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PC 1993 09 01CHANHASSEN PLANNING COMMISSION REGULAR ME~G SEPTEMBER 1, 1993 Vice Chair Conrad called the meeting to order at 7:40 p.m. MEMBEI~ PRI~~; Diane Harberts, Matt Ledvina, See Scott, Ladd Conrad, Nancy Mancino, and Jeff Farmakes MEMB~ ABSENT; Brian Batzli STAFF PRESENT; Paul Krauss, Planning Director; $o Ann Olsen, Senior Planner; and Kate Aanenson, Senior Planner PUBLI~ HEARING: JOHN PRYZMUS FOR AN INTERIM USE PERMIT I~QR EXPANSION QF ~ GOI,~ DRIVING RANGE MAXI-MINI PUTT COMPLEX TO INCLUDE EXPAN~ION OF ~ BUILDING AND A BATTING CrAGE IX)C~TED ON PRQ~ Z0NI~ A2- AGRICULTURAL ESTATE AND IOC~TED AT THE NQRTIi~'EST CORNER QF HIGHWAY S AND ~ALPIN BOULEVARD~ SWINGS C.~. $o Ann Olsen presented her la~ staff report on this item. Vice Chair Conrad noted that the applicant, John Pryzmus, was not present at the meeting and then called the public hearing to order. Mancino moved, Scott seconded to close the public heming. Ail voted in favor and the motion carrie& The public heating was close& Farmakes: When you were out at the site, did you discuss the batting cages? Ho was present at that discussion? He wasn't? Olsen: No. Farmakes: I guess I'll kind of take this oppommity just for a quick discussion about that development and I know that the City's always been reluctant to have that development there. It seems to me, was it 2 or 3 times he came in and had started work or...and oddly enough ifs not that unsightly. I mean he's done a pretty credible job kind of like, I guess what I would describe in kind of an old Chanhassen way. A tree put in here. Some brick put in here on occasion and maybe 3 weeks later a few more bricks. What is the long term plan for that? Do you think it's like the previous golf course...putting range that was in here. Until development moves out there and then it gets sold off. Is that what you see there? Krauss: His long term plan or what the city's envisioned? Planning Commission Meeting - September 1, 1993 Farrnakes: Either or. I mean I'm familiar with what it is in the master plan. rm just wondering is this time line wise, how do you see that fitting in with what else is going there. Krauss: Well if you're asking for kind of a shooting fi'om the hip reaction, I think it's pretty clear to all of us that have been involved in what's going on in the city that things are moving very quickly and it seems like they're always moving quicker. Ladd remembers when we did the Comprehensive Plan in 1990 and we established that as a 1995 study area. I think a lot of us thought that by '95, well we'd take a look at it and see, this is a ways off down the road and let's change it in the year 2000. Well it now looks like to me and I told Nancy this before the meeting, that I've got every reason to believe that we're going to have to look at bringing that into the MUSA line in the next year to 18 months. As soon as that happens, the value of that land completely changes. You've got land that's probably, well we, for the school site across the street was $23,000.00 an acre. Just put that as a comparable value on this thing and you can see what is likely to happen. Is a golf project like that viable in that kind of environment? Probably not. I don~t know what the County Tax Assessor would treat it as. Farmakes: Are the tax people, does the County treat that as it would a golf Course? Krauss: I think so. Farmakes: Really? So there are some tax advantages to, when it hits MUSA and there is development there, where does that assessment go then? Krauss: I don't know and golf courses went through some State law changes a few years ago because prior to that is when golf courses were being valued based on...had they been developed and they were getting taxed to death. So they came up with some different way of assessing them. I assume it applies to that one. Right now he may well have it green acres for all I know. You know most of the land out that way is under some sort of tax abatement program. Mancino: But also I would like to add to what Paul said that the Highway 5 Task Force, we went and looked at that land and have made some recommendations that will come to the Planning Commission and City Council as to how that will be zoned. Farmakes: Well it is zoned now. I mean when it's rezoned, what it's envisioned as. My point being is that if it's a golf course currently now, or that's the status of it, is that like agricultural property or are they credited against an assessment usually which is the push to for an agricultural operation to sell out property for development. Do you envision in 5 years then that he's going to be putting that up for medium density, high den~ty development? Planning Commission Meeting - September 1, 1993 Krauss: It all depends on the...in 5 years. Now, whether or not John decides to pursue that of course is totally up to, his decision. If you really want to know the implications of' tax laws on that, we could ask Od/n Schafer, the County Assessor. I know that it's not only when property's are rezone& It's also when utilities are brouBht to the door and thags not tho case yet...but lines would have to be extended across there. I also think that, you know I haven't spoken with him particularly on that but Jay Dolejsi has been very active in following Highway 5 program and he's in the past given me every indication that he would like to be doing something with his property and his is the one that's adjacent and surrounds the golf c.~urse. Farmakes: What I don't understand here, if that is his intention, and I'm not going to argue with that, why, has he made any, have you had any discussions with him in regards to that? Why is he improving the property'if the time line for a sellout is so short? Olsen: Well if you talk to him, his intent and his love is what's there and he wants to keep that. He has never, wdve talked to him many times about flint and he's never given me an indication that he's just waiting for sewer and water to come there and then to sell it. I think he's going to try to stay. Farmakes: You do? Olsen: ...we were talking about the interim use permit and putting a deadline for it. I mean. he was slightly irate that we would try to close down his business. Farmakes: Well that's kind of where Pm going with my question. Isn't that really what we,re been asking to see along Highway 5 is open space type occasionally as we work our way out to the west'? It's almost on one hand that's what we'd like to see there. On the other hand, it seems like we've been rather discouraging to that particular development over the history. Olsen: I don't think we've been discouraging. · Farmakes: Just how he's done it? Olsen: Right .... it's been frustrating because he's always done everything illegally and prior to getting permission and so thafs where it becomes frustrating. Krauss: And I know John's always come in here and presented this as staff is looking at him under a magnifying glass. They're always cracking down on him, The fact of the matter is, we caught him filling a DNR creek, among other problems that have surfaced from time to time. Ifs been a very problematic thing. It needn't have been but it was. Planning Commission Meeting - September 1, 1993 Olsen: We%e always recommended approval of his proposals... Mancino: But the problem is he always starts everything and then comes. Farmakes: Well I thought I'd go over that a little bit for those people who are relatively new. This is sort of a reoccurring playing recorcL I don't know, 3 or 4 times in the la.st 3 years. Krauss: More than that. Olsen: More than that. Farmakes: This particular individual seems to be one of those original people who moved out west and don~ like people interfering with how they do things. I looked over your recommendation. They make sense to me. I don~t have any arguments with what you're saying there. I guess in discussing and looking over a long term period with him, there's a lot of stuff here that just doesn't make any sense, even for long term use of the property. And I guess I'm somewhat befuddled but I realize that that's not a part really, specifically what we're discussing here. But it is a curiosity to me that if the time line is so short, that he would be making these types of improvements. This type of improvement would be a significant improvement to that property. Sort of a structural, there really isn't much there structuraLly than what's being offered. It seems to me he wouldn't be getting his money back out of it. Krauss: Well, l~m not so sure about that Jeff. I mean John is a guy that's lived through a public acquisition of his property before. He owned property downtown that we .bought out in the downtown renovation. Farmakes: So you think he's improving it to. Krauss: I don't think he's doing it. I mean Pre worked with people that are looking to feed at the public trough here and they come to me with proposed office buildings that will never be built and that kind of. I really don't think iIohn's doing that but I think $ohn's probably pretty comfortable with the fact that public condemnation or acquisition, you don't do too badly. You're compensated for the value of your property, whatever it happens .to be at the time. Farmakes: Obviously no one's here tonight. The surrounding property owners have been contacted in regards to the lighting and so on. You~,e received no calls? I have no further questions. Planning Commission Meeting - September 1, 1993 Mancino: I have just one question and then I have a few comments on the conditions, which I do agree with. On the main building, on the west end ifs like somebody has started construction, new construction but it's not complete. Olsen: That's because we put a stop work order on it. Thafs one of the expansions. Thafs the expansion to the building. Mancino: Okay. And is that under here? One of the conditions. I see the accessory building. Olsen: ...well no it's under 14. What he did is he started like a lean to against it... for more storage area. That's what really started this whole process again. We stopped work on that. He has to come in for a building permit but then he also has to come in for expansion to his use .... we*re just stating there that he has to get all the permits approved... Man¢ino: Okay. Thafs fine with me. I do agree with the approval of the interim use permit for the expansion also. On some of those conditions, I would like to set up a come due date as it were for them. For instance, on condition 2, which has to do with the lighting. The last sentence reads, the existing lighting structures which are being used for nighttime hours must be removed from the site by May 1, 1994. I would like to add that so before next season starts, that that lighting has been removed. And on condition number 9. All parking areas shall have curb and gutter by May 1, 1994. Again, before the next season opening. On condition number 12. The applicant, must submit a.copy of the current pumping contract and. receipts from previous pumping, and I put my May 1, 1994 also. And tho last one.is number~ 13. The applicant must submit and receive an application for a fence permit by May 1, 1994 so that prior again to next year's opening season all 'those conditions are met And then I would also like to add a condition number 15, that if the items '2, 9, 12 and 13 are not complied with by their due date, the City will initiate a revocation of the interim use permit. That we actually do ask for compliance. And thafs all I've got Scott: I'd have to agree with what Nancy said because I was looldng at...beeause I mean I haven't lived through this process but I'm familiar with the property and from reading, it just seems like there isn't anything that we have done either legally or through whatever process to intent this fellow to conform. And I thinic that's basically what we need to do is to set a timeframe and say here are the things and if it's not done by this date, you're out of business. So I just wanted to add that comment. I have nothing more to add other than tha~ Ledvimc Those datos 3'o .Ann, what do you think? Olsen: That's fine. We were just saying that that sounded reasonable. Planning Commission Meeting - September 1, 1993 Ledvina: So that's reasonable, okay. Conrad: How about for the pumping though? You know if the pumping is a problem right now, that would be the one that I'd like to do sooner. Ledvinx Going November 1st maybe? HarboRs: Of '937 Ledvinx Yeah. And when we talk about pumping, we're talking about the holding tank, is that correct? Olsen: Yes. Ledvinx Let's see. For one of your recommendations, number 2. Do we have an ordinance, or I do believe we have an ordinance as it relates to so many foot candles at the property line. Is it appropriate to state that for this? Condition number 2. Well I mean as a quantitative measurement of that. Olsen: It'd be limited to the, on the building then...what we allow. He would probably read into it that he can have... Ledvina: Okay, so we're being specific to. Olsen: This one building. Ledvina: Alright. Condition number 6. Vegetation, topography should be retained. Should be retained in a natural state in the shore impact zone. Minimum shore zone is 25' strip along both sides of Bluff Creek. What's the situation now? What's happening there now? Olsen: He hasn't really been, he hasn't touched it lately. HarbeRs: Is the word should or should it be shall? Olsen: Shall. Ledvina: Okay. Then the next one, the structure shall be screened from view from Bluff Creek using topography, existing conditions, etc. Does that relate to what's happening with the trail easement there? Is that why we want that? Planning Commission Meeting - September 1, 1993 Olsen: Actually those two conditions were recommended by the DNR...district, shoreland district. That's what they typically do now. Ledvina: So from Bluff Creek but that's not like you've got boats or whatever in there. So the DNR is recommending that just as a standard course? Olsen: Standard... Ledvina: Okay, but does that make any sense? Olsen: ...I don~t know. I think I'd rather have...To be honest, they're all about 25' distance... Farmakes: Aren't they actually screened? Isn't there a rise that comes up and then goos clown... Ledvina: Bluff Creek is what, 30 feet below the elevation there? Olsen: I wouldn't say 30 feet but...ifs not real visible. Ledvina: And I was reading on number 9. All parking areas shall have curb and gutter. I was reading somewhere in the old City Council Minutes where curb and gutter is not specifically required by ordinance there. Olsen: ...commercial use, it is. Ledvina: Okay, so it is required by ordinance, okay. Olsen: Technically yes. Ledvina: And then number 10. I guess I understand what you're saying here but I'm just wondering if we shouldn't make this language a little more explicit now and I was going to ask Brian if he was going to be here'but I guess we have the condition here that it shall be valid until these 3 things but I'd like to add that if any of these conditions occurs, the interim use permit becomes invalid so there's no ambiguity there. I think you can read into the...but okay, that's what we were discussing with Nancy. But this relates to the MUSA line. Even if he does comply with those other, fuses if you will for the submittal of that other information, these other 3 conditions I think I'd like to see a little more specific. Conrad: But Matt that doesnt mean you don~t want that use there. You just really want to review it at that point in time. Or are you saying you don~t want that use there when one of Planning Commission Meeting - September 1, 1993 these things happens? Ledvina: Well if you say the interim use permit shall be valid until, if one of those things happens then it becomes invalid, right? Conrad: Then my interpretation would be. Lodvina: That's how I would explicitedly like to say it, if that's what we're saying. Conrad: But aren't we saying it's up for review then? Olsen: No, I think what this condition says is that it would be done...but he always has the right to apply for an extension. Scott: In condition number 10 where it says, shall be valid until the MUSA line is expanded, to the property or what? I mean the MUSA line gets expanded all the 6me. Olsen: Right. Scott: What's the proper. Krauss: To incorporate the site. Scott: Okay, to incorporate the site. Harberts: Well since we're getting detailed oriented here. Does that mean flint the day that ifs expanded? You know when the line is on the map or whoever makes the line official or you know, what's the time line? Is it 30 days from the 6me someone says the line's expanded? I mean what constitutes the expansion? Is there like a public hearing and then by City Council action or by Met Council action? Kxauss: Well, yes to both. It takes a full action of tho Planning Commission public hearing to approve a comp plan amendment which is then sent to tho Metro Council to review and approve. Only after the Metro Council approves it can the City Council give final approval. Harberts: Okay, so ifs based on the final approval given by the City Council. And does that make tho permit invalid fight then and there or will he have a period of 6mo in which to ask for an extension or what's the process? If this happened July 1st and ifs in the middle of the season, you know are we all good guys and say okay, you've got to the end of the season? Planning Commission Meeting - September 1, 1993 Krauss: ...he's got that right. Harberts: So that's the call that's taken then? Olsen: If you want to be technical, yes. As soon as...is approved by the Council. Harberts: So then he needs to get right in here and. Ledvina: He's got to follow the issue. Krauss: Given the way the process goes and the fact that he's a property owner anyway...heql know about it at least a year in advance. I-Iarberts: Oh okay. Yeah, because of the process that's involved. Okay. Ledvina: Well we are saying then that if any of the conditions, item 10 occurs, the interim use permit becomes invalid. Okay. Conrad: And that's what you want? Ledvina: Yeah, I think that's reasonable. Conrad: Taking you beyond that. Because, if I were him that would make me feel nervous. What are we looking for though? Ledvina: We're talking about the triggers for the life of this interim use permit. We didn't want to put a date in there. It's just saying that when these things occur, the permit is no longer valid. I think that we've got some, we have ideas that when these things occur, that uso is no longer going to be appropriate and that's why we, thafs why staff has laid it out this way. Olsen: You have to have a date. You have to have some sort of timeframe. Ledvina: If we have a situation where we're going to re-evaluate it, what teeth does that give us? I mean. Harberts: We have to put the ball back in our court and thafs what happens with the permit. When it terminates. Ledvina: Right. Because then he still has the permit Plimnlng Commission Meeting - September 1, 1993 Mancino: What's very interesting, has ]'ohn attended any of the Highway 5 Task Force meetings? Krauss: Yeah. I think he was at the one where we put all the separate access boulevards should go through his property...lanes from Highway 5. Mancino: And he knows that ifs going on? Okay, good. Conrad: Matt, anything else? Diane. Harberts: Well I think some comments by Jeff earlier about the open space certainly has some merit. I guess that's my comments. I would certainly prefer to see some open space along Highway 5 myself. I guess what really concerns me is there's a process set out here that the city uses to in a sense help manage the growth and development and character of the community. It's not being followed, and we're not doing anything about it except okay maybe he might give us the money for the Surface Water Management. I mean are these all conditions then that he has to pay the funds before he's going to get this permit and continue his business? I mean I think he's well aware that he in a sense can't go out on his own and my concern is that, are we able to keep him in check now? We're doing it in the best interest of the community. That's why the ordinance is there. Do you feel that this is going to keep him in check? I don~t have any problem with that use out there but what I have a problem with, is he going to be right back and doing his development himself without the city. I mean where's the teeth here? When do we start getting a little nasty? Olsen: ...conditional use permit and...his track record isn't. Harberts: Ifs horrendous. Olsen: ...I don't know if this is any stronger than the other ones... Harborts: So what happens if he basically doesn't meet these approvals? He doesnt get the permit and he still opens his door. Olsen: Well if you approve the permit with these conditions, you have essentially what you then do is...revoke it and we have done that before. We have...revoke a conditional use permit and... Harberts: It gives us the better teeth in the sense if we have to close it down? l0 Planning Commission Meeting - September 1, 1993 Olsen: ...you just have to go through the whole revoking pmcess...The Council will have to revoke it and then... Harberts: I don't have any problems with the recommendations...my greatest fi'ustr~on is, maybe we have to start showing some teeth and maybe this is beginning of the process. I would hate to see every single developer get away with murder here. Thafs my comments. Conrad: Thanks. On condition number 1 it said golf videos. Are we all comfortable? Is that what is there right now or are they miscellaneous videos? Olsen: Well right now there are like 5 videos... Conrad: But they're not all golf? Olsen: No... Conrad: Do we care? Are we trying to be consistent or overly consistent or is that a big deal? Harberts: I don't think it's a big deal. Olsen: They are showing videos of your swing... Conrad: You didn't see me play but you're right on $o Ann.' It seem~ like we're being overly picky on that one and I think the building limits what he can do there. It's either do we allow videos. I don't want somebody going out and checking if they're golf videos or not I guess. Harberts: Well where's our ordinance or what are we going to do? ...to everybody, else too. Conrad: There's some big issues in here and I'll skip that one for a second. Curb and, going down to 9. Curb and gutter. What he's seeing on this is, Paul you said 2 years. This is 2 years so we're going to force him to put in new curb and gutter for 2 years. I.~ him stay open for 2 or 3, or whatever he's been open. Now we're coming back saying curb and gutter. So you know, Paul's saying 2 years. This permit is expired. I wouldn~, there's some contradictions here that make me feel uncomfortable. I don~t want to close him down and I don't want to build up some costs unless I felt that there was a return. If he had curb and gutter, he's going to do it for 5 years. Yeah, maybe. So that one has me, I'm really. Harberts: Let me share with you my thought process on tha~ You know basically again, maybe I'm a little too process oriented at times but we have a city ordinance and ifs there. 11 Planning Commission Meeting- September 1, 1993 Ifs been established for a particular purpose. If the owner has a problem with it, then he should be in here. He should be talking to the city. I mean we're doing our role, which is in a sense guiding development according to the guidelines that are there. If he has a concern with it, that is why a public hearing is there. It would have been very easy for him to write a letter and say hey, it's only going to be for 2 years as I see it. I mean get real here folks. You know it may be 2 years but we have...and that's basically what my thought process is. The guidelines that we use. Do we start making business decisions for him? If this is a concem to him, then I would think it would be in his best interest to communicate this to the staff or participate in the public hearing. He also has an opportunity to participate at the Council level. So that's where my thought process is. Conrad: So if he were here and he said he didn't want to do it? Harberts: I'd listen. 2 years, curb and gutter, it isn't cheap. You're fight, we may be paying for it but like I said, Highway 5 may go through in 2 years. The expansion may happen in 2 years. Who knows. It may not happen for another 5 years so it may be warranted then. But like I said, from a business owner, I fl~ink we have to be careful that we don't start managing businesses... Conrad: Curb and gutter necessary, for erosion or pollution or for. Olsen: ...how it will be in 5 years...storm sewer and where it will be directed to but it is a condition...and there are some wetlands and the creek fight there... Mancino: Well fight now the parking lot has standing water on it in one area when you drive in. Conrad: That's why there's a boat there. Mancino: But he's done wonderful landscaping around the perimeter of the parking lot at this point. Harberts: That way you can't see in. To see if you~,e got curb and gutter. Conrad: Is everybody comfortable with curb and gutter? It is a pain in the neck for a 2 year proposition. We can close him down. Ledvina: I'd like to see it out of there. Mancino: You'd like to see curb and gutter out of there? 12 Planning Commission Meeting - September 1, 1993 Ledvina: Yes. Taking the requirement out of the recommendation. Harberts: I'd debate it with you. Ledvina: I see your point 100%. I think I'm looking at just what Paul had said about those improvements and paying for improvements and if there's a practical consideration of where we are, diverting that surface water flow to a treating system, then I would say yes but all we're doing there with curb and gutter is concentrating the flow into uncontrolled areas so I don't see tho value to it Other than aesthetic or for the sake of the process. I don~t know. take your point very seriously but I think this might be a place, yeah. I see that being very expensive. Conrad: I would see it fitting into, what's the purpose? If'there's a real solid purpose. Because it's. Mancino: It's our ordinance. Conrad: It is our ordinance. Mancino: It is our ordinance. Conrad: And I know it's his job to really come in and talk to us about it and it's our engineer's job to tell us why it should stand. Mancino: So I feel it would be unfair to say no and then have somebody else come in and say yes. Conrad: Have we not made exceptions in the past? We have. Olsen: Frank Beddor. Conrad: Yeah. Krauss: ...post a bond...in fact just recently he asked for his money back without installing... Conrad: Didn't we have one out, we had another out in the industrial park. On the other side. Maybe that never went in. Olsen: Stockdale. 13 Planning Commission Meeting - September 1, 1993 Conrad: Stockdale, that's it. See they were real incensed that we were going to. Krauss: It is a standard but I guess Jo Ann and I are a little uncomfortable being knee jerk about it. I mean if we can't explain why en~neering fee, Is so strongly about it. I mean if they ask for engineering to re, assess their condition in light of the limited duration...lagifimate water quality, water volume reasons to do this and if not... Conrad: That's a good comment. I think we should get out of this thing. We could drag anything out for at least an hour here. There's just no doubt. We can have no one in attendance and we will still make it an hour long. Ledvina: I'd like to make a motion. Conrad: Before you do that, just one more question. Contributions for the surface water management fund. Are we talking about $10.007 Are we talking about $100,000.007 What are we talking about there? What do we think? Olsen: ...it's more than $10.00 and. Conrad: And less than 100. Thanks $o Ann. Is this going to be another one of those things that puts him out of business? Krauss: Well, there is the...city that's not paying. That includes your house and everyone else. Conrad: Okay, good. Any other discussion? Anything else? Is there a motion? Ledvina: Yes. I would like to move that the Planning Commission recommend approval of Interim Use Permit #91-1 to allow the expansion of Swings site in the form of an accessory building, expansion to an existing building and expansion to the parking area with the following conditions that are identified in the staff report with the following modifications. Condition number 2 shall be modifiecL The last sentence to read, the existing lighting structures which are being used for nighttime hours must be removed from the site by May l, 1994. Modifying condition number 6. Vegetation and topography shall be retained in.a natural state in the shore impact zone. Minimum shore zone is a 25' strip along both sides of Bluff Creek. Modifying number 9. All parking areas shall have curb and gutter by May 1, 1994. If upon further review the engineering department deems that curb and gutter necessary from a surface water management basis. Number l0 to read. The interim use permit shall remain valid until, (1) the MUSA line is expanded to incorporate the site, (2) construction of a frontage road across the property occurs, and (3) tho property is rezoned. If any of these 14 Planning Commission Meeting - September 1, 1993 conditions occurs, the interim use permit becomes invalicC Number 12 to read, modification to the first sentence in that condition. The applicant must submit a copy of the current holding tank pumping contract and receipts from the previous pumping by November l, 1993. Number 13 to modify the last sentence of that condition to road. Alternatively, tho fence must bo removed by May 1, 1994. And to add an additional condition number 15 to read. If conditions number 2, 9, 12 and 13 are not complied with, tho City will begin the revocation process for the interim use permit. Mancino: Second. Conrad: Any discussion? Mancino: I just have a friendly amendment. On nomber 13. That first sentence I'd like it to read, the applicant must submit and receive an application for a fence permit. Ledvina: I'm sorry. Mancino: The applicant must submit and receive an application for a fence permit. Ledvina: And receive a permit for the fence. Mancino: Yeah, and receive a permit, thais what I mean. Ledvina: Okay. That's fine. I can live with that Mancino: And on 15. I would like it to read that if any one of the items. Not all of them but if any one of them are not complied with. Ledvina: Agreed. Conrad: And Matt, you kept golf videos in number 17 Ledvinx Yes. I think thais what he's proposed so it's reasonable to identify that as a condition. Specifically to what he's proposed. Thais not arbitrary. Conrad: Any other discussions? 15 Planning Commission Mooting - September 1, 1993 Ledvina moved, Mancino seconded tlmt the Planning Commi~,sion recommend approval of Interim Use Permit ~91-1 to allow the expamion of Swings site in the form of an accessory building, expamion to an existing lsdlding and expmsion to the im~ area wilh following conditions: The ~sory building cannot exceed 800 square feet, must be painted earth tones and can only be used for golf videos in conjunction with golf lessons. No batting cages are permitted on the site. , Lighting may be located only on the buildings for security. In no case shall any lights be directed on adjacent properties or glare onto abutting road right-of-ways. No lighting shall be permitted to extend the hours of operation beyond sunset Existing lighting structures which are being used for nighttime hours must be removed from the site by May 1, 1994. 3. The hours of operation shall be from sunrise to sunsec . The applicant shall comply and receive any permits required by the Watershed District, DNR, and any other legal jurisdictions as it relates to utilization of the site. No storm water may be muted directly into Bluff Creek. A storm water sedimentation treatment basin must be included in the storm water management plan. . Vegetation and topography shah be r~ed in a natural state in the shore impact ....... .~ zone. Minimum shore zone is a 25' strip along both sides of Bluff Crook. . The structures shall be screened from view from Bluff Creek using topography, existing vegetation, color, and other means approved by the city. 8. Appropriate erosion control measures shall be taken during construction of the site. . All parking areas shall have curb and gutter by May 1, 1994. If upon furfl~r review the ea~ineerin~ de~ de~m~ ~ curb md ~mt~r necessmy from a ~ut'ace w~r manage~nt basis. 10. The interim use permit shall remain valid until, (1) the MUSA line is exlmnded to incorporate the site, (2) comtmction of a frontage road across the property occurs, and (3) the properly is rezoned, ff m~ of these conditions occurs, the interim use permit becomes invali& 16 Planning Commission Meeting - September 1, 1993 II. The applicant shall pay a cash contribution into the City's Surface Water Management Fund for downstream water quality improvements if tho on-site storm water treatment facilities fail to meet the city's water quality standards (NURP). The city's storm water consultant, Bonestroo, will calculate the contribution based on the site plan. 12. The applicant must submit a copy of the current holding tank pumping contract and receipts from the previous pumping by November 1, 1993. A pumping~contract must be submitted annually to the Inspections Division. Pumping receipts must be submitted when tanks are pumped and when the annual pumping contract is submitted. 13. The applicant must submit an application smd meeive a permit for a fence. The fence must be shown on a registered survey and all property comers located by a surveyor at final inspection. Alternatively, the fence must be removed by M~ l, 1994. 14. Permit applications are required for additions and/or buildings approved for construction. The applicant should contact the Inspections Division for building permit application details before beginning or continuing any construction. 15. If conditions number 2, 9, 12 and 13 are not complied with, rite Cit~ will begin the revocation process for the interim tree permit. All voted in favor and the motion carried ummimo~. Conrad: This items going to go to the City Council when? Olsen: It will probably go the 13th. Conrad: And then what will we do? Is it your standard procedure lo Ann to send him a copy of our motion? Yeah, okay. And would you strongly encourage him to attend the City Council meeting. Good, thank you. Harberts: And would you do this before your last day? Olsen: Yeah. Harberts: You're pulling your last official act. 17 Planning Commission Meeting - September 1, 1993 PUBLIC PREI.IMINARY PLAT TO RI~PLAT LOT 2, BII)CK 1, OUTLET C ~ Q~ D B~~~O ADDmQN QF A H~L ~PAN$10N ~ R~TA~ B~ ~ ~~Y S~ ~~AN~ Public INesent: Narn~ Addw,,~ Brad Johnson Truman "Tim" Howell John Rico Kevin Norby Herb Bloomberg Vernelle Clayton Lotus Realty Architect for Applicant Attorney for Applicant Landscape Architect for Applicant Bloomberg Companies Lotus Realty Kate Aanenson presented the staff report on this item. Vice Chit Conrad called the public hearing to onier. Brad $ohnson: Mr. Chairman, Planning Commission members. Brad $ohn~n...Our plan. this,x.~ evening is to make a review of where we're at. We're going to go through it part by part It's kind of fun with the architect here to discuss the site plan, landscaping and then any questions ...plat itself which John Rice will address. Kevin Norby, who is our landscape architect will address the landscaping issues that exist and try to fie that into your current ordinance that you're considering after we're done here. As much as we can, as we said we would do... And then Tim Howell will address the basic...site plan. He's the architect for the project. We tried to bring quite a few visuals so you can kind of get kind of a picture of how this all will look when it's all done .... tougher to deal with issues that are already there... As far as the staff report, our position so far is, and thafs why we're going along with the parking study, that there is currently plenty of parking front of the buildings...Frontier and the hotel but you can't see it until you do a complete integrated study. Wek, e done two other studies like this for this project and other projects that we~ve had and we've always had...so we'll see. As far as the plat, and some of the questions the building inspector has raised, we just have to assume that whatever we're going to do, we'll meet those standards. We're not prepared to agree however with everything today because we did buy this from the city and so they are part of, not the Planning Commission but the City. So we have to determine who has the 18 Planning Commission Meeting - September 1, 1993 expense of making some of tho major changes that may have to be made to tho building they sold us. And finally on tho signago, we will bo asking later on for basically tho standard signage plan that is available in the CBD district and we'll... So Tim, do you want to start off? Truman Howell: I'm Truman Howell...architect. Several years ago we prepared the and did tho construction development design of a resident motel as you see it today. At that time thoro was some discussion of expansion. Future expansion and obviously...tying the restaurant and Frontier building. So as Kate indicated, one of the attempts was to try to tie these things together for that... However, as you can see there's obviously there's a large room in here. We've used the same elements in the construction of the actual new portion. I don't know if this is. Mancino: Can you bring that up? Truman Howell: When those ink drawings are blown up, by tho way, tho colors get a little garrished so believe mo ifs not going to be this garfish color. Farmakes: Excuse me. It would bo helpful if you'd bring it in front of the podium so... Truman Howell: This is tho now construction of tho 36 room motel expansion attached to the existing motel with a colonnade...and would allow actually interior walking directly into what is now the Animal Fair building, which you'd have a now front put on it so tho two would be connected. There would bo an outside dining area adjacent to tho restaurant. Under the, I. .:..~ think this is a large tree that we,re all seen in tho front yard of the Animal Fair building. The reason behind this clone in here was actually suggested by tho city. That we break that off so the thing...and we have no problem with leaving that opeax, either partially or totally. But that was...trying to fie this thing together we do have, we didn't want to, not want to enclose the back of it because then all of a sudden you,re got more retail space and what have yot~ It's merely protection coverage for the dock area. Then tho Frontier building, as it exists now, extending down the mansard roof. Providing a walkway to the back. And using the...of the arches hero, pulling the glass wall back so that it no longer is at tho front of tho building but it moves back so there is a colonnade under that as well. I havenk seen these photos which, ... so these are all new to mo. However I have seen this one and what this is. Anyway, this is an attempt to, in this profession we call tho hole inbetween. We're trying, we're filling tho hole so to speak and this was then an attempt at having to see what would bo filled in there. What it would look like. There's a considerable difference. I think this gives a better feel for tho connection than perhaps tho other drawing. This would bo the new entryway for tho restaurant, i.e. Animal Fair building. This would be the connection hero. These obviously would be the same type of windows, dormers, ere, etc. Another building...was that taken 19 Planning Commission Meeting - September 1, 1993 from the air? Krauss: It's taken from a hot air balloon. Truman Howell: Hot air balloon? That is very beaufifiil photo. Anyway, from the rear, there was a question of what is it going to look like from down the street by Market, or Highway 5. And this is basically the way it looks now and hopefully how that would be affected. Mancino: So you'll still see the old Frontier building from Highway 5 to the east of where we're looking? Trmnan Howell: In here? Mancino: Yeah. Truman Howell: Well the back of it would not be covered. Yeah, we're not building anything on top of that part. Actually I took some photos, additional ones that. Aanenson: That's why... Truman Howell: Oh, okay. Fine. Well from the ground view, this is what you actually see. You see the bowling alley and the big, these are from Highway 5. Ledvina: Could you pass the bird's eye view? Truman Howell: Sure. Then I think the question has arisen as to the, I'm sure it's in your packet. Whether or not a truck can get back into that area and turn out of there. This lane that we see in here is actually 27 feet. This one is 26 feet and I think the ordinance... Krauss: ...it's 26. Aanenson: We're talking about a delivery truck. Truman Howell: I understand. We're not talking about a semi because we're talking about a step up vehicle that in fact does most of the delivery of goods and foods, that kind of thing to restaurants. I've been...restaurants for 15 years and they don~ bring semi's in. They do their turning of the buildings so they do bring step tracks and you would have to. Aanenson: They wouldn't all be semi's but they wouldn't all be steps. 20 Planning Commission Meeting - September 1, 1993 Scott: Well ifs like Sysco. I don't think Pve seen Sysco make a step truck delivery and they seem to deliver to most restaurants in town. Truman Howell: Sysco? Yeah, they have large trucks for over the road deliveries. From here to Milwaukee but when they*re delivering to locally, they're broken down into smaller units. This is the way ifs done, I don~t know maybe Perkin.~ doesn't deal with them. I don~t know. They bring in a smaller truck but if you're talking about bringing a semi into hero and turning, I would grant you that that's probably going to be a problem. But standard driveways in most communities is 24 feet so I think we%,e got adequate space for bringing in a truck and turning it. As a matter of fact, we%,e got more length here than most areas do. We%,e got actually two lanes of parking that will allow us to bring in the truck, turn it back and then bring it out. And ifs not right at this space either. Ifs several feet back. This width is 20 feet. We can certainly widen that We can certainly reduce the size of these. Aanenson: That was the other question about tho dumpster location and... Truman Howell: Oh the dumpster, it's behind the dock. We can actually go around behind the building and pick out a dumpster and the most logical place for it to be back in the back side of the dock. Back of the building which serves as a screen. That would not be a major problem. Harberts: You feel that with the, you can get a big truck in there with parking all around it? Truman Howell: I'm just saying that it's done every day like this. I would guess that it would make do here. You've seen, certainly you%,e seen the restaurants around this part of the country. In your own town here. How big is the space for the Riveria is taken care of. How big is the space where...McDonald's. They have to have...and this for example, this width is 20 feet wide. This is approximately, that's about 40 feet. This is only 6 feet and it's about 250 some feet deep. If you would like I could do some overlays of a truck. Aanenson: That's what the condition was to put a template on there... Truman Howell: I'll be happy to do that The other issues...Basically the expansion. The connection into the restaurant. The wall we're talking about, I'm proposing a stairway on the Frontier, blocking out the view of the dock. The existing Frontier building. My understanding of the present sign ordinance is that we're allowed on each building 15% area of the front of the building and that each tenant can have one sign no greater than 64 square feet. I also understand that a pylon sign is allowed for each piece of property and this is what we assume that we'll be dealing with. We don~t plan to violate any of those. We did 21 Planning Commission Mooting - September 1, 1993 indicate in our submission that the type of sign we're looking at is the sign that you see on Team Sports, Sporting Goods front. And that would be, and I can identify for you a band of that across all the buildings if you would like. Farmakes: Are we to consider those three separate businesses then? Truman Howell: Well they're certainly three separate plots. Farmakes: Are these 3 separate businesses? Truman Howell: Yeah. Farmakes: So this isn't an addition to an existing operation? Truman Howell: I'm talking about here, here and here. Farmakes: That wasn~ my question. My question is, is of the development that we're reviewing in these plans, this is an addition to the Country Suites? Truman Howell: Yes. Farmakes: Is the restaurant to be considered a separate business7 Truman Howell: Yeah. Ifs on a separate piece of property.-~ Okay, in terms of where are you-,,; going I guess. Maybe I'm not understanding. Farmakes: I'm asking the question. If I'm looking at a Holiday lnn~ they may have several buildings attached with a runway. One of them may have a restaurant in it. Truman Howell: This is a separate operation. Farmakes: Do we consider them a separate operation under separate ownership? Truman Howell: Yes. Farmakes: So they're renting tenants? Mancino: But ifs only two because the expansion is expansion of the existing motel. Truman Howell: Exactly. And then this is separate. 22 Planning Commission Meeting - September 1, 1993 Farmakes: So you're proposing that this is in fact three separate businesses? Or two separate businesses. Truman Howell: Three separate owners. Farmakes: Three separate owners? Brad Johnson: Each building is a multi-purpose building. Farmakes: So the signs that you're putting up then will be three separate signs? Three different signs? Truman Howell: I didn't say that. I said I think that's wh~ the Code allows us to do. Farmakes: I'll let staff sort that out and thafs ambiguous I think ansae to a pretty specific question but. Truman Howell: Are there, my understanding. There are three separate businesses here. There is a motel, there's a restaurant and there's a retail operation. I'm not trying to be evasive. That's what my understanding is. Farmakes: No, I'm even leaving the retail section out of that. In the expansion, we're talking about signage. We're talking currently about the three buildings that we're looking at. One is the existing. Two are being proposed to be added onto that. Correct? Truman Howell: Okay, you're reading these as one building. Farmakes: No, Pm not saying they're one building. That's my question. Are they three separate businesses or are they two separate businesses, disregarding the retail across the way. Truman Howell: Yes. Yes, the restaurant is seParate from the motel. And the motel expansion is a part of this operation. Farmakes: Is a part of that operation. Okay. So we're looking at sign, the sign packages you talked about also include the retail section? Truman Howell: Yes. That's one I think is very important for me to address that that be taken care of. 23 Planning Commission Meeting - September 1, 1993 Farmakes: The confusion of what I was asking was when you're talking about the proposed buildings that we're looking at here with whether or not the addition, in terms of signage is considered a separate building. Truman Howell: No, but it would be part of this business. Brad Johnson: Jeff, if I could.., under your guidelines, or the ordinances that we operate under in the downtown CBD district, we're allowed one sign per business. Is that correct? Wall sign. We're allowed one pylon per lot. Farmakes: I believe that it's dependent on frontage, isn't it? Brad 1ohnson: No. And the wall signs are 15%. The standard wall signs. The wall signs that we're allowed on a wall, all the buildings we've built so far in the city have the same standard. 15% of the front of the building can be used for signage. But each tenant, and this is important to remember, can only have one sign and the maximum size of that sign is 64 square feet. So that limits the total number of signs you're having. I guess if you wore to look at the hotel as a tenant in two of these locations, you could say tho hotel can only have one sign. But it tums out that in the hotel addition, there's also retail. On the first floor. And then therefore, the businesses that are in there have a-right to a sign based on your ordinances. This is not a PUD. Ifs the downtown CBD where we would prefer to go strictly by your ordinances like we did at Town Square. Mancino: Kate, would this be in compliance with the new ordinance that's coming through?....? Aanenson: What they're proposing or what... Mancino: What they're proposing. What they're using as a guideline. Aanenson: The new sign ordinance does not allow pylon... Mancino: Just monument. No pylon sign. Okay. Farmakes: Did I overlook the retail on the 36 unit expansion? Is that in our.packet? Truman Howell: On the first floor there's two shops... Mancino: It shows it on my drawings. Truman Howell: There's a beauty shop and gift shop. Planning Commission Meeting - September 1, 1993 Conrad: Okay, anything else? Does the restaurant have a name? Truman Howell: No, I don't think it does yet. Conrad: Brand name or? Brad Johnson: No. Conrad: Anything else? Brad Johnson: I'd prefer...then I'd like to add some comme~lt~ about the staff report Farmakes: So on our plans on page 2 1 think it is. Two areas that are marked as shop should be retail, right? Aanenson: I was unclear on that Going on what they told me before, that there would be two shops, I was unclear... Farmakes: Yeah I looked at it and I thought it might have been maintenance or something. Aanenson: I thought it was something where they were going to have...I had no idea it would be like a beauty shop. Conrad: Okay. It is a public hearing. Any other commonts on the:.proposal?- Okay. Is there a motion to close the public hearing? Brad Johnson: John Rice would just like to add a little comment now on the plat itself. Because you're ultimately doing a plat as part of this proposal. Conrad: Okay. Brad Johnson: And he'll give you some background information. And then Kevin will address the site plan, some modifications that we will be doing to that plan you received. John Rice: Hi. My name's John Rice. I'm the attorney for Bloomberg. I don't want to turn this into more than you ever wanted to know about Chanhassen Mall. l~ll partly be guided by whether or not you have any specific questions. Herb did a colored in drawing, which I think he did, of the Chanhassen Mall and the Animal Fair buildings and this is before the major part of the Kirt building was, before thafs fight here. And the hotel then that was built right in here. And at the time that we did the Bloomberg Addition plat, we did the parking lot and 25 Planning Commission Meeting - September 1, 1993 we put separate driveways and here's that open space thafs now in there which is...about right here. This orange builcling which has been removed. And that was included in the Animal Fair portion of Lot 2. The part that was not required for the hotel. Now we're taking that part for the hotel and drawing a line with just a slieht jog up to tho street. Then in tho Animal Fair building here, over here on the comer, that will, the new restaurant will require space down into the pink building here which at least Herb and I call the city building. Just by the fact that Bloomberg owns it but flmfs the large building and we were there the other day with the surveyor and Herb was looking at it and the extension down, partly in response to taking care of the problem with the wall. That we can't have a wall that meets the building code where you are right on the lot line. There is a set of columns across, running from east to west which would fit very well and would be a good place to put the wall that would be the dividing line between the new restaurant addition, this way and the old city buildings down to the south. And obviously that wall to be built would have to comply with the code requirements and would provide a good clean break as far as a new lot line for the south line of the restaurant. And that's really about it unless somebody had some questions I might be able to answer. Brad Johnson: Kevin. Kevin has addressed the site plan that you see that Tim gave us. Remember one of our jobs a couple of weeks ago was see what we could do about applying the new ordinance. Kevin. Kevin Norby: My name is Kevin Norby. I'm with Norby and Associates, landscape architects. I think what we want to do is just make it clear that we're worldng with staff and talked with Paul and attended the Tree Board meeting the other night-pertaining to. the-new...- .... -~ ,. ordinance. I think Nancy's probably the only one of you that have seen the new landscape plan. We're just making some changes on the site plan that we're hopefully trying to meet the new ordinance, new landscape ordinance. Currently I just saw the report tonight and some of the recommendations and concerns there but we are falling short of the landscape requirements. I think in talking to Paul and Kate, I'm not sure that the new ordinance is what's going to be, we're going to be held to. I think the old ordinance, maybe because of the property, retrofit. So I don't know, maybe Paul has something to say about that but we have added some more landscape islands and some more trees and we're still worldng based on the number of parking stalls to try to make this all meet your requirements. I don~t know if anybody's... Mancino: Well is what we have here. Kevin Norby: Well the plan that I had at the Tree Board meeting, it's different than that...and moving around a little bit and I'm not sure that even that is correct just based on information we got as far as the parking counts and that sort of thing. So I guess what Pm saying, we're 26 Planning Commission Meeting - September 1, 1993 going to continue to work through and try to meet the ordinance and I think it's up in the air fight now as to what you're going to require of us. Krauss: Kevin and I have talked about it. I think we're developing a protty good parking lot landscaping ordinance. It's sort of difficult to throw that at a site that was developed 25 years ago and make it fit. When these things have occurred in the past, we've always taken the position of our intent is not to totally put a stop on any development from happening but to as realistically as possible approach the current standard and work out the issues. And I think Kevin's site plan is an attempt in that direction. I mean theoretically if were to throw the current ordinance, which... Mancino: 8%. Krauss: Yeah, they'd probably have to knock off 20 rooms of the hotel to make it a yard area because there's no way else for it to comply. Mancino: How close are we going to get? Kevin Norby: The plan that you saw the other night, ...require 5%. We're currently at about 3%. So I think there's some room there to work but we're not sure we've resolved all the parking issues either. Mancino: What's across the street in Town Square? Is that 5%? Aanenson: Market Square? Mancino: No, the one directly across the street Krauss: I've got to believe... I mean that 5% has been a standard for a long time. Kevin Norby: I have a copy that I can lay in front of you if you want to look. I'm not sure that that's even the most current, I mean when you get into what we've got but I'm not sure this parking is accurate. Brad Johnson: Thanks Kevin. I'll just try to address some of these and then...somewhat difficult to change a lot of things quickly... As far as the landscaping is concerned, that parking lot was designed by the city and was paid for by the city. At the time...at that particular time. Maybe when we do the parking lot presentation Fred, we can talk a little bit about...periodically nm into this kind of problem. Because you basically have a lot of buildings that are already in town and they are where they are and simultaneously we're trying 27 Planning Commission Mooting- September 1, 1993 and many of them were developed as a lumber yard or as ~..and they were not developed as a retail, specifically retail facing toward 78th StreoL And when we came in as a redeveloper years ago, it's been a long range goal to try to get the whole city facing 78th StrooL..and as we go through the process of doing thaL..we're not planning something now, we're planning something old. We'll work with the site plan as much as we can and also remember that tho only thing that we're really changing doing is the newest addition is strictly just the hotel addition. We're remodeling...in addition to th~.. As far as the parking is concerned, we agree with the staff that Fred should study this and figure out what the uses are and some technicalities do exist in that the hotel rooms themselves, or the meeting rooms and the restaurant are under a lease to the hotel. And they will be run by the hotel and for the use of the hotel, not the restaurant. So the restaurant will cater to the hotel guests and I think we commented...Those are meeting rooms for the hotel... We already do have meeting rooms in the hotel which we'll no longer uso and they will be redone back to meeting, or back to hotel rooms, I think. That's part of the plan. Right now two hotel rooms have been turned into meeting rooms...corner and they're basically suites that were redesi~ as a meeting room. So it's very important as far as the parking plan, from out point of view, for you to realize that these are two meeting rooms in the hotel itself, are not being used by the restaurant. And the parking therefore, at least a share of it, 50% or more, will be hotel guests that are already accounted for in our parking plan. Now we're doing a lot of this at the request of the city. The city, not the City Council or this, but the people in the community have wanted mooting rooms. And we've had a number of requests f~om the-industrial section who would like to use our hotel but we can't uso the hotel because you have no meeting rooms like we'd like to have. Secondly, we'd like to use the hotel but you can't ~ lunch and these are things that we've been going through. And so what you see before you is again, not a perfect - .. .... configuration because we're retrofitting an area and trying to fill with thaL As far as signago is concerned, I always concern myself about signage. I do not believe we~ve had a public hearing on any new ordinance. I do not believe that ordinance has boon presented to the Chamber of Commerce. I do not believe, I just got a copy of it re, cently and it has had no public comment other than the meetings that the community has so I don~t think it's fair at this time to use that particular ordinance in advance of this approval, specifically because it has not been even presented to the business community as a whole. Corroc[~ Scott: No. Brad Johnson: And in addition to that, so what we're saying is we'd like to apply what we~ve used in the downtown historically and modify that probably a little bit like we've done in the past. We've simply said, each tenant gets one sign for each business. That sign can bo as big as 64 square feet if it's okay, and it has to do with how the building's laid out and that there is a pylon sign for each lot. So technically this particular project qualifies for a minimum of 2 pylon signs and a potential of 3. Because if you look at tho hotel as an addition to, you 28 Planning Commission Meeting - S~tember 1, 1993 know the hotel use is just an addition and theyk, e already got a pylon sign and they probably wouldn't want. They probably would want another pylon sign but that maybe something pushing a little too far. We do have businesses that are going to go into the lower level of the hotel addition. Two small ones. One is the hair salon. It's already in town and it's asked to move over there. And then we have a coffee shop potentially that would also be in there. Just a quick in and out like a donut shop or something that would ancillary to that site. The hotel, as we say doesn't have a name. We have not shown you on tho plan where the sign would be and as Tim had said, we'd probably come back with a sign plan designating what you would call... That building may be a restaurant for a while. Maybe it's not a restaurant... but once we commit to a sign plan, that goes with the...in the downtown area so we have to be, it's very critical to the business people in this commtmity that people can find them. Two main vehicles for advertising in this community, and...i$ their sign and the Villager. Thafs their primary sources of getting people from our community to some place. So one, we have to advertise for it and people have to be able to find it. And if you don't have a sign, it doesn't work. So that would be our sign proposal...and have sort of a schematic of what we can see that to be and then we'll deal with the staff...and decide not to apply your own ordinances, that's your own business. We have to ask for variances, I think you do too. As far as the site plan itself is concerned, there were a couple of questions. I think in general we have tried to, in absence of Fred's study, antic/pate getting as much parking out here in front as possible. And I think let's just hold off the parking discussion until we see the various mixes of how parking looks. I suggest you drive by the Frontier Building tonight on the way home and see how many cars are parked out in front, which is sort of a peak restaurant time. And I suggest you come by the hotel around. 2:00 and see how many cars are parking in the hotel parking lot during that time.' .There's just a certain swing. I'mean it has sort of s~..:-..-..- - restaurants with hotels. There's a noon 6me...fl~ 6me. But other issues that have come up is that, and these are firings that as the...I wasn~ sure I agreed to but we have closed this entrance here because it does get comfusing and it also takes up a lot of parking. And with the new light going in over here, it was our feeling that we should direct the people there. Now I'm a resident of Chanhassen but I also work here and I know that certain things work and certain things don't work. For example, I was opposed to the curb in,you know where the curb is out here and the clock tower is, because I live here. I said that will never work. You need a straight road. It didn~ go that way. Okay. And the en~neers told me it couldn't but now some people have come back and said, well why is it the way it is. It should be a straight road where all the tra~c comes down 78th. Well what's happ~ing is that now less and less traffic is using 78th and more are using Galpin, they said well that's going to be years away. Well we're trying to get to the point that that road is being used but they literally ought to close 78th to make it work and with the new stop lights over, it may be feel that 78th is that way. But the point being is, currently if you look at Town Square. We went through all these types of plans, there is no stacking requirement in a situation like that Town Square has 3 restaurants and no stacking requirement for traff/c to back up here. The 29 Planning Commission Meeting - September 1, 1993 bowling alley and all that over here doesnt have it. All of the Dinner Theater, which has hoards of people coming out of there at a certain time of the day, and look. There are no stacking lanes towards the front. The point being is that when I leave this place today, I don~ like, I park my car right here. I don't like to have to jog and go this way. Okay. It just doesn't work. Secondly, if this whole lane requires every car that comes in here to jog back up against the building, we're going to have a tremendous amount of traffic here and very little on that road. Thirdly, and Fred can substantiate this, the total amount of traffic into a restaurant. The restaurant, has anybody in the restaurant business? Okay, if you had one turn of every chair every hour, would you consider to be pretty good? In a sitdown restaurant situation. Scott: Well you'd like to do better than that. That's how long it takes somebody to eat generally speaking so. Brad Johnson: About an hour, okay. So and your code said they anticipate that each car that comes will have 2 people. That seems to be common. You know some come with I and some come with 4. So a restaurant that's very success~ will generate on tho average, 1 car per minute. And I'd welcome you to go look at the Riveria during ifs peak time and watch how many cars come and go. It's not a lot of cars. A Hardee's generates 1 car every 30 seconds to a minute. There's not a lot of cars. Very su~ McDonald's, about the same. Okay. So thafs not a lot of traffic. Look at your clock and the next car that will come in and out of there. In the hotel side, which is over here, it has, or will have 120 rooms. Those rooms will fill between the hours of 4:00 in the afternoon to 8:00. So if everybody was coming and going a couple of times, the hotel will generate about 1 car every-2 minutes,-. So-. you really don~ have what you call a lot of traffic genern~rs there. You have a lot of them parked but my only...I think that can remain open. I don~t thinl~ Paul we~ve had any problem whatsoever at the Town Square one and that's how thafs lined up and I don't thinir we've had. Aanenson: But you also have more curb cut openings into West 78th Street. You have a lot of traffic funneling into one curb cut. Brad $ohnson: But you're saying a lot of traffic. Lots of traffic. Aanenson: I talking about access points onto West 78th Street. Brad $ohnson: Town Square? Aanenson: Are you talking about Market Square or Town Square? 3O Planning Commission Meeting - September 1, 1993 Brad Johnson: Town Square. Town Square is identical to what Fm suggesting and it's got 3 restaurants. Krauss: Town Square? Brad Johnson: Yeah, it's got the Riveria, parking lot. It's got Chin's. It's got the video store and it's got Little Ceasars. If you look at all that Aanenson: They also have more access... Brad Johnson: Two. Krauss: And the... Brad $ohnson: I don't know how you expect me to handle it, I donk think there's any traffic...but I really think you're going to create a tremendous problem here. I donk have the money to hire the engineers to prove you wrong or right, okay. But I don't think wek, e got a problem. I think we get carried away with stacking and I think it just screws up parking lots personally. And if we do have, maybe that's the thing but I think thitt's an issue. I don't want to have to hire an expert but maybe Fred you could address the question as far as traffic in and out of your study, I don't know. But there's a way of saying yes, if we really need stacking. I think it's a problem because I'm there. AU you're really going to do is drive everybody over to here and it's just not going to work. It hasntt shown up yet because we haven't closed this off. Krauss: I think ifs real hard to deal with this out of context and maybe it is something that Fred can touch on. You know you're being asked to base your hypothetical decision on the fact that the problem doesn't exist today and there's nobody there in the first place. We're putting a stop light at that intersection. It's going to back people up and that's what stop lights are intended to do. They're going to back into the property. You're not going to be able to just spin out whenever there's a break in the traffic, which is the case now. There will be considerably greater levels of traffic than there are fight now. Certainly, if nothing else it's. going to be a 180 degree... Brad $ohnson: My point is, I think we're creating a problem in the loss of this user friendly, that's all. I don't think the stacking...Market Square because they have over stack lanes and people are driving through them but that's my opinion... But I think that's an issue and I don't want to let it die because I think it's a poorly designed parking lot at that point...and I do not want to have to hire BRW or somebody but maybe Fred can just say, do a whole study at this time. 31 Planning Commission Meeting - September 1, 1993 Conrad: For the same price Fred. Brad Johnson: Fred knows this parking lot probably better than anyone. In fact you may have... Conrad: I tell you, if anybody knows it Fred, you're going to help us. You don~t even have to do a study. You could tell us right now but weql hold off. Brad Johnson: As far as Highway 5. Somebody asked a question about Highway 5. If you take a look at, and I've used this with the HRA. If you drive down Highway 5 now and look at downtown Chanhassen, the Dinner Theater appears to have a peaked roof in the ev~ing because you look right through the top and you're looking at the top of our two other buildings over there. I mean just drive down there, the whole line of it's changed over the years as we developed buildings in that area. So I don~t know, has anybody done that? Drive over there tonight and you'll see. It appears that downtown Chanhassen now, it's sort of a fiat roof...appears to have peaked roofs but you're really looking at the professional building and Heritage. It just looks a lot nicer and what we're suggesting here, as we fill in another void over there with that, it will take us a while to get around to the front or back, or whatever you want to call the Frontier Building, but I think we~l again help the visibility from that We're not trying to do anything with the back of the Frontier Building...but the question comes up, I think you'll see a lot nicer effect. As far as, there's a number of things we're going to have to go back to staff this week with. You know Nancy came and visited yesterday. She said, why are you going to be here? We're just looking for other objections or concerns and then we'll go back and work it out over the next few weeks but I just wanted' to go over that right now... Agree with items l, 3, 4, 6, 7, 9. Mancino: You said you agreed? Conrad: With those, yeah. Mancino: Okay, 1. Brad Johnson: 1, 3, 6, 7, 9. We have some questions about dedicating additional right-of- -' way at this time to the city because we don~t know what it means to us. It's a new wrinkle. ...again we're going to need it in the year 2000, well. Take it in the year 2000. We're not really, we don't really feel one way or the other about the 5 parking stalls in the service entry area. We said we know we need parking and until we know where we stand on parking, somebody says you can't build a building, you~e got to tear down another building to get 5 parking spots, there's a lot cheaper place for us to get 5 parking spots. We're not...Nancy suggested maybe part of it should be landscaped. We don't care. We just need, we know we 32 Planning Commission Meeting - September 1, 1993 need a certain amount of parking. As far as the sign, I gave you my opinion on the sign which we don't agree...and we don~t think that's tho current ordinance and probably isn~ in good faith because the city put it there. They required us to move it there when they did up the parking lot. Now these are things that have gone on in the past. We made to relocate it to that location. So thais the way it works. We said we~l even improve the...we never used it. That kind of thing. Parking study we've agreed to. The fight-of-way, we had a question and that's kind of where we're at. I think the one that we anticipate that we're going to have to talk with the staff with is parking, which we~ve got to wait for Fred. I don~t know if we can talk to staff about the sign plan. You guys will have to read the ordinance because they have their opinion and we have our's. Conrad: And the next time you're going to bring in a schematic for us? I think thais real important. Brad $ohnson: We*e done enough sign plans for buildings here. We know it takes a while to get through this because we all understand signs but we use Town Square and Market Square as an example of how the sign will go. In all those cases we have set up sign bands and we've agreed on various height stipulations... I guess our only real argument here may be how many pylon signs we have. I think we probably want it to be 40 feet high so we can see it from the highway. They want to have it at the road but that's, what we're going to have to discuss. We'd like more traffic off Highway 5...for the retailers, okay. Thafs whore we are and I don't know if, we'd like to have some input from you on architecture and other things that... Conrad: We'll give you some commentS. Still public hearing. Any other commentS? Anything else? Is there a motion to close the hearing? Fammkes moved, Scott seconded to close ~be public heating. AH vo~P.A in favor md the motion carried. The public heming was close& Conrad: More than likely we're tabling this and so it's coming back. So as Brad just concluded, I don't know if ifs the time to drill. It's a time to give them our opinions so then they know when they're coming back what they're fighting or what they're not fighting. Or issues that you want clarified so I really don~ think now is the time that you want to make some detailed commentS other than talking to the developers about where, certain of the conditions in here or anything else. But kind of in a little bit more general terms. Maybe. Diane. Harberts: Oh thank you. Kate, in your report you talked about the reluctancy to provide the cross parking agreement 33 Planning Commission Meeting - September 1, 1993 Aanenson: Without doing a parking study...and we need to make sure that that"..enough parking for those uses without... Krauss: The Frontier Building's under different ownership, and $ohn Rice and I have discussed this for years and ifs one of the most complex, convoluted pieces of ownership you'll ever see. But there are different ownership situations and somebody who's going to the restaurant or owns the restaurant for the hotel has no right to send people over to the Frontier building. At some point in time ifs very clear that it's going to be owned by somebody else who's going to say it's my private property. Get off. The only way to protect that is to have a permanent cross access easement" If in fact we conclude that there's sufficient parking over there, but that that cross parking isn~ going to firmly guarantees the right"..and Frontier building customers to cross over. Park on each other's property. That's standarcL Aanenson: And that would apply to the bowling alley... Harberts: So are you saying that if it's deemed that sufficient parking, that there is not existing. If existing parking is not sufficient without these crossovers, are you saying then that you'll be knocking on the door for instance of Southwest Metro and saying can we use your. Aanenson: No, he's got additional parking to the rear of the building. Additional property to the rear of the building but we're saying there needs to be a way to get people to' that location thffs attractive and accessible. Krauss: Southwest Metro really doesnt enter into it for a couple of reasons. First of all, take for example room on Bloomberg owned land to resolve it. Secondly, as much as we respect Southwest Metro, you're not the property owner. I mean it's the city that owns it and you have a long term lease and we're obligated to maintain it. Harberts: And I'm sure that if it came to a discussion point that the City would consider the $96,000.00 investment that was using public tax dollars in that transit facility. Krauss: Right, but we're not in the habit of leasing the same thing twice.- You can go to jail- . for that sort of thing but there's ample room to fix it. Diane, we~,e looked at &is 8 or 10 times... Aanenson: Plus the parking will be in closer proximity than Southwest Metro. Krauss: It's too far away. 34 Planning Commission Meeting - September 1, 1993 Harberts: I think it's good to table it simply because there's a lot of parking issues. I think the project is good. This area, I~e been c, ommonting to some people, is certainly Irind of a focal point for Chanhassen and you know with the signage and everything, I'd like the plans. It's getting some of this other stuff worked out because it is retrofitting and we certainly recognize that. So I know some of the commissioners may want to understand why, some logic behind a variance, things like that but I do understand that it's a retrofiL Maybe it's a give and take thing and again, because it's a focal point of Chanhassen, I guess I'm concurring or I feel strongly with what staff is saying for the signage. So the comments in terms Of tho signage. Yeah, I wish it was a little bit cleaner but do you feel th~n that that parking study is going to help address some of this? Do we take the curb cut out here or whatever. Aanenson: We're going to ask engineering for more detail too based on the signal and stacking and that sort of issue. Harberts: Okay. Otherwise I guess I really lend support to the concept here. I understand this is in the TIF district. I don't know if that makes any impact. Brad made a comment earlier though, confused me a little bit about somebody, with city ownership, who*s responsible for some costs here. I don~t know if that's an issue so I think it's good that it's being tabled so when the plans come back, that all these questions have been addressed or whatever from city staff perspective. Krauss: Well yeah, that was a new wrinkle for me but, and if there's anylidng to it, it's between Brad, or Mr. Bloomberg and the HRA. Brad Johnson: He's right. It's the HRA that sold it to us. Harberts: Oh okay. I guess my primary concern is just centered around the, if there is impact to the Park and Ride locations, that there will be some discussions occurring before it comes back for final site plan review. But I like it I know Country Suites is very successful in terms of people utilizing the space so I'd like to see more of it I think it will be a good addition to Chanhassen. Ledvina: Well I saw the first draft of the architectural proposal and one that we have in front- of us tonight I must say is a great improvement so I'd like to commend the proposer as far as those changes are concerned. I think it works much better. I guess while I share Diane's concern about the parking and even the signage, I thini~ there has to be some discussion. I understand the applicant's concern regarding future ordinances and thafs a difficult situation as well but I think those things can be worked out. And I did note some things on my architect or my landscaping plan but I'm just going to pass on that and wait until we see a new plan on that and look at that next time. But other than that, I do support the proposal. 35 Planning Commission Meeting - September 1, 1993 Conrad: Okay. Joe. Scott: Yeah, I like the proposal and I'll save my comments I guess for the more detailed package that we'll get when the parking gets taken care of. That's something that concerns me and it's going to be an interesting trick to see how you can utilize the land south of the property to get people who are going to be parking down there safely into the building but that's, I'm sure somebody can figure that out So I have no more comments. Mancino: I don't really have any new ones. I would supper tabling this and figuring out parking. Landscaping, with the new ordinance, I would like to see reaching 8%. I mean I think 3% is too far away from 8% to me, which is what our new ordinance is suggesting. It hasn't passed yet but I would like to see something closer. Maybe a 5% in there with the landscaping. And what have we done in the past Kate about when we are in the process of creating a new signage ordinance or whatever the new ordinance is and someone comes in and gives us a plat to review. What have we done historically? Krauss: Well strictly speaking Brad, you're right. I mean an ordinance isn't an ordinance until ifs had two readings and be~m brought before the City Council and the public. On the other hand, this is a project in the Chanhassen Central Business Distri~ Everyone of which is done on a cooperative basis with the city. Just as a general nde, it seem~ inappropriate to be asking the city to be a partner to some extent in a project and then throw the book at us and say, well this is exactly what the Code says. I mean I think fl~t there's a lot of, there's ample mom in the process to reach an accommodation and thafs what's been done in the past. Mancino: Okay. So that's what we would expect from this project also. To see the cooperation done between the applicant and the city. How much TIF funding are they receiving? Krauss: I honestly don't know. Maybe Brad can answer that. I think the last I heard, they were going with the standard. The 3. Brad Johnson: For any type of remodeling project in the downtown. Mancino: What is that? Brad Johnson: Three years of taxes. Mancino: Three years of taxes. Okay. Harberts: So what does that amount to? 36 Planning Commission Meeting - September 1, 1993 Brad Johnson: How much? Harberts: Yeah. Ballpark figure. Brad Johnson: $120,000.00. Harberts: Total, or per year? Brad Johnson: Total. Harberts: For 3 years. For the entire project? Brad Johnson: That's Frontier. Most of the TIF, by the way, is just generated by the motel. That's the only thing...Ifs more to make the whole thing feasible. YouX, e got realize that any remodeling of an exterior increases rents and the only way to increase value and it's hard to deal with that over time but remodeling does not increase rents. Improving the property does not increase rents necessarily. Mancino: That's all I have. Conrad: Okay, Serf. Farrnakes: I also support tabling this until we have a more concrete presentation. I will take the opportunity though to throw out a couple of reactions..I think the architecture is fine.. Continuation of the Country Suites item. I think ifs integrated fairly well with the walkway with the existing structures that are there now. It worries me I-guess somewhat that we have such a long length of a wooden structure, I mean the entire length of 78th but there is, that's being modified I guess by the stone work on the walkway. I'd like to get, when this comes back, a legal opinion on the issues of our ordinance. Are we, for the current hotel. The proposed hotel and the restaurant and meeting room~ if there are agreements for use between them or among them, are we dealing with separate businesses there. If there are long term use agreements between one business and another, should we be looking at that as a business or separate business? The two retail areas, in the current hotel and I've seen other uses similar to that. The Holiday Inn over by... They're talking about a coffee shop and haircut place. That seems inconsistent, although many types of operation do not have signage packages. They're considered part of the use within the hotel and the primarily customers are hotel customers and that brings me to the restaurant Again, it seems primarily used as a revision marketing wise as a use for the hotel customers. And I understand that there are other ideas or for local usage. I'm not sure, does the city have for local use, has the city had any feedback as to what, I mean is there a commitment to that or is that pay as you go? I'm 37 Planning Commission Meeting - September 1, 1993 talking about the meeting rooms in the restaurant and you were talking about for local use. That it's really a city need. You also stated that the meeting rooms, the agreement for using the meeting rooms with the hotel. Is there an hour use or my question is. Brad Johnson: When you book a room, you get to use them. You have to stay there. Farmakes: I think as part of the presentation I would like to know more about what that agreement should be. Aanenson: What the relationship is. Farmakes: Correct. There will be a liquor license for the restaurant and the application? The restaurant is dining type. Brad Johnson: ...Bennigan's. Farmakes: So there is a bar out front? Brad Johnson: Chili's. Yeah, ifs a standard. About 20°,4 of it is...I'd love to have you tell me that 80% of the use is from the hotel because then we woulcln~t need any parking but in real life about 80% of the business will be outside of the hotel. In total dollar amounts. Farmakes: I guess I'll wait and see what the presentation is on the signs, ge issue. Some of- that I think relates to, are we dealing with separate businesses here?- Or are we dealing with 2, 3, 4. The retail section, I haven't heard as much about it. It just seems to be, so I'm not going to discuss that at this point. But my interpretation of what we're getting into talidng about signage commitments and 40 foot tall pylon signs, I question if they work or whether or not the signage would work as identified for TH 5. They*re too far away. Obviously the 40 feet would be certainly out of character. I'm a supporter of moderate signage but I also agree that it is important to identify businesses depending again on the size of the business related to the size of the sign. So that we avoid the type of clutter and redundancy that accompanies poor signage use. I think under our current ordinance, on one hand in this presentation we're being asked to ignore some ordinances that we have on the books .and on the other hand we're being asked to follow specifically other ordinances. I guess if I was convinced that these are certainly separate businesses and tho city is willing to stand behind that, I'm certainly open to apply whatever that presentation is more...but as the point was made, I think the city is a partner in this and there certainly are areas for negotiation in the issue of parking and I don't see why there's not areas for negotiation on anything else. I certainly think that it would be a nice development addition for the downtown area. I certainly would support, if we can work out these other issues. I think certainly for the 38 Planning Commission Meeting - September 1, 1993 signage proposal, I would ask that certainly the intent of what we're looking for be served. And I think also on the parking, I would like to kind of list~ to reason on that because that particular area had been developed certainly years before... Brad Johnson: Can I add one comment? Apprecia~ what you said and I think woql come back...but I just got to make sure we don'C..in re, al life the r~usurant is a totally separate operation...and there are two current tenants in town that would disappear I think if nobody... They're in the building now... Farmakes: I did want to list some concern about the signage subcommittee. There was a committee put together. Half of the committee was made up of Chan Chamber of Commerce members. President of the Chan Bank and Mr. Borg from McDonalds. Brad Johnson: There were no downtown retailers... Farrnakes: Well I guess, it's hard to list the bank as being considered retail although...ifs certainly located downtown. But they are a Chanhassen business owners and they do deal with the same problems that I think any business in town so I just wanted to let you know that there were members on that committee. In fact, they made up half tho committee. Conrad: A lot of business people still have concerns with visibility. We struggle with that all the time and there's a compromise here but if you went and surveyed them, Joe you might know better but, I don't know. Even recent developments. They're always going to want more. For sure, so ifs hard to really assess accurately whether .we're giving them fair .. exposure. But the one thing for sure is, we have to give thom reasonable exposure, and that's easy to say but hard to define. But there's no reason to hide people. There just isn't. Just a couple, I like what I see. I think the challenge is to figure out how to get people from the back to the front. You shake your head Brad, I don't see it friendly. I see the front row friendly, and I'm not real concerned about the 3% because the front visually looks good and usually greenery breaks up big parking lots. It makes things look, for people. This looks, the front looks for people to me, and I know Nancy, and I'd like to have the $ but on this case, and I'm not trying to say developer don't try. But on the other hand, the front seems real good. I'm concerned with the back. I'm concerned with the passageway to the front. I'd like. . to eliminate more parking in the front and dump it to the other side but Fred, I hope you can find some great solutions for us because I'd really like to take some parking spots from the front and put them some other place. But thafs what your smdy's going to tell us. But again, I don't have a problem with, I know we're going to work out the signage. I don~t have a problem with that. I just really do have a problem with the passageway. So I don~t want it to be a dark, dreary place coming through. Ifs got to be friendly both sides and that makes it a workable project for the owners. That's my biggest concern. Nothing really, the other things 39 Planning Commission Meeting- September 1, 1993 we're going to solve. There's no doubt in my mind. Anything else? Anything. Okay, is there a motion? We probably want to table this. Mancino: I move that we recommend that we table this request until a parking study has been done for the entire Chanhassen Mall, Bloomberg Addition and it comes back to us. Conrad: Is there a second? Scott: Second. Conrad: Motion made and seconded. Any discussion? Mancino moved, Scott seconded to table the pmlimimy plat to replat Lot 2, Block, Outlot C and Outiot D, Bloomberg Addition into 3 lots and ft site ~ review for a hotel expmsion and resem,vant between Country Suites Hotel and Frontier Building until a parking study has been done for the entire Cbanhassen Mall, BIoomberg Additio~ All voted in favor of talding and the motion carried. ZQNmG QRDINAN~E AMENDMENT TO LAND~C~t. PING REQU1REMEN~ FQR ~ITE PLAN REVIEWS. Public Present: Nome Addrus Harold Schobelstad Tom Dunlap Kevin Norby Southwest Metro Transit Chanhassen Tree Board Norby and Associates Paul Kmms presented the staff report on this item. Vice Chair Conrmi called the public hearing to order. Harold Schobelstad: Good evening. My name is Harold Schobelsta& l~m a landscape architect with...I'm here to add a layer of complexity if you will to ibis particular ordinance. What I would like to do is make a couple of introductory commentS and then address the ordinance in particular. Our office is a planning consultant to Southwest Metro Transit Commission. We are also planning consultants to l~innosota Valloy Transit Authority, southern suburbs south of the Minnesota River, as well as Metropolitan Transit Commission 4O Planning Commission Meeting - September 1, 1993 so we in our history have done a great deal of transit planning and design and consulting services. In our capacity with Southwest Metro, and again the roason...ordinance tonight here is the fact that Southwest Metro is thinking about park and ride lots in the city of Chanhassen. What effect will this planting ordinance, this landscape ordinance have on future park and ride lots in tho city of Chanhassen. Some observations that we have made, and again this is...realm of public comm0nts now. In Our capacity aS planning designers consultants for these various groups we have boon asked to look at numerous park and ride lots in the metropolitan area, and specifically the ~v~'innesota Valley Transit Authority asked us to investigate criminal activities that are taking place in park and ride lots. Again, one of those things that aS landscape architects we're not trained to do in school but it's something that we end up doing professionally. Consultation with the Eagan Police Department, where these particular park and ride lots that had increase soon criminal activity taking place in them, resulted in contacting not only Eagan but perhaps another dozen police departments throughout the metropolitan are~ It resulted in reviewing park and ride lots throughout the metropolitan area and coming up with several conclusions aS a result of that investigation. Fortunately, or unfommately, landscape ordinances play a part in enabling criminals to conduct their crafts with relative safety. Safety problems in apprehension. Planting ordinances apply, letter of the law if you will, based upon ordinances...do enable criminals to, aS I mentioned, do everything from steal cars to vandalize cars. They address not only the professional criminal but the vandal. This is again, all a result of our investigation into what is happening in other metropolitan areaS. As I said, this adds another layer of complexity to a planting ordinance to an ordinance that other communities in this particular ordinance is not unlike many other, many landscape ordinances. The one that I mentioned in Eagan in particular. The ordinance is very similar. What has happened in Eagan, and other ~---. communities aS a result, is that wonderful jobs have been done by other landscape architects. By developers. By building owners to create this perim~r around parking lots which make the parking lot rather benign to the passers by but also aS a result, berms, plantings, especially around the perimeter, have created a visual screen that in the caSe of park and ride lots, and I'll address that particular item, creates problems. Why is that o~g? It's really a function of short term versus long term and perhaps aS a solution or an amendment for again this added layer of complexity to your landscape ordinance, we would just aSk you to look at perhaps further defining in this particular case, what parking lots are all about I mentioned short term and long term. Park and ride lots are traditionally historically developed independently a long term parking scenario. What that means is people show up early in the morning. Jump on a bus. Go to work somewhere else and come back later on in the afternoon. As compared to short term parking. Target parking lot would be a good example of short term parking. We're not looking necessarily by uso. We're more looking in terms of duration. Again, an example in other cases in the metropolitan area have indicated that these long term lots, perhaps single purpose lots, are the gr~ targets. Again, our concern hero tonight that Southwest Metro is in the process of planning, looking at separate uso park and 41 Planning Commission Mooting - September 1, 1993 ride lots within the city of Chanhassen. And Southwest Metro has to abide by planting ordinances that require a rather dense perimeter treatment of berming, fencing, and planting. Is that Southwest Metro is opting itself up to a public safety issue, and that is a concern on the part of Southwest Metro, or really any other transit provider in the metropolitan area, because ifs a public relations issue. If a park and ride lot is not safe, the...put down that they receive less ridership as a result of some of these ancillary facilities. It's something that was not really considered when park and ride lots were ftrst thought of as being a good solution to providing ridership, or increasing ridership. Case in point is 1-394 and all the new park and ride lots that have been installed along 394 and have abided by MinnotoHka, St. Louis Park, Golden Valley. All the various landscape ordinances along that particular corridor. They have been treated very, very similarly to the two lots in question in Eagan where 3 or 4 or 5 years down the road there is going to be a very dense screen ali the way around a single use parking facility along 394. They're single use. They're just for park and ride lots. There's no adjacent retail. There°s no mix use in that particular parking lot. There's...What we are asking tonight is just perhaps again a further refinement. Perhaps a further dexemition of the planting requirements as it relates to parking lots. I think part of the ordinance already addresses that. Interior landscaping, there's a height restriction in terms of a 2 foot max on shrubs with an interior parking lot island. What that allows people to do when they're traveling around a parking lot is to be able to see. Something that we would ask you to look at would be screening for visual access as well as scr _e~ning for visual impact and this is again dealing more with long term specific use, perhaps park and ride but other particular uses that are more in line with long term parking, and again this is a direct reaction to comments that we've received from law enforcement. That says long term parking lots will be, and will continue to be, targets for crime.-. With that I guess-that's .the only .comments thai ~.. I would have. If you have any questions. Conrad: Specifically, have you looked at the, gone through our ordinance? Harold Schobelstad: ...yes. Conrad: And as you talk about outside scr _eening, what, you~e said make a difference between long term and short term but specifically where would you recommend we look at in terms of the wording right now? I*m not sure that we're. Harold Schobelstad: I don~ think we're that far apart In terms of uses or duration or what plant material goes around or what constitutes a screen. I think what needs to happen here is just a recognition on the part of the Planning Commission, and in the letter of the law of the ordinance, that there are different kinds of parking lots. And based upon duration I think would be a good way to deirme differentiation or classification. Keeping in mind that if you 42 Planning Commission Meeting - geptemb0r 1, 1993 have a single use, long duration kind of parking facility, it is going to be a target in the future. Conrad: What comes first? Obviously when you have long term parking you have criminals who are going to go there. Something causes that. Scr _eening doesn't cause criminal behavior. Long term parking causes criminal behavior. Harold Schobelstad: Screening enables criminal activity. That has been the net result of any Farmakes: But if parking is 20 cars deep, aren't the first 10 cars blocking your view from the other 10 cars? Harold Schobelstad: Not necess~ly. Farmakes: ...I can only see so far through the cars. Harold Schobelstad: But specifically, and again this is based upon experience, those kinds of parking lots also have relatively quick turn overs. A Southdale. A Target. A mixed use development parking lot tend to be larger.. Those particular lots have more turn around. They have more activity. Criminals don't like them. Farmakes: If the perpetrator was to do something, what you're saying is that if a squad car can drive by on a city street and they look into the parking lot unobstructed from a 360 - degree angle, that a criminal is less likely to go in there? Harold Schobelstad: More importantly if the criminal was in.~de the lot and can see out and notice tho squad car coming by. Or notice any car coming by, that criminal is less likely to conduct business there. And again, this is based upon interviews. Harberts: It's a major crime problem over on the 1-394. My understanding is that they have been very hesitant to having that much screening again because it's a very significant problem with crime. Mancino: So is there security? Is the Transit Authority going to issue some security that happens then? Harberts: No. They're at their own risk...What we try to do though is we encourage the local policy departments to maybe drive through, ~hings like that but there's a lot to be said that, when any passerby can go through and just look. We've had some of our park and ride lots 43 Planning Commission M~ting - September 1, 1993 where there was criminal activity that was in the process but because someone was driving by, they were able to alert the city and it was stopped. Harold Schobelstad: Two cases in point. The...Eagan that we wore originally brought in to investigate, were down on MnDot right-of-way. By MnDot, according to city plans and ordinances and they were done about 7 or 8 years ago. They were down with comprehensive berming and planting that was great in terms of the plant materials used, the quantity, the quality. Like I mentioned, they're like 7-8 years old now so the plant material has grown up and matured, especially the dense, 3 to 4 row deep of shrub hedge that was planted around the perimeter as a result of the ordinance...Those are the lots that are experiencing activities. As I had mentioned, the 1-394 lot also done by MnDot, also done according to local planting ordinances, has the same plant materials...3 or 4 or 5 years from now, that same plant material will grow up and the same problems will occur with the same potential will occur that is already happening in Eagan. Conrad: Interesting. While most park and rides will be on major roadways and if we wore putting on Highway 5, we'd probably screen it. We would probably not think that that is something that we want to show off. We would berm it and plant it. Harberts: Well, when it will be a sing)e use. Krauss: ...that's the key and I'm familiar with the two park and ride lots Harold's talking about because I live down the road from one. One's across tho street from...and you literally cannot see from those homes into the park and ride lot because the berm...and the landscaping:~ is so thick. But you're talking about very large park and ride lots and people are in at 7:00 in the morning and the criminal is pretty well guaranteed nobody's going to show up for the next 8 hours, and you cannot be...I don~t know if we have a unique situation...but the one park and fide lot we do have is down behind...it's across the street from the shopping center and next to a hotel and bowling alley. The key thing goes back to...came up with this thing 40 years ago. If you can keep activity, if you can keep an area vital, griminals dontt like it. Now, as you're aware, we're working with the Southwest Metro and the possibility of different park and ride options but one of them is along Highway 5. It's a mixed uso project. I think those are ideally, from a crime standpoint...people coming in all tho time and that's the real. secrec- The ones that are tho most difficult, the ones that...the original one we were looking at out on Dell Road was...parking lot. I had conversations with Jim Lasher about it a couple of years ago and when we ~ looking at it, he wanted to have it looking exactly like the ones in Eagan do, so you don't see it. Now maybe there's some kind of...I don~t know of any other use that has a similar problem. I mean when...long term, short term, arguable somebody's...than a park and ride lot is. Planning Commission Meeting - September 1, 1993 Harold Schobelstad: Maybe it's the difference between public and private... Krauss: But we're talking about one particular type of parking lot thafs different from any parking lots that we have in the city. I thinle we have to come up with some Idnd o£ a combination for it... Harold Schobelstad: I think that perhaps the way to go is it long term, is it short term, is it public, is it private, is it mixed use versus non-mixed use. I think the added layer of complexity here is perhaps an onus on city staff that you have to take a look at this but if there's some flexibility in the ordinance to be able to say this is single use, long term and we want to protect the people that are using this particular facility. Mancino: ...public safety. Farmakes: How large are you talking about? Harberts: 300 to ~00 cars. Farrnakes: If I was driving into Chanhassen and seeing 500 parked cars there, I'd have a problem with that. I don't see how that's not_.different than a car dealership. Small number of cars. What does the metropolitan airport do for long term parking? Do they provide drive by security?... Krauss: I hope that we find some uses for Southwest Metro parking would be a mixed ~use-......~ project and then there... Conrad: Paul, do you see any verbiage in here that needs to be done to talk .about short term, long term parking? Krauss: Short term, long term for me doesn't do it. By definition a lot of things are long term. Office parking lots. Anything that you'd go into, the only thing thafs short term is like Market Square where everything tums over...every hour. Harold Schobelstad: And you have to think_Jaw enforcement community too. Non-corporate headquarters type long term office parking definitions. Corporate headquarters are typically that private property kind of no trespassing...but longer term office parking, that doesn't appear part of that corporate campus are also prime targets because it is long term type of parking. They know there's not going to be a lot of turn around. Again, if you have office, retail, restaurant, yeah. There's going to be. Again, that's mixed use. 45 Planning Commission Meeting - September 1, 1993 Farmakes: Are you talking property on here? Do they give you a percentage breakdown of what they're talking abouff Harold Schobelstad: It's vandalism by amateurs and car thor by the professionals, and everything inbetween. Krauss: You would probably tend not to have the bodily harm type of thing because when people are coming in, they're coming in droves. When people are actually leaving... Mancino: And they did a comparison between those that have had perimeter landscaping versus those that don't'? Harold Schobelstad: The police reports, they're... Farmakes: Is it because of the economy that we're building one single...such a large central parking lot? Harberts: You have to remember too that transit is a public service that's being provided so we are trying to do it to economies of scale. And given the configuration of the way service deliveries will be happening in this corridor, youql see the fewer, larger'park and ride lots and there's a lot of different I think laudsc~ing alternatives I guess and what we're looking for is that flexibility because public safety is a big question and has beam demonstrated that it is a big problem. I think we kind of got over that, well I guess Chaska's not too, very good example but I think it's a nice example of some alternative landscaping. Over at tho Chaska----.~. brick... Harold Schobelstad: ...interior islands that are planted. Farmakes: How many acres is that? Harberts: It's small... Mancino: It's really well landscaped. I think we're going to get-down to. security-issues and also having security in park and rides. Scott: I think too also that, I mean although it's not addressed in this particular ordinance, now that, I mean we're aware of it I flainir public safety will become aware of it. I don~t think that we should take the time to try to do anything with this ordinance right now. What I think we should do however is that tho park and ride lot's going to come swinging by us, when that thing hits and say oh okay. Wall weql be focusing on it Youq_l be helping us with 46 Planning Commission Meeting - geptember 1, 1993 it and it's very easy for us to say oh, well this is the reason why. Let's exempt this from Section such and such and then the City Council. Oh, that makes sense to us and then it will scoot through. So I don't want to take the time doing thaL Harold Schobelstad: ...there is that potential... Scott: You can change any ordinance at any time. Farmakes: ...parking lot of that size...that many cars parked in that, 6 acres of cars, you're going to have by itself natural obstruction to view...you're going to have a hard time stopping that. Harold Schobelstad: Please don~t look at it as a sea of 600 cars all by itself. It's not intended to be that. It's that size because it's not just going to function as a parking IoL It's also going to be somewhat of a transfer point. There will be buildings. There will be plantings. There will be plazas. There will be other amenities on site that just don't make it a sea of parking. Scott: Diane, are you comfortable having this thing go through the way it is but then just, now I think that we're a lot more edu~ as to the risk and then I think it will be easy too for us to say, well in this particular instance ordinance-A,. B, C is fine. O, single use, long term, out in the middle of nowhere per se, we're going to want to work on it. Krauss: We can always try. I mean I'm not adverse to trying to come up with some language...back it up and say, well I'm long term. Scott: Yeah, I'm a car dealership. Krauss: I don't know of any parking...that hasn't made exactly the same argument. Scott: Yeah, that's why I'd rather leave it like this. Conrad: I don't see the verbiage in here that doesn't give the flexibility. I think the flexibility is there to treat this. There's not a hard rule that says you have to berm 6 feet or' whatever. I'm looking under vehicular areas. Harold Schobelstad: ...that says something about the goals of the ordinance. The intent of the ordinance is really what all this technical shift in the ordinance is ail about. Tho goal of the ordinance is to create or minimize the visual impact 47 Planning Commission Meeting - September 1, 1993 Krauss: And when you look and it says, 20-118lA, parking loC..now we can change thaL That's been in the ordinance for 5 years... Harold Schobelstad: ...based upon concerns that are now coming to the...b~ some of these kind, rather unique facilities are maturing and with their maturity comes problems. It is a public safety issue. Harberts: We have the opportunity here to learn from experience. You know at Southwest Metro we're not here to ask, change your policies just for us but recognize that transit is here. To help us be successful, to reduce some of the safety issues that have been demonstrated in other areas. We're looking for, if this is an informational, is it comfortable with that. That's fine. Ideally language even something to the extent that transit may require or may be able to have some flexibility or something. I don~t know. Farmakes: How would be this be different than a large scale company coming in, putting in 6 acres of parking around it's facility and work from 8:00 to 5:00 in the afternoon? It would be the same premise. Harberts: Well, but when you're looking at a company like that, you're also looking at, do they have vendors that come in delivering products? Scott: Or people leaving for lunch. Harberts: Do they have other customers. Farmakes: Usually there's not...such a large scale employer. Krauss: You also have a building with windows... Farmakes: Some are so large it makes no dit:~'erence. Krauss: But they may also have internal security. I mean there seem.~ to be three approaches to dealing with the problem. One is a physical one by design...transparent and impossible..... One may be to address the security issues on it somehow. And tho thir. d one is to .try ancL... mixed uses so there's not the problems in the first place. I tend to favor that last option for a lot of reasons but it's not always going to be possible to do it. Conrad: Okay, thanks. Other public input? Kevin, youNre looked at our ordinance. Okay, we've got somebody else. 48 Planning Commission Meeting- September 1, 1993 Tom Dunlap: Hi. I'm Tom Dunlap and I'm on the Tree Board along with Nancy and I'd just like to say with respect to that, that's interesting that something we didn~ bring up at the last meeting. It crossed my mind and I cant remember why it slipped and we didn~ discuss it but the safety issue. I would like to state, at least my reading o£ the way that ordinance roads now is that it really sets some bounds. But any time you set bounds, it also creates a lot of freedom and I think we just heard from a landscape architect here who knows the issue and I don't believe it's the city who's going to be designing the landscaping for any project they would bring in. I believe it would be a landscape architect who also knows those issues. And I don't know that there's any great reason to change what you have in front of you. I would be concerned about the least common denominator type of thing as discussed before. There were some things when it was brought to the Tree Board that we actually...from what was on there. Based on some input that was made, and I think there was some very good input made on behalf of the developers but I would recommend going ahead with this...And I don't believe that there's...At least I didn't, it wasn~ obvious to me. Conrad: Okay, good. Thanks Tom. Kevin Norby: Again my name is Kevin Norby. I'm a landscape architect. I wrote a letter after the last meeting. I'm not certain if you got a copy of that. I think Paul got a copy...but just some quick comments about the ordinance and I think most of the changes that have been made are good. The only thing that I didn't see in thoro that I sort of hoped to see was maybe a recommendation to improve shrubs and/or ground cover list At least the attempt ~ A lot of what we're seeing over in Market Square again and the use of variegated do~d and purple leaf...middle of the parking lot I would hope we would avoid, in the future and ..... maybe more appropriate plant material for both safety...could be dealt with if we had some recommendations, or at l~st some guidel/nes. Mancino: And I think you even volunteered to maybe help with that Kevin Norby: I did. Scott: Now it's public record. Kevin Norby: That's all I have to say. Conrad: Good. I appreciate all your help Kevin. Scott: And on video. 49 Planning Commission Meeting- September 1, 1993 Conrad: Yeah, it's on video. You can watch it Saturday morning or sometime. Any other comments? Is there a motion to close the public hearing? Scott moved, Mancino seconded to clo~ ~e public hearing. Ail voted in favor md ~te motion carrie& The public hemin~ was dosed. Conrad: Folks, we're at 11:30. Scott: 10:30. 11:30 Eastern time. Conrad: 10:30. And we're screaming towards 11:00. I really want to get us out here at 11:00. We've got another issue but on the other hand, this is an interesting ordinance. Jeff, start at your end in terms of what you want to do. Comments. Farmakes: I have to admit that once I started looking at the pieces that make up the whole sometimes it's difficult to envision what the whole is. Particularly when you deal with an ordinance that has to be applied to different applications...work with any and all things or what is the least you're willing to accept. After Brad's comments, I wasn't a part of the Market Square development. It predated me. It's really the only large scale parking lot that we've worked since then I think is Target You may improve my memory on that but usually other than that, we weren't talking several hundred parking spots. I have looked at other developments and how they've handled parking, in particular I guess the Opus parking lot, shopping center development...and they had the large berm with huge trees. Now they're... and I like that. I mean I like the larger spaces that you were talking about earlier thafs ...... ~.. maybe more strategically placed than maybe winding up with all these burned out trees. They could wind up with row upon row upon row and once these trees mature...early 60's, it doesn't give...Southdale a 360 degree sight line once the trees get large but it does aesthetically buffer the building to break up from the street anyway. Break up and to enhance the property and it gives the effect of scr _e~ning the parking lot. It gives the effect of enhancing the appearance of the building. I think really that's what these ordinances are trying to do. Trying to enhance and integrate bituminous material row upon row of cars entering into an attractive area. In particular, Chanhassen's really committed to an older development where the cars go on the front between the people and the buildings that they- access. The die is cast there and until most of the downtown is redeveloped in the future when we're all old and senior citizens, the area that we're planning, that isn't going to change. so I hope that this ordinance works out for that. I've read through it and I have to say that I understand as much as I can about it. As it would work in any individual play, that is yet to be determined. I have no specific comments. I ~ini~ that the corrections that you made are viable. I don~t have any... 5O Planning Commission Meeting - September 1, 1993 Conrad: Okay, thanks Jeff. Nancy. Mancino: Well I sit on the Tree Board committee and so I do support it...has given me a few new perspectives tonight for public safety and I will take that very seriously when I do look at landscaping plans. Plans that come in from developers and thank you for that because I appreciate it. I would like to add, as Kevin suggested, and I had my notes and I too would add, a list of the shrubs and the ground cover that would work in a parking lot island because I think that will help us to have more green space than gray pebble space, so I'd like to add that to it. And if we could do that timely, in a timely manner, that would be most helpful to get it to the City Council. Scott: Yeah, I appreciated the insight on the public safety. Thank you very much. rll defer to Commissioner Mancino as to the appropriateness of this document so I'll support it for that reason. Our tree individual. No more commentS. Conrad: Matt. Ledvina: No commentS. Conrad: I don't know if I should call on you or not Diane. Harberts: I'll be abstaining. I don~t have any additional commentS but I think our purpose in asking our landscape architect to be here that, you know transit is relatively new to development to Chanhassen and one of the-things that we are woricing on and we'll be bringing it back before each of our three cities, Eden Prairie, Chaska and Chanhassen is to... that corridor plan to hopefully become part of the city's comprehensive guide plan. Hopefully we'll get away from some of the traditional views about the roadways, parking, the buildings in different corridors because hopefully transit will make sense. I think if' you, maybe I'm being a little philosophical here but if you look at whafs happening in just overall in the nation, transit is becoming more of an element in all communities and I th~nk in the next few years, with tho direction that Mot Council is giving with the requirement to see as part of the comprehensive guide plan, with federal funding. Federal funding projects are tied to transit. So I think that, and think this is just part, the be~nning of the education process so it will be fun to bring that information back to the 2 or 3 cities and you know, it's not going to be an attitude or plans or process that changes overnight but I thinlt this is, like I said, an education process. It's happening for everyone. It's not just at the city level. It's at the State and it's at the National level. So it's really exciting to be part of it That's it Conrad: Well I think that was a good perspective on security. And Pve looked at this and I don't know how I would change this right now. 51 Planning Commission Meeting - September 1, 1993 Harberts: And I don't know if the answer is to change it right now. Like I said, ifs new and Think the experience is starting from the... Conrad: I think there are two things that should, one thing for sure that should bo done and I think the City Council should somehow hear the same things tha~ we did and it may be, I think thafs real appropriate. Because at least youYe assured that for the duration of folks here and there, they're going to be more sensitive. But the ordinance lives on. And to toll you the truth, that's what you want to make sure you're comfortable with. As I read it, and I made the statement, I still feel I had the flexibility with the ordinance to take care of those problems. I didn't feel positioned, like Tom said. I think tho way he read the ordinance, we weren't positioned in the berming, everything so you couldn% and I read it and I didn't feel that I was positioned into that. Now maybe I,m wrong but that's how I wanted to read it right now at 10:35 or 10:40. But from that standpoint, I would certainly and with the things that Paul's mentioned about multi-use or whatever, It Cel'minly seems like we have to be kind of flexible in how we approach some of these. I still have a need to screen parking lots. Bottom line, it's one of those things I really dislike and I don~t like places where you stop cars and just sort of leave them and they tend to look real ugly. So that's a real. Harberts: I think that's a real traditional view. Conrad: I don't know if it's a traditional view. I thinl~ we're finally figuring out that, as we look at Target, that Target can make their parking lots attractive. They don~t have to be an eyesore and I think-that's what this is trying to do. It's turning a negative into a positive . which I think. Harberts: And tonight, and hopefully to creste that comfort level is that for our product, our service to be effective, we put a lot of emphasize, time and money into landscaping and if you're down in the Chaska area, please go down and look. I mean thafs our commitment. You'll see a very high quality commitment that we bring. Farrnakes: How many parking spaces does Chaska? Harberts: It's only 16. They gave us right-of-way and we used it. Mancino: So it's not a sea of parking lot. Farmakes: Why is our's so big? I-Iarberts: Well, just the demand. Utilization and demand. 52 Planning Commission Meeting - September 1, 1993 Farmakes: For Chanhassen? Harberts: We have 13 large buses that carry anywhere from 44 to 65 passengers on each bus. 13 of them that come through this way every morning and the way the configuration is with the population density of tho three cities, where your markets are. Farmakes: For 3 cities? Harberts: Chaska, Chanhassen, Eden Prairie is our service corridor. The way the roadway system is set up, Chanhassen probably has the best level, one of the best levels of transit service. You know and I'll also just note with the reverse commute, things like that so there is a stake here but like I said, we certainly have a commitment to bring/n that quality because we have a product or service to market as well. Conrad: Well I think that's neat and I think we want to help you market that too. I think we~,e always been sensitive trying to figure out how to get people pooling or using mass transit. I want to do that. Harberts: I would just like to add that Southwest Metro, if Harold if you're available when this moves onto the City Council, that we'd be more than happy to have the ~milar presentation made before the Council if you folks desire. Conrad: I think that's good. Okay. Otherwise I like all the changes. I actually understand .. this ordinance far better than the last time it came flux)ugh here and-as Jeff said, I don't know -. ~.. really what it did. You know you see the little parts but you donk know what the whole is. But it sure looked better this time through so this last 2 weeks Kate, you know it's one of those good decisions I think to table it and send it back Mancino: ...Tree Board. Conrad: Hip hip for the Tree Board. I like that. Farmakes: ...availability of financing and the parking that we do have. I have never heard that we had 100 feet based on how much money a bank was going to be...that's awfully close. Conrad: Okay, is there a motion? Scott: Sure, I move that the Planning Commission approve the amendments to the ordinance as shown in Attachment #1, and we're talking about the parking lot, landscape ordinance dated August 26th, 1993. 53 Planning Commission Meeting - September 1, 1993 Conrad: Is there a second7 Farmakes: Second. Conrad: Discussion. Mancino: I would just like to add the addition of an approved list of shrubs and ground covers that is an addendum to the tree list. Conrad: Would you add that to your motion Joe? Scott: I would accept that. Conrad: Good. And the only other t~ing, and I didn't pick it up earlier. There was one line that said, all new plantings must have irrigation systems available. The word available. What does that mean? Nancy. Why is that. Mancino: So that they can turn them off. Conrad: You're comfortable with the word available? Mancino: Yes. Is there a reason why you put available for irrigation systems when we said that? Conrad: It says on page 3, all new plantings must have an irrigation system available. Krauss: I think that there was discussion about if yotc..you didn't necessarily have to turn it on and da da da Mancino: During the wet season you can turn it off. Krauss: Right, but they're all pretty sophisticated systems. Conrad: OKay. Any more discussion? Scott moved, Farmakes seconded ~lt ~lm Plmning Commi~ion rr. commead ~0 approve ~le amendmems to the lmridng lot landscape ordimmce as shown in A~maent #1 wi~h lhe midigon of an approved list of shrub and ground covers as m Mdendmn to the tree lisC All vo~ed in favor, except Harber~ who abstained, and ibe motion canied. 54 Planning Commission Meeting - September 1, 1993 PVBH¢ HEA~G; ZONING ORDINAN(~ AMENDMENT TQ ~~0N 20-S7S - 20-59S Rg/~-_ARDIN(~ LOT SIZI~, Kate Aanenson and Paul Krauss presented the staff report on this item. Vice Chair Conrad called the public hearing to order. Vice Chair Conrad noted that no one was present for the public hearing. Fannakes moved, Mancino seconded to close ~he public hearing. All vo~.A in favor and ~he motion carried. The public heari~ was closed. Conrad: I'll open it up in general. If there are comments to this particular amendmenL I won't go around but if there are comments, please bring them up. Mancino: I support it. Harberts: I think Paul's comments though in terms of the subdivisions within the MUSA line has merit though in terms of requiring sewer and water I guess. I don't know all the angles here but I think that has a lot of merit. I would support that kind of language then to be added. Aanenson: That'd be a separate ordinance that would come back. Mancino: I don't want to have to hook up'to sewer just because the people behind me are subdividing and they're within 150 feet of me... Krauss: Well a lot of times you know that is the standard issue in the assessment projects. Who gets nicked and the typical policy is th~ Mancino: I°m not benefitting. Krauss: Well, the typical policy has been if you're within the service area, the Council gets you for one unit of assessment. And in the future when you subdivide property, you pay the other...so they would defray the cost but the dollars are being paid All of it's...matter of it being paid now or pay it later. Conrad: Is there a motion? · Mancino: I move that we approve the minimum lot size in the rural service area, ZOA 92-1 as given to us by staff. 55 Planning Commission Meeting - September 1, 1993 Conrad: Is there a second? Scott: Second. Mancino moved, Scott seconded _dh _nt_ fine Plmming Commission mcomnmnd approval of Zoning O~linance Amendment ~o Section 20-S7S - 20-S9S r~garding rural lot sizes ns recommended by staff. All vo~! in favor and ~he motion carrie(L NEW BUSINESS; Ledvina: Mr. Chairman, I had one thing that I'd like to say. Tonight we talked about variance to the ordinance as it relates to setback and I realize that this is for the hotel expansion. Aanenson: Not the setback. For a lot width requirement. Ledvina: Okay, the frontage. At any rate, in the past we~,e had variances that we've looked at and I guess in my opinion I would like to see a little more vigorous analysis of how we're looking at variances because there are various tests that are, these variance requests should go through to see if they're valid. Farmakes: There is a set of criteria. I think 12. Ledvina: I'm not saying go through the whole list but I would like to-see a little more - rationale and a little more analysis as it relates to variances when we're given staff recommendations to go ahead and grant those variances. Just a comment. Conrad: I think that's valid. It helps us not set a precedent or it helps us set some standards or some rationale. Why do we have a width requirement and what's the purpose or if we're really not hurting the purpose. Ledvina: Yeah, why are we... Aanenson: Well there again, there's the fact that they wanted to have two separate owners. Two owners and originally they came in and there wasn't a variance requirement at all but the lot was split in such a way that, you know we could deny the subdivision and that would take out the sign problem. Farmakes: I think that that's pretty smokey and that's why I was. 56 Planning Commission Mooting - September 1, 1993 I-Iarberts: I thought it was creative. Ledvina: Well whatever, but just a general comment. APPRQVAL OF MINUTIa; Vice Chair Conrad noted the Minutes of the Planning Commission meeting dated August 18, 1993 as presented. REPORT FROM PLANNING D~R. Krauss: We did hire a replacement planner. I stuck his resume in there. Seems like a really pretty interesting guy with a lot on the ball. We did something rather unique. We've never met him. Conrad: Well then that's perfect, yeah. Krauss: We had 75 people apply for that job and Todd C:eerhardt and I got it down to, well actually...we got it down to 9 candidates we wanted to talk to. This was the only out of state person. He was born here, his wife is from here and was educated here. But he was down in Florida and we didn't have the budget to fly people up and anyway, Todd and I did a telephone interview with Bob and we liked him. And going on the telephone interview, we had him in our final 3. Well again, I mean he was willing to fly up here but on short notice it's an expensive flight so Todd gave him the idea of why don~t you send us a video. And he did a very cute job. He had a friend of his in the planning office down there ask him questions that he prepared and then he-gave' answers. And people would walk by the office .~-~. and say night Bob. It came across that he had a sense of humor and then we had a face that we could associate with. Then we got the staff together and we called him on a party line call, but you knew who you were talking to because you had just seen his video. So physically we've never the guy. Scott: Did you send a videotape of you to make sure he wanted to work with you? Conrad: Yeah if he was really sharp, he would have. I, IPDATE QN HIGHWAY 101 ALIQ-'NMENT STUDY, lZRl~ gl01~INGTON. Fred Hoisington: This is a very difficult commission to make a report to. The whole idea of this meeting and we've been trying to get to you a number of times in the past, has been simply to let you know where we are with respect to Highway 101. It is an important consideration and at some point in time you're going to be asked to approve something so we wanted to be sure you were prepped and knew a little bit about what was happening. Paul, I 57 Planning Commission Meeting- September 1, 1993 don't know if you've put any materials in their packets this time or not. How much do they know? Probably not these materials. Krauss: Oh no, not the new stuff. Fred Hoisington: I'll try to be as brief as I can and not go too far back and give some impressions of where we've been. Four years ago we looked at the alignment of Highway 101 in a broad sense. We looked at alternatives that ranged ail the way over almost to the lake, in the wetlands and so forth to the east and back to the west of the existing alignment of Highway 101. The alignment in 1989 that we settled on and the city ultirna~y approved was Alternative 1 which was the one that seemed the most agreeable. It seemed to have at that point the least impact and so forth. However, the world has changed in 4 years. Whafs changed is that up until a few months ago we thought the funding was more readily available than perhaps it is today. The ISTEA is available and may apply to Highway 101 at some time in the future. There are a couple of other things though that are more important today than they were 4 years ago. Really not more important but certainly given a lot more consideration, and thafs wetlands, the degree to wh/ch you can damage wetlands. We know you've had an ordinance for a very long period of time but with the wetlands conservation act of 1990, everybody got more in the act and so even the things that you%e done in the past are questioned...to meet all these requirements.- Another th/ng is that there's a lot more attention given today to archeological or cultural resources so we have been in the process of studying, counting trees. Doing a cultural resources study and a wetlands analysis that I'm sure that whatever we accomplish in the way of solution, the test fits the environment as we. knOW .it today. So with those changes we have looked at Alternatives. 1 and 4 again and- .:..-:~ we've looked at alternatives between I and 4. In other words we have not looked again at alternatives 2 and 3. This is what we call them. The alternatives are the existing TH 101 alignment. The approved alignment in 1989, which was a little bit further to the east, a slight westerly shift of that back towards existing TH 101 and then the use of the existing temporary connection...The red line is existing TH 101. The blue is alternative you approved in 1989. This is the modified version of 2 which pulls the alignment back closer to TH 101 and takes the two houses, provided the houses are there. The yellow house and the one next to it. It would actually eliminate those. Pull the alignment a lot fighter and create a lot less gap between existing TH 101 and new TH 101. And as a result of all that analysis, we also looked at one that we never expected would be given great consideration but actually stac~ up fairly well. Which uses the existing temporary connection for about this length and then departs existing TH 101. Still creating sort of the same area between the two alignments. Takes the two houses but what it does is, this would be an ali~rnent as would one that would require little filling at the creek, which means that there would be much less impact on the wetland with those two altemat/ves. Whereas the 2 and 3 alternatives would go right through the wetland and we'd have to do quite a few things...destmy it and mitigate the loss 58 Planning Commission Mooting - September 1, 1993 or you'd have to build it on a causeway, which would be a very expensive proposition. Which means we're talking a rather substantial cost, not only in construction but, of a causeway but also for a bridge construction in that case. Now, what we've been doing is establishing with the neighborhood. We met with tho neighbors in thia a. roe. What some of the criteria ought to be in evaluating these alternatives. And what we said is that we have a range of scoring of these criteria of 5 having the least impact. I having the most impact and what we're saying is that this is the existing TH 101 ali_anrnent and as it regards to cultural resources impact, there would be none. There were some found out there in the course of the study and the reason that we felt necessary to study was because Mnl')ot suggested that if there's to be many federal dollars spent on this roadway, that we best get that study out of the way as soon as possible. And there is sort of what I would term an indian junkyard there that is not very sizeable. As we know, we don't think terribly valuable resources in iL In fact some of them are quite modern resources. Some of them chtte to more like the 30's and 40's and perhaps 50's, so there's been a history of dumping things down over the hill right in the area, right in this part of the site where the slope is the gr~ coming down to tho creek. And that's where anyone who knows archeology would expect a find to occur. In that area and it's there. Now for most of you who know something about cultural resources and so forth and what you have to do with them, they are not impediments to roadway construction but you must do, if they're si..c, nificant, is extract them and be sure that they're preserved. In this case it hasn't even been determined yet if significant amounts to warrant saving but we know there are some things that are like fish bones and some chips and so forth that we know to exist but whether or not there would be anything more si~trnificant than thag we don~t know. Anyway in alternative 1, that would not be an impact. All the three other alternatives, there would have to be mitigation or extraction-or- whatever.so .weYe throwing up kind of a. red :flag~. in that case and not exploring this highly. We%e gone down through ali of this and what we've determined, at least in our first go 'through, and Paul and I still have to talk about this a little bit more. Is that this alternative scores the highest. This is the one that began, pulls the alignment a little closer than the approved ali~c, nment toward existing Highway 101 and it has a rather substantial tree loss, a rather substantial wetland loss and it does pass through the area where the cultural resources have been found. Now, we're open to suggestions as to how this thing might ultimately be scored and decidecL..rationale. In alternatives 2, 3 and 4, nil of them which traverse the area where cultural resources exist. And thnfs why we gave those a little lower score. In regards to wetlands, alternatives 2 and 3 would go through the middle... on tho other hand pulls it a little bit closer and you lose some wonderful oaks. But at least the numbers are less than would otherwise with the other two alternatives here. As far as neighborhood compatibility, Alternatives 1 and 4 are the least compatible because they're closest to the neighborhood. As far as alternative 2 is concerned, what it does is it creates a rather sizeable gap within which we had originally assumed housing to go but we needed to cut the gap down fighter because of the re. configuration of the interchange which simply means that we're probably going to have a lot of wasted land here. Or we're going to end up 59 Planning Commission Meeting - September 1, 1993 with some single family homes back into, on the one hand, fronting on existing TH 101, back into new TH 101. Which we think is probably not the most compatible or desirable of relationship and...now you tell me. Is that something that should warrant this it to be scored a little lower. Harberts: Are you saying though that those homes, they have all direct access? Fred Hoisington: All direct access to existing TH101. Krauss: But they'd be double fronted so their front yard is old TH 101 and their back yard is new TH 101. Scott: So old TH 101 is still going to be there and ifs still going to be like a local service road or something like that. Krauss: Anyway, as Fred's going through this, I thini~ it's clear that these have not been weighted. Scott: Yeah, that's my next question. Krauss: For example, when you have the alternative 1 and using the existing TH 101, as Fred points out that, that has si~ificant impact to the homes. Sure it's significant because 30 feet from their front door is a 4 lane road. But ifs given in this, so far it's been given the same value as the cultural resources. And by the-way, two of those .things they .found-.were..~ silver spoon and a historic piece of plastic, which we have yet to figure out exactly what that is. Scott: So you had somebody from the Minnesota Historical. You had somebody do some excavations or something like that? Fred Hoisington: Actually did a shovel tests. Krauss: But the weighting between a 4 lane highway 30 feet from your front stoop and a silver spoon...that*s not done and it's very difficult, it's hard for us to do that. It's pretty subjective. Harberts: But what's considered significant with the cultural resources? Is it something like 100 years old or 50 years old? Or is it the item itself? 60 Planning Commission Meeting- September 1, 1993 Fred Hoisington: Well things of course that they found here are indian artifacts. The things Paul's talking about, there were two generations of things here. I don~t think the more recent ones is anything anyone has any concern about. They simply had to report it because they found it but the ones they're much moro concerned about date back a lot longer than that. And there have been other finds here in Chan. Harberts: Are they burial grounds? Krauss: The stuff we found in itself I don't think is significant but it may be a precursor to finding something. Scott: So this is just basically a, ifs been a garbage dump of sorts for centuries but it's not as Nancy was saying, a burial area or anything like that? Krauss: It could be but they don~t know tha~ Fred Hoisington: Probably not. You have some mounds fairly close by but that, there are no mounds, burial mounds here. Scott: And what happens when this thing~s going through and then they find something that is archaeologically significant? Krauss: You just stop a project long enough to excavate it and then go on with the project Fred Hoisington: Sometimes it can stop a project for a long time. It's a very uncomfortable kind of thing. Just briefly, as far as costs are concerned, which does seem to-be an important factor to consider, alternatives 2 and 3, because we would fill through the wetland area, and to try to create also an underpass for trails. Try to separate trails, we have excessive cutting and filling. Filling down there perhaps a causeway construction down there so these two alternatives would be extraordinarily costly compared to the others which only kind of infringe on the wetland but do some filling in any case. As far as traffic conflicts are concerned, if you uso alternative I or the existing alignment. If you drive down there you know what the problem is already. There are lots of driveway conflicts and those are not . going to go away as traffic volumes increase to 15,000 vehicles per day or there abouts, the problem*s going to be worst. You dontt want houses on both sides of TH 101. Trat~c traveling 50 mph and so forth. As far as impacts on trails, one could suggest that this shouldn't, wouldn*t, as Paul indicated, be one of the factors that would be weighted very heavily if you were to go through a weighting process. But what we*re saying is you can't really separate with alternatives 1 and 4 but you can easily with alternatives 2 and 3 so that's why they raised 1 and 4 lower in that respect. And then as far as the neighborhood 61 Planning Commission Meeting - September 1, 1993 acceptance, Paul and I mot with the neighborhood and there's no question that the neighbors were comfortable with alternative 3, the formerly approved alignment but there were a surprising number of people that also spoke in favor of alternative 2. Now the concern I had with alternative 2, those who wore not necessarily over powering in favor of it wa$ that it would take two homes and there was a great deal of concern, or sympathy for those two folks. However, you should know one of them wants to be taken and they would like to be taken as soon as they can be taken. Ifs Willy Klein and his wife and they have health problems and they're elderly so they'd like to be bought. The other one is the old Klingelhutz, tom Klingelhutz house which the folks who own it now bought for a song. And they don't want to leave and they're very young and so' forth so there are some differences of opinion there but for the most part we concluded that we could say that at least these two alternatives would be acceptable alternatives to the neighbors and then as far as landowner preference, all preferred alternative 3. We have heard nothing else. So what we have is a list of 9 criteria. All given equal weight and when we give it equal weight, we end up doing this scoring of alternatives and I guess the Planning Commission could give us some direction on whether we should be considering weighting the criteria to based on it's relative importance. Scott: Well I think we need to go through and think about what we spend our time protecting but that pales in comparison with extraordinary development costs. I mean we can spend tons of time on doing all sorts of weighting but if the dollars-.and cents aren't there, it's a waste of time. So we could go through this exercise and it would be useless. Harberts: Unless the money somehow fell from the sky here. Scott: Yeah, but isn~ that kind of a crystal ball? At least we know that it's not as available as it once was. Krauss: It isn't. In fact we're trying to work on, we had a meeting last week with MnDot on Hennepin County corridor committee... TH 101 is a problem...We think it's a situation that n~ds to be addressed. It needs to be addressed by a multi government approach because it affects all of us. MnDot wants to get rid of it. The positions of the counties and the communities are probably that we're willing to accept it but somebody's got to fix it. There may be some sources of dollars, turn back funds...as a possibility. MnDot would love to get rid of it and again, another source of funds, if they do get rid of it to throw into the pot. Don Ashworth was in the meeting and of course whenever Don Ashworth is in a meeting~ and conversation comes to spending money, Don focuses on some adjustment to a TIF district to solve the problem which is one of the other ways of getting it. A lot of things are on tho table. I think what we agreed to do is work together and put basically a cooperative project together to figure out the approach to resolving this. Ifs not in the near term type of thing. I've got to believe it's going to be...12 to 18 months before we even have a recommendation 62 Planning Commission Meeting - geptember 1, 1993 of which way to go. The critical thing hero, well it's two fold. The die is being cast now with the change design. Scott: Mission Hills? Krauss: Mission Hills, right. Which has some, Mission Hills can be designed to have flexibility...a few of these things so it's not n~y the be all to end all effect. But the cleaner issue for us here is that nobody's out there taking care of this state road. If we weren*t in the position of being willing to have Fred, paying Fred to look at this, nobody would be interested in this. And as far as MnDofs concerned, it ain't their problem. I mean they understand that philosophically it is but financially, legslly, they're just not going to address it. They're not in a position to unless there's some kind of a turn back. The worst situation we can imagine is 5 years from now, hopefully, when 212 is under construction, and MnDot*s going to dump all this traffic out onto old TH 101 and it's going to go whi~ng past all these homes because there is no connection to get up to Highway 5. So we took the initiative and there's always a little bit of difficult when you do that because then the residents fight away think well the city's pushing this. We're not pu.qhing it. We're trying to move it in tho right direction... Fred Hoisington: It's important to know also, Paul has raised a very good point. MnDot will build up to 86th Street as a part of the Highway 212 project. When is another matter but when they do, their project boundary comes up to here so you really only have about a half mile gap to fill and if we don~t fill it, if the city doesn't address it, Paul's exactly right They'll dump it onto existing .TH 101. and that is not-the solufion,..This isa major madway~ ~ ~.. Scott: So another reason to realign 86th Street is to get MnDot. Did MnDot say they*Il build it to 86th Street, no matter where that is? Well yeah, because I know the fight-of-way was supposed to be vacated as part of the Mission Hills and I just, so is that the deal? Fred Hoisington: In this case, we didn't deliberately do this. Actually MnDot has aligned that. They created the alignment themselves because flzis angle. Scott: It's got to be 90 degrees. Fred Hoisington: Close to 90 degrees. And they required that...to get 90 degrees. Scott: Okay. So now we know where that came from. Fred Hoisington: What we can do is we can come back to you, we*ve still got some work to do to get this thing completed and we will investigate the cost question's a big one. How are 63 Planning Commission Meeting - September 1, 1993 we going to resolve that. What will they let us do and can we mitigate the loss of the wetland or just what? In any event, there will be some...costs. We~l look at that a little bit more and meet with the neighbors again and then we'll come back to you again but be thinking I 8uess about this whole idea of whether what we do...criteria to come up with different scoring of the alternatives. Conrad: I can't figure out how to do that Fred. Pve been looking at it and I think your scoring looked real accurate, as I know the area and as you assessed iL I could throw out one requirement on. I'm hoping we can throw out one or two, well one of those requirements on that scoreboard but it wasn't going to change the totals all that much and to weight one thing differently, boy. I think that's terribly difficulk This is a case where I do think wh~ Joe said, and I hate to talk, I hate on the Planning Commission to talk money. I never talk money. That screws up really our... Scott: No it doesn't. No it doesn'L Conrad: But in this case I think we should see the money and I think it's just sort of netting each option out altogether. I don~t think, I think you~e taken it to a nice, you've done a good job but I tell you, I think you%e got to come back and it's going to be a gut feel. Each one of those had some problems. Big problems for. me.. I:hate to see some groat trees taken down and I hate to see, but they're all happening, different things are happening to different, to those alternatives and I'm real sensitive to what the neighbors want thoro too. As you beat something to the punch, as you're anticipating, I do think that it would be nice to incorporate neighborhood input. It's one of those nice times when you can do that.: But I'm not sure .I: ...... ~ like what they want either. Farrnakes: Are you asking for the tunnel option? Conrad: Yeah, I think we should put a Lowry Hill. Krauss: ...and probably ask you to amend the comprehensive plan to put this completed study in there so it has some standing. One thing too that we never completed...the alignments never got officially mapped so it's not... I-Iarberts: Oh the new alignment? Kxauss: Yeah. I mean we had a center line kind of a[i~ment. We knew where we thought it was supposed to go but official mapping, under State law allows you to protect the fight-of- way. And that was never done. Planning Commission Meeting - September 1, 1993 Harberts: We have a park and ride lot mapped st 212 and 101, wherever that intersection is going to occur... Fred Hoisington: Good to be back. Thank you. Conrad: Thanks for the update. We've absolutely given you no guidance Fred. We love it. Okay, anything else before we adjourn? Harberts: I'll just add that last Friday Southwest Metro received almost official confirmation. Conrad: Almost official. For what? I-Iarberts: That we'll be recipients of $3.5 million in ISTEA funding for I guess our major transit hub. It will be located in the vicinity of Highway 5 and Prairie Center Drive in Eden Prairie but it certainly will help us then appeal to assess the park and ride in the Chanhassen/ Chaska area, We received the highest ranking of all major arterial projects. Conrad: In the country? Harberts: No, in the state. Conrad: Is ISTEA a federal or a state? Harberts: Federal. Scott moved, Mancino seconded to adjourn ~ meeting. Ail voted in favor md ihe motion carrie& The meeting was adjourned at 11'35 lxnL Submitted by Paul Krauss Planning Director Prepared by Nann Opheim 65