4a&b. Nancy & Patrick Bloom, CUP for a Contractor's Yard and Wetland Permit V IT` , O F C. DATE: Jan . 20 , 1988
I
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��' C.C. :: 87::C:; 1988
C U ANZA: O CASE E�
1 ' . ` r 87-14 WAP
Prepared by: Dacy/v
ir ►
I STAFF REPORT
IPROPOSAL: Conditional Use Permit Request to Operate a
Contractor' s Yard and Wetland Alteration Permit
I Request for Development Within 200 feet of a .
F... Request
A Wetland.
Z
1 a
V LOCATION: North of and adjacent to TH 212 and east of and
J adjacent to TH 101 (10500 Great Plains Blvd. )
I CL
Cl. APPLICANT: Admiral Waste Management, Inc.
I < Patrick Blood and Nancy Lee
8275 Tamarack Trail
Eden Prairie, MN 55344
I ,
1
iPRESENT ZONING: BF, Fringe Business District
ACREAGE: 13 . 27 acres =2/Y/cji.
IDENSITY: N/A s _.//Qo/gig
I ADJACENT ZONING .211-/,'g
AND LAND USE: N- A-2; large lot single family—"residential
A-2; Minnesota. River Valley
IS-
Q E- BF; vacant commercial (proposed cold stor. .e
warehousing)
IQ . W- BF; existing motel units
WATER AND SEWER: Municipal water and sewer lines are not
t
W
available to the site.
IF.° PHYSICAL CHARAC. : The site contains steep slopes adjacent t.
(f) railroad tracks to the north and contains
Ia Class A wetland.
2000 LAND USE PLAN: Agricultural
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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
' 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-
II 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
' Resource Engineering
( Septic System Consultant) Attachment #4
' 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
Blood CUP and WAP 1
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 I
I
' 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
I
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 ,
q 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. , MI
Monday through Saturday only (work on Sundays and holidays
not permitted) .
1
' Blood CUP and WAP
January 20 , 1988
Page 6
I
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 .
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
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Blood CUP and WAP
January 20 , 1988
Page 8
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.
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
11 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.
I
I
Blood CUP and WAP
January 20 , 1988
Page 9
1
RECOMMENDATION - Wetland Alteration Permit
Planning staff recommends the Planning Commission adopt the 1
following motion:
"The Planning Commission recommends Wetland Alteration Permit 1
#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 . " I
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`� I 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
I
MEMORANDUM
TO: Planning Commission 1
FROM: Larry Brown, Assistant City Engineer c/6 I
DATE: January 14 , 1988
SUBJ: Admiral Waste Management Site Plan Review 1
Planning File No. 87-18CUP
The site is located near the intersection of Trunk Highway 101 1
and State Highway 169/212 . The subject parcel, Parcel A, is
comprised of an abandoned farmyard with steep side slopes on the
north property boundary and a flat low-lying wetland to the 1
south.
Sanitary Sewer
I
Municipal sanitary sewer service is not available to the site.
On-site septic systems have been proposed on the east side of 1
Parcel A. Each septic site should be staked and roped off prior
to the commencement of any construction.
Water
I
Municipal water service is not available to the site. Therefore,
on-site sources will have to be developed.
II
Driveway/Parking
The typical driveway and parking section as shown on the plan 1
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. 1
The 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
II
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
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 be 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
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/� ��� United States Soil -
1 '• Department of Conservation 219 East rr tage Road
• Agriculture Service Waconia, Minnesota 55387 I
I
Subject: CUP #87-18, WAP #87-14 Date January 5, 1988
II
To: Barb Dacy, City Planner File code: I
City of Chanhassen
690 Coulter Drive, P.O. Box 147
Chanhassen, MN 55317
I
Attached niease find a soil map sheet showing the approximate plat Ili
boundaries. Single sheet soil descriptions are also included. Be
sure to review these materials. This information is for general
planning materials only; for site specific questions consult a
qualified soils engineer.
II
The principle source of potential soil related difficulty is apparently
slope. The general development approach seems correct. Revegetating II disturbed areas will be critical and should be done at the earliest
opportunity. Recommendations are as follows:
r
1. A temporary diversion along the entire upper slope above the grading
II
site may prove very helpful in reducing gully damage to newly graded
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
I
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 I
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 II
staked on sodded areas.
Please call with yoy qu tions.
II
/ CITY OF CHANHASSEN
i, ,
7., '
tanle/Wendland JAN -6 7.2%'1
Distr(ct Conservationist II
CHANHASSEN PUNNING DEPT.
Enc.
1
The Soil Conservation Service tt(5 O)r
is an agency of the �� I
United States Department of Agriculture 'y .
' fZzt=° United States T Soil 219 East rontage Road
W. Department of Conservation Waconia, Minnesota 55387
Agriculture Service
I
ISubject: CUP #87-18, WAP #87-14 Date January 5, 1988
IITo Barb Dacy, City Planner File code
City of Chanhassen
I 690 Coulter Drive, P.O. Box 147
Chanhassen, MN 55317
II
--- Attached please find a soil map sheet showing the approximate plat
boundaries. Single sheet soil descriptions are also included. Be
sure to review these materials. This information is for general
t planning materials only; for site specific questions consult a
qualified soils engineer.
I 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
opportunity. Recommendations are as follows:
II I
1. A temporary diversion along the entire upper slope above the grading
site may prove very helpful in reducing gully damage to newly graded
IIslopes and channels on the site.
2. The cut slope on the northwest corner and the channel on the east
side will be the most difficult areas to re-establish into vegetation.
II
Storm water runoff velocities for the design storm should not exceed
4.5 fps or vegetation will be very difficult to establish. Cut slopes
and fill slopes should not exceed 3: 1.
I3. The plan calls for putting the hay bales 6" below grade. The average
size bale tends to be about 18" x 18" on the end. Does 1 ft. above grade
IIgive adequate sediment entrapment capacity?
4. Seeded areas should be mulched with an anchored mulch. Sod should be
staked on sodded areas.
IPlease call with yo - qu tions.
II ,; CITY OF CHANHASSEN
x/11 .s HA , S
7
' Wendtanle,�°
land JAN -C' ;(i
District Conservationist
CHANHASSEN PLANNING DEPT.
I Enc.
1 O The Soil Conservation Service i
is an agency of the 4�
United States Department of Agriculture Nsr„
15
RESOURCE ENGINES.dING
Roger E Machmeier, P.E. James L Anderson, C.PS S
29665 Neal Avenue 3541 Ensign Avenue, North
Lindstrom, MN 55045 New Hope, MN 55427
(612) 257-2019 (612) 593-5338
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. F" °
1
SPECIALISTS IN ONSITE SEWAGE TREATMENT
In addition to the service bay drainage and petroleum
products , it is likely that during the winter, road
chemicals will be washed from vehicles and introduced to the
1 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
1 is used at some commercial car washes .
Sincerely,
I ,1 ,
1 ames L. Anderson, C.P.S.S .
RESOURCE ENGINEERING
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CITY OF CHANHASSEN
WETLAND EVALUATION WORKSHEET
REFERRAL AGENCY COMMENTS
COMMENTS /Le_ : U2-630,,e. ) 1
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RECOMMENDATION dr; -t c,LLL c,771') C
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DATE OF INSPECTION "/,2 2-/e P-
S I GNATU RE C al �a cJ .
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1 CITYOF
_
Vii , , CHANHASSEN
�I 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
1
' MEMORANDUM
TO: Barbara Dacy, City Planner
FROM: Steve Madden, Fire Inspector ,
DATE: November 30, 1987
1 SUBJ: Admiral Sanitation Plans
1 Upon review of the plans for Admiral Sanitation, the following
must be included:
1 1 . A fire lane must be installed around each building. This
roadway must be 20 feet in width and have an all weather sur-
face (Ord. 62-A, Section 10 . 207 ) .
1 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) .
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
' must be submitted to our office for approval.
6 . Emergency lighting must be installed (Ord. 62-A, Life Safety
Code 5-9) .
1 The items are required to insure early detection and suppression.
1 1/15/88 Update: Condition #1 is recommended to be removed since
the topography of the site prohibits such an access drive.
1 Because of the small size of the building and the fact that it is
being sprinklered outweighs the need for an access drive.
1
1
4 4Es0,4 Minnesota
o Department of Transportation
District 5
4j 2055 No. Lilac Drive
.17'0F TO'Tapa Golden Valley, Minnesota 55422
January 15, 1988 (612)593- 8403
Ms. Barbara Dacy, City Planner
City of rn -.0ssei i
690 Coulter Drive, P.O. Box 147
Chanhassen, MN 55317
Re: S.P. 1013/1009 - TH.212/101 - Plat Review
of Admiral Sanitation located in the NE _
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
plat acceptable for further development with consideration of the following
comments:
- Mn/DOT owns access control along the south boundary of this plat and
therefore no access to T.H. 212 will be granted. Note T.H. 212 is
labeled as "Highway No. 169" on the plat.
- The proposed access to T.H. 101 will require a permit and specific 1
design details for the entrance can be worked out when application is
made for the permit. The entrance as proposed on the plat dated Dec.
29, 1987. appears to be acceptable. We do suggest that the approach
grade to T.H. 101 be designed as flat as possible and 30' radii be
used off of T.H. 101.
- In the past, there has been severe groundwater problems to the east of
this area which has caused some roadway icing problems. Therefore, it
is -;u<igested that the development not be allowed to impact the existing
wetland area.
It .ou nave any questions in Legird to this review, please contact Evan Green
at 593-8537. Thank you or your cooperation in this matter. '
Sinc- • 1
- . - 1
' . M. Crawford, 1'.E.
District Engineer
cc: Steve Keefe - Metropolitan Council
Roger Gustafson - Carver County JAN 1 5 1988
CITY OF CHANHASSE.N'
An Equal Opportunity Employer 1
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t. House. 6. Offices •
shall he 3. Equipment rental
each lot. • 7. Retail shops 4. Screened outdoor storage
mired to 8. Miniature golf 5 Major auto repair an.- v shops
9. State licensed day care center -a 5-13-5 Lot Requirements and Set.. The following minimum requirements
main ve• 10. Car wash shall be observed in a"BG'utstrict subject to additional requirements,
upon any I1 Convenience store with or without gas pumps exceptions and modifications set forth in this Ordinance. I
12. Personal service establishment 1. Minimum Lot Area:20,000 square feet.
camping. 13. Liquor stores 2. Minimum Lot Frontage: 100 feet(except lots fronting on a cul-de-
of over- 14. Health services sac shall have a minimum 60 foot frontage in all districts).
three (3) IS. Utility services 3. Minimum Lot Depth. 150 feet. I
a recrea- 16.Shopping center 4 Maximum lot coverage: 70%.
cser,the 17. Private clubs and lodges 5 Setbacks. Off-street parking areas shall comply with all yard re-
cc(3)sail 1 8. Community center quirements of this section,except that no rear yard parking setback
rtcrs,sail 19 Funeral homes shall be required for lots directly abutting railroad trackage;and,
5-11.3 The following are permitted accessory uses in a "1311" district. no side yard shall be required when adjoining commercial uses
t on any 1 Signs establish joint off-street parking facilities,as provided in Section I
csifiwlly 2. Parking lots 7-1-7,except that no parking areas shall be permitted in any required
k shall be 5.11-4 The following are conditional uses in a "Bll"district
he stored
g side street side yard.Minimum rear yard shall be 50 feet for lots
perm's-A- 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.
•
lot unless 3. Small vehicle sales A. Front yard:25 feet..
I
is at least 4. Screened outdoor storage B. Rear yard: 25 feet.
5-11-5 Lot Requirements and Setbacks.The following minimum requirements
reefed on C. Side yard: 10 feet.
ntage.In shall be observed in a"BH"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
ach addi- 1. Minimum District Area in Acres:ten(10).(May be waived by con-
ditional user permit if expansion of existing district.)
,shall be SECTION 14. "BF" FRINGE BUSINESS DISTRICT
2, Minimum Lot Area.20,000 square feet. 5-14-1 INTENT. Accommodate limited commercial uses without urban
3. Minimum Lot Frontage:100 feet(except lots fronting on a cul-de-
in width, services.
i
i
shall have shaave a minimum 60 foot frontage in all districts).
following 5-14-2 The folowing are conditional uses in a"BF"district:
I
4. Minimum Lot Depth: 150 feet.
sight-line 1. Automotive service station without car washes
l
5. Setbacks. Off-street parking areas shall comply with all yard re-
feet.The 2. Truck/Trailer rental
quirements of this Section,except that no rear yard parking setback
"or"L" 3. Utility services
directly d for h
sall be required ots rectly abutting railroad trackage;and,
of length 4. Outdoor display of merchandise for sale
no side yard shall be required when adjoining commercial uses
'any such 5. Cold storage and warehousing I
establish joint off-street parking facilities,as provided in Section
5) feet in 1143 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
side street side yard.Minimum rear yard shall be 50 feet for lots
e,provid- directly abutting any Residential District.Side street side yards shall 2. Signs
lakeshore 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,
A. Front yard:25 feet. I
mon dck exceptions and modifications set forth in this Ordinance.
B. Rear yard:20 feet.
ock other- 1. Minimum Lot Area:20,000 square feet.
C. Side yard: 10 feet.
.:e, - 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).
7. Maximum Height:
stage.No 3. Minimum Lot Depth: 150 feet. -
every 200 A. Principal Structure:two stories 4. Maximum Lot Coverage:40%.
I
B. Accessory Structure:one story. 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
t 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
nal beach objectives. 7-1-7,except that no parking areas shall be permitted in any required' - I
tance 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
swimming 1. Bowling center directly abutting any Residential District.Side street side yards shall
i conform 2. Retail shops be a minimum of 25 feet in all districts.
3. Offices A. Front yard:25 feet, It
ur'ed both 4. Standard restaurants - - B. Rear yard:20 feet.
hundred 5. Liquor stores C. Side yard: 10 feet.rk,of not 6. Entertainment 6. Maximum Height:
?Mich has 7. Convention and conference facilities A. Principal Structure:one story t
ch lot ac- 8. Financial institutions `" Accessory Structure:one.
flit under 9. Health care facilities SECTION 15. "0I" OFFICEAND INSTITUTIONAL DISTRICT
-esidential 10.-Hotels 5-15-1 INTENT. Public or quasi-public nonprofit uses and professional,
I1.Specialty retail (including but not limited to jewelry, book, sta- business and administrative offices.
aft,where tionery,bible,camera,pets,arts and crafts,sporting goods) 5-15-2 The following uses are permitted in an"OI"district:
ner/occu- 12.Supermarkets 1. Schools ,
lam right 13.State licensed day care center as part of shopping center 2. Churches I
14.Personal service establishments 3. Public buildings
acks,and 15.Shopping center 4. Post office
sroved by 16.Health and recreation clubs 5. Fire station
17.Fast food restaurants as part of shopping center 6. Library
s: 18.Utility services 7. Museum
it arterial 19.Personal services 8. Health services/hospitals -
20.Apparel sales 9. Nursing homes
/ill not be 21.Bars and taverns 10.Community center •
22.Clubs and lodges 11. Public recreational facilities
1 acres of - 23.Convenience stores without gas pumps 12.Utility services
24.Cultural facilities 13.Professional,business,and administrative offices I i
station. 25.Department stores 14.Funeral homes ,
I. 26.Home furnishings 5-15-3 The following are permitted accessory uses in an"01"district: i
isle family V.Newspaper offices 1. Parking lots
28.Multiple family dwellings,including senior citizen housing 2. Signs
r 29. Print shops 5-15-4 The following are conditional uses in the"0I"district: I
id service 30.Community center 1. Adaptive reuse of vacant public or private school buildings for
31.Hardware goods private business uses. ' 1
5-12-3 The following are permitted accessory uses in a"CBD"district: 5-15-5 Lot Requirements and Setbacks.The following minimum requirements •
I. Parking lots and ramps shall be observed in a"0I"District subject to additional requirements,
2. Signs exceptions and modifications set forth in this Ordinance. I i
5-12-4 The following are conditional toes in a"CBD"district: 1. Minimum Lot Area: 15,000 square feet. t
1. Temporary outdoor display of merchandise for sale 2. Minimum Lot Frontage:75 feet(except lots fronting on a cul-de-
2. Freestanding fast food restaurants sac shall have a minimum 60 foot frontage).
I
1!
3. Farmer's Market 3. Minimum Lot Depth: 150 feet. -
4. Convenience store with gas pumps 4. Maximum lot coverage:659s f
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 in a"CBD"District subject to additional requirements, quirements of this Section,except that no rear yard parking setback #/...5 i exceptions and modifications set forth in this Ordinance, shall be required for lots directly abutting railroad trackage;and,
II 1
. I,,.nenic l,IC III kal Mil
tat g setback line;. 3 Swimming pore.
erected,memtamed or stored upon any
4. Tennis counk C No boat,trader, motor vehicle,includ
5. Signs �
6. Home occupations cars,trucks,motorcycles,motorized m
7. One dock hide or snowmobile shall be driven upt
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 used i
E. Boat launches are prohibited.
2. Day care center F No recreational beach lot shall be used
Tories/40 feet. 3. Boarding houses •
ories/40 feet. 4. Group home serving from seven to sixteen persons night storage or overnight mooring o!
5. Recreational beach lots , motorized or non-motorized watercraft
6. Temporary real estate office and model home tional beach lot is allowed more than o,
7. Churches
allowed number 01 boats may be cluster
I
5-8-5 Lot Requirements and Setbacks.The following minimum requirements boat moorings shall also be allowed.Ca:
RESIDENTIAL DISTRICT shall be observed in an "R-12" District subject to additional re- boards,and small sail boats may be set
subdivisions. quirements,exceptions and modifications set forth in this Ordinance. recreational beach lot if they are stored
m an "RSF"district: -1. Lot area:7,500 square feet per dwelling for two-family dwellings; designed for that purpose.No more tha:
3,600 square feet per dwelling unit for townhouses and multi-family allowed per dock:No more than six(6)w&
dwellings on a rack.Docking of other watercraft o.
I or twelve or fewer children 2. Lot Frontage:50 feet per dwelling unit for two-family dwellings(ex- ble at any time other than overnight.
ing six or fewer persons a that lots fronting on a cul-de-sac shall be 50 feet in width at G. No dock shall be permitted on any recrea
pt it has at least 200 feet of lake frontage
and model home the building setback line for two-family dwellings);- a 100 foot depth.No more than one do
RS
11)5 uses in an" F"district: 150 feet for townhouses and multiple family projects.
3. Lot Depth: 155 feet. a recreational beach lot for every 200 fe•
addition.30,000 square feet of land is req
4. Maximum Lot Coverage: 35% and an additional 20,000 square feet is r
5. Setbacks: tional dock.No more than three(3)do.
A. Front yard:25 feet. erected on a recreational beach lot.
B. Rear yard:25 feet. H. No recreational beach lot dock shall exce
I C. Side yard: feet, and no such dock shall exceed the gee
6. Maximum Height:
lengths: (a) fifty (50) feet or, (b)the r
A. Principal Structure:three stories/40 feet.
distance necessary to reach a water dept
B. Accessory Structure:one story/15 feet.
es in an"RSF"district: width(but not the length)of the cross-b:
SECTION 9. STANDARDS FOR CONDITIONAL USES IN shaped dock shall be,included in the c
Ilisions of the horse ordinance AGRICULTURAL AND RESIDENTIAL DISTRICTS described in the preceding sentence.The
5-9-1 In addition to the standards required by 3-2-3,the following standards dock shall not measure in excess of tv
Slum 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 dock
" District subject to additional re- A. Two(2)off-street parking spaces plus one(1)additional space ed,however, that the owners of any n
ions set forth in this Ordinance. per rental room must be provided; sites may erect one common dock within
B. There shall be no more than one employee in addition to the appurtenant to the abutting lakeshore sit(
t lots fronting on a cul-de-sac shall residents; is the only dock on the two lakeshore site
ilding setback line). C. Establishment must be owner occupied; wise conforms with the provisions of t
D. There shall be 5 or less rooms for rent;and J. No sail boat mooring shall be permitte
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 feet
to the same for 7-16 person(s). more than one sail boat mooring shall b
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 the dwe
requirement; appurtenant rights of access to any recre
- B. The structure must be in compliance with local building and be located within at least one thousand(I
stories/40 feet. fire codes; tional beach lot.
stories/40 feet. C. The site will be reviewed annually through a public hearing pro- L. All recreational beach lots,including
SITY RESIDENTIAL DISTRICT cell;and lots established prior to the effective date
heel residential development at a max- D. Septic systems must be in compliance with Ordinance No.IOB, be used for swimming beach purposes,
units per acre. Individual Sewage Treatment Systems. areas are clearly delineated with marker
an"R-4"district: 3. Commercial Kennels,Stables and Riding Academies to United States Coast Guard standar(
A. The structure must be in compliance with Horse Ordinance No. M. Each recreational beach lot shall have a
56; at the ordinary high water mark and a
I open space •- B. The site must be located on a collector street;and (100)feet landward from the ordinary h
er persons C. The structure must be a minimum of 200 feet from wetland less than four(4)lineal feet for each d
or twelve or fewer children area. .rn! ■ appurtenant rights of access to the rec
4. Contractor's Yard cruing to the owners or occupants of tt
model home A. Five acre minimum lot size; applicable rules of the homeowner ass
essory uses in an"R-4"district: B. All storage and yard areas as well as buildings must be set back housing developers.
I100 feet from public or private road right-of-ways and 500 feet N. Overnight docking,mooring,and stora;
from an adjacent single family residence; allowed,is restricted to watercraft own
C. The site must be located along a collector or minor arterial as pant or renter/occupant of homes which
identified in the comprehensive plan; of access to the recreational beach lot.
D. All outdoor storage areas must be completely screened by 100% O. The placement of docks,buoys,diving!
_t;, opaque fencing or berming; other structures shall be indicated on a
• E. No two contractor's yards shall be located within one mile of the City Council.
in an"R 4"district: - each other•- 13.Electrical substations subject to the followi
F. Hours of operation shall be from 7 o'clock a.m.to 6 o'clock A. The substation must be served by a coil
i.- < - - p.m.,Monday through Saturday only(work on Sundays and street as designated in the Comprehen
' , holidays not permitted); B. The substation will not have sanitary fs
G. Light sources shall be shielded;and used for habitation.
116 following minimum requirements o outside�eakerjvstems< C. The substantion will be located on at
subject to additional requirements, 5. Commercia ommunication Transmission Tower �'� property.
forth in this Ordinance. '_A. Transmission towers not designed to collapse progressively shall D. A six(6)foot high security fence sure
detached single-family dwelling unit; be set back from all property lines a minimum distance equal E. A landscaping plan be submitted for
Isfor two-family dwellings. to the height of the tower. F. Substations shall be a minimum of 500
-family dwelling;50 feet per dwell- 6. Wholesale Nursery residences.
(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 BUSINE:
at the building setback lines for single- tified in the comprehensive plan; 5-10-1 INTENT. Limited low intensity neighbonct
for two-family dwellings. B. Five acre minimum lot size; establishments to meet daily needs of resident
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"
tructures and paved surfaces:30%. 100 feet from public or private road right-of-ways and 500 feet, - 1. Convenience stores without gas pumps
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 pick-up stations
E. All outdoor storage areas must be completely screened by 100% 5. Day pa center
opaque fencing or berming; 6. Personal service establishments
stories/40 feet. F. Hours of operation shall be from 7 o'clock a.m.to 6 o'clock 7. Professional offices
e story/15 feet. p.m.,Monday through Saturday only(work on Sundays and 8. Small appliance and shoe repair shops
VI DENSITY RESIDENTIAL , , holidays not permitted); 9. Health services
I10.Veterinary dines
owners shall be determined by the Zoning Administrator from fecting an area of five(5)acres or less,notice of the hearing shall be
records provided by the applicant. mailed at least ten(10)days before the date of hearing to each owner than fifty pert
3, Decisions of the Board The Board share- npowered to decide of property within the area ? sed to be changed and owners of pro-
A noncmay br
• appeals and grant variances only when i ,cision of the Board perty situated wholly or paisk within five hundred(500)feet of the degree may be
is by a unanimous vote. properly to which the amendment relates.The failure of a property vided the s
A simple majority vote or split vote by the Board shall serve only owner to receive notice as specified herein shall not invalidate the public damage a c
hearing or the amendment proceeding.Where appropriate,notice shall a single-f 1.
as a recommendation to the City Council,who shall then make the 3-5-7 Normal r
final determination on the appeal or variance request within thirty also be given to affected homeowner's associations.
(30)days after receipt of the Board's action. If a development is proposed adjacent to a lake or will affect the usage permitted.
The Board shall act upon all appeals of the lake,the applicant shall provide the City with a list of property
3-5-8 Issued P t
po ppeals and variance requests within P Pe Y plans,co c
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.Any vide mailed notice to the lake homeowners as in compliance with the a builce, rr
y person or persons,ag- finance, i
grieved by any decision of the Board,including the applicant or any procedures above.The applicant is responsible for meeting with affected
according to s
person owning property or residing within five hundred(500)feet homeowners. the date of ss
of the property to which a variance application relates,may appeal 3-3-4 Commission Action.Following conclusion of the public hearing held
such decision to the City Council by filing an appeal with the Zon- by the Planning Commission,the Commission shall report its findings 3-5-9 Status of r
ing Administrator within ten(10)days after the date of the Board's and recommendations on the proposed amendment to the Council.If Develo
Commis-
decision.The procedure governing appeals to the Board shall also no report of recommendation is transmitted by the Planning Commis- develo or fc
govern appeals to the City Council. sion within sixty(60)days following referral of the amendment to the the use or stru
Commission,the Council may take action on the amendment without deemed alto it
S. Council Action. By majority vote,the City Council may reverse, Y ed as a c t
affirm or modify,wholly or partly,the decision appealed from the awaiting such recommendation.
Board,and to that end the City Council shall have all the powers 3-3-5 Council Action.Following Planning Commission;consideration or to not recede
the expiration of its review period,the Council may adopt the amend- mg if th e
) of the Board.The Council shall decide all appeals within thirty(30) SECTION 6. SITE I
days after the date of the required hearing thereon. ment or any part thereof in such form as it deems advisable,reject the
amendment, or refer it to the Planning Commission for further 3-6-1 Approval
6. Denial.Variances may be denied by the Board and the Council,and
such denial shall constitute a fending and determination that the con- consideration. mendatio t
ditions required for approval do not exist. SECTION 4. BUILDING PERMITS,CERTIFICATES OF OCCUPANCY, plan appG
7. Action Without Decision.If no decision is transmitted by the Board FEES ly districts d
to the City Council within sixty(60)days from the date of an ap- - Building Permits. sion of a build
peal or variance request is filed with the Zoning Administrator,the I• No person shall erect, construct, alter, enlarge, repair, move or of use,in rt
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
cedures governing the Board,without further awaiting the Board's ing a building permit. 3-6-2 Exception i
decision. 2. An application for a building permit shall be made to the City on approval:
a form furnished by the City.All building permit applications shall 1. Constructic
SECTION 2. CONDITIONAL USE PERMITS be accompanied by a site plan drawn to scale showing the dimen- tial bu'
3-2-1 Purpose.Conditional uses include those uses which are not usually allow- , sion of the lot to be built upon and the size and location of any 2. Enlarg i
ed within the zoning district,but which may under some circumstances existing structures and the building to be erected,off-street parking floor a
be suitable.The applicant shall have the burden of proof that the use and loading facilities and such other information as may be deem- vided
is suitable and that the standards set forth in this Section have been met. ed necessary by the City to determine compliance with this and other 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 d e
public hearing,public notice and procedure requirements for conditional in conflict with the provisions of this Ordinance.The City shall issue result i
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 Applicatio 1
Article III,Section 3 except that the permit shall be issued on the af- plans comply with the provisions of this Ordinance, the State ty Planner t
firmative vote of a majority of the entire 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 considere
permit may vary with the specific use and the district in which it is ninety (90) days or substantially completed within one (I) year 1.
located,all applications for such permits must include at minimum a following the date of the issuance thereof,said permit may become 2. The ap ite plan that clearly illustrates the following:proposed land use building void at the discretion of the Zoning Administrator upon submis- 3. Compl si
mapping and functions,circulation and parking areas,planting areas sion of documented evidence. Written notice-thereof shall be landscape a
and treatment,sign locations and type,basic lighting concerns,the rela- 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. G
pacts and demand for Municipal services. building permit has been obtained. 1) a
3-2-3 Standards.The Planning Commission shall recommend a conditional 3-4-2 Certificates of Occupancy. 2) a
use permit and the Council shall issue such conditional use permits only 1. In accordance with the Uniform Building Code,a certificate of oc- ern
if it fords that such use at the proposed location: cupancy shall be obtained before:(i)any nonagricultural building, 3) Lei
1. Will not be detrimental to or endanger the public health,safety,corn- except an accessory building,hereafter erected or structurally altered 4) a
fort,convenience or general welfare of the neighborhood or the City. is occupied or used;and(ii)the use of any existing nonagricultural e
2. Will be consistent with the objectives of the City's Comprehensive building,except an accessory building,is changed. 5) is
Plan and this Ordinance. 2. Application for a certificate of occupancy shall be made to the City mei
3. Will be designed,constructed,operated and maintained so to be as part of the application for a building permit.A certificate of oc- nat
compatible in appearance with the existing or intended character of cupancy shall be issued by the City following completion of the 6)
the general vicinity and will not change the essential character of building permit activity and a determination that the building and �rt
that area. its proposed use complies with this Ordinance and the provisions
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- '
including streets, police and fire protection, drainage structures, tificate of occupancy for a period not to exceed six(6)months when
- refuse disposal,water and sewer systems and schools;or will be serv- work pursuant to a building permit is in progress.A certificate of
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 I
6. Will not create excessive requirements for public facilities and ser-, by resolution of the Council.
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,
?,,_ fic,noise,smoke, fumes,glare,odors,rodents, or trash. streets, lakes, ponds, drainageways, wetlands, and developed
8. Will have vehicular approaches to the property which do not create ro er
P P tY• B. SIT
,f-- traffic congestion or interfere with traffic on surrounding public 2. A satisfactory grading and erosion control plan shall provide spot 1) Pro
,.e thoroughfares. elevations of proposed grades in relation to existing grades on the
_;£;,, 9. Will not result in the destruction,loss or damage of solar access, subject property and adjacent land.Areas where the finished slope
natural, scenic or historic features of major significance. will be steeper than five(5)units horizontal to one(1)vertical shall
10. Will be aesthetically compatible with the area, be specifically noted.Also,locations of erosion control(staked hay 2) rat
11.Will not depreciate surrounding property values. bales or reinforced silt fence)shall be clearly labeled. - feati
' 12. Will meet the standards prescribed for certain uses as provided in 3. Every effort shall be made to minimize disturbance of existing • f
• • V,Section 5-9 and 5-17, ground cover.No grading or filling shall be permitted within forty e
3-2-4 Conditions. In reviewing applications for conditional rmits,the (40)feet of horizontal distance to the ordinary high water mark of 3) t
' fanning Commission and the Council may atta reasonable condi- a water body unless specifically a
Y p y pproved by the City. Also, to v
:t.... ''s -'•• tions to mitigate anticipated adverse impacts associated with these uses, minimize the erosion potential of exposed areas, restoration of of-w
S ,..4,--°T1,_to protect the value of other property within the district,and to achieve ground cover shall be provided as quickly as possible after comple-
• the goals and objectives of the Comprehensive Plan.Such conditions tion of the grading operation.
may include,but are not limited to, the following: 4. Every effort shall be made during the building permit application 4) lir
1. Controlling the number,area,bulk,height and location of such uses. process to determine the full extent of erosion control required.
2. Regulating ingress and egress to the property and the proposed struc- However,the City Engineer shall be empowered to require additional servi
I • tures thereon with particular reference to vehicle and pedestrian safe- controls to correct specific site related problems as normal inspec- e
:... r, P
3
Planning Commission Meeting
May 13 , 1987 - Page 14
IErhart moved, Siegel seconded that the Planning Commission recommend
that telephone equipment buildings be regulated as a conditional use with
1 the following conditions :
1. The site must provide landscaping as required in Article VIII,
ILandscaping and Tree Removal Regulations .
2. The driveway surface shall be surfaced with a hard, all-weather,
dust free, durable surfacing material and concrete curb.
I3. The applicant shall receive access permit from the regulating
party.
I4. The building shall meet all setbacks of the district in which it is
located.
I 5. The building exterior shall be architecturally consistent with the
surrounding neighborhood .
IAll voted in favor except Wildermuth and motion carried .
Wildermuth: I don't think it really has to come before the Planning
ICommission 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
Ioverhead. They are all buried at this time?
Bob Docken: They' re buried .
I
IZONING ORDINANCE AMENDMENT TO AMEND ARTICLE V, SECTION 14, BUSINESS FRINGE
DISTRICT TO ALLOW CONTRACTOR'S YARDS AS A CONDITIONAL USE, PATRICK AND NANCY
BLOOD.
IBarbara Dacy presented the Staff Report on this Zoning Ordinance Amendment.
IPatrick 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
it nice. Everything inside storage or landscaping to reduce any sight that
Imight be distasteful to anybody.
Emmings moved, Siegel seconded to close public hearing. All voted in favor
1 and motion carried .
W/0
Planning Commission Meeting
May 13 , 1987 - Page 15
Headla: On the recommendation, the '
previous one, didn't we spell out
explicitedly there was no vehicle repair?
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 .
Dacy: 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 . . .
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
sudden start a major repair for vehicles in that area .
Siegel: We allow service stations already in that area so you can't
restrict somebody else from making repairs to a vehicle when you have a
business allowed in there that is exclusively doing that.
Headla: I'm concerned about repairs like that. If they do on continuously, I
I think we ought to put a condition about that.
Siegel : I'm just making the point that we already allow these service
stations in this district.
Headla: Who was notified of this? Were adjacent landowners? The people up I
on the hill , were they notified?
Dacy: They would be notified if we had a specific application. After this
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.
Headla : 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.
Siegel : I have nothing to add.
Emmings: I don't have any questions. I agree with the Staff's
recommendations.
Erhart: Is that storage area that's screened 1000, that doesn't request ,
1
1
k it
IIPlanning Commission Meeting
May 13 , 1987 - Page 16
I anybody though in the area that they're using during the day to do the
Y g 9 Y
repairs and back and forth with the trucks coming and going, there's nothing
IIthat really requires landscaping .
Dacy: In our past applications we have requested them to outline what is a
Istorage area and we have required a landscaping plan along with that.
Erhart : You don ' t think you need to have that in there?
1 Dacy: No.
Erhart: Okay, then the only comment is, I think for the benefit of the
I 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
I 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
I it, as far as I know, might be the weight restrictions on that particular
road .
INancy 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 .
1 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 .
I Erhart: Other than that , my only comment is that we have to get a trail
easement along there .
IConrad : 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,
II 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
and motion carried.
I CONDITIONAL SE
U PERMIT FOR A RECREATIONAL BEACHLOT ON PROPERTY ZONED A-2,
IAGRICULTURE ESTATES AND LOCATED AT THE NORTHEAST CORNER OF TH 101 AND CR 14
(PIONEER TRAIL) , GEORGE NELSON.
Jo Ann Olsen presented the Staff Report on this item.
IWayne 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
Iright 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
II
Lk.-4A
City Council Meeting - June 15, 1987
be 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
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
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.
Pat Swenson: Would there be any advantage Gary in putting a collar around the
lake area during construction?
s Mayor Hamilton: That's already in there. 1
Councilman Johnson: That's number 4, floating siltation fence.
Councilman 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: I
9. 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.
All voted in favor and motion carried.
CONSENT AGENDA: ZONING ORDINANCE AMENDMENT ESTABLISHING CONDITIONS FOR i
RECREATIONAL BEACHLOTS IN AGRICULTURAL DISTRICTS, FINAL READING.
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
lines that when a rural beachlot came under a urban designation that it would 1
be considered under those standards. Clark worded it a little better than
that but that's the intent. That's my only comment.
Councilman Boyt moved, Mayor Hamilton seconded to correct the Zoning Ordinance i
Amendment Establishing Conditions for Recreational Beachlots in Agricultural
Districts to accurately follow as stated in the Minutes of the City Council
meeting June 1, 1987. All voted in favor and motion carried.
Councilman Boyt moved, Mayor Hamilton seconded to approve the Zoning Ordinance
Amendment Establishing Conditions for Recreational Beachlots in Agricultural II
Districts, Final Reading. All voted in favor and motion carried.
ZONING ORDINANCE AMENDMENT TO ALLOW CONTRACTOR'S YARDS AS CONDITIONAL USES IN I
t.THE BUSINESS FRINGE DISTRICT, PATRICK BLOOD AND NANCY LEE.
Barbara Dacy: The Council directed Staff to notify surroudning property
owners. That was done. Some property owners may be here tonight.
16
I
169
I
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.
1 1 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?
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.
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
I
. k t
LAND DEVELOPMENT APPLICATION 4 I
CITY OF CHANHASSEN f
690 Coulter Drive t
Chanhassen, MN 55317
I
(612) 937-1900
PA- 1Q Q ca LcoC
APPLICANT: i\NYlleAL-03ASCE yE ER
=, N�tVC� �e�
I
ADDRESS ` a�S m.A.P�C e_p L-ADDRESS ci\vyl-e.
4' p Code Zip Code
TELEPHONE (Daytime) 0,1=51-� ) TELEPHONE I S, ■rnF
REQUEST:
Zoning District Change Planned Unit Development
II
Zoning Appeal Sketch Plan
Preliminary Plan
II
Zoning Variance Final Plan
Zoning Text Amendment Subdivision
IILand Use Plan Amendment Platting
Metes and Bounds
Conditional Use Permit
___K
Street/Easement Vacation II
Site Plan Review
N' Wetlands Permit
IIPROJECT NAME ,
PRESENT LAND USE PLAN DESIGNATION I
REQUESTED LAND USE PLAN DESIGNATION
PRESENT ZONING Fes;Noc,E ( ). 5 _1 >-.P \c-t.. C I
REQUESTED ZONING tiQ C'.._vt�Wz,G
USES PROPOSED Corte-\--p p.,c-r-C)F.S \ j
SIZE OF PROPERTY �� l II
LOCATION \(I� C:) C. ��A.- - �t t fvS L..\\C�
REASONS FOR THIS REQUEST 1, a ; `ak ._ ' GV,.. 0 l ""• , I
II
LEGAL DESCRIPTION (Attach legal if necessary ) I II
h
I
I City of Chanhassen
Land Development Application
;Page 2
IIFILING INSTRUCTIONS :
IThis application must be completed in full and be typewritten or
clearly printed and must be accompanied by all information and
plans required by applicable City Ordinance provisions . Before
II filing this application, you should confer with the City Planner
to determine the specific ordinance amend procedural requirements
applicable to your application.
FILING CERTIFICATION:
I The undersigned representative of the applicant hereby certifies
that he is familiar with the procedural requirements of al
applicable City Ordinances . all
Signed By _ Date
I Aicant _
•
IThe undersigned hereby eby certifies that the applicant has been
I authorized to make this application for the property herein
described.
ISigned By � Date �� /L
O ner �c [/ �
I0 r a o 1 Goa 6- _,e___
(;-"D A 0(,(--,....."..,"-'t-i,,.,_,
v UU
-A5-(-,„0-9-v--/- ) --6 c-tA
D
(q.,
ate Application Received 1 j j
I Application Fee Paid
4 •' r
City Receipt No. 4
I
I * This Application will be cgrfsidered by
the Planning Commission/
Board of Adjustments and,--Appeals at their
meeting . /
r
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 ,
n carry this forth
orth
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 . ,
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 II
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 et
people to realize the trees got to stay there. to g et some other
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
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 62.80 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
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
ton trucks with a 6 yard packers . . .
' Jim Sellerude, 730 Vogelsberg Trail: I live at this location here and
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 be 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
Planning Commission Meeting ,
January 20, 1988 - Page 21
I
for this lot . Because MnDot has some access requirements , I don ' t
think that ' s . . . As an interim solution , I think access could be
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
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
notorious entrance to the City.
Conrad: You have some good comments . Mark, when you looked at the TH
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 deemphasize this area that
they not be pursued?
Mark Koegler: He brought up a couple good comments . First of all , on
your second statement in terms of deemphasizing the area , that
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
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
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
and access issues . If you don ' t desire that much detail , it
certainly would he appropriate to handle it verbally. Just a policy
type statement . How do you think we should handle that , might be a
better approach.
Headla moved , Emmings seconded to close public hearing. All voted in
favor and motion carried.
Headla : How many people did you say were going to be here? Work
here, two? '
Dacy: Yes .
Headla : I was under the impression that you stated two . Was that
correct or not?
Nancy Lee: That would be people in the office. ,
Headla: 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
more 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
with their trucks .
Headla: How many would occupy the building? You've got what , 4 ,000 '
1 Planning Commission Meeting
January 20, 1988 - Page 22
I
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 approved?
I don ' t know if I 'm for or against it yet but that ' s the kind of 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 Y ard .
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 off
the street?
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
the only reason that 's there.
Headla: If trucks coming south on TH 101 turn east , can they ao due
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 dur. incr l-ha c,lhA; N,ici....
IIPlanning Commission Meeting
January 20 , 1988 - Page 24
II
I application and not a conditional use permit but the frontage road
concept is excellent and that should be pursued.
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
5 years?
I 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
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.
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
prior to issuing building permits for the pumping of those holding
I tanks?
Dacy: Right.
IBatzli : Is there anyway we can somehow make the continued conditional
use contingent upon receiving additional contracts or are you going to
IIrequire this person to get an eternal contract upfront?
Dacy: I see what you ' re saying . That might be a good idea to change
the wording in the condition that the pumping should be done on a
Iregular basis.
Batzli : Yes . I guess I 'm looking for something more along those
I 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 that 26 . I had that as a question
I 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
guess I was a little confused as to the reasoning behind that .
IIDacy: The subdivision laws are different than the laws enabling
municipalities to review conditional use permits . The subdivision
laws created by the State enable cities to require road right-of-ways
I 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
I that district . We can not require right-of-way dedication along with
a conditional use permit . You can only do that during the subdivision
application.
IEllson: Also, I had a question , you said the people come in the
morning and they take a truck. Do they come back for lunch and then
Igo 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.
Ellson: This probably has nothing to do with it but I was wondering
whcr An gyn., L....... .w .. 1-1..... ,
Planning Commission Meeting
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 I
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 I
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 II
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 ' II 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 coming 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 9 y ou e 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
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 yards
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.
Planning Commission Meeting
January 20, 1988 - Page 27
Dacy: TH 101 is used a lot right now. Maybe to give you an 11
alternative to look at, another access alternative would have to be
that from the east there is a separate property between the II 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
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,
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
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
application .
Conrad: When we directed truck traffic to Merle Volk 's , we asked that II
traffic be routed certain ways but there ' s really no way you can
control that .
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 , ,
most 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
times 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 II
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
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
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
feasible.
Conrad: Could you interpret what Dr . Rockwell scribbled on that piece II
of 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.
Conrad: 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
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
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.
1 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
1 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 ou ' v
vehicles entering and leaving everyday. y e got 22
Planning Commission Meeting I
January 20, 1988 - Page 29
1
Nancy Lee: I want to correct that . We run one person per truck. . .
Headla : How do the drivers get to your p lace?
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 buildin g , you've ve got 22 vehicles .
I think that 's an awful lot for that particular intersection . If
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
motion . If there is one, if somebody makes a favorable motion , a
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.
1
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. , 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
right-of-ways .
4 . A holding tank shall be installed to receive the waste water from
rom
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 . I
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 . II
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.
IIPlanning Commission Meeting
January 20, 1988 - Page 30
II
I 10. The driveway and parking lot shall have surmountable concrete curb
and gutter.
11 . The applicant shall submit a landscaping plan indicating
I installation of 20 six foot evergreen trees between the vehicular
use areas and the public right-of-ways .
I 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.
II13 . The applicant shall obtain an access permit from the Minnesota
Department of Transportation and shall comply with all conditions of
the permit.
I14 . The approach onto TH 101 shall be a maximum of 0. 5% rade for a
minimum distance of 50 feet.
g
1 15 . Catch basins shall be provided at the low point of the driveway
along with proper spillways in the parking lot . A revised plan
IIshall be submitted for approval by the City Engineer .
15 . 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
Iintervals 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
1 Department of Public Safety and the Pollution Control Agency.
On-site burial of debris is prohibited .
I 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 .
I20. 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
I produced at which time removal shall be the responsibility of the
developer.
I 21. 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
Iweeks after slopes have been established.
I
Planning Commission Meeting
January 20 , 1988 - Page 31
11
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 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 .
All voted in favor except Erhart and Headla who opposed and motion
carried.
The following is the discussion that occurred after the motion was
made and seconded .
Emmings: Wouldn ' t you want to do that whether it ' s subdivided or not?
Or wouldn ' t it matter if it wasn ' t subdivided?
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 the
necessary right-of-way for a frontage road for access to the east .
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?
1
1
Planning Commission Meeting
January 20 , 1988 - Page 32
1
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
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.
tEmmings: 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 yolk he can only
use CR 18?
Emmings: Because I think number one, that ' s what he told us he wanted
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
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 - Page 33
We' re trying to keep this low intensity. 12 vehicles and the
applicant in good faith, I believe them, they' re not going to 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 g oin monitor to mon ' trips? Now that
'
you mention that , do these people comebackvherelforinch? 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
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 you.
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 the condition if you feel
you would like more clarification .
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 go through the other
place if they got permission and it never was looked into? Sharing a
Planning Commission Meeting
January 20, 1988 - Page 34
1
driveway with the cold storage or whatever? I just hate that TH 101
II too.
Dacy: No, because it was found that there 's a second property owner
I between that cold storage warehouse and the subject property. No ,
that property owner has not been contacted to see if they would grant
an easement.
Conrad: Tim, can ou summarize arize your negative vote?
I 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
I Commisison 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 .
IHeadla: 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
I 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.
IWETLAND ALTERATION PERMIT
I Headla : As I understand it , they aren ' t actually affecting the
wetland itself, right?
IDacy: Right, there 's no direct alteration .
Headla moved , Ellson seconded that the Planning Commission recommend
I approval of 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 conditions :
I1. 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 .
I All voted in favor except Erhart who opposed and motion carried .
Conrad : Tim, your reasons .
IErhart: The same reasons as before.
ZONING ORDINANCE AMENDMENT TO AMEND ARTICLE V, SECTION 3 , TO PERMIT
IVIDEO GOLF AND INDOOR GOLF COURSE AS CONDITIONAL USES IN THE A-2 ,
AGRICULTURAL ESTATE DISTRICT, JOHN PRYZMUS .
Public Present:
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