks or 50 trucks , I think that is definitely not the point of the contractor ' s yard or what we want to allow but I think as long as we minimize what the applicant does there in terms of traffic generation, I think it 's not a bad use of the land . Headla : Remember , if he has 10 trucks there, that means you ' ve got 22 vehicles entering and leaving everyday. 1 Planning Commission Meeting January 20 , 1988 - Page 29 Nancy Lee: I want to correct that . We run one person per truck . . . ' Headla : How do the drivers get to your place? Nancy Lee: They come in their vehicle. Headla : So if you ' ve got 10 trucks , you ' ve got 10 cars , so you' ve got 20 vehicles plus two people in the building , e g I think that ' s an awful lot for that particular intersection .vehicles . ' there 's someplace with a better line of sight , I think it would be more appropriate but that ' s a lot on that particular spot on TH 101. Conrad: I think we' ve sure talked about this . We ' ll open it up for a motion . If there is one, if somebody makes a favorable motion , I think there were some comments to be discussed in terms of pumping the holding tank on a regular basis . The staff ' s 26th point and maybe if somebody does make a favorable motion , we should be talking about subdivision and reserving land for future access but I 'm not telling ' you to make that motion . I 'm jus saying if you do go along with the staff ' s posture, we should incorporate some of these other comments. Emmings moved , Batzli seconded that the Planning Commission recommend approval of the Conditional Use Permit Request #87-18 to operate a ' contractor ' s yard located north of and adjacent to TH 212 and east of and adjacent to TH 101 based on the site plan stamped "Received December 29 , 1987" and subject to the following conditions : 1 . Hours of operation shall be from 7 : 00 a .m. to 6 : 00 p.m only tonday through Saturday y (work on Sundays and holidays not permitted) . 2 . There shall be no outside speaker systems . ' 3 . Any light sources shall be shielded from adjacent public road right-of-ways . 4 . A holding tank shall be installed to receive the waste water from the garage area . The holding tank shall be pumped as necessary and the applicant shall be required to keep a current copy of their ' pumper contract on file with the City. 5 . The building must be sprinklered . ' 6 . The building must have a heat and smoke detector system with a central dispatch 7. Lighted exit signs must be installed at all exits . 8 . A plan for storage of flammable and/or combustible material must be ' submitted to the Public Safety Office for approval . 9 . Emergency lighting must be installed . 1 Planning Commission Meeting January 20, 1988 - Page 30 10. The driveway and parking lot shall have surmountable concrete curb and gutter . , 11 . The applicant shall submit a landscaping plan indicating installation of 20 six foot evergreen trees between the vehicular use areas and the public right-of-ways . 12 . All septic systems sites shall be staked and roped off prior to the commencement of any construction. Any traffic over these sites will require reevaluation of the sites. 13 . The applicant shall obtain an access permit from the Minnesota Department of Transportation and shall comply with all conditions of the permit. 14 . The approach ont-o TH 101 shall be a maximum of 0.5% grade for a minimum distance of 50 feet. 15 . Catch basins shall be provided at the low point of the driveway , along with proper spillways in the parking lot. A revised plan shall be submitted for approval by the City Engineer . 16 . Calculations verifying the preservation of the predeveloped runoff rate for the site and ponding calculations for a 100 year frequency storm event shall be provided to the City Engineer for approval . 17 . Check dams (Type II Erosion Control) shall be placed at 100 foot intervals along all drainage swales. 18 . Existing structures shall be disposed of properly. If debris is to be burned , the applicant shall obtain a burning permit from the Department of Public Safety and the Pollution Control Agency . On-site burial of debris is prohibited . 19 . Additional erosion control shall be placed along the north side of the site. A revised plan shall be submitted for approval by the City Engineer. 20. All erosion control measures shall be in place prior to the initiation of any grading and once in place shall remain in place throughout the duration of construction . The developer is required to make periodic reviews of the erosion control and make any necessary repairs promptly. All of the erosion control measures shall remain intact until an established vegetative cover has been produced at which time removal shall be the responsibility of the developer. , 2.1. Wood fiber blankets or equivalent shall be utilized to stabilize all disturbed slopes greater than 3: 1 . ' 22 . Seeding shall be disc-anchored and shall commence no later than two weeks after slopes have been established. Planning Commission Meeting January 20 , 1988 - Page 31 23 . All detention ponds and drainage swales shall operational which includes all pertinent storm seweornsystemsdtonhave the ponds functional prior to any other construction on the project. 24 . The applicant shall apply for and obtain permits from the watershed district, DNR and other appropriate regulatory agencies and comply with ' their conditions of approval . 25 . Any expansion of the building or parking areas or expansion beyond 12 vehicles used in the business shall require a conditional use permit review. 126 . The site plan shall be revised to shift the building 20 feet to the east. ' 27 . Should the subject site be subdivided , the City would look to requiring the necessary right-of-way for a frontage road to make connections to the east . ' All voted in favor except Erhart and Headla who opposed and PP d motion The following is the e discussion that occurred after the motion was made and seconded . Emmings : Wouldn ' t you want to do that whether Or wouldn ' t it matter if it wasn ' t subdivided? it ' s subdivided or not? Dacy: The only other alternative would be that the City would initiate condemnation proceedings . The subdivision is the best tool ' that . we have to get the right-of-way. Emmings : Alright, let ' s put it in that way then . In the event of subdivision , you put the language in your way. ' Dacy: In the event of subdivision , the City would be requiring necessary right-of-way for a frontage road for access to the ' Conrad : In this case we haven ' t asked the applicant to direct the traffic and take it around . In the Merle Volk , how have we asked him ' to route traffic? What kind of agreement , what kind of a statement? r I .2ianning Commission Meeting , January 20 , 1988 - Paye 32 Dacy: I believe it was a condition of approval that the access use CR 18 . Olsen: And they already said that 's what they were going to be using anyway. Conrad: Steve, what do you think about winding that type of, they are going to have access off of TH 101 which is kind of dangerous in the first place. Do you care which way the go once they get on there? Emmings : No . I guess the thing is Ladd , well , where do you go? Where will you be going? Nancy Lee: Probably the only times we would be using TH 101 north would be when we go do Chanhassen routes which is on that road anyway. ' Emmings: It seems , it is a public road and no matter where their access is , they can always go on TH 101 . If their access is on TH 169 , they can still go north on TH 101. We can ' t tell them where they can or can not go. It also seems a little bit hypocritical somehow. We expect people to pick up our garbage at our houses yet we want to deny them use of our roads to do it . I don ' t know, if there 111 was an alternative for them to get north on, to get to the same areas of the city but there really isn ' t is there. Ellson : He means more or less coming out than the dangerous way of entering . Isn ' t that true? Conrad : Yes , I 'm concerned about that but I ' m also concerned about , getting underneath the bridge and that is definitely a dangerous situation. It 's without a doubt , you can ' t put a truck and a car through there at the same time. Emmings : But then it seems to me that there should be a restriction on the road that would prevent them from doing that . I don ' t think we can tell them they can ' t use the road. Conrad: Well , how do we have the right to tell Merle Volk he can only use CR 18? Emmings: Because I think number one, that ' s what he told us he wanted 1 to do anyway. Also , was it Merle Volk, or somebody who went into that corner out by CR 41, we did that as a condition of approval . You can ' t go north up to TH 5 , you have to go out to TH 41 and then up to the intersection . But see that didn ' t really put them out in any way. It was an alternative that we preferred and they really agreed to go along with it and then we made it a condition of our approval . But I think if push comes to shove, I have a hard time telling someone they can ' t use roads that they are otherwise allowed to use. Conrad : Picking apart staff ' s point 25 where they talk about 12 I vehicles . Do you care about vehicles Steve as much as you care about vehicle trips? Should we put in a cap on the number of vehicle trips? Planning Commission Meeting January 20 , 1988 - P� 33 We ' re trying to keep this low intensity. 12 vehicles applicant in good faith, I believe them, they ' re lnot going tto be theoretically shoving in and out all day long with one vehicle. The vehicles go out and they ' re going to come back but does the 12 vehicles put a cap on traffic or do we want to talk vehicle trips? Headla : How are you ever going to monitor vehicle trips? Now that you mention that , do these people come back here for lunch? Is that why you have the lunchroom? ' Nancy Lee: No, they won ' t come back for lunch. Conrad : That ' s just architectural stuff that goes on there. You ' ve got to fill up boxes . No interest? Emmings: No , I think the number of vehicles is more important than the vehicle trips I guess , given the nature of the business . Patrick Blood : There 's one more comment I 'd like to make towards his interest in the conference room, lunchroom. We also planned this building for any future reason that we might have to resell this building , we just didn ' t want to come up with an empty block building 11 to resell . This building is planned into the future . For any reason we should sell this building , it will have the facilities for other future use and that ' s one of the reasons these are put into the building too . Headla: That ' s a good explanation . Thank Y ou. Batzli : To get back to your point on the 12 vehicles , I don ' t understand the phrase, or expansion beyond 12 vehicles . Is that vehicles that will be parked there overnight or is that parking spots? What is that? ' Dacy: The intent of that was for the 12 vehicles referred to , the 12 garbage trucks or any truck equipment , truck vehicles that they use for the conduct of their business . That was not intended for personal cars . So if they called the City Hall and said , we ' re getting to the point that we need 15 garbage trucks , we would say, that 's over the threshhold of 12 , you have to reapply for a conditional use permit. Batzli : But you ' re talking about the vehicles that will be parked there overnight . You ' re not talking about their cars? Dacy: That 's correct . Feel free to address you would like more clarification . the condition if you feel Batzli : I guess I 'd like to propose a friendly amendment to the motion that we ' re discussing that we somehow clarify that and I 'm not quite sure how we do that other than indicate that we' re talking about vehicles used in the business . Emmings: I ' ll certainly accept that . I think it should say that . Ellson : You talked once about maybe they could y go through the other place if they got permission and it never was looked into? Sharing a 11 Planning Commission Meeting I January 20, 1988 - Pci 34 �T 11 driveway with the cold storage or whatever? I just hate that TH 101 too. Dacy: No, because it was found that there 's a second ' between that cold storage warehouse and the subject preptyty owner that property owner has not been contacted to see ifp they rwould grant an easement. Conrad: Tim, can you summarize your negative vote? Erhart: I don ' t think I need to add to my speech but I would like to see, because I do agree we're essentially forced to pretty much let this thing go through, I do believe the score here is on the Planning Commisiion to have us look at this contractor ' s yard as it relates to our zoning ordinance. I 'd like to see us do that at a near future meeting. Whatever it takes to do that . Headla : I ' ve got two reasons. One is the number of vehicles entering and exiting at that particular point on TH 101. I think it 's very poor planning and I have an environmental concern . The environmental concern I think could be resolved , particularly if they could come out to TH 212 rather than TH 101 . I think they did an excellent job in planning their application. WETLAND ALTERATION PERMIT. Headla : As I understand it , they aren ' t actually affecting the wetland itself, right? Dacy: Right , there ' s no direct alteration . Headla moved , Ellson seconded that the Planning Commission recommend 11 approval of Wetland Alteration Permit #87-14 to locate a contractor ' s yard within the watershed of a Class A wetland he approved subject to the site plan stamped "Received December 29 , 1987" and subject to the following conditions: 1. Compliance with the standards of Article V, Section 24 (a) (4) , 1 2 . Compliance with the conditions of approval of Conditional Use Permit Request #87-18 . 1 All voted in favor except Erhart who opposed and motion carried . Conrad : Tim, your reasons . Erhart: The same reasons as before. ZONING ORDINANCE AMENDMENT TO AMEND ARTICLE V, SECTION 3 , TO PERMIT VIDEO GOLF AND INDOOR GOLF COURSE AS CONDITIONAL USES IN THE A-2 , AGRICULTURAL ESTATE DISTRICT, JOHN PRYZMUS . 1 Public Present: I Q ti • Q t- I A � 1f 1 i o, k41 W t. o 1 ° k det ► ' \ ' , ::...-1 1::.:.pc. : 1 A ‘ ! .;. , , , i . , , I �— 1 �:- is r►: �- , :1 �!M �' E.a i'= ` ' ,I 1t\\• '%•:...: 1...•. ... A,,,, , „ ••1 MOM 44 10 ' 1 ' . 0-7:14C. ' : et: Al 'fiti .: It ,.., `.1 'c) \ ',. 1 ••• • / 11 � , .T O.O N 114' q I I -.............:::1 \sicii::\:::::::.•% : :. i - i C'. ' ..---- -.C--;;A:!!!, - , .-.-,--. .-::\• ' 'ZI....„2-:-.„'t •..,,*.;—,i i , i C-7"-*°O. al:: :: , 1 :..•.. -...:.., 44.,?:.\\•-•..7\',`„ It\ „ :\ - it ,— . i : „, . o , , If \\ . -- -_ . ..--.;el.--;o• g : : ". ". .\::::::" .i.: ,:. „\-"Z.'.7 '''' 11 1.:01; 7.q f a I t N ,t4, •, . 9 o • b I r. \;•I. rfr .�a_ '�! '10.0..� ��� � ,. 1.r,.' -..: ,,• 1 if, •�BZB o _c • ; \ I1F ` ��• - . _• I h� '1. E. ... 4 K 0.:/1'G ,` o j. � .• * x.107-:LAOD-a0-,7,t(j7.,5 ,fr.-_:.._ I ; I 1 oN : - -______ _ . J o 1 w ,-- • .. v t. V Cr Mr. Stephen Hanson January 24, 1989 ' Planning Director City of Chanhassen 690 Coulter Drive P.O. Box 147 ' Chanhassen, Minnesota 55317 Re: Extension of Conditional Use Permit for Admiral Waste Management's Contractors Yard, Dear Stephen and Chanhassen Planning Commission In regards to g the Public Hearing on Wednesday February 1 , 1989 at 7:30pm to consider the extension of the Conditional Use Permit being seeked by ' Admiral Waste Management, I would like to express my concerns to you the city. As a person managing property less than 500 feet from the said extension, my landowners property willbe effected in many ways. First, the land will be devalued because of the storage of waste removal equipment vehicles being stored on the property. Secondly, the vehicles will be adding to the already congested intersection of highways 101 ,169 & 212. Thirdly, the storage of garbage trucks will add to the area, the prob- ' lem of rodents infestion. As I see it this conditional use permit will not add any economic benefit to the area by generating more tax dollars, nor add to the property values of the Minnesota Valley. As a representative of the Jordan ' Christoff property (Noted on Attatched page) I urge the members of the Chanhassen Planning Commission the effects the Conditional Use Permit will have on our property. Respectfully, hn Foster 1 Day Phone 893-6731 JAN 25 1986 C►►N.OF CHA{`IHASS I I ' . 1 1 1 1 1 1 1 .1 January 31 , 1989 Stephen Hanson Planning Director City of Chanhassen ' Dear Mr. Hanson, ' Garbage pick-up and disposal is important to our community and the environment. So we recognize the importance and benefit of such a service. Garbage is smelly and attracts undesirable insects and animals. So, while it is important to provice such a service, we feel the equipment for and maintenance of this service should be physically away from residential areas. Technically, we believe this proposed use does not lie within the intent of "contractor yard". Building materials and equipment normally do not have a bad smell. So we feel to include garbage truck and container storage and cleaning operations in this zone is inappropriate and not within the scope of use intended. Therefore, because of these reasons and specifically for the concern of the residents close to and down-wind of the operation, we recommend this property not be approved for this use and other property away from residences be sought. Sincerely, Laverne and Babette Wheeler 445 Lakota Ln. GZL�eZf'te FEB 011989 ' CITY. OF CHANHASSEN AMERICAN FAMILY INSURANCE January 31, 1989 ! Stephen Hanson Planning Director City of Chanhassen ! 690 Coultier Drive Chanhassen, MN 55317 ' Dear Mr . Hanson and Chanhassen Planning Commission: RE: EXTENSION OF CONDITIONAL USE PERMIT FOR ADMIRAL WASTE MANAGEMENT' S CONTRACTOR YARD ! I live at 425 Lakota Lane with my wife Victoria and we are concerned that the above mentioned permit, if extended, would ' be detrimental to our neighborhood and the environment as a whole. It is also a concern of ours that the notice of this proposed extension of permit was not distributed to all ' residents on Lakota Lane. The neighbors two doors to the east and west were notified, but we and the two neighbors adjacent to our property were not. ' This type of business located in the proposed location would present a traffic hazard as the road narrows and becomes a one-lane underpass at the railroad bridge . Admiral ' s site appears to be right on the curve below the bridge and would no doubt bring new danger to this already dangerous road. The properties overlooking the proposed site are all residential and the type of use proposed does not blend well with a neighborhood environment and should be in an industrial park. Many of our homes would overlook garbage trucks and dumpsters and would undermine our property values . Eleven years ago I worked in an industrial park that was ! adjacent to Ace Waste Management in Andover , Minnesota . On warm days the foul smell hung in the air . The winds in the spring and summer generally blow from the south and thus Admiral ' s southern location would affect Lakota Lane ' s fresh ! air . In the interest of Chanhassen residents, please do not extend ! the Conditional Use Permit for Admiral Waste Management located on Highway 101. Sincerely, Tim Wise FEB 0 1 1989 CITY OF CHANHASSEN , 1 675 Lakota Lane Chaska, MN 55318 January 31, 1989 Mr. Stephen Hanson Planning Director City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 Dear Stephen, ' We are writing this letter in regards to Admiral Waste Management' s application for an extension to the conditional use permit for a contractor' s yard. Sue and I own the property north of the proposed site, across the railroad tracks. We have several concerns that have led us to object to this , conditional use extension. This letter details for you our concerns. First, we are concerned about the traffic impact. The traffic at the intersections of Highways 101, 212, and 169 is already congested and dangerous. Adding the local traffic of large cumbersome garbage trucks is wrong at this time. Second, adding a facility for storage and maintenance of garbage trucks to our neighborhood can only reduce our property value. Third, installing a parking lot for garbage trucks at the south entrance to beautiful Chanhassen does not seem to us and our neighbors to be wise city planning. People entering from the south deserve a better first impression. Fourth, we don' t feel that the definition of "contractor ' s yard" as stated in the Chanhassen City Code apply to this proposed facility. This definition talks about storage of vehicles involved in construction work - not waste removal. We did not originally object to this conditional use permit because we did not think it involved garbage trucks. Finally, it does not appear obvious to us as to how this can benefit Chanhassen. The city planners should be looking for and approving developments that add significant tax revenues and attractiveness to Chanhassen. We urge the Chanhassen Planning Commission to carefully consider our concerns and the concerns of our neighbors. , Sincerely, Verne L. Severson Susan B. Severson 11 I . -3E3, 1 1989 TO STEPHEN HANSON, PLaNNING 1)InEOTOR "LT A 1,TTS Q CT-7,T OT,,V,..,TIMr` s rwr CITY OF CE;.1NHASSEN, 1,11\1. RE: IRE EXTENSION ON THE CONDITIONAL USE PFTia FOR S YARD AT 10500 GREA- 71.7E. THE APPLICANT PROPOS'ES TO STORE E TRUCKS ,\23 Dii ?S.:E.:1S ON THIS SITE. WE, i/iILD.P,I.D D MAY1 :1D HAPPL.,0, ARE STRONGLY OP.POSLD TO urtArfilrid AN 2;;CTE:ISION TO ,kDial-,AL ST2 1,1.:11;ASEi.LLIIT INC. ,TE OWN THE Pii3PET.TY IrLEDIATELY • ON ENTERING LA:0IA LANE PROM HIGH.iAY 101 OVE_ LCO7ING THE SIIE ON 10500 GRLf.T • PLLb Vr . oUlt H JILDP. LC,Ca_7,1.) Liar.; ON A LUSK iG DrL;-13T-2,. SITE. CAN YOU H01;EZ;TL: SELIEL LL0203..,1) SIT ILL 3s _AESTHETICALLY C C P 1TI-LE 1H_ A_EA? CAN YOU HONESTLY 3ELIEVE MAY 20_ 6 FOOT Y ALALNSSI. IIID 12 CA ,TIQW TATICVC? TUC ' rm . 0 STENCH OF ROT TING G.A.Z3Aui NON. THE AOCU:iULliTION OF RODENTS. TRA3VIC ON KIL..:H;.! :Y. 101 H,-LS AL; LYS NH1I HAZARDOUS, YOU NOW PROPOSE TO ALLOW HUGE G.,-,i3AGE laUC7-7 TO 3LINE ACALLS. WE SI CERELY OF OH RL NING CO:LISSICN TO CO„ISIDE__ THE :131_, SE L. :Eol'THI4,w1LL HAvE ON ALL OF TEE SURHOU:DI1,IG AREA, , AND THAT Y U REFUSE TO :71R,NT THIS EXTE::SION. ISINS ELY, • , 4(4t'i-s-170/212.6 -.1 ryA .71,P72 FEB 0 1 1989 CITY.OF CHANHASSEN II CHANHASSEN PLANNING COMMISSION II REGULAR MEETING FEBRUARY 1, 1989 I Chairman Conrad called the meeting to order at 7: 30 p.m. . II , MEMBERS PRESENT: Tim Erhart, Steve Emmings , Ladd Conrad, Annette Ellson, Brian Batzli and David Headla MEMBERS ABSENT: Jim Wildermuth II STAFF PRESENT: Steve Hanson , Planning Director and Larry Brown, Asst . II City Engineer -ikPUBLIC HEARING: I CONDITIONAL USE PERMIT EXTENSION REQUEST FOR A CONTRACTOR' S YARD ON PROPERTY ZONED BF AND LOCATED ON THE NORTH SIDE OF TH 212 AND THE EAST SIDE OF TH 101 , PATRICK BLOOD AND NANCY LEE, ADMIRAL WASTE MANAGEMENT. I Public Present: Name Address I N.A. Monroe 565 Lakota Lane, P.O. Box 115, Chaska Verne Severson 675 Lakota Lane , Chaska II Linda Seavi.ck 508 Lyn Park Lane, Minneapolis 55411 Margaret (Christoff) Pribula 4949 Queen Avenue No. , Minneapolis 55430 Jim Sellerud 730 Vogelsberg Trail II Steve Hanson presented the staff report on this item. Chairman Conrad called the public hearing to order . I Patrick Blood : I 'm Patrick Blood . I 'm one of the owners. When we first came into the property, we came in with the idea of contractor' s yard as I such. A lot of people, they hear contractor ' s yards, to simplify it I guess is more or less like a garage type area. We planned on some warehouse. I'm sure you' re all aware of our first plans. At the time we II presented this first idea to the Council , we at that time didn' t have too much knowledge of what the cities were going to have to do as far as mandating their recycling programs . We actually work 6 different cities at this time. When we found out of all the stipulations and everything in recycling, it sort of changed our position on the piece of land. Not that we don ' t want it. It ' s just that we ' ve always had the intentions of putting a respectable recycling center up. If you want to call that II contractors yard besides , well , I guess that ' s where it lays. Since we've started 4 years ago, we've been parked behind a barn in one area which was behind 2 homes . We' ve had no impact in that 2 1/2 years at that facility. il The facility that we are at now is a 3 bay garage Lester building . We are renting a portion of this building . When we moved in, we actually (—, improved that facility by just cleaning it up and even the people that are around that facility have no complaints of what we' re operating with now. II But what we'd like to see now is not much change in what we presented the first time around . It ' s what the idea of eventually putting up a recyclable center where people can come and drop off their recyclables. A II 1 ' Planning Commission Meeting February 1, 1989 - Page 2 I lot of eo le p p will then again say, well , we' ve got storage. The facility that we' re thinking about putting in there, or are going to try to put in, isn' t like a sort separation like the Reuter plan that I 'm sure you' re all aware of. Ours will be more or less a transfer station from one truck to the other. Delivered to the markets that day and whatever storage is left ' over will be from that day and then disposed of the next day. In order to do this , we need a little bit more room. When we had first brought this to the City' s attention, we were only going to utilize the first 5 acres of this piece of property with the intentions of down the road either selling or utilizing the rest of the 8 acres in the future. Now we see with the City' s help and maybe the County' s help, I just touched on Carver County and that, with everybody' s help maybe we can put in a decent, respectable recycling center . That ' s where our intentions lay. This will in fact have to utilize the whole 13 acres instead of the 5. The plans will probably have to extend over a longer period of time because ' everything is so iffy in the recycling that new ideas are coming up every day and we just have to go with the flow. But that' s our intentions for this piece of property. I 'm sure everybody in the cities now a days know ' that this type of facility is the thing of the future and we' re all going to have to have it. In order to have it and have a decent one, we' re all going to have to work together to make sure it is. That ' s where Nancy and I stand. I just hope the City feels that together we can make this a ' respectable clean place. Whether you put it in the contents of contractor ' s yard or recycling center, I don ' t know. Conrad : Okay, thanks Patrick. Why don ' t you stay there for a minute . Steve, clarify something for me. Patrick is talking about something different than what we originally saw and we don ' t know what ' s different. It may be bigger or traffic. Something ' s changing but we don ' t know what ' it is and he hasn ' t told us because maybe he ' s not sure right at this time. Our options right now i.s, based on what you laid our for us , is he can reapply later on. We can basically turn down the extension and have him reapply but tell me a little bit more about the difference? We can extend this but if we extend what he' s got, he' s really asking for something probably different than what we originally saw the first time ' through. I 'm guessing . I don' t know. Patrick Blood: Maybe I can fill you in a little bit more of what we've been thinking about as of now. You can work with us or whatever you like ' but what we'd like to see, being that this is also new and so many new ideas coming into this industry, what we'd like to do is maybe put it in phases . Approximately the same as what we got up there but naturally the ' building , the first building that we do establish up there will have to be more or less a garage area and an office area to even get started and to put possibly in the main grading or whatever . Then possibly down the road, extend in phases rather than all at once because there' s no way I ' can stand up here and be truthful to everybody and say I know exactly what ' s going to happen and it' s going to go in this way. That' s ( impossible at this point. But I do see going in and maybe doing the '` grading. Being able to utilize a transfer type facility so we can transfer the recyclables from one truck into the other . Possibly putting up the garage building area with the City' s approval and everything and then down the road , depending on the new methods and everything they come Planning Commission Meeting • February 1, 1989 - Page 3 up with, a source recycling center of some kind to where we can abolish as much of the garbage as extreme as we can get. Conrad : I think we have to understand a little bit more about what you' re talking, when you' re talking recycling, I don' t know what we mean yet so hang on. But going back Steve, if Patrick wants to intensify what he' s currently got, he has to come back in for another conditional use period? Hanson: That ' s correct . ' Conrad : I 'm not sure what we' re really, if we turn down the extension tonight, what 's the impact on the applicant? Obviously he's got an approval to do what he wants to do right now but basically if we continue II that approval , it' s kind of like saying you've got that but there' s no guarantee that we' re going to let you do anything beyond that . I think what he needs is a consensus of the future. You don' t want to just put in Phase 1. You may want to go through Phase 4 but if we don' t let you go to 2, 3 and 4, you don' t want to do 1. I guess mechanically, Steve what do you think we should be doing here? , Hanson: I think there are a couple things that can happen . What they obviously want to do is protect what they have at this point in time. 1 Secondly, I thi.kn they' re being very up front in saying , we' re going to be I doing some other stuff with recycling but we don' t know what it ' s going to be yet because a lot of the cities , including Chanhassen , have not made that decision. I think some of the cities are looking at doing essentially a one year trial period , if you will , on recycling to see what' s going to work and how that comes out and how that ' s done affects what they' re going to want to do in dealing with that . It ' s kind of a dilemma. On one hand when that happens , they' re going to have to come back and adjust the conditional use permit . There ' s two ways . You can look at it from the standpoint of, well if you know they' re going to have to amend it anyway, then it doesn ' t make sense to extend something that you know isn' t right. Is that creating more of a problem or less of a problem? I think in all honesty it' s really a toss up. Conrad: Before we get some more comments here, tell us a little bit about I what you think recycling means . In terms of your operation, what is recycling? You said people are coming in and dropping off. Who' s dropping off? What is this future recycling center that you mentioned? ' Patrick Blood: I guess the only way I can explain it now and give everybody a good idea , is Reuter ' s has got a sort separation. The garbage truck comes in, he dumps it on the floor and then people pick it apart on the floor , then it' s shoved into these conveyers . From conveyers it goes up into the rest of his operation, whatever separation goes on in his building . What we are going to go into and most of the cities are going with this , is curbside recycling. It ' s the only way actually to do it . When you get into curbside recycling , you get away from dumping the garbage on the floor. The people are actually doing it on the curb which is a lot safer for them and a lot cleaner and when it comes to our end of it. 1 ' I Planning Commission Meeting February 1, 1989 - Page 4 q Conrad : The consumer is separating you mean? Patrick Blood : Right. That' s what the curbside service is all about. Once this operation is done at the curb, we pick it up in separated vehicles. We bring it in. We put it in, right from one truck or trailer, ' whatever we pick it up in, into a bigger truck or trailer and it goes right off to market. There is no dumping it on the floor. Plus we' re only dealing in glass , aluminum, paper , recyclables . Maybe the only thing ' that might be a little contagious or dangerous or whatever you want to accept it as is maybe like car batteries which we put on a pallet until such time as you get 25 of them and then they go to market. I think when it comes to the garage end of it , it ' s like Eden Prairie now. They are ' going curbside recycling with the remainder going to Reuter so that almost eliminates your storage of garbage at our facility. The only storage we will have at our facility from one day to the other is your aluminum, ' glass , paper , your different kinds of metals, anything that ' s recyclable today that there is a market for. And if you think about it, about the only thing that might be a little contaminating about that is your car batteries which that problem can be easily solved as far as storage goes . ' Just don ' t store it for very long and make sure you ' ve got , you put it on the right kind of things to where acid won ' t get into your water stream and stuff like this , which only makes sense. That ' s the type of facility I C that we ' re doing. We 've got our equipment coming . We' re setting up in this particular way and this piece of land is what we'd like to utilize down the road with the City' s and the County' s , here we haven ' t really touched into it. I called Carver County just the other day and asked them what type of, if there was any such thing as funding towards these kinds of operations now that it' s all coming into being . They said, yes . I haven ' t really touched on it but like I said, it ' s the thing of the future. It ' s here and everybody' s got to do it . It ' s just a matter of where do you want it in your city. How do you want it done and do you want a good facility or do you want somebody to just walk in and do it any ' old way and that ' s never good so it' s better to be up front and work with everybody. ' Emming : I 'd just like to know when you talk about recycling , do you foresee that people will be driving to this center? Patrick Blood : Yes I do . For everybody' s convenience •i.n this City, ' that' s what they need because how many times have you had a tire in your garage and didn' t know where the heck to bring it? Different things like this. It' s convenience to the people and it ' s just got to be there. It ' s ' a part of the service. Emming : Then would there be someone, would you have hours that it would be closed at certain times? Patrick Blood : Yes . Emmi.ngs : And how eo le couldn ' t P P get into the site. Patrick Blood: Yes . I 1 Planning Commission Meeting ' February 1, 1989 - Page 5 1 Emmings: And how do you foresee people handling that? Patrick Blood: There are two different ways we can do this because when you start collecting aluminum, well right now you ' re talking the possibility of theft. They' re coming out with a container now for different types of roll-off equipment and these containers are divided up II and they've got lids that can be locked down and locked up. What can ' t be stored inside , can be locked up outside. Then you' ve always got the option of fence. During the open hours , naturally people, it will be manned during the hours it is open for the people that bring in their stuff. So all the hours that it is open, it will be policed. The hours that it is closed , it can be locked up, fenced up. There are all kinds of different facilities for policing as far as even putting dogs on the property to keep the theft rate down. I guess that ' s about all I can say. Nancy Lee: I 'm Nancy Lee. I 'm the other half of Admiral . We just received a couple of these letters here and I glanced over them and it seems like the neighbor ' s biggest concern is that it 's going to be smell like you' re living in a garbage can . As Pat had mentioned , there really is no storing of garbage. The garbage we have is in the trucks and the trucks go to the dump all the time to empty. Several times a day. We don' t want that smell there anymore than the neighbors want it there. So there is no storage of garbage and there is no problem with rats and things like that. We don' t have garbage anywhere but in a sealed truck. The garbage truck with a packer . Another reason we thought that property would be so nice was because the borderlines are TH 212 and TH 101. The back of it is railraod tracks and the other side is other commercial buildings . The only house that you can see from that piece of property is on the far end of the land that we haven ' t designated to build on at this point and that' s up above the railroad tracks and I don ' t know how much they can see in. I noticed they said , they were worried about the houses looking down into garbage trucks. There' s no feasible way they could see them unless they come out on the road and look over our property. I know people have a general feeling when you say garbage company, you' re thinking filth . We foresee sod and flowers and trees and nice things. We don ' t foresee a pit. As a matter of fact, there are some resident ' s II households around there that, I would never let my property get like that. • I guess I just feel there' s a real misconception that people feel that a garbage company is filthy and we would like to prove them wrong . Verne Severson: My name is Verne Severson and I live at 675 Lakota Lane. We' re the owners of the property just north of this proposed site , across the railroad tracks. We have a few objections or concerns I guess I 'd like to discuss with you. These concerns have led us to object to this . First of all , I guess the most important is that we ' re concerned about the impact of the traffic in that area . The traffic at this intersection , at TH 101, TH 212 and TH 169 is really terrible the way it is now. It ' s almost impossible during sometimes of the day to make a left hand turn off TH 101 onto TH 212 and adding a facility down there that involved people driving in and out and large cumbersome garbage trucks , seems to only compound the situation. It certainly wouldn ' t help it. Second, we feel that adding a facility for storage and maintenance of garbage trucks in our neighborhood can only reduce our property value. We would welcome I 1 ' I Planning Commission Meeting February 1, 1989 - Page 6 neighbors who g are willing to come in and help make the area look nicer and ' I understand. I believe they' re intentions on doing this. However, the fact is, in the public ' s mind, a waste facility is still a garbage facility and when it comes time to selling your property and the perspective buyer realizes that there ' s a garbage facility in the neighborhood, it' s going to have an impact on it. There' s just no way around that. Third , I guess we feel that , and this is more of the same points, we feel that adding a facility like this in our neighborhood and ' in Chanhassen and such a highly visible area of Chanhassen as this is , isn' t really wise city planning because this is after all the southern entrance of Chanhassen . People coming from the south , from the racetrack or from southern Minnesota. That' s the first entrance into Chanhassen. ' The first place they' re going to see and I guess we don' t think that leaves a good impression of the city if it ' s right on a main road . Fourth, I think especially based on what we heard tonight , that this is stretching the definition of a contractor ' s yard. I think you city planners have to look at that more carefully because now we' re talking a recycling center which means people driving in. There' s a business going ' on. There ' s going to be a lot of noise generated . That ' s a lot different than a contractor ' s yard where you ' re just storing and parking vehicles that ' s used in construction business . I glanced at the City Code and their definition talked about vehicles used in construction business and 1 ( not a business such as this so I think you ' ve got to look at that . Finally, I guess it ' s questionable whether this really does enhance the tax base of that area. I think there could be another , more wise use of ' that piece of property than this kind of facility. I appreciate the opportunity to express my concerns . I have a letter where I spelled this out and addressed to Steve Hanson. I have one question, if I may. What is the next step on this? All you people do is, not all you do but you make recommendations to City Council . Conrad : In two weeks our recommendation will go to City Council . Verne Severson : Is that meeting open to the public? Conrad: It sure is. We conduct the public hearing and gather the input from whoever wants to speak to the issue. At City Council level , they can entertain comments from the audience if they so choose. I find it typically real valid to stick with the issue through City Council . ' Emmings: They see a verbatim transcript of transpires here too . Verne Severson : How are we notified of the meetings or do we just have to watch? Conrad : In this particular case it is scheduled , not it ' s not scheduled . Hanson: It ' s not scheduled yet. In all likelihood it would be on the meeting on the 27th rather than the 13th . Conrad : But because it' s not a public hearing, then the individual property owners are not specifically notified like they are for a public hearing. So the thing you do is either call City Hall and find out what ' s Planning Commission Meeting ' February 1, 1989 - Page 7 going on and when or you watch the Chanhassen Villager where the agenda is posted. One or the other. As Steve mentioned, he said in all likelihood it ' s going to be on the 27th but he hasn ' t turned out the agenda . ' Verne Severson: I guess in summary, I 'm all in favor of recycling and whatever but I think this is the wrong site for that kind of facility. I think they should find another site that won' t compound the traffic problems and maybe isn ' t so close to. . . N.A. Monroe, 565 Lakota Avenue: My property is north and east of this ' proposed facility. I oppose this facility and I 'm sorry to have to do this because I believe in private business and I 'm a small business person myself and I really hate to come out against somebody' s little business but that is just not the correct site for this kind of an operation. TH 101 is somewhat hazardous now. In fact, if we get more snow tonight , there will cars sliding down that road tonight. Having garbage trucks and II industrial trucks moving up and down TH 101 , I think would be extremely dangerous. Last year we had a cement truck that went out of control on Highway 101 and killed the driver down at that site. The school buses that carry children from Chanhassen, the drivers have orders not to use that highway when the buses are loaded with children . The Salton bus company will not permit it' s buses to go up and down TH 101 when they' re loaded . It is somewhat dangerous . We had a semi jack knife down there at 1 the bridge again and right at that site. It tied up traffic for half a day about a year ago. It ' s just not a good location for that . You ' re going to need a holding tank for your washing and I don' t know how large a II holding tank you can build but I know they have perpensity for leaking and overflowing . I think you' re going to need a location that has water and sewer and somewhat level property for all the handling of these materials. That' s a beautiful , quiet rural area and there are a lot of very expensive homes . Not only on our side of TH 101 but over on the Hesse Farm. I don ' t know if those people are aware of this development. I think you have several over there that look down on it . I 'm not sure. You can see them coming up TH 101. I think anything that increases industrial traffic on TH 101 will create a hazard . Thank you. Jim Sellerud: My name is Jim Sellerud. I live at 730 Vogelsberg Trail ' which is not an overlooking site but it ' s on the hill going up or down. I appeared before you a year ago and I came off rather mildly I think. I indicated some concerns for the City' s general approach to that entrance area to Chanhassen and the traffic planning there. I guess I figured at that time it was going to be so obviously inappropriate to place this use there that I didn' t have to come off very strongly but I guess you were led to other conclusions . I think it ' s appropriate , as I see it appropriate for all the Planning Commission is to enhance all areas of the City. That is to promote their best use and sometimes it' s said , highest and best use but I think you ought to be interested in having all areas of the city come to some fruition either as a residental area , agricultural or whatever and not to leave parts of the City out and not to have them left over areas that kind of are the catch all to use . Business fringe sort of has some of that connotation. Other conditional uses I think maybe habitually fall into some of those but I think in fairness to these people, I think you should, or fairness to any kind of development, your I II Planning Commission Meeting February 1, 1989 - Page 8 MC endorsement or approval should indicate a whole hearty approach to what I they' re doing and promote not just a minimal kind of activity but hopefully they will prosper . As you hear them speaking , they' re very interested in prospering and that their activity would grow in the City and the conditional uses should not overwhelmingly burden that activity. I Yet when I read the conditional uses that were imposed on them in the past , it sort of sounded like a begrudging approval . That well you can do it but, and then there was 26 or whatever conditions that seemed to have I been a burden on them. Financially I think some of the things would be kind of stiff as a capital investment to get into unless they are figuring on some bigger kind of activity. I think you ought to look to a 20 year plan where they' re going to be, not just what they' re starting out in the I first or second year but you should behind their dreams for 20 years down the line, as you would with any business . I guess with that in mind, I think it ' s even increasingly inappropriate to say that ' s the place to put I this kind of facility. I guess I have faith in them that they would maintain a clean yard . There would be no rodent problems . No odor problems and maybe no visual impact problems . Maybe it would operate like I a UPS where you 'd have clean items come in, clean items go out and the public would have some access to those sites but if you 'd envisioned a UPS facility that I happen to have a business near one, it ' s a traffic generater. As they get busier , there ' s traffic coming in and out. They I C say they look forward to having the public in general coming i.n and off that site. To further endorse the traffic concerns , if you picture the site and maybe the map shows enough detail , when you come under the I railroad bridge, vehicles coming this way, if they were to make a left hand turn , would have to stop, come almost to a stop. Mr . Teich came down on his tractor a couple years ago. He navigated that for probably 50 I years but he rolled his tractor there so you almost have to come to a stop in order to make a left hand turn and certainly with increasing traffic turning to make a stop to take a left hand turn onto that site . To make a left hand turn and make a stop here, with the current traffic volumes I during most times of the day, traffic is going to back up behind you. You' ll have one vehicle behind you or 2 vehicles behind you also stopped . Soon you' ve got 2 or 3 vehicles stopped up behind there , you ' re I immediately under this bridge. In terms of sight lines , you' re not going to see those cars or vehicles stopped in that traffic lane. Right now people are. . .Mr. Teich' s tractor going up and down the hill once in a while. But you' re going to have an immediate hazard and an increasing I hazard with any turning operations that this might involve. Whether or not you put in turning lanes or not , you ' re going to have a hazard that presents itself to unsuspecting drivers . For the other way, you ' ll be I able to have a right turn onto their property without as much difficulty but with the TH 101 alignment that I see here, everything is aimed at increasing traffic volumes on TH 101 . Purely from a traffic standpoint , I if the access is on TH 101 rather than as I hoped any of these uses down here would be off of TH 212, as I talked to you a year ago , it ' s just inconceiveable that you would promote any use that would be more than a ( residential use on that site . Any business use whatsoever is Irinappropriate I think coming off at that point and certainly not to promote additional uses with the public . Calling for the public to come in and off that site. I also am concerned about the flavor of that whole Isouth part of the city being the entrance to the city. The HRA or the i Planning Commission Meeting February 1, 1989 - Page 9 City put up the nice sign over here saying Welcome to Chanhassen . I think those of us who live a little further south like to think it' s welcome to Chanhassen down at the Y as well . That ' s our front door rather than I hope it isn' t the backdoor next to the alley. I would hope that you people wouldn ' t approach it that way. Some of the conditional uses that have been permitted down there tend to fall in that catch all kind of category. Where do we put them? Somebody bought the property. Well , we' ve got to let them use it. I think the Planning Commission can be more aggresive in permitting uses. Looking down the line, I guess I ' ve got a couple other questions on the , I 'm not sure if you' re the present owners of the property. The Teich house was burned by the City some time ago as a training exercise. It stands partially burned . Partially standing . It' s a little indicative maybe of concern that they haven' t fulfilled, typically what would happen , I would guess the City would ask that it be leveled and debris removed or whatever but it remains in an unsatisfactory situation. Down the line , I don' t know what the Planning Commission has had any involvement in the use of the rail corridor. Obviously that ' s been discussed at the County level and somewhat at the City and probably before you. The indications that I hear is that , and read, is that they need wider right-of-way along that part of Chanhassen. It seems to me that appropriate uses through this area may be, it may be that some of us neighbors , you may hear some neighbors in that area saying, well no let ' s 1 not have light rail transit or let' s not have a trail corridor going through there but we already have that and it seems to me, from my personal point of view, I think that ' s an appropriate type of use for that southern part of the city. Enhancing connections to the corridor links II which is TH 212, TH 169 and those support facilities. Hotels , motels , gas stations. They seem to fit . I 'd like them to be in good condition . I 'd like them to be run well but that ' s the kind of transition I think people expect coming into the City. I would guess 20 years down the line that that' s a logical place for a transit stop connecting to Shakopee. People to park and get on the transit facility or something . I recall train rides or transit rides , some city' s transits and the people who ride those look at what' s along the transit routes . They enjoy certain aspects . Chanhassen has a beautiful route along there. Either for a bike trail or a transit facility and I hope that that area down there just doesn ' t become sort of the forgotten waste land for the city and you kind of let it develop into odd places and pole barns and so forth. Anyway, those are my concerns. I think some uses kind of fit and may be appropriate. I know Planning Commissions and City Councils are often , feel their hostage to previous councils and previous actions because, well , as long as somebody approved it in the past and these poor people have made some investment, well , we've got to let them have their. This is America after all , we ' ve got to let them do what they can do. In this case at least , there' s not been a capital investment. Substantial capital investment other than the property. If you ' re going to turn it around , as you should obviously, this is the time to do it . Let them come in with their bigger plans rather than let it slip in now because if they put in some capital investment on a small scale, the pressure will be on you to approve the next one and approve the next one as you see many of those . You ' ve got many of those cases in your history. So I guess that takes care of my comments . 1 Planning Commission Meeting February 1 , 1989 - Page 10 Emmings moved , Batzli seconded to close the public hearing . All voted in favor and the motion carried. The public hearing was closed . ' Headla : That land down there sewered? We all remember the is d cussi.on , we talked about the well and I think you people had some good documentation ' and good rationale. We got into quite a discussion on the traffic at that time but, you had a dock and you had a concrete building and . . . This time I feel I 'm in the dark. I don' t know what you' re really proposing . I ' haven ' t seen documentation. I don' t know enough about it to even ask really any questions . Before I could even make a recommendation one way or the other, I 'd want to see some documentation on what you' re proposing . I 'm assuming this is grossly different than what you came in with a year ' ago. What I hear you say now and what I think you ' re doing, I can really support it if you' re in an industrial area . Industrial park. But what I think you ' re proposing, and I haven' t seen documentation, I 'd be very ' skeptical about it in .this situation. I think the traffic is an extremely serious problem there. I just shudder with that hill . I like to bicycle and if I start going down that hill and I have semis going down there behind me, I shudder about it . There' s a lot of traffic on that road . The other one is , I just don ' t think that type of operation fits into that area in our business fringe district . Put it in another place, then I could support that 100%. I1: Batzli : I guess those my sentiments to some extent . I don ' t believe that what is currently being proposed fits the definition of contractor ' s yard. ' It actually fits the definition of junk yard in our Zoning Ordinance and I don' t think junk yard is allowed in any district. I know solid waste landfill isn ' t allowed in any district and I can ' t find where junk yard is allowed. So that raises the issue in my mind of what exactly are they ' trying to do. If they' re just trying to extend their application, which is what you got at, would they still go ahead if all they can do is build Phase 1, which we ' ve already looked at because I have no idea of what ' Phase '2 is but it sounds a lot like it ' s not a contractor ' s yard and I would never vote to put it in this district as a contractor ' s yard the way it' s been described. I 'm unclear as to what they really want at this ' point. Conrad : They want an extension . Ellson : I don ' t have anything new. I 'm thinking exactly the same thing . I would want to see what the new thing is because it ' s not just an extension of the current , it ' s an ongoing , long lived type of set up and I ' can understand how difficult it must be when even the cities don' t know how they want to handle recycling yet you want to be the servicer of recycling. Maybe something that somebody else has done in an areal that ' s already, maybe your input to the City will help them decide what the recycling should be if you came up with directions but gosh, I find it hard to say, okay let ' s extend it and then having it be something totally different so I 'd rather see something totally different, if that ' s exactly ' what it' s eventually going to be. Emmings: I agree that since the plan seems to have changed . I don ' t see much sense in extending an approval for a plan that now is going to Planning Commission Meeting February 1, 1989 - Page 11 C change. I think we should act on a plan that we can see rather than something that ' s as up in the air as this seems to be. I think that the contemplation of having a facility that the public would use adds a dimension to the traffic that wasn' t there before and I think is a very serious problem. I 'm a little confused about what we did last time frankly. It seems like they have a conditional use. The staff report says they have a conditional use for a contractor ' s yard , conditional use permit for a contractor ' s yard but when I look under the conditional uses in the business fringe in the Ordinance, contractor ' s yard is not one of those. Hanson : I can clarify that . There was a change made to the Code prior to their application coming in that added contractor' s yards to the BF district. I had that same question when I first looked at it and it does not show up in the most recently printed code but there has been an amendment that allows that as a conditional use in the BF district . Emmings : Alright, then that clears that up. But , there is no conditional use for a recycling center . It seems to me we'd have to amend the ordinance to include a recycling center and attempt to establish, what we like to do with conditional uses , try and establish some standards and a recycling center I think has never come up. I don ' t know if we ' ve ever looked at that in any detail . I don ' t recall that we have . That ' s another step that I think we'd have to go through either before or at the same time that we have a concrete proposal in front of us . Layered on top of this of course is the fact that we' ve recently taken some action or been looking at taking contractor ' s yards totally out and not allowing contractor ' s yards at all in our city. This is something that happened • since we approved yours and as I recall , we were pretty unanimous that we didn' t want contractor ' s yards . That was going to be our recommendation to the City Council is that there not be contractor ' s yards in Chanhassen. They not be allowed here anymore, which is taking 180 degree turn since they were here and made their earlier application but I don ' t think we can ignore that. I 'm the one that made the motion to approve this and I recall several times thinking that I had done the wrong thing . Frankly I look at this. Number one, I think we shouldn' t extend it because we don' t know what it is they' re going to do and they' ve got to come in with a new plan anyway. Number two , I frankly think this is an opportunity to rectify what I think was a mistake in approving it last time. Erhart: I think what I ' ve heard tonight is definitely not a contractor ' s yard. It' s a business dealing with garbage, garbage trucks , whatever but it' s similar to a contractor ' s yard in that it ' s a business that has a lot of outside activity. Like any business , it ' s got to grow or it doesn' t go . That' s the nature of business . In that sense , it emphasizes what I ' ve always said and that is that contractor ' s yards and recycling or garbage businesses out to be in industrial parks where they can grow without an intrusion into a residential area . I think it sounds like a great business . My personal feelings are , I think you' re right , recycling is the future. I would like to see us take a positive stand on the whole issue and try to better understand what recycling is from the Planning Commission standpoint. I think I understand a little bit and I think we all think it' s a good idea and we ought to be supporting recycling . If 1 I Planning Commission Meeting February 1, 1989 - Page 12 that ' s the case , then I think we ought to take it as a task to find a ' place in the City as a designated district that we could not only allow to let Mr. Blood and Ms . Lee but perhaps encourage them and maybe even financially support building this kind of a business and putting in a place where it could grow over a 20 year period and support the City' s effort on garbage recycling . . . . I just don ' t think it fits the contractor ' s yard description that we have which is essentially an area of use of land for building, excavating, roadway construction, landscaping ' and similiar contractor ' s . I voted against the last , the last time this came before us. I could go through and repeat all the things I think most of us said here. The thing that I probably didn ' t hit on last time is that when garbage trucks operate, they do make a lot of noise. Again, I think it just , because of that , it fits into an industrial site where that noise can be isolated from residential areas . I guess with that , again, I haven' t changed my mind since the last time. The only thing I 'd like to ' add is I 'd like to see us take on the task of finding an area for recycling . Conrad : Steve, do you know what ' s happening to our current recycling project? It was scraped right? I was waiting to do that . Hanson : The facility down at the public works building? IiConrad : Yes . Hanson : Yes , that has been . We ' re in the process of putting together an RFP that we' ll be taking to Council for their authorization to send out to contractors hopefully at the next council meeting that that would be authorized which would be a one year , if you will , test period is what we' re looking at right now. It ' s kind of an educational thing and a test program to get it going which a lot of the cities are starting and some of them are farther ahead of us and some of us are farther behind . Conrad : Who ' s spearheading any kind of recycling effort here? Is it the City Council? Hanson : Staffwise , Jo Ann is so that ' s been part of the time lag . She and I, as a matter of fact , just met today about getting that to Council at this next meeting . Conrad : Any community pressures? Any community members talking about recycling in your brief period here? Hanson : I ' ve gotten several calls. Both in response to what was there before and it not being there now. Also , just because of the publicity that had been out before about when is the curbside recycling going to start taking place so I think there has been an interest out there. I don ' t have any way of gauging how strong that is . Conrad: Well , we' re doing a miserable job. I guess we can take some of the credit because we haven ' t been doing much in terms of forcing those issues and assuming that somebody else is doing it. It' s real pathetic. I hope we start doing something more aggressive . In terms of the issue at Planning Commission Meeting ' February 1, 1989 - Page 13 hand , on the one hand I 'm really glad you ' re in here . You ' re really up front with us and I appreciate that. Usually that' s the positive. Now the negative comments . It sounds like you have something different in mind than what you' re talking about because of recycling. I 'd want to, when we grant a conditional use or something , I really want to feel comfortable that we ' re encouraging businesses , one of our people in the public hearing said , I think you want to encourage it for a period of 20 years or so. We want to think it ' s growing and prosperous and we can count on it and whatever . Based on what you ' re saying in terms of your I growth, I honestly don' t think, and I 'm speaking for myself, but I think I can read the Council a little bit , at least the past Council and probably the Planning Commission, I just don' t think we could grant you additional ways to grow down there based on what your needs are. It ' s sort of out of sync with what our visions are of contractor ' s yard. In fact, it' s not in sync at all . Therefore , what I think is appropriate is what Tim said. I think we have to give_a directive to staff and say, where do we locate something like this in Chanhassen? Economically, what makes sense? I have a hard time believing that in our industrial park can economically hold a recycling center but I don ' t know the economics . I don ' t know that but I think it' s up to the Chanhassen staff and the groups to at least try and figure that out . I think it ' s something that we need . I think we have to decide if Chanhassen needs to designate a zone or an area or whatever where recycling can take place. But what I 'm hearing tonight , I think it' s really inappropriate that , based on what I hear the direction is, and I want to make sure that we can take care of you. I don ' t think it' s in your best interest if we extend the current permit because I know that your needs are going to be different than what we have given you permission to do and I know that in the future your needs are out of sync with that land use and you won ' t be able to do what you want to do . I think we need an area where traffic can come. Residential . Where community members can drop off the recycleables . I think we need a safe area. I think we' re going to have a lot more traffic on TH 101 based on the large amount of folks moving into the area and for a variety of reasons. I really think it' s appropriate right now that we not extend this . That we see that there could be another request made for a future, there should be another request made at minimum where we can take a look II at what your plans are. I think we should be forced to say, we like where you' re going for the next 20 years and not say, we see what you are today. That ' s not what you want from us and that ' s not what you want from the City. That would be a risky business venture. I would never do that if I I were you. Anyway, those are my comments . Erhart: I move to recommend denial of the extension of the conditional use permit for Admiral Waste Management ' s contractor ' s yard . Ellson: I ' ll second that . Erhart moved , Ellson seconded that the Planning Commission recommend denial of the Conditional Use Permit Extension Request for a contractor ' s yard for Admiral Waste Management. All voted in favor and the motion carried. I