Loading...
CAS-13_AUTOBAHN MOTORPLEX - 8200 AUDOBON ROADThomas J. Campbcl. Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poebl, Soren M. Mattick John F. Kelly Henry A. Schaeffer, III Alina Schwartz Samuel J. Edmunds Marguerite M. McCarron 1380 Corporate Center Cur. Suite 317 • Fagan, MN 551:' 651-452-5000 Fax 651-452-5550 www.ck-IaW.eOm 0 0 CAMPBELL KNUTSON Professional Association Direct Dia[: (651) 234-6221 E-mail Address: snelson@ckdaw.com February 10, 2011 Mr. Bob Generous City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 RECEIVED FEB 1 4 201? CI7y pF CHANHASSEM RE: CHANHASSEN —MISC. RECORDING PROBLEMS ➢ SITE PLAN PERMIT 09-13 — Autobahn Motorplex/Bruno Silikowski (Part of SE 1/4 of Section 15-116-23 and Part of SE 1/4 of NE 1/4 of Section 15-116-23W) Dear Bob: Per our telephone conversation the other day, this is to advise in writing that I have been going round and round with the County for a year now trying to get the above referenced Site Plan Permit recorded — this last time around the Torrens Examiner got involved. The problems are as follows: Site Plan Permit 09-13 approves an amendment to the site plan for Autobahn Motorplex, Planning Case #09-13, permitting the installation of decks on the certain units in approved locations; and describes the torrens property in the original Autobahn Motorplex site plan (Site Plan Permit #06-34) for the land described in Torrens Certificate No. 33040 in the name of Autobahn Motorplex, LLC. • The land in Torrens Certificate No. 33040 was subdivided in January 2007 which created new Torrens Certificate Nos. 33485 and 33486, both in the name of Autobahn Motorplex, LLC, and cancelled Torrens Certificate No. 33040. On November 7, 2007 Autobahn Motorplex filed a Common Interest Community ("CIC") plat named Auto Motorplex CIC Plat, CIC Number 131, which included the property described in Torrens Certificate Nos. 33485 and 33486, together with additional real estate. Filing the CIC plat cancelled Torrens Certificate Nos. 33485 and 33486 and created four new certificates of title, all in the name of Autobahn Motorplex, LLC. Two of the new certificates SPANNED Mr. Bob Genus is City of Chanhassen February 10, 2011 Page 2 covered the common areas and additional real estate, and two of the new certificates covered the individual condo units in the CIC. • Autobahn Motorplex then started selling some of the individual condo units in the CIC plat, creating more new certificates of title that are not in the name of Autobahn Motorplex. Since the above referenced Site Plan Permit concerns installation of decks on individual units, it is the opinion of both the County Surveyor and Torrens Examiner that this permit be recorded against the certificates of title for the common areas and additional real estate still in the name of Autobahn Motorplex, LLC as well as against the certificate of title for each individual unit involved (the County Registrar's office estimates the number of certificates at 67+). The Torrens Examiner also stated that we must include signed/notarized consents to the Permit from the fee owners of all affected units before the Permit can be filed. FYI— recording the Permit against 67+ certificates of title would cost $1,366± in recording fees. Given all of the above issues and the extremely high cost of the recording fees, I am enclosing and returning to you for your files the unrecorded original Site Plan Permit as you requested. You should also keep in mind (and maybe put a note in your file on Autobahn Motorplex) that the above issues will more than likely come up again with any additional site plan permits or amendments to the site plan for this property. Regards, CAMPBELL KNUTSON Professional Association By us n R. Nelson, Legal A istant SRN:ms Enclosure cc: Kim Meuwissen (letter only) 0 0 CITY OF CHANHASSEN STTE PLAN PERMIT #09-13 SPECIAL PROVISIONS AGREEMENT dated August 24, 2009, by and between the CTrY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and AUrOBAM MMORPLEX LLC, a Minnesota limited liability company (the 'Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve an amendment to the site plan for Auto MotorPlex, Planning Case #09-13, permitting the installation of decks in the locations highlighted in the staff report (referred to in this Permit as the "project"). The land is legally described as shown on the attached Exhibit A. 2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that the Developer enter into this Permit and furnish the security required by it. 3. Development Plans. The project shall be developed and maintained in accordance with the following plans. The plans shall not be attached to this Contract. If the plans vary from the written terms of this Permit, the written terms shall control. The plans are: Plan A --Site Plan dated 10/19/06, prepared by Sathre-Bergquist, Inc. Plan B-- Grading Plan dated 10/19/06, prepared by Sathre-Bergquist, Inc. Plan C --Landscaping Plan dated October 27, 2006 prepared by Arteka Companies. Plan D --Utility Plans dated 10/19/06, prepared by Sadur--Bergquist, Inc. 4. Time of Performance. The Developer shall install all required screening and landscaping by October 1, 2010. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 5. Security. To guarantee compliance with the terms of this Permit, the Developer shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent ("security") as specified in site plan permit 06-34. If the Developer requests a Certificate of Occupancy prior to 0 the installation of site landscaping, then the developer shall provide to the city a letter of credit or cash escrow in an amount sufficient to insure the installation of said landscaping. PROCEDURES FOR LETTER OF CREDIT REDUCTION a. Requests for reductions of Letters of Credit must be submitted to the City in writing by the Developer or his Engineer. b. Partial lien waivers totaling the amount of the requested reduction shall accompany each such request. c. Any reduction shall be subject to City approval. 6. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: Mr. Bruno Silikowski 3615 Zircon Lane North Plymouth, MN 55446 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in care of the City Manager at the following address: Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 7. Other Special Conditions. The amendment to the site plan for Auto MotorPlex, Planning Case #09-13, permitting the installation of decks in the locations highlighted in the staff report, plans prepared by Sathre-Bergquist, Inc., dated 10-19-2006, subject to the following conditions: a. The development shall comply with the conditions and requirements of site plan Planning Case #06-34. b. The decks shall not encroach into or above any easements c. Deck structures will require a building permit. Required submittal documents include: 1) Design (and signature) by a professional, structural engineer. 2) Revised civil drawings by the respective design professional. d. If decks/exterior balconies are to be constructed, the City will need to review the plans to determine if a fire sprinkler head will be required under the deck/balcony. 8. General Conditions. The general conditions of this Permit are attached as Exhibit 'B" and incorporated herein. 0 0 BY: F \ Tho s A.Furlong, May AND: odd Gerhardt, City Manager STATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) �''/I+*t �� �� The foregoing instrument was acknowledged before me thi%y day of L oyeML�, 2001, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. I. ARY P C STATE OF MINNESOTA ) KIM I MEUWISSEN -.f Notary Public -Minnesota ( SS. �;-;�� `� COUNTY of (�rqcMy Commission Expires Jen 31, 2010 � ) m The foregoing instrument was acknowledged before me thisZO"- day of 4Wern ber, 20� 1 by Bruno Silikowski., the VP of operations of AVPDBAHN MDTORPLEX LLC, a Minnesota limited liability ccntpany, on beha f of the company. T. dJti-- OTARY LIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952)227-1100 `""'- KIM T. MEUWISSEN �. ;; Notary Public -Minnesota - `� My Cgnmi%ion ExPiras Jen 31, 2010 0 0 EXHIBIT A Legal Description That part of the Southeast Quarter of Section 15, Township 116, Range 23, West of the 5`n Principal Meridian described as follows: Beginning at the Northeast corner of said Southeast Quarter thence on an assumed bearing of North 89 degrees 00 minutes 25 seconds West along the North line of said Southeast Quarter a distance of 2614.22 feet to the Northwest corner of said Southeast Quarter; thence South 00 degrees 59 minutes 45 seconds East along the west line of said Southeast Quarter a distance of 1766.11 feet; thence North 56 degrees 57 minutes 24 seconds East a distance of 669.01 feet; thence South 33 degrees 02 minutes 36 seconds East a distance of 39.63 feet; thence Northeasterly along a non-tangential curce concave to the Northwest having a radius of 1859.86 feet; a chord bearing North 49 degrees 43 minutes 26 seconds East of 394.93 feet; thence North 56 degrees 57 minutes 24 seconds east, not to last described curve a distance of 323.97 feet; thence South 35 degrees 03 minutes 24 seconds West a distance of 22.98 feet; thence Southwesterly 120.34 feet along a tangential curve to the right having a radius of 1959.86 feet; thence North 57 degrees 57 minutes 24 seconds East not tangent to the last described curve a distance of 1319.26 feet; thence North 33 degrees 02 minutes 36 seconds West a distance of 12.50 feet; thence North 56 degrees 57 minutes 24 seconds East a distance of 495.70 feet to the East line of said Section 15; thence North 1 degree 15 minutes 22 seconds West a distance of 72.51 feel along the east line of said Section 15 to the point of beginning, according to the Government Survey thereof,. Subject to easement for County State Aid Highway 17. EXCEPT which lies Westerly of Bluff Creek, the centerline of said creek described as follows: Commencing at the Northwest corner of the Southeast Quarter of Section 15, Township 116, Range 23 West of the 5`s principal Meridian; thence on an assumed bearing of South 89 degrees 00 minutes 25 seconds East, along the North line of said Southeast Quarter, a distance of 718.45 feet to the point of beginning of the centerline to be described: thence South 03 degrees 14 minutes 54 seconds West, a distance of 12.34 feet; thence South 12 degrees 17 minutes 21 seconds East a distance of 18.26 feet; thence South 86 degrees 42 minutes 32 seconds East, a distance of 66.41 feet; thence South 00 degrees 11 minutes 26 seconds East, a distance of 10.09 feet; thence South 26 degrees 53 minutes 49 seconds East, a distance of 11.25 feet; thence South 04 degrees 40 minutes 40 seconds East, a distance of 71.53 feet; thence South 08 degrees 34 minutes 33 seconds West, a distance of 513.32 feet; thence South 01 degrees 27 minutes 58 seconds East, a distance of 148.78 feet; thence South 08 degrees 14 minutes 13 seconds West, a distance of 114.78 seconds; thence South 30 degrees 49 minutes 36 seconds West, a distance of 256.50 feet; thence South 30 degrees 12 minutes 30 seconds West, a distance of 95.70 feet; thence South 22 degrees 09 minutes 40 seconds East, a distance of 29.71 feet; thence South 10 degrees 54 minutes 04 seconds West, a distance of 55.44 feet; thence South 14 degrees 39 minutes 10 seconds East, a distance of 15.14 feet; thence South 22 degrees 30 minutes 14 seconds West; a distance of 33.54 feet; thence South 08 degrees36 minutes 50 seconds West, a distance of 40.11 feet; thence South 10 degrees 58 minutes 44 seconds West, a distance of 16.30 feet; thence South 33 degrees 58 minutes 55 seconds East, a distance of 3.27 feet 0 to the point on the Northerly line of the Milwaukee, St. Paul and pacific Railroad, said point a distance of 586.57 feet Northeasterly of the Southwest comer of the above described property, as measured along said Northerly Railroad line, and said line ther terminating. That part of the Southeast Quarter of the Northeast Quarter of Section 15, Township 116 Range 23 West of the 5t° Principal Meridian described as: Beginning in the Southeast comer of said Southeast Quarter of the Northeast Quarter; thence on an assumed bearing of North 89 degrees 00 minutes 25 seconds West along the south line of said Southeast Quarter of the Northeast Quarter a distance of 747.57 feet; thence North 35 degrees 03 minutes 24 seconds East, a distance of 1.50 feet; thence Northeasterly 1042.48 feet along a tangential curve to the right having a radius of 2814.79 feet to the East line of said Southeast Quarter of the Northeast Quarter; thence South 00 degrees 24 minutes 06 seconds East along the East line of said Southeast Quarter of the Northeast Quarter a distance of 738.57 feet to the point of beginning, according to Government Survey thereof. Subject to easement for County State Aid Highway No. 17. CITY OF CHANHASSEN SITE PLAN PERMIT EXHIBIT "B" GENERAL CONDITIONS 1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb the earth, remove trees, construct improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, and 3) the City has issued a building permit in reliance on the foregoing conditions having been satisfied. 2. Maintenance of site. The site shall be maintained in accordance with the approved site plan. Plants and ground cover required as a condition of site plan approval which die shall be promptly replaced. 3. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with site plan development. 4. Erosion Control. Before the site is rough graded, and before any building permits are issued, the erosion control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developers expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developers and City's rights or obligations hereunder. No development will be allowed and no building permits will be issued unless there is full compliance with the erosion control requirements. Erosion control shall be maintained until vegetative cover has been restored. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion control, the City will authorize removal of the erosion control measures. 5. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan C, shall be warranted to be alive, of good quality, and disease free at the time of planting. All trees shall be warranted for twelve (12) months from the time of planting. The Developer or his contractor(s) shall post a letter of credit or cash escrow to the City to secure the warranties at the time of final acceptance. 0 0 7. Responsibility for Costs. A. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from site plan approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. B. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit, including engineering and attorneys' fees. C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all development work and construction. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. 8. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 9. Miscellaneous. A. Construction Trailers. Placement of on-site construction trailers and temporary job site offices shall be approved by the City Engineer. Trailers shall be removed from the subject property within thirty (30) days following the issuance of a certificate of occupancy unless otherwise approved by the City Engineer. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request. C. Third Parties. Third parties shall have no recourse against the City under this Permit. D. Breach of Contract. Breach of the terms of this Permit by the Developer shall be grounds for denial of building permits. E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Permit is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. OccWancv. Unless approved in writing by the City Engineer, no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities tested and approved by the city. 7 r G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. Recording. This Permit shall run with the land and may be recorded against the title to the property- 1. roperty I. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. I Construction Hours. The normal construction hours under this contract shall be from 7:00 a.m. to 9:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays, with no such activity allowed on Sundays or any recognized legal holidays. Operation of all internal combustion engines used for construction or dewatering purposes beyond the normal working hours will require City Council approval. K. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the site plan process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. L. Compliance with Laws, Ordinances, and Re ulg ations. In the development of the site plan the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District; 5. Metropolitan Government, its agencies, departments and commissions. M. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers too enter into this Development Contract. N. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless E the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. O. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. IN 0 3 CITY OF CHANHASSEN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER OF TRANSMITTAL DATE JOB NO. 11/25/09 09-13 ATTENTION Sue Nelson RE: Document Recording ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 8/24/09 09-13 Site Plan Permit 09-13 Auto Motor lex-Bruno Silikowski ❑ FORBIDS DUE For Recording ❑ PRINTS RETURNED AFTER LOAN TO US THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FORBIDS DUE REMARKS COPY TO: Brunk Silokowski ❑ Approved as submitted ❑ Resubmit copies for approval ❑ Approved as noted ❑ Submit copies for distribution ❑ Returned for corrections ❑ Return corrected prints ® For Recording ❑ PRINTS RETURNED AFTER LOAN TO US SIG N enclosures are not as noted, kindly notify us at once. SCANNED CITY OF CHANHASSEN SUE PLAN PERMff #09-13 SPECIAL PROVISIONS AGREEMENT dated August 24, 2009, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and Bruno J. Silikowski (the "Developer'). 1. Request for Site Plan Approval. The Developer has asked the City to approve an amendment to the site plan for Auto MotorPlex, Planning Case #09-13, permitting the installation of decks in the locations highlighted in the staff report (referred to in this Permit as the "project"). The land is legally described as shown on the attached Exhibit A. 2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that the Developer enter into this Permit and furnish the security required by it. 3. Development Plans. The project shall be developed and maintained in accordance with the following plans. The plans shall not be attached to this Contract. If the plans vary from the written terms of this Permit, the written terms shall control. The plans are: Plan A --Site Plan dated 10/19/06, prepared by Sathm-Bergquist, Inc. Plan B-- Grading Plan dated 10/19/06, prepared by Sathre-Bergquist, Inc. Plan C—Landscaping Plan dated October 27, 2006 prepared by Arteka Companies. Plan D --Utility Plans dated 10/19/06, prepared by Sathre-Bergquist, Inc. 4. Time of Performance. The Developer shall install all required screening and landscaping by October 1, 2010. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 5. Security. To guarantee compliance with the terms of this Permit, the Developer shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent ("security") as specified in site plan permit 06-34. If the Developer requests a Certificate of Occupancy prior to the installation of site landscaping, then the developer shall provide to the city a letter of credit or cash escrow in an amount sufficient to insure the installation of said landscaping. PROCEDURES FOR LETTER OF CREDIT REDUCTION a. Requests for reductions of Letters of Credit must be submitted to the City in writing by the Developer or his Engineer. b. Partial lien waivers totaling the amount of the requested reduction shall accompany each such request. c. Any reduction shall be subject to City approval. 6. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: Mr. Bruno Silikowski 3615 Zircon Lane North Plymouth, MN 55446 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in care of the City Manager at the following address: Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 7. Other Special Conditions. The amendment to the site plan for Auto MotorPlex, Planning Case #09-13, permitting the installation of decks in the locations highlighted in the staff report, plans prepared by Sathre-Bergquist, Inc., dated 10-19-2006, subject to the following conditions: a. The development shall comply with the conditions and requirements of site plan Planning Case #06-34- b. The decks shall not encroach into or above any easements c. Deck structures will require a building permit. Required submittal documents include: 1) Design (and signature) by a professional, structural engineer. 2) Revised civil drawings by the respective design professional. d. If decks/exterior balconies are to be constructed, the City will need to review the plans to determine if a fire sprinkler head will be required under the deck/balcony. 8. General Conditions. The general conditions of this Permit are attached as Exhibit 'B" and incorporated herein. 2 CITY OF C NHAS BY: Thorws A. Furlong, May AND: odd Gerhardt, City Manager DEVELOP: Bruno Silikowski BY: z Its io vS STATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) +" � g, The foregoing instrument was acknowledged before me thi�day of � ; 200 by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. I. N ARY P C STATE OF MINNESOTA ) M SS ( ss. JWNoVttary:��ubCOUNTY OF CCf � r ) 0onvnJan31,20 The foregoing instrument was acknowledged before me this*~ day of 4aJPmbpr , 200 by Bruno Silikowski. DRAFTED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952)227-1100 d`"'' KIM T. MEUWISSEN t �, ._� Notary Public -Minnesota ' MY Cpnmissim Expires Jan 31,2010 EXHMIT A Legal Description That part of the Southeast Quarter of Section 15, Township 116, Range 23, West of the 5`h Principal Meridian described as follows: Beginning at the Northeast corner of said Southeast Quarter thence on an assumed bearing of North 89 degrees 00 minutes 25 seconds West along the North line of said Southeast Quarter a distance of 2614.22 feet to the Northwest comer of said Southeast Quarter, thence South 00 degrees 59 minutes 45 seconds East along the west line of said Southeast Quarter a distance of 1766.11 feet; thence North 56 degrees 57 minutes 24 seconds East a distance of 669.01 feet; thence South 33 degrees 02 minutes 36 seconds East a distance of 39.63 feet; thence Northeasterly along a non-tangential curce concave to the Northwest having a radius of 1859.86 feet; a chord bearing North 49 degrees 43 minutes 26 seconds East of 394.93 feet; thence North 56 degrees 57 minutes 24 seconds east, not to last described curve a distance of 323.97 feet; thence South 35 degrees 03 minutes 24 seconds West a distance of 22.98 feet; thence Southwesterly 120.34 feet along a tangential curve to the right having a radius of 1959.86 feet; thence North 57 degrees 57 minutes 24 seconds East not tangent to the last described curve a distance of 1319.26 feet; thence North 33 degrees 02 minutes 36 seconds West a distance of 12.50 feet; thence North 56 degrees 57 minutes 24 seconds East a distance of 495.70 feet to the East line of said Section 15; thence North 1 degree 15 minutes 22 seconds West a distance of 72.51 feel along the east line of said Section 15 to the point of beginning, according to the Government Survey thereof,. Subject to easement for County State Aid Highway 17. EXCEPT which lies Westerly of Bluff Creek, the centerline of said creek described as follows: Commencing at the Northwest comer of the Southeast Quarter of Section 15, Township 116, Range 23 West of the 5`" principal Meridian; thence on an assumed bearing of South 89 degrees 00 minutes 25 seconds East, along the North line of said Southeast Quarter, a distance of 718.45 feet to the point of beginning of the centerline to be described: thence South 03 degrees 14 minutes 54 seconds West, a distance of 12.34 feet; thence South 12 degrees 17 minutes 21 seconds East a distance of 18.26 feet; thence South 86 degrees 42 minutes 32 seconds East, a distance of 66.41 feet; thence South 00 degrees 11 minutes 26 seconds East, a distance of 10.09 feet; thence South 26 degrees 53 minutes 49 seconds East, a distance of 11.25 feet; thence South 04 degrees 40 minutes 40 seconds East, a distance of 71.53 feet; thence South 08 degrees 34 minutes 33 seconds West, a distance of 513.32 feet; thence South 01 degrees 27 minutes 58 seconds East, a distance of 148.78 feet; thence South 08 degrees 14 minutes 13 seconds West, a distance of 114.78 seconds; thence South 30 degrees 49 minutes 36 seconds West, a distance of 256.50 feet; thence South 30 degrees 12 minutes 30 seconds West, a distance of 95.70 feet; thence South 22 degrees 09 minutes 40 seconds East, a distance of 29.71 feet; thence South 10 degrees 54 minutes 04 seconds West, a distance of 55.44 feet; thence South 14 degrees 39 minutes 10 seconds East, a distance of 15.14 feet; thence South 22 degrees 30 minutes 14 seconds West; a distance of 33.54 feet; thence South 08 degrees36 minutes 50 seconds West, a distance of 40.11 feet; thence South 10 degrees 58 minutes 44 seconds West, a distance of 16.30 feet; thence South 33 degrees 58 minutes 55 seconds East, a distance of 3.27 feet 4 to the point on the Northerly line of the Milwaukee, St. Paul and pacific Railroad, said point a distance of 586.57 feet Northeasterly of the Southwest corner of the above described property, as measured along said Northerly Railroad line, and said line ther terminating. That part of the Southeast Quarter of the Northeast Quarter of Section 15, Township 116 Range 23 West of the 5a' Principal Meridian described as: Beginning in the Southeast corner of said Southeast Quarter of the Northeast Quarter; thence on an assumed bearing of North 89 degrees 00 minutes 25 seconds West along the south line of said Southeast Quarter of the Northeast Quarter a distance of 747.57 feet; thence North 35 degrees 03 minutes 24 seconds East, a distance of 1.50 feet; thence Northeasterly 1042.48 feet along a tangential curve to the right having a radius of 2814.79 feet to the East line of said Southeast Quarter of the Northeast Quarter; thence South 00 degrees 24 minutes 06 seconds East along the East line of said Southeast Quarter of the Northeast Quarter a distance of 738.57 feet to the point of beginning, according to Government Survey thereof. Subject to easement for County State Aid Highway No. 17. Torrens Certificate No 24463 CITY OF CHANHASSEN SITE PLAN PERMrr EXHIBIT "B" GENERAL CONDITIONS 1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb the earth, remove trees, construct improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, and 3) the City has issued a building permit in reliance on the foregoing conditions having been satisfied. 2. Maintenance of site. The site shall be maintained in accordance with the approved site plan. Plants and ground cover required as a condition of site plan approval which die shall be promptly replaced. 3. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with site plan development. 4. Erosion Control. Before the site is rough graded, and before any building permits are issued, the erosion control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. No development will be allowed and no building permits will be issued unless there is full compliance with the erosion control requirements. Erosion control shall be maintained until vegetative cover has been restored. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion control, the City will authorize removal of the erosion control measures. 5. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan C, shall be warranted to be alive, of good quality, and disease free at the time of planting. All trees shall be warranted for twelve (12) months from the time of planting. The Developer or his contractor(s) shall post a letter of credit or cash escrow to the City to secure the warranties at the time of final acceptance. 0 7. Responsibility for Costs. A. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from site plan approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. B. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit, including engineering and attomeys' fees. C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all development work and construction. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. 8. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 9. Miscellaneous. A. Construction Trailers. Placement of on-site construction trailers and temporaryjob site offices shall be approved by the City Engineer. Trailers shall be removed from the subject property within thirty (30) days following the issuance of a certificate of occupancy unless otherwise approved by the City Engineer. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmasters request. C. Third Parties. Third parties shall have no recourse against the City under this Permit. D. Breach of Contract. Breach of the terms of this Permit by the Developer shall be grounds for denial of building permits. E. Severabiliri. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Permit is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Occupancy. Unless approved in writing by the City Engineer, no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities tested and approved by the city. 7 G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council_ The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. Recording. This Permit shall run with the land and may be recorded against the title to the property. I. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. Construction Hours. The normal construction hours under this contract shall be from 7:00 a.m. to 9:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays, with no such activity allowed on Sundays or any recognized legal holidays. Operation of all internal combustion engines used for construction or dewatering purposes beyond the normal working hours will require City Council approval. K. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the site plan process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. L. Compliance with Laws, Ordinances, and Regulations. In the development of the site plan the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 1. City of Chanhassen; I State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District; 5. Metropolitan Government, its agencies, departments and commissions. M. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers too enter into this Development Contract. N. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. O. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. CONSENT Owners of all or part of the subject property, the development of which is governed by the foregoing Site Plan Permit, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this day of 200_ STATE OF MINNESOTA ) ( ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of 20—, by DRAFTED BY: City of Chanhassen 7700 Market Boulevard R O. Box 147 Chanhassen, MN 55317 (952) 227-1100 10 NOTARY PUBLIC MORTGAGE HOLDER CONSENT TO SITE PLAN AGREEMENT which holds a mortgage on the subject property, the development of which is governed by the foregoing Site Plan Agreement, agrees that the Site Plan Agreement shall remain in full force and effect even if it forecloses on its mortgage. Dated this day of 20_ STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 20_, by DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 11 NOTARY PUBLIC Chanhassen City Council — August 24, 2009 Assistant Chief Roger Smallback: Yes it is. Councilman Litsey: I think it speaks well the reception you get from the community in terms of the support for the fire department too so, thanks. Todd Gerhardt: Mayor, council. It's difficult to really see who's having more fun. If it's the kids or the fire fighters out there watching them. And I think we have pictures that show that they're all pretty much have a huge smile and having a good time so. Assistant Chief Roger Smallback: Yep. Like I say it is a lot of fun Councilman Litsey: You've got some pretty cool stuff. Assistant Chief Roger Smallback: You know hats off to Mark Littfin and Ed Coppersmith. They're kind of the coordinators, driving force behind the Fire Prevention Week and the Fire Marshal and Deputy Fire Marshal so we've already been working on this for many weeks already in preparation for it. Mayor Furlong: Very good, thank you. AUTO MOTORPLEX SITE PLAN AMENDMENT: REOUEST FOR AN AMENDMENT TO SITE PLAN PERMIT 2006-34 TO ALLOW DECKS. APPLICANT: BRUNO SILIKOWSKI. Kate Aanenson: Thank you Mayor, members of the City Council. Bruno Silikowski, the applicant is requesting an amendment to the site plan for the construction of some decks off the storage units, and I want to be clear that I think what he's asking for was really driven by the staffs interpretation of, and just clarification from kind of the original interpretation of the use of this property and just to make sure that the Planning Commission and the City Council was comfortable with the original use of it and kind of where it's ending up. So while we say the applicant, it's really the staff wanted to make sure that everybody's comfortable with this. So the application is for the current site for the Auto Motorplex which is located just off of Audubon, south of the General Mills property and north of the railroad tracks. This is the site plan as approved for the units themselves. And the application, the site plan, I'll show you some pictures of the architecture in a minute but the site plan itself has evolved a little bit as far as the architecture and the like. When the applicant was before you and the Planning Commission, the intended purposes that people would rent these spaces for their automobiles, or whatever their hobby may be. Whether it's motorcycles or the like and be able to have them in a heated area with being able to observe them with cameras and the like and to his benefit it's evolved into something even probably more than he thought it would be and that's that they've finished off the spaces and made really nice amenities in each of the units. And part of that, the architecture moved up beyond what the original site plan showed and there were some architectural elements that were added, and those included some, what we would consider architectural balconies as opposed to a deck. So the request now is to go beyond a balcony but actually a large deck and those are located then, you can see here on this drawing, and I'll show you photos of what the perspective would be. B, which would be 3 by 6 by 10 by 16 or on D, 8 by 14. So there's 7 scums Chanhassen City Council — August 24, 2009 significantly more space outside the building so again if you think of more of a stagnant type storage unit where you put something in and you maybe come back in 6 months and check on it. This is a very dynamic type of use and that's where the staff wanted to make sure that everybody was comfortable with how this use is being enjoyed. We did send notice to the, at the Planning Commission meeting, to the neighboring property. We got a few calls but really nobody showed up to that meeting and the Planning Commission did support the change for the request for the, for the decks, but there was a 4 to 2 vote and the 2 that voted against, there was a condition in the staff report that talked about that they'd be limited to not being enclosed. Two people felt that that should stay that way. The rest of the Planning Commission, the 4 voted that they didn't care if they were enclosed. Whether some were screened. Some were glass enclosed so that really kind of leaves it open for how they could be used because you're adding quite a bit of additional space so they did support, the majority supported, just kind of leaving it open to the applicant and the condition was completely struck from the Planning Commission recommendation. And certainly the one condition caveat is they would still require all building permits would have to be, you know so it needs to be engineered or meet all current building codes. So the area we're talking about are shown on those drawings. Again those would be those sites that overlook the wetlands because in the other areas you're impeded by drive aisles or fire lanes or the like. So these are some of the views of the site itself. To the west. Southeast. Again you can see that a little bit more differentiated in the articulation and these would be the platforms. The, what we would consider by building code on these would actually be balconies as opposed to an actual deck. And then again looking at those as more architectural. So this is where the difference from the staff with the applicant saying well I've already kind of had these and we said well we saw those as more architectural type uses that you wouldn't be out there. Now we've kind of evolved to kind of an open space and would the neighbors care if there's more activity and kind of what they thought maybe the intended purpose was more like I say stagnant or kind of quiet as a little bit more evolved. More pictures of the storage units themselves. And then this is the club house with the kind of the bridge between the two buildings themselves. Again this is probably the most articulated building on the site. And these would be the buildings that would have the biggest decks and I did some pictures looking the other way. You can see that window. The patio door up on the top. So looking back. Another view. The existing balcony. Excuse me, deck. We have to make sure we differentiate between deck and balcony. And then this would be the distance between the, the Planning Commission asked questions of what those spacings would be so we did provide that additional information on where would the closest structure be if someone was one their deck. So this is what they're looking at. So the question came up at the Planning Commission, would they, because they wanted to put a rough structure on them too. Sothis isn't the, this structure. This is the intended applicant's proposing to make them integral. The matching architectural so here's where the divergence came with the Planning Commission on. What if you enclosed these, being 16 feet potentially and they became year round, would that make a difference so there were some that didn't care. Some that wanted them to be all uniform in their look. Whether some be, they all be screened or all be, right now the applicant's stating that he didn't anticipate anybody enclosing them. And then those are governed by their internal architectural standards and their own association covenants that would manage that. The Planning Commission chose to be silent on how that would be administrated. Leave it up to the association. So these would be the views that they want to capture those people in those units would want to capture. The looks of those units. Overlooking the wetlands itself. So and when it went to the Planning Commission again, this is the other condition that they had choices. er.+n,Da Chanhassen City Council — August 24, 2009 Again we were just concerned, is this where you wanted to go? Are you comfortable with where this has moved? I didn't want 3 years later to come back and say how did we end up with such a big deck on one of these that's enclosed and how is it being used and so we wanted to, because we felt it kind of diverged from that, the original intended purpose. The Planning Commission felt comfortable in the fortitude, just whether or not they were screened or uniform in that approach. So the motion that's in your staff report on the front page is the motion that supported what the Planning Commission had recommended. So with that I'd be happy to answer any questions that you may have. Mayor Furlong: Thank you. Questions for staff. Councilman Litsey. Councilman Litsey: Yes. You know originally it was talked about this was a place for auto enthusiast to store, maintain and view other vehicles. Does it not, this expand that to more of a social aspect? I mean what's the purpose of the deck if you're really there to look at the cars and talk about cars and stuff? Is it to barbeque afterwards or? Kate Aanenson: I'll let the applicant speak to that. I guess that's kind of what we wanted clarification on because there was a club house that we thought a lot of the gathering would happen, but actually there's a lot of gathering in individual units. Looking at other persons cars and they've actually enhanced some. They have bathrooms and some have bars, sport courts so they're enhanced way beyond, so they're actually using them in a different way than was originally intended. Again that's, I'm not saying that's right or wrong. It's just gone, it's kind of evolved and we want to just make sure everybody's comfortable with that. It's not a, it's very dynamic in how it's being used so we just want to make sure everybody's comfortable with that. Councilman Litsey: It just seems an expansion of what, when we originally looked at what it was intended for. I'm not saying necessarily at this point whether it's good or bad. It's just different and. Kate Aanenson: Yeah. Well the first thing that we looked at was the building code and it is consistent. It is, it does meet all the building code requirements of how it's being used and the uses that are in there and you know the fire code and those sort of things so really then what it came down it is the zoning. And just what the neighbors understood it to be and we want to make sure that if they had an opportunity to weigh in on that because I think they felt like this was a use that was next to them and kind of quiet but as the applicant explained that, they haven't had any complaints about the neighbors and they police themselves because certainly they all have value and expense in their ownership and making sure that it's being run how they want it to be to be successful and maintain it's value so it's self policing to that extent. We just want to make sure that everybody understood how it's being used today and will be in the future as opposed to kind of maybe the original. Councilman Litsey: Thank you. Todd Gerhardt: And one point to add to this is that this is a new product you know for the entire state of Minnesota. I don't think there's another product like this and I think Kate kind of hit it on the head. It's evolving and it's evolving more than you know I think even Bruno's E Chanhassen City Council — August 24, 2009 expectations were when he originally started to develop. So it's one that is kind of interesting. If you've driven out there and taken a look, we should encourage people to improve their properties and you know, but you've got to watch the border line that it doesn't tum into a residential type development and that people aren't permanently staying out there. But we want them to enjoy it. They've got a huge investment in there and you know I think it's done tastefully and the units that he is proposing to put in are not in the drive aisles so there isn't the potential of somebody driving into a footing or anything like that. It's protected. Mayor Furlong: Other questions at this time? Councilman McDonald. Councilman McDonald: I've got one question. I know they do a lot of things on a couple Saturdays and everything and you said you know none of the residents showed up to the meetings so I take it that the noise levels and everything have been kept within acceptable limits then. Kate Aanenson: Yeah. Those are special events that we do look at. We haven't had problems with any of those yet either, and those obviously are going to be summertime activities for the most part so. I think going back to what the city manager said too, it's the concern is that, and this is kind of self policing because the Planning Commission in their meeting also discussed hours. You know what happens if someone's going beyond the normal hours and they do have hours of operation that normally, they have a gate and some of those sort of things but kind of going that it doesn't end up that people are spending the week or weekends out there, or vacations out there kind of thing and has a different atmosphere so again it's kind of evolving. We just want you to be comfortable with where that's evolving to and the changes that have happened. Mayor Furlong: Anything else? Councilman McDonald: No. Mayor Furlong: Other questions for staff? Councilwoman Tjomhom? Councilwoman Ernst? Questions? Just a couple questions on my part. One of the, one of the conditions speaks to, or proposed conditions. Let me find it here. Condition number 3 speaks to requiring a design or signature by professional structural engineer and a design professional in terms of obtaining or required in obtaining building permits. Are these normal requirements in a, just at an office industrial district? Kate Aanenson: Those conditions were put in by the building official so I would say if you want to add a caveat, if required by building permit, that they would be required. Mayor Furlong: Okay I guess I'm. Kate Aanenson: These are off the ground quite a ways. They're not. 10 Chanhassen City Council — August 24, 2009 Mayor Furlong: Will they have, I mean because the picture you showed of that one deck, and I'm not sure what the distance out away from the building is but there are no posts or footings there as you would typically see in a residential deck. Kate Aanenson: Right. Right. Mayor Furlong: And is this, is it a footingless or a postless type of, and maybe this is a question for the applicant. Is this what you would expect and that's why it requires the higher standard because it isn't a typical? Maybe I'll save that but I guess from a city standpoint why did we think it was necessary to require, if they were to go forward and put decks on, require to have the. Kate Aanenson: This is the drawing of where the one door is coming out. Mayor Furlong: Okay. Kate Aanenson: So it'd be difficult now at this point to put in a footing or post to attach it so, but I'll let the applicant answer that. Mayor Furlong: I'm sorry. Could you say that again. Kate Aanenson: I'll let the applicant answer that but certainly... Mayor Furlong: Yeah, that's fine. Kate Aanenson: ...we would only require it if the building code requires it. If you want to add that as a caveat on that condition. Mayor Furlong: Okay. Alright. Kate Aanenson: It wouldn't be any more onerous than we require to get any other permit in the city. Mayor Furlong: In this zoning? With the regard to an office industrial zoning is what you're saying? Kate Aanenson: Yeah. Mayor Furlong: We don't need to be any more. Kate Aanenson: No. Mayor Furlong: There's no greater concern with these than. Kate Aanenson: Absolutely. 11 Chanhassen City Council — August 24, 2009 Mayor Furlong: Okay. Kate Aanenson: Right. And again speaking to, we put them on, they're placed on the side where there's no other driveways or anything like that because they wouldn't meet. Mayor Furlong: From a safety standpoint. Kate Aanenson: Correct because you wouldn't have clearance, that's correct. Mayor Furlong: ...driving into a post. Kate Aanenson: That's correct. Roger Knutson: Mr. Mayor, just so we're clear. It's the type of construction that drives the building permit requirements. Not the zoning so the building official determined that based upon this type of construction you need those kind of added safeguards. It's dictated by the building code. It's not a local requirement. Mayor Furlong: Okay. Okay. Todd Gerhardt: And my guess is if we were going to put roofs on these, you want engineered drawings for the truss and the rafters that are going to be as a part, if you're going to have a roof on it. That's typically what we ask for engineered drawings and then depending on how big it is, the size of the footing. You know that typically doesn't... Mayor Furlong: That's usually part of the building process, and I'm, I mean this is, I mean most people think of decks and decks with roofs or porches is very typical in a residential area and I don't know what's. Kate Aanenson: I think again in this we try to make all the conditions a catch all so this is kind of the clearinghouse of all the conditions so later on the applicant says I didn't know I needed to get this, so it's really, it doesn't have anything to do with the zoning application. Mayor Furlong: Okay. Kate Aanenson: We're just making sure that they understand the conditions. And maybe it's as simple as any required permit must be obtained. That would cover it too. Mayor Furlong: Deck structures or. Kate Aanenson: Any necessary. Mayor Furlong: Will require a building permit. Kate Aanenson: May require a building permit and that must be obtained. That's the intent and whatever those conditions are for that permit. 12 Chanhassen City Council — August 24, 2009 Mayor Furlong: But Mr. Knutson you're saying that typically you see these more in the nature of the construction might require an added level of design or. Roger Knutson: Right. It has nothing to do with the zoning. Mayor Furlong: Understood. Roger Knutson: It has to do with the type of construction and I think you can just say, I think the detail is in there just to give people a heads up. That hey you might need something more than you're expecting, but if you don't that's fine. It's just saying if we require it by the building code you must. Mayor Furlong: Requirement of documents may include. Roger Knutson: Yes. Mayor Furlong: Would that be an appropriate way of doing that? Kate Aanenson: Yeah, and that's fine. Agreed. Councilman McDonald: Well if I could just ask you a question about that. I'm not quite sure where you're going with that. I mean part of what I guess I would see on this is, this is somewhat to me commercial and because of that you've got weight limits on decks. You've got capacity that I would think we would have an interest in making sure that at least to a point it's safe for a number of people to be out on them. Mayor Furlong: And that's fine. I'm, and I'm being, I guess I'm not forming an opinion yet. I'm trying to ask questions but typically we wouldn't see this in a. Councilman McDonald: Oh, okay. Kate Aanenson: Point of clarification. The plans were submitted. That's how this got caught so the building official already looked at the plans and made a determination so really all we're trying to say is, you need a building permit. Mayor Furlong: Okay. We're spending too much time on that. Okay. Kate Aanenson: Yeah. Mayor Furlong: Nope, that's fine. The other question I had, was there anything, and was there anything in the original approval or in this area that deals with outside storage? Kate Aanenson: No, and that's, that was one of the reasons why we, the staff felt, I didn't want in a year down the road these are built and someone says how in the heck did we go from here to there and then that's where I think the applicant and the staff kind of you know just like, we just 13 Chanhassen City Council — August 24, 2009 want to make sure there's full disclosure on this because again to their, to his credit it evolved into something bigger than he imagined and you know people enjoy going down there and with like minded people and. Mayor Furlong: But I guess, when we approved the site plan. Kate Aanenson: No. Mayor Furlong: We didn't put any limitations on outside storage. Kate Aanenson: There was no outdoor, there was no outdoor storage permitted. Mayor Furlong: So that would not change? Kate Aanenson: Right. Well the Planning Commission did also spend some time on that too. Would there be stuff, would their things be stored on the decks? Outdoor decks. That question was also asked. How they've, and there was some discussion on that. They left it open ended but the applicant did state through their own covenants they would try to manage that. Mayor Furlong: Okay, but when we originally approved the project back in 2006. Kate Aanenson: Correct. Mayor Furlong: Was there a restriction on outside storage? Do you recall? Kate Aanenson: Well I think we approved the site plan with no outdoor storage so that's... Mayor Furlong: So, and that's not being changed? Kate Aanenson: Correct. Mayor Furlong: Okay. So these wouldn't be used, I mean we wouldn't expect to see these being used for significant storage or piled high with excess stuff. Kate Aanenson: That's correct. Mayor Furlong: Okay, because the original approval did not allow outside storage and. Kate Aanenson: That's correct. Mayor Furlong: And that's not being changed. Kate Aanenson: Correct. Mayor Furlong: Or not proposed to be changed here. 14 Chanhassen City Council — August 24, 2009 Kate Aanenson: But for, let's make, again just for clarity. If someone leaves patio furniture out there or something, then we need to talk about what your intent is for outdoor storage because there may be some of that out there and I don't know, I just want to make sure you're clear on expectations. Mayor Furlong: Okay. And I think storage with the original purposes is to work on auto parts Kate Aanenson: Okay. Mayor Furlong: To have significant auto parts or to be an extension of the storage use of the facility. When we hear the use here is more for the social aspects, that I think a logical person, a reasonable person would say patio furniture or grill, something like that is not storage. No more than it would be inside so that, but I appreciate you clarifying that. Kate Aanenson: Okay. Mayor Furlong: Okay, and then the other question I have Mr. Knutson probably for you is, if there are, and I realize we'll have a question on the covenants and this is you know, people need to be good neighbors but we already, if there's ever an issue with noise or late hour activities we have existing protection for neighbors with regard to nuisance ordinances and noise ordinances. Roger Knutson: Just as they apply to everyone else they would apply. Noise and nuisance. Mayor Furlong: Yeah. Yep. And I think we'll hear that we haven't had any issues which is, gives everybody comfort. Okay. Very good. Any other questions? Follow up questions? Okay. Mr. Silikowski is here this evening. Good evening. Anything you want to address the council on? I know you addressed the Planning Commission. We appreciate your comments there. Bruno Silikowski: Well I think just this one quick comment just because of the fire marshal. I've got to tell you Mark Littfin, he has been fantastic. I've never had a city official that I've had more enjoyment working with. He's just got a practical way of going about it. Nice guy. He's just very approachable and always available. I've got to tell you you've got a great guy on your staff so, for what it's worth. There's a whole lot of inaccuracies that are being. Pardon me? Todd Gerhardt: Better than Kate and I? Bruno Silikowski: ...be happy to, no but there's just a whole lot of inaccuracies that are being spoken here so a lot of these conversations are going off on tangents that are completely off base so I mean the short of it is. Mayor Furlong: Okay, maybe you can try to clarify it. Bruno Silikowski: Well no, it's okay. Could I speak first? Mayor Furlong: Please. 15 Chanhassen City Council — August 24, 2009 Bruno Silikowski: Just a quick moment. I mean the short of it is this. The one thing that's changed that I didn't expect is that we're having a lot more relatively wealthy people move into the complex than I expected so the short of it is, as we all do, we like nice things so you know it's like buying a car and buying a car with a sun roof. Does it change the car? No, but it makes the driving experience a little bit more fun. Do you really use it? You hardly ever open it, right? It's kind of, sort of a similar parallel with this. They want a deck. You know they want to have some place where they can go outside and sort of like take in a view and have a little bit of fun. That's it. So this is not about anything more than that, so this is not like your, I don't know I'll try not to you know, but the short of it is you know it's not like some trailer park where people are going to be hanging out living on a deck. This is a totally, totally different group of people. And many of you have been out to our facility and you've seen the events. You've seen the people. This is incredibly creative. In fact I'll share one last other fact for you. It's, originally I expect this to be about a $16 million dollar project. It's gone to a $22 million dollar project. This is well over, easily over 3 times the tax base you would have gotten if some commercial project were to go out there and I know exactly the project that was going to go in there. So I'm hoping actually you guys will look at it a little differently and that is help me. Help me be successful. I mean we've been, this will be 2 years this December since we started moving people into the complex in an economy that's just been crushed. It's been crushing people. Now you know I got lucky. Now maybe I don't know whatever but we did some things right but I don't count by stars too quickly. I mean I need help. I mean don't get me wrong. Every sale we get is an individual sale and you work for it. I need the help. So when you guys look at this stuff you've almost got to get the feeling like yeah it's so you know flamboyant, whatever. It's not. This is what people want. This is what's helping me sell. This is what's helping me to be successful so I hope you take that into consideration is we're within the guidelines. We're non - nuisance. We're doing things, in fact if you look at our facility, the architectural features of the exterior have far exceeded what I said I was going to do and actually have then I think very creative. I mean the neighbors, we have neighbors coming over from across the way telling us thank you and they're appreciative of how things look and how things go and in fact we have two neighbors that now who have joined us in the campus, so they like it and it's been a good thing. You know so many people from down the street. Not just from across the pond. So there's a lot of I think positives that you know I don't know, somehow it's getting lost in this thing so as much as a good academic discussion about knowing where things are going that Kate brought up, but big pictures you guys I mean you know this is something that you know everything evolves a little bit. This hasn't gone too far, it didn't stray too far from where I intended to but there's some things here that cropped up that I didn't expect you know back in '06 when I talked about it so. Just out of fairness. Mayor Furlong: No, and I appreciate that and I will at least address my questions. Bruno Silikowski: Sure. Mayor Furlong: You know don't read into the questions more than just the questions themselves so what we have to do is just make sure that we know where the parameters are. Bruno Silikowski: Sure. 16 r Chanhassen City Council — August 24, 2009 Mayor Furlong: And make sure that we understand what's being asked. What's allowed. When it's allowed, it's all part of the public process. Bruno Silikowski: Got it, yeah. Mayor Furlong: So. Bruno Silikowski: It's hard not to get personal sometimes. Mayor Furlong: I understand that. I understand that but don't read into the questions. Bruno Silikowski: So I'd be happy to answer any questions you have. Mayor Furlong: No, and that's good. That's good. Bruno Silikowski: Thank you. Mayor Furlong: Any questions for the applicant? I guess I will, some of the questions that I asked dealt with that in terms of the outside storage. You have association covenants or. Bruno Silikowski: We do. Mayor Furlong: And do those permit outside storage? Bruno Silikowski: Do not. Mayor Furlong: Okay. Alright. So that's consistent. And I think the other thing was with regard to the permit but I think we've got that answered and we can talk about that as well so, anything else? No? Okay. Thank you. Appreciate it. Let's bring it back to council for discussion then. Thoughts and comments. Councilman McDonald: I'll go first. Mayor Furlong: Councilman McDonald. Councilman McDonald: Yeah I've been out there and I was on the Planning Commission when this came together and remember the outpour about it and I'm actually quite proud of this one that you have assimilated in the community quite well and I really do like the idea, you know the open houses you throw because that's giving everybody an opportunity to kind of come out and see exactly what goes on here and I think the community's appreciative of that. I mean I know a lot of people take their kids out there to see the cars and yeah, it is just one big car show. It is just fantastic. It really is. Yeah I guess I'm not surprised at this after seeing the inside of some of these garages so I'd be in full support because again I think it's been a real plus to the community and whatever we can do to help you, you know again within the reasons of the original deal and everything and you know the only concern I guess I would have had is you 17 Chanhassen City Council — August 24, 2009 know if you had all the neighbors bringing pitchforks and you know ready to bum you down, but it has really changed and a lot of that I have to give you credit. You did listen to people and you know you did what you could to fit it into the community so I think from that standpoint yeah I'm more than willing to support this. Mayor Furlong: Okay, thank you. Other thoughts or comments. Councilwoman Tjomhom. Councilwoman Tjornhom: Yeah, I haven't been out there but I certainly, I mean the pictures in the packet don't compare to what we saw tonight. It looks like a very nice place to store a car, if you could. I think you know the term that kind of sums it up is that it's uniquely evolved into what it is right now and I just love the fact that we have something uniquely evolved in Chanhassen again. You know I think we're a town that I hate to say no to anything like that. And so architecturally I think you've done a phenomenal job and I think I'm thrilled with your success and I'm certainly ready to approve any motion being made for this tonight. Mayor Furlong: Okay. Councilwoman Ernst. Councilwoman Ernst: Well obviously it's from every, from what you've said, from what Kate said and from what I've heard from most is that there are no concerns with the neighbors. I believe that it totally, the deck would totally compliment the structure of the building and I agree with Todd, I think that it was done very tastefully in terms of how that would look. And I think it ties into our economic development within the community and so I read all the Planning Commission notes and I would totally support this. Mayor Furlong: Thank you. Councilman Litsey. Councilman Litsey: I agree with the statements that have been made. I think it is an expansion of what originally understood it to be but I'm looking at it from what's been stated that it's kind of an evolving project. Kind of a nitch thing that you've been respectful of the process. Case it point is bringing it forward tonight to make sure we understand exactly where this project is going so I can support it. Mayor Furlong: Okay, thank you. I think when, bottom line the purpose of this whole project from the beginning and Mr. McDonald mentioned that many of us were involved with that process and it was unique and it was, everybody kind of stretching out a little bit and trying to do something different and it's nice to see the success when it does happen. Primarily the purpose here is for storage. That's the consistency with the underlying zoning. When we look back at the beginning of the staff report it's the city's discretion approving or denying. Whether or not the project fits with the zoning ordinance, zoning requirements. Clearly this is a secondary use. It's an extension of the use of the facility. I think it can be very easy to say that it complies. That being said, I also agree with the other comments that were made earlier with regard to economic development. Doing something unique in the city. The connection that the property owners and members of this organization have done to the rest of the city and residents with the open houses so I mean it's all those things added on top of it when maybe our decision legally is focused on the zoning. All those other things also just make it, make it that much better so I certainly support it. With regard to the specific question of the condition, I mean I'm fine 1H Chanhassen City Council — August 24, 2009 leaving that the way it is since that was specifically recommended. I just wanted to make sure that we weren't adding anything onerous on top of what would be there and I'm not hearing that. I'm hearing it's a normal, expected requirement so I'm comfortable keeping it in there. And it also does, by putting the language out there, make sure that those expectations are managed so that we don't have misunderstandings and we're always looking to try to bring back, so I think it makes sense for a variety of reasons and I'd certainly support it. Any other comments? If not, would somebody like to make a motion? Councilwoman Ernst: Sure. I make a motion that we approve the amendment to the Site Plan for Auto Motorplex Planning Case #09-13 permitting installation of decks in the locations highlighted in the staff report subject to conditions, and I have the mayor's glasses on so I'm quite sure. Mayor Furlong: 1 through 4. Councilwoman Ernst: 1 through 4, page 8 of the staff report. Mayor Furlong: That should help you see better. Todd Gerhardt: Now it all makes sense. Mayor Furlong: Now I see. Todd Gerhardt: You need to get 3 more pair mayor. Mayor Furlong: Coming in 2 weeks. Motion's been made. Is there a second? Councilwoman Tjornhom: Second. Mayor Furlong: Thank you. Any discussion on the motion? Councilwoman Ernst moved, Councilwoman Tjornhom seconded that the Chanhassen City Council approves the amendment to the site plan for Auto Motorplex, Planning Case #09- 13, permitting the installation of decks in the locations highlighted in the staff report, subject to the following conditions: The development shall comply with the conditions and requirements of site plan Planning Case #06-34. 2. The decks shall not encroach into or above any easements. 3. Deck structures will require a building permit. Required submittal documents include: a. Design (and signature) by a professional, structural engineer. b. Revised civil drawings by the respective design professional. 19 Chanhassen City Council — August 24, 2009 4. If decks/exterior balconies are to be constructed, the City will need to review the plans to determine if a fire sprinkler head will be required under the deck/balcony. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Bruno Silikowski: Mr. Mayor could I ask, make one more comment? Mayor Furlong: Usually I would advise somebody not to after they got it but if you would like to go ahead. Bruno Silikowski: I want to say something good. Mayor Furlong: No, that's fine. No, absolutely. Please come to the podium. Bruno Silikowski: Well I guess what I want to try to say to you, and I know you guys are all getting excited about us as much as you know I am and my clients are but we've been getting so much good press and I just think it would be really smart for us to work with the city to try to get more coverage for Chanhassen specifically because my business is getting, we're in New York Times. We're going to be in the Robb Report. We've been in, as a matter of fact there's another article coming up in the Wall Street. We've been in Forbes Magazine. There's a whole bunch of publications and frankly what's been happening, it's been gaining momentum. I'd like to be able to give back to Chanhassen and I think if whomever you might appoint within the city to work with me, and on our kind of our publicity side of things, I think there's a lot of good things we could do for the city back as well so just as a point I'd encourage you to do that. Mayor Furlong: No, I think that makes sense and I would encourage you to work with Todd and Laurie at the city in terms of some of the marketing issues. The other thing, and maybe some of your clients are already doing this but at the 4's of July there's a classic car show that's right at city hall and I know you do some of the things and maybe some of them are already participating but looking to work in those ways too would I think be very well received. Bruno Silikowski: Absolutely. Well the year before this one we were at the 0 of July deal. Unfortunately our one event was actually on the same day at the same time and so it was one of those situations that it kind of clashed. We do events on the first Saturday and the third Saturday of each month and it just happened to work out the way it did with the 4`s of July. Otherwise absolutely. Mayor Furlong: But whether it's the car show. Whether it's the parade. You know those are good ways to you know share some of the passion and the love that they have with thousands of people. Bruno Silikowski: Absolutely, and I'll tell you one thing. It's an event called Cars and Coffee. It's public and you all know about it. It has become the largest, believe this or not, the largest cars and coffee in the nation. Right here and we don't talk about it. We need to talk about it. We need to talk about Chanhassen. We need to talk about how it's all integrating into the, and it's you know what about this community. Why is it so popular here and all that. There's a lot 20 Chanhassen City Council — August 24, 2009 of good stories to be told and I just am encouraging that we should do that. We should work together. Mayor Furlong: I think that will be very well received. Bruno Silikowski: Good. Thank you. Councilwoman Ernst: Thank you. Councilman McDonald: Sounds as though we could use him in our application for Money Magazine next year as another reason to come to Chanhassen. Mayor Furlong: Yep. Very good, thank you COUNCIL PRESENTATIONS: Mayor Furlong: Just a couple I have. One, the Southwest Metro Chamber of Commerce is sponsoring a, I guess a town hall meeting or sponsoring an event with Congressman Klein tomorrow afternoon from 4:30 to 6:00. It's going to be at the School of the Wise II so any residents that are interested in coming and meeting the Congressman and listening to issues. I know they're welcome to come down there. The Chamber of Commerce is sponsoring that event. Again that's tomorrow afternoon from 4:30 to 6:00 at the School of the Wise. And then also Southwest Transit, which is the transit authority is having an open house at Southwest Village on Saturday. This coming Saturday. I believe it's from 9:00 to noon. 9:00 to 11:00 so they are also offering, this year they are offering State Fair service directly from Southwest Village. This is the new station and parking ramp down at 212 and Highway 101. So in the past there's been service, during the weekday I think it's going to be offered from Wooddale Church in Eden Prairie but on the weekends it will be offered from Southwest Village. In the past it's just been on the weekends at Eden Prairie parking ramp but this year it will be right here in town. First Saturday of the State Fair is this weekend. There will be an open house in the morning there as well with some reduced fairs available and other information. So if you're interested I'd encourage you to stop down for that as well. Very good. Mr. Gerhardt. ADMINISTRATIVE PRESENTATIONS: Todd Gerhardt: Couple of new facilities that have opened in the last couple weeks here. Walgreen's at 41 and 7 is open for business so we're proud of that business. Kwik Trip has an opening coming, I see the Mayor has a flyer there. Grand opening on September 2°d. Mayor Furlong: September 2°d, yes. And that's the Kwik Trip down, right by Southwest Village or 101 and 212. Todd Gerhardt: Correct. 101 and 212, off of Lyman. Yep. And the one that we're really excited, which I think is making history in the community is the opening of the high school. We've got school starting here in 2 weeks and they've got a lot of work to do yet but. 21 CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 09/02/2009 3:34 PM Receipt No. 0108177 CLERK: bethany PAYEE: AUTOBAHN MOTORPLEX, LLC 3615 ZIRCON LANE N PLYMOUTH MN 55446 Planning Case # 09-13 ------------------------------------------------------- Property Owners List 240.00 Total Cash Check 1569 Change 240.00 0.00 240.00 0.00 Gni I SCANNED City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 CM OF (952) 227-1100 To: Bruno Silikowski 3615 Zircon Lane North Plymouth, MN 55446 Invoice SALESPERSON DATE TERMS KTM 8/6/09 upon receipt 80 1 Property Owners List within 500' of 8200 Audubon Road (80 labels) TOTAL DUE $3.00 1 $240.00 $240.00 NOTE: This invoice is in accordance with the Development Review Application submitted to the City by the Addressee shown above (copy attached) and must be paid prior to the public hearing scheduled for August 18, 2009. Make all checks payable to: City of Chanhassen Please write the following code on your check: Planning Case #09-13. If you have any questions concerning this invoice, call: (952)-227-1107. THANK YOU FOR YOUR BUSINESS! SCANNED CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 09-13 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, August 18, 7009, at 7:D0 p.m. in the Council Chambers inChanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for a site plan amendment on property zoned Industrial Office Park (IOP) located at 8200 Audubon Road (Autobahn Motorplex). Applicant: Bruno Silikowski- A plan showing the location of the proposal is available for public review on the City's web site at www.ci.chanhassen,mn-us/sem/ plan/09-13.html or at City Hall duringregularbusinesshours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Robert Generous, Senior Planner Email: bgenerous@ci.chanhassen-mn.us Phone: 952-227-1131 (Published in the Chanhassen villager on Thursday, August 6, 2009; No. 4234) Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- lager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. 3 y was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghijklmnopgrstuvwxyz,A(�,n Laurie A. Hartmann Subscribed and sworn before me on this�day of 2009 =-MINNESOTA r NO*3 Not u lic RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter ................................. $31.20 per column inch Rate actually charged for the above matter ............................................... $12.43 per column inch SCANNED CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION Application of Bruno Silikowski for Site Plan Review. On August 18, 2009, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Bruno Silikowski for a site plan review for the property located at 8200 Audubon Road. The Planning Commission conducted a public hearing on the proposed site plan which was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT The property is currently zoned Industrial Office Park (IOP). 2. The property is guided by the Land Use Plan for officelindustrial uses and Parks and Open Space. 3. The legal description of the property is: See Exhibit A 4. Site Plan Review, Section 20-110: a. The proposed development is consistent with the elements and objectives of the city's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted; b. The proposed development is consistent with the site plan review requirements; C. The proposed development preserves the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of the neighboring developed or developing areas; d. The proposed development creates a harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development; SCANNED e. The proposed development creates a functional and harmonious design for structures and site features, with special attention to the following: 1). An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants, visitors and general community; 2). The amount and location of open space and landscaping; 3). Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses; and 4). Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. Protects adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. 5. The planning report #09-13 dated August 18, 2009, prepared by Robert Generous, et al, is incorporated herein. The Planning Commission recommends that City Council approve the amendment to the site plan for Auto Motorplex, Planning Case #09-13, permitting the installation of decks in the locations highlighted in the staff report. ADOPTED by the Chanhassen Planning Commission this 18th day of August, 2009. CHANHASSEN PLANNING COMMISSION BY: n. -,.v,- - I rman 2 EXHIBIT A Legal Description That part of the Southeast Quarter of Section 15, Township 116, Range 23, West of the 5'h Principal Meridian described as follows: Beginning at the Northeast corner of said Southeast Quarter thence on an assumed bearing of North 89 degrees 00 minutes 25 seconds West along the North line of said Southeast Quarter a distance of 2614.22 feet to the Northwest comer of said Southeast Quarter; thence South 00 degrees 59 minutes 45 seconds East along the west line of said Southeast Quarter a distance of 1766.11 feet; thence North 56 degrees 57 minutes 24 seconds East a distance of 669.01 feet; thence South 33 degrees 02 minutes 36 seconds East a distance of 39.63 feet; thence Northeasterly along a non-tangential curve concave to the Northwest having a radius of 1859.86 feet; a chord bearing North 49 degrees 43 minutes 26 seconds East of 394.93 feet; thence North 56 degrees 57 minutes 24 seconds east, not to last described curve a distance of 323.97 feet; thence South 35 degrees 03 minutes 24 seconds West a distance of 22.98 feet; thence Southwesterly 120.34 feet along a tangential curve to the right having a radius of 1959.86 feet; thence North 57 degrees 57 minutes 24 seconds East not tangent to the last described curve a distance of 1319.26 feet; thence North 33 degrees 02 minutes 36 seconds West a distance of 12.50 feet; thence North 56 degrees 57 minutes 24 seconds East a distance of 495.70 feet to the East line of said Section 15; thence North 1 degree 15 minutes 22 seconds West a distance of 72.51 feel along the east line of said Section 15 to the point of beginning, according to the Government Survey thereof,. Subject to easement for County State Aid Highway 17. EXCEPT which lies Westerly of Bluff Creek, the centerline of said creek described as follows: Commencing at the Northwest comer of the Southeast Quarter of Section 15, Township 116, Range 23 West of the 5t° principal Meridian; thence on an assumed bearing of South 89 degrees 00 minutes 25 seconds East, along the North line of said Southeast Quarter, a distance of 718.45 feet to the point of beginning of the centerline to be described: thence South 03 degrees 14 minutes 54 seconds West, a distance of 12.34 feet; thence South 12 degrees 17 minutes 21 seconds East a distance of 18.26 feet; thence South 86 degrees 42 minutes 32 seconds East, a distance of 66.41 feet; thence South 00 degrees 11 minutes 26 seconds East, a distance of 10.09 feet; thence South 26 degrees 53 minutes 49 seconds East, a distance of 11.25 feet; thence South 04 degrees 40 minutes 40 seconds East, a distance of 71.53 feet; thence South 08 degrees 34 minutes 33 seconds West, a distance of 513.32 feet; thence South 01 degrees 27 minutes 58 seconds East, a distance of 148.78 feet; thence South 08 degrees 14 minutes 13 seconds West, a distance of 114.78 seconds; thence South 30 degrees 49 minutes 36 seconds West, a distance of 256.50 feet; thence South 30 degrees 12 minutes 30 seconds West, a distance of 95.70 feet; thence South 22 degrees 09 minutes 40 seconds East, a distance of 29.71 feet; thence South 10 degrees 54 minutes 04 seconds West, a distance of 55.44 feet; thence South 14 degrees 39 minutes 10 seconds East, a distance of 15.14 feet; thence South 22 degrees 30 minutes 14 seconds West; a distance of 33.54 feet; thence South 08 degrees36 minutes 50 seconds West, a distance of 40.11 feet; thence South 10 degrees 58 minutes 44 seconds West, a distance of 16.30 feet; thence South 33 degrees 58 minutes 55 seconds East, a distance of 3.27 feet to the point on the Northerly line of the Milwaukee, St. Paul and pacific Railroad, said point a distance of 586.57 feet Northeasterly of the Southwest comer of the above described property, as measured along said Northerly Railroad line, and said line there terminating. That part of the Southeast Quarter of the Northeast Quarter of Section 15, Township 116 Range 23 West of the 5`s Principal Meridian described as: Beginning in the Southeast corner of said Southeast Quarter of the Northeast Quarter; thence on an assumed bearing of North 89 degrees 00 minutes 25 seconds West along the south line of said Southeast Quarter of the Northeast Quarter a distance of 747.57 feet; thence North 35 degrees 03 minutes 24 seconds East, a distance of 1.50 feet; thence Northeasterly 1042.48 feet along a tangential curve to the right having a radius of 2814.79 feet to the East line of said Southeast Quarter of the Northeast Quarter; thence South 00 degrees 24 minutes 06 seconds East along the East line of said Southeast Quarter of the Northeast Quarter a distance of 738.57 feet to the point of beginning, according to Government Survey thereof. Subject to easement for County State Aid Highway No. 17. Torrens Certificate No 24463 Furance a. Design (and signature) by a professional, structural engineer. Phone: 952.227.1140 b. Revised civil drawings by the respective design professional. Fax: 952.227.1110 Park & Recreation 4. If decks/exterior balconies are to be constructed, the City will need to review the Phone: 952.227.1120 plans to determine if a fire sprinkler head will be required under the deck/balcony. Fax: 952.227.1110 Enclosed is a site plan agreement that must be executed by Bruno Silikowski. Note that Recreation Center if there is a different property owner and/or mortgage holder on the property, they will 2310 Couha Boulevard need to sign the consent(s) at the end of the agreement. Return the agreement to me for Phone: 952.227.1400 00 Fax: 952.227.140City execution and recording at Carver County within 120 days of the approval (by December 22, 2009). A copy of the executed agreement will be returned for your files. Planning & Natural Resources If you have any questions or need additional information, please contact me at Phone: 952.227.1130 (952) 227-1131 or bgenerous@ci.chanhassen.mn.us. Fax: 952.227.1110 Public Works Sincerely, 1591 Park Road ! Phare: 952.227.1300 Fax: 952.227.1310 Robert Generous, AICP err Senior Planner Phone: 952.227.1125 Fax: 952.227.1110 RG:ktm Web Site www.d.chanhassen.mn.us ec: Kate Aanenson, Community Development Director Jerry Mohn, Building Official Enclosure SCANNED Chanhassen is a Community for Life - Providing fa Today and Planning for Tomorrow August 31, 2009 0 Bruno Silikowski 3615 Zircon Lane North CITY OF Plymouth, MN 55446 CNANgASSENRe: Amendment to Auto Motorplex Site Plan — Planning Case #09-13 7700 Market Boulevard Dear Mr. Silikowski: PO Box 147 Chanhassen, MN 55317 This letter is to confirm that on August 24, 2009, the Chanhassen City Council approved the amendment to the site plan for Auto MotorPlex, Planning Case #09-13, permitting the Administra0on installation of decks in the locations highlighted in the staff report, subject to the Phone: 9522271100 following conditions: Fax: 952.227.1110 1. The development shall comply with the conditions and requirements of site plan Building Inspections Planning Case #06-34. Phone: 952.227.1180 Fax: 952.227.1190 2 The decks shall not encroach into or above any easements Engineering Phone: 952.227.1160 3. Deck structures will require a building permit. Required submittal documents Fax: 952.227.1170 include: Furance a. Design (and signature) by a professional, structural engineer. Phone: 952.227.1140 b. Revised civil drawings by the respective design professional. Fax: 952.227.1110 Park & Recreation 4. If decks/exterior balconies are to be constructed, the City will need to review the Phone: 952.227.1120 plans to determine if a fire sprinkler head will be required under the deck/balcony. Fax: 952.227.1110 Enclosed is a site plan agreement that must be executed by Bruno Silikowski. Note that Recreation Center if there is a different property owner and/or mortgage holder on the property, they will 2310 Couha Boulevard need to sign the consent(s) at the end of the agreement. Return the agreement to me for Phone: 952.227.1400 00 Fax: 952.227.140City execution and recording at Carver County within 120 days of the approval (by December 22, 2009). A copy of the executed agreement will be returned for your files. Planning & Natural Resources If you have any questions or need additional information, please contact me at Phone: 952.227.1130 (952) 227-1131 or bgenerous@ci.chanhassen.mn.us. Fax: 952.227.1110 Public Works Sincerely, 1591 Park Road ! Phare: 952.227.1300 Fax: 952.227.1310 Robert Generous, AICP err Senior Planner Phone: 952.227.1125 Fax: 952.227.1110 RG:ktm Web Site www.d.chanhassen.mn.us ec: Kate Aanenson, Community Development Director Jerry Mohn, Building Official Enclosure SCANNED Chanhassen is a Community for Life - Providing fa Today and Planning for Tomorrow CTTY OF CHANHASSEN STTE PLAN PERMIT #09-13 SPECIAL PROVISIONS AGREEMENT dated August 24, 2009, by and between the C= OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and Bruno J. Silikowski (the "Developer'). 1. Request for Site Plan Approval. The Developer has asked the City to approve an amendment to the site plan for Auto MotorPlex, Planning Case #09-13, permitting the installation of decks in the locations highlighted in the staff report (referred to in this Permit as the "project"). The land is legally described as shown on the attached Exhibit C. 2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that the Developer enter into this Permit and furnish the security required by it. 3. Development Plans. The project shall be developed and maintained in accordance with the following plans. The plans shall not be attached to this Contract. If the plans vary from the written terms of this Permit, the written terms shall control. The plans are: Plan A --Site Plan dated 10/19/06, prepared by Sathre-Bergquist, Inc. Plan B— Grading Plan dated 10/19/06, prepared by Sathre-Bergquist, Inc. Plan C—Landscaping Plan dated October 27, 2006 prepared by Arteka Companies. Plan D --Utility Plans dated 10/19/06, prepared by Sathre-Bergquist, Inc. 4. Time of Performance. The Developer shall install all required screening and landscaping by October 1, 2010. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 5. Security. To guarantee compliance with the terms of this Permit, the Developer shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent ("security") as specified in site plan permit 06-34. If the Developer requests a Certificate of Occupancy prior to the installation of site landscaping, then the developer shall provide to the city a letter of credit or cash escrow in an amount sufficient to insure the installation of said landscaping. PROCEDURESFOR LETTER OF CREDIT REDUCTION a. Requests for reductions of Letters of Credit must be submitted to the City in writing by the Developer or his Engineer. b. Partial lien waivers totaling the amount of the requested reduction shall accompany each such request. c. Any reduction shall be subject to City approval. 6. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: Mr. Bruno Silikowski 3615 Zircon Lane North Plymouth, MN 55446 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in care of the City Manager at the following address: Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 7. Other Special Conditions. The amendment to the site plan for Auto MotorPlex, Planning Case #09-13, permitting the installation of decks in the locations highlighted in the staff report, plans prepared by Sathre-Bergquist, Inc., dated 10-19-2006, subject to the following conditions: a. The development shall comply with the conditions and requirements of site plan Planning Case #06-34. b. The decks shall not encroach into or above any easements c. Deck structures will require a building permit. Required submittal documents include: 1) Design (and signature) by a professional, structural engineer. 2) Revised civil drawings by the respective design professional. d. If decks/exterior balconies are to be constructed, the City will need to review the plans to determine if a fire sprinkler head will be required under the deck/balcony. 8. General Conditions. The general conditions of this Permit are attached as Exhibit 'B" and incorporated herein. Fa CITY OF CHANHASSEN Thomas A. Furlong, Mayor Todd Gerhardt, City Manager DEVELOPER: Bruno Silikowski W Its STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of , 200 , by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC STATE OF MINNESOTA ) (ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 20_ by Bruno Silikowski. DRAFTED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952)227-1100 CITY OF CHANHASSEN SNE PLAN PERMrr EXHIBIT "B" GENERAL CONDITIONS 1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb the earth, remove trees, construct improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, and 3) the City has issued a building permit in reliance on the foregoing conditions having been satisfied. 2. Maintenance of site. The site shall be maintained in accordance with the approved site plan. Plants and ground cover required as a condition of site plan approval which die shall be promptly replaced. 3. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with site plan development. 4. Erosion Control. Before the site is rough graded, and before any building permits are issued, the erosion control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developers expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. No development will be allowed and no building permits will be issued unless there is full compliance with the erosion control requirements. Erosion control shall be maintained until vegetative cover has been restored. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion control, the City will authorize removal of the erosion control measures. 5. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan C, shall be warranted to be alive, of good quality, and disease free at the time of planting. All trees shall be warranted for twelve (12) months from the time of planting. The Developer or his contractor(s) shall post a letter of credit or cash escrow to the City to secure the warranties at the time of final acceptance. 4 7. Responsibility for Costs. A. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from site plan approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attomeys' fees. B. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit, including engineering and attomeys' fees. C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all development work and construction. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. 8. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is fust given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for pemrission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 9. Miscellaneous. A. Construction Trailers. Placement of on-site construction trailers and temporary job site offices shall be approved by the City Engineer. Trailers shall be removed from the subject property within thirty (30) days following the issuance of a certificate of occupancy unless otherwise approved by the City Engineer. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request. C. Third Parties. Third parties shall have no recourse against the City under this Permit. D. Breach of Contract. Breach of the terms of this Permit by the Developer shall be grounds for denial of building permits. E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Permit is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Occunancv. Unless approved in writing by the City Engineer, no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities tested and approved by the city. 5 G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. Recordine. This Permit shall run with the land and may be recorded against the title to the property. I. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. J. Construction Hours. The normal construction hours under this contract shall be from 7:00 a.m. to 9:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays, with no such activity allowed on Sundays or any recognized legal holidays. Operation of all internal combustion engines used for construction or dewatering purposes beyond the normal working hours will require City Council approval. K. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the site plan process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. L. Compliance with Laws, Ordinances, and Regulations. In the development of the site plan the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District; 5. Metropolitan Government, its agencies, departments and commissions. M. Proof --of Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers too enter into this Development Contract. N. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. O. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. J EXHIBIT C Legal Description That part of the Southeast Quarter of Section 15, Township 116, Range 23, West of the 50'Principal Meridian described as follows: Beginning at the Northeast corner of said Southeast Quarter thence on an assumed bearing of North 89 degrees 00 minutes 25 seconds West along the North line of said Southeast Quarter a distance of 2614.22 feet to the Northwest corner of said Southeast Quarter; thence South 00 degrees 59 minutes 45 seconds East along the west line of said Southeast Quarter a distance of 1766.11 feet; thence North 56 degrees 57 minutes 24 seconds East a distance of 669.01 feet; thence South 33 degrees 02 minutes 36 seconds East a distance of 39.63 feet; thence Northeasterly along a non-tangential curce concave to the Northwest having a radius of 1859.86 feet; a chord bearing North 49 degrees 43 minutes 26 seconds East of 394.93 feet; thence North 56 degrees 57 minutes 24 seconds east, not to last described curve a distance of 323.97 feet; thence South 35 degrees 03 minutes 24 seconds West a distance of 22.98 feet; thence Southwesterly 120.34 feet along a tangential curve to the right having a radius of 1959.86 feet; thence North 57 degrees 57 minutes 24 seconds East not tangent to the last described curve a distance of 1319.26 feet; thence North 33 degrees 02 minutes 36 seconds West a distance of 12.50 feet; thence North 56 degrees 57 minutes 24 seconds East a distance of 495.70 feet to the East line of said Section 15; thence North 1 degree 15 minutes 22 seconds West a distance of 72.51 feel along the east line of said Section 15 to the point of beginning, according to the Government Survey thereof,. Subject to easement for County State Aid Highway 17. EXCEPT which lies Westerly of Bluff Creek, the centerline of said creek described as follows: Commencing at the Northwest comer of the Southeast Quarter of Section 15, Township 116, Range 23 West of the 5d principal Meridian; thence on an assumed bearing of South 89 degrees 00 minutes 25 seconds East, along the North line of said Southeast Quarter, a distance of 718.45 feet to the point of beginning of the centerline to be described: thence South 03 degrees 14 minutes 54 seconds West, a distance of 12.34 feet; thence South 12 degrees 17 minutes 21 seconds East a distance of 18.26 feet; thence South 86 degrees 42 minutes 32 seconds East, a distance of 66.41 feet; thence South 00 degrees 11 minutes 26 seconds East, a distance of 10.09 feet; thence South 26 degrees 53 minutes 49 seconds East, a distance of 11.25 feet; thence South 04 degrees 40 minutes 40 seconds East, a distance of 71.53 feet; thence South 08 degrees 34 minutes 33 seconds West, a distance of 513.32 feet; thence South 01 degrees 27 minutes 58 seconds East, a distance of 148.78 feet; thence South 08 degrees 14 minutes 13 seconds West, a distance of 114.78 seconds; thence South 30 degrees 49 minutes 36 seconds West, a distance of 256.50 feet; thence South 30 degrees 12 minutes 30 seconds West, a distance of 95.70 feet; thence South 22 degrees 09 minutes 40 seconds East, a distance of 29.71 feet; thence South 10 degrees 54 minutes 04 seconds West, a distance of 55.44 feet; thence South 14 degrees 39 minutes 10 seconds East, a distance of 15.14 feet; thence South 22 degrees 30 minutes 14 seconds West; a distance of 33.54 feet; thence South 08 degrees36 minutes 50 seconds West, a distance of 40.11 feet; thence South 10 degrees 58 minutes 44 seconds West, a distance of 16.30 feet; thence South 33 degrees 58 minutes 55 seconds East, a distance of 3.27 feet E? to the point on the Northerly line of the Milwaukee, St. Paul and pacific Railroad, said point a distance of 586.57 feet Northeasterly of the Southwest corner of the above described property, as measured along said Northerly Railroad line, and said line then terminating. That part of the Southeast Quarter of the Northeast Quarter of Section 15, Township 116 Range 23 West of the 5s' Principal Meridian described as: Beginning in the Southeast comer of said Southeast Quarter of the Northeast Quarter; thence on an assumed bearing of North 89 degrees 00 minutes 25 seconds West along the south line of said Southeast Quarter of the Northeast Quarter a distance of 747.57 feet; thence North 35 degrees 03 minutes 24 seconds East, a distance of 1.50 feet; thence Northeasterly 1042.48 feet along a tangential curve to the right having a radius of 2814.79 feet to the East line of said Southeast Quarter of the Northeast Quarter; thence South 00 degrees 24 minutes 06 seconds East along the East line of said Southeast Quarter of the Northeast Quarter a distance of 738.57 feet to the point of beginning, according to Government Survey thereof. Subject to easement for County State Aid Highway No. 17. Torrens Certificate No 24463 E CONSENT Owners of all or part of the subject property, the development of which is governed by the foregoing Site Plan Permit, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this _ day of 200_ STATE OF MINNESOTA ) ( ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of 20—, by DRAFTED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhac ^n, MN 55317 (952) 227-1101) 10 NOTARY PUBLIC MORTGAGE HOLDER CONSENT TO SITE PLAN AGREEMENT which holds a mortgage on the subject property, the development of which is governed by the foregoing Site Plan Agreement, agrees that the Site Plan Agreement shall remain in full force and effect even if it forecloses on its mortgage. Dated this day of 20_ STATE OF MINNESOTA ) (ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 20_, by DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 11 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Adninishabon Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Bob Generous, Senior Planner DATE: August 24, 2009 * SUBJ: Site Plan Amendment for Auto MotorPlex — Planning Case #09-13 PROPOSED MOTION "The Chanhassen City Council approves the amendment to the site plan for Auto MotorPlex, Planning Case #09-13, permitting the installation of decks in the locations highlighted in the staff report, subject to conditions 1 — 4 on page 8 of the revised staff report and adoption of the attached findings of fact." City Council approval requires a majority vote of City Council present. Phone: 952.227.11 60 EXECUTIVE SUMMARY Fax: 952.227.1170 Phone: 952.227.1400 The developer is requesting an amendment to the site plan to permit the construction of France decks off of some of the storage units. The intention of the facility is to permit high-end Phone: 952.227.1140 car owners to be able to store and work on their cars and be around other car enthusiasts. Fax: 952.227.1110 The IOP zoning district permits storage facilities. The question for the Planning Park & Recreaft Commission and City Council is whether the decks off the storage units are consistent Phone: 952.227.1120 with that use or creating a new use of the storage units. Staff wanted to assure that there Fax: 952.227.1110 was full disclosure regarding the evolution of the project. RmeationCen* PLANNING COMMISSION SUMMARY 2310 Coulter Boulevard Phone: 952.227.1400 The Planning Commission held a Public Hearing on August 18, 2009, to review the Fax 952227.1404 proposed amendment. The Planning Commission voted four for and two against a motion Planning & recommending approval of the amendment to the site plan. The two no votes were due to Natural Resources the elimination of the condition prohibiting the enclosing of the deck structures. Otherwise, _ _ --, -- —� 30 the Planning Commission was very supportive of the project. Fax: 952.227.1110 Planning Commission minutes for August 18, 2009, are attached. PUNIC Mlorks 1591 Park Road Phone: 952.227.1300 RECOMMENDATION Fax: 952.227.1310 The Planning Commission recommends adoption of the modified motion as specified on serierCenter page 8 in the staff report dated August 18, 2009 approving the amendment to the site plan Phone: 952.227.1125 permitting decks. Fax: 952.227.1110 Web Shle ATTACHMENTS www achanhassemmn.us 1. Revised Planning Commission Staff Report Dated August 18, 2009. 2. Planning Commission Minutes for August 18, 2009. g:\plan\2009 planning cases\09-13 auto motorplex site plan amendment\executive summary.doc $CANNED Chanhassen is a Community for Life- Providing for Today and Planning tar Tomorrow CITY OF CHANHASSEN PROPOSED MOTION: PC DATE: August 18, 2009 3] CC DATE: August 24, 2009 REVIEW DEADLINE: September 21, 2009 CASE #: 09-13 BY: AF, RG, ML, JM "The Chanhassen Planning Commission recommends that City Council approve the amendment to the site plan for Auto MotorPlex, Planning Case #09-13, permitting the installation of decks in the locations highlighted in the staff report, subject to conditions 1 --5 4 on page 8 of the staff report." rAM SUMMARY OF REQUEST: The developer is requesting a Site Plan Amendment to allow decks — Auto MotorPlex. LOCATION: 8200 Audubon Road PID: 25-0151210&25-0810001 APPLICANT: Bruno Silikowski 3615 Zircon Lane North Plymouth, MN 55446 (612)850-8398 PRESENT ZONING: Industrial Office Park (IOP) 2020 LAND USE PLAN: Office/Industrial ACREAGE: 38.7 acres DENSITY: F.A.R. 0.10 The City's discretion in approving or denying a site plan is limited to whether or not the proposed project complies with Zoning Ordinance requirements. If it meets these standards, the City must then approve the site plan. This is a quasi-judicial decision. PROPOSAL/SUMMARY The developer is requesting an amendment to the site plan to permit the construction of decks off of some of the storage units. The site is bounded to the north by General Mills, to the east by Audubon Road and the City's Public Works facility, to the south by the Twin Cities and Western Railroad and Chanhassen Business Park and to the west by Bluff Creek and Creekside, a single-family residential subdivision. Auto MotorPlex Site Plan Amendment Planning Case 09-13 August 18, 2009 Page 2 of 8 The clubhouse is approximately a quarter mile from the nearest single-family home in Creekside. The nearest storage building is 520 feet to the western property line plus approximately 200 feet from the property line to the nearest home. The developer is constructing condominium -style storage facilities for automobile enthusiasts and collectors, with a clubhouse and museum building for members to meet and showcase automobiles. Site plan review was performed for a total of 12 buildings consisting of 11 storage buildings with a total square footage of approximately 162,000 square feet, and the clubhouse and museum building of approximately 15,000 square feet, including a small office area above the clubhouse. The entrance to the facility will be gated and a fence will be installed around the storage building facilities. Fencing will consist of aluminum or steel construction and be wrought iron in appearance. Maximum fence height is eight feet. Fencing shall also be installed at the extreme western edge of the property across the old farm access at Bluff Creek. The proposed hours of general operation of the facility is from 7:00 am. to 8:00 p.m. daily, which includes access to the clubhouse, communal washing facilities and the assisted car maintenance for owners. The general public will not have access to the site. The owners will have access to their storage units at any time. Car shows or manufacturers' displays, club meetings, e.g. Porsche Club, BMW Club, etc., and corporate meetings would occur occasionally, but be limited to the normal business hours. The intention of the facility is to permit high-end car owners to be able to store, work on and be around other car enthusiasts. However, the majority of the cars will be street legal. Due to the hours of operation and the type of proposed site uses, noise is not anticipated to be an issue. Two building pads are proposed near the entrance to the site off Audubon Road. However, the City has not performed site plan review for these sites. Prior to their development, a separate site plan review process will be required. The uses of the buildings would be as allowed in the IOP zoning district. The building design and use have been evolving as the project has progressed. The unit buyers have been adding mezzanine levels, additional windows and doors and a few balconies. These improvements enhance the architectural detailing of the building and increase their value. Now, the developer is requesting the construction of decks off of some of the units. Since these improvements are beyond a mere architectural enhancement to the building and create the opportunity for the storage unit owners to have exterior space, staff requested that the decks be reviewed and approved through the site plan review process. This will permit a vetting of the issues relative to the use of the decks. Staff has expressed our concern to the developer that the construction of the decks could lead to a use that is not contemplated for the site, specifically, the use of these decks as more habitable space for social activity, e.g., grilling and party activities; rather than as a place for automobile enthusiasts to store, maintain and meet and view each other's vehicles. Auto MotorPlex Site Plan Amendment Planning Case 09-13 August 18, 2009 Page 3 of 8 The intention of the facility is to permit high-end car owners to be able to store and work on their cars and be around other car enthusiasts. The IOP zoning district permits storage facilities. The question for the Planning Commission and City Council is whether the decks off the storage units are consistent with that use or creating a new use of the storage units. Should the exterior gathering places for social activity be confined to the clubhouse area or should decks be permitted on the individual storage units? The individual storage units are taking on a clubhouse type atmosphere. Unit owners have provided many amenities and conveniences that are more typical of a residential unit, rather than the typical storage unit. The individual units are taking on the characteristics of a home away from home. While staff's original understanding for the development was that the units would be used for the storage and repair of an individual's vehicle(s), the social gathering and socializing aspect would occur in the clubhouse museum building. However with all the individual improvements made to these units and now the potential expansion on the exterior of the units, are we moving away from the use of the units as a storage facility, with a central club facility, more toward a conglomeration of individual habitable units? The building code and the type of construction used on the units permit everything from assembly to residential to manufacturing to occur in these building. The limiting factor on the use of the structures is the zoning, IOP. Staff is requesting that the Planning Commission and City Council, through the site plan review process, determine if these proposed decks meet the intent of the use of the site and, therefore, be permitted as an amendment to the approved site plan. APPLICABLE REGUATIONS Chapter 20, Article II, Division 6, Site Plan Review Chapter 20, Article XMI, "IOP" Industrial Office Park District Chapter 20, Article XXIII, Division 7, Design Standards for Commercial, Industrial and Office - Institutional Developments On December 8, 2008, , the Chanhassen City Council approved the amendment to the Conditional Use Permit for development within the Bluff Creek Corridor with a Variance to locate the storm water pond within the Bluff Creek primary zone to permit the phased development of the project and allow for the incremental expansion or revision of the property line. On December 11, 2006, the Chanhassen City Council approved the following: A. Rezoning of the western portion of the site from Agricultural Estate District, A2, to Industrial Office Park, IOP. B. Conditional Use Permit for development within the Bluff Creek Corridor with a Variance to locate the storm water pond within the Bluff Creek primary zone. Auto MotorPlex Site Plan Amendment Planning Case 09-13 August 18, 2009 Page 4of8 C. Conditional Use Permit for multiple buildings (up to 14) on one parcel. D. Site Plan for 12 buildings (one clubhouselmuseum building and 11 storage buildings totaling approximately 177,000 square feet of building area). GENERAL SITE PLAN/ARCHITECTURE ARCHITECTURAL COMPLIANCE Development layout and building design intent is for creating a sense of community amongst the association members. One aspect of accomplishing this is by dividing the building square footage into 14 relatively small buildings that fit in and follow the lot contours as opposed to 2 or 3 large sprawling buildings. The proposed development will be developed as a Common Interest Community, CIC, rather than being subdivided into separate lots and blocks. The storage units will be owned individually. However, all "members" will own the common land. In establishing the CIC for the development, a separate parcel was created around the first phase of the project. With each additional phase of development, the CIC is expanded to encompass the new buildings and associated common area (driveways). A carriage -house look is being created that will have a continuity of architectural theme with a variety of trim detail and colors. Size Portion Placement Building differentiation will be through the use of different - colored accents. Building articulation is accomplished through the use of gable roof projections, cupolas and faux barn doors to simulate a bam and hayloft. Clubhouse/Museum Auto MotorPlex Site Plan Amendment Planning Case 09-13 August 18, 2009 Page 5 of 8 Material and Detail Features include roof cupolas, cross -buck style decorative doors and loft doors, enhanced door and window trims and gable louvers. The unit buyers have been adding mezzanine levels, additional windows and doors and a few balconies. The balconies are limited to three feet in width and are located, generally, under the existing eves of the structures. Balconies are treated in the City Code similar to bay windows, open porches and chimneys. These improvements enhance the architectural detailing of the building and increase their value. Building materials consist of painted, fibrous cement board siding (James Hardie siding) or stucco hardi-plank cement siding. Facade areas of buildings will have wainscots which consist of stone or brick in natural color tones. The clubhouse provides a gathering space for members. The clubhouse building incorporates multi -paned windows throughout the eastern elevation of the building. The roof pattern is repeated on the storage buildings. Accents are provided through the use of different colored trim. Cupolas are proposed in the middle and at the end of the building. The cupola above the clubhouse will be larger and have windows to provide natural lighting into the building. Weather vanes and lighting rods will be used on top of the cupolas. The roof material is metal standing seam. The developer would now like to add larger decks to the buildings. Since this is beyond a mere architectural enhancement to the facade, the inclusion of these decks, their location and potential sizes are being reviewed as an amendment to the site plan. The decision is whether to allow five observation decks (identified as "D", ranging from 8'-14'W x 10'-20'L), and 6'W x 10'-16'L decks (identified as "B") on the north side of two future buildings. The location of these decks is shown in the drawing below. Further, the developer would like the opportunity to add a roof structure above these deck areas, similar to the picture to the right, should the unit buyer request it. Auto MotorPlex Site Plan Amendment Planning Case 09-13 August 18, 2009 Page 6 of 8 'S "D" - decks ranging 8'-14'w by 10'-30' L • 'a- = balcony's ranging 3'-6'w by 10'-16'L (tel i i - -- - • ` ' /./. 1 y ,\ / i • [M:'YN cd'IUi RAY Color The primary building color is either putty -white or light taupe. The stone is Prairie Bluff— Yuma, which has browns and tans and is natural m appearance. Accents will be provided through the use of a range of color including light gray, gray, brown, red, maroon and forest green. The metal roof is forest green. HeWa t and Roof Deshm Building height is 30 feet 6 inches at the top of the roof above the clubhouse. The buildings will have gabled roofs, the roof pitches will range from 3/12 pitch to 8/12. The storage buildings shall have a peak height of roof of 27 VR -r IT 11M. IT ....... M—M. r M.WM~-I 1 10.003-000, 0— M-AVININIMMUO "M I W Color The primary building color is either putty -white or light taupe. The stone is Prairie Bluff— Yuma, which has browns and tans and is natural m appearance. Accents will be provided through the use of a range of color including light gray, gray, brown, red, maroon and forest green. The metal roof is forest green. HeWa t and Roof Deshm Building height is 30 feet 6 inches at the top of the roof above the clubhouse. The buildings will have gabled roofs, the roof pitches will range from 3/12 pitch to 8/12. The storage buildings shall have a peak height of roof of 27 Auto MotorPlex Site Plan Amendment Planning Case 09-13 August 18, 2009 Page 7 of 8 feet 8 inches. Substantial eave and gable overhangs shall be incorporated into each building design with highlighted fascia features. Roof articulation is provided through the use of cupolas. A green standing seam metal roof is proposed throughout the motorplex complex. Mechanical equipment is screened through landscaping and placement on the site. The developer would also like the opportunity to add a roof structure above these deck areas, which was discussed under the material and detail section of the report. Facade Transparency Due to the building type, 50 percent of the first floor elevation that is viewed by the public includes overhead doors. Other areas shall include landscaping material and architectural detailing and articulation. Unit owners may add additional windows and doors, creating greater fagade transparency. Site Furnishing Community features include a plaza area in front of the clubhouse and museum. A patio area and deck have been included to the west of the clubhouse. These areas are intended to permit the members to meet and socialize. The clubhouse provides a gathering place for condominium owners. Loading areas, refuse area, etc. Refuse will be stored internally until the date of pick-up. Lighting/Signaee Only wall -mounted lighting units are proposed for the development. The lighting must be shielded to prevent off-site glare. A monument sign may be located at the entrance on Audubon Road. The monument sign shall not exceed eighty (80) square feet in sign display area nor be greater than eight (8) feet in height. Wall signage must comply with City Code requirements for the IOP district. A separate sign permit application is require for all signage. RECOMMENDATION Stag The Planning Commission recommends adoption one of the following twa motions and adoption of the eafrespendin attached findings of fact and recommendation: "The Chanhassen City Council approves the amendment to the site plan for Auto MotorPlex, Planning Case #09-13, permitting the installation of decks in the locations highlighted in the staff report, subject to the following conditions: Auto MotorPlex Site Plan Amendment Planning Case 09-13 August 18, 2009 Page 8 of 8 1. The development shall comply with the conditions and requirements of site plan Planning Case #06-34. 2. The decks shall not encroach into or above any easements 3. Deck structures will require a building permit. Required submittal documents include: a. Design (and signature) by a professional, structural engineer. b. Revised civil drawings by the respective design professional. 4. If decks/exterior balconies are to be constructed, the City will need to review the plans to determine if a fire sprinkler head will be required under the deck/balcony. ram QUO Mal M.M. .. .. .. �. ATTACHMENTS 1. Findings of Fact and Recommendation (Approval). 2. Findings of Fact and Recommendation (Denial). 3. Development Review Application. 4. Applicant's Narrative and Pictures. 5. Email from Jerry Mohn to Bob Generous Dated August 6, 2009. 6. IOP District Regulations. 7. Public Hearing Notice and Mailing List. gAplan\2009 planning cases\09-13 auto motorplex site plan amendmenttstaff report motorplex.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION Application of Bruno Silikowski for Site Plan Review. On August 18, 2009, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Bruno Silikowski for a site plan review for the property located at 8200 Audubon Road. The Planning Commission conducted a public hearing on the proposed site plan which was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Industrial Office Park (IOP). 2. The property is guided by the Land Use Plan for office/industrial uses and Parks and Open Space. 3. The legal description of the property is: See Exhibit A 4. Site Plan Review, Section 20-110: a. The proposed development is consistent with the elements and objectives of the city's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted; b. The proposed development is consistent with the site plan review requirements; C. The proposed development preserves the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of the neighboring developed or developing areas; d. The proposed development creates a harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development; e. The proposed development creates a functional and harmonious design for structures and site features, with special attention to the following: 1). An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants, visitors and general community; 2). The amount and location of open space and landscaping; 3). Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses; and 4). Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. Protects adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. 5. The planning report #09-13 dated August 18, 2009, prepared by Robert Generous, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that City Council approve the amendment to the site plan for Auto Motorplex, Planning Case #09-13, permitting the installation of decks in the locations highlighted in the staff report. ADOPTED by the Chanhassen Planning Commission this 18'b day of August, 2009. CHANHASSEN PLANNING COMMISSION M Its Chairman 2 EXHIBIT A Legal Description That part of the Southeast Quarter of Section 15, Township 116, Range 23, West of the 5`" Principal Meridian described as follows: Beginning at the Northeast corner of said Southeast Quarter thence on an assumed bearing of North 89 degrees 00 minutes 25 seconds West along the North line of said Southeast Quarter a distance of 2614.22 feet to the Northwest corner of said Southeast Quarter; thence South 00 degrees 59 minutes 45 seconds East along the west line of said Southeast Quarter a distance of 1766.11 feet; thence North 56 degrees 57 minutes 24 seconds East a distance of 669.01 feet; thence South 33 degrees 02 minutes 36 seconds East a distance of 39.63 feet; thence Northeasterly along a non-tangential curve concave to the Northwest having a radius of 1859.86 feet; a chord bearing North 49 degrees 43 minutes 26 seconds East of 394.93 feet; thence North 56 degrees 57 minutes 24 seconds east, not to last described curve a distance of 323.97 feet; thence South 35 degrees 03 minutes 24 seconds West a distance of 22.98 feet; thence Southwesterly 120.34 feet along a tangential curve to the right having a radius of 1959.86 feet; thence North 57 degrees 57 minutes 24 seconds East not tangent to the last described curve a distance of 1319.26 feet; thence North 33 degrees 02 minutes 36 seconds West a distance of 12.50 feet; thence North 56 degrees 57 minutes 24 seconds East a distance of 495.70 feet to the East line of said Section 15; thence North 1 degree 15 minutes 22 seconds West a distance of 72.51 feel along the east line of said Section 15 to the point of beginning, according to the Government Survey thereof,. Subject to easement for County State Aid Highway 17. EXCEPT which lies Westerly of Bluff Creek, the centerline of said creek described as follows: Commencing at the Northwest corner of the Southeast Quarter of Section 15, Township 116, Range 23 West of the 50' principal Meridian; thence on an assumed bearing of South 89 degrees 00 minutes 25 seconds East, along the North line of said Southeast Quarter, a distance of 718.45 feet to the point of beginning of the centerline to be described: thence South 03 degrees 14 minutes 54 seconds West, a distance of 12.34 feet; thence South 12 degrees 17 minutes 21 seconds East a distance of 18.26 feet; thence South 86 degrees 42 minutes 32 seconds East, a distance of 66.41 feet; thence South 00 degrees 11 minutes 26 seconds East, a distance of 10.09 feet; thence South 26 degrees 53 minutes 49 seconds East, a distance of 11.25 feet; thence South 04 degrees 40 minutes 40 seconds East, a distance of 71.53 feet; thence South 08 degrees 34 minutes 33 seconds West, a distance of 513.32 feet; thence South 01 degrees 27 minutes 58 seconds East, a distance of 148.78 feet; thence South 08 degrees 14 minutes 13 seconds West, a distance of 114.78 seconds; thence South 30 degrees 49 minutes 36 seconds West, a distance of 256.50 feet; thence South 30 degrees 12 minutes 30 seconds West, a distance of 95.70 feet; thence South 22 degrees 09 minutes 40 seconds East, a distance of 29.71 feet; thence South 10 degrees 54 minutes 04 seconds West, a distance of 55.44 feet; thence South 14 degrees 39 minutes 10 seconds East, a distance of 15.14 feet; thence South 22 degrees 30 minutes 14 seconds West; a distance of 33.54 feet; thence South 08 degrees36 minutes 50 seconds West, a distance of 40.11 feet; thence South 10 degrees 58 minutes 44 seconds West, a distance of 16.30 feet; thence South 33 degrees 58 minutes 55 seconds East, a distance of 3.27 feet to the point on 3 the Northerly line of the Milwaukee, St. Paul and pacific Railroad, said point a distance of 586.57 feet Northeasterly of the Southwest comer of the above described property, as measured along said Northerly Railroad line, and said line there terminating. That part of the Southeast Quarter of the Northeast Quarter of Section 15, Township 116 Range 23 West of the 5a' Principal Meridian described as: Beginning in the Southeast corner of said Southeast Quarter of the Northeast Quarter; thence on an assumed bearing of North 89 degrees 00 minutes 25 seconds West along the south line of said Southeast Quarter of the Northeast Quarter a distance of 747.57 feet; thence North 35 degrees 03 minutes 24 seconds East, a distance of 1.50 feet; thence Northeasterly 1042.48 feet along a tangential curve to the right having a radius of 2814.79 feet to the East line of said Southeast Quarter of the Northeast Quarter; thence South 00 degrees 24 minutes 06 seconds East along the East line of said Southeast Quarter of the Northeast Quarter a distance of 738.57 feet to the point of beginning, according to Government Survey thereof. Subject to easement for County State Aid Highway No. 17. Torrens Certificate No 24463 4 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION Application of Bruno Silikowski for Site Plan Review. On August 18, 2009, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Bruno Silikowski for a site plan review for the property located at 8200 Audubon Road. The Planning Commission conducted a public hearing on the proposed site plan which was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT The property is currently zoned Industrial Office Park (IOP). 2. The property is guided by the Land Use Plan for office/industrial uses and Parks and Open Space. 3. The legal description of the property is: See Exhibit A 4. Site Plan Review, Section 20-110: a. The proposed development is inconsistent with the elements and objectives of the city's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted because it creates a use of the site that is not compatible with storage facilities; b. The proposed development is consistent with the site plan review requirements; C. The proposed development preserves the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of the neighboring developed or developing areas; d. The proposed development creates an incompatible relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development through the provision of outside living space in an vehicle storage facility; e. The proposed development creates a functional and harmonious design for structures and site features, with special attention to the following: 1). An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants, visitors and general community; 2). The amount and location of open space and landscaping; 3). Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses; and 4). Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. L Protects adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. FINDING: The proposed decks create an inconsistent and incompatible element within the development. The use of the decks would be incompatible with the storage facility uses. The decks encroach into the open space and landscaping. 6. The installation of decks provides living spaces that are not permitted in the Industrial Office Park District and is incompatible with the use of the property for storage space. 7. The planning report #09-13 dated August 18, 2009, prepared by Robert Generous, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that City Council deny the amendment to the site plan for Auto Motorplex, Planning Case #09-13, and prohibit the installation of decks. ADOPTED by the Chanhassen Planning Commission this 18`s day of August, 2009. CHANHASSEN PLANNING COMMISSION W Its Chairman 2 EXHIBIT A Legal Description That part of the Southeast Quarter of Section 15, Township 116, Range 23, West of the 5`s Principal Meridian described as follows: Beginning at the Northeast corner of said Southeast Quarter thence on an assumed bearing of North 89 degrees 00 minutes 25 seconds West along the North line of said Southeast Quarter a distance of 2614.22 feet to the Northwest corner of said Southeast Quarter; thence South 00 degrees 59 minutes 45 seconds East along the west line of said Southeast Quarter a distance of 1766.11 feet; thence North 56 degrees 57 minutes 24 seconds East a distance of 669.01 feet; thence South 33 degrees 02 minutes 36 seconds East a distance of 39.63 feet; thence Northeasterly along a non-tangential curve concave to the Northwest having a radius of 1859.86 feet; a chord bearing North 49 degrees 43 minutes 26 seconds East of 394.93 feet; thence North 56 degrees 57 minutes 24 seconds east, not to last described curve a distance of 323.97 feet; thence South 35 degrees 03 minutes 24 seconds West a distance of 22.98 feet; thence Southwesterly 120.34 feet along a tangential curve to the right having a radius of 1959.86 feet; thence North 57 degrees 57 minutes 24 seconds East not tangent to the last described curve a distance of 1319.26 feet; thence North 33 degrees 02 minutes 36 seconds West a distance of 12.50 feet; thence North 56 degrees 57 minutes 24 seconds East a distance of 495.70 feet to the East line of said Section 15; thence North 1 degree 15 minutes 22 seconds West a distance of 72.51 feel along the east line of said Section 15 to the point of beginning, according to the Government Survey thereof,. Subject to easement for County State Aid Highway 17. EXCEPT which lies Westerly of Bluff Creek, the centerline of said creek described as follows: Commencing at the Northwest corner of the Southeast Quarter of Section 15, Township 116, Range 23 West of the 5th principal Meridian; thence on an assumed bearing of South 89 degrees 00 minutes 25 seconds East, along the North line of said Southeast Quarter, a distance of 718.45 feet to the point of beginning of the centerline to be described: thence South 03 degrees 14 minutes 54 seconds West, a distance of 12.34 feet; thence South 12 degrees 17 minutes 21 seconds East a distance of 18.26 feet; thence South 86 degrees 42 minutes 32 seconds East, a distance of 66.41 feet; thence South 00 degrees 11 minutes 26 seconds East, a distance of 10.09 feet; thence South 26 degrees 53 minutes 49 seconds East, a distance of 11.25 feet; thence South 04 degrees 40 minutes 40 seconds East, a distance of 71.53 feet; thence South 08 degrees 34 minutes 33 seconds West, a distance of 513.32 feet; thence South 01 degrees 27 minutes 58 seconds East, a distance of 148.78 feet; thence South 08 degrees 14 minutes 13 seconds West, a distance of 114.78 seconds; thence South 30 degrees 49 minutes 36 seconds West, a distance of 256.50 feet; thence South 30 degrees 12 minutes 30 seconds West, a distance of 95.70 feet; thence South 22 degrees 09 minutes 40 seconds East, a distance of 29.71 feet; thence South 10 degrees 54 minutes 04 seconds West, a distance of 55.44 feet; thence South 14 degrees 39 minutes 10 seconds East, a distance of 15.14 feet; thence South 22 degrees 30 minutes 14 seconds West; a distance of 33.54 feet; thence South 08 degrees36 minutes 50 seconds West, a distance of 40.11 feet; thence South 10 degrees 58 minutes 44 seconds West, a distance of 16.30 feet; thence South 33 degrees 58 minutes 55 seconds East, a distance of 3.27 feet to the point on the Northerly line of the Milwaukee, St. Paul and pacific Railroad, said point a distance of 3 586.57 feet Northeasterly of the Southwest comer of the above described property, as measured along said Northerly Railroad line, and said line there terminating. That part of the Southeast Quarter of the Northeast Quarter of Section 15, Township 116 Range 23 West of the 5`h Principal Meridian described as: Beginning in the Southeast corner of said Southeast Quarter of the Northeast Quarter; thence on an assumed bearing of North 89 degrees 00 minutes 25 seconds West along the south line of said Southeast Quarter of the Northeast Quarter a distance of 747.57 feet; thence North 35 degrees 03 minutes 24 seconds East, a distance of 1.50 feet; thence Northeasterly 1042.48 feet along a tangential curve to the right having a radius of 2814.79 feet to the East line of said Southeast Quarter of the Northeast Quarter; thence South 00 degrees 24 minutes 06 seconds East along the East line of said Southeast Quarter of the Northeast Quarter a distance of 738.57 feet to the point of beginning, according to Government Survey thereof. Subject to easement for County State Aid Highway No. 17. Torrens Certificate No 24463 !d r1-cmac CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION Applicant Name and Address: Q2J�5oSIL 1k SI X61 S L,L1 ii i y,uaUTH . VA1-j .9914 c.( 6 Contact: s,." Phone: &Id Ss3 83tiS Fax: Email: _bSIUK W S ILI �E f\Ui0.4G70JLPlE Y. CpN� Planning Case No. c ct - 13 CITY OF CHANHASSEN RECEIVED JUN 2 4 2009 CHANHASSEN PLANNING DEPT owner Name ana Aaaress: Contact: Phone: Fax: Email: NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Nonconforming Use Permit Planned Unit Development' Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)' -�—'ov Subdivision' Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment X Notification Sign$200 (City to install and remove) X 7$-4950 w for Filing Fees/Attorney Cost" UP/SPRfVAC/VARNVAP/Metes 8 Bounds Minor SUB TOTAL FEE $ :� 5�2 Com_ ai CC* lut-] An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Sixteen (16) full-size folded copies of the plans must be submitted, including an 8%" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 (".tif) format. "*Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for., . each application. PROJECT NAME: A V ToCrp� LOCATION: � f �� Du i-:;0t1�,l�-) LEGAL DESCRIPTION AND PID: 35 — 0115D,�;L lc�p w a5 - dg 1 Goal TOTAL ACREAGE: 'yo o WETLANDS PRESENT: YES NO PRESENT ZONING: 10tp REQUESTED ZONING: PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: SES A7T,�ry-�� FOR SITE PLAN REVIEW: include number of existing employees: andnew empl oyees: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the speck ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to (his application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. GAPLANTo"s0evelopment Review Application.DOC 7/,;? Date SCANNED Date Rev. 1/08 PROJECT NAME: Au—(C' ��IiO7 PLCr'pp� LOCATION:— LEGAL DESCRIPTION AND PID: Qat - D list - i-' as - eg 1 o00 � TOTAL ACREAGE: 1 y0 WETLANDS PRESENT: YES NO PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: 47E 74-ery-e4 FOR SITE PLAN REVIEW: Include number of existing employees: and new employees: r— This application must be completed in full and be typewritten or dearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to (his application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. GAPI.ANTorms0evelopment Review Applimbon.DOC 71c� Y10 (7 D ate AT — �Z SCANNED Date Rev. 1/08 The purpose of this document is to request a clarification/small addition to the site plan. To give you a short background... we currently are permitted by the City to install balconies onto our buildings and plan to continue to add them to create architectural features and views of the complex and natural landscape given the large wetland that is part of this property. This request is to clarify the ability to add decks in a few locations (which differ only in size from the balconies which have been permitted; as a point of reference, the City also approved a deck as part of the original site plan) to the buildings within the Auto MotorPlex Campus. As you are likely aware, the Auto MotorPlex Campus has grown quickly with a quality look, feel and presence and we continue to attract an affluent group of people who have been accretive to the City. Our clients tend to be conservative and on the wealthier side. They enjoy the quality and security that has been constructed at the MotorPlex and commensurately have added finishing to their garage so they can enjoy their motorsports passion as well as hanging out with like minded enthusiasts in a pleasant surrounding and natural beauty. Currently, we have 6 balconies (ranging 3'x10' to 3'x16') and 1 observation deck (12'x30) constructed on our buildings, please see the attached pictures for examples. The construction of these balconies and deck has been permitted and approved by the City. They have added accretive architectural features to the buildings and additional functionality that has helped sales. Given the economic times, this is important... it has been a buyer decision factor. All of these structures are guided in our architectural guidelines section of our association bylaws. The bylaws govern the look and finish of these balconies and decks to ensure the quality and integrity of the Auto MotorPlex Campus. The City does continue to allow for the construction of the balconies but wants the input of the Planning Commission to support the decision of allowing 5 observation decks (identified as "D", ranging from 8'-14'W x 10'-20'L), see site plan below, as well as 6'W x 10'-16'L balconies (identified as "B") on the north side of two future buildings. I am requesting that we be permitted to construct the additional observation decks and balconies on remote parts of our buildings providing a scenic view of the property. This is a feature that, in at least two cases, clients have purchased their private garage with the belief that a deck can be constructed, given that a permitted one already existed on the campus. I request your approval of this clarification to the site plan. Please see the pictures below, they show the site plan, balconies and deck already built, two pictures of the view of where the proposed decks would be located and a picture of what the balconies would likely resemble for two future buildings (A & B on the site plan). SCANNeo \\ "O" = becks ranging by I0'-30• L "B" =balcony's ranqkq uq 3*-6 3'-6 W by I0'-16' L ..p.. 7 r o r q ,IL U 'N ,� . � � • � % e.•us �ow scniu+eo I ilillmi-11 i iiiiiiin, f;.yam <i. 4e wzl Generous, Bob From: Mohn, Jerry Sent: Thursday, August 06, 2009 3:57 PM To: Generous, Bob Subject: Acceptable occupancies at Motorplex Follow Up Flag: Follow up Flag Status: Flagged Given their size, fire separation distances, type of construction (V -B, unprotected wood - frame) and level of fire suppression (fully sprinkled), these buildings could (with some changes/increases in ventilation and number of restrooms) house the following occupancies: A-2, A-3, A-4 Assembly occupancies, Restaurants, taverns, arcades, dance halls, lecture halls, banquet halls, etc. B Banks, professional offices, beauty shops, clinics, post offices, radio and TV stations, etc. E Educational, schools to grade 12, daycares for more than 5 children older than 2 1/2 years. F-1 and F-2 Factory M Mercantile R-1, R-2, R-3, R-4 Residential, hotels, motels, apartments, single-family, multi -family. S-1, S-2 Storage, warehouses, parking garages, vehicle repair facilities. U Utility, Agricultural buildings, private garage, carport, retaining walls, sheds, etc. As you can see, under the building code these buildings are quite versatile. Jerry Jerritt Mohn Building Official City of Chanhassen 1 ZONING § 20-812 (6) The maximum height is as follows: a. For the principal structure, two stories. b. For accessory structures, one story. (7) Minimum setback requirements: a. For front yards, 35 feet. b. For rear yards, 30 feet. C. For side yards, 15 feet. d. The minimum setback is 50 feet when it abuts a residential district without being separated from the residential district by a street or railroad right -of --way. (Ord. No. 80, Art. V, § 15(5-15-5), 12-15-86; Ord. No. 94, §§ 1, 6, 7-25-88; Ord. No. 451, § 7, 5-29-07) Sec. 20-796. Interim uses. The following are interim uses in the "OI" District: (1) Temporary classroom structures for use by public or private schools needed for temporary use. (Ord. No. 282, § 1, 6-22-98) Secs. 20-797-20-810. Reserved. ARTICLE ffi. "IOP" INDUSTRIAL OFFICE PARK DISTRICT Sec. 20-811. Intent. The intent of the "IOP" District is to provide an area identified for large scale light industrial and commercial planned development. (Ord. No. 80, Art. V, § 16(5-16-1), 12-15-86) Sec. 20-812. Permitted uses. The following uses are permitted in an "IOP" District: (1) Antennas as regulated by article `COQ of this chapter. (2) Automotive repair shops. (3) Conference/convention centers. (4) Health services. (5) Indoor health and recreation clubs. (6) Light industrial. (7) Offices. Supp. No. 3 CD20:141 § 20-812 CHANHASSEN CITY CODE (8) Off -premises parking lots. (9) Print shops. (10) Recording studios. (11) Utility services. (12) Vocational school. (13) Warehouses. (Ord. No. 80, Art. V, § 16(5-16-2), 12-15-86; Ord. No. 240, § 21, 7-25-95; Ord. No. 259, § 27, 11-12-96; Ord. No. 377, § 109, 5-24-04) Sec. 20-813. Permitted accessory uses. The following are permitted accessory uses in an "IOP" District: (1) Automotive repair shop. (2) Day care center. (3) Parking lots and ramps. (4) Signs. Retail sales of products stored or manufactured on the site provided no more than 20 percent of the floor space is used for retail sales. (Ord. No. 80, Art. V, § 16(5-16-3), 12-15-86; Ord. No. 93, § 1, 7-25-88; Ord. No. 377, § 110, 5-24-04) Sec. 20-814. Conditional uses. The following are conditional uses in an "IOP" District: (1) Contracting yards. (2) Day care centers as part of a multitenant building. (3) Day care centers as a separate facility. (4) Food processing. (5) Home improvement trades. (6) Hotels and motels. (7) Lumber yards. (8) Motor freight terminals. (9) Outdoor health and recreation clubs. (10) Screened outdoor storage. (11) Research laboratories. (12) Reserved. Supp. No. 3 CD20:142 ZONING § 20-815 (13) Commercial towers as regulated by article XXX of this chapter. (14) Electrical distribution and underground electric distribution substations. (Ord. No. 80, Art. V, § 16(5-16-4), 12-15-86; Ord. No. 97, § 1, 10-24-88; Ord. No. 120, § 4(12), 2-12-90; Ord. No. 259, § 28,11-12-96; Ord. No. 377, § 111, 5-24-04; Ord. No. 390, § 5, 3-14-05) State law reference—Conditional uses, M.S. § 462.3595. Sec. 20-815. Lot requirements and setbacks. The following minimum requirements shall be observed in an "10Y' District subject to additional requirements, exceptions and modifications set forth in this chapter: (1) The minimum lot area is one acre. (2) The minimum lot frontage is 150 feet, except that lots fronting on a cul-de-sac shall have a minimum frontage of 60 feet. (3) The minimum lot depth is 200 feet. (4) The maximum lot coverage is 70 percent. (5) Off-street parking shall comply with district setback requirements except: a. There is no minimum setback when it abuts a railroad right-of-way, except as provided in chapter 20, article XXV, division 3 pertaining to landscaping requirements. b. There is no minimum setback when it abuts, without being separated by a street, another off-street parking area. C. The minimum setback is 50 feet when it abuts a residential district without being separated from the residential district by a street or railroad right-of-way. d. The minimum setback is 25 feet for side street side yards. e. Parking setbacks along public rights-of-way may be reduced to a minimum of ten feet if the applicant can demonstrate to the satisfaction of the city that 100 -percent screening is provided at least five feet above the adjacent parking lot. The intent of this section is that the city is willing to trade a reduced setback for additional landscaping that is both an effective screen and of high quality aesthetically. Acceptable screening is to be comprised of berming and landscap- ing. Screening through the use of fencing is not permitted. (6) The maximum height is as follows: a. For the principal structure, four stories/50 feet. b. For accessory structures, one story. (7) Minimum setback requirements: a. For front yards, 30 feet. b. For rear yards, ten feet. C. For side yards, ten feet. Supp. No. 3 CD20:143 § 20-815 CHANHASSEN CITY CODE d. The minimum setback is 50 feet when it abuts a residential district without being separated from the residential district by a street or railroad right -of --way. e. Buffer yards: The city comprehensive plan establishes a requirement for buffer Yards. Buffer yards are to be established in areas indicated on the plan where higher intensity uses interface with low density uses. In these areas, a 50 -foot buffer yard is to be provided where the interface occurs along a public street, a 100 -foot buffer yard is required where the interface occurs on internal lot lines. The buffer yard is an additional setback requirement. It is to be cumulatively calculated with the required setbacks outlined above. The full obligation to provide the buffer yard shall be placed on the parcel containing the higher intensity use. The buffer yard is intended to provide additional physical separation and screening for the higher intensity use. As such, they will be required to be provided with a combination of berming, landscaping and/or tree preservation to maximise the buffering potential. lb the extent deemed feasible by the city, new plantings shall be designed to require the minimum of maintenance, however, such maintenance as may be required to maintain consistency with the approved plan, shall be the obligation of the property owner. Buffer yards shall be covered by a permanently recorded conservation easement running in favor of the city. In instances where existing topography and/or vegetation provide buffering satisfac- tory to the city, or where quality site planning is achieved, the city may reduce buffer yard requirements by up to 50 percent. The applicant shall have the full burden of demonstrating compliance with the standards herein. (Ord. No. 80, Art. V, § 16(5-16-5), 12-15-86; Ord. No. 94, §§ 1, 7, 7-25-88; Ord. No. 136, §§ 1A, 113, 1-28.91; Ord. No. 451, § 8, 5-29-07) Sec. 20-816. Interim uses. The following are interim uses in the "IOP' District: (1) Churches. (2) Concrete mixing plants. (Ord. No. 120, § 3, 2-12-90) Secs. 20-817-20-900. Reserved. Supp. No. 3 CD20:144 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly swom, on oath deposes that she is and was on August 6, 2009, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for the Autobahn Motorplex Site Plan Amendment — Planning Case 09-13 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this day of 2009. Notar Public aa!!n 3: I KIM T. MEUWISSEN W, - 4� € Notary Public-Minnescta My Commission Expires Jen 3/, 2010 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, August 18, 2009 at 7:00 P.M. This hearing may not start until later in the evening, depending on the order of theagenda. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Request for a site plan amendment on property zoned Industrial Request for a site plan amendment on property zoned Industrial Office Park IOP — AUTOBAHN MOTORPLEX Applicant: Bruno Silikowski Property 8200 Audubon Road Location: A location map Is on the reverse side of this notice. A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: public hearing through the following steps: 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses 4. Public hearing is closed and the Commission discusses the project. the project. If you want to see the plans before the meeting, please visit If you want to see the plans before the meeting, please visit the City's projects web page at: the City's projects web page at: www.ci.chanhassen.mn.us/serv/Dlan/09-13.html. If you wish to www.ci.chanhassen.mn.us/sere/Dlan/09-13.html. If you wish to talk to someone about this project, please contact Robert Questions & Generous by email at baenerous@ci.chanhassen.mn.us or by Comments: phone at 952-227-1131. If you choose to submit written phone at 952-227-1131. If you choose to submit written comments, it is helpful to have one copy to the department in comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available Commission. The staff report for this item will be available online on the project web site listed above the Thursday online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation, These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerciauindustdal. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokespersonlrepresentative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, lease contact the Planning Stall person named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, August 18, 2009 at 7:00 P.M. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for a site plan amendment on property zoned Industrial Proposal: Office Park IOP — AUTOBAHN MOTORPLEX Applicant: Bruno Silikowski Property 8200 Audubon Road Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: W What Happens Wthe 1. Staff will give an overview of the proposed project. at Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/sere/Dlan/09-13.html. If you wish to talk to someone about this project, please contact Robert Generous by email at baenerous@ci.chanhassen.mn.us or by Questions & phone at 952-227-1131. If you choose to submit written Comments: comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Welland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council, The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerciallindustrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Plannino Stall person named on the notification. ALAN M & TERESA Y JOHNSON ALFRED A IVERSEN PMT ANDREW G & JANET A RICHARDSON 8286 STONE CREEK DR CORPORATION 1767 SANDBAR CIR CHANHASSEN MN 55317-7414 1500 PARK RD WACONIA MN 55387-1068 CHANHASSEN MN 55317-8200 AUTO ENVIRONMENTS LLC 10261 YELLOW CIRCLE DR MINNETONKA MN 55345-9112 BRUCE M & KANDREA D JELLE 1927 CREEKVIEW CT CHANHASSEN MN 55317-7418 CHAN CONGR JEHOVAHS WITNESSES C/O BRETT HARDY 2920 FAIRWAY DR CHASKA MN 55318-3416 CHRISTOPHER N & PAIGE M GILES 8180 STONE CREEK DR CHANHASSEN MN 55317-7416 DANIEL J & GW EN M MICHAEL 1944 CREEKVIEW CT CHANHASSEN MN 55317-7418 DAVID A STOCKDALE & JANE K ANDERSON 7210 GALPIN BLVD EXCELSIOR MN 55331-8058 AUTOBAHN MOTORPLEX LLC 3615 ZIRCON LN N PLYMOUTH MN 55446-2878 BUILDING MANAGEMENT GROUP LLC C/O CONTROL PRODUCTS 1724 LAKE DR W CHANHASSEN MN 55317-8580 CHANHASSEN MOTORPLEX LLC 480 BIGHORN DR CHANHASSEN MN 55317-8801 CHRISTOPHER T & BRENDA M BERG 8269 STONE CREEK DR CHANHASSEN MN 55317-7414 DANIEL NORMAN PFEIFFER 1950 BLUFF VIEW CT CHANHASSEN MN 55317-7421 DAVID W & SHEILA AUGUSTINE 2000 STONE CREEK DR CHANHASSEN MN 55317-7410 EQUITABLE HOLDING CO LLC ATTN FRANK GUSTAFSON JOSEPH NOVOGRATZ 1165 SYMPHONY LN EDENEQUITABLE DR EDEN PRAIRIE MN 55344-3696 CHASKA MN 55318-4590 GREG D & BETH M MEISEL 8141 STONE CREEK DR CHANHASSEN MN 55317-7416 HARLEY E BERGREN 8104 HIGHWOOD DR #G108 BLOOMINGTON MN 55438-1087 AUTOMOTIVE ENTHUSIASTS LLC 19018 VOGEL FARM RD EDEN PRAIRIE MN 55347-4199 CHAD E & LINDA S NELSON 8135 STONE CREEK DR CHANHASSEN MN 55317-7416 CHRISTOPHER D DRAZAN 4612 OAK DR EDINA MN 55424-1533 CLYDE H STEPHENS III 8348 STONE CREEK DR CHANHASSEN MN 55317-7417 DANIEL R & DONNA L HERNANDEZ 8289 STONE CREEK DR CHANHASSEN MN 55317-7414 ELIZABETH PROVINZINO & JOSEPH ANGELO PROVINZINO 1947 CREEKVIEW CT CHANHASSEN MN 55317-7418 GLEN P & REBECCA A GAUERKE 8181 STONE CREEK DR CHANHASSEN MN 55317-7416 HAROLD E & BEVARD M SCHRUM 8297 STONE CREEK DR CHANHASSEN MN 55317-7414 HASSE PROPERTIES LLC HERAKLES LLC HIGHLAND DEVELOPMENT LLC C/O 21750 CEDAR AVE S 8345 COMMERCE DR DAVID OBEE LAKEVILLE MN 55044-9094 CHANHASSEN MN 55317-8427 5550 ZUMBRA LN EXCELSIOR MN 55331-7714 JAMES L & ROBERTA A CRAIG JEFFREY L WALKER & CAREY J JEFFREY M STOEBNER 10008 SOUTH SHORE DR BECKER 815 WESTON RIDGE PKWY PLYMOUTH MN 55441-5011 4088 135TH ST W CHASKA MN 55318-1294 SAVAGE MN 55378-2644 JEFFREY W & LYNN S T HEITNER 8161 STONE CREEK DR CHANHASSEN MN 55317-7416 JOSEPH M & CAROL STOEBNER TRUSTESS OF JM STOEBNER TRUST 18803 BEARPATH TRL EDEN PRAIRIE MN 55347-3460 LDW PROPERTIES LLC C/O DAYCO CONCRETE CO 1850 LAKE DR W CHANHASSEN MN 55317-8585 MARK A WELCH 15269 HIGHLAND BLF MINNETONKA MN 55345-3600 MATTHEW WRIGHT & ANN WRIGHT 8126 STONE CREEK DR CHANHASSEN MN 55317-7416 JMS HOLDINGS LLC 815 WESTON RIDGE PKWY CHASKA MN 55318-1294 JZ LLC 7506 ERIE AVE CHANHASSEN MN 55317-7903 LEIGHTONS GARAGE INC 14301 W 62ND ST EDEN PRAIRIE MN 55346-1708 MARK J CARLSON & ROBERT K WALD 8330 COMMERCE DR CHANHASSEN MN 55317-8426 MCGLYNN BAKERIES INC #366 C/O GENERAL MILLS TAX DEPT PO BOX 1113 MINNEAPOLIS MN 55440-1113 MICHAEL J & DARLENE M LEONARD MICHAEL S HENRY TRUSTEES OF TRUST 8401 STONE CREEK DR CHANHASSEN MN 5533117-7416 8129 STONE CREEK CHANHASSEN MN 55317-7422 NANCY L REDDEN 8345 STONE CREEK DR CHANHASSEN MN 55317-7417 ONAPPROACH LLC 3455 PLYMOUTH BLVD #200 PLYMOUTH MN 55447-1551 NATHAN & SARA EXSTED 8400 STONE CREEK DR CHANHASSEN MN 55317-7422 PALATINE HILL FINANCIAL LLC 6009 SHANE DR MINNEAPOLIS MN 55439-1759 JON S & LORI A DAY 8229 STONE CREEK DR CHANHASSEN MN 55317-7414 KEVIN FREELAND 10590 BLUFF RD EDEN PRAIRIE MN 55347-5012 MAC INVESTMENTS-CHANHASSEN LLC PO BOX 5477 HOPKINS MN 55343-5477 MARTIN L & LYNNE M MODAFFARI 8151 STONE CREEK DR CHANHASSEN MN 55317-7416 MGAT LLC 7935 STONE CREEK DR #140 CHANHASSEN MN 55317-4610 MMR ENTERPRISES LLC C/O ROBERT C MAGERS 4812 WOODHILL RD HOPKINS MN 55345-4744 NELSON & GRETCHEN OTTO 2500 SYLVAN RD S MINNETONKA MN 55305-2815 PARK AVENUE LOFTS LLC 510 1 ST AVE N #500 MINNEAPOLIS MN 55403-1623 PETER & LEAH SWARTZBAUGH RANDAL B TOFTELAND & LAURINA L RANDY & KATE MORONEY 8369 STONE CREEK DR TOFTELAND 8384 STONE CREEK DR CHANHASSEN MN 55317-7417 8325 STONE CREEK DR CHANHASSEN MN 55317-7417 CHANHASSEN MN 55317-7417 RETAIL TECH LLC RICHARD B BURY TRUSTEE OF R B RICHARD C & ARNETTE M LINDEEN 1501 PARK RD BURY TRUST 28005 BOULDER BRIDGE DR CHANHASSEN MN 55317-9520 4175 TRILLIUM LN EXCELSIOR MN 55331-7961 MOUND MN 55364-7730 RICHARD C & LISA N HART 8249 STONE CREEK DR CHANHASSEN MN 55317-7414 ROBERT & KRISTIE KROWECH 6576 TANAGER LN EDEN PRAIRIE MN 55346-1814 SANDRA JHOUCK 8372 STONE CREEK DR CHANHASSEN MN 55317-7417 SOODI PESSIAN 8381 STONE CREEK DR CHANHASSEN MN 55317-7417 T2 LLC 21750 CEDAR AVE S LAKEVILLE MN 55044-9094 RICHARD M GORRA 8201 STONE CREEK DR CHANHASSEN MN 55317-7414 ROBERT W & ROBERTA L LAWSON 2041 RENAISSANCE CT CHANHASSEN MN 55317-9679 SARA K WELCH 15269 HIGHLAND BLF HOPKINS MN 55345-3600 STEVEN & TISHA HAWKES 8162 STONE CREEK DR CHANHASSEN MN 55317-7416 THE PILLSBURY COMPANY C/O GENERAL MILLS TAX DEPT PO BOX 1113 MINNEAPOLIS MN 55440-1113 RIVERS EDGE PROPERTIES LLC 9901 RIVERVIEW RD EDEN PRAIRIE MN 55347-5207 S & S AUTO & TRUCK REPAIR INC 11355 EXCELSIOR BLVD HOPKINS MN 55343-7477 SCOTT ALAN JESSE & NICOLE CHRISTINE JESSE 8198 STONE CREEK DR CHANHASSEN MN 55317-7416 SWIFT COUNTY 153 PARTNERSHIP 7892 AUTUMN RIDGE AVE CHANHASSEN MN 55317-8447 THOMAS M HAYES 2425 GRAYS LANDING RD W AYZATA MN 55391-2300 THOMAS P & SANDRA J OPHEIM TIMOTHY F & LYNN M GOSSFELD TK NORTH LLC 8305 STONE CREEK DR 8377 STONE CREEK DR 4345 TRILLIUM LN W CHANHASSEN MN 55317-7417 CHANHASSEN MN 55317-7417 MINNETRISTA MN 55364-7713 Chanhassen Planning Commission — August 18, 2009 AUTO MOTORPLEX SITE PLAN AMENDMENT: REQUEST FOR AMENDMENT TO SITE PLAN PERMIT 2006-23. APPLICANT: BRUNO SILIKOWSKI, PLANNING CASE 09-13. Generous: Thank you Mr. Chairman, commissioners. This is an amendment to an approved site plan located at 8200 Audubon Road. The amendment is to permit the inclusion of decks on the exterior of these storage facilities. It's planning case #09-13. Audubon, or Auto Motorplex, they've changed their name since the original came through, is a condominium style development where individuals buy units and belong to this association. As part of the development they have a club house, museum building located on the, in the central portion of the site but on the east side of there's a large open space on this property. The intention of the facility is to permit high end car owners to be able to store and work on their cars and be around other car enthusiasts. That was part of the original promotion of this site. At that time they were talking about having the club house and the museum where the members would meet and they were having to also talking about events where they'd have the cars come in and little shows on the site and this development has been evolving from the original approved site plan and right now the developer, or the owner is requesting that we amend the site plan to allow them to put two types of decks on this site. The D decks are the larger decks. They can be anywhere from 8 to 14 feet projecting out from the building and they would be on the side of the building so they could be just that one unit or someone could buy two units and they could go along the whole end. That would be located on the west side of one existing building and on the north sides of four buildings, two of which are there and two of which would come in the future. On the west side of the property these are unbuilt buildings. They would have smaller 6 foot wide decks. Part of that expansion there would also the developer would like the option to allow them to have roofs. The questions we have for the Planning Commission, ultimately City Council, is this expansion or extension of the use consistent with what was approved for the development and the use of it as a storage facility. Now when you come into the site, this is looking down, you can see the background. There's the Stone Creek development across the open space. This is approximately a quarter mile away from the club house building. I should say on that first one, on the north side of the building that would be one of the areas for one of the decks to be located. And additionally along that whole edge. Yeah, there's a door already there and I think they have a nailing strip on. But we held them up from going forward for Planning Commission and City Council review and approval of that as being consistent or not. Again as you're looking down this site is lower than the easterly portion of this site. Those are the two additional buildings locations that will develop in the future and they're on, building that one building on the left side. You can just see the middle of it. There's a small area where they put some balconies. Now we've made the distinction a balcony is treated more as an architectural feature. It adds interest to the site. It allows them to step out of their unit and look down at the cars below or the activity, but it doesn't provide a real space for them to sit down and have a social gathering. Also they're adding windows which have improved the looks of the building that they're still maintaining. The individual units are for storage so they can work and store their vehicles. Over time they've added mezzanine levels and little office and meeting areas and they're becoming more a social gathering spot for the owners. Now it was sort of implied originally but we always thought that the gathering spot would be at the club and not in the individual unit. However if you ever had a garage you invite your friends in. You look at your car and so that's what we thought would happen. These are becoming high amenity spots and so again we want to bring it 1 Chanhassen Planning Commission — August 18, 2009 back to the Planning Commission and City Council to see if that's appropriate in this location. So, and then we'll just continue the tour of the facility. Here's another view on the other side of that opening. These are little unfinished balcony areas. They have some wrought iron rails that go around it and we think they improve the look of this site. Then you can see how the building architecture has been improved through the use of those fenestration and that and then you go onto the next one. Now this is one of the first buildings that were built and you can see there's not a whole lot of detail on it. It's consistent with the approved site plan but you only have one little window on the end of the unit and so they've been, like I said, it's been evolving with architectural detail and what the condominium buyers want in their units. So if we go onto the next one. Now this is part of their common area. It's the club house/museum buildings. There's a little deck, bridge way that provides an entranceway into this common gathering spot and then out in front they also have the green space. On the next one you can see they've really done a good job with the architecture on this building. One of the concerns that they add a lot of the glass for the building to give it a nice presentation and this is again the club house building. The next one. Now that's the back side of it. Again they put in that balcony area where they can come out and look down on the group but it's not really a place where you can put chairs and tables, but underneath there's a big concrete area and they have tables and chairs and a grill out there for their members to use. And if you go, that's the end of the unit and the club house building. I think that's actually part of the unit for Bruno, the owner of the development and again he has a little balcony on the end of it but to overlook the activity that's going on but not to create the habitable spaces. If you can go onto the next one. Now this is the end of the most westerly building that's out there and they want to put a deck on that and they actually came in for the permit for that deck and that's, this is where we caught it and said stop. We need to go back through the process and see if this is going to be appropriate. Laufenburger: So Bob just to clarify. The balconies, the smaller units, the smaller out croppings that you call balconies, some of those are already in place. Generous: Correct. Aanenson: Right. That's a good point and I guess the original treatment of those were architectural details as opposed to functioning as a gathering place and that's where we just want some clarity on that. Laufenburger: Okay. Generous: Yeah, most of they are limited to 3 feet in width so you don't really get a lot of space that you can use. Our code actually addresses it as an architectural feature similar to bay windows. Laufenburger: Okay. Doll: And these are on the mid level where the header board is underneath that sliding door, is that? 2 Chanhassen Planning Commission — August 18, 2009 Generous: Yes. And then this is just a court yard area of the club house and again this is what we always thought would be the primary meeting spot. Laufenburger: Okay. Generous: And then here's an example what's in the report of the idea that he would like to be able to put that roof over the 6 foot deck areas that they're proposing on the B decks, which would be on the western side of the property. While it does add some architectural interest, our concern is that once it's there then the next step is to enclose it and is that also consistent with that. With the evolution of this use as a storage site for the car enthusiast. So I did do an analysis of the distances from the, this development to the closest house to the west. The most westerly building in the future would be about 675 feet from the nearest home. As I said earlier the existing buildings out there are almost a quarter mile away. It's 1,510 feet and 1,550 feet to the club house so there is quite a bit of separation between this and the residential development across the Bluff Creek corridor. So with that we have provided two alternatives. One is to approve the site plan amendment to allow them to use the decks. We did have a condition that they could not put the roof in there but if you believe that was appropriate you could always delete that condition. Or if you don't believe that this is a natural evolution of the, from the storage site, then you can deny the use of decks on the property. With that I'd be happy to answer any questions. Laufenburger: Alright, thank you Bob. Let's see if we have any questions for staff before we ask for the applicant. Mark, do you have any questions? Undestad: Yeah, just one Bob. On the deck structures, the enclosed, I see in one of your conditions that we approve it here, no glass, screen, walls, that kind of stuff. Could you put in there just you know no enclosure? In other words can't enclose it period but the roof structures if, you know to keep the rain and stuff off. Generous: Well that would be an option, yes. Undestad: Alright. I don't have any other questions. Laufenburger: Thank you Mark. Kevin. Do you have questions? Dillon: So like in terms of the would the decks be consistently applied across the building? I mean would they be evenly spaced and would, or would they be kind of a hodge podge of decks? Generous: I wish Bruno was here. Aanenson: He's here. Generous: Well it's more up to the individual tenant whether they would build it or not. It adds cost to the unit so. Undestad: But they're limited to the those locations. Chanhassen Planning Commission — August 18, 2009 Generous: To those locations. Aanenson: Yeah, these are the ones that we've outlined so depending on the individual buyer, and they could change over time. One buyer could change it out and somebody else have a different. Laufenburger: Maybe we'll reserve that question for the applicant. Is that okay Kevin? Dillon: You bet. So then what, you mentioned Bob that you're concerned about they becoming enclosed but what's, I mean what's the down side to the City and the people that are at the closest 675, what's the down side to all of this? I'm not sure if that's coming through why there's a concern. Aanenson: Well I think the issue that the staff had is, when this was presented it was storage units for cars. Now they've become a lot more than that. And I'm not saying that's good or bad. You know it's been very successful and that's great, but I don't want, and you know they're policing it and I think the applicant will talk to that themselves, how the association polices what's going on in there. We just don't want to be 3 years down the road and someone say well how did all of this get on there? You know we thought we were doing architectural enhancements and now it's kind of moved to the next level and we just want to make sure everybody's comfortable with the direction it's going because you know to his credit, it's gone very successfully but we want to make sure that everybody's comfortable with how it's being used and what's going on out there. Dillon: Okay. And how about a house that you know was built but they didn't put the deck on it at the beginning and they, would that be treated differently than this? Aanenson: Well this is the only storage unit that I'm aware of that has balconies off them. That's the question. Are you comfortable with that? And if you are, then great. But I just want to make sure everybody's comfortable that we don't have any storage units I'm aware of in the metro area like this and that's to the applicant's credit. It's different and we want to make sure everybody's comfortable with that but we don't normally have storage units with balconies and the stuff that's inside those right now. It's just very different. We want to make sure everybody understands how it's being used and is comfortable with that. That's really the goal. Dillon: Okay, those are all the questions I had for now. Laufenburger: Alright. Dan, how about you? Keefe: Yeah you know, and I'm not quite sure what the concern is. I think you know, on one hand I think it is expansion of sort of the permitted space if it were enclosed I think would be you know potentially an issue. I think if we have something that was sort of an expansion of this and went sort of further beyond the boundaries of which were originally set as an enclosed space, I think I'd have a problem with that. Having said that, having a balcony which would be on the 0 Chanhassen Planning Commission — August 18, 2009 second story I presume or a deck which I presume or at grade level. Is that where we're talking about the balconies are elevated and the decks. Generous: The decks would be at the second. Keefe: Okay so, okay the deck is like a second floor, it's just larger? I'm not sure. Generous: Well yes. They'd be expanding usually, in some of these units they have a mezzanine level and this would provide an outdoor space for that level. Keefe: Right. Okay. Yeah, I guess I kind of look at these as condominiums that you just happen to store cars in, okay. That's kind of the way I think of them and so if I think of it as just having an extra outdoor space out there that you want to go out and I don't know, have a Coke or beer or whatever, I guess I don't have that big of a problem with it. To the extent that you enclose it, then I think you're really expanding the footprint of the building which I'm not sure that was the intention. I'm just kind of talking out loud a little bit here. Laufenburger: Okay refocus you. Do you have any questions for what the staff has prepared in terms of the report? Keefe: The use of the decks and the balconies, do we know what they're going to be used for? Anything? Just social purposes? Aanenson: I believe so Generous: Enjoy the views and. Keefe: Yeah. I presume that the houses across the pond have decks and balconies on them to enjoy the pond amenities. The club house gets used? I presume. They still have gatherings there. I mean. Generous: Yes. They even have a grill there and some tables outside. Keefe: And the operating hours associated with, are applicable to what? Aanenson: Herein lies the, now this is where staff was going with this because I think the neighborhood felt comfortable with the storage units. Keefe: Yes. Aanenson: Okay. And we understand there's a club house, okay but now we're crossing over into that, and we haven't received any calls on this so you know it's all about being good neighbors, as with anything, but when you talk about how, your expectation of how the use is being done, and really that's what this is about. It's just trying to get disclosure on how it's being used and not, you know make sure everybody's comfortable with that because I don't think, we didn't envision, I'm not sure the applicant envisioned patios coming off the mezzanine 5 Chanhassen Planning Commission — August 18, 2009 when this came through, you know. Yeah, so we just want to go back and revisit. Let everybody know where it's going so someone could say we never knew. Well we're making that public now. This is an opportunity to make it public and they had a chance to comment. If you approve it. Keefe: So but they're operating hours on this facility aren't there? I thought it was. Aanenson: Well somebody could be there all night. Yeah. Generous: For the facility it's 7:00 to 8:00 but an individual tenant user could be there 24 hours. Keefe: Okay. Generous: The building code provides all the fire safety control that you could need for that. Keefe: Right. I'm a little confused on the operating hours. Does that limit what can go on in the museum portion? Generous: Yes, more of that. The common space. Keefe: Yeah. Generous: Any events that they would have. Keefe: Right, okay. Generous: Would be limited to those hours. Keefe: Okay. Generous: But the individual, or you know the club's meeting, things like that Keefe: So there's potential. So maybe this is one of the issues is there's potential if you have a balcony or a deck, you could have a party at the museum and have a big gathering at the museum and it kind of shut down in a certain time frame because of the operating hours of the overall facility, presumably? But somebody individual now, if they've got a very large deck and because they own that unit could go all the time or is that? Aanenson: Right. Keefe: Okay. Aanenson: Again that's part of the self policing that I think you should talk to the applicant how they would manage that, yeah. Keefe: That's all I have Gi Chanhassen Planning Commission — August 18, 2009 Laufenburger: Kathleen, any questions for staff? Thomas: Yeah, you touched on it a little bit. I mean I know when this first came through, I remember the first time we had people here from the housing development and there was a lot of discussion back and forth about this being built originally, so no one has, I mean I didn't see anything in the packet as like anybody sent an email or anything. No one said anything about what could possibly be going on over there? Generous: The only question I remember was are they expanding into the wetland and we said no. They just want to include these decks, and oh, okay. Thomas: Okay. So, well that was just kind of my question because I was kind of trying to gauge how, you know if they just feel like they lost and so they're not going to push it or question or what so. Okay. Laufenburger: Okay. Tom, any questions of staff? Doll: I was along that same vein as to, do the neighbors care or is it a concern for the neighbors as far as noise. Future noise. Possible noise but it doesn't sound like there is so. Dillon: They don't seem too spun up about it. Doll: No. Thomas: Not this time, no. Laufenburger: So I just, my only question, if I may is, you're classifying this as an amendment to the site plan so this is, it's not a variance. Aanenson: No. Laufenburger: It's just, you're recommending, or you're offering up the possibility that how the site plan is defined but for it's use and what can and cannot be built on that site, that's what you're essentially presenting. Aanenson: Yeah, and I think part of it too is that out of the first hearing there was a certain expectation, and it's evolved, and I'm not saying it's bad. It's just evolved and I want to give everybody an opportunity to understand that evolution and that they're comfortable with it before we go ahead, so. Laufenburger: Okay. I think it's important that we recognize that whereas we can make decisions about what is built on the site, we are not in a position to make a decision on what can or cannot be done on the site. If they, for example if they wanted to have, if somebody wanted to have a party in their condominium, consume alcohol, anything like that. Chanhassen Planning Commission — August 18, 2009 Aanenson: Correct. That's correct. Laufenburger: That we have no control over that. The only thing that we can influence is, what we allow to be built on the site. Aanenson: That's correct. Generous: Correct, unless they under the zoning they try doing different businesses. The retail prohibition. Laufenburger: Okay. No further questions for staff. Let's see if there's an applicant that would be. Undestad: Denny? Laufenburger: Tom, go ahead. Doll: You were saying that it was, we can approve or not, or disapprove of a deck structure or add a roof or you know, how do we word that you know or take a vote on something like that because you know, to me this is Minnesota and I you know, screens are nice to have on a deck. mean a roof is nice to have on a deck. I mean why would you limit it to just a deck and not? Aanenson: That's your choice. You can certainly. Doll: But how do we as the Planning Commission come upon wording that would, we could vote on? Laufenburger: Procedurally. Dillon: In addition to that, how big should the deck, the square footage of the deck. Is that stated in the thing too? Aanenson: Yes. Generous: Yeah, the projection out and then it varies by how much of a unit a person. They could buy the whole building and put one along that entire side. Usually it's the other fenestration they provide that limits the size of... They don't want to cover up their windows. Laufenburger: Tom, I think to answer your question. Procedurally there will be a time where I will entertain a motion. At that time that motion can be worded as however the commissioner would like to word that motion. You have a couple options here but as we've heard from the staff we could change that and we have done that in the past so procedurally we as a commission likely will evolve to that but what we think is the appropriate motion. Doll: Okay. Chanhassen Planning Commission — August 18, 2009 Laufenburger: Okay, we do have an applicant present. If so, would you step to the podium and state your name and address please. Bruno Silikowski: I don't think I'm going to be able to plug this in so I'm just going to have to use your presentation. Bruno Silikowski. My address is 3615 Zircon Lane, Plymouth. Laufenburger: And are you the owner or the manager? Bruno Silikowski: Owner and developer, yeah. I hate to disappoint you guys but we're a bunch of 40-50 year olds that go home at dinner time and don't stay out all night and play. I think what you're going to find when I go through a few points here is, this is a you know has turned out to be a way higher end than I anticipated. The use is consistent with exactly what I had presented early on. It's just that the types of people who have been joining us tend to be a little more affluent and want the niceties and even though they may not use the deck or the balcony, they just want to have it. And if they use it 5 minutes out of a month, that may be enough. Maybe use it 2 hours out of a month, I don't know, but we've yet to have an issue where we had any complaints from neighbors. In fact we've been having neighbors coming over during our events and complimenting us on how things have turned out from the standpoint of architecture. Standpoint of being a friendly neighbor. And in fact even Jim Olson has commented that he can't believe that there's been not a complaint so, so far it's been going good and I expect us to continue to go that route. Kate had mentioned. Laufenburger: Just for the record, is this the Jim Olson that we know affectionately as the sheriff? Bruno Silikowski: Yes. Laufenburger: Thank you. Bruno Silikowski: Well we hire the sheriff's department to help us at the events to be able to make sure things go smoothly and the, our fire, Mark Littfin, the Fire Marshal comes out and has also been very complimentary. Shows up at our events. Many of the city employees in fact come out and they enjoy it so it's been a really a good thing and a real creative thing for the city from what I can see, and I hopefully others, everybody else is seeing it that way. The, so just maybe a couple of quick top points. It's gone better than expected. I mean I really didn't expect us to do as well as we did our first year. We've been about a year and a half now into it and what you see built, and I think you've seen some of the pictures, we're 93% sold already and I think a lot of that has to do with the fact that we are building in a really high quality and high security fashion and people recognize that value, and are coming towards us. hi fact so much so that again people are starting to want to build, or add some amenities to their properties, which of course I think you all know helps the tax base as well. In fact this is maybe another quick point to make. If we didn't do what I was doing, the business that was planning on coming behind me, which is a cold storage, probably would have done about well 3-4 million dollar investment. You know we're going to be about 22 million dollars on the ground, so we're roughly, if you look at the tax rate differences, we're still about 3X of the tax, property tax give back versus you know an alternative so from that standpoint I think that's creative. We also bring a high number Chanhassen Planning Commission — August 18, 2009 of relatively affluent people who come in. Spend money. Order food. Pizzas are always being delivered at our place to you know grab a bite to eat before, or sandwich, before they take off, so a lot of that stuff has been real positive. What they've been looking for are these niceties and this is how the whole thing kind of got started. Why are we here? Couple of my clients basically asked hey, I'd like to build a nice little deck just to be able to sit out and look at the natural view. In fact Bob if you don't mind going to the ones that shows by the General Mills. I mean the short of it is, can you show the pictures that I sent you Bob? Do you have that? Generous: They're not on this slide, no. Bruno Silikowski: Can you retrieve your email by chance? I sent you a copy of something. Well look, it's not important but the point is I was trying to make is, the view is looking straight out at General Mills. There's not even a house in sight from where they're planning on putting those decks. Laufenburger: So it's a view to the north. Bruno Silikowski: It's a view to the north and that's, Bob. Sorry. Aanenson: It's in their packet. Bruno Silikowski: Great. Well if you can glance at the packets, but it would be the buildings, if you look at, Bob on the site plan. Remember I kind of highlighted where the decks might go. Generous: Yes. Bruno Silikowski: Can you go there? Aanenson: That's the one I was on, yeah. Bruno Silikowski: Yep. So if you look at the ones that are, I guess it would be called D. Up on the screens. Those are the ones that are headed to the north and only those, the ones call D, allow for a little bit larger. In other words there's a natural limitation onto it because once you get above 12 to 14 feet, now you're starting to talk about some serious amount of engineering that has to go on to build a whole deck up, so it's really going to be self limited and the architectural requirements that we have within our by-laws actually are self governing as well. We require everyone to follow a standard so that the look is consistent and the look is the high quality. We require a structural engineer to design and have signed off. We require the City to, we require them to get a permit from the City so there's a whole lot of check points along the way to make sure that it's done right. It's done consistently and it's done professionally. I don't know how much you guys want me to go on but we've done like I said, I've done pretty well with this whole thing. The question that I have for you is just can you support us? I mean bottom line is we've done well but I'm not kidding myself. This is a challenging environment. The economy is really hurting a lot of people. We happen to be doing pretty good, which is good for us but there's a reason why and we focused on the right kind of trigger points for people to be, why they bought. I've got two guys who bought into that one building. The first arrow on 10 Chanhassen Planning Commission — August 18, 2009 that north thing there. They're actually pretty angry with me because they think that they can't build a deck and that's why, the whole process got started and I asked Bob, I said Bob what do we need to do to, and I talked to Todd and talked to Kate. Just said what do we need to do to sort of clarify things and I did ask questions because we know, you know frankly precedence is there. We have a deck that connects between those two buildings. We have 6, what we're calling balconies, and so the precedence is there so I was kind of, kind of a little bit blind sided when I heard the City say no. That's, you know we're going to do a gut check here and so that's why I'm here and that's why we're kind of going through a process but you know don't look at this, well you need, I guess the thing I'm asking you to look at is this is a natural evolution of a high quality product. We're adding some amenities that have been extremely creative to the look. The architectural features and also is allowing me to continue to be successful in a, I think what I consider to be extremely difficult economy. So that's kind of the big picture. If there's any questions or, be happy to. Laufenburger: Ahight. Would you just wait for a second. I think we may have some questions. Bruno Silikowski: Yep. Laufenburger: Mark, let's start with you. Do you have any questions for the applicant? Undestad: Yeah. The discussion about the enclosing on there. Is that, do you think that would be an issue for your clients out there if it was. Bruno Silikowski: No. I just don't see it. Undestad: They don't need them? I mean if there was language in there that said no, you can't enclose these things. Bruno Silikowski: No, I mean we have got so much wind coming off of that open area. There's no bugs. There just isn't any so what reason would you have to enclose it? Bob, do me a favor. Go to that last picture that I showed the ones with the roof over the top. That, I wanted to highlight that because that's actually a commercial building over in Excelsior. It's Bayside Marina. If you're guys familiar with it and so, you know the look has got a high quality finish to it and that's kind of the look we're trying to create and one of the things that somebody asked, you know is this going to be better skelter? No. Every unit along those buildings, along those two buildings to the north will have that. That's me designing it. That's part of the way I'm going to sell the things. There are real stringent architectural controls that I have, because we want to kept he integrity of the campus in check, so to make a long story short and answer your question directly Mark, no. I couldn't, I couldn't even imagine that being an issue. Having a little bit of roof overhead does make sense. You know just from rain and things like that, and it looks architecturally very pleasing. Laufenburger: Anything else Mark? Kevin? Dillon: I didn't have any questions. You answered my questions about the consistency and the only, you know so I'm inclined to support you on this because I think I do get the big picture 11 Chanhassen Planning Commission — August 18, 2009 you're after but you know as we're talking we can modify these things. We might want to add the consistent look and feel in even though it says you're going to mandate. Well, we will too. Bruno Silikowski: Yeah. Yeah, and you know just a quick point. We've gone way beyond in terms of adding the architectural features, even than what we originally presented to the City and it's because we view that as beneficial, and it has helped us to develop a product that people want. Laufenburger: Okay. Dan, you have any questions? Keefe: Yeah just one. Your association rules, you know are you anticipating that they'll limit what you can sort of store out on the decks? Bruno Silikowski: Absolutely. Absolutely. Keefe: Right. Bruno Silikowski: Yeah, we have very, very specific rules about that. Keefe: One of my concerns, I don't have an exact view of you know, of sort of the viewpoints and visual points that you know somebody crossed you know the pond. Was looking out and they like what they see now but now okay now we've got balconies. Oh, there's a statute of something I don't like sitting out there, you know. Bruno Silikowski: Yeah, but I appreciate what you're saying. We're really sensitive to that kind of stuff. In fact we don't even let people leave their cars out overnight. Keefe: Yeah, right. Okay. Laufenburger: Kathleen? Thomas: I don't think I have any questions. I appreciate your trying to be a good neighbor to the neighborhood that's you know, that's around there and trying to do what you can do to ensure, everyone seems satisfied so I'm still thinking about it on the fence but you know we'll work through it. Bruno Silikowski: For what it's worth Kathleen we actually have two neighbors there have now joined us. Thomas: That's good to hear. Bruno Silikowski: Yeah. Laufenburger: Tom? 12 Chanhassen Planning Commission — August 18, 2009 Doll: I just congratulate you and the buildings are beautiful and I think it's a nice thing for the city to have a storage facility of that beauty I guess. Bruno Silikowski: Yeah, thanks. Doll: So I have no questions. Laufenburger: I do have a couple questions and comments. You said that you've been successful. It sounds like the success is determined by the response of your customers, isn't that correct? You said 93% occupancy. Bruno Silikowski: Absolutely. Laufenburger: Do you have people that, when you build more structure, do you anticipate that you'll have more people lining up there as well? Bruno Silikowski: Um yeah. In fact we've just completing one of the, it's about a, it's just under 17,000 square foot building and we're maybe a week away from completion and we've already pre -sold some of that. And then we have another building that the City hasn't seen yet but it's about, getting ready to be submitted for another building to be launched so yeah, and that's all driven by demand. I don't build, one of the things that we agreed on early on was this was going to be a phased approach because really it was a new concept around, not just here in the cities. We're talking about throughout the country. So it's a very different concept. We did the best we could in terms of anticipating what it would be like. We were pretty close but it's just gotten actually a little bit better I think in terms of the amenities and what people were looking for, so to answer your question is yeah. We're going to continue to build. It will be based on demand and I do think there's still a chance that I may add an additional building yet this year. Commission another building this year. If not then we'll probably launch 2 more buildings next year. Laufenburger: Okay. You spoke about unique concept. Is there anything like this anywhere else in the metro area? Bruno Silikowski: Well you know it's a derivative of a very, very basic concept and you know the storage condominiums have been around. These storage condominiums tend to be kind of the metal pole barn. They don't have any amenities. Don't have fire suppression systems. Don't have floor drains. Don't have water. Don't have any kind of really plumbing. They don't have, they have very minimal amount of electrical. In fact the ones that I'm aware of use an open flame or what they call an Resanor heater in these things and actually I, every common sense, you know gasoline and open flames don't mix. We went, and so if you look at their history over the past 5 years, and I won't name any names but over the past 5 years they actually had 2 buildings burn down because they don't have any way to stop a fire when something starts or some kind of incident happens. And we went the opposite direction. We focused on safety and security. All of our buildings are fire suppression. Not only in every garage but in every, all the rafters. We have floor drains. We have water. In floor heat. It's electric. It's very efficient. Over the blow heaters. You know I don't know if you, just as a quick point. It warms the 13 Chanhassen Planning Commission — August 18, 2009 objects so your vehicle stays warm. Not the air so it's a very efficient way of going about it and it's a great way for vehicle storage. You want lack of humidity in these things. So that. And then we look at the exterior structure. We use materials that are, that you find on luxury homes. Hardy plank. Stone. The only thing metal on our buildings are the roofs for 50 year roofs. We built it for high quality. Every building is Wi-fi'd which means all our cameras, security cameras, currently there's 34 of them up. We'll have 49 of them when we're all completed and it's all web based so you can be in the middle of China and literally check in on your possessions if you so choose to. Laufenburger: And obviously that's a valuable element of what you're selling to your clients. Bruno Silikowski: It's a very important part of people's decision making is that knowing that what they have is secured. It's also gated. The gates going in sometime this week, but it will be gate essentially community for the members, and every once in a while we'll open it up to the public for our open events like we do. I'm sure you heard about the Cars and Coffees. Laufenburger: It just feels to me like you really don't have a storage area because I think of a storage area as that place where things rest between the house and the dumpster. Whereas what you are providing is an opportunity for people to really live out their passion for their high end automobiles or, that may not be the right word. Their classic automobiles. Or any automobile that they feel is worthy of their investment. Bruno Silikowski: Yeah, even to extend that to any vehicle. Some people really enjoy RV's. Some people like boats. Some people like motorcycles. Some people like cars. So it's a wide variety but I will tell you that the underlying business model is storage, okay. So that you have a place to keep your things. But then we've taken it and layered on some things which allow for that common interest to be shared with others. So it's kind of created a community of sort of vehicle enthusiasts where, and that's why this is happening where people want to hang out. They want to hang out with one of you guys if you had your car there and let's talk about the '67 Mustang you just got and what you did to it and you know it's pretty funny. You'll see somebody changing their brakes or doing some kind of work and you've got 3 other guys standing there with a beverage in hand watching. You know offering advice. It's just the way it is you know and it's turned into a lot of fun. I tell you the other thing that's really amazing to me is it's become an extremely family centered place. If you go on the web site sometime. You'll see all the photos. You've got people pushing their baby strollers around. The husband and wife hanging out together. We have six couples that are literally, they hang out together while they're there. We've got one guy who put a Sport Court in the back of his garage. While he tinkers with his cars, his boys are playing basketball. You know so how cool is that right? And the wife loves it because you know dad's with the kids and so we've really kind of created something that's so different that I don't think anybody else in the country has really kind of thought of this. There are like I said, little derivatives here and there. They seem to go either to one end, which would be the really low, cheap. And then the other end would be the kind of champagne toting crowd and that's just not Minnesota you know so we found a really happy medium and it's worked. 14 Chanhassen Planning Commission — August 18, 2009 Laufenburger: I just have a couple more questions. Can you talk a little bit about the hours? You said your, your facility is open from 7:00 to 8:00. So that's when the facility is open but owner of a condominium can be there any time. Bruno Silikowski: That's true. Laufenburger: How do you, just talk a little bit about how you distinguish those hours of use. Bruno Silikowski: Well, you know during the business day there are people coming in and out and instead of having the gated, the gate all closed up and limited, not have anybody come in. We're still in sales mode so we do want to open it up and let people come in and look around and talk to us and make it easy for them to come at us. But when we don't have somebody around, we don't want to have that open access so that's why it closes down and yes. A member can work into the evening if he would so choose, but you've got to look at history. So far there has not been a single call. There's not been one nuisance of anything, including my own members which are really, these guys have a lot invested. I mean some of these guys, I kid you not have a half million dollars invested in their garages, and so they care a lot about what's going on and if it's a nuisance, if it's too much noise or if there's something going on that they don't like, they're going to talk about it. Laufenburger: So they can, they have access outside of 7:00 to 8:00, the owners have access to the condominium but not to the common areas, like the club house and that sort of thing? Bruno Silikowski: It is locked. Laufenburger: It is locked, okay. Alright. Let's see. You spoke to the, your view about the enclosure. How about the roofs? Bruno Silikowski: I think actually, I think as I mentioned I think architecturally it adds a lot. It adds a lot and it's something that you just don't see. It takes from just a deck that's tossed onto the side of, or a balcony that's tossed onto the side of the building to turn it into an architectural feature. I know that the City has thought that the balconies we placed on are nice architectural features. I think that's nothing compared to what we can do with the look that we're trying to achieve with what I showed you. The roofs themselves, it's more of an architectural feature than anything else. Sure, it provides a little bit of cover in case there's some rain but I have zero concern if you guys say that you have no possibility of enclosing it. I have no concern about it because that's not how it's ever going to be used. In fact if somebody gets out there and uses it you know an hour a month I'd be shocked. I really would. I mean it's just not what's happening out there. But everybody wants something cool and different and those differentiating features are what drives people to buy the units. I mean that's the reason why we put the windows in. People love it and that's, and also I've getting, I've got 6 units that are left in 2 of the first building. I can't move them because nobody wants them anymore. They want the ones with the windows and these features. So hopefully that answers your question. Laufenburger: It does. Any other questions for the applicant or staff? 15 Chanhassen Planning Commission — August 18, 2009 Keefe: Yeah, just a quick one. Have you thought about you know kind of a sister facility? I know some of these other ones around the country have a track and some of those things. Are you contemplating that or, I thought when you originally came in here maybe there was some discussion. Bruno Silikowski: Yeah. Honestly there's two pieces to that. I am looking at another piece of property out on the east side of town that will do, kind of be an annex to what this is. So we've gotten a lot of demand from different parts of the cities. You just have to, I mean I have to be smart in terms of where I place it. There needs to be enough affluence around the area to be able to support the game plan. The second thing with the track you're bringing up. That was something that was an article that was written about me several years ago. I do have 565 acres under contract but it's a good hour from here so no worries. But it's something that is no where near ready for launch given the economy. I mean we're just, I'm just not going to do it. Not until things get more stable. Keefe: Good. Bruno Silikowski: People need to have a little more disposable income for that. Keefe: Okay. Laufenburger: Okay, thank you. Bruno Silikowski: Thank you. Laufenburger: We will close the public hearing at this time and bring it back to just among the commission members. I think what we're, just to help promote the discussion. I think we're looking at, do we approve the deck's balconies with the guidelines that the staff has suggested or do we not approve that? And if we modify it, some things to consider, do we modify it by including the roof? By changing the enclosure descriptions? Whatever, so we, I think we've got good information. Now we can make our recommendation. Tom, let's start with you. What's your views on this? Doll: I would say that I would think that roofs and screens would be, if they wanted to do them, I'm in favor of it. Laufenburger: So you feel. Doll: For the deck and. Laufenburger: For a deck and balcony you feel like it's okay to allow them to do a screen enclosure and a roof. Okay. Alright. Doll: And I'm for a deck so. Laufenburger: Okay. Alright. Kathleen, any questions or comments? Irl Chanhassen Planning Commission — August 18, 2009 Thomas: I'm still not 100% sold on the deck option. I see the goodness of it and I think it would probably enhance the building. I feel like if you're going to do a deck, I don't know that it would need to be enclosed. I don't, I mean I kind of see his point as, would that really completely be necessary? I don't know. And I kind of, I mean if we go through with the approval of having a deck, I would rather just see it maybe just have a roof and just be a deck, roof. Why does it have to be more than that? You know. Laufenburger: And remember that the distinction the staff is using, balcony is defined as a smaller architectural type structure and the deck is a bigger. It would be even temporarily used for. Thomas: More used for out, yeah. I know. Laufenburger: Outdoor use. Okay. Alright. Dan, how about you? Any comments? Keefe: Yeah, you know I'm leaning towards approving this. I think in terms of the second piece. You know in regards to condition number 4, I would be in support of just striking the second sentence in number 4 which then would allow for the roof structures. But it wouldn't be allow it to be enclosed. Laufenburger: And we already heard the applicant say that he wasn't concerned about enclosing the deck, is that correct? Keefe: But he would like the roof. So that was kind of the, I thought would achieve that. Laufenburger: Would you have a concern about whether the roof and the deck would be aesthetically consistent with the rest of the building? Keefe: No, I mean I think he has to come in and get a permit and reviewed and it sounds like he's trying to maintain a level of standard which appeals to a certain you know clientele which may require that and I think the City has input in regards to that effect ... to review the plans. Laufenburger: Okay. Keefe: Is that correct? Aanenson: Yep. Laufenburger: Okay. Kevin, how about you? Dillon: I'm all in favor of this. I think we should approve it. I think we should allow roofs. We should allow it to be enclosed, but the only other language I would like, and it's I think because of the high end nature of this, people are going to require it anyway, but whatever it is we decide upon here that it's just consistently applied, both in look and feel as well as you know context. You know size. You know depending on the unit, across the building so that's it. 17 Chanhassen Planning Commission — August 18, 2009 Laufenburger: Kevin are you, are you comfortable that the city planning department should be involved in the scrutiny and evaluation of those structures or are you comfortable that the owner has the scrutiny to do that? Dillon: I think it should be up to the owner. I mean you know we are, you know we're all big kids and you know I mean if it, this doesn't require a variance. I mean it just has to go by the regular building codes and all of that stuff. It shouldn't be subjected to anything extra than that. So whatever that means. Laufenburger: And any of these structures staff, for example the deck, it would be subject to building codes, is that correct? Structural? Safety, things like that. Keefe: Number 3 says that. Your number 3. Laufenburger: Any other questions Kevin? Dillon: No thanks, no. Laufenburger: Mark. Undestad: Yeah, I'd have to agree too. I mean I like the package and I think just looking at what they've been doing out there, I don't think there's any concern about somebody's going to put up something that nobody's going to like. I mean the things they've been adding, it is looking nice out there so. I think as far as even the enclosures too that, given what's going on there, you know initially my thought was, they don't really need to enclose them. More of a concern that you get one guy that's going to want to put screens up. One guy will put some Anderson window. Somebody else has a different kind of window but I think the way they have it going on here, you know their review board and the association of the City, I think there's enough eyes to make sure everything's going to look nice on there, either way they go so I'd be, more or less be in favor too of just striking 4 altogether. Laufenburger: In other words removing the restriction of no enclosure and no roofs. Okay. Alright. It appears that we are, we're generally in favor of the amenities that the owner wants to allow or to present to his clientele. We may differ in viewpoints on roof structures and enclosures. So our job is to provide a recommendation to the City Council. We can choose to use the language that's in the proposed motions or we can modify that. Is there any guidance we need from the staff on this Kate? Aanenson: No. Well make your motion then, if you are going to strike one of the items or modify it, so you'd say subject to conditions 1 through and however you modify 4... Laufenburger: Alright. So what I'd like to do is, I'm looking for a motion and I would like the motion to, I'll allow you to take a minute or two if you want and structure the motion so that it incorporates what you would like to see. M, Chanhassen Planning Commission — August 18, 2009 Undestad: I'll make a motion. Laufenburger: Alright, Mark. Undestad: The Chanhassen Planning Commission recommends that the City Council approve the amendment to the Site Plan for Auto Motorplex, Planning Case #09-13, permitting the installation of decks in the locations highlighted in the staff report subject to conditions 1, 2, 3, and 5. Dillon: I second that. Laufenburger: Alright we have a valid motion and a second. To approve the amendment to the site plan with restrictions 1, 2, 3 and 5, excluding the restriction of the language of the decks and enclosures. Is there any further discussion? Now's the time if you'd like to. Alright there'll be no further discussion. All those in favor of the motion signify by saying aye. Undestad: Aye. Dillon: Aye. Laufenburger: All those opposed nay. Keefe: Nay. Thomas: Nay. Keefe: I didn't hear you. Say yea or nay? Laufenburger: I'm going to ask that we vote again with the hands so there's no question. Dillon: So what's the issue? Laufenburger: No, just record the vote again. Aanenson: Yeah. Undestad moved, Dillon seconded that the Chanhassen Planning Commission recommends that the City Council approve the amendment to the site plan for the Auto Motorplex, Planning Case #09-13, permitting the installation of decks in the locations highlighted in the staff report, subject to the following conditions: The development shall comply with the conditions and requirements of Site Plan Planning Case #06-34. 2. The decks shall not encroach into or above any easements. 19 Chanhassen Planning Commission — August 18, 2009 Deck structures will require a building permit. Required submittal documents include: a. Design (and signature) by a professional structural engineer. b. Revised civil drawings by the respective design professional. 4. Deleted. 5. If decks/exterior balconies are to be constructed, the City will need to review the plans to determine if a fire sprinkler head will be required under the deck/balcony. All voted in favor, except Keefe and Thomas who opposed, and the motion carried with a vote of 4 to 2. Laufenburger: Motion carries 4 to 2. Keefe: Can I just make a comment in regards to you know the reason for denial on it is simply related to the enclosures on my behalf. My preference is to not have them enclosed. Thomas: I would, same thing going too. Laufenburger: I think it's important that we convey to the City Council the vote and it's up to them. They can, they have the choice of either accepting our recommendation and they can also modify it. Keefe: They need to understand the reason why. Thomas: Yeah. Aanenson: And just for point of clarification. This is moving forward. Next Monday is scheduled for City Council. Laufenburger: Scheduled for City Council Monday the? Aanenson: Next Monday. 20. Laufenburger: The 24`s. Aanenson: That's correct. Laufenburger: Okay. So if the applicant or any member of the public would like to be present at that time. Alright. P Chanhassen Planning Commission — August 18, 2009 The survey for 7461 Longview Circle must be revised to include the perimeter drainage and utility easements to ensure that the proposed improvements will not encroach into the easements. All voted in favor and the motion carried unanimously with a vote of 6 to 0. AUTO MOTORPLEX SITE PLAN AMENDMENT: REOUEST FOR AMENDMENT TO SITE PLAN PERMIT 2006-23. APPLICANT: BRUNO SILIKOWSM, PLANNING CASE 09-13. Generous: Thank you Mr. Chairman, commissioners. This is an amendment to an approved site plan located at 8200 Audubon Road. The amendment is to permit the inclusion of decks on the exterior of these storage facilities. It's planning case #09-13. Audubon, or Auto Motorplex, they've changed their name since the original came through, is a condominium style development where individuals buy units and belong to this association. As part of the development they have a club house, museum building located on the, in the central portion of the site but on the east side of there's a large open space on this property. The intention of the facility is to permit high end car owners to be able to store and work on their cars and be around other car enthusiasts. That was part of the original promotion of this site. At that time they were talking about having the club house and the museum where the members would meet and they were having to also talking about events where they'd have the cars come in and little shows on the site and this development has been evolving from the original approved site plan and right now the developer, or the owner is requesting that we amend the site plan to allow them to put two types of decks on this site. The D decks are the larger decks. They can be anywhere from 8 to 14 feet projecting out from the building and they would be on the side of the building so they could be just that one unit or someone could buy two units and they could go along the whole end. That would be located on the west side of one existing building and on the north sides of four buildings, two of which are there and two of which would come in the future. On the west side of the property these are unbuilt buildings. They would have smaller 6 foot wide decks. Part of that expansion there would also the developer would like the option to allow them to have roofs. The questions we have for the Planning Commission, ultimately City Council, is this expansion or extension of the use consistent with what was approved for the development and the use of it as a storage facility. Now when you come into the site, this is looking down, you can see the background. There's the Stone Creek development across the open space. This is approximately a quarter mile away from the club house building. I should say on that first one, on the north side of the building that would be one of the areas for one of the decks to be located. And additionally along that whole edge. Yeah, there's a door already there and I think they have a nailing strip on. But we held them up from going forward for Planning Commission and City Council review and approval of that as being consistent or not. Again as you're looking down this site is lower than the easterly portion of this site. Those are the two additional buildings locations that will develop in the future and they're on, building that one building on the left side. You can just see the middle of it. There's a small area where they put some balconies. Now we've made the distinction a balcony is treated more as an architectural feature. It adds interest to the site. It allows them to step out of their unit and look down at the cars below or the activity, but it doesn't provide a real space for them to sit down and have a social gathering. 12 oq-i3 SCANNED Chanhassen Planning Commission —August 18, 2009 Also they're adding windows which have improved the looks of the building that they're still maintaining. The individual units are for storage so they can work and store their vehicles. Over time they've added mezzanine levels and little office and meeting areas and they're becoming more a social gathering spot for the owners. Now it was sort of implied originally but we always thought that the gathering spot would be at the club and not in the individual unit. However if you ever had a garage you invite your friends in. You look at your car and so that's what we thought would happen. These are becoming high amenity spots and so again we want to bring it back to the Planning Commission and City Council to see if that's appropriate in this location. So, and then we'll just continue the tour of the facility. Here's another view on the other side of that opening. These are little unfinished balcony areas. They have some wrought iron rails that go around it and we think they improve the look of this site. Then you can see how the building architecture has been improved through the use of those fenestration and that and then you go onto the next one. Now this is one of the first buildings that were built and you can see there's not a whole lot of detail on it. It's consistent with the approved site plan but you only have one little window on the end of the unit and so they've been, like I said, it's been evolving with architectural detail and what the condominium buyers want in their units. So if we go onto the next one. Now this is part of their common area. It's the club house/museum buildings. There's a little deck, bridge way that provides an entranceway into this common gathering spot and then out in front they also have the green space. On the next one you can see they've really done a good job with the architecture on this building. One of the concerns that they add a lot of the glass for the building to give it a nice presentation and this is again the club house building. The next one. Now that's the back side of it. Again they put in that balcony area where they can come out and look down on the group but it's not really a place where you can put chairs and tables, but underneath there's a big concrete area and they have tables and chairs and a grill out there for their members to use. And if you go, that's the end of the unit and the club house building. I think that's actually part of the unit for Bruno, the owner of the development and again he has a little balcony on the end of it but to overlook the activity that's going on but not to create the habitable spaces. If you can go onto the next one. Now this is the end of the most westerly building that's out there and they want to put a deck on that and they actually came in for the permit for that deck and that's, this is where we caught it and said stop. We need to go back through the process and see if this is going to be appropriate. Laufenburger: So Bob just to clarify. The balconies, the smaller units, the smaller out croppings that you call balconies, some of those are already in place. Generous: Correct. Aanenson: Right. That's a good point and I guess the original treatment of those were architectural details as opposed to functioning as a gathering place and that's where we just want some clarity on that. Laufenburger: Okay. Generous: Yeah, most of they are limited to 3 feet in width so you don't really get a lot of space that you can use. Our code actually addresses it as an architectural feature similar to bay windows. 13 Chanhassen Planning Commission — August 18, 2009 Laufenburger: Okay. Doll: And these are on the mid level where the header board is underneath that sliding door, is that? Generous: Yes. And then this is just a court yard area of the club house and again this is what we always thought would be the primary meeting spot. Laufenburger: Okay. Generous: And then here's an example what's in the report of the idea that he would like to be able to put that roof over the 6 foot deck areas that they're proposing on the B decks, which would be on the western side of the property. While it does add some architectural interest, our concern is that once it's there then the next step is to enclose it and is that also consistent with that. With the evolution of this use as a storage site for the car enthusiast. So I did do an analysis of the distances from the, this development to the closest house to the west. The most westerly building in the future would be about 675 feet from the nearest home. As 1 said earlier the existing buildings out there are almost a quarter mile away. It's 1,510 feet and 1,550 feet to the club house so there is quite a bit of separation between this and the residential development across the Bluff Creek corridor. So with that we have provided two alternatives. One is to approve the site plan amendment to allow them to use the decks. We did have a condition that they could not put the roof in there but if you believe that was appropriate you could always delete that condition. Or if you don't believe that this is a natural evolution of the, from the storage site, then you can deny the use of decks on the property. With that I'd be happy to answer any questions. Laufenburger: Alright, thank you Bob. Let's see if we have any questions for staff before we ask for the applicant. Mark, do you have any questions? Undestad: Yeah, just one Bob. On the deck structures, the enclosed, I see in one of your conditions that we approve it here, no glass, screen, walls, that kind of stuff. Could you put in there just you know no enclosure? In other words can't enclose it period but the roof structures if, you know to keep the rain and stuff off. Generous: Well that would be an option, yes. Undestad: Alright. I don't have any other questions. Laufenburger: Thank you Mark. Kevin. Do you have questions? Dillon: So like in terms of the would the decks be consistently applied across the building? I mean would they be evenly spaced and would, or would they be kind of a bodge podge of decks? Generous: I wish Bruno was here. 14 Chanhassen Planning Commission — August 18, 2009 Aanenson: He's here. Generous: Well it's more up to the individual tenant whether they would build it or not. It adds cost to the unit so. Undestad: But they're limited to the those locations. Generous: To those locations. Aanenson: Yeah, these are the ones that we've outlined so depending on the individual buyer, and they could change over time. One buyer could change it out and somebody else have a different. Laufenburger: Maybe we'll reserve that question for the applicant. Is that okay Kevin? Dillon: You bet. So then what, you mentioned Bob that you're concerned about they becoming enclosed but what's, I mean what's the down side to the City and the people that are at the closest 675, what's the down side to all of this? I'm not sure if that's coming through why there's a concern. Aanenson: Well I think the issue that the staff had is, when this was presented it was storage units for cars. Now they've become a lot more than that. And I'm not saying that's good or bad. You know it's been very successful and that's great, but I don't want, and you know they're policing it and I think the applicant will talk to that themselves, how the association polices what's going on in there. We just don't want to be 3 years down the road and someone say well how did all of this get on there? You know we thought we were doing architectural enhancements and now it's kind of moved to the next level and we just want to make sure everybody's comfortable with the direction it's going because you know to his credit, it's gone very successfully but we want to make sure that everybody's comfortable with how it's being used and what's going on out there. Dillon: Okay. And how about a house that you know was built but they didn't put the deck on it at the beginning and they, would that be treated differently than this? Aanenson: Well this is the only storage unit that I'm aware of that has balconies off them. That's the question. Are you comfortable with that? And if you are, then great. But I just want to make sure everybody's comfortable that we don't have any storage units I'm aware of in the metro area like this and that's to the applicant's credit. It's different and we want to make sure everybody's comfortable with that but we don't normally have storage units with balconies and the stuff that's inside those right now. It's just very different. We want to make sure everybody understands how it's being used and is comfortable with that. That's really the goal. Dillon: Okay, those are all the questions I had for now Laufenburger: Alright. Dan, how about you? 15 Chanhassen Planning Commission —August 18, 2009 Keefe: Yeah you know, and I'm not quite sure what the concern is. I think you know, on one hand I think it is expansion of sort of the permitted space if it were enclosed I think would be you know potentially an issue. I think if we have something that was sort of an expansion of this and went sort of further beyond the boundaries of which were originally set as an enclosed space, I think I'd have a problem with that. Having said that, having a balcony which would be on the second story I presume or a deck which I presume or at grade level. Is that where we're talking about the balconies are elevated and the decks. Generous: The decks would be at the second. Keefe: Okay so, okay the deck is like a second floor, it's just larger? I'm not sure. Generous: Well yes. They'd be expanding usually, in some of these units they have a mezzanine level and this would provide an outdoor space for that level. Keefe: Right. Okay. Yeah, I guess I kind of look at these as condominiums that you just happen to store cars in, okay. That's kind of the way I think of them and so if I think of it as just having an extra outdoor space out there that you want to go out and I don't know, have a Coke or beer or whatever, I guess I don't have that big of a problem with it. To the extent that you enclose it, then I think you're really expanding the footprint of the building which I'm not sure that was the intention. I'm just kind of talking out loud a little bit here. Laufenburger: Okay refocus you. Do you have any questions for what the staff has prepared in terms of the report? Keefe: The use of the decks and the balconies, do we know what they're going to be used for? Anything? Just social purposes? Aanenson: I believe so. Generous: Enjoy the views and. Keefe: Yeah. I presume that the houses across the pond have decks and balconies on them to enjoy the pond amenities. The club house gets used? I presume. They still have gatherings there. I mean. Generous: Yes. They even have a grill there and some tables outside. Keefe: And the operating hours associated with, are applicable to what? Aanenson: Herein lies the, now this is where staff was going with this because I think the neighborhood felt comfortable with the storage units. Keefe: Yes. I[' Chanhassen Planning Commission —August 18, 2009 Aanenson: Okay. And we understand there's a club house, okay but now we're crossing over into that, and we haven't received any calls on this so you know it's all about being good neighbors, as with anything, but when you talk about how, your expectation of how the use is being done, and really that's what this is about. It's just trying to get disclosure on how it's being used and not, you know make sure everybody's comfortable with that because I don't think, we didn't envision, I'm not sure the applicant envisioned patios coming off the mezzanine when this came through, you know. Yeah, so we just want to go back and revisit. Let everybody know where it's going so someone could say we never knew. Well we're making that public now. This is an opportunity to make it public and they had a chance to comment. If you approve it. Keefe: So but they're operating hours on this facility aren't there? I thought it was. Aanenson: Well somebody could be there all night. Yeah. Generous: For the facility it's 7:00 to 8:00 but an individual tenant user could be there 24 hours. Keefe: Okay. Generous: The building code provides all the fire safety control that you could need for that. Keefe: Right. I'm a little confused on the operating hours. Does that limit what can go on in the museum portion? Generous: Yes, more of that. The common space. Keefe: Yeah. Generous: Any events that they would have. Keefe: Right, okay. Generous: Would be limited to those hours. Keefe: Okay. Generous: But the individual, or you know the club's meeting, things like that. Keefe: So there's potential. So maybe this is one of the issues is there's potential if you have a balcony or a deck, you could have a party at the museum and have a big gathering at the museum and it kind of shut down in a certain time frame because of the operating hours of the overall facility, presumably? But somebody individual now, if they've got a very large deck and because they own that unit could go all the time or is that? Aanenson: Right. 17 Chanhassen Planning Commission — August 18, 2009 Keefe: Okay. Aanenson: Again that's part of the self policing that I think you should talk to the applicant how they would manage that, yeah. Keefe: That's all I have. Laufenburger: Kathleen, any questions for staff? Thomas: Yeah, you touched on it a little bit. I mean I know when this first came through, I remember the first time we had people here from the housing development and there was a lot of discussion back and forth about this being built originally, so no one has, I mean I didn't see anything in the packet as like anybody sent an email or anything. No one said anything about what could possibly be going on over there? Generous: The only question I remember was are they expanding into the wetland and we said no. They just want to include these decks, and oh, okay. Thomas: Okay. So, well that was just kind of my question because I was kind of trying to gauge how, you know if they just feel like they lost and so they're not going to push it or question or what so. Okay. Laufenburger: Okay. Tom, any questions of staff? Doll: I was along that same vein as to, do the neighbors care or is it a concern for the neighbors as far as noise. Future noise. Possible noise but it doesn't sound like there is so. Dillon: They don't seem too spun up about it. Doll: No. Thomas: Not this time, no. Laufenburger: So I just, my only question, if I may is, you're classifying this as an amendment to the site plan so this is, it's not a variance. Aanenson: No. Laufenburger: It's just, you're recommending, or you're offering up the possibility that how the site plan is defined but for it's use and what can and cannot be built on that site, that's what you're essentially presenting. Aanenson: Yeah, and I think part of it too is that out of the first hearing there was a certain expectation, and it's evolved, and I'm not saying it's bad. It's just evolved and I want to give everybody an opportunity to understand that evolution and that they're comfortable with it before we go ahead, so. 18 Chanhassen Planning Commission — August 18, 2009 Laufenburger: Okay. I think it's important that we recognize that whereas we can make decisions about what is built on the site, we are not in a position to make a decision on what can or cannot be done on the site. If they, for example if they wanted to have, if somebody wanted to have a party in their condominium, consume alcohol, anything like that. Aanenson: Correct. That's correct. Laufenburger: That we have no control over that. The only thing that we can influence is, what we allow to be built on the site. Aanenson: That's correct. Generous: Correct, unless they under the zoning they try doing different businesses. The retail prohibition. Laufenburger: Okay. No further questions for staff. Let's see if there's an applicant that would be. Undestad: Denny? Laufenburger: Tom, go ahead. Doll: You were saying that it was, we can approve or not, or disapprove of a deck structure or add a roof or you know, how do we word that you know or take a vote on something like that because you know, to me this is Minnesota and I you know, screens are nice to have on a deck. mean a roof is nice to have on a deck. I mean why would you limit it to just a deck and not? Aanenson: That's your choice. You can certainly. Doll: But how do we as the Planning Commission come upon wording that would, we could vote on? Laufenburger: Procedurally. Dillon: In addition to that, how big should the deck, the square footage of the deck. Is that stated in the thing too? Aanenson: Yes. Generous: Yeah, the projection out and then it varies by how much of a unit a person. They could buy the whole building and put one along that entire side. Usually it's the other fenestration they provide that limits the size of... They don't want to cover up their windows. Laufenburger: Tom, I think to answer your question. Procedurally there will be a time where I will entertain a motion. At that time that motion can be worded as however the commissioner 19 Chanhassen Planning Commission —August 18, 2009 would like to word that motion. You have a couple options here but as we've heard from the staff we could change that and we have done that in the past so procedurally we as a commission likely will evolve to that but what we think is the appropriate motion. Doll: Okay. Laufenburger: Okay, we do have an applicant present. If so, would you step to the podium and state your name and address please. Bruno Silikowski: I don't think I'm going to he able to plug this in so I'm just going to have to use your presentation. Bruno Silikowski. My address is 3615 Zircon Lane, Plymouth. Laufenburger: And are you the owner or the manager? Bruno Silikowski: Owner and developer, yeah. I hate to disappoint you guys but we're a bunch of 40-50 year olds that go home at dinner time and don't stay out all night and play. I think what you're going to find when I go through a few points here is, this is a you know has turned out to be a way higher end than I anticipated. The use is consistent with exactly what I had presented early on. It's just that the types of people who have been joining us tend to be a little more affluent and want the niceties and even though they may not use the deck or the balcony, they just want to have it. And if they use it 5 minutes out of a month, that may be enough. Maybe use it 2 hours out of a month, I don't know, but we've yet to have an issue where we had any complaints from neighbors. In fact we've been having neighbors coming over during our events and complimenting us on how things have turned out from the standpoint of architecture. Standpoint of being a friendly neighbor. And in fact even Jim Olson has commented that he can't believe that there's been not a complaint so, so far it's been going good and I expect us to continue to go that route. Kate had mentioned. Laufenburger: Just for the record, is this the Jim Olson that we know affectionately as the sheriff? Bruno Silikowski: Yes. Laufenburger: Thank you. Bruno Silikowski: Well we hire the sheriff's department to help us at the events to be able to make sure things go smoothly and the, our fire, Mark Littfin, the Fire Marshal comes out and has also been very complimentary. Shows up at our events. Many of the city employees in fact come out and they enjoy it so it's been a really a good thing and a real creative thing for the city from what I can see, and I hopefully others, everybody else is seeing it that way. The, so just maybe a couple of quick top points. It's gone better than expected. I mean I really didn't expect us to do as well as we did our first year. We've been about a year and a half now into it and what you see built, and I think you've seen some of the pictures, we're 93% sold already and I think a lot of that has to do with the fact that we are building in a really high quality and high security fashion and people recognize that value, and are coming towards us. In fact so much so that again people are starting to want to build, or add some amenities to their properties, which of 20 Chanhassen Planning Commission — August 18, 2009 course I think you all know helps the tax base as well. In fact this is maybe another quick point to make. If we didn't do what I was doing, the business that was planning on coming behind me, which is a cold storage, probably would have done about well 34 million dollar investment. You know we're going to be about 22 million dollars on the ground, so we're roughly, if you look at the tax rate differences, we're still about 3X of the tax, property tax give back versus you know an alternative so from that standpoint I think that's creative. We also bring a high number of relatively affluent people who come in. Spend money. Order food. Pizzas are always being delivered at our place to you know grab a bite to eat before, or sandwich, before they take off, so a lot of that stuff has been real positive. What they've been looking for are these niceties and this is how the whole thing kind of got started. Why are we here? Couple of my clients basically asked hey, I'd like to build a nice little deck just to be able to sit out and look at the natural view. In fact Bob if you don't mind going to the ones that shows by the General Mills. I mean the short of it is, can you show the pictures that I sent you Bob? Do you have that? Generous: They're not on this slide, no. Bruno Silikowski: Can you retrieve your email by chance? I sent you a copy of something. Well look, it's not important but the point is I was trying to make is, the view is looking straight out at General Mills. There's not even a house in sight from where they're planning on putting those decks. Laufenburger: So it's a view to the north. Bruno Silikowski: It's a view to the north and that's, Bob. Sorry. Aanenson: It's in their packet. Bruno Silikowski: Great. Well if you can glance at the packets, but it would be the buildings, if you look at, Bob on the site plan. Remember I kind of highlighted where the decks might go. Generous: Yes. Bruno Silikowski: Can you go there? Aanenson: That's the one I was on, yeah. Bruno Silikowski: Yep. So if you look at the ones that are, I guess it would be called D. Up on the screens. Those are the ones that are headed to the north and only those, the ones call D, allow for a little bit larger. In other words there's a natural limitation onto it because once you get above 12 to 14 feet, now you're starting to talk about some serious amount of engineering that has to go on to build a whole deck up, so it's really going to be self limited and the architectural requirements that we have within our by-laws actually are self governing as well. We require everyone to follow a standard so that the look is consistent and the look is the high quality. We require a structural engineer to design and have signed off. We require the City to, we require them to get a permit from the City so there's a whole lot of check points along the way to make sure that it's done right. It's done consistently and it's done professionally. I don't 21 r Chanhassen Planning Commission — August 18, 2009 know how much you guys want me to go on but we've done like I said, I've done pretty well with this whole thing. The question that I have for you is just can you support us? I mean bottom line is we've done well but I'm not kidding myself This is a challenging environment. The economy is really hurting a lot of people. We happen to be doing pretty good, which is good for us but there's a reason why and we focused on the right kind of trigger points for people to be, why they bought. I've got two guys who bought into that one building. The first arrow on that north thing there. They're actually pretty angry with me because they think that they can't build a deck and that's why, the whole process got started and I asked Bob, I said Bob what do we need to do to, and I talked to Todd and talked to Kate. Just said what do we need to do to sort of clarify things and I did ask questions because we know, you know frankly precedence is there. We have a deck that connects between those two buildings. We have 6, what we're calling balconies, and so the precedence is there so I was kind of, kind of a little bit blind sided when I heard the City say no. That's, you know we're going to do a gut check here and so that's why I'm here and that's why we're kind of going through a process but you know don't look at this, well you need, I guess the thing I'm asking you to look at is this is a natural evolution of a high quality product. We're adding some amenities that have been extremely creative to the look. The architectural features and also is allowing me to continue to be successful in a, I think what I consider to be extremely difficult economy. So that's kind of the big picture. If there's any questions or, be happy to. Laufenburger: Alright. Would you just wait for a second. I think we may have some questions. Bruno Silikowski: Yep. Laufenburger. Mark, let's start with you. Do you have any questions for the applicant? Undestad: Yeah. The discussion about the enclosing on there. Is that, do you think that would be an issue for your clients out there if it was. Bruno Silikowski: No. I just don't see it. Undestad: They don't need them? I mean if there was language in there that said no, you can't enclose these things. Bruno Silikowski: No, I mean we have got so much wind coming off of that open area. There's no bugs. There just isn't any so what reason would you have to enclose it? Bob, do me a favor. Go to that last picture that I showed the ones with the roof over the top. That, I wanted to highlight that because that's actually a commercial building over in Excelsior. It's Bayside Marina. If you're guys familiar with it and so, you know the look has got a high quality finish to it and that's kind of the look we're trying to create and one of the things that somebody asked, you know is this going to be helter skelter? No. Every unit along those buildings, along those two buildings to the north will have that. That's me designing it. That's part of the way I'm going to sell the things. There are real stringent architectural controls that I have, because we want to kept he integrity of the campus in check, so to make a long story short and answer your question directly Mark, no. I couldn't, I couldn't even imagine that being an issue. Having a 22 Chanhassen Planning Commission — August 18, 2009 little bit of roof overhead does make sense. You know just from rain and things like that, and it looks architecturally very pleasing. Laufenburger: Anything else Mark? Kevin? Dillon: I didn't have any questions. You answered my questions about the consistency and the only, you know so I'm inclined to support you on this because I think I do get the big picture you're after but you know as we're talking we can modify these things. We might want to add the consistent look and feel in even though it says you're going to mandate. Well, we will too. Bruno Silikowski: Yeah. Yeah, and you know just a quick point. We've gone way beyond in terms of adding the architectural features, even than what we originally presented to the City and it's because we view that as beneficial, and it has helped us to develop a product that people want. Laufenburger: Okay. Dan, you have any questions? Keefe: Yeah just one. Your association rules, you know are you anticipating that they'll limit what you can sort of store out on the decks? Bruno Silikowski: Absolutely. Absolutely. Keefe: Right. Bruno Silikowski: Yeah, we have very, very specific rules about that. Keefe: One of my concerns, I don't have an exact view of you know, of sort of the viewpoints and visual points that you know somebody crossed you know the pond. Was looking out and they like what they see now but now okay now we've got balconies. Oh, there's a statute of something I don't like sitting out there, you know. Bruno Silikowski: Yeah, but I appreciate what you're saying. We're really sensitive to that kind of stuff. In fact we don't even let people leave their cars out overnight. Keefe: Yeah, right. Okay. Laufenburger: Kathleen? Thomas: I don't think I have any questions. I appreciate your trying to be a good neighbor to the neighborhood that's you know, that's around there and trying to do what you can do to ensure, everyone seems satisfied so I'm still thinking about it on the fence but you know we'll work through it. Bruno Silikowski: For what it's worth Kathleen we actually have two neighbors there have now joined us. 23 Chanhassen Planning Commission —August 18, 2009 Thomas: That's good to hear. Bruno Silikowski: Yeah. Laufenburger: Tom? Doll: I just congratulate you and the buildings are beautiful and I think it's a nice thing for the city to have a storage facility of that beauty I guess. Bruno Silikowski: Yeah, thanks. Doll: So I have no questions. Laufenburger: I do have a couple questions and comments. You said that you've been successful. It sounds like the success is determined by the response of your customers, isn't that correct? You said 93% occupancy. Bruno Silikowski: Absolutely. Laufenburger: Do you have people that, when you build more structure, do you anticipate that you'll have more people lining up there as well? Bruno Silikowski: Um yeah. In fact we've just completing one of the, it's about a, it's just under 17,000 square foot building and we're maybe a week away from completion and we've already pre -sold some of that. And then we have another building that the City hasn't seen yet but it's about, getting ready to be submitted for another building to be launched so yeah, and that's all driven by demand. I don't build, one of the things that we agreed on early on was this was going to be a phased approach because really it was a new concept around, not just here in the cities. We're talking about throughout the country. So it's a very different concept. We did the best we could in terms of anticipating what it would be like. We were pretty close but it's just gotten actually a little bit better I think in terms of the amenities and what people were looking for, so to answer your question is yeah. We're going to continue to build. It will be based on demand and I do think there's still a chance that I may add an additional building yet this year. Commission another building this year. If not then we'll probably launch 2 more buildings next year. Laufenburger: Okay. You spoke about unique concept. Is there anything like this anywhere else in the metro area? Bruno Silikowski: Well you know it's a derivative of a very, very basic concept and you know the storage condominiums have been around. These storage condominiums tend to be kind of the metal pole barn. They don't have any amenities. Don't have fire suppression systems. Don't have floor drains. Don't have water. Don't have any kind of really plumbing. They don't have, they have very minimal amount of electrical. In fact the ones that I'm aware of use an open flame or what they call an Resanor heater in these things and actually I, every common sense, you know gasoline and open flames don't mix. We went, and so if you look at their 24 Chanhassen Planning Commission — August 18, 2009 history over the past 5 years, and I won't name any names but over the past 5 years they actually had 2 buildings bum down because they don't have any way to stop a fire when something starts or some kind of incident happens. And we went the opposite direction. We focused on safety and security. All of our buildings are fire suppression. Not only in every garage but in every, all the rafters. We have floor drains. We have water. hi floor heat. It's electric. It's very efficient. Over the blow heaters. You know I don't know if you, just as a quick point. It warms the objects so your vehicle stays warm. Not the air so it's a very efficient way of going about it and it's a great way for vehicle storage. You want lack of humidity in these things. So that. And then we look at the exterior structure. We use materials that are, that you find on luxury homes. Hardy plank. Stone. The only thing metal on our buildings are the roofs for 50 year roofs. We built it for high quality. Every building is Wi-fi'd which means all our cameras, security cameras, currently there's 34 of them up. We'll have 49 of them when we're all completed and it's all web based so you can be in the middle of China and literally check in on your possessions if you so choose to. Laufenburger: And obviously that's a valuable element of what you're selling to your clients. Bruno Silikowski: It's a very important part of people's decision making is that knowing that what they have is secured. It's also gated. The gates going in sometime this week, but it will be gate essentially community for the members, and every once in a while we'll open it up to the public for our open events like we do. I'm sure you heard about the Cars and Coffees. Laufenburger: It just feels to me like you really don't have a storage area because I think of a storage area as that place where things rest between the house and the dumpster. Whereas what you are providing is an opportunity for people to really live out their passion for their high end automobiles or, that may not be the right word. Their classic automobiles. Or any automobile that they feel is worthy of their investment. Bruno Silikowski: Yeah, even to extend that to any vehicle. Some people really enjoy RV's. Some people like boats. Some people like motorcycles. Some people like cars. So it's a wide variety but I will tell you that the underlying business model is storage, okay. So that you have a place to keep your things. But then we've taken it and layered on some things which allow for that common interest to be shared with others. So it's kind of created a community of sort of vehicle enthusiasts where, and that's why this is happening where people want to hang out. They want to hang out with one of you guys if you had your car there and let's talk about the '67 Mustang you just got and what you did to it and you know it's pretty funny. You'll see somebody changing their brakes or doing some kind of work and you've got 3 other guys standing there with a beverage in hand watching. You know offering advice. It's just the way it is you know and it's turned into a lot of fun. I tell you the other thing that's really amazing to me is it's become an extremely family centered place. If you go on the web site sometime. You'll see all the photos. You've got people pushing their baby strollers around. The husband and wife hanging out together. We have six couples that are literally, they hang out together while they're there. We've got one guy who put a Sport Court in the back of his garage. While he tinkers with his cars, his boys are playing basketball. You know so how cool is that right? And the wife loves it because you know dad's with the kids and so we've really kind of created something that's so different that I don't think anybody else in the country has really kind of thought of this. 25 Chanhassen Planning Commission —August 18, 2009 There are like I said, little derivatives here and there. They seem to go either to one end, which would be the really low, cheap. And then the other end would be the kind of champagne toting crowd and that's just not Minnesota you know so we found a really happy medium and it's worked. Laufenburger: I just have a couple more questions. Can you talk a little bit about the hours? You said your, your facility is open from 7:00 to 8:00. So that's when the facility is open but owner of a condominium can be there any time. Bruno Silikowski: That's true. Laufenburger: How do you, just talk a little bit about how you distinguish those hours of use. Bruno Sihkowski: Well, you know during the business day there are people coming in and out and instead of having the gated, the gate all closed up and limited, not have anybody come in. We're still in sales mode so we do want to open it up and let people come in and look around and talk to us and make it easy for them to come at us. But when we don't have somebody around, we don't want to have that open access so that's why it closes down and yes. A member can work into the evening if he would so choose, but you've got to look at history. So far there has not been a single call. There's not been one nuisance of anything, including my own members which are really, these guys have a lot invested. I mean some of these guys, I kid you not have a half million dollars invested in their garages, and so they care a lot about what's going on and if it's a nuisance, if it's too much noise or if there's something going on that they don't like, they're going to talk about it. Laufenburger: So they can, they have access outside of 7:00 to 8:00, the owners have access to the condominium but not to the common areas, like the club house and that sort of thing? Bruno Silikowski: It is locked. Laufenburger: It is locked, okay. Alright. Let's see. You spoke to the, your view about the enclosure. How about the roofs? Bruno Silikowski: I think actually, I think as I mentioned I think architecturally it adds a lot. It adds a lot and it's something that you just don't see. It takes from just a deck that's tossed onto the side of, or a balcony that's tossed onto the side of the building to tum it into an architectural feature. I know that the City has thought that the balconies we placed on are nice architectural features. I think that's nothing compared to what we can do with the look that we're trying to achieve with what I showed you. The roofs themselves, it's more of an architectural feature than anything else. Sure, it provides a little bit of cover in case there's some rain but I have zero concern if you guys say that you have no possibility of enclosing it. I have no concern about it because that's not how it's ever going to be used. In fact if somebody gets out there and uses it you know an hour a month I'd be shocked. I really would. I mean it's just not what's happening out there. But everybody wants something cool and different and those differentiating features are what drives people to buy the units. I mean that's the reason why we put the windows in. People love it and that's, and also I've getting, I've got 6 units that are left in 2 of the first 26 Chanhassen Planning Commission —August 18, 2009 building. I can't move them because nobody wants them anymore. They want the ones with the windows and these features. So hopefully that answers your question. Laufenburger: It does. Any other questions for the applicant or staff? Keefe: Yeah, just a quick one. Have you thought about you know kind of a sister facility? I know some of these other ones around the country have a track and some of those things. Are you contemplating that or, I thought when you originally came in here maybe there was some discussion. Bruno Silikowski: Yeah. Honestly there's two pieces to that. I am looking at another piece of property out on the east side of town that will do, kind of be an annex to what this is. So we've gotten a lot of demand from different parts of the cities. You just have to, I mean I have to be smart in terms of where I place it. There needs to be enough affluence around the area to be able to support the game plan. The second thing with the track you're bringing up. That was something that was an article that was written about me several years ago. I do have 565 acres under contract but it's a good hour from here so no worries. But it's something that is no where near ready for launch given the economy. I mean we're just, I'm just not going to do it. Not until things get more stable. Keefe: Good. Bruno Sihkowski: People need to have a little more disposable income for that. Keefe: Okay. Laufenburger: Okay, thank you. Bruno Silikowski: Thank you. Laufenburger: We will close the public hearing at this time and bring it back to just among the commission members. I think what we're, just to help promote the discussion. I think we're looking at, do we approve the deck's balconies with the guidelines that the staff has suggested or do we not approve that? And if we modify it, some things to consider, do we modify it by including the roof? By changing the enclosure descriptions? Whatever, so we, I think we've got good information. Now we can make our recommendation. Tom, let's start with you. What's your views on this? Doll: I would say that I would think that roofs and screens would be, if they wanted to do them, I'm in favor of it. Laufenburger: So you feel. Doll: For the deck and. 27 Chanhassen Planning Commission — August 18, 2009 Laufenburger: For a deck and balcony you feel like it's okay to allow them to do a screen enclosure and a roof. Okay. Alright. Doll: And I'm for a deck so. Laufenburger: Okay. Alright. Kathleen, any questions or comments? Thomas: I'm still not 100% sold on the deck option. I see the goodness of it and I think it would probably enhance the building. I feel like if you're going to do a deck, I don't know that it would need to be enclosed. I don't, I mean I kind of see his point as, would that really completely be necessary? I don't know. And I kind of, I mean if we go through with the approval of having a deck, I would rather just see it maybe just have a roof and just be a deck, roof. Why does it have to be more than that? You know. Laufenburger: And remember that the distinction the staff is using, balcony is defined as a smaller architectural type structure and the deck is a bigger. It would be even temporarily used for. Thomas: More used for out, yeah. I know. Laufenburger: Outdoor use. Okay. Alright. Dan, how about you? Any comments? Keefe: Yeah, you know I'm leaning towards approving this. I think in terms of the second piece. You know in regards to condition number 4, I would be in support of just striking the second sentence in number 4 which then would allow for the roof structures. But it wouldn't be allow it to be enclosed. Laufenburger: And we already heard the applicant say that he wasn't concerned about enclosing the deck, is that correct? Keefe: But he would like the roof. So that was kind of the, I thought would achieve that. Laufenburger: Would you have a concern about whether the roof and the deck would be aesthetically consistent with the rest of the building? Keefe: No, I mean I think he has to come in and get a permit and reviewed and it sounds like he's trying to maintain a level of standard which appeals to a certain you know clientele which may require that and I think the City has input in regards to that effect ... to review the plans. Laufenburger: Okay. Keefe: Is that correct? Aanenson: Yep. Laufenburger: Okay. Kevin, how about you? 28 Chanhassen Planning Commission — August 18, 2009 Dillon: I'm all in favor of this. I think we should approve it. I think we should allow roofs. We should allow it to be enclosed, but the only other language I would like, and it's I think because of the high end nature of this, people are going to require it anyway, but whatever it is we decide upon here that it's just consistently applied, both in look and feel as well as you know context. You know size. You know depending on the unit, across the building so that's it. Laufenburger: Kevin are you, are you comfortable that the city planning department should be involved in the scrutiny and evaluation of those structures or are you comfortable that the owner has the scrutiny to do that? Dillon: I think it should be up to the owner. I mean you know we are, you know we're all big kids and you know I mean if it, this doesn't require a variance. I mean it just has to go by the regular building codes and all of that stuff. It shouldn't be subjected to anything extra than that. So whatever that means. Laufenburger: And any of these structures staff, for example the deck, it would be subject to building codes, is that correct? Structural? Safety, things like that. Keefe: Number 3 says that. Your number 3. Laufenburger: Any other questions Kevin? Dillon: No thanks, no. Laufenburger: Mark. Undestad: Yeah, I'd have to agree too. I mean I like the package and I think just looking at what they've been doing out there, I don't think there's any concern about somebody's going to put up something that nobody's going to like. I mean the things they've been adding, it is looking nice out there so. I think as far as even the enclosures too that, given what's going on there, you know initially my thought was, they don't really need to enclose them. More of a concern that you get one guy that's going to want to put screens up. One guy will put some Anderson window. Somebody else has a different kind of window but I think the way they have it going on here, you know their review board and the association of the City, I think there's enough eyes to make sure everything's going to look nice on there, either way they go so I'd be, more or less be in favor too of just striking 4 altogether. Laufenburger: In other words removing the restriction of no enclosure and no roofs. Okay. Alright. It appears that we are, we're generally in favor of the amenities that the owner wants to allow or to present to his clientele. We may differ in viewpoints on roof structures and enclosures. So our job is to provide a recommendation to the City Council. We can choose to use the language that's in the proposed motions or we can modify that. Is there any guidance we need from the staff on this Kate? 29 :0 —A Chanhassen Planning Commission —August 18, 2009 Aanenson: No. Well make your motion then, if you are going to strike one of the items or modify it, so you'd say subject to conditions 1 through and however you modify 4... Laufenburger: Alright. So what I'd like to do is, I'm looking for a motion and I would like the motion to, I'll allow you to take a minute or two if you want and structure the motion so that it incorporates what you would like to see. Undestad: I'll make a motion. Laufenburger: Alright, Mark. Undestad: The Chanhassen Planning Commission recommends that the City Council approve the amendment to the Site Plan for Auto Motorplex, Planning Case #09-13, permitting the installation of decks in the locations highlighted in the staff report subject to conditions 1, 2, 3, and 5. Dillon: I second that. Laufenburger: Alright we have a valid motion and a second. To approve the amendment to the site plan with restrictions 1, 2, 3 and 5, excluding the restriction of the language of the decks and enclosures. Is there any further discussion? Now's the time if you'd like to. Ahight there'll be no further discussion. All those in favor of the motion signify by saying aye. Undestad: Aye. Dillon: Aye. Laufenburger: All those opposed nay. Keefe: Nay. Thomas: Nay. Keefe: I didn't hear you. Say yea or nay? Laufenburger: I'm going to ask that we vote again with the hands so there's no question. Dillon: So what's the issue? Laufenburger: No, just record the vote again. Aanenson: Yeah. Undestad moved, Dillon seconded that the Chanhassen Planning Commission recommends that the City Council approve the amendment to the site plan for the Auto Motorplex, 30 Chanhassen Planning Commission — August 18, 2009 Planning Case #09-13, permitting the installation of decks in the locations highlighted in the staff report, subject to the following conditions: 1. The development shall comply with the conditions and requirements of Site Plan Planning Case #06-34. 2. The decks shall not encroach into or above any easements. 3. Deck structures will require a building permit. Required submittal documents include: a. Design (and signature) by a professional structural engineer. b. Revised civil drawings by the respective design professional. 4. Deleted. 5. If decks/exterior balconies are to be constructed, the City will need to review the plans to determine if a fire sprinkler head will be required under the deck/balcony. All voted in favor, except Keefe and Thomas who opposed, and the motion carried with a vote of 4 to 2. Laufenburger: Motion carries 4 to 2. Keefe: Can I just make a comment in regards to you know the reason for denial on it is simply related to the enclosures on my behalf. My preference is to not have them enclosed. Thomas: I would, same thing going too. Laufenburger: I think it's important that we convey to the City Council the vote and it's up to them. They can, they have the choice of either accepting our recommendation and they can also modify it. Keefe: They need to understand the reason why. Thomas: Yeah. Aanenson: And just for point of clarification. This is moving forward. Next Monday is scheduled for City Council. Laufenburger: Scheduled for City Council Monday the? Aanenson: Next Monday. 20. Laufenburger: The 24th. Aanenson: That's correct. 31 Chanhassen Planning Commission — August 18, 2009 Laufenburger: Okay. So if the applicant or any member of the public would like to be present at that time. Alright. APPROVAL OF MINUTES: Commissioner Thomas noted the verbatim and summary Minutes of the Planning Commission meeting dated July 21, 2009 as presented. COMMISSION PRESENTATIONS: None. CITY COUNCIL ACTION UPDATE: Aanenson: I did include in your packet, the council did hear a number of items at their last meeting. If anybody had questions on those. I'd be happy to address those but. Laufenburger: Alright, motion to adjourn. Dillon moved, Undestad seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 6 to 0. The Planning Commission meeting was adjourned at 8:15 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 32 0�1-13 CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 09-13 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, August 18, 2009, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for a site plan amendment on property zoned Industrial Office Park (IOP) located at 8200 Audubon Road (Autobahn Motorplex). Applicant: Bruno Silikowski. A plan showing the location of the proposal is available for public review on the City's web site at www.ci.chanhassen.mn.us/serv/plan/09-13.htmi or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Robert Generous, Senior Planner Email: bgenerous@ci.chanhassen.mn.us Phone: 952-227-1131 (Publish in the Chanhassen Villager on August 6, 2009) SCANNED Location Map (Subject Property Highlighted in Yellow) Autobahn Motorplex Site Plan Amendment Planning Case 2009-13 SCANNED Generous, Bob From: Fauske, Alyson Sent: Wednesday, August 05, 2009 2:45 PM To: Generous, Bob Subject: Engineering comments :.. The Engineering Department does not have an issue with allowing decks within AutoMotorPlex as long as the decks do not encroach into any easements. There is no issue with the front yard setback for 6604 Alder Way- the setback would be at the easement line. Thanks, Alyson Fauske Assistant City Engineer City of Chanhassen ph: 952-227-1164 MEMORANDUM TO: Bob Generous, Senior Planner FROM: Jerritt Mohn, Building Official DATE: July 27, 2009 SUBJ: Proposed Site Plan Amendment for property located at 8200 Audubon Road (Autobahn Motorplex). Planning Case: 09-13 I have reviewed the above request, received by the Planning Department on June 23, 2009. Such structures will require a building permit. Required submittal documents: 1) Design (and signature) by a professional, structural engineer. 2) Revised civil drawings by the respective design professional. GAPLAN\2009 Planning Casts\09-13 Autobahn Motorpla Site Plan Amendment\buikldingofficialcomments.doc Date: July 24, 2009 City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 To: Development Plan Referral Agencies From: Planning Department Review Response Deadline: August 7, 2009 By: Robert Generous, Senior Planner Subject: Request for a Site Plan Amendment to allow decks on property zoned Industrial Office Park (IOP) located 8200 Audubon Road. Applicant: Bruno Silikowski. Planning Case: 09-13 PID: 25-0151210&25-0810001 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on July 23, 2009. The 60 -day review period ends September 21, 2009. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on August 18, 2009 at 7:00 p.rrL in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than August 7, 2009. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments: a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official f. Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. lower Minnesota River c. Minnehaha Creek 9. Telephone Company (Qwest or Sprint/United) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacom 12. CenterPoint Energy Minnegasco Location Map (Subject Property Highlighted in Yellow) Autobahn Motorplex Site Plan Amendment Planning Case 2009-13 V�Cr Qc CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION Applicant Name and Address: _l2> R J P'jo S JLI 5 I� 1 361 S 'iX-/r?co� Ltil n( L yA_vUC)-rH , Contact:_5. Phone: &Id Ss3 S3y$ Fax: Email: f551t IK�wsl� �nvro .Lzoe pix. �o,�. Planning Case No. ()9 -13 CITY OF CHANHASSEN RECEIVED JUN 2 4 2009 C14ANHASSENPLANNING DEPT Owner Name and Address: Phone: Fax: Email: NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development' Rezoning Sign Permits Sign Plan Review _ - Site Plan Review (SPR)' to D Subdivision' Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign $200 ' G \off (City to install and remove) X w for Filing Fees/Attorney Cost" CUP/SPRNACNARNVAP/Metes & Bounds 10 Minor SUB TOTAL FEE $ '-I 622 f)I C65W 1u1-7 An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. 'Sixteen (16) full-size folded copies of the plans must be submitted, including an 8%" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 ('.tif) format. "Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME:y r a �tiLO7c1/ZP�C LOCATION: pu M1�/J Rl�� LEGAL DESCRIPTION AND PID: —D(5(-7�Ltb r c2S — bSs 000 TOTAL ACREAGE: ' yo WETLANDS PRESENT: p I�N YES NO PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: SES ,4V7Ae FOR SITE PLAN o�EVIEW. inncl Ud2 numtiei vfexisting employees: anu ieVBmp,_ye eS: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership, (either copy of Owners Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. 1 further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. 7a day- nature Ic t Date er Date G:\PLANTo S\Development Review Application.Doe Rev. 1/08 The purpose of this document is to request a clarification/small addition to the site plan. To give you a short background... we currently are permitted by the City to install balconies onto our buildings and plan to continue to add them to create architectural features and views of the complex and natural landscape given the large wetland that is part of this property. This request is to clarify the ability to add decks in a few locations (which differ only in size from the balconies which have been permitted; as a point of reference, the City also approved a deck as part of the original site plan) to the buildings within the Auto MotorPlex Campus. As you are likely aware, the Auto MotorPlex Campus has grown quickly with a quality look, feel and presence and we continue to attract an affluent group of people who have been accretive to the City. Our clients tend to be conservative and on the wealthier side. They enjoy the quality and security that has been constructed at the MotorPlex and commensurately have added finishing to their garage so they can enjoy their motorsports passion as well as hanging out with like minded enthusiasts in a pleasant surrounding and natural beauty. Currently, we have 6 balconies (ranging 3'x10' to 3'x16') and 1 observation deck (12'x30) constructed on our buildings, please see the attached pictures for examples. The construction of these balconies and deck has been permitted and approved by the City. They have added accretive architectural features to the buildings and additional functionality that has helped sales. Given the economic times, this is important... it has been a buyer decision factor. All of these structures are guided in our architectural guidelines section of our association bylaws. The bylaws govern the look and finish of these balconies and decks to ensure the quality and integrity of the Auto MotorPlex Campus. The City does continue to allow for the construction of the balconies but wants the input of the Planning Commission to support the decision of allowing 5 observation decks (identified as "D", ranging from 8'-14'W x 10'-201), see site plan below, as well as 6'W x 10'-16'L balconies (identified as "B") on the north side of two future buildings. am requesting that we be permitted to construct the additional observation decks and balconies on remote parts of our buildings providing a scenic view of the property. This is a feature that, in at least two cases, clients have purchased their private garage with the belief that a deck can be constructed, given that a permitted one already existed on the campus. I request your approval of this clarification to the site plan. Please see the pictures below, they show the site plan, balconies and deck already built, two pictures of the view of where the proposed decks would be located and a picture of what the balconies would likely resemble for two future buildings (A & B on the site plan). Ian \ \� nn \ V ^ I;', A• �_ _ _.' _ ml PROPOSED MOTION: "The Chanhassen Planning Commission recommends that City Council approve the amendment to the site plan for Auto MotorPlex, Planning Case #09-13, permitting the installation of decks in the locations highlighted in the staff report, subject to conditions 1 — 5 on page 8 of the staff report." Or, "The Chanhassen Planning Commission recommends that City Council deny the amendment to the site plan for Auto MotorPlex, Planning Case #09-13, and prohibit the use of decks within the project." SUMMARY OF REQUEST: The developer is requesting a Site Plan Amendment to allow decks — Auto MotorPlex. LOCATION: 8200 Audubon Road PID: 25-0151210&25-0810001 APPLICANT: Bruno Silikowski 3615 Zircon Lane North Plymouth, MN 55446 (612)850-8398 PRESENT ZONING: Industrial Office Park (IOP) 2020 LAND USE PLAN: 4 Office/Industrial ACREAGE: 38.7 acres DENSITY: F.A.R. 0.10 The City's discretion in approving or denying a site plan is limited to whether or not the proposed project complies with Zoning Ordinance requirements. If it meets these standards, the City must then approve the site plan. This is a quasi-judicial decision. PROPOSAL/SUMMARY The developer is requesting an amendment to the site plan to permit the construction of decks off of some of the storage units. The site is bounded to the north by General Mills, to the east by Audubon Road and the City's Public Works facility, to the south by the Twin Cities and Western Railroad and Chanhassen Business Park and to the west by Bluff Creek and Creekside, a single-family residential subdivision. Auto MotorPlex Site Plan Amendment Planning Case 09-13 August 18, 2009 Page 6 of 8 S t. "13" = decks ranging e' -14'w by 10'-30'L "B" = balcony's ranging 3'-61w by 10'-16'L i - - i v (1 r. � .-/�- \"'. � - •t. ~`\\ • `\l l b.1AsnM�o�t[rww �� � � • � % v-v�uwq w•ucr.• Staff is concerned with the inclusion of the roof structures above the decks since, in the future, these areas could be enclosed as three or four -season porches, creating additional habitable space in these units. While the use of the roofs would add architectural interest and detail, it is quite possible that the unit owners will see that enclosing these structures as the next evolution in the storage building condominium use and design. To avoid this potential, the roof structures should be prohibited. Color The primary building color is either putty -white or light taupe. The stone is Prairie Bluff— Yuma, which has browns and tans and is natural in appearance. Accents will be provided through the use of a range of color including light gray, gray, brown, red, maroon and forest green. The metal roof is forest green. Height and Roof Design Building height is 30 feet 6 inches at the top of the roof above the clubhouse. The buildings will have gabled roofs, the roof pitches will range from 3/12 pitch to 8/12. The storage buildings shall have a peak height of roof of 27 Auto MotorPlex Site Plan Amendment Planning Case 09-13 August 18, 2009 Page 7 of 8 feet 8 inches. Substantial cave and gable overhangs shall be incorporated into each building design with highlighted fascia features. Roof articulation is provided through the use of cupolas. A green standing seam metal roof is proposed throughout the motorplex complex. Mechanical equipment is screened through landscaping and placement on the site. The developer would also like the opportunity to add a roof structure above these deck areas, which was discussed under the material and detail section of the report. Facade Transoarenc Due to the building type, 50 percent of the first floor elevation that is viewed by the public includes overhead doors. Other areas shall include landscaping material and architectural detailing and articulation. Unit owners may add additional windows and doors, creating greater fagade transparency. Site Furnishing Community features include a plaza area in front of the clubhouse and museum. A patio area and deck have been included to the west of the clubhouse. These areas are intended to permit the members to meet and socialize. The clubhouse provides a gathering place for condominium owners. Loading areas, refuse area, etc. Refuse will be stored internally until the date of pick-up. Liehting/Signage Only wall -mounted lighting units are proposed for the development. The lighting must be shielded to prevent off-site glare. A monument sign may be located at the entrance on Audubon Road. The monument sign shall not exceed eighty (80) square feet in sign display area nor be greater than eight (8) feet in height. Wall signage must comply with City Code requirements for the IOP district. A separate sign permit application is require for all signage. RECOMMENDATION Staff recommends that the Planning Commission adopt one of the following two motions and adoption of the corresponding, attached findings of fact and recommendation: "The Chanhassen Planning Commission recommends that City Council approve the amendment to the site plan for Auto MotorPlex, Planning Case #09-13, permitting the installation of decks in the locations highlighted in the staff report, subject to the following conditions: Auto MotorPlex Site Plan Amendment Planning Case 09-13 August 18, 2009 Page 8 of 8 1. The development shall comply with the conditions and requirements of site plan Planning Case #06-34. 2. The decks shall not encroach into or above any easements 3. Deck structures will require a building permit. Required submittal documents include: a. Design (and signature) by a professional, structural engineer. b. Revised civil drawings by the respective design professional. 4. Deck structures shall not be enclosed in glass, screening or walls. Roof structures, beyond the building eves, shall not be expanded above the deck. 5. If decks/exterior balconies are to be constructed, the City will need to review the plans to determine if a fire sprinkler head will be required under the deck/balcony. Or, "The Chanhassen Planning Commission recommends that City Council deny the amendment to the site plan for Auto MotorPlex, Planning Case #09-13, and prohibit the use of decks within the project." ATTACHMENTS 1. Findings of Fact and Recommendation (Approval). 2. Findings of Fact and Recommendation (Denial). 3. Development Review Application. 4. Applicant's Narrative and Pictures. 5. Email from Jerry Mohn to Bob Generous Dated August 6, 2009. 6. IOP District Regulations. 7. Public Hearing Notice and Mailing List. g:\plan\2009 planning cases\09-13 auto motorplex site plan amendment\stafl report motorplex.doc Date: July 24, 2009 City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 To: Development Plan Referral Agencies From: Planning Department Review Response Deadline: August 7, 2009 By: Robert Generous, Senior Planner Subject: Request for a Site Plan Amendment to allow decks on property zoned Industrial Office Park (IOP) located 8200 Audubon Road. Applicant: Bruno Silikowski. Planning Case: 09-13 PID: 25-0151210&25-0810001 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on July 23, 2009. The 60 -day review period ends September 21, 2009. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on August 18, 2009 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than August 7, 2009. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments: a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official f. Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Minnehaha Creek 9. Telephone Company (Qwest or SpnntfUmted) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacom 12. CenterPoint Energy Minnegasco SCANNED Location Map (Subject Property Highlighted in Yellow) Autobahn Motorplex Site Plan Amendment Planning Case 2009-13 SCANNED CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 07/24/2009 3:25 PM Receipt No. 0106049 CLERK: bethany PAYEE: AUTOBAHN MOTORPLEX, LLC 3615 ZIRCON LANE N PLYMOUTH MN 55446 Planning Case 09-13 ------------------------------------------------------- Use & Variance 500.00 Sign Rent 200.00 Recording Fees 50.00 Total 750.00 Cash 0.00 Check 1017 750.00 Change SCANNED RECEIPT 0 CITY OF 7700 MARKET BLVD. • P.O. BOX 147 CgANWENPHONE: (952) 227^150017 RECEIVED OF�j j j C) it 6"491(XI)ATE No. 792$7 AUTOBAHN MOTORPLEX SITE PLAN AMENDMENT - PLANNING CASE 09-13 $500 Site Plan Amendment $200 Notification Sign $50 Recording Escrow $750 TOTAL $750 Less Check No. 1017 From Autobahn Motorplex $0 BALANCE DUE SCANNED