03-2-88 Agenda and PacketAGENDA
CHANHASSEN PTANNING COMMISSION
WEDNESDAY, MARCH 2, 1998, 7:30 p.M.
CIIANHASSEN CITY HALL, 590 COULTER DRiVE
1
APPROVAL OFM I NUTES
OPEN DI scuss roN
Downtown Signage Concepts.
Miscellaneous Zoning Ordinance Amendment Issues.
Preliminary plat anendment of 4I single family lots on lgacres to 51 single family lots on 23-acres of-properiy IoneaPUD-R and located on the west si.a"-"f -p""ers Boulevard,approximately i mile south of u"V. S, aigus oevetopment.
2
3
4 . Review proposed State Enabling Legislati.on.
ADJOURNMEN?
CALL TO _ORDEB
PUBLIC HEARINGS
CITY OF
EHINHISSEN
690 COULTER DRIVE . P.O. BOX 147 . CHANHASSEN, MINNESOTA 55317
(612) 937-1900
FROM: Barbara Dacy, City planner
DATE: Eebruary 26, L9BB
SUBJ: Attendance at March 2, Iggg Meeting
Brian Batzli, Jim wildermuth and rim Erhart cannot attend nexrlilednesdayr s meeting. please contact me as soon as possible ifyou cannot attend, otherwise we will have to reschedule themeeting.
MEMORANDUM
TO: Planning Commission
CITY OF
EHANHASSEI[
!
P.C. DAIE: March 2, 1988
C.C. DATB: March 21, 1988
CASE NO: 87-3 PUD
Prepared by: Olsen,/v
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West Side of Powers Boulevard,one-quarter mile south of Hwy.
Argus Development
1813 3 Cedar AvenueFarmington, MN 55024
PROPOSAL:
LOCATION:
APPLICANT:
Preliminary PlatLots on 15 Acres22 Acres (net)
Amendment to amend(net) to 51 S ingle
approx imate 1y
5
41 Sing1e FamiIy
Family Lots on
PRESENT
ACREAGE:
DENSITY:
ADJACENT
AND LAND
ZONING:
ZONING
USE:
PUD-R, Planned
22 acres (net)
2.32 units,/acre
Unit Development
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rop; chanhassen Business park -z / 2a /cr
RSF; single family '- -ilz'/ E" '
Lake Susan & Chanhassen Hi1ls - --.
RSFi vacant
Available to the sit.e.
The proposed site has been farmedand contains rolling hills.
WATER AND SEWER:
PEYSICAL CHARAC. :
199 O LAND USE PLAN:Low Density Res idential
STAFF REPORT
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Lake Susan HilIs West
March 2, 19 88
Page 2
APPLICABLE REGULATIONS
The PUDfeet or
minimum
sguare
REFERRAL AGENCIES
Public SafetyCity Engineer
BACKGROU ND
The approved 41 lots west ofsquare feet to 20,693 square
Ordinance reguires 50t of the lots to be 151000 squareover with a minimum lot area of 12,000 square feet, alot width of 80 feet and. an average lot Jize of 13;500feet or more (Attachment #1)
See
See
Attachment #2
Attachment *3
Ihe City Council reviewed the pUD concept plan on June 29 , :-gg7,and approved the concept plan as a puD wit-h certain ."nJiiio.r.(Attachment *4). The developer subsequently revisea ttre conceptplan to address the Council, i conditi6ns. tn. pf"nnin;- --
Commission and City Council held a joint meeting on Juiy 27,1987, to review the overall pUD phiiosophy and 6p."iii.lfiy, tt"Lake susan Hilrs west puD proposil . tne city co'unc i i -iecJinmenaea
certain changes (increase outror H ro a rive'acie piiti-iif "9"i.napproved the concept plan as a pUD.
The city council felt that it was beneficial to have the 299 acresite developed as a puD rather than as a subdivision- As a puDthe site will be reviewed as one coordinated developmenl enaUlingthe city to require adequate park facilities and-to'-.uqoii;-foqi_cal- staging of road impiovemeirts and utilities. sin"e=ine-pupwill-be developed in separate preliminary plats, tn" "iiy-unadeveloper negotiat.ed_a -oncept-plan agreement to ensure that aI1of the conditions wilL be proviied foi each phase (Attachment *5).
On October 5, 1987, the_City Council approved Lhe preliminaryg]1t fo1 .76 single family lots on 39.4-icres (ArEa;hment #6).Thirty-five of the singrL family lots rvere locared on tne'eastside of Powers Boulevaid and 41 single family r"t= rr"r.--ioJltuaon the west side of powers Boulevari.
ANALYS IS
The developer has discovered poor soil conditions on the westside of powers Boulevard, speiifically at the end of eji"t--oort.
T!:-d:y:1"per_ i s requesting ro amend Lhe approved p]at-for 4tr,oEs r/rest ot Pohrers Boulevard to reconfigure lhe Iots around thepoor soils and to add additional 1and. ihe propoi"a -
"."na*J"cadds 7 acres of 1and, shortens Egret court cul_d"_.u. unJ-iJa" .second cul-de-sac, pelican Court I
Polvers Boulevard ranged f rota 12r374feet with an average lot size oi
Lake Susan Hi1ls West
March 3, 19 88
Page 3
L5,42O square feet. There were 8 lots (20t) with less than
15,000 square feet and 33 lots (80t) with 15,000 square feet and
over. The proposed amendment provides lots ranging from 12r374
square feet to 45,800 square feet with an average lot size of
15,261 square feet (Iots over 20,000 sq. fE. are counted as
20,000 sq. ft.). There are 15 lots (29t) with less than 151000
sguare feet and 36 Iots (71t) with 15,000 square feet anil over.
Attachment *7 shows the approved 41 lots. Attachment #8 shotrs
the amended plan, highlighting lots that have been changed and
new 1ots. The approved plat had a net density of 2.73 u,/a and
the proposed amenilment has a net density of 2.32 u/a.
The PUD ordinance requires at least 50t of the single family lots
to contain 15,000 square feet or more and that the average 1ot
size be at least 13,500 square feet. The PUD ordinance also
requires a minimum of 80 feet at the building setback line (30
feet). The proposed preliminary plat amendment meets all of the
PUD requirements. In his report, the City Engineer will review
drainage, grading and utilities (Attachment #3).
Lands ca
The park and Recreation commission recommended that a five foot
wide concrete off street trail,/sidewalk be constructed along Lake
Susan HilIs orive which crosses Powers Boulevard and that che
trail be placed on the same siile of the street in both neigh-
borhoods so as to match the Powers Boulevard intersection. The
The ordinance requires one tree per lot be provided by the
developer and, as part of the PUD approval, the applicant pro-
posed increases in landscaping at street entrances and aJ'ong the
LouLevarcl. As part of the preliminary plat approval for Lake
Susan Hills wesi rirst Acldition, the applicant proviiled a
lan<iscape plan showing addiEional Iandscaping along-the western
portion of the proposed p1at. As part of approval for the plat
lmen6ment, stafi i.3 recoirmending that an amenile6 landscaping plan
be submitted which provides additional landscaping for the pro-
posed addition alon| Lake susan Hills Drive and Pelican Court'
Wetland
The applicant received a wetland alteration permit for. develop-
ment iittria 200 feet of a Class B wetland as part of the prelimi-
niry pfat approval for tshe first aildition. The Class B v'etland
is iolateal just north of Lots 7 through 11, Block 2, as shown on
p.g" : of t6e prelimioary p1at. The-applicant is not changing
lny ot the app;oveC lots along the edge of this wetland' AII of
t tr-e lots pro;iale the required minimum of 15,000 square feet and
provide ti're required 75 foot setback from the wetland'
therefore, an idditional wetland alteration permit is not
required.
Park and Recreation commission
Park and Recreation commission arso requested that a park accessof not less than 50 feet be obtained oit of f,ake Susa-n uillsDrive on the vrest side of por.rers Boulevard. The 50 foot wideoutlot is being provided (Outlot B) and the five foot wideconcrete trail,/sidewark will be developed as part of the secondaddition.
Lake Susan Hi11s West
March 3, 1988
Page 4
S UMMARY
Planning staff recornmends thetollowing motion:Planning Commission adopt the
access permit from Carverfrom CR 17 ( powers
The applicant is proposing to add an additional seven acres (oet)to the previously approved 15 acres (net). The plan amendmentincreases the number of Lots from 4I to 51 singl" i".ily iols unathe proposed lots meet the requirements of the puo ".aii"nce.
RECOMMENDATION
'r1he Planning Commission recommendsplat amendment as shohrn on the plan12, 1988u subject to the following
approval of the prel iminarystamped "Received Februarv
condi tions :
1. The applicant sha11 submit an amended landscaping plauprovides for additional landscaping on ttre aadition ofSusan HiIls Drive and pelican C6ur[.
which
Lake
2 The applicant shalI receive anCounLy for the proposed accessBoulevard).
3 A five foot wide concrete off-street trail/sidewalk sha1l beconst.ructed along Lake Susan Hills Drive and tire traif s[aiioe pracecl on the same side of the street in both neigh_borhoods so as to match at the polvers Boulevard inteisection.
The applicant shall enter into a development contract andsha1l provide the necessary financial slret.ies a= pa.t-oithis agreement for completion of the improvements.
The applicant shalr enter i.nto a revised Development contractwith the City to reflect changes to the platted ..". inJ----update the financial security.
The plans shall be revised to include a J.andingstreet grade of 0.5t for a rninimum distance ofto the intersecEion of CSAH 17.
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zone being a50 feet prior
Type IIshaLl be
d ra i nage
erosron control ( staked hplaced as check dams atswales.
ay bales
100-foot
and snow fence )intervals rn all
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Lake susan Hi 11s west
March 3, 1988
Page 5
8 All utiliLy and roadway improvements shalI conform to the
Cityrs standards for urban construcEion.
A revised grading plan clearly delineating the limits of area
with poor soil conditions sha11 be submitted for approval- by
t.he City Engineer.
I0. Plans and specifications indicating details for installation
and supporting utilities in poor soil areas 'ri11 be required
prior to consLruction. The revised plans shall address the
comments contained wi.thin this report.
11. The proposed right-of-ways for Pelican Court and Egret court
shall be reduced to 50 feet in hridth.
t2.
r3.
14.
15.
A more-pronounced drainage s$ra1e sha11 be created at the rear
of Lots 1 through 7 and Lots 11 through 23 of Block I to con-
vey backfot drainage to Ehe proposed sotrm sewer-
AI1 erosion control measures shall be in place prior to the
commencement of any grading. Once in place they shal1 remain
in place throughout Ehe duration of tshe construction. The
devlloper is required to review erosion control and make the
necessary repairs promptly. AlI erosion control measures
shaIl reirain- intacl untiL an established vegetative cover has
been produced at which time removal shall be the respon-
sibility of the developer.
Sidewalk,/trai 1s sha11 be included in the construction docu-
ments as required by the PUD agreement.
The road section for Lake Susan Hi11s Drive and Heron Drive
shall be 35 foot back-to-back.
16. A 20-foot wide permanent trail easement
along Powers Boulevard for Lot 1, Block
17. Lot 4, Block 3 and Lot L, Block 4 shall
Lake Susan Hills Drive sewer and rrrater.
18. A 20-foot utility easement shall be placed
sewer pipe which runs between LoEs 5 and 6
Lots 17 and 18 of Block I.
ATTACHMENTS
PUD Ordinance.
Public safety memo dateal Eebruary 18, I988.
llemo from City Engineer dated February 26,
Ci.ty Council minutes alated June 29, L987.
PUD Agreement.
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3
4
5
shall be provided
2.
take service from
along the storm
of Block I and
1988.
Lake Susan Hills West
March 3, 1988
Page 6
Attachments ( continued )
6. City Council minutes dated October 5, 1987.7. Approved plat.
8. Amended plat.
9. Reduction of plat amendment plans.I0. Application.11. Preliminary plat dated February L2, 1988.
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D. site sha11 be kept in a neat
No uses shall be pernitted in
building setback areasi and
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and orderly fashion i
required parking orE
F Display shalL not be pernitted $rithin 1OO feet of
any residential parcel .
l-0. Truck, Auto or Boat Sales
No vehicles which are unlicensed and
shal-I be stored on the premises:
inoperat ive
AIl repair, assenbly, disassernbly or maintenance ofvehicles shall occur within a closed building except
minor maintenance, including, but not limited to,tire inflation, adding oiL and wiper replacement;
No outside storage or display except vehicles for
sal-e or rent i
No public address system sha11 be audible from
res j-dential- property ;
Parking' setback shall be applicable for car or truck
storage or waiting areas;
No test driving of vehicles on local residentiaL
streets ;
Sha]l- maintain a landscaped buffer 100 feet from anyresidential zoning district; and
H. A11 vehicle deafers shal1 be licensed by the state.
18. PLANNED UNIT DEVELOPMENT DISTRICT (PUD)
A
B
D
E
F
SECTION
5-18-1 Intent. Planned unit developments are to provide
EiE6urage creative site pJ-an-ning and subdivisionsquality through the use of:
for andof high
1 Variety. I,Iithin a comprehensive site design concept amixture of land uses, housing types, and densities.
Sensitivity. Through the departure from the strictapplication of required setbacks, yard areas, Iotsizes, and other minimum requirements, and performance
standards associated with traditionaL zoning, pLannedunit developments can maximize the developnentpotential of land r.rhil,e remaining sensitive to itsunique and valuable natural characteristics .
Efficiency. The more efficient use of land andservices, consolidation of areas for recreation,
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PUD from the point ofthe Comprehensive Lanproposed developnentshall consider the Lo
reductions in
expenses .
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D
District fntegration.are allowed in separate
street Lengths and other utility relateat
be
the
al lorred
Density. An increase /trans fer of density may;:ri:;#';.:t::::";" or the iiti-"iir'i,r"g
A. The area where the density -is transferrecl nust bewithin the pro j ect u..u .ild-or""J'iv"tn. proponent.
B. Density transfer in. single family detached area !ri11be evaruated usins tha ii;.;-ii:iJ=i" section 18_3 (A) . Densiry transfer erigiUie-ioi iu:.tipre family3ffiiir'::":ot permitted to be .ppii"f to 3i',q1"---'
5-l-8 -2 Al1or.red Uses.
wl th the generaofficiaL Comprestandards for ep1an.
5-19-3 Required Standards.
A PUD may include only thosel- Iand use category for thenensrve plan. Specific usesach PUD shall be delineated
other than
shaLL be
S ect ion
uses consistentarea on theand perforraancein a development
Density transfer for other projectssingle. farnily detached a"""iopi"ni-
:y"199!.d based on trre stanaiias-'in18-3 (B) .
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In no case shal1 the overal-l density of thedevelopment exceed the gross density rangesidentified in the Comprehensive pl-an.
The cornbination of uses whichzoning districts, such as:
A. Uixed residential -allowinq both densities and unittypes to be varied wi.tn:.n -trre -p."i""i
.
B. Mixed residential with increased densityacknowledging the greater sensitiviiy of pUDproj ects .
C. Mixed land uies with the integration of conpatibleland uses within ttre proje-i:'------'
Parks and open space. The creation of public open space.3y-P". required by thg city. such pait-"na op.i, ,piE.--shalL be consistent with tire c"^l.En."=ive plan andoverall trail plan.
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The City shaII consider the proDosed
.view of alL standards and pi.pIIII*"rd Use plan to coordinat. f"i.v"!n-tt"--
ll3]l!"_:"Iroundins uses. rhe cirycaE.ron of buildings, compatibility,
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8il5*:3d;':; lil: lll:'-':.."res wirh respect to theefficiency, .d"*u"r"1-and existing naturil r"uiui"i; tn.
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ii5"iiXIi"i":::::-: and screeni.s-;r"".Il.mpatibre r.and uses
A. rn deveropm."a= yl:.::_:ilg1".famiry detached areas areproposed, the folLowing standard"-inurf apply:
1. The average ,:a::i:,. nay. be reduced belo$, 15, ooosquare feet if in the_ "iini"n-"i-c1ty staff,conmission and. council,. tt"-pfJ" ,rr"Ird.= featuresdesirabre to the ciivl,a-ii"iiiil ;
_roa reiow i;, ??:^;?Ii;""t."i-il."i ;:";::ii:""f,"En5"proposal contains itens in tfr"-ii"t below orproposes other -features wtrictt-aii- .L.o above and.beyond standard a"r"i"pr""ni"."ilir"^"r,ts. rn nocase, hor"rever, -sharl tir" i".."g=I -lot size fall, berow13,5o0 scruare feet or ah"-;i;iil* .r.ot size fatlbelow 12 iooo square feet.
fterns
Housing variety tn"lyl:ln differentiation in housingEypes, housing exteriors a"a ff""r-pfun-..
iffi:il::';:Jio"::::11 site reatures, l,etrands,
oNn "i-citv;;;i#:::'
etc' not protected bv the
Creation of park/pubJ-ic areas for active and passiveparr< use or other oubric. p;6";;; ;;;;";= schoors,Rl!,li" buitdings, itc.. wnicrr'r""t tir""iirent of the;i:f . ""u Recrearion ci,"pi"i'-"i-irr"'iJ*il.r,ensive
fnstallation of Dubl,ic i.rnprovernents designed toserve areas beyona tn" pi5j""iHfid;;;.
Installation of off-street pedestrian ways.
A reasonable nurnber of availab.Ie lots are designedtor sorar/energy conservation-rrou;i;;. -.
111!scanine plan shor,,ring additional
fear. yard treatmenrs, u,irr..ing-ili*deveLopnents, etc. , beyond required
boul eva rdexisting
standards.
Preservation of historically significant sites.
trees,
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Other features deemecouncil. rd appropriate by the city
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. $:ti::i=*:::;*I-'::tected bv the Department orwill not u" .o.,,=?
or the city,s w.tru"a-oiJinli""srd.ered for density trans fer.2. The minirnum .i"?_r?_Iulily detached 1ot width is Bofeet at the buiiorng setback 1ine.
'' i3:.3f !ffi.::"?::.ranirv lots must conrain at reast
4. In calcul-ation "M"-1y".age 1ot size, each lotsize in excess "5-_zgaooo-ral;""";.:i sharl becalculated ro contain ""rv=iol6.o6=fi.ru." r".t.5. Lot sizes adiac"ll !: existing developnenrs shallapproximate in 1ot size and lot width.
fn developnent wherdetached liii"t"IIi"_uses other than single familya densiry i;;;=-il;-,.::-e proposed, the ci€v .iv-"ii=ia"t
;:::"r.:*";:i{lllE]i"u;:5=oL:";. ffi 'l:*i":}:;
--=.
lowLands, -"""i.a"iilrar site features, hletrands,or city ;.;i;;;;.;';eas' etc' not protected. bv the DlrRactive- park ;;-;;' ";il::.ili, :: i::ljg:":.,:-;,;;; ;;;schoots, public buildings, "t.. i,irilrr-ieet tne intent
!i:ii"riiil,iti, xi"ri";lii* $ru:i":i.il,":il*iFu ;.
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i;rr **,,,::g+ i*iT:lF #*Ti H'tr.eatnents,.buffering f.", "*i!ii;; ;;;:beyond requir"J -sii-no..a=. lopments, ect.,
C. fn any pUD, no cl,eapernitted. Shadesha11 be saved un
tr
1e ss it can be dernoni
r cutting of r"roodlandees of six inches o trated that
r more cali per
the re
areas shalL be
].s no other fe asi.bI e way to devel-o p the site. Thecouncil na v regu i re replacenent of any renoved trees ona cal r-per r-nch per c aliper inch bas r.s. At 1east cnetree per 1 ot sha1l b e incorporated ].nto the plan, suchtree sha1l be a rnini mun of 2 calipe r inches.con i feroustrees shaLl be a nin J-mum of 6 feet rn height.This isnot to precl ude the removal of dise ased or dea d trees.5-18-4 Coordinat ].on i\ri th Subd ivision Re ulation ubdivisionLew Uncler the sub division reguLation s shaL l, be carr ied
S. Sout sirnultane ously with the r ev:-ew of a PUD. ThE plansrequired unde r this chapter s hall be sub nitted in additiontoorinaforn r.rhich wiII s atisfy the r equirements of therdinance for thsubdivision o
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e prel .l]ntna r y and final pL at.
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5-Lg-5 Control of Planned Uni t Devel
Fo 11"owl-ng com pletion.ent Durin gco nstruct ion and
1 The use of the Land and.the construction, rnodificat.ion:I 1]t.Iulion. of any- bui,ldings ". .ii""I".es shall begoverned by the final develolrnent pI;;:-
After the certificate of occupancy haschanges shal-l be nade j-n the ;pp;;v;;-plan except:
2.
5-18-6 procedure f or Pr oces s r nq a PLanned Un it
been
final issued, no
devel opment
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A. Any ninor exten=ig.., alterations or modificationsof existing buildings o. =tr.rcirrel-nay oeauthorized by the- city elanne. ii-ifr"y "."consistent with the. purpo""i ""J-i"I""t of the final
1'1T:.- _I"-:h"Isg. autirorized. ty iiri" -.""rion
naylncrease the bulk_of. any-building or struct,ri"- fymore than ten percent (1OU ).
B. Any building or structure that is totalLy orsubstantialLy destroyed nay be reconstrultea only incompliance vrith the tinat ievelop.".,t plan unLess ananendment to the final develop^".rt ptai is ;p;;;;;.'
C. changes_ in uses, any rearrangement of Lots, blocksand buil-ding tracts, changes in the provision ofconnon open spaces, and aLL other changes to theapproved final development plan may be made onlyafter a public hearing condircted fir trre elanniniComrnission and upon finaL appro.r.t-ly the cityCounciI.
If j.n the-opinion of the city, development has notprogressed reasonably well according Lo the approvedschedule, the developer shal1 be re{uiieo to submit astatement to the city setting forth'..i.o.,= for thelack of progress. rfre ptannj.ig c"..ir"i"n rnay initiaterezoning to elirninare the puD z""i;;-;i;"=ifica,i;;-i;it finds that the devetoprnent fras n6t-occurreaaccording to the adopted schedule, it shafl not benecessary for the City council to. find that therezoning to a pUD was,- in error.
The construction and provision of
9pen- space and public improvementsfacilities which are shown on theplan nust proceed at the same rateof dt^/el-ling units or other private
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alL of the commonand recreationalfinal developmentas the constructionfaciL ities.
DeveJ-opment:
Preappl icationappl"ication forconference with
Conference. prior to filing anPUD, the appJ.icant shall aite;d athe City. The primary purpose of the
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3) General location of major streetsways .
4, ceneral t6cation andopen space.
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and pedestrian
extent of public and comrnon
conference shall be to,provide.the applicant with anopportunity to gather information u.,h'oUt.in g"idun;"on the general rnerits of the proposal i"a it=
:::.1::Ti!y tg lrre. provisions -"t ti,i=-oilinance beforerncurrJ.ng substantiaL expense.
General Concept plan.
A. The General Concept. plan provides an opportunity forthe applicant to iubrnj-t a plan a; ii;" bitv .n"ri"g--the basic intent and.the gi.r".ui -rrJtire or theentire_development withou€ i";;.i;;-=ubsranrialcost. The plan shall include the ioifowing:
1) overall gross and net density.
2) Identification of each lot size anat tot width.
B
5) Generai location and type. of land uses andintensities ot aevetolin-""t. - --"- -'
6) Staging and tirne schedule for deveLopment.
7) The tentative written consent of a1I propertyowners within the proposed pUD shall be filedwith the city befoie tn"-rt"ii Ioii"n""= review.Approval of the concept staterneni-'strall, notobliqate the city to ipprove -ifr. -tl""r plan orany part thereof or to rezone the-property to aplanned unit deverop*""t -i=i.i"I.'in" ti,r,uracceptance of l-and uses is suUjeci io tnefollohring procedures.
scheduLe .
L) DeveLoper meets with the City staff to discussthe proposed developments.
2) The applicant sha1l fileapplication and conceptsupporting data.
the concept staqepIan, together with aIl
The plannj.ng Conmission shal,I conduct a hearingand report its findings and nake recommendationsto the city council. Notice "i-tf..-n."ii"qshatL consisr of a regaI propeity"j""Iiiptio.,,description of request, and be published in theofficiar ner./spaper at reasi a;"-iioi-;;|s prior
3)
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2.
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The Developmentlimited to:Stage sha]l inc]ude but not be
1) A prelirninary plat and inforrnationthe city subdlvision ord.inance.required by
2)
The applicant shal1 file the development pLans andpreliminary p1at, together with "if
'-""ppoit j.ng aaia.
With.the appropriate-notifj-cations, the planningCommission shal-1 conduct the trearinq-;n the
953-lilinarV-plar and the rezonj.ng aia ieport itsrr-norngs and nake recomrnendations to the CityCounciL for their action.
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to the hearing., !,rritten notification of thehearing sha1l be rnailed at ieast'ten (10) daysprior thereto to o$rner= "t iana -witniri-iirl-, -
hundred (soo) feer of the b;";J";y of rheproperty and an on_site notification .iq"erected .
4) Following the receipt of the report andreconmendations from the planning Conmission thecity council sha]l considei in"-'i.opo=.1,. If thepl-anning Cornmission fails to maX! a reportwithin sixry (60) aays after i"".ipt "i-if,.application, then..th6- city councit- rnay pr-ceeawithout the report. fne Councii iay approve theconcept plan and attach such condil:,oir.s- is-ii--*deems reasonable. Approvaf shali-requir" i iisvote of the entire council.
Developnent Stage. FoIlowing general concept approval ,the applicant sha11 subnit_ tn"-a""ei"piJnt stageapplication, prelirninary plat and fee'. ir appropriatebecause of the 1inited.3"if" "i irre-pioiosa:., tfreconcept staqe and oreliirinary pran =iig8= nay proceeds inul taneous.Iy .
A
B
c
Approved development plan drawn to a scale ofnot less than one (1) inch equals one hundred(100) feet containing at lea;t tne iof iorvi.nqinforrnation:
a) Proposed nane of the developnent.
b) Property boundarythe property andtopographical orproperty .
lines and dinensions ofany significantphysical features of the
c) The location, size,including height in use and
s to ries a rra ngement
and feet and
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3.
J
ofpr
w
1
I
I
r
r
(
total square feetand floor area ofexisting buildings
any.
ground area coveraqeonosed buildings, aiohlch will renain, if
d)
e)
Location, dimensions of alL drivewavs.entrances, curb cuts, parkint ;t;ii;;'loading_spaces and acc-ess uiir.., -a"i urrother circulation elements i""t "iri"q-Uii"and pedestrian; and the totai ;i,;";.;:;"s.of aL1 circulation elernents.
Location, designation and total areaproposed to be conveyed or aeaici[eJ rorprivate and public open space, includinaparks,. playgrounds, lchooi =it.=--u"J--"'recreat:.onal facilities.
The location, use and size ofother Land uses located withinthe property boundary.
f)
s)
h) Location,
sr-gnage.
i)
structures and200 feet of
I
1
A natural resource analysis identifyingexisting vegetation areis consisti;;-;;forest and vrood lots as wel1 as wetlands andwetlands vegetatj-on; tfre geofogy;-;i;;;soil and groundwater characteristics of thesite; existing Iakes, streams, Donds.oralnage shrales, runoff settlinq areis - andfLood plains must re identiii"Ji "iliili= "rthe rel-arionship of tr:e propos"a i"I'ii'trr"exisring naturai condiriins' ii=t"i"IuJi".
Also, a proposed landscaping p]an, including
1:"::l:l of exisrins pLanrs, idenrificationor specres, caliper size and u....g-. --'
r1
type and size of aIl- graphics and
nurnber ofand expected
T
II
T
I
i
3)
Any other information
. that nay have beenrequired.by the plannj.ng comnission ""-"council in-conjuncti.on riith in"-.ip.I".r "rthe general concept plan.
An accurate legal descriptionwithin the pUD for r,rhich finalapproval is sought.
of the entire areadevelopment plan
A tabulation indicating theresidential dwelling unitspopuIaE.lon.
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L
4)
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H
:El
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H 5)
6)
7)
8)
e)
A tabulation indicating the grossfootage, if any, of comrnerciil anafloor space by type ot activiiy.
Preliminary architectural,,typical,, plansindicating use, fLoor pr"", -i,i""Iii"Ii-lna
exterior wa11 finishes-of propo..a-U"ifai"g,including manufactured hornls. -
Prelininary grading and site al-teration pLanillustraring changes.to existing-iliJi;uprrv
""anatural site vegetation. rhe pian !n6"iaclearly reflect the site treatinent u"a-it=confornance with the approved "on".pi-piun.
A Soil Erosion Control plan acceptable towatershed distri.cts, Departnent if NaturafResources, Soil Conservation Servia", oa .rryother agency with review authority "i.iify
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illustrating erosi.on control measures to be used.during construct j.on and as p"araa,"rri ,a.=rra"=.
Protective covenants and Honeowners Associati.onbylaws.
The City nay request additionalapplicant concerning operationalexpert testinony at the expenseconcerning operational factors.
square
industrial-
infornation from thefactors or retainof the applicant
D
SECTTON
5-19-1
4. Final Stage. Foll,owing prelininary plat approval , theapplicant sha11 prepare ina submit tie tinii prii'a"a--execute the developnent contract prepared by the citv.If appropriate because of the linited ="it-.' oi--IirJ- -, '
lllp?ii-I I the pretiminary and final plats ,nay-pio""easrnurEaneously. The City Council sha11 then c-onsiderthe subrnission for final approval and ."r""i.,t-fo----P.U. D.
19. FLOOD PLATN OVERLAY DISTRICTS
Purpose. A distrj.ct to provide for the protection andpreservation of water chinnels and those portions oi--itr.adjoinins flood nlains-whi.ch "." i"t"ii.a- to cariy-ini"-discharge a reqilnal. flood and are s'ubject to inundation bvresionar froodi. rt is rhe int""l-oi-Iili= ai.t.i";-;;-;" ",appJ"ied to those areas which if left uniestricted couldresul-t in loss of tife and property, n"iftf, ;"J-;.;;;;-l::::9:l d_is5untion of cornmlrc!, "tiriti". and sovernmenralservr-ces, extraordinary public expenditures for-fIooJpi.i"-protection and retief and irnpairmlnt or the tax b;";:-i;i;district is created and applied i., .."oroonce withMinnesota statutes, chapt-eis foa ""J-aej-
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CITY OF
EHINHISSEN
690 COULTER DRIVE . P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317
(612) 937-1900
MEMO
T0:J0 ANN 0LSEN, ASST. CITY
FROM: IiIADDEN, FIRE INSPECTOR
0ATE: FEBUARY 18, 1988
PLANNER
SUBJEcT: LAKE sUSAN HIEIs-[lEST 87-3 PUD
Upon revi ew of the site p lans
Lbave,found them to meet thefi re code.
for L
requi
ake susan tli lIs
rements of the
If you have any questions, p lease ask.
,rt?
tw
CITY OF
CHINHISSEN
MEUORANDUM
TO: Planning Commission
FROM: Larry Brown, Staff Engineer
DATE: February 26, 1988
SUBJ: Preliminary Plat Lake Susan Hills West, 2nd AdditionPlanning File 87-3 PUD, Algus Development
The applicant has submitted a plat amendment for the west half of
Phase I of Lake Susan llil1s West. The PUD eras approved by theCity Council on October 5, 1987. The plat received preliminary
approval on October 5, 1987. The amendment which adds approxima-tely 10 lots to the subdi.rision and identifies the west L/2 asthe 2nd addition results from the extremely poor soil conditions
which were revealed during soil boring tests in the rear of Lots4, 5 and tots 15 through 24 of Block I. Use of previous plan
would require that piling or other corrective measures be takenfor construction of the proposed house foundations. The revisedplan addresses the issue by adjusting the 1ot lines such that thepoor soils are located to the rear of the above-mentioned lots.
The soil borings report indicates that soil corrections for theproposed house pads may still be anticipated, however, thecorrective action required will be less extreme and thereforeless costly.
Sanitary Sewer
Revisions to the sanitary sewer plan are limited to the extensionof an 8-inch diameter sewer line into Pelican Court. The
remainder of the sanitary sewer plan remains as originally pro-posed. Due to the cl-ose proximity of the watermain to the sani-tary sewer line along the common 1ot line of Lots 4 and 5 ofBlock 1, ductile iron pipe will be reguired for the sanitary
sewer in this location to meet. the requirements of the llinnesota
Department of IIeaIth.
Wa terma i n
As per the requirements ofIacions verifying adeguate
Lhe prelim:.nary plat approval, calcu-pressure and flow conditions were sub-
690 COULTER DRIVE . P.O. BOX 147 . CHANHASSEN, MINNESOTA 55317
(612) 937-1900
lt
Plann i ng
Feb ruary
Page 2
Commission
26, 1988
mitted for approvat by the City Engineer. The revised plan hasadhered to lhese calculations by looping the proposed 8-inchwatermain from Pelican Court to Egret Court to ensure adequatepressure and flohr capabilities.
The gate valve proposed at the west end
moved to just hrest of tshe proposed fireeliminate a stagnant water condition.
of Heron Drive should be
hyalrant on Heron Drive to
Revised plans and specifications which address details forquately supporting the utility lines in the areas of poor
conditions, should be submitted for approval by the CityEngineer. The revised plan should clearly delineate the
where poor soil conditions exist.
aile-
soil
areas
Roadiray
The plans propose a 60-foot right-of-way for Pelican Court andEgret Court cul-de-sacs. These right-of-ways should be reducedto a So-foot width to be in accordance to the City standards for
urban construction. Lake Susan Drive anil Heron Drive shall
rernain as 60-foot ri,ght-of-ways and the street section shalI be
increased to 35 feet back-to-back on those two streets.
The revised portion of the plat proposes a maximum street gradeof 3.4t as compared to t.he City's recommended. standard of 7.0t.A 0.5t approach or a rninimum distance of 50 feet wilL be requiredfor the approach onto CSAH 17 (Polvers Boulevard).
The PUD agreement calls for the installation of a five (5) foot
wide concrete off-street trail sidewalk along one side of all
internal streets except cu1-de-sacs as a part of roadway
constructsion.
D ra i naqe
The drainage for the west half of the plat flows to the drainage
swale which is to be constructed along the $rest side of Powers
Boulevard and the proposed ponding site located north of Lake
Susan Hills Drive. The drai;rage swale and ponding site meet the
requirements for a 100-year storm event, however, since the
ponding site is located "off-site", proper easements sha11 be
obtained by the appl icant.
A more-defined drainage swale should be created. at the rear of
Lots I through 7 and Lots I through 23 of Block I to keep
drainage away from the proposed house pads of Egret Court. It is
recorunended that the drainage plan, submitted for final plan andspecification approval , utilize t.he proposed storm sewer struc-
tures in that area to diain these back lot areas.
Sidewalks
Plann i ng
February
Page 3
Conmission26, 1988
majority of the site to be graded.be reasonably within the 3:I slope
Check dams (Type II Erosion Control) should be placed at I00-footintervals in all drainage swales. In addition, staked hay balesshould be placed in front of all storm selrer inlets. an iccep-table grading and erosion control plan clearly shovring a detailfor Type II Erosion Control (staked hay bales and snoi fence)should be submitted with the coostruction plan and speciiicationsfor approval by the City Engineer.
Ea s emen ts
Grading and Erosion Control
The plan again calIs for the
The proposed grades appear tocriteria.
A 2O-foot utility easement should be placed overstorm sewer pipe which runs between Lots 5 and 518 of Block 1.
the
and
propos edLots 17 and
Similarly, easement documents over the proposed drainage swalealong the west side of powers Bou.Levard and ponding siie on theaCjacent property to t,he north should be provided io the City for
?gproval by the Cicy Engineer prior to final plat approval . A20-foot permanent traiL easement shalI be provided ilong the westside of Powers Boulevard, i.e. Lot 1, alock 2.
Recommended Condi tions
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2
The applicant sha1l enter into awith the City to reflect changesupdate the financial securi ty.
revised Developmentto the platted area
Con trac t
and.
The plans shall be revised to include a landingstreet grade of 0.5t for a minimum distance ofto the intersectioD of CSAH 17.
zone being a
50 feet prior
3
4
5
6
Type II erosion control ( staked hay balesshal1 be placed as check dams at lO0-footdrainage swales.
and snow fence )intervals in a1I
All utility and roadway improvements shall conform to theCityrs standalds for urban construction.
A. revised grading plan clearly delineating the Iimits ofr.vith poor soil conditions shall be submitted for approvalthe City Engineer.
Plans and specifications indicating details forand supporting utilities in poor soil areas willprior to construction. The revised plans shaltcomments contained within this report.
area
by
installation
be regui red
address the
PIann i ng
February
Page 4
Commission26, 1988
The proposed right-of-ways for pelican Courtshall be reduced to 50 feet in width.
7
8
9
and Egret Court
A more-pronounced drainage swale shall be created atof Lots I through 7 anal Lot.s 11 through 23 of Blockvey backlot drainage to the proposed sotrm sewer.
the
1to
rear
con-
measures shall be in place prior to thegrading. Once in place they shall remainthe duration of the construction. Theed to review erosion control and make theromptly. A11 erosion control measuresuntil an established vegetative cover hasich time removal sha11 be the respon-eloper .
A11 erosion control
commencement of anyin place throughout
developer is requir
necessary repairs psha1l remain intact
been produced at whsibility of the dev
10. Sidewalk/trails sha1l be included in rhements as required by the pUD agreement.
construction docu-
11. The road section for Lake Susan Hills Driveshal1 be 35 foot back-to-back.and Heron Drive
12. A 2o-foot wide permanent trailalong powers Boulevard for Lot
14.
13. Lot 4, Block 3 and Lot 1, Block 4 sha11Lake Susan Hills Drive sewer and water.
eas emen t1, Block
shall be provided
2.
take service r-rom
A 20-foot utility easement shalI be placed along thesewer pipe which runs between Lots 5 and 6 of BlockLots 17 and 18 of B1ock I.
s torml and
, A.)
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City Courci 1 t€eting - JurE 29, 1987
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I
Barbara Dacy: rhe prans that were dated June 26th in your packet reflect. themost recent suhni ttar by the. appl icants in response to -tlE iranning conmissionaction on June r7th. r'-m goinj'to i;;;t coiinents bried because r knoe, tieappricants. have a presentation that tlrey woutd like to give to tt - c""*ii.To summar ize the changes ttrat ttrey trave made, in your oiiginar. staff Report itwas noted that there were a number of lots or t should s.f th"re weren'tenough Lots size L5,066 square feet ard above and the appiicants tn.re !on"back ard corrected that so approximately 57? of the loii are ii,ogg "di*feet or above. rherefore, their overarl- square rot size has increasd also.secordry, the major concerns of the pranning conunission r.ras the *...irrgyclion in density. the original zoning plan anticipated u cert.in uroountof R-r2 ard R-8 ard tlre proposal was to r&uc.e apg:roxiiratery :s acrl; to theR-8. zoning. Ihis plan rlffects, if you look on Outlot D, originally that r,Esdesigned as R-4 arrl now they are prolosing that as R_8. Outlot D isa[proximatery 10 acres in size. Another comment from the pranni.ng commissionwas to make sure that the recommerdations from the park ard Rec dmmission
1tI9 bins met and the plan tiat you see here proposes IErk space on outlot F,outlo: cr outroE H proposes concrete sidewalks ar6ng tte irrteiior stie-el anoan u r@E brtumlnous path al.ng the west shore of take susan. the bituminouspath is to be rocated within ttre acreage that is supposed to be ded icaleo tothe city. Arso, the wetland area in o:trot e is alio proposed to ue aea icateoto the city. Another concern the planning commission iaa-was to roor-]I trresite plan for sensitivity to natural feat-ures. night now u *ulo.iiv"oi-tt.site is rnv, cornfields ard being used for agriculiural proauct-ion. 'ft-do",
contain steep sr-o[E areas ard the shaded ar"as are sro$s in "*"."" or Lot.A remaining concern that staff has is location of the cur-ae-sac at irl eno otBlock 11 here. rt rooks like according to your drawings wourd be enclJacninginto.the rG? slope area. we would want to look at tha[ in a ritt].e ;it;"."detail ard look at the imlEct into tie adjacent wetland areas. other-- '
sensitive areas are up al0ng tl)e northeast corner of the site uaiu."nt to lakesusan park where there is a pocket of existing vegetation. rtri""piun-ui*reflects proposed lardscaping pran. AnoEher comment identified by-G--
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26 fi1
REZONING REQUEST TO REZONE 2 ACRES OF PROPERTY 'ffiffii3ffii"*#-*#cr,*ffi fuiffi #'"ffi tu-ffi ffi
Mayor ,amilton: Do Council members bave any problem with this? It,sadjoining BF District that r,yre zoned.
councirman Johnson: rt r*s unanimousry approved by the pranning carmission.
l,layor Hamil ton moved, councitrlil Gevirrg seconded to aFprove the EzoningRequest *87-2 to rezone ttre _entire two -acre pui."r ot -grroperty-1o";aJ'lt
tnsoutheast corner of fir2rz/t6g frorn A-2, agriiuiiurat estaie t6 sE, B;in.""Etinge District. All voted in favor .iA- rirtion *rri.a.
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6) ,l c)L/* r)
r Planning Commission. Itrey. are proposing a rear and side),ard treatmentsthrough to the site as it is ""i=ti.g ;;;-;*, agricultural field. It issoins to be difficult ro veseEare rd ;;;.' ti*r lrrat, i;;;;-il planninscommission recommendatior i-n front ; y;;:- rL applicant has suhn i tted thislevfea pran to attempt to address "r";-;l 6o". -n."rns. rhe councir needsto direcr rle appricant as to wherher .;;a'u=y feet tl. pi"p"Jir" " ".ro
and whether or not they shourd proceed-lo-iil"'n"*t stage of puD al'licationprocess ' rf not, then a straight subdivision apprication can L-!6ii"a r"..
Mayor ,amirton: ftre appl-icant gave me some letters that he had received and rwas worrcering if you cru]d, I k.6* ore aonjt-noinafry rike to Lv"I-irt """ingttris is the conceDr "l:ll. gr! the-se in yor. -iif"
for this particular project.r betive these ar6 conmenri rrom rocai- il;;i*.
Don patton: l.tr. Mavor and Council, as a part of the growth of Chanhassen youneed a good employmtnt- _base. y9, nJ a- fi&'reta,_base ard you need a goodresidential base. werre proposing the aev'e1illent, 299 acres of residentialdeveropment. t was carvld ;ra;i G ;i;;il &. Grrrt, projecr from someyears back. the owners of tne lana ar" i,.r-.-'ior,:.gnt. ur. Tom Reeves, Mr.Mike Forbes and Jim r.amsor. .I bring tfris lo ife Councit. Ihe single familylots as we wirl oo rhrough, rrr";;n;;;;; " pr:chase agr"e^eni by .roeMirler construction reoresented by non oaliJ lna aob count. we thinri that wehave done a sood 'iob in planning'tht;. ;;'h";.".n-r9t the requirements of the puDordinance. r $7ould like to i.t."ar* ll..- ri",'="i fr who will make apresentation -
Jim Hill: Ihe picture that is on the monitor now represents the oriqinaLapplication' Bv the hanks t". tr-- p..tr...ni"p ia i" "airt 3g0 acres. some 893dwelling units consisting. of both -n uf ti_f"*l-f v ani single family detached.Approximarerv harf arxl hil f. witi, u*-iig;&-iensities arorg powers ardadjacent to the rndustri.r p.rr. ina-a_*l'.,ir., #r. to tlrc north. since theapplication ani reviewing wi*r ttre
-pai'-&]ril illi.n arri staff, the parLershiphas made a modification 6f .thut piJ- 'I^ ;..;; are reivewing represents theIatest laftl use plan but.!his_ i='. .&i iilrtii oa ai* Iard use plan whereinthe park ded icat-ion and the a"n"iii." r,uuJ#n moaitiea to ref lect the R_8densities givins us abou.. a.5B in"t.iJii oiE.., densities. nefrecting theadditionat 8 acres of oark tnrt ,i"-i"qri;"i";; the park Comrnission.Addressing their issuJ with regard t. =."""J.i'tr,at is it a puD or is it nor aPUD' rtre proposal on this puo i= to pr;il;; some 933 dwerr ing units inclassifications of R_I, R_4, R_g ana i_fZ. C,en-eruffy t}re multi_family areagarnst powers and aqainsr rhe Indusrriai .rirL fti" puD ffi;:,;'=::';il""natural features of tlre 300 acres. n,o* *. G. sIoIEs, the wetlards, ttreexisting tlees and existing .oua iy=t.. -tf.,l? i!' r.r, .nA through the 300 acres.rn addressing arr of those corditi6ns .,ri ;Il ^Jt u,o". naturar features,rncluding take Susan, we have come up;iH;t. arrgnment of the roads. Ihenumber or cur-de-sacs don't differ rri. ri," iri'tr,.r- ""= ;;;";; .lil"-'a
"".."
aso' the cur-de-sacs srilr. stav because ue rana-rras ;;J[;;;; ]ii=d" .r._de-sacs recognize those slnes- i.,a .."ognir" ii" o.rrnug. u..u.. Alonq wit}1that' cpnsideraEion for euo, eranned unit oeveropm*t oia i.."1. oi'dlnh."""n,iE gives rhe deveroper tir" "pp.rlrriav'i" il.i'i"t sizes. The puD says ard itspecif icauy says thar rot "i'r.=,
-iGr. i",iiiv^r.=idenEiar homes, ca-n bevarid within a pUD if it meets ih"t; ilIil;,=. The dara thar has been
City Council t4eeting - June 29, l9g7
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27
244
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suhnitted to staff meet those standards and r appreciate that when you take aresidential prat, whether it be a stardard sundivision or a puD sudivision inR-1, .yourre going to see very little change because what you're doing ismeeting a PUD ord inaocre that says you're varying the rots. rn the 360 acresthe reason for the puD is to vary the lots aird irary the larri uses so that wecan achieve ard stay witi t}te natural forms that are on the site. Recognizingrake. susan. Ecogni ze powers Blvd. that goes through the area incruaini auof tlE rdetrarrls. rtre recommendation by tre parr corim ission cal.cr:rated inder
-the lark requirement of Chanhassen ttrat rg acres sharr be given and that willbe the requirement of *E 3go acres ard the 930 awelting u-nits. rn theircalculation of 33 acres, they gave credit to the Ig acre! here, the 7 acresalong -rake susan totally 25 ard that's the reason for the change where rre addan additional, 8 acres of park. tfder the proposed pUD aryi that g acres ishere adj acent to the residential high ard 3 alre parcel adj acent to the R-4 inthe single family.
City Council t4eeting - June 29, 1987
Counci Iman Bo].t: Could you go through that one more time for me. WtEreyou're havirg your parks.
Jim Hill: Park requirements of Chanhassen shall be the number of dwellingunits times 2.8 people per dwelling unit times ttre number of dweUing unitsdivided by 75 ard thatts tl1e nurnber of acres you shall provide. That's 33acres. TtE Park Comn ission looked at a proposal of some 50 acres of open
space proposed in the pUD and said of that 52 acres we shall credit you 25.
25 consisting of the 7 acres along take Susan ard the 18 in the soutlwestcDrner. Along with that southvrest corner we had proposed and provided a park
layout to the Park Ctmmission ard they accepted it. Ballfield spaces, soccer
and skating, totlot and future tennis. 25 acres of the 33 required was
credited against the 52 so an add itional- I acres rqnained...
Counci Iman Bo}.t : I/ihat I s this open s[Ece noer? O]tlot c and Ottlot H?
t-
Jim HiI13 A11 the green on this site. The 18 acres in tte southwest, the 8acres in tlle northrrest arxl the 2 V2 acres in the center and the 35 acres inOutlot E being tlre lower wetlards or the corridor to take Susan ard the 7-7V2 aaxes along Lake Susan comes to a total of 62 acres oy 2LZ of the site.
Part of the proposed PUD, arrl I think this was explained quickly to the
Planning Commission is to provide additional landscaping. the builder has
agre€d to allow the streetscalE, arourd other subdivisions you would not haveadditional planting within the streetscape over and above one tree IEr iot.
You would not bave additional lardscapirg in the streetsca[E as you drove downthe street. What. the building is proposing to do additional plantings in thestreet, adj acent to the street boulevards anl that is represented by these
clusters of greens tiat you see along and throughout the single family
detached lots. tb will provide alproximately a $65,960.66 budget for that
lardscaping throughout. Or'er and above that the multi-family, a Iow averagefor multi-family \rould be approxinately $530.99 per dwelling unit ard that
r.rould constitute against the 560 dwelling units of multi-family for aEtached.
That $rould be another $2sg,OqU.Og in larrlscaping. Part of tle proposal ard
agreed on by the Parks, tlEt the developer shall provide and build the
pathvra]rs ard the sidewalks within the street. That is approximately 3 I/2miles of concreEe sidewalk arfi/or I foot bituminous. ttrat will be buit and E
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City Courrci I lteeting - June 29, l9g7
clnstructed during the phases of the ptJD- rn conjunction with the puD, thefI'Igg= sharl also grade t.'e parks. thatis some 33 acres. The 18 arrr I forsome 26 acres. we have- proposed a park layout for th" ;;;A*;; nlr*], :.,acres. That was qenerally approved- by the- parks Crmnission. tte.JJulrop"rhas -agreed to gra6e the access road, fhe balr diamond and the soccer fierd ardseed ard produc= cover on tle distuiuea "i"i".' rt orE clcunted au those puDsiy:.^g': in this puD, one could cpme t itir u nu*o", in excess of a nornars:bdivision of some S4g0.g6g.gg.- lf v.-Eia""t rike tipse num;;; ;;. yo,just said James, fiqures don'r rie bu'f ri;;;- Jo figure. rf you just rooked at
-the
plrD.that ttey ar-e p_r_oposing .rri;y;;rirsett orrer an] above what isproposed is some $66,9s-o.gg ti $es,sgslsi ii -sireet--randscaping
in the singleftiry.."Io: park gradins q. tt _turre ;t-'iss)sss.ss Eo $6s,oga.oa anr trre 33acres that is acceptabre<zedits .for tt. p.irl'which i.q o*-r,uii- oi6" g.*nspace that you see in a pUD, of tle 33 u.i.. o"fy ore_half of it will beqedired against thd s415.00 ti,ut voo
-rooia nJimarry accept anl requi re if norard was given so that's another sTgg,dso.ig. - 'so you courd count &er a thirdof a million in ttre puo that is .itri'ln ti,"ir eyes over and above a normalsubdivision. The take Susan west -;r"ity; a neighborhood of mixedhousing, ungladins lands, rots-of ;;;;'";
"ccess to the take susan,pathways anr parkwavs arrl avai rabrJ p".E--#i ale graded ard useabre. That,sthe PUD and the devdtooer-is gVi"S fo-elo,riil.: a n"ignoorhood of peopte tharcan function within irserf ard lia; G'-i..iir"" trEt are there e, ithourdestroying and goins to tt. "o"ri" ciid;;;il systsn of pranning.
Don Patton: fhis is the cur-rent zoning that werre conform ing to. you see theR-I2, single family here and over i;- ri,.;'G; ;"r.. the R_8 is in rhis area.Again, e'etre chanqino tl* arrangement of ttit. some of this is outside in ttreA-2 we would be r-ook-inq at. rezo--ning th"1. -A; MUSA rine is this rine. Dosome density transfers
Tov ing trraf i.,to -u* ,llso ri.=. From the stardpoint ofphasins, it's a biq orojecr ;J;rl;;i;L":i o" buirr ar once- wrni we,reIooking f or is, in- rrving- to figure o;a-[h";ir.al topographyl you,ve gor aline tha r soes basicailv-r,<e triis.- ,hi.*1"..i;i.9 back towards the Riley_hrrgatory Creek area .q^qr_= ".*
-a."J"i'g?'lr"
west into a differentWatershed District. thi-s is a natural bou-ndary for the west phasing. Ihis isthe rine rhat we defined -* pr,.*-r "i G'!l=t "ia". The phasing ihat we,retookinq at is in rhe singre famity on ttre-rM'"ia", - ti,"'",.I.t.i.#.".ift.
""aasain if it doesn'r serr ius not-";;th ;J;i;;rs, are gss,qso.qs to5L4q,006.00. er the eas_E- side we,-re-Io"ki;;;I $L4o,aog.gg to g2zs,sg6.@s Eo$250,666.66. ff you've ever been down aIffi G f.f" you,Il see thedesirability of a rot of Ehese roEs- ;-."i"ri.l the development we lrourd belookirs at phase I h .*^-ninn in.o*" norlii! iroject "il G;;;r1l"i..o..,this would be phase l. Developing t" th" ";ir6; phase 2, again phase 2 here-phase 3 here. phase 3 down here. -o'r. or tr'," 1',in9s that we see in definingthis and trying to maxi_mize tire, Eopography unJ-tur.urn in this deveropment isto define tl* multiple size so tnose lan dr". t" marketed f*;;i;;;;:,,*construction. we,re Looking ar covenanrs. a tign i.r"f-;-;#il".il".. rhehomes in here wourd be wood- arxl masonrv. ri *neii:ne .*rJit'p",i"tTJJ.=
"o;"",i: H'[,.:Xu't""ilTlil3r$"rt.%nJ;;,.1u".proua ro rive i*.,5-"Ji"Iiins you
Counci Iman Geving: vihat was the price range on thaE Don?
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City Courci I tdeeting - June 29, l9g7
Don Patton: fri which one?
Counci Lnan Ceving: In nunber one.
tbn Patton: We're Iooking in the gl40,0gO.OA to $Z25,q6g.OA. Ore of thethings that we've dore, ,1f we can prr.r scrne more of rabbits out of here. (Mr.Patton then showed a sride presentation showing the different rrouslng slyresthat Je Miller construction buirds.) ns a part of our partner=t ip in-itegtalttasse-n cornmuni ty we met with a iot of ttie business fupte, M..'J".o..Carlson from United l,failirgs.
Jerome Carlson: Don talked to me a week or so ago and ere went over about whatyourve g_orn over r suspecL what interesLs our ctmpany ard me is that we havea-lot -of- employees, as you knorr, who really have a -hart time findintaffordable housirry, maybe any housing, out here. r bel ieve that this wourdsignificanEly help fiII a need for orir employees. It would be moreaffordable. It $rould be cornrenient w itfrout i aouUt. I also bel ieve that it
Igrl9 be a selling point for new employees, which we are having aifeicuityfirdirg. We constructed a facilier in-Little Falls anl moved in to that lastAugust. tess than a year ago. rtre onry reason r4ras because we trrere unable tofird people within a reasonable distance to fill jobs. rhis year, ress ti,"none year later, we are in the process of finalizing plans foia 45g66 s{IJarefoot addition to trle Littre Falrs facility arrl tln[ i.s Mqz based on a raboravairability business decision. we are anticipating as we have experienced inthe past every year severe labor shortages as we enter the late summer ardf?11 and winter and spring season. Our slo$, time generally is May, June, July.This year that did not happen. We ale fortunate b-ut we aie reaU-y trying toaccelerate the addition in Little Falls because quite frankly go,ilemLn it isvery difficurt to fird enough human resource within a reasonible distance. weare raising the mininum wages. We are doing a number of things so that youcan assured we are working very hard in atr kirds of ways but the fact oi thematter is, affordable housing that would be convenientry located would be ab?* tg the community marriage of business ard housing irrl t woutd imagine theredevelopment of the downtown. It all fits together in my mind. this goesback many years when we wele vrorking on a redevelopment pLan that goes 6ack afew additions. Thatrs what r came to tell you. r am in favor of fhis and rhoIE that you can fird a way to get on with-it at the earriest possibLe datebecause we need those people.
Mayor tlamilton: I appreciate your being here for one thing. fb you feel thatif you had ttre affordable trousing here ard you feel by being abre to attract
nev, emproyees to this area that your businesses wourd expand here and perhapsyou wourdn't have the ne€d to expard in Little Falrs ard the expansion couldtake place here?
Jerome Carlson: We have additional space in our buildings that is not beingutilized. That was on the basis thaE we erou Id fi.ll these up originally beforewe would be going elsewhere. Ncw, in Instant Webb ard at Victory, ttrJ laUorshortages are not nearly as severe as they are at United llail ing. WecerEainry wourd not have built a faciJ.ity in Littte Ealrs when we did if thelabor had been available in Chanhassen. That I can assure you because it,sadded ex[Ense to a facility that werve already comm itted to and we have no way
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City Counci 1 lEeting - June 29, I9g7
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out of tlEt. rb the extent tl,t rabor becomes avairabre Tom, down tere, trratwill directly impact tlre rate of growth in Little Ealts.
Courci Lnan Geving: Jerome, have you ever done a market analysis or anemployee evaluation of erhere you! people come from to get to troik
-in--
Chanhassen?
Jerome carrson: r can't say $rat we have one that is real recent. I thinktlE most recent one is at reast a coqrle years ord arrl there have been somepeople that have moved over time to the alea frcrn where they r.rere.
courrcilman Geving: r drive rH 5 east every norning ard it seems rike thereare .rs many [reople coming from Bloomington and Eilina and wherever e,"y -**"
fron from the east cming our way but it seems to me that what,we,ie -t ffingabout here tonight i havenrt seen- any, what i would consider, .tt.iJ*f"tpusinq. We,re talkino. ggg,q6g.Ag 6 $taA,AgS.SS. Ale you L" fu,g
- t-rUl.gettinq executives out-here'tooi - v."a-riaai" .-ug"." or your manager tr[Es.
Jercme Carlson: OE primaly concern right now, frankly because it is socritical, has to do wit,. tnL yorr.rg p.opi" ,to *. 30 and urder arrl theaffordabre housirq issue- . rt was Lrwala my unierstarding goirq-;k -over
trreyears with.rhe zoning tEr ir fact rlp'ciiy ;; going to-6r. Lr. .itr,"t.coirg to take care of that ard address th.r ";; $rourd have not just middreto hiqher incone housing. rhat "" *o"ia-uaaress it tor Jr .r ii,i-&pi. *nolrE need in tbe cormunity.
Courci lman Geving: !{bat- we- didn't get from the develoIEr yet tonight is anirdication of tlre murtiole t3^iry -il r,ig-i"i a.n.ity areas arrl what thosemight do for our .o*rn,-ity in tJrms oi-iiiorJJuiri ty. I haven,r heard thatyet. I'taybe you could address that for us.
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Jerome.carlson: rhose, _in. my opinion, are absolutery as criticar. thoserate! phases of those multiprL dwerlirgs. we woura realry like to see thoseavailable.
Don Patton: tet me iust address that point. q)e of the reasons for this R-12is for the 10wer income.. wq're 100kin! or cou.s" for. these high densities,yourre 100kinq at 360 units in this o:inge u.".. roi*tions on that wourd begsai1. lasg on that king of input r trrinri wouiJ-u certainly fird some builersfor that in the 9G5,006.6a to -g7a,qqg.ag range which ,orra i aai"=" -tr,I=I
concerns.
Uayor Hamilton: Don, maybe you. could address the Oltlot, the one right alongCR 17? you had at one time I think proposed to dor,,nzone that.
Don patton: yes, again that was what I was showing on this slide. I guessthe feerirq that we had is^ that down,.irg .r"ras appropriate. The feedback EhaEwe got. from tre pla-nning commission $ras tt't ttr"l wis not a""i.rlr-"1--iiai.n,vre want to be a good partner to the city of chanhassen. we want this to besuccessful and there are a rot of things that make ttrings succes"iri.
*n
"marker makes it successfur. Good pranning makes ir ;.;;";tui-;;li .i,".g i.,sthis area right here to R_8, we will accommodate that and ," .ppli,uti. ti,o=.
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City Council l4eeting - June 29, 1987
clmments from Jerome on the housing nds. the buyer that we have right nowis for the singre famiry but again we feer that by saying this is wheie single
Iu..iry- c9n best be designed and go up according io wirat -l,tother Nature gave us.Donrt fool Mother Nature, -werre trying to desi{n arourrl thaL plattirq- theoutrots as we've seen wirr give the bqgers whe-n they come in ani markei formrltiple family housing. I{e have talked to several people.
Mayo-r tlamilton: Do you have anlthing erse you want to present or does thatconclude it?
A1 Klingerhutz: r guess r r,rourd agree with Jerome. rhe fact that chanhassenhas a lot of businesses ard we have more emproyment in Granhassen than we havepeo-ple to fill tlle jobs and the only way we're going to create a littledifferent climate for more irdustry- to 6ome in liere -is to get mor--peolfe tolive in chanhassen ard p:t deverognents up rike this is *6 *i.r i.iig it.
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@uncilman Johnson: r agree with the planning commissiqr on this ore. r seea lot of hocus pocus with these nunbers. r'm riterarry very upset to terl youthe truth. It really baffles me bow in Blocks g, 9, Ig arrj ll we can increasethe lot size of 24 lots between pranning commission and here ard one Lot was
lnleased by 300 square feet so somehow we,ve taken that 300 square feet arddivided that amongst 24 of t}re lots. Some of them increased by over 2,666square feet ard did it in tle same alea ard hav ing the same amount of olEnqEce arld the same amount of outlots. Ihis is hocus [:ocus. this isunbelievable. The only thing that was done, when you took this, you changedthe numbers here. All the lot lines are identical. I cantt find any of thelot lines that are different. I can't fird anythirg on tlE east side of G17, any lot thatrs been decreased in size except for one. I fourd one tlatactually was. It went from 15,300 down to ]-5,ggT biut within that 300 squarefeet r,re're able to pick up 24 lots and increaSe them qr to LI,OAL. Ihatrs
hocus pocus to me. They say there are 934 dwelJ.ing units. Mr. Carlson erants
more affordable housing and this development keeps going smaller and smal,Ier
on the multiple families. There arenrt 934 dwellinq units. There are 852now. We've decreased the amount of dwelling units because ue cut back by 12acres the R-4. we cut back by 5 acres the R-12. we did increase the R-g by
10.4 acres. It's interesting that we had 350 dwelling units in the R-12 when
$re had 30.1 acres. We decrease that by 5.7 acres ard we still have 350dwelling unit in the R-12 district. Ihis is hocus pocus folks. Ihese numbersare not right. Somebody is figuring. I don't bel ieve that Outlot B is
useable for R-8. ltpre's no eray to access it. It.s hardly wide enough for aregular lot no less tlEn putting in R-8, medium density, residential which is
srhat l,tr. Carlson wants. Ever!.time you turn around we're cutling dor^rn and
adding more. This is not a PUD. We need internal parks ard toElots in here
versus making everlbody walk way out to the periphery and the areas that wecan't develop anlMay. I donrt really see that. this qualifies for a pUD atall. I would like to see more of the multiple. I would like to see some
clmmitrrent to tiose multiples $ we can get affordable housing. Sgg,6g6.gq b
S200,gg7.6q housing is not whaE I call affordable housing. I see an R-g rightnest to an RSE I see RSE right next to IOP, thaE's not good planning. you
don't put residential lots right up next Eo the Industrial park. you put R-4,R-8 or R-12 next to Irdustrial Park but are you going Eo tell Ehe peopie thatare goiog to be buying these lots what,s zoned behind it is industrial or
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City C.ourrcil l,teeting - June 29. l9g7
zoned next to it is hiqh density? rf there is someway we can make it requiredto discl.se that inforiation, i r"J trrt aGr"".a. r sat ard risten to adeveloper rerl somebcxtv,.-:li q-_;: ili.s;il ro have- singre family housinsrExt door to him ard it was zoned n_12. niut ,i." a different develognent. Ibelieve as far as for sinsre_falirv trousins,-G.h"J;;-r.iJ #=,iis'L"..are going to provide morc -affordabl" ;t.SG'f;;ly housing than thisdevelopment. chan visra, starts qt: basi;iarl i Sai,ggs.gs then if you want apordr from vour back door. it's a rittle bit;J;. Tn" peopre ,h6-"."-.ouing1i 9t.: are the youns, singre,-.";;i;,-ijiIi=r,ua rz people move in behindme ard just about everv ore.-of thern i; i"-d"i;30,s dotn wit one kid or no:::".HdT.'.3Ht"ffi",Tr#,"T:#"i?;'"n,e*,"tvoi;rJ"i""ri'Jr*
l4ayor Hamilton: I6lbe you could stick to this.
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Councilman Johnson: t,T jo* makirg comparisons here. That was a pIlD anl r.redidntt get much for tu!.: ,-,. lr-iltJi-.?r'.",".rt with the planninqcommission. This does. not. deserve to l"'.-iji...r get ver), upset ihen peoptedo hocus lrccus arithmetic rec.u."- iii" ?Jt
"'i."r r ry impossiLte to makJ-rarger1ot-s with 300 square feeL tre numueisri' iirf"s crra.rt are tota,y wrong. Theonly thins thrt -sta,r.a the same ;;a; "ini'i. tu.irv residenrs arrl rhat,swhat ttpy're tryinq to do. n=v,i.-t ii.i'H'ir* rhe singre famiryresldenrs. r don't think we,rr'ever-il=*; fi outrot D. r,rl tet somebody:iff*.iii"Tn61e ror a while b"";;tr,; ioii..,s "s.i*t this because r don,r
Oounci lman Boyt: tet m-e start out with some good news. I think the nove tozut trrblic open spacE along rake zuJaiiilili=d L aFplaudt'. That,s somethingr.t other developers r,a t [en ai,.t -**"-.iJrJ"Jh
we woutd have a muchdifferent city take ="=tem tnan-w! a"'lrri"??."uy appreciate you doinq that.r think the 3 L/2 mirls ef_e,s1kriv. .j'-triii=1r"a91"." is a credit to yJu and acredit to the park ud *T goarc. 'i ".iri't'i"ir., rike ro comment *nt itwourd have been nice ."_Fy: Ai ;;;; iilIiinut"=. ro read abour this. rassune you gul's discussed it a.u r.'e aran;a'iJa'vorr Minutes in our packet.
Jim !4ady: I don't bel ieve they are ready yet.
@uncilman Boyt: I think,you,re an important body ard we need to get thaEsort of informarion .o T:1". u ::;.;;fi. ;;;founa. search before we meer. rthink what you have is an excerrent opporEunifi .to be crestive. you,ve- 90t anopen fierd' you don'r trave neigt6r;.'--d';; ba-sicarry do alr kinds ofthings with this piece or prope-rty.--vou^L""I'ily
ST fiyt. of rhe zoning tharthe city chose to zut on rhis; v.,i
-.ri..air,Ivrrwnat-
r think m ighr have 90*enyou a pUD under other circumstances. fne-aesiie to. do this has already beenzoned in there by rhe ciry..o *uyG y.;';";; ^;Lk
i ng a lor alike. r,ve got ag"Tt::"i::.fr:rtourd rike tix*i' t'o, '"Lv'uc."s do vou pran ro srade in
Don tbtton: Part of that will.depend, obviously we,re asking for conceotapprovar so $'e can come lTt with the p..ri,ni."iv prat ard as we tatxea'jboutin. our ;:irasing, this would be tt,i= O.'=J i'."j'iirst phase or initiar si.ai',s. ;;"i.";';; fffi iik'"= ff?.'o.l3l"r|"H n:H
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so the rExt sales will happen this fall yet.
Courcilman Boyt: Can you give me an idea about the number of acres that aregoirg to be oprred up? If ere're talkirg four Srtrases, are we talking 70 acresa tract?
Don Patton: I think this was about 30 acres anl this was about probably 12.Part of this, unfortunately, to get the necessary water ard sewer
intrastructures started, it was more than we would like to oIEn up but thatrs
again, tle requirernents of developirg a !,retlanl, the pord ing, because of theIakes, everything has to be porded on-site. In pording, grading in the
seeer, connecting on the sewer provided through here. Connectirg on the watetIine that goes along CR 17, itrs just hard. We want to minimize tlnt.
Obviously that's a clst factor.
Councilman Boyt: Qre of the things I would like you to do is bring to us some
sort of idea about hoi{ lrourre going to minimize dust going into take Susan.
Ibving lived on an edge of a dustbor,rl for the [Est month, I can teII you
yourre going to dump a lot of dust if you o[En l.{) a lot of that grourd. Kird
of come with tlnt in nird. We heard a good bit here about the need for
certain tylEs of employees in Chanhassen. Mr. carlson, it would be my guess
ard I have no idea tllat you're pa.ying somewhere in the neighborhood of $4.59
per hour. Is tltat roughly in tle ballpark?
Jerome carlson: ltrat is the lowest nrnrlcer.
Counci lman Bo!.t: t€t's say you're pa.ying $5.50 per hour. If sc[oeorE works
for you full-time they are grossing 9]-L,ql,.gg. I will maintain that there is
rp orE r^rho can live in anFhing that's going to get built in this town that
makes $11,060.66 a year so I donrt ttrink that these people are going to be
providing. Not being a banker I can't teII you but I don't that anybody is
going to buy a home with a total income of S22,ggL.qg so I don't tfiink that
this offers an opportunity for you to fird PeoPle to work for you.
t
Jerome Carlson: A Iot of Ehe tEople who lrork for us are also second income
ty1Es. They generally are married to, if they are married, to a family
situation where the primary income is not that great and that's why they're
there. The most typical profite of tlp lower erd wage earner at United
lfailing, ttle most t14:ical profile is that they are a two family income family
so vJhat tlE gross wage that they could pull for housirg would really deperd in
Part on ttre PrimarY vJage earner.
Courci lman Boyt: I'm just saying, in my opinion Mr. Carlson, that you are
irrleed in a dilemma. If the city will not be building housing that can
substantiate or thaE someone can live in with the sort of income that a
business like yours is forced to pay because of econom ics- I think you're up
against another problem and that is unemployment in this city and Minneapolis
is 3.5? ard that's full emplol,ment. There just are no bod ies here ard what
yourve done in Little Ealls is go find a place in which people are Iocked anl
in whictr they are very happy I'm sure to see you there, we're haPpy to see you
here but you have a different kird of emplolment base in LittLe Ealls than you
do in the Ttrin Cities ard we're not going to be able to change that.
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City Counci I lreeting - June 29r 1987
Jerome carlson: Ttn" murtiple dwelling though in some of these outrots as theycrcrne on-line, r berieve woulil provide part of tlre need. r stiu maintain thattlt |9wer erd housing in this -evelopmlnt, because of the second ;t; ;;n",ard tlE primary source for .many, of .or.ir *pioy*", many of o,_rr eurptofees-aret},e second wage earner, this r ber ieve r":"db" " significant resource for us.
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courcilman BoyE: rhe gentleman here on the pranning cormn i.ss ion had said there
f_:?.."1*:a- for m' ripte dwellings in tire n_-iZ. i rt,inX tr,rt "p.uX"-io,ltsert. A-s far as Jay'!s comments about this being a puD, r would agree withthe planning commission. r. think yoo .oold make-it u Rio but ,i,uJi;i- rooxingfor in a puD is something. that reairy snows cieativity
"ru- i."*"ii"i. rdon,t think we bave a be,ter oppo.t iity in tne city than you have riqht here.*-gTr:" r.rhar r ex[Ect from you or r dxpect-lrri" i" ;;,i; J " iJiii*subdivision.
aurcilman ttorn: r was involved when this c-oncept was originarly approved arrir remember one of the criteria we used at ttrai point was that ttris wis a goodarea for this tyIE of develognent because ," #a .o.. -n .in"=urooliouingmultiple housing adj acent to some or oor .ri"ting singre i"*l rv-r,."ri.i. ,.*neat parr abour this oiece of property is tnai-6er. i;-n;-;;;r"JffiI ru.iryhousins immediately a-d.jacent to ii so-r think-they ;;;;;;;;; ii..:.I.iq,.,"opportunity here to create a Elpe of eUO n"igf,lortrooa. I agree that anyonewho locates in that must be- awiie of *n"t -G'inole
plan is for the .
neighborhood. r'm seeing ,that tpe oi'1rrin?dpp"ning in Eden prairie next tor ber ieve it's t"ti tchel Lake ovei -here
when -uG
had some very nice homes nextto the rake and now the murtipres .r" going l"'.na r think itrs a matter of 5years later when ar1 \ etrases. u." .o*ir-i*Lut n9w tlre mur tipies -u-iJ hi.rgput io place arrl r would -envision tiris -ueinl J =i*iru. tlpe of situation.,n:..9 *". have very nice homes next to a rake- ard i" tnl -iir"
=irno'i""i"i.".putting in murEiples. r thi.nk trrey ve-aoneloi? neat things here in whattheyrre providing in terms of amenities. rr= piopertv does't ar10w a 10t ofnatural ameniries orher rhan r,.,e lake;t .n;Lii.,t.ttt-it;;;;;.1 i. *."are doing things witlr rarx,scaping t" r.rl it rliy nice aeveffi#. * -'
Councilman Geving: I think. what we have to realize here is this developmentby itself represents approximatey zsa "i.ir-G housing units in chanliassen.can you imagine what this witt d6 to ou. "o**,initv .ra il"'g-.;r., ;,H:co^munity if it adds 258 more. units? w_" oniy iirr" about 3,500 units in thecity right now. Ihis is one heck of a biq a6veiopment and v/erve got to do itright. We have a need for it. We have "-nG-io. a.varied array of singJ.efamiry dwellings which apparentry are the hot iiem right now. und ur" ""ir.ingbuE we also have the ne{,, as Jerome mentionJ, ao. ttre multiple units ard Ican teII you one thing, I knoe, a lot of these young kids that work for Jerome.They're not just livinq by_th?mse.Lves. makinS €\,A6g.6q . V"...'--tflJi" lr" :,4 or 5 of these kids riving Eogether in a r,ol"e or an apartment and they aresharing these units. l,raybe noi even in ctranrrassen rrt-'un"v"J." Jr,u", i#runi t"ard combinins their income. rha*s hor., cr,.yGlrruiui.;, ;';;f i,r?O.".they could do the same thing here. rhey .oJfa-Uir<iai aronl,-log"rh".;-"hut"ver,. and ur"v ..rli "=:HT".o',lST'iliE,ri il n
but v,rlEt I sahr ard heard .from Jim HiIl u*urJ ru a litt]e bit. Sone of tiredeveJ-opers amenities that he's-wirring to ao- roi us. r haven,t heard from aror of orher deveropers some of the pr-ospects "f gi"i.,g; f;'";ri;i"".]., a*
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City C.ourci 1 t€eting - June 29, 1987
rakeshore on the west side of lake susan. Nct many developers have done thatfor us other than Jim orrry. r think r srould rike to look at atproximatery 36acres or more for parkland arrl totlots spread more eqr:ally among thedevelognenL I donrt know srhat this I8.2 acres looks like on tbe southwestclrner. Maybe A1 cluld tell us. rt might be more flat than r real,ize but itjust seems like itrs fairly far removed from tle plat ard it miqht be verydifficult to get at ard get to. I rrould like to see more of this tErklandspread throughout the developmeot. This is a big develognent ard there isgoing to be a rot of need for example for ttrat 366 unitl in the northern IErtwhich are high density residential ard I bel ieve that Jim you said that G 8acles that you had set aside there.
Jin HiU: Thatrs approximately 5 to 6 acres. 5.7 acres.
@urpilman Geving: Okiy, 5.7 acres. Ib me that is not a lot of land. yourre
talking about 360 units. There may be over L,ggg F€jj,pLe in that orE littlearea in the north part of the develoEnent and 6 acres just isn,t going to cutit. I erould like to see us a& a cltple more acres to that. At least, t've
always been urder ttre impression that unless you have a minimum of 5 acres you
canrt even put in a ball dianonl. If you interd to [xtt in a totlot ard someball diamonds ard other things, 5.7 acres in that area for 350 units is not
ernugh. the other thing I saw on this particular develognent, we talked about
the possibility of some sidewalks anl maintenance, who,s going to maintain
those after we build tlem. It's alwalas nice to have those in our c.ommunity
but what do we do 5 years after the developers gives it to you and we take it
over ard start to maintain tlem? I don't know. Where does tle money come to
develop that to keep it going? A1so, I see an awful lot of cul-de-sacs in
here as was mentioned before. fnere should be a way ard tlrc Mayor ard I have
talked about this, he had some ideas on how some of these roads could be
better aligned ard cut out some of the culde-sacs. I don't thin you're going
to give up any land. I don't think you're going to Lose any of of the
potential, for Iots ard I think the road alignment could be better developed.
Orerall I like the plan and I like what it could do for our city. I believeit's a positive thing. It's something that would have happened. This
development would have happened l0 years ago if it hado't run into some bad
econom ic times ard you wouldn't have had just 892 units, you would have had
o|,ex l,0g6 units but there are some very positive things here. I do have to
question one thing, somebody mentioned sonething about a 50E credit for
tErkland. Was that agreed on Jim?
Jim Mady: It was discussed that, at Ehat time the 892 units, we were looking
at 33 acres of parklard ard I believe, ard lrm holding my memory because I
havenrt seen our Minutes either, we were recommend ing that we reduce the park
dedication fees by 50%r getting all the lard so we wouLd have the monies
available to pJt into the park equipment. the comment on your 18 acre
parklard, our Corunission toured thet lErcel. There is room on one hill to put
a soccer field and there is a considerable sIo[E but I believe the develo[Eris planning on putting ore ballfield down beloe, lte slope. Thatrs it for
passive use really.
Crunci lman Geving: You might rranE to explain a little bit about the grading
because I think this is the first Eime that the developer has done that for
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City Counci I t4eeting - June 29, 1987
us. l{elve ahra},s asked for it but we've never gotten it.
Counci lman Johnson: Oentex is going to do it.
Jim Mady: when the deveroper came in front of us he mentioned something aboutgrading but really didnrt have any specifics for us at that time.
counci lman Geving: These are the rough grades for tl. barr diamords?
Don Patton: What we're looking at here is a soccer field in this area. Aroad in here, tennis. This is a nice slope through here foi u "iihrrg hirr.softbarl down-in. thror:gh tEre-.. we-'re goiig to ndd ponding "ra .qJ; ,"rio*real' cornplex drainage on.t}.,. :lte from the north, maie thi6 . drt-p# ard usethat for hockey in the wintertirne
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Courlilman Geving: Ihis idea of the totlots tiroughout the develolEd area,vras that mentioned at alr in the park arrl Rec? oid you discuss -t-rrJi-,J
no,"tiat might be achieved?
Don PatEon: Cte of the ttrings t].,at was talked about, they were looking atneighborhood parks ard they lgreeil on four. r... tr. stardpoint ard correctme if r'm- wrong, you do have -the other balr diimonas for your r".g*"-in oth..areas. The envisiorrnent of this was really for the neign6orhoJs:-- --
Cou5rci lman Geving: Wout.d you care to clmment on my question about the 5.7ryrf o, .b- lo.t! part of .rhe developmenr u.r ,Lt -you int".n 6;;Jin"th.."rn terms of how it could be developed for active plly areas?
IB!^r. were seeing at that time, as I remember we were looking at3 V2 actes of 1and so thi.s is ail new. qrai; ; is new.
L
Jim Mady:
about 3 to
Don. Patton: -yes, they were saying fhat they needed about g additional acresin the formula so t'a's when -we Lrr"a .u"irt-iorri,ing-thaLd-i;;;twhich is part of that.
councilman-Geving: r urxrerstand the g but rrm rooking realry for more on thatvery high density residentiar dis-trict up tneiel .rh"
-R_12:--,yJi""i.irg thave- a IoE of people in tIere.3na Seq're ;;t;;rng ro be goins ro iake Ann.Theytre goirg to be going out Eheir ba6k door ryn* t.. .G-#f .L to"pruy.rf you're going to have kids, and more than rikery ii *irr-u" iiJJ-i., "uii"
particuLar unit. I may be.wrong but it seems to me ttraili V"r;.. g;f;' thave high density residential, you,re going to hurr. snal-I children tiere -
@uncilman Ebl.t: I would .fikg to make a suggestion if I could. r think thisgets into the area of creativity that t was iarking about eJi"r. "r"o^r,"u"
an R-r2 density but there are a rot.of ways to get to tr,t a.""iiy .J-*rutyou clurd cerrainlv creare a good bir of open space which r;;i;-; ilv"r,anavas part of that area.
Don patton: Ihat was parE of the discussion hre had thar night was actually,this entire 32 acres was the R-r2 district ani we _wcre rooking at this bei.ngthe trade-off of the open space for that design of .},e orang;,.;;r:"-- -
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City Council DEeting - June 29, 1987
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Cougcilm_an Geving: Iha",s something that you might want to come back to uswith- rf r r'rere a park cormn ission -memueri i wouran,t ret up on this one. rwould really erant as much space in that "rL" u" I couLd get.
Barbara Daqr: Another option $rourd be, in conjunction lrith tlre high densitydeveropment, somerimes there are totroL 6"r.i'.rp.a immediatery ;iii.f-rzlroperlr inm4diarelv adjacent. rhar rhere -urd u" "r".;;;;t"'ii'i."tio*rareas there also. If it is approved as a plJD you c_ou:.a make that as acordition of approval +a yhd the sire pru" l*." in that that site createrecreationaL areas on the site.
Coqgifman Geving: I really f9n,t !v.e aoy other comments. I think it,s apositive thing for our comminity .na il's loing to happen r think that we,vegot a good develognent comllany working on -this-. r thi;k it," 6i;g J.Lgreat for the communi.tv. I'n in favor -of what i see here with someadjustrnents. r do not ber ie"e tp,,rever -Br";'i; is a puo. ltnt,s alr r have.
l4ayor Ha'oirton: r had scme questions more on staff's recomnendations thananltthing e,se. I spent qr:ite a bit of tine reviewing tlis a,J-r."i"ring thePUD ard what sone of the corditions are rhat are ""iiJ;;;'i; "'n,ii^"i.seems to me that tl'.i's is a ptD and that the deverolEr is meeting tire puorequirements. Just rook at the staffrs ...,**"rdutio*. 1, a plan showingexisting rEturar site feastures and how they would be preserved-. rt wouldseem to me that the deverolEr is doirq that by working'with .u e*iiting
"19p.:. ltying to build the roads tjthe.oritoor" of- th" la.ri ana pieservealL.of that that they can. you tave to remember this is au cornfilld. Theyaoltl! t_nv9 very many wooded areas to work with. Consequently it's going to bea littre hard to work wirh site features when there aien't iny. rLm -a,
arardscaping pran_ showing additional randscaping arong the bouievards over andaDove tr= tlplcar one tree IEr rot. r'im not sure that our ordinance requiressonething over and above one tree IEr lot, does it Barb?
Barbara Dacy: There is the section in ttte ordinance where it sa).slarrjscaping, that is one of the criteria to evaruate whether or iot it is aPUD_.. There is specific largr:age in there. provide a larrJscaping pfun uU"u"
1nl Fy".rd Thu! i" rlpically required. In response 9o, agaij ti,. i,funningcomm ission -in it's orig inal - repo-rt, they p."p.i"a tlis'pr.Jn =o
-ttui iu"-not inthe original suhnittal.
Mayor rhmilton: r know tiat the puD ordinance staEes clearry in more t}an oneprace that PUD should irdicate pranning design over and abovJ what a noimar.subdivision would and it seems to me that the deveropers are doirig -tr.,"t. a"Dare.comrnented on, the pran with the reduced number oi .ur-al-.u".', -r'!"u.".
Don if you. could come up. to your drawing here, r- would f.ike t. :r=i l=i-yo, .question about sorne of the cul-de-sacs .-nl see if there i" . poJ.iuiiitu "tredoing any of them or just throw ouE my ideas. The one ." ir-,"-"", irr".i tside, next to oubrot c- . r'|rn wordering it trrey can't be r*p"o i..t".Jlr ucul-de-sac, terminating in a cul-de-sac if Chit canrt be lo;p"d? -** "'
Don patton: rf you rook at the terrain, you see the naEurar contours, this isa. naturar- hirl. _you've got sreep sropes iround it. tt. ..u.on"iI. -ilxi"g
ah.hilr on the top of the srope is you can make rhat cur then tuira-lLL--ise
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City Counci 1 lrEeting - June 29, 1987
r benches arourrl here so they vrould be walkouts around. If you start qoing
TIo=. ti5t you. start getting into some teavy fiII situatitns anl agiin, we,regorng agarnst what Mother !{ature provided. rhis is a natural area. certainryit can tre dor. but we feel like wd,re doing the least amount of environmentargrading, causing the least amount of gradiig adjacent to ti," fif.. ,tl.n i"certainly a concern urder tlE developed land use.
Mayor tlamilton: I have a cor4>le others I vranted Eo ask you about. Again, Irmnot terrible famiriar r.rith the topography once you get past tle hill 6ere. rfyou go to the west from tttat cur{e-sac, the fiist 6ne. - rf yoo toox that cul_de-sac ard er(tenled tbat sqnet.r^, in a loo[:ed manner again so'tle road lslooped.
Don Patton: @ain, you have steep sropes right in through here. rhis is kirri9f I natura] ridge in here ard ,frat ,ete trying to do, o-riginatly ,"h"t ,.(,anted to do eras conrinue the. roa! .straight-in
-but to'gei 6e -g;-jd"" oi ztgrades, we realrv needed to take this appioach trer" io illrrrrrJ-G giua"" ro.safe ice corditions.
Mayor Hamilton: Eyom a maintenance standpoint it wourd be advantaqeous forthe citv if there was sqnevray we could go -$rrougtu lr."l"g iJ'tr=*'il;-ug.in,the next set of cul-de-t.: E9 the westl tnai -one
and the next one to thewest, if those could be joined together.
Don Patton: rf r courd go to the slide- ltris is EErt of your packet. rt wassheet *7. There are some wetlanls designed i., tti= u.*. Again Dr. Rockwerr,werve already walked the site arrl aesiq;aG tni";"-h";",';;'l;;,';.here, ore here ard one here.
C.ounci Iman Johnson: Are ttrose existing?
Don Patton: Those are existirg wetlards ard our tops require staying backfrom them so to use that, the top one reing irere and getting the size rots.one thirxJ, if r courd make the co-mment, *rJse aL rarger lots in the puD tbatyou rook at down here beca'Fe of the cirange in trre zoiing-..0i"".""="iL urahave to do that- The rots here- The road- in here and theo uringinq -this
upin to kind of preserve and keep rhe protEr ;G;k il.#; ;;ilr;HJ"!,retlards. vou see this wetlard for the drainaqe_here,.eii.-Gt**lii..ri,
when this road, again tiis road is de_signared .na *,.i. f,."-
-u""f -. "rlTJu
i r i tvdorE to develop that road as a part of this rop area, would utilize some ofthat ponding area for the storm water reEention. again t],it-th"n iuii.-oorn
!ryg"qh a curvert ard open pord ing system arxl down i-nto ai= p.;ili 'i,.a *"talked about earlier into the creek area so therans$,er vour question, sure we courd brins .n . i?.18 i.iill?i.lt^fli'; ro
culverti in ird have'to asain brins "p ,rd";lE;""'l?"""1'".'i"*: ?:l':.["n"expense you cut sqneMy out of tlle market.
Mayor Hamiltoo: rhe cul-de-sacs directly to the south of the one r iustmentioned ard Ehen going ease, can you connect tnut o.= !-oii,,: i"i"i", fi!r",
Don PatEon: Ihat certainly qculd be connected. WhaE rrre end up with that flov,that goes in through here in our pording.
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Mayor Hamilton: ltren right at the cul-de-sac at the end of your penciL, if
y_ou connected can that go across the ridge? I,m looking at tlose primarily
from a maintenance standpoint. It's going to be a lrhole lot easiei if we can
bave scrnevlalz to pI@, ard bring those Ehrough.
Don Patton: the thing we're trying to do is maintain the drainage that is set
t4) there ard tlle topography. Those could be taken across.
Mayor fhmilton: Item 8 in the Staff Report, ttaffic analysis to determine the
need for tum lanes on Powers BIvd.. Do we need to do that Barbara? I wouldthink that's a tErt of vrhat you're going to do there anlmay. you want to haveturn lanes there anlnay so why would we...
Barbara ttacy: Carver County requested that anJ they will have to do an
Ervirorunental AssessEent Worksheet so there will lnve to be some informationof traffic flows in and out of the sight so the County can prolErly evaluate
the needs for tlrose intersections.
Mayor Hamilton: Item 9, I think tley've already done that. Esignating
existirg lretlard aleas ard providing a 75 foot setback. Item I1, a new
phasing plan providing a ne$, south and north conneclion of the easterly stleetwiti Powers BIvd.. I4aybe you can tell why thatrs necessary.
Barbara Dacy: the main intent of that vras Eo connect the two stleets so we
r.rouldn't be erding up with one Iong cul-de-sac operatirg on itrs own for a
significant. period of Eime. It wasn't in your objective.
tlon Patton: What we talked about doing, going back to some of tlre original
history, \,rhen Powers was develotEd the current owners of the land donated that
to the County for that ard as a part of the original PUD establ ished sight
distances from an engineering and traffic standpoint at this location and this
Iocation ard what we've been trying to do is some of tlpse givens, again those
didn't change. those sight distances didnrt change. those intersections
didn't change. What we were sayirg at this point. Again, we can't develop
the whole sight. We would run a temporary road from here out to here to
provide that point. obviously when Phase 3 i.s developed you'll have the
cunection coning all the w-ay through and it won' t be a temporary access .
Mayor Hamilton: I really like the concept arxl I think ard feel very strongly
t},at this type of a project is needed in the City of Granhassen. I, EErhaps
more than anybody, has spoken out in the IESL for the ne€d for smalter Lots
arxi for housing to accommodate employees such as Jerome's comEEny employs. I
think the thing that we're perhaps overlooking is those people, if they want
to, afford this housing and it will make the labor market more stable here for
companies such as Jeromers. Your employees would terd to be more long term I
think instead of saying, oh heck, I just donrE want to keep driving out here.
They are going to seek tousing here ard they are going to be a part of this
cornmuni ty. AIso, if you Iook at the PUD ordinance, which I've done and
hopefuJ.ly interpretted it correctly, I feeL that this does very much so meeE
the ordinance as it's written. It is a PUD. There are a lot of loopholes in
that PIJD orct inance. It Left a lot of openings in there ard we left a Iot of
discreEion up to tie courrcil to say itrs not. I think that was done because
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City Council tteeting - June 29, 1987
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we didn't lrant to see yJD,s any longer. i{e wanted to see subdivisions, notP[JDrs. However, r think- the develolers have met the retter of the ordinanc€and the intent of it and r would riie to see trrem move ahead ,rti, ti,i" projectard to starr buirdino ard to c.ome back to * ,itt, yoo; ;;t-&; -i'rootalike to ask Don if vlu or .fim it you
"oofa "r." to anserer any of the c!rcernsthat Jay brought rp about tris trocG pocus -";;. another mag ic trick for him.
Jim Hill: Jay' it wasnrt out intent to make a rist of rot sizes and shortrythereafter modified the 1ot sizes witrrout '"-lruirging,
thatrs not the intenL vrehave so manv acres. w_e^ ha-ve "ti!or.-tJ-tr,ii1ii" puD ordinance shalr be met.lYe've irdicated that 57? ot tne iots i"ai".t a- on the ptD will exceed 15,000.lhe intent here is to aemonstraJe U.,.t-;;:;"Ie of 1 inch equat s 206, apencil lire is lO feet so my,technician, in her inventory of tlE lots, madesome errors anl when I looked at it the s"oroi ti.. I adj usted the tables. Itwasnft tlp inrent ro *1\. -y- iroc,= poc-us. --witr, ,"g..a io-tt* a".-"[i ot 934,we have discussed the idea "'f ;k;g- s-;;."'ina pru.ing the 8 acres in theset$ro areas arrl I suggested that becarise ,.-Jiai;t want to move density in thePUD, tl,"t vre transfer density. r trave aone-ilat. we have done that on thislatest pran' rn other worgsi. ti,. .iigi""ipil" hd so,ne 30 acres of R-r2.werve taken some 6 acres., rei,:
"uv,- "?i';f d! 3g and wound up with 24. westayed, if vou rook at the tabre, il ";G iri tie n_rz witn tlre same number.360 units. the densirv_th"n. wiir ue
-i;g--.- 'li,ut'" given the oIEn space ardstill mainrainins rhe t_rg :l_t._. ?9i t};t..;r.j. with resards to t[,e s or oacres adjacenr to R_12 or 360 dwelti.r;i;;-i; the north, in the finaldrawings of outrot A that -bring i" tirJ "-tt"Irr.a housing, at this period oftime the devel.[Ers don't know-wh.t tt"i .ai""n a housing wilr be. wirl it becondominium? wirt it be carriage t.r"."i - lr"ri.. -homes? i a."tlr,m -il"v
know today. rtrat,s whv ,. aon;j G-'iiio.rjirrl a.uri.,gs of or .or a oi s or p
:G irfJ:;X"tr'"""'f'.i'#* * tr, Hf tr,v t-'-"11"-ir,Ii'^vi, l#.r,u'",
be aps: i oved "" i.Gi, ino- d6ns ity
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J ;; i;;.1.; ;" JJ*'.?T."T; "inl= SHH t: ]people thaE will be chlre. rt lt-"t.ii -""j'ri fi o" addressed, r hope by thecouncir when those parcers -"u in uno.i^^ini"'n* _rf it is trre wisn 6r trreplannins commissiori andlor Councii l;;;t* l]1 ,.{ +. _privare open space onoutlot A ard combine it over towards tne wetliriadjacent to rr," srrii" parkland, trren wL ;;;ilL':t.ti#?r".-r?$: iH .u*use space. As I inlicated earlier too, we have.se.parated -Ctu
"lng}-e
_f;ify
from the industrial oark. Ihe only pfu". *"- a*iOn,t do that is right in herewhere Jav rishtturrv saia t*rt y'";"n1li-tiiJ.'tl* un ro an rrrruslriarBusiness park but this, as oon indicaiJ, -*,iJr..u right here is a rower areaard wiII be used for oording.anO f,m sure tn.- gl, *" that Crive into rheindusrrial park wirl Lar*iing r;;.;i;;" i.n9 tr.,"t sysrem rhen witi ne,porded in this area arrl thiJ is-a I inch "s.-r=')oo "o we have almost 2 inchesright there from that cur-d-e-sac t. -a;;k";ir"
and that represents Ma rc"c.This here has got to be :r_ IeasE an _i."h ;l;;rarrer so rhaE,s got ro be 250so $re do have rhat spa.cing berween creek orive lna tt" zuarfi" i*li...a, f".r -part of the cul_de_sac system arn correctiy -;;u;"",
yes this one could beconnected to here and this one can Ue conn&tJ here anO this one can beconnected here but the overall
.
drainage system aoes wind throuqh in thissystem in this manner- rt'!s the int"-nt t-o i"".ri' tt.t as is ani not disturbthat but these cul-de-sacs can t" conn""t.d.
*ii
vou rook at trrc praE closeryou will see th darker areas of the 16,s, 20,s
-a-no
25A slopes and you wiII see
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that there are very few, if any, in this area. ctlan Vista was mentioned as a
PUD ard Chan Vista ard other pt]D.s prior to this one, is under the nev, pUD
ordinance. Ihe old PUD ordinance did provide for small lots. 75 foot widthsard 1ot sizes tnd,er 12,006. Nearly Lg,Ugq square fet. That's r,rhere vre
achieve ttle lo$,er modest housing. Uhder the ner^, ptD ordinance that this oneis being constructed under, $re have stitrrlations anl urder those stipulations
our overall average in this PUD, urder the new ptD, our average lot will be
151100 square feeL If you look at tle minimtrns we are going to look at our
80 to 85 foot widths with 80 being our bare minimum at the setback. under theold PtlD you could get down to 70 to 75. Higher densities ard thatis where you
can achieve ttp lower end of the modest cost housing. !.todest c.st housinq
today is an!,vrhere from 98U,600.A9 lo ggq,qqL.AL, It just ain't there anlmore.
Mayor Hamilton: I would like to ask Don Ashworth, the City l,tanager, for
clmnents. Donrs been ihvoLved with tle develognent of this site sincra the
days when Ed Dunn ard Jim Curry owrEd it ard were talking to us ard I think
Donrs ing.rt wouLd be important.
Don Ashworth: The process started $rell. over one month ago in meeting with
developers. Many of the enclosures you have in front of you were prepared
based on the information tttat we had again one month ago. Initially meeting
with the developers, the Staff made them aware of tlre fact that this was 1987.
Itre approvals that were given before are not in any way binding ard that in
fact the overall density would in fact change from vrhat had been given. One
thing I would like to note is that I am very enlightened to hear the
developers speak this evening to a number of the i ssues primarily which is in
the park ard recreation area. r think werve had some good discussions beLween
developers ard staff. As ttE Council went through that codification process
you made changes in that park ordinance. We made changes bringing over to the
ordinance that requires a greater amount of lard to be dedicated for the
publ ic requires IErk trails and payment in there. I was very enlightened to
hear the @mments regarding their willingness to not only grade but to
construct tire trails as a part of this process. When the original report was
prepared by elanning going to Planning Commission, those forms of concessions
had not been offered. Ard I think it was just a matter of time in working to
come to those positions but what I'm stating to the @uncil is that the
positions that Staff has asked for in the last month, to the best of my
knrcwledge, every issue that vre have gone through with the developers has been
met in t}le current drafE or with the positions that yourve seen in your packet
as well as presented Eonight. construction of trails. Dedication of
additional green area. Gading of Ehose are all areas that again have
improved in tlte Iast 30 to 45 day period of time.
Ebn Patton: If I could say just one oEher thing, I guess Irve heard the
coflunents tonight that you want affordable housing. we can gold plate the
thing ard rnake it unaffordable. we think we have planned, provided, working
with staff to provide a good community ard bhe comprom ise of $66,666.06 i'n *e
R-12 to 225 so your workers can be there or your executives can be there. We
think tlEt speaks Eo the PUD. Aqain, we can keep giving things avray but that
goes into the price so the request, the demands of the Council, the Planning
Commission ard the Staff, go inEo tlle price of Ehe house ard I'm hearing that
ere vrant to hold that. price dor.rn. I think we've given erhaE we can Eo make this
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City Counci I tleeting - June 29, 19g7
affordab.Le. We request from you tonight to give us ptD approval so $re cancqne back in as quick as r*e can with the pr.ii.i.,u.y pratii --
Courcilman Bolt: , 9o:-=_:
.
L'Il have to. represent a minority opinion here. Ithink you've got oppo-rtunities to provide whatever chanhassen has by means ofaftgfpfe housing in your_ R_.12, n-e und yooi -n_a
and I am flat out againstsmall lots in residential develognent.. Wto yo" clme to single family, those;:eople need room. I am comforElble with youi cutae_su.". ir.,fo.irnul.ry,P:-,H.T: playgrourds for a lor of kiH; your neishbornoi.--i'tt,inr. Voonave done some Ehinqs that by our puD ordinanc6 would iuggest ti,.i yIo'.. onthe risht track. vo-u certaiily il;;;;';;ery of housing. r gatheryou've done somethinq to try t6 protJt tf,"'.iur.o**t althouqh ourordinances are fairli, strict arld'i;; ;uD ;#iy ;y"'."ri;;riiJ:.to actabove and beyona what wourd be rk"d ;iy*; the ordinance. when we rook atlhis a secorxi time I wourd sure rikE y*'JJ c-ome tcact inJicating what you,vedone with it. your off-street pede_stiian w"vs, ,nicn is one of 'the'Ei'g.that werve asked for ard you,vJ offered. r#-ianfscapi*g, I gather you,relll:r_i.g: I guess my sense, as I said earlier and r,ll stop, is thai we havesuch a rremendous omortunirv to develop scrne nice r"ig"-i.I&'iili'I lu.i.tyof things ttrar r tnow steve ilnm inqs *--t" Iri "'a..r.rop**iin tei,is lf'varietyin housing arxl r just donrt -see *'.1 t;;;;.1; enough for me personalry-to*y lT! you.,quqrify for a fulr reauciion-urili a puo.. .: .a.t.-_ .-i - (i-l,tayot uarn-i1tbn:: I think we,ve iovered most of the issues. u.i"* *".. ," ''
something new that we haven't brought ,p J ai,i" point then r riil ."i-you tom3!! foyr carunents ard try to make it lii.i * ,witn inis it*,. --_ -._ *r sv ruq^c r L prt er so vJe can move on ard get dore
Councilman Johnson: fr^r:.-.,r1d".r il i tely the biggest subdivision and nostrmportant thirg we're 100king at tonigit. you talked.about house berrches, areyou going to be grading in air or -ttre'i.*""ii1.,
Basicarly digging out andtd:iTi::.:5,house [uds for the buirder .. . p.rt of your subdivision? rs
Don Patton: yes. We really need to do that as-a part of balancing the 1andard to assure rhat you don't hav; ualri.iij'for tlp foorings.
Courrci Iman Johnson: Thatrs one part of the pUD where, in this case, much ofthis area in this area you don,t' have an;';r;li"^.. you,re talking cornfields,no big deal to do Ehat tut the cuf_ae_sai i" if."f II,- tots Z tt.ough-ia,that's a treed culde-sac. . Youtre goi.,g to-Lk" out almost all those treesthat.yourre, indicauins on here rc do-tri.J ;';;:;i*:;' ::.-.:n:-_!: .hous ins
.
pads, vou' re tri x i ng c lea-r;.-i.s rsH" ":rdBH #'.ff tilr.ii. o[Li",
see is if you want a HID you'-r,e goingld #;'t. save those trees. you,re
fil? tn rn;:r. }! ffi [::""'
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we' r r i na i'v ia u" il; "* in n.*u p"a".-' -ri"J'u."
Don Patton: Ihat,s the plan is to cut in the streets.
Councilman Johnson: ThaErs not wtat you just said.
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City @urcil l,beting - June 29, 1987
Don Patton: You asked two questions. Gre is the open area, you gnade in theIots. In the tree areas, you bring in the street arn tfe aii.iewai to g,t inthe utilities arrl leave the rots naturar. to design the house to c6nfori to it.
Courci lman Johnson: Right. That's what I'm tryini io mak" ,ur.
Don Patton: ltees add value to the lot. Wa don,t $rant to take the trees.
Councilman Johnson: I heard that before then I saw ttE trees leave.
Don EEtton: To assure the courcil, r deverolEd olur L3,agq si.ngle family lotsover tle last 15 years ard bel ieve me, trees are hard to get rid of for orEthing. and they certainly add value in the sales price whei it c-omes to puttingqr a lpuse.
t.
Courci Iman Johnson: Irve heard that argument before. Just to reiterate, Ibelieve the entire street layout arrl everything would be dorE just the same
because of topography whether it was a puD or a regular subdivision. r thinkif we look at it by the contours, I'm not totally convinced. There's a fee,small things that are being given. Trees here jnd there. I don't think we,regettirg that muctr parklard for what we're giving. I stiU think ttnt therersa little more room Eo negotiate.- through some tough negotiating rde can get
some creativity going in here. I see pord ing in peopte,s bac{ards withouE
any real connecting the ponds. A traiL system in a subdivision that I Iivedin in Iowa when I lived in Iowa briefly had a trail system through the
subdivision along pords and stuff. We're pr:tting ponds in tEople,s bacQards
but only those people can get to it. I can see something much more creative
here tiat would convince me this is a pUD. with a few lots out of 427 Lots,
we may erd up with 400 single family Iots or something. I would want to see
that number drop a little bit so we couLd get'a few things. Sidewalks, we had
in our ord inance that we can ask for sidewalks in a regular subdivision. Itts
not a PUD to ask for a sidewalk. there is very little here that we can't askfor in a regular subdivision ard get it any,uay.
Barbara EEcy: Ore technical item, the plan before you is the one that's dated
JurE 26, 1987. The PUD ordinancre for tlre general concept plan states tllat the
Courcil may approve the plan but approval shall require four-fifths vote of
the entire council- so if there is a motion to approve, it r"rould benefit the
a[plicant to specify items that need to be revised in the plan if they are to
proceed with the PUD.
l,tayor Hamilton: I think tiat's r",hat werve been trying to do.
Councilman Horn: I would like to go on the voice of tle minority in saying
that I would atrX)reciate leaving the cul-de-sacs as they are. I think they are
a great amenity to a housirq development. I think for the minor inconvenience
they cause the city, they are weII worth of the safety aspect for Ule tEople
who Iive on them and I would vote for leaving tlEm as tlEy are. That's aII I
have.
C-ouncilman Geving: Just one quick item, I noticed throughout the whole
development a lack of identity. A concept or a theme ard originally this $ras
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City @uncil r4eeting _ June 29, 1987
283t
proposed as take susan .west or something tike- that and .m surprised that youhaven.t brousht this our in your ;;k.ii?E ;;raregy here to sell rhis to rhecourcir as a torar Dackage. - *lr"r a;;;il'riie to see ar rhe beginning or rhe!Lu_.-rgn^"J,t *_yo,r-i*o" irt. it"1...*Li'jn t *" of entr), anl ac.cesspornts and so forth.
Don patton: Iake Susan Hills...
courcirman c€vinq: take susan Hirrs is the official name. Are you pranning#L:t *.* entry rl'trE monunents with shurberl,-"J-* ilitr,lI ffi Eit . tr.
Elrn tbtton: Aqain, we're.reviewing a c.,oncept right now and those are thethinss thar ],ou wiu "." in tr*'piliLii'"i7pr"t.
Courcilman @vino: r IpI F"V will crme later but I just want to emphasizethat thaus tre thing trrat foois g-;;.-^n"T;= aII r have.
llayor Hamilton: r h'i,.entertain a motion that
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the devel.trEr would tike tosee concept approvar fol .q* puD so he d-;;
"head ;ith-riis- ;i";';.,u -*.back to us with the preliminary pI";. "*'*"=
Ttre motion !,as made at this point in the meeting anl discussion folrowed.
Mayor Hamilton: r think ,as- rong as the devel0per.has the comnents that a, ofH,H'L-ffin?H i: ilg'iA:i"d'ffJff#i'" u*v .* i."r"," ri,"lEj rt
councilman Boyt: As r understood vrhat Barbara said, our motion has to incrudetlp areas thar ere want addressed. iJ -uil.:J"?*.,
lGyor Hamilton: I think that,s r*hat roe,ve been doing now.
Counci lman Boyt: I'm okay with this if that,s what $re,re doing but if we,reTilltn t motion that uasicarrv inco;p.;";::';. commenrs, rha*s a heck or a
Mayor Hamilton: that'!s r"rhat- werve been doing r thirk for the last hour or soard that's why vou trave the air.us.iJ,i'rJ *'r; the. deverotrEr those concerr:stha t r^re have and thev ogg . _p1- oi -tt
"';ilJ..J and if there are any otherquestions, if they i,u.r6 ..,y questions, they can tird thern -
CourciLman Boyt: - *.. _T Fr1g, if I understand all those commentsbasically get distilled into. what .o*"" tol]s- il-e"xt .time, .then I can live withrt as a puD but if on the other hand ;" ;J""iiy, turn .him ,oose carte blanche#,iY; f:t#H:,*.?'Tr.thinEs;; ;':-d;:"'t them the e,av vou "*-tr=*,
Mayor Hamiltolt- My_ motion incL uded our commentr3T..T. wourd be iiven to rne aevetoper;;;-i;.^ri.ir.ffffT$ ffi".::ff:['fr.1.,".?:.'"hi3oj';;'i;,TiJ;. rr rc 'n"o"IJ to denv them, that,s up to ni,n.
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City Counci I tteeting - June 29, 1,9g7
counci lman Bolt: when this takes the next step down Barbara, does it stilrtake a four-fifttrs vote to go beyord the firsti
Roger l(nutson: yes. When you plan to rezone, when you get to that point,
1ll11. * final rezoning. takes- place wtren you get to itt-- foint of aoirg -ttE
rrrEl plat, that would take four_fifths vote.
courrcilman cevirg: so we have another shot at this. A1r we neeil tonight isthe corEept.
Counci lman Johnson: What does the preliminary plat take?
Roger lcrutson: ltrat takes.a majority vote but that won't do any good unlessyou girant the puD because if ttre prelimirnry prat does not fit inlo the zoningyou canrt do iL unres.s you approve a ptD, wtich is a pre-requisite to doing-any.of ttris stuff, it takes a four-fifths vote.
Courrcilman Johnson: That's not final plat, that's rezoning?
Roger lcrutson: Right. FEzoning takes a four-fifths vote. rhey can't finalplat until they get the rezoning.
Counci lman Bo].t: !{etre not rezoning tonight?
Roger Knutson: l,b, yourre rrct rezoning tonight.
counciLman Johnson: Ibw much additionar information do we have before we goto rezoning? I see a lot of changes to convirce me this is a ptJD.
Roger Knutson: What you'Il erd of having is flnal plats and develognentcontract-s. A11 the details spelled out. Grading plans, Iardscaping plans.
Barbara Dacy: ltre next stage is called the develognent stage which is
slmonymous with the preriminary plat ard under the ord inance it says with theappropriate notification, the planning commission shalL corducE a hearing ontle preliminary plat anl tie rezoning report-s making recommerdation to theCity Counci)..
Mayor Hamilton moved, councirman ceving seconced to approve the ptD conceptreview for 427 single family lots arxl 465 multiple lots, that,s not. an exactnunber any Ionger but the plan that l,re have reviewed tonight as a pUD as aconcept including the councir comments as stated in the Minutes. A1l voted infavor except Counci lman Johnson who opposed and the motion carried.
APPRO L OE RESOLUTION EOR $2q4,S0g.qo TE],IPORARY TAX INCREMENT BONDS,SPECIAL
SERIES 987.
Don Ash$rorth: I wanled to run a listing to shoe, tie imprcts of, I mentionedthe Pheasant HiU project ard tlle potenEial problem r.re may have in that area
and a potential benefit of a loan from the city over to HRA. Nct only toserve their financial needs in obtaining some liquidity but also to rEally
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PLANNED UNIT DEVELO P!,IENT AGREEI{ENT
AGREEMENT, dated Novenber IG, 19g7, bethreen the CITY OF
CHANHASSEN, a lrlinnesota nunicipal corporation (the ,City,), and LAKE
SUSAN HIL,IS, a Minnesota general partnership, and JAI{ES A. C,IrRRy and
BARBARA Ct RRy, husband and wife (the ,Deve).operr).
1. Raquest for plaared lrDit Developmert tpproval. The
Dever-oper has asked the city to approve a planned unit Dever.opment to be
kno$rn as ,IAKE SUSAN HILLS WEST pUD, (the ,Developnent,) on the land
legally described on the attached Exhibit ,A,.
2. plaDred lrnit Developmeat concelrt Approval. The City hereby
grants general concept plan approvar of the pran attached as Exhibit
'B" Approval is subject to the forrowing: developnent and finar stage
approval, a negative declaration of the EAw, conpliance with the EAW
review findings and compliance with the tenns and conditions of this
Agreement ' Except as modified herein, each plat sha,l also be subject tothe standards of the city's zoning and subdivision ordinances as nay be
amended fron tirne to tine.
3. Density and lrse. The foLlowing densities are approxinate
and subject to change:
A. Single Fanily Residential.. The total number of singl.efanily 10ts in the devel.pment sharl not exceed 4r.1. Except as nodified
herein, singre fanily lots shalr be developed in accordance ririth the
uses, standards, and requirernents of the RsF zoning District.
B. Uultiple Fanily (High Density Residential). The
developnent shall provide a minirnun of 21.5 acres of high density
rnultiple fanily residential units- The totar nunber of dwellinsEei.tEsf
111/16/07 w, ,'o'lri3,ZilrY or caAruHnsse,.r
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)
high density multiple farnily residential property shaLl not exceed 375,
or a density greater than 17.4 units per acre. Except as nodified
herein, the development of the high density nuttiple faroily residential
shall be in accordance with the uses, standards, and requirenents of the
R-12 Zoning District.
c. Multiple Farnily (Mixed Medium Density Residential) ' The
development shall provide a minimun of 23.6 acres of mixed nediun
density residential units. The total number of dwellinq units of nixed
nedium density residential property shal1 not exceed 22L, or a density
greater than 9.3 units per acre. Except as uodified herein, the
development of the uixed medium density residential shall be in
accordance with the uses, standards, and regui.rements of the R-8 zoning
District.
l.Parks.TheDevelopershalldedicatetothecityoutlotF
(1,8.1 acres), outlot G (9.8 acres), outlot H (3'9 acres) ' and outlot E'
A credit of 6.7 acres for park dedication will be given for outlot E'
Unless otherwise required by the City, conveyances of the park land
sha1l be nade when the final plat, wherein a park is located, is signed
bythecity.Thelandshallbeplattedasoutlotsandtransferredtothe
city by vrarranty deed- The Developer, at its sole cost' shal1 grade the
Iand for the City in accordance with a timetable and plans to be
furnished by the city. The Developer shall be given a credit of 5ot of
the park fee per dwellinq unit in the plat for the conveyance of the
above described land to the city. The balance of the park dedication
fees shall be paid in cash in an arnount and at the tine required by city
ordinance and policies in effect when finaf plats are approved '
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5. Trail aad Siatet alk DevelopEent. The Developer shall
dedicate trairs and sidehrarks throughout the Developnent to the city as
indicated on the comprehensive Trail p1an. This dedication satisfies the
city's trail dedication fee requirernents. Trairs sha11 be compreted at
the tine street improvements are constructed in the phase rrhere the
trails and sidewarks or portions thereof are located. The Dever.oper
shall construct the following trails and sidewalks:
(1). Eiqht (8) foot wide bituminous trail along the westside of Lake Susan.
(2). Eiqht (8) foot wide biturninous off-street trail a10ngthe east side of Audobon noaa; ana in-"ight (B) footwide bituninous off-street traii--if o"g-ir," east sideof Powers Boulevard.
(3) ' Five (5) foot wide concrete off-street trail-sidewalkalong one side of al-l internaf stree[s Jxcept cul_de-sacs r*hen the streets "." """.ii""t"J.(4). Twenty (20) foot wide bituroinous off_street traileasement on the west side of powers souievarA. fhistrail segment shalr only be """;a;;"t;;-lr-".i"r.i-uvthe City Council. ff. oriered, ttre Oeveioper will
iill"Liilrii=?li"tnl"":*.*H,5i:"::;,i:::i
-iit ti,"
tining will be at the aiscre[ion-"i ti"-city council.
6. Additional conditions of Approval.
A. The Developer sha11 provide buffer areas, acceptable to
the city, bethreen nultipr,e family and single faniry areas to assure
adequate transition betr,reen uses, including use of berns, randscaping,
and setbacks from 1ot lines.
B. The Developer shaLl not danage or remove any trees
except as indi'cated on the grading and tree renoval prans to be approved
by the city and subrnitted with each prat- Trees shaI1 be protected fron
destruction by snoh, fences, flagging, staking, or other similar raeans
during grading and construction.
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. C. Wetlands Nos. 14-10 and 23-01 as sho!'/n in Exhibit ,er
shall be preserved in their natural state.
D. The foIIo$ring shall be the maximun percentage of
allolrable inpervious surface: outlot A 322, outlot B 3Ot, outlot c 318,
and outlot D 272.
E. The Developer sha1l provide $500.00 of landscaping per
nultiple fanily unit and $150.oo per single fanily unit.
?. Effect of Plarned Utrit Development Approval. For five (5)
years from the date of this Agreement, no anendments to the City's
conprehensive Plan, or official controls shall apply to or affect the
usd, development, density, lot size, lot layout, or dedications of the
development unless required by state or federal law or agreed to in
writing by the city and the Developer. Thereafter, notwithstanding
anything in this Agreement to the contrary, to the full extent permitted
by state Ia!r, the City nay require cornpliance with any amendnents to the
City's conprehensive PIan, official controls, platting or dedicating
requirements enacted after the date of this Agrreenent.
8. Phased DevetoPDent. The DeveLoper shal1 develop the
development in eleven (1L) phases in accordance with the EAw. No earth
moving or other development sha11 be done in any phase prior to apProval
of finat plats and development contract for the phase by the city'
g. CompliaDce rtith Laws and RegTulatiotrs. The Developer
represents to the city that the proposed development conplies with all
applicable city, county, Metropolitan, state, and Federal laws and
regulations, including but not linited to: subdivisj.on ordinances,
zoning ord.inances, and Environmental Regulations. The Developer agrees
to conply with such laws and regulations.
10. variatio's fron Approved pra,'s. Minor variances frorn the
approved plans nay be approved by the Cityrs planning Director.
substantial departures frorn the approved prans shalr require an amend-
nent to the Pranned unit Developnent, in accordance with the chanhassen
Zoning Ordinance.
11. LiceDse. The Developer hereby grants the City, its agents,
eroployees, and officers a ricense to enter the prat to inspect the r,rork
to be done by the Developer and to perforu arr work required hereunder
if DeveLoper fails to perforn in accordance herewith.
. L2. Utility, poDd, aad Drainage EaseDents. The Developer shall
dedicate to the City at the tirue of finat plat approvals utility,
drai.nage, and ponding easements Located within the plat, including
access, as required to serve the plat.
13. Responsibility for costs.
A. The Developer shaLl hoLd the City, its officers,
agents, and employees harnless from craims by the Developer and third
parties, including, but not lirnited to, 1ot purchasers, other property
olrners, contractors, subcontractors, and materialnen, for damages
sustained, costs incurred, or injuries resulti.ng fron approval 0f the
Agreenent, the developnent, final prats, plans and specifications, and
fron the resulting construction and development. The Developer sha1l
indeurnify the City, its officers, agents, and emptoyees for aII costs,
damages, or expenses, including reasonable engineerj.ng and attorney,s
fees, which the city nay pay or incur in consequence of such claims.
B. The Developer shall reirnburse the City for costs
incurred in the enforcenent of this Agreement, including reasonabre
engineering and attorney's fees. The Deveroper sha1l pay in full aIr.
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bills subnitted to it by the city for such reimbursements within sixty
(60) days after receipt. If the bi1ls are not paid on tirne, the City nay
halt all development work until the bills are paid in fuII. Bills not
paid within sixty (60) days shall be. subj ect to an eight (Bt) percent
per annum interest charge.
:'a . ltiscellaDeoulr.
A. Breach of any material tenn of this Agreenent by the
Developer shall be grounds for denial of building pernits, plats, and
certificates of occupancy.
B. If any portion, section, subsection, sentence, clause,
paragraph or phrase of this Planned Unit Development Agreement is for
any reason held invalid as a result of a challenge brought by the
Developer, its agents or assigns, the city nay, at its option, declare
the entire Agreement nulI and void and approval of the Final Development
Plan shall thereby be revoked.
c. The action or inaction of any party shaIl not consti-
tute a waiver or amendment to the provisions of this Agreement. To be
binding, amendnents or waivers sha11 be in writing, sigrned by the
parties and approved by written resolution of the city council. Any
party's failure to pronptly take legal action to enforce this Agreenent
after expiration of time in which the work is to be completed shall not
be a waiver or release.
D. This Agreenent shall run with the land and nay be
recorded in the Carver County Recorder's office.
E. This Agreement shalL be liberally construed to protect
the public's interest-
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F. Due to the prelininary nature of many of the exhibits
and plans and the tining of the overall Development, addendums to this
Agreement nay be reguired to address concerns not specifically set forth
herein.
c. This Agreenent shall be binding upon the parties, their
heirs, successors or assigns, as the case may be.
H. The Developer represents to the City that the plat is
not of "metropolitan significance, and that a state environmental inpact
statement is not required. Howewer, if the City or another governmental
entity or agency determines that a federal or state irnpact statement or
any other review, perrnit, or approval is required, the Developer sha1l
prepare or obtain it at its olrn expense. The Devel0per shall reinburse
the City for a1I expenses, including staff time and reasonable
attorney's fees, that the city may incur in assisting in preparation.
15. Notices. Required notices to the Developer shal1 be in
writing and shall be either hand delivered to the Developer, their
ernployees or agents, or mailed to the Developer by certified or
registered nail at the following address: 7600 parkla$rn Avenue, Edina,
tlinnesota 55435. Notices to the city shaI1 be in writing and sharl be
either hand delivered to the city Clerk or mailed to the city by
certified or registered nail in care of the city clerk at the following
address: P-o. Box r47, 690 coulter Drive, chanhassen, Minnesota 55317.
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rN wrrNESs WHEREoF, the parties have hereunto set their hands
the day and year first above written.
CITY OF -CBANHASSEN /\'/
BY: I I
T omas rt am1 Mayor
BY:
Don n/orth ,l-ty Managei
I,AKE SUSAN HILLS
BY:
Ap ner
JAMES A.RRY
STATE OF MINNESOTA
COUNTY OF CARVER
The foregoing instrument r^ras ackno$rled ged before me this P-day of | ]-98'7, by Thomas L. Hamilton, Mayor, and by DonAshworth, C t-ty Manager, of the City of Chanhassen, a Minnesota muni c ipa 1corporation, on behalf of the corporation and pursuant to autho ritygranted by its City Council .
STATE OT' MINNESOTA
)
(
)
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(
)l-COUNTY O
ss.
instrumen
, 1987 , by
r.^:N.r. Ei.a:
il(J rr.A? Fijauc -
cAF.'." :1 a.:'L? ca++.$.oa r.
.., i_rT
1-t'-9t
e fogegoing t was acknowled ge tnis ,/ *
day ofpartner of Lake Susan Hi.I]s, a
behal f .
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d before mePmgcn/4e1 /)
Mi nnesota general partnershi n
,aits
/z('' ;-t.,Zr'r{
EABEARA FISHEFNO' RY PUELIC - f,,INN€SOTA
HENNEi,Ii.J CCUNTY
AIy CoDm,s!,o. Erp,r6r JJry t, tgg?
-8-
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NOTARY PUBLIC
BARBARA CURRY dl
i:i,.:. , r'-r nr(:, :STATE OF MTNNESOTA )
(
COUNTY OF 'it.rStp,,- )
- The foregoing
day of \)tcr,^hr.<
t"- rr:J
SS
instrurnent vras acknowl-edged before me this I, !987, by JAMES A. CURRY and BARBARA CURRY,
-
husband ana dife.
DRAFTED BY:Grannis, Grannis, Farrell
& Knutson, P.A.
403 Norwest Bank Building
161 North Concord ExchangeSouth St. paul , IitN 55025
( 6t-2 ) 4 ss-16 6L
-9-
F--xu,,rrt nO " @ @
LEGAL DESCRIPTION FOR LOCATION P URPOSE ONLY
AI1 that part of the Southvest Quarter and the Southeast Quarterof section l4 and rhe north .n"]nrii-ir'Ehe Norrhwest Quarrer andthe Southeasr Quarter of the rvo.lr,"""i-qrarrer of Section 23, atlin Tor.,nship tt6. Rulg:.,2f,_Caruer C;;;.;, Minnesora Iying south_erly or ourtor D. cHiNHASSEx LAKES-BUIiiliss pnni;-;";;;;i";-..the recorded plat thereof, saia Carr"r-Cornay, and lying lresterlyof the vesrerly right_of_way fi.n.-of-new Cornay Road No. 17.
EXCEPT thar Darr of the Northvest Quarter of said NorEhwestQuarter- 1yin! westerry of tn" i"irJ"i"j described line and irsnortherly and souEherly exEension:
Commencing at the southeast corner of said Northwest Quarterof the NorthvesE Quarter; ttrence-iouth g9 degrees 04.Einutes49 seconds WesE, bearing'"r",rr"J,-.f orrg the souEh :1ne ofsaid Northvesr Quarter Jf tne uoittr."E Quarter, . Ji"a.n""of 790.00 feer Eo the point of bejinnrng of the line ro bedescrj. bed; thence Norcir I degree 5Z ,inrrres 27 seconds I./est,. a d j.srance of L6O.00 feet; tience North Ig d"gru." ii-minures 33 seconds Easr, a distance of 330.00 f".i; ih".,..North_52 degrees 00 nrinutes 00 seconOs West, a distance of638.57 feer; rhence Norrh t aegiee-SZ minures 2t-;;;;;;"Wesr, a distance of 150.59 feei to a poinE on the norrh Lineof said Norrhvesr Quarter of the Nortirvest Quarter Ji"a.ra156.07 feet vesEerly of the northwesE corner of sai.dNorrhh'est QuarEer oi the NorEhwest Quarter .= ,.."ri"a arorrg
.
said north 1i ne and there terrninating.
ALSO^ EXCEPT that part of the east one-half of said Northvestvuarcer Iyinq uesterly of the vesterly righE_of_uay line of saidNew- f,6un1y R6ad No. 17 and .or.ir"iiy-inl easterry of rhefollowi.ng described line:
Conrnencing at the north!,est corner of the Southeast Quarterof the NorEhuest Quarter of said SecE j.on 23; thence Sourh Idegree .50 minutes lT,seconds East, bearing assumed, alongthe wesE line of said Sourheast Q;arEer oi the NorihvesrQuarter, a dj.stance of 675.00 feer; Ehence Easr, -;-Ji;;;"..
of 305.00 fee r; Ehence Norrh 40 delrees 00 minuies 00seconds EasE, a di.srance of 270.00 feeE; Ehence Norrh 2degrees 00 minutes 00 seconds l./esr, a di.srance of ZOO.OOfeer; thence North l9 degrees 0O minutes 00 seconds West, adisEance of 323.00 feet; rhence North 69 d "g;;;.
"00 ,irr.""00 seconds Easr, a disrance of 130. O0 feet ,'if,""."-U"rii ZOdegrees O0 minures 00 seconds East, a di.stance of 410.00feet; thence North 89 deg:ees 00 minutes 00 seconds EasE, adisEance of 395.74 feer ro rhe vesrerly .iBha_;a_;;y-iii. ofNew CounEy Road No. l7 and there rerminati;g.
o o
LEGAL DESCRIPTION FOR LOCATION PUBPOSE ONLY
part of the eas E one-half o f the SouEheasE Quarter ofCarver Coun t y, Minnesota
o1d County Road No. l7 as
,/e
A11 r
Secti
lying
Erave
haE
on
easEerly of the cent
15, Townshi p 116,Range 23,erli.ne oflled
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City C.ounci I lGeting - October 5, 1987
4. Range be restricted to bus iness use relating to the sale of bows.
A11 voted in favor ard motion carried.
TAKE SUSAN HILLS WEST PT,ANNM UNIT DEVELOPMENI, LOCATM ON THE EAST AND WESTSIDE OF POWERS BLVD., APPROXI MATELY L/4 MILE SOTITH OF HI GHWAY 5, ARGUS
DEVELOPMENT:
A. APPRO\TAL OF CO\ICEPT PT.AN,/PUD AGREB'IENT.
Mayor Hamilton: Is there anlthing we need to go over? Werve done all this so
many times ard maybe we should just get lnto discussion ard express ourquestions. On (a) I know BiII had questions on (a) atrparently. vthy don't wejust do that. BilI you can start seeirg as how you probably have morequestions tlEn t}Ie rest of us.
CourE i Iman Boyt: I may well be able to satisfy everylcody's concerns. I guessI'd like to ask, first Barbara, is what you just said, that i tem a is goi;g to
cgme back to us again?
Barbara Dacy: Correct.
@uncilman Boyt: hhen item a comes back to us again, it needs to have thefollowing. Gle of the things is that you'Il notice on the map that there are
several loops. Al1 of those Ioops need to have a trail system on one side ofthe road. That means the park ard Rec has already asked for a Erail on halfof that. My discussions with park and Rec ard tpri, they do sulpor t my
request for trails througlput the loops. Ttle other item is that I feel the
Park and Rec fee of 504 is going to be reguired to provide the necessary
equipment for those tErks. I certainly think the developer deserves a 50?reduction. !b may deserve more but I think we have to protect enough moneyin the park ard Rec furd to be able to fully equip these parks that we,ll bebuilding. the other point I $rant to see irrcluded in that is, I want to seesome definite figures about the maximun amount of sur fac.,e that vri[ beclvered with tard surface in the high and medium density ou .ots ard theactivities that the developer is proposirg to take to brerd those high densitylots into the high ard medium density l-ots into the singJ.e family relidential.
Barbara Daqa: If I could just speak to i tern a. fhe Cier @uncil, as yourecalr, had a joint neeting with the pranning conmi.ssiori to consider tfris it *ard erhat the intent of the pranned unit Develbprnent Agreement was was to
incrudg in ttat agreement all of the items of concern- that vrere brought outfrom the_pranning commission ard the city @uncil that would guide 6 futurephases of this develognent. Ebr example, there wourd be the r-ecommendationfrom tle Park ard Rec commission, larguage as to what outlots slpurd be usedfor multiple family density arrJ at what density, how much acr@ge strould begiven to parks, etc.. unfortunatLey we vrere unabre to meet witti the aFpl icantin time to discuss ard really have a good discussion as to the terms oi'theagreement so the recommerrlation is that the other items of a[?rova]. here be
lubj ect to execution of that agreement ard that will be bror:g-ht back on afuture agenda.I
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City Counci 1 l4eeting - October 5, I98?
Counci Iman Johnson: Is ttlere room within the outlots for the high density toput settling pords ard etc. or should r,,e be tookirg at those at this point?
Barbara Dacy: Yes, tltere is acreage available within tJre multiple familyoutlots. As a comparison, the sites that are zoned R-12, for example the
northern balf of the James piece, the zoning district lists a maximum lot
covering 35?. Buildirq ard parkirg area can not exceed ttp 35? of the lotarea. that dictates really 65% of the o[En area. In Mr. Jacobson's
development on the James prolErty, he did include a small retention facility
along Kerber Blvd. Some of the outlot areas in the E'UD development will be on
a larger scale as far as density, 15 to 16 units [Er acre but again, staff caneasily work with ttre developer to establish a ratio of 408 to 50t of the lot
so there will be, if needed...
Mayor Hamilton: Don, do you want to respord to some of those points on the
concePt PIan?
Don Patton: In response to ttrc coverage, what werve done is taken each of the
outlots you see this. wetve combioed C with D ard shown a layout. As you can
see on Ortlot C, itrs zoned R-8. With the density we're looking at, the
design would be 32 units. The acreage would be 35. We're not quite achievingthat with this plan. Again, it's kind of an odd shaped piece. the coverage
incltding building ard parking is 3l?. In Outlot D below, again the same
zoning and again ttris did have the density transfer as ]nou mentioned. the
parking is down south of here. Is the mediun density R-8, 95 with what was
planned for the area arld the density transfers from the park, werre getting 96
ard werre zoned for 95 so we can achieve that fairly well with urdergroundparking. Gre per unit. the coverage on that is 272. I guess the way Irm
approachirg these is probably the way we see it be developed also. This is
the outlot B. this is a little more difficult site to deaL with. It's zonedR-8. 48 units is what \re can see goirq in to it at this point with this
design. By the acreage, werre looking at 91 units. A little over half onthat. The coverage is 30%. This is the multiple site. O:tlot A, high
density R-12, we're Iooking at 378 units on there. the design of t}le pUD
based on acres is 375. The coverage on this is 31.5? so I think aII of the
density clverages.
l4ayor llainilton: Are your questions being answered BiII?
@uncilman Bo!.t: They are beirg answered. I have a question about the
greenery on tl:ose. Can you tell me if those represent trees?
Don Patton: Yes they do. The thinq that we would anticipate, ard I think a
normal standard that Irve seen in develognent that you would see with each of
these would normally b $4S6.0g lo $5qA.Oq per unit lardscapirg for greeneryin alt of these.
Councilman Boyt: Are you able to provide that sort of tree coverage with $)at
anpunr? $4ss.qg 6 $5qq.qg tEr unit?
Don Patton: I guess we haven't cost it out. lhat's some of tlle job I,m doingright now. One of the things that this doesn,t show here, as you see here,I
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there is some naturar greenery that goes through some of the areas. r knowthatrs a concern on this. we talked about on slngle family that !,rould be r50per unit with the singre family puD. Again, I think 9500.?0 is a reasonabrefigure. Again, your concem was coverage, transition, I think thelandscapi ng, _ berming and design wiIJ. rellly help in transition. Again, eachof these outlots will come before the councit again. vle unaerstari i6counci I ard as a part of our regotiations with ilis, when densi ty will openthis, that wirl be achieved with this so r think that that would anserer thosequestions. With regald to blend ing transition...
councirman- Bolt: r'ray r ask a question? you irdicated berming. courd youtell me a little bit about that or show r.,hat lpu mean?
.Don Eltoni Tfe thing, as you look like this, this is a pord here. Ihis willbe colrecting water from streets over here and also from this area coming downhere. into the settlirg pord. r think you're lookirg at probabry sorne beimingin through here. with the park-being irer" you mignl wa;t to ao'some ferming"separation on that at the top of the road. - this is a very steep srope goingdgrrn. It's impractical to do ttrat. we,ve gotten into s6me of tt" i""igr,=with tl* ergineer. wetre rookirg at another porrJ ing area right down this wayso that slope here, I would see some possibfe berming here. Again, f Jon,teran! t9 profess to you that this is what wirr be built on ttp iite.' These arestrictl,y possibilities of wttat could be built.
City Courcil },teeting - October 5, L987
t
councilman Boyt: M!. patton, r donrt $rant to confuse you about this but ifitrs not trris good or better than rrm not going to vote for it so thatrs r.rhatI rrant a commitment to is that we're building this or better. By better Imea-n that you're going to have t].is or Iess hard surface. that -you,re goingq lT""- this or more greenery. I think that,s what we've been taikirg ;boutright along.
Don Patton: r rearize that. My point is the buildings may not be exactrythis design. They may have more berd. That's exactly my point. r donrt vrantto try to decide that. I don't think you srant. to at thi- point.
l"layor Hamilton: Did you have any other issues?
Don Patton: I guess the other issue I wanted to address was the looping oftle walkways ard park credits. We've be€n through the parks Commiss-ionltheir recommendation was one side. sidevrarks on the major streets. AcEess tothe parks- This is rearly what has been settled on. that rec,,cmmerriation wasthat the 100? trail fee be credited to the developer as a [Ert of that.Again, as a part of developing the parks in througn here, it had beenrecglmended as 504. I guess tl.e thing that we would like to see, there.sreally.three things that I see the park people. One is to buy lard. One isto grade parks arrl the other is to Luy equipment witn. we ar-ready tarked inour discussions arrl made a commi tment to you that we're donatirg iard. We,vealready said we wiII grade the parks down.- Again, the demand helre is toprovrde economical housing. .The more burden you put on that is goirg to pushthat thing.out.of sight and if anybody has be6n trying to uuy a ious6 --
recentry with interest rates goirg l,p, the market is goirg aown dramaticarly.I vrould like to see ttte Council give us a greater percentage of tJ:e park fee
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I City Courcil !4eeting - October 5, L}BT
to help cover tiat cDst of rooping any of the walks in here. creater than 50EIrm suggestirg. 30? Eo buy the soccer fieLd goals, backstops, build tenniscourts and again, youtre looking at 1,1600 units so at 75? rate you,re stillIookirg at l,g1g times say g!25,gOA to g]-3g tO6O.gA so yourre stiil lookirg atsubstantiar number of dollars to provide the standardJ for the parks. r Lhink
Fui':.u reasonable request. Ttle other thirg that I guess we r6alty do needto talk aborlt ard cnry warren arri r have had severar discussions on-, as a trErtof the originat desigrn it had been irdicated to rrs that there was sirictly agravity system desird in the sanitary system. As a part of the requestthatrs com irg out now ard i.n the str:dy, they've asked for rift stations. rguess if that's what eng ineering wants, that,s no problem. ltre thing I guessr am corcerned about, ard r just want to use this as an exnapre. th6re wirlbe changes as this, we're talking about a pUD and we're talking about adevelognent. werve expressed the willingness at sone point, d6perd irg on whatthe storm sewer, again tarking that this pond here is loing' to'cover it, u,"tthere wourd be a pord here with a swale goirg dohm through -here for tlle stormsewer- rf itrs decided that's not needed, this can be bior:qht across. rthink we do need to have an urxlerstardirg but r think we ari need someflexibility because as we. get into thing!, we had shown you a ptrasing di.gru..rf the lift station is going to be required down on the iropea'areasi we,vegot to change tfre phasing because we tEve to build a road t6 get to ihe liftstation. we want to work in good faith with the City. With fuE staff: Withthe @uncir-. we want to build affordable housi ng foi people who want to rivein Granhassen. r think you've given a wide enoug-h incolne
- rarge rrom aensitieshere, high density here.to medium housing to veiy nice housin! here. i g,r"".in sunmary, we do want to provide the trinsition. Werre willirg to do theIooping. we vrould like to have 758 credit on the park fee. eg;in, iio* th.standpoint of cul-de-sacs,
_ we donrt have a problem'doirg that.' cr,".,gl"g itlater. Again, working with the engineerinqi detrErtment. Are there aiy otherquestions?
councirman Boyt: prease 1et me kirrl of concLude this. since tori is here,one of the questions that r asked Lori to research for me was do we need$2o9,q00-qq, which is approximatery hatf of the fee, to provide tr," n"..==..yequipment for these parks because I thinx as Mr. patton has stated, Ehat thatrealry is what ttre park fee enc-ompasses. rhe equipment "rong wid "n"C n ,"
already given us arri tor_i,.1aybe yog can resporrl to that arO if you ,oufa uf"orespond to your sense of this g:estion about trails through tfre ioops. -
Iori Sietsema: OlGy, first of aLl on the $2gq,6SS.6A which would be abourhalf.of tle park dedication fee, will develop those parks. f;*-p."[ty -
confident with the gradirg done, we can go in ana tinisn otf tno'"e p.'.Xs. Icanrt tel- I you if itts going to cover, if we would have an a*".=. oi .rotbecause the park ard Recreation commission arrl the councir nu""nit -J""ia.a
wrEt they rrant to do in .those- rf trey vrant to see buildings or ir-tir"| "untto keep it to the bare minimum- so r ian't telr you how mu6h in excess'ofthat s200,09q-0o wiLL be spent but I feer fairry confident that...wiirr wnatwe've done in other neighborhood parks. As far as the trair, at the park ardRecreation commission rieeting we'did not Lrr-uro,rt pltting trairs alonq theroop at that rime. Ar other iimes when rhe commissi6;;;'iJk-;r-i-i?, .n"ydid say, some said, they never made a motion on it. r .un'f "uy il;" u-consensus that there was a formaL motion made about it but there'was
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City Courcil tteeting - October 5, I9g7
conversation about, at reast some of the commissioners about getting trailsal.org the IooIE as well. Especially goirg do$n to ttE Ig acre park.
Councilman Johnson: Or the loops and park reduction. My feel ing, afterIistenirg to all of this ard saying we don't trails to the palks; that'sessential to me. I wouldn't be willing to look at it, the cost for the trailsalorg there ard look at another 2gZ off of thel additional 2gZ W to 7gZ iftlnt is dedicated to the trail cost. If tiat trail clst doesn't cost that
mud), $lgg,gg0.00 or whatever it is, if the traiL cost is goirg to be
$50,699.0q, I'd say $re could pull that off of it. I don't have a feel for
what the trail cost is going to be. What wetre talkirg there. Ttat's the wayI would like to approach that is yes, the IErk has said we've got tlEt...
Don Patton: One thinq I think vre ne€d to deal with on this thirry is not the
numbers but lErcentages because construction oosts today is going to be
di fferent from some of these things develop in 1995 ard that's tlre reason thatI guess Irm suggesting. the same thing for whatever the parks are. you're
still goirg to have a tennis court or ball diamord. Those are fixed costs
today but as you all krow, tle sidewalk cost is $225.69 right no$/ arrl thatwill proably b $250.99 ox S3qq.a6 or S506.qg by *e year 2Toa. AIl those
could go up and I would like to see trErcentages rather than actual costs.
C-ouncilman Johnson: You're telling us you're not goirg to develop this until
the year 2gq0? As far as the single family residential? I disagree. I wouldlike to see what the numbers are in today's dollars ard if today's dollars
comes out at $25,909.06 and yourre wanting anoEher $L09,066.00 above arri
beyord the 5SA that we've got right now, Irm against that. I would like to
look at today's doll-ars and what today's dollars buys for trails along those
loops includirg the loops into the park ard have that apply out.
I'byor tlamilton: I think that r,las already done wasn'E it Don?
Don Ashr^rorth: Staff did do a calculation based on a previous recommerdation.
O:r finding was that, as recommendd, it did break even in comparison to total
charges for trails but again, that's a different number to estimate. we cluId
tave 20X to 252 error.
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Crunci lman Johnson: WetI, I would like to at least see the numbers before I
make a decision is what I'm saying. If the numbers come out, I may feel like
add ing 25? to t}le numbers but I havenrt seen the numbers. I have nothing to
9o upon. Iheyrre askirg for 5lg0,g06.gg Eo complete these traiLs. I want to
lapw if it's going to cost the developer $Lgg,gLg.gt, that may be reasonable.If it's not goirg to cost h.i'JI. $Lgq,qqq.ao, I donrt think it's reasonable to
ddoct $L60,o6o.06. I think there is some room for c.ompromise here. I thinkitrs definitely no good having a park if you don't IEve trail,s to get to Ehepark. We can trIrt all the eg.ripment r"re want into it but if tte kids get hit in
the street goirg to it, it doesn't do us much good.
Courcilman Geving: Let me ask tori, in the original concept plan you asked
for a 562 reduction ard no trail. You had asked for no trail dedication be
IEid for by the developer. was there $me reasoning for us to change in the
middLe of the stream here ard now ask for the Erail loop? Did you ask for it
, rle
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T or was that something that the develo per brought back tonight ard you haven,tseen before?
Iori sletsema: the trair fees were recommerded at L06z credit be given. thatwas reconmerded by the conmission al0rg with 50? in park dedicatiori. ---
9y:.i|1t." Geving: So now .if we take $i:gq,\gg.g0 away from the original$2AU,0OO.6A, werre down to. 5t20,-gg0.qg.ougf,iy. Can yiu stifi -aev"ioJ-ii,e
parks tlre way you had envisioned?
.,AS.ui.", not knowing vrhat exac .y werre talking about going inthat two tennis courts on one l6cation clst .igtt .,o* roughly
Counci Iman Geving: tet me ask you again, if we were to go back to touroriginar position ard we put in-tbe iraiis ouisetv"s, thJ loops o.i.'""iio ..gwent for the original 508, wouldn't that be a better ' situati.i r.i-r."i'
tori Sietsqna: If r€ put in the trails ard ask that I,Ot trail fees be IEid?
Courcilman Geving: yes.
Councilman Johnson 3 1tre additional trails.
Courcil.man Geving: Any.additional. I guess the question I,m asking is, arewe absorutery convinced that $re need tte- trails thit ... b"i,E -;"fJ iJi t.orothe Park and Recreation stardpoint? Is your anshrer yes or no?
Ipri Sietsena: Tr," urrierstarding that r had gotten from the commission thatthose trails are very important.
Gary warren: r think tle-.pgin! that keeps coming qr in these devel0pnentsalso, is hrhether wetre tarking bituminous or concreG ard you're turiil.,q tri""as much roughly for concrete versus bituminous so when you- start tarki;;credits, I get the feel irg that r^re,re Ieaning *o.. tor.iJ" ;d;=;:;';",recognize tte expense for naintenance on thai aorn tL.,"-io.a--"v-!
ev sr -r
Councilman Johnson: Are rre talking 5 foot concrete?
@urci lman Boyt 3 yes.
Counci Iman Johnson: ,Ilecause ]ourre not talking g foot concrete?
Councilman Boyt: Uo.
Counci lman Johnson: Ibcause tJrj.s is thror:gh som&ody's front yard here. Somewill be bituninous.
courcirman cevinq: A.d th?! was the originar recommencation from the park arriRecreation, is that correct?
Iori Sietsema:there. I know
$25,066.90.
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City Council },leeting - October 5, ].:g8'l
ts4
City Courcil l,teeting - October 5, LggT
l,tayor tlam ilton: We have a park ard Rec Commissioner here, perhaps he canclarify that.
Ed }lasek: I think originally when we looked at this particular project, r.re
were goirg on the basis of the things that we had looked at in the past alrl Ifelt being a new commissioner, it had been suggested that perhaps all we
needed in this proj ect was the main rod be taken care of. On closer
examination, in realizing that werve got a fairly intense developnent as
cempared to other areas of the city, we felt j.t absolutely necessary that sre
get a more intensive trail qlstem to serve t.I1e people that rrill be living
there. Thatrs why we have... tilot only that, I think probably that decision
came after tlle results of that survey $ras sent out as well. ltre City as a
r,rhole is interested, the people are interested in trails so there's no point
in not taking care of that problem... I didn't see the tolrcgraphy on this
lErticular study but just in Iookirg at the topography, just the way itrs
proposd, I heard comments about the nrmber of culie-sacs. Did the develotrEr
cqne back witi a plan?
@urci lman Geving: Yourre looking at it.
Courci lman Ceving: I don't think itrs been revised a great deal. I think
this is pretty much the sa e in teEns of the nrrnber of cu1-de-sacs.
Don Patton: Wetve taken some out. One of the things that ),ourve got. here is,
it's really basic what we did here. We did save the current loop for one
street up in through here. this could possibly be done if we would eliminate
this drairnge down through here but again, tte topography is very tough. We
had a oontour or if we t ant to study this, you can see the very steeP
contours. Again, this hash mark is 15? slopes which is really dictating.
Again, we've got a ridge that runs like this with a flat area in through here.
Again, your slopes, you're just goirg to eliminate or necessitate the cu1-dd-
sacs.
Mayor tlamilton: Yes, I think we've reviewed that pretty extensively in the
past. Thanks for your cqments Ed.
Courc i lman Hcrn: If I heard right, what we're hearing is that the
recommefilations werre gettirg now for adi tional. trails ard the fee are not
the original recommerdations that we received when $re reviewed this from the
Park ard Rec. ller., things have c!file up in the meantiJne.
Lori Sietsema: the fee is the same. the fee recommendations are exactly the
same. The only thing that is in addition is to build trails along those LooPs.
Those are tie only additional things com ing from the Park and Recreation
@mission.
Crurcilman tbrn: You said LQAZ foc the tlails without tlre Ioops initiauy.
!'low youfre askirg for the loops ard then LATZ fox the trails arxl 509 for
par ks ?
I
I
u
35
Ed Hasek: This is the revised plan?
-r f}R,! 1re.,
I
City Courcil t4eeting - October 5, 1987
Can we talk about tlre issues rather than the park arrl Rec
qY:il^g .tlrrn: I grlcss I have a @ncern with ctanging the rules in themroore or ttE alx)rova.L process. we went along with the originalrecormendation arrl I donrt tlrink that came to us via part< aiA rec.
I-ori Sietsema: No, I wanted to emphasize that park arrl Rec did not make aformal motion with this addi.tion. they just merely mentioned it. rt ii-tr,.y.hd."g an orersight on their part. rtit trrey aiain't aii-ioi ti"t J-*=beginning but there was no moti-on made arri ..yt it stroura nave co.. io-.motion ard then v,ould bave been brought to yorir attention earlier.
counci rman -Horn: r guess ttEt's -the only corcern r have. r don,t rike to sethe rules charge as the progress trappens ln tne Aevetognent.
@urci lman Johnson: r bel ieve that to say sornething in defense r guess of ourLu.I "4 Rec Commission, we have ...,y .,"r'."*Gis on the Commission. rhis istieir first puD anl r donrt. think t,,,ay reatty unaerstood the zuo .on =pl" orwhat a PUD r,ras anr the negotiation prLesse.'of the puD ..c r-ti,inr--ti,!i'u.the group has natured rpw. ltrey'rj fairly nen^r.
Lri Sietssna: yes.
Mayor Hamilton:
@mission.
Councilman Horn:
recormendation?
_l
Courcilman Johnson: I think $rey,ve come to grasps with the issues becausethey now tnve much more exper ien-ce in theii i 6u-ir: they are ;;;i";.;* "recqrmendation tlat I think is very appropr i-a te.
What was the dollar amount due to the charge in the
I
t ri Sietssna: I donrt know that the park @rmission.
Don Patton: g7S,g1q.OA.
l'tayor tlamilton: Do }rou have something additional Eal that we haven,tdrscussed?
F. rhsekj I guess my question i",- g" body t]rat makes the decision on thisllirvr tne governing body is you forks. we serd you these recommerdations.rf hre are recommerrc ing tiat r,,e created an oversig:ht, certainry-ifG-riaii"
ryyr. poru"I to charge anlruhing that you've done in the tEst. <iuncirs ao itaII the time.
l,layor Hamilton: you're right. I think re,re rrell aware of that.
Councilman Geving: !€ try not to though.
cour.ilman Boyt: r rdourd like to make one slrmmary point here. r think we,rebeins reasonabre in savirg the rrair fees cover triii a.""lopnlnf Ji^i ani.rr
Yre. -park ?rri k oepartment has said ur"y *oura have asked for arr of thosetrails arrl wish tt*y had.
.Ttre
most they would have qirren,-;;- iLV?iJ f".
37
r
L06
City Courcil l4eeting - October 5, 1987
all those trails, is a L00Z reduction in the trail fee. I don,t thj.nk weshould be taking money out of tle park fee to build trails. Ihey are twoseparate fees. we set them up wittr a trail fee sufficient to buird trails so
now what Irm suggesting is tiat this is a good development. . I'd like to seeit go forward but to get my vote I,d certainly like to see a 508 reduction in;xrk fees, 1068 reducEion in trail fees. Itrank you.
Roger Ittutson: May I suggest, since as Mr. Johnson pointed out, this has not
been written r4). I would suggest that lrour approval would be appropriate, if
thatrs what you want to do, subject to us $rritirg it r.p, meetirg with tlle
developer and going over the specj.fic word ing ard bringing it back to you.
PerhatE puttirg it on a consent agerda.
Courci lman Horn: I stiU have a corcern with requiring additional trails.
Mayor tlanilton: Ihat seems like a good idea. If we're going to do it, we
might as $rel I do it right the first time ard get it finished rather than
wishirg r.re had.
@urci lman Johnson: Are there anv trails r{e could trade off?
Councilman Bo!.E moved, Courcilman Geving seconaled to approve, subject to Staff
review, ttte @ncept Plan/PUD Agreement for take susan Hills west with the
coverages mentioned by l,lr. Patton in terms of impermeable sur face in the
medium ard high density areas not to be exceeded. With urxlergrounl parking to
be provided as stated in his remarks with $400.09 to $599.06 per unit being
provided in landscaping and berming efforts to make a transition in those
areas. That tlte pa.rk fee be reduced by 503 ard the trail fee be reduced by
100t with trails completed tirough the loops ard subj ect to the execution of
the PUD Agresnent. AII voted in favor ard motion carried.
IAND USE PT,AN AMENDMENT TO AMEND THE METROPOLITAN URBAN SERI/ICE AREA BOT]NDARY
TO ITrcLUDE 15 ACRES FOR LOW DENSITY RESIDEMIAL DEVETOPMENI AND REDESIGMTE 40
ACRES AS HIGH DET{SITY RESIDE$ITIAL,tzacnssAsp@-
{
I
ACRES AS LC[., DE]ISITY RESIDENTIAL.
l.rayor ttamilton: Do we need to have discussion of this?
Resolution #87-LA8: @uncilman Johnson moved, Mayor Hamilton secorded to
adopffiE Use PIan Amendment *87-3 to amerd the MUSA bourdary to include
15 acres for low density residential develognent ard to redesignate 44 acres
of high density residential, 33 acres of parks and oIEn space arrJ 3I acres of
low density residentiaL Eo Iard uses shown in AEtachment #13 subj ect to
execution of tie PUD Agre€rnent. AII voted in favor and motion carried.
REZONING OE 29.9 ACRES FROM R-I2 , HIGH DENSITY RESIDETMIAL,R-8, MIXED MEDIUM
DENSITY RESIDENTIAL AND R-4, MIXED tOW DENSITY RESIDB{TIAL 10 PT'D-R, PTANNM
TUNIT DEVELOPMENT - RESIDENTIAL.
38
/i-0?
I
City Counci I !,feeting - October 5, LggT
c'ounci rman Horn moved, courc,i lman ceving secorded to approve the first readingg_tlte f?onirg request #87-3 ro ."ror*igg a"rk or nii, n-a, R-8-;J n-rz toPUD-R subj ect to approval. of tie finar plat and execution or ii,. J.u.rop.*tcontract. - Also, subj ecE to tlp execution of the of tte e.D agi**L.i.-.af fvoted in favor and motion carried
PRE'IMTIqRY PIAT oF 39-4. AcREs rlrlo 76 srt{cLE FAMrL! tors oN pRopERry zoNEFED-R:- -'--- =:
Mayor Hami lton moved,
#87-3 as shown on thefollowing conditions:
I
Oourcilman Hcrn secrnCed to approve the preliminary platpreliminary pLat dated september 16, 198; ,ith-th"
fte proposed rccess points from CR 17 (powers BIvd.) must receive anaccess permiE frqn Carver County.
the applicant slrall provide a detailed larriscaping plan for CityatrX)roval prior to final plat alproval.
the ap_pricant stralr provide a tlee removar plan arrt sharl reforestlots 5 ard 6, Block I as recommended by the'DNR forester ..ri-"ppio""aby the City E:gineer.
the linear strip of Iard along the west side of take Susan beobtained as shown on the concept plan #3 ard that an 8 foot widebituminous trail be constructed cr such at tlE time of constructionof phase I.
A 5 foot wide concrete off_street trail/sidewalk be constructed alonqthe main street that crosses powers BIvd. ard that ti," t*ii-t ---",
placed m the same side of the street i; ;[ Lignu".noG" "l-* .omatch at the powers Blvd. intersection.
A [Erk access of not less than 50 feet be obtained off of the mainstreet on the r.rest side of powers Boulevard.
Approval of l{etlard Alteration Fermit and compliance of allcorditions.
the applicant shalr enter into a develoFnent agreement $rith the citvard provide necessarv financial suretiei ." p;;a;i;i;';;;;;";i*for completion of tjr-e improvenents .
The applicant shall obtain.arrl _comply with all permits required bythe DNR, watershed Disrrict ard th; btfi"" oi if,. Carver CounryElgineer.
the applicant,s engineer shall provide calculations evaluating waterpessure/flow corrlitions for watlrmain= .tlh;;; "f tG ;i;J;;;of Blocks L and 4.
3
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5
7
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39
- l.taf
-!-Uc,
City Council l,teeting - October 5, 1987
II.An additional gate valve shall be added to the S" eratermain in ttre
vicinity of ttre southwest corner of Lot 22, Bl-ock I.
13.wood fiber blankets or equivalent stnll be used to stabilize all
slopes greater than 3: I.
14.Type II erosion control (staked haytrales and snow fence) shall be
added alorg with the proposed silt fence adj acent to wetlard areas
14-05, !4-07 ard along t}te east erds of the develognent which are
adj acent to take Susan. A floatirg siltation basrrier shall be
considered as part of the final erosion clntroL Plan to Protect lake
Susan -
t5.A1I utitity improvements shall conform to the City's standards for
urban construction.
WSTT,AND ALTERATION PERMIT FOR DEVELOPMENI WITHIN 2OO FEET AND CONSTRI,'CTION OF
A HOLDING POND WITHIN A CI,ASS B WETTAND.
C€ry warren: I guess we're looking aE a number of areas. Specifically in
that area I'd have to l-ook, again I don't have my plan with me on just r'rhat
we're providing. l,laybe Mr. Hill could address that. I see he's here but as
far as the plans ard specifications reviewed for that area, I guess werlJ' be
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T2
n
courci ]man Johnson: I'm tooking primarily at the wetlands next to lake susan.
The discharge into take Susan from the ravine that is in Block 1 running
betereen 1oG 23 through 28 a15 2@ through 15 of Block 1. As I reviewed this,
anl I went over Iookirg at what the existirg wetlard basin is discharging
through thaE ravine and the changes that are being made. ltre number of houses
goirg in arrl without doirg a whole lot of sophisticated matir on this, I
6efi6u" tlEt the rate of water going rp that ravine is going to be increased
as far as a cubic feet per secord t]4E of rate which is what causes erosion
anl sedimentation to take susan. I have some real corcern on that ravine.
while the totaL flow of water into that ravine may be sonewhat reduced because
there is a slightly smaller watershed area now. Because there is much more
imtErmeable suifacL, the waEer will get to that ravine muc*t quicker causing an
irrrease in erosion to that ravine and a detrimental effect to take Susan. I
think that issue must be looked at very carefully- we may have to Put some
sedimentation or some kind of float control in there to protect t-ake Susan
from that ravine. so far I haven't seen much about that.
rt
4S
An intersection lard ing zone being a street grade of 0.5? for a
distance of 50 feet shall be used at all intersections with CSAH 17.
16. Clearcutting of trees wi1l rDt be allorred.
L7. Cmpletion of the Etvirormental Assessnent worksheet.
18. $.lbj ect to execution of the PUD Agresnent.
AII voted in favor ard motion carried.
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PPEITIr'TNA,qT P/-A T
LAKE SUSAN HILLS WEST 2ND
17
OF
ADDITION -
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AF6T'9 O€VETOPMENI, INC,
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PRELIMINAFY PLAT
LAKE SUSAN HILLS 2ND ADDITION
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PRELIMINARY GRADING PLAN
LAKE SUSAN HILLS 2ND AODITION 3C
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AhGIJS OEVELOPMEMI, INC.
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I.AND DEVELOPIEI|T APPLICATIOII
CITI O,F CEANE,AS SEII
690 Coulter Drive
Chanhassea, MN 55317(512) 937-1900
APPLICANT: fti-66 dtl rt@u.Ii d, ,!<-owNER:&z"t:s
ADDRESS ,lnzrt *+-..r ,Lnl ADDRESS ,8133 (E>h] rLE{u\-=
Bue+.t3)ttLE ,/t1r u a S{ZZ7 futictd5'rz>l bttol fs- c- z-tl
TELEPHONE (Daytime )
REQUEST:
zip code,1yt13t-.c TELEPHONE 4Z I >oo I
zip Co-
,or,lErlf-
Zoning District Change
Zoning Appeal
Zoning Variance
Zoning Text Amendment
Land Use Pl,an Amendment
Conditional Use Permit
Site Plan Review
'/ Planned Unit Development
--
Sketch Plan
Prelimi naryFinal PIan
PlanAaD.
Subdivi sion
#- rtatting
_ Metes and Bounds
Stree t,/Eas ement Vacation
wetlands Permit
,l
PROJECT NAME LALI ,-.,/N tltL./-.t /a,/a--<.i-
PRESENT LAND USE PLAN DESIGNATION PJD pca, D6^Jrr,\L_
REQUESTED LAND
PRESENT ZONING
USE PLAN DESIGNATION P-s o Ec::rD..:pa.
+P- 8 e't'z-
REQUESTED ZONING €5
USES PROPOSED 5r.r<,.6 fumvt P€3, Da;rr rru
SIZE OF PROPERTY 27 1 A<-
LOCATION 5,oa a<- ?o /. s'5.. . " /- t/v*t {
REASONS FOR THIS REQUEST iL,€ /e ,/2o/ ,1.-t <*c.,c.,r=+F.D u'€ 4?e
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LEGAL DESCRIPTION (Attach legaI if necessary)
CHANHASSEN PLANNING COMMISSION
REGULAR MEETI NG
E',EBRUARY 17, 1988
Chairman Conrad called the meeting to order at 7:40 p.m
MEMBERS PRESENT: Tim Erhart, StevenConrad, Brian Batzli and David Headla
Emmings, Annette ElIson, Ladd
MEMBERS ABSENT:James Wi ldermuth
Barbara Dacy, City planner and Jo Ann Olsen, Asst.STAFF PRESENT:
City Pl anner
LowelI Car l son
Wayne McCorneyMr. Chamberlain
Jean Chamberla inDoris Br ickley
Oscar Anderson
Appl ican t
Appl icantrs AEtornev4151 Kings Road
4151 Kings RoadMinneapolis, MN (part owner ofparcels on Kings Road)
7115 Kings Road
two
the
drug
Barbara Dacy presented the staff report on this item.
for clarification Barbara, the applicant is applying for afoot building. Eirst phase would- be 2,gOA.
correct.
Conrad: Just
L2,gOA sguare
Dacy: That, s
Conrad: The conditional usehow many square foot?that vre granted before was a conditjon of
Dacy: There was no specif icjust determined that $rhatevermaterial on site.
established in the record. It wasbe necessary to store the amount of
vrer 11 open it up for anylike to make a statementyou kick it off and $re,ll
numbe r
r.ro u Id
Conrad: With that little bit of backgrounil ,kind of pubJ.ic input. Mr. carlson, ii you,dabout your applicati.on. Maybe it,s qooi thatI i sten to your commenE.
no problem after the l9g5except for the setback andThatts the only thjng that
Lowell Carlson: I really thought it wasmotion. It was atl set and cuf and dryprice of the permit was going to cost.this thing al.ong was thai.
PUBLIC HEARING:
EVALUATION OF BUILDING PERMIT APPLICATION TO DEIERMINE COMPLIANCE WITHCONDITIONAL USE PERMIT FOR A CONTiACiOR;b YARD ON PNOPERii'7ONSP NSr,RESTDENTTAL STNGLE FAMTLY AND L..ATED AT 4141 KrNGS R'AD, r,owsr,r,CARLSON.
Public present:
Pla nn i ng
Eebruary
Comm i ss i. on
17, 1988 -
Mee t. i ng
Page 2
conrad: Tell us about the L2,ggg square foot building. What yourre
intent on that?
Lowell Carlson: The City of chanhassen tequired me
build a building big enough to put everything inside
that time, they wanted everything inside so I agreedthat size so everything was inside.
to,
so
to
Conrad: By building the fixst 2,Agg square feet of this 12,trgg fooE
buiLding, tthat wilI get inside in this particular case? Will much of
$rhat you currently have be inside or only a Portion or what?
LowelI carl,son: Basically the 2,ggg, the ceiling, in the excavating
business you work during the summer and you don't have much to do in the
winter so as far as buj.ldj.ng a building, we wanted to build it this
winter to get it done. Then I run into this thing. I've got to go and
alo this and Ehat. Final'ly, te got the setback of the buil'ling settled'
We still aintt got the red fee settled because they wanted, I called
George at the time that he was here, he called and a square foot
buirding at that time, he said was about $62,099'06' r said it isnrt a
new building. I didn't pay that. He says by the time you get that
building up and have them put it up and everything, I said theyrre not
putting some...r've owned the property for 18 years- There's no way
that that buildjng could cost me no $62,909.09. But he wanted to
appraise that building. Charge me the Permit price according to that
$iz,ssT.sg and r said no way. rtts like a house. There's nothing in
it. It isnrt sheetrocked. It isn't plumbed and he comes with a
fantastic figure like that. somebody called hJm up or whenever he got
his figure so this ainrt exactly set on this deal and I guess you can
ask gaib about it. I checked back with her several times all through
iS8Z. In 19g6 I checked back with her and that, so finally this thing
got a setback. FinaIIy I got a 30 foot setback so I could know where to
iet this building in the first place because the property drops off in
back. If I put Lhe building setback as far as they wanted it, therers
no way you could put a building there. Now with a 30 foot setback off
the r6ad, the road, my property line is j.n the road itself. It runs off
at an angle and then do$rn below, the whole road is on my Property. I
didn't wint to put it from the edge of the road 50 foot back plus so
some of this has kind of come to a standstill on trying to get an answer
and then I f j.nd out George has left. Nobody sti ll has come up with the
answers to r,rhat this permit is goi ng to cost me to build this building.
l dontt knoer, li.ke you say a $52,000-gq builtling and whether thatrs
going to have any reflection on as far as a tax assessor or whatever-
ihat would be ridiculous. If they assess the buj Iding at 562,ggg-gg,
rtm not paying taxes on that if that's going to decide it.
Dorj.s Brickl-ey: I'm part owner of several parcels of property on Kings
Road. May I direct a question to Mr. carlson?
that I had to
I agreed. At
build a building
Conrad: Certainly.
Planning
Eebruary
Commission
17, r988 -
Meeting
Page 3
Doris Br i ck ley:your property?
How Iong have you been in the contractj ng business on
Lowell Carlson: Since I bought it in 1965.
You certainly expect to expand your busj.ness donit youDoris Br ickley:in the future?
Lowell Carlson:
the property.Irm not the one to be having vehicles s j.tting all over
Doris Brickley: I mean your contractj ng vehicles.
LowelI Carlson: The cont rac torso to do this, I personally haveof their needs. what they want.
vehicles,
to bui. ld
they are planning toa bui. Id ing that w j. 11
go inside
take care
Doris-Brickley: r have just one conment and r think Mr. car.r.son shourdbe allowed to stay there in the residenrial dwelri;g ,;i i-tr,inx n"should take hjs busj ness to commercially zoned prop;rty.
Wayne Mccorney: frm here representing Mr. Carlson. Mr. Carlson isgrandfathered in on this property. He had,.I'm sure, the property long
P:,!:t: Mrs. Bricktey. or anyone else had their property. l.lirit we wouldrlKe to do, recogni. zing that he vranted, when uhis-was- totalty by itself,it was wide open country and then with this virlage, he was running tris'business. Now the city is running hj.s business. -He djd thjs longbefore there hrere any 2oning ordiiance. He has a right to run hisbusiness there and.people hive to recognize that. we're willing tocooperate recognizing that every village and city now does intervene andattempts to crean things up and-you cai't get a lermit for a junk t;.;---for all the tea in china r guess but the fict is, those thi.ngs existsand they have to exist in oider for our entjre economy to woik. So whatwe're willing to do is we're willing to cooperate witfr the councir. ue
9a{r not afford to just go out and buy something else so that Mrs.Brickley, who came in there facing a contractor,s yard, so we improvethe value of her property and theiefore thro$r.y .ir"nl into' r.n[irpt"v.This is not legal and it can not be done. Consequently, since we aregrandfathered in and have a right to operate tniJ busiiess from thisproperty, lre rdi11 restrict the manner in which ," op".ii- ttris ii-'wE canget the building, Se! -rt bu j.lt and get a reasonabre amount for a permit,for our costs. We,ll help clean up what is our city. -ii. .u." o*
Lowell carrson: rtrs expanded as it went up because r bought a dumptruck and a front end loader and a tractor ind a Jeep when r come froml.linot, North Dakota in 1965 rrhen I bought this land. I was doingexcavating. . .
Dori.s Brickley: Based on a L2,OAO foot building, in the long rangeplanning, and you plan to expand your buitding, -what makes you thinkthat that- 12,ggg squaT:- foot buildi.ng is goini'to be adetuaiea you,regoing to be having stirr a lot of veniclei sifting arr oriei -trre
Pr oper ty .
PI ann j. ng
February
Commission17, 1988 -
Meeting
Page 4
interests are the same as yours except Ehat we have the right to do this
on this property. There are a lot of other buildings there. The farm
building and this and that. If everythJ ngrs inside, it should be no
problen but I think that what we have to have is recognition that terre
entj.tled by law to operate this and it's indeed unfortunate that werre
here at this point to determine whether or not there was conPLiance with
a conditional use permit because indeed, if Mr. carlson had had counsel
at that time, there would not have been any application for a
conditional use permit. AII the City's threats of criminaL prosecution,
etc., I'm sure if he had counsel , he would have just thumbed his nose
at them because they had no right to do that. They had no rrght to
bring criminal charges and aII kinds of other charges. throe, him off the
property or take his business away from him, whjch is the reason he
applied for the conditional use permit in the first place. So we will
reltrict the impact of our business if you allow us to build the
buiJ.ding under some reasonable parameters that you might take the
evidence. ]-2,gqT foot building, there can be no argument or no question
that the Council knew back in tgAS that he was going to put in something
more than L,OOT feeE. As a matter of fact, on Page 8 of the Councj l
meeting Minutes, they asked him how bi.g. councilwoman watson asked how
big a 6uilding do yoi: hope to erect and Mr. carlson said we're looking
at 50 to 6a toot wide and Lgo to 159 feet long so the council knew at
that time that hers not building a 1,000 square foot building. I guess
we'lI restrict the impact. we'ie willing to restri.ct the impact of the
building on the surrounding area by buj lding the building and therefore
it is not going to look Iike a junkyard or an equipment yard or anything
like that, -whittr is normal jn thjs sort of busjness. But we need th1s
permit and then we also need some recogni t.ion that by law we're entitled
io operate there and that i.re build a building and that the ci.ty does not
have a right in 6 months or a year later, to come jn and say no, you've
got to move that build ing because iE's a non-conforming use. As I see
it, ,r" have a legal righl to oPerate the way we are now, to a certajn
exient. We wiLl chanqe that ii we're given a reasonable alternative and
I think the building is ttre only way to give us a reasonable alternative
to use our property other than that. As far as I see, it's a
Constitutionall unlawful, illegal taking of property. So we're willing
to cooperate. we'll do anythi.ng. we just want Eo get this whole thi.ng
orrer with. we donrt want to fight with anybody' we donrt want to get
into li.tigat j on but r./e do have to run a business '
Conrad: The key issuel as I understand it however,
build a buifding that has a high value because then
to be high. Is that my understanding? Thatrs what
say.
wayne Mccorney: No, what Mr. Carlson said is that the buj l"d jng is going
to cost about $15,096.99 to $L8,990.90- He',s not going to pay for a
permit for a buiLding $551690.99 and then have a S55,0gg.qA buiId jnq
issessed on the land. Now I reaLize that just the amount of the
building permit may not have any bearing on hol., the assessor assesses
the tax6s but thatis in theory. In practice, Irm sure they look at it
and they will irnmediately r;ise Ehe Prjce value of the property
$65,Ogq-.Sg even if the building is rrorth S2g,0g6.6O so we're wi)-Iing to
is you donrt want to
the taxes are goi ng
I heard Mr. Carlson
Pl ann j ng
February
Commission
17, 1988 -
Meeting
Page 5
pay a permit for what it costs us to buildto be maybe $]-6,ggg.gA to $tA,qTg.gA.
Conrad: I'm trying to understandplace.
Dacy: Just to comment on the permit fee issue, that is not within thePranning commissi.on's area tonight. The Buirding rnspectoi, every cityhas to go by a uniform Buirding code and there aie esiabrisheal uuirainifees based on the construction varue. rf the appricant does $rant toseek rerief from the typicarly required buirdin!- permit fee, ttris is notthe prace to do that. r thini we-should keep tfre'uulraing-iermit feeissue out of it. Thatts for another.
wayne Mccorney: r'm not arguing with that. rrm just saying that's themain argument, one of the main arguments that he had. we can resolvethat issue if we can lggt So ahead and change the wiy ttrey-.re operatinghere so that we're stirr abre to operate buf operate'in i-rittrediffernt manner which will make thl City happy because it,s morebeautiful, whatever and nobodyts going lo otject.
Dacy: .Right. r just wanted to crarify that the commission's rore is todetermine whether or-not.the application is consistent with the 1gg5approval and you,re dealing with land use and zoning i";;;; and notbuj. Iding permit fee issues.
the building and that,s going
why it vras not built in the first
Doris Brickley: xing Road is not served by water and sewer. Is hisconmercial activity i.n the. future goi.ng to conform to safety regulationsand r.raste disposar regurations? what ibout arl these vehicies up anddown Kings Road? What about school aged children? it.i ii." i"developing- r've seen these rarge vehicres tear up and down xings noad.
wayne Mccorney: rt seems to me that any road has vehicres on it and onthis particular road, itrs a little diri road. I th j.nk there,s probablytvro chirdren in that one house. The roads are there ror venicres todrive on. you drive your car on a road. _ certainlv-n.;" gi; a right todrive his truck on the road. Hers been doing it "i.". igZi.
oscar Anderson: rrm one of Mr. carrson's neighbors and I'd rike to saythat-..rrm very much against the junk yard thit we have there now. rrmvery_much against the piles that he has. I'm very much against theburning that he does. He's got a regular burning'dump th6;; and alr ofthis mess-is not going to be taken care of by buildin; a Uuitalnq. I,magainst alr the vehicres he's got there. r ihink rre'i goi crose to 35or 40 vehicres. some running, some don't. Theyrre att-sitiing tnere,arr over the place- He wourd need a buirding, it reast 2 acrei i.n areato house all the vehicr-es that he has. r'm just against it. r stilrolrn a place out Ehere at the end of the road and r-was tora -by a reartorat that time that r courd have gotten gr5,oga.0o more for the place if
I::.9i9r:I hu::.to, so past a junkyard to ger rhere. r,m very muchagarnst lt. Thrs has been coming, up and down for years. M;. Carlsonhas not done one thing that has 6een- recommended by the eranningCommission or the Council to clear up his area. To clean up his act at
Pl ann i ng
February
Commission
17, l98A -
Mee t j. ng
Page 6
aI1.
don't
I donrt mind a few pieces of construction equipment but I sure
want all that junk.
Wayne Mccorney: I'd like to say, a greaE deal of the junk...that are on
the property, van type bodies, truck bodies and all these truck bodies
are used in his business to store property because he doesnr t have a
buliding to store them in. He wouldn't need perhaps 20 1 van bodies if
he had a bui ld ing.
Conrad: Barbara r I think for our background, there were some conditi.ons
set up in 1985 for the conditional use. Can you give us a recap of the
conditions and the performance of Mr. Carlson on those conditions?
Erhart moved, Emmings seconded toin favor and motion carried. The
Lo$rell Carlson: what are you people sayi ng
is Iitter and debris on that property?
close the public hearing. All voted
PubIic Hearing was closed.
revolved around the
issue tonight. Item 3,
otherwise, there is still a
the proper ty.
of 1 i tter
address that.
and debris? What
Dacy: Okay. Condition I and 2, basically
construction of the building and thatrs at
unless the applicant wants to address that
substantial amount of litter and debris on
Conrad: Has anything been done to your knowledge?
Dacy: Not to my knowledge. Maybe Mr. Carlson could
Conrad: Letts put it this way. When you were here in 1985, there was a
concern that it didn't look the way we would like it to look so if you
could reflect back in 1985, we wanted that Property to look differently.
The idea was to bundle it into a building. I guess the question Irm
asking staff right now is, if there's 18 or 19 piles of litter but Irm
curious whether yourve taken any stePs ' either in your nind or in
staff's mind to solve the problem.
LorveLl carlson: This is the time when anybody can come out if they
wanEed. Any stuff thatrs gone, is the stuff that's used. It's all on
pallets. we pick it up with a forklift and stack the Pallets. You can
come out and look at it. We'll shovel the snow off for them. Wherever
they set the debrj.s and whatever. That place, as far as the vans, if
you want to see whatrs stored in them. The plumbing stuff. We have
compactors. we have compressors. we have pipe, sewer and water.
copper fittings. If you can get that all in a little building, whoever
thinks you can or whatever. An excavating business isn't ljke an
ordinary job where you have a pencil in your pocket and a piece of paper
in your hand. Many a job that we do, people ask for compactors and
everything else. If you're going to be in the excavating, you've got to
be in excavatj.ng. Yourve got to have equipment to do the job. You call
me, no I can't do it because I've only got a shovel and a spade. sorry,
if youtve got something we can do with that.
Planning
February
Commi ssion
17, 1988 -
Meet i ng
Page 7
Conrad:
area?
Conrad: Had $re been
things?
Have you done anything since November 4, I9g5 to clean up the
Lovrell Carlson: Oh yes. you bet. Come out and look at it. Thevehicles isn't in exact tows. I'm saying, some day when it snords, ourvehicles get croser to the road becau3e fhat's the easiesi-way to plordthem out to the road. So they do get closer to the road and maybe-thatrs why it's more agitating to iorneone but no$, ,e.ve got-the buirdingright in there. Itrs i steel rack. I,ve got a steel .a6k in my yardand arl the crane and everything are stack;d. A11 the iron i.s there.The metal for the roof.is Lhere- so you gain one ana rose ttre other rguess.. Thi.s buirding is sitti.ng there. tf courd just as weir have beenup. Thatrs the way I look at ii. It didn,t happ6n.
able to settle on assessed value and those type of
Lowell Carlson: Yes. That.s where the r,rhole trouble is. Irm gettingtired of waiting. AII my vehicles, the seats and everything, they,regetting worn. The seats det.erioraEe, whatever. Irm not ve;y happyabout leaving my stuff out there either. vou paint-'il-.p'i"a it looksshabby in a year. I'd tjke to have it under c6ver so whln I go out tojob I can be proud of my stuff.
Conrad: Barbara, the point 4, expansionactivity beyond what has been repiesentedrepresented in the application?
of
in
a
the contractor ' s yardrs
this application. what vras
Dacy: I believe in the original- report,memory.I'm going to have to refresh my
Conrad: Usually we want to know how many pieces of equipment there are.
Dacy: Right. we have a number of vehicres and the rocation of thestorage yard and so on. In r9g5 we took a number of pictures and thenafter that, r berieve it was in the winter of 1996r wE weni-out to thesite_and hre'|ve got a handwritten check list here oi tr," ilems that stilrremained-on the. property. Mr. carlson is right, he has a suustantiatamount of material so to determine whether oi not 2 pieces of wood havebeen removed or stacked on palrets versus how many ulhi"l". have corneand, gone, vrithout going out there on a regular ba3is, itrs fairry hardto keep track but after going to the site this fall,'durinq-hi" -
apprication time, there is stilr the same amount of material along theeast property 1ine. Therers stirl the li.ttre storage area of thevehicles- He has an enormous arnount of materiars siored on thabproperty. Itrs very hard to keep Erack.
Erhart: According to your Minutes of your 19g4 pranning commissionmeeting, there are 5 vehicles.
Dacy: Yes, an InternationaL Harvestor Tote and Trailer, Eord DumpTrairer and Truck, a chevy Dick-up, Eord van and rnternationar HarvesterDump Truck. Those rrere the vehicres that were risted arring'that time
Planning
February
Commission17, 1988 -
Meet i ng
eage 8
and there's one employee listed. Hours of operation usually between
8.gg to 5.3q. However, sometimes varied. That's what was listed in the
applicantrs letter at that time but based on the pictures that we took
in 1985, I think it's clear that there lvere more than the number of
veh j.cIes j.ndicated in the appl ication.
Erhart: I rras there and I counted vehicles at the house and the yard
had 16 vehicles, Iicensed and unlicensed.
Conrad: You were there rrhen?
Erhart: Today.
conrad: Itrs staff posture basically
Dacy: That I s correct.
that not much has been done?
Headla: What vras your comment? Werve got to look at this as a 1985
application?
Dacy: My comment was Ehat the issue before the Commission is, the
applicantrs request is to build a l2.gqg square foot building. 2,990
"!uu." feet initially. ft r"ras brought to the Commission's attention to
d6termine srhet.her or not you feel that it's appropriate for that area
and whether or not that's consistent with conditi.on I of the 1985
permit. In other vJords, if you feel that what he's proposing is fine
ind he can store aII his materials withjn that building, then you can
recommend approval.
Conrad: Mr. Carlson has the permit to go ahead and do this. Not the
building permit but the condit.ional use permit. staff felt that because
the tu1liling size j.s so greaE, we really didn't anticipate how big that
building coiLd b". Therefore, Ehey're br j'nging that back and saying, is
this re;lly your intent city to teII Mr. carlson to build a L2,0gg
square foot buitding out there? secondarily is the issue of the permit
b6ing issued. yet Mr. Carlson not living up to anything that was agreed
to 2 to 3 years ago. Mr. Carlson is sayj ng he couldn't because he
couldn, t rlsolve the debate with assessments and taxes on that expanded
bui Iding.
Headla: where Lo$rell has been here and grandfathered jn, how much
control do we actually have? I'm comparing wi.th like other contractorrs
yards. I think the last time we I'tad a contractor's yard at the south
lnd of Chan. We were pretty stringent- we insisted on berms' The
iesthetics of the bui.lding. Do those requiremenEs apply to someone
who's grandfathered in?
Dacy: I conferred rrith the city Attorney on this matter and to use Mr.
t'tcCirney's words, the City does have the right to control the amount of
impact of f.lr. Carlson's use- we have every right to require berms'
neiuire construction of buildings. Requj.re screeni.ng. Require any tyPe
of-measure that we feel that can control the impact of thj.s use against
the adjacent Properties. That is the purpose of a conditional use
Planning
February
Commission17, 1988 -
Meeting
Page 9
permit. The appricantts attorney is contesting the whote conditionaruse permit process in. the first prace. what rim saying is that the cityAttorney feels that that was appropriate. But agaii, 6ur charge heretonight is to determine whether or not the 12, aa-T square foot buirdingis appropriate.
Headra: r think it alr fits together. vrerve been very consistent oninsisting that screening and beiming for any contractor's yard. Itarked to Lo$rell and r know this worild be a- hardship o" trii-uut at thesame time, I donrt see how r.re can back away from onl person and thenrequire it of everyone else. r really ttriik we've go[-to-in"ist on sometype of berming and screening but thei it presents inother, this readsinto another problem. In oui area, even llinnewashta eurf.rJy, it,"questionable from that shourder is 6E feet wide. rt's nevei been takenoff of my abstract. I own that land by my abstract. Ki;g;; Road ismuddier yet. rrm not sure where King'i noad rearly is. is it 90 feetnorth. of Lo$rell's property or right next to the store? so where he'sgot the stakes, r don't knoer. He tried to go what seemed to be theright thing for the building but I think we ought to have somedefinition of where that road is and then room for a berm and then asetback. Then the third point r had was, Lowerl r measured the drawingand it rooks like that building wourd be 37 feet high. rs thar correct?
LoweII Carlson: No, it canrt be.
Headla: I thought it said 18 feet toget 37 feet.an inch. If that's the case, I
Dacy: Thatrs thedrawing. The way
measure to be 37
Lor.rel l Carlson:
dimension tha tyour arch j. tect
same
that
feet.
I camehas it up wi th
scaled
on
on
the sca lehere, it does
It r.rou Id be 2g at the most.
Headra: what r have- in writing is 37 feet. To put that in perspective,we're going to be tarking about a church over heie with a steepre andthatis going to be 37 feet high. Anyway, 37 feet, frve got to assumethat- what werve got here on prints ii c6rrect for the time being. rtmay be wrong but assuming that, r think 37 feet high i" trr.t area isjust way too intimidating. r don't have a problem so much with theb-uilding but when it's on a hirl and then 37 feet high, it's going to bethere for a long tirne. rt's just going to dominate that vrhole area.Then the onry other one r have is, on lne tinisn of the buirding, do wehave any control over aesthetics of a buirding? r donrt know wfrat youwere going to put up there Lo$rer1. you showe6 me part ot ttre materiarbut it seems like if_somethj.ng_ is going to be thaE visible, we ought tohave some control- Just rike last-weef on the contractorrs, we wentinto detail. They havg_a.block Uui:.aing and we were askin! a lot ofquestions about it- Did it fiE into the area? rt seems rike we oughtto have some, and I hate.to say control, but some yea or nay on it orsome type of contror. rrm not 100king ior an answer but thit's jusi anopinion I have.
Pl ann i ng
February
Comm i s s i on17, 1988 -
Meeting
Page I0
Wayne Mccorney: You give us
to be steel outside obviousl-y
be more than happy to comply.
Dacy:
that.
a color and we'Il be glad
and if you want some sortIf you 1i ke ye1low...
to. It's
of co1or,
goi ng
werII
Headla: I think he has to have some type of building.
Conrad: So berming is an extra besides the building?
Headla: Yes, and I think we have to require berminq if we're going to
be consistent. send out the same signaL to al-l contractorrs. I donrt
see how we can isolate one and say you live over here so we can't do it.
Conrad: And rdhat do you think about the 12,gLq sqiare foot size?
Headla: I think thatrs excessive. Based on the resolution we passed
Iast time, we can't back up all of a sudden and say, this is a special
case. I think werve got to be consistent.
Conrad: I'm trying to decide r"rhat you really said on the issue.
concerned, you dontt think there needs to be a building and that
is satisfactory or did you say there needs to be a building?
Batzl,i: f quess my first question was, has the business expanded
when the first condit j.onal use permit eias granted? I donrt know
that was ever anserered c).earlY.
You r re
berm i ng
fr om
that
It wasnrt answered clearly because to be honest, I canrt address
I did not evaluate that.
Batzli: Has the city ever reviewed this conditional use Permit?
Dacy: Over lhe past year and a ha1f, as Mr. Carlson relayed, r.re talked
to him a nunber of times about putti.ng uP a bu j. lding and Ehe dj,scussions
vrere stalled because of the issue over the buitding permit fee. We
atlvised Mr. Carlson to either appeaL to the City council or go to the
City Manager to resolve the permit value issue but that was not
resolved. Now, we did get a valid application.
Batzli: I guess it's cLear Eo me he has submitted himself to the
conditional, use permit Process 3nd that for one reason or another, it
appears he's in violat j.on of his conditional use permit but on the other
hand, I think he's trying to get in compliance at this time. I believe
also that the building size is excessive, even from his own original
estimates would put it at between 5,gTq aod 7,OOO square feet even if he
built it at this Point. I do think itrs a valid issue and it sounds to
me like itrs a concern to his nei.ghbors whether he will put everything
inside even if he does put up the building. Based on those facts, I
think I agree that berming or screenj.ng should be required as well
regardless of rrhat size building he eventually puts up.
Ellson3 I think the building sounds awful large. I'd like to see a
smal,ler building. I agree that he needs a building. I have trouble
seeing that thj.s thing hasnrt been resolved in this length of time or at
Planning
February
Commission17, 1988 -
Meet ing
Page 11
least sone best efforts basis of going ahead erith somethi.ng towardmeeting these conditions from, tim,s mention of the number of vehicresnow versus the number of vehicles in the pictures that \.rere passedaround. rt does look like he has done sorne expansion which, accordingto this conditional u:g, h1: to have - approval io I would say that heisn't necessariry meeting those condiii'o"". Not only from the roirJingstandpoint but from the expansion standpoint as welll r;J prooaUfy go
31glg. r'rith both gentremen that $rerve he-ard from that r,d rike a smarrerbuilding and rrd rike to see as much ai possibre get in theie ana tnencover up the rest with as much berming and screening u" you can.
Emmings: r donrt have anything that's very differnt. r dontt see anysense in building 2,ago sqnare feet of the building. somehow i{e,ve gotto get a handre on rdhat size. building he needs to i"..onuuiy nanare nisuse of the property- r think w" need the berming unJ io-ioitr, rotr have a feeling we're never going to find out what kind of a buirdingwouLd take care of it. because r think, no matter what size building,unress you dome the whore property, r think n.;ir 'rina-ol-oit"ia. iny*uybecause thatrs what hers always done. There are several' giiug"", rremember when we talked about this 3 years ago or r.rhenever it was. Hehad- several garages on the prace and itey weie j ammea to-irr" rafters andI think that,s what is going to happen tt anything you put up out therebecause r think that'|s just the n.iu." of hi3 businlss ina tire way heruns his business. rn i way, r thi;i ii;s kind;i h;;"i;;.] r rearrydonrt like.backing away from the ordinance amendment that we,ve gotgoing to limit buildings. Thjs is an RSF zoned property and thatbothers me a lot. r d6n't like Uaciinf-"w"y from our 1,000 square footmaximum size on that. I don't knov, troi to iesolve that in my own mind.I guess I wonder, are-you going to take down all those other'buildingsif you have rhj s L2,66'o .qJ..J-ro"t-[riirJirgz--wtii'-v.r-iaii oown arrthose garages that are jammed to the rafters h,ith stuff?
Lor"rel I Carlson: If you r.rere at them and knew they were Ehat tall,basically some of them wilI have to stay there regardless.
ftnmings: f,m wondering, if you have a building thatrs assquare feet, would that el j.minate your need for aII thosebuildings on the place or not?
LoweLl Carlson: Someerhat but like Ehey're saying everythinq inside.r'!ve got to make "u.:, !!?t everyrhi.ng's insiae. -rf yoi ,r""1 it inside,r have Eo build a building ro put ir-inside. trow yoi;ie"luling, I goback to l,OgA squaxe feet. Now where am I going t6 pu[-i t-';n t,gg|square feet?
big as t2,qAO
other
thatEmmings: No,
you ' re ask i ng
bu j.Id i ng s out
LowelI Carlson: Yes, some.
Emmings: The other thing ii,for structural calculations on
I said if you built your L2,Ogqfor, would you sti1l have a needthere?
square foot buj ld inofor aI1 those othei
noticed in athe bui ld i ng.
I letter here you were askingDid you ever get those?
Planning
February
Comnissionr7, r988 -
Meet i ng
Page L2
Dacy: No. Depending on vrhat size is approved, that would eventually be
required.
Ernnings: The bottom line for me is, I think Mr. carlson has a mess out
there and I donrt think anybody vroulal argue with that except maybe Mr.
Carlson and I think it would be better to have it inside than have it
outside aII over the place. Irm opposed to this because I can't tell
what it is. He says he wants a l2,ggg square foot building but he only
wants to buiLd 2,600 square feet of it. Now werre going to wind uP with
another garage out there that's going to just get j ammed full of junk
and there's still going to be stuff outside. If I had something in
front of me that said, if I can buil.d this building on this property, I
can tear down the old buildings out there, the garages and stuff, I can
get al,t my stuff inside. rhis is what I need to rnake this place look
nice and I don't see that here. This is not a concrete Plan. Itrs just
mush. He hasn't done a thing to comply with the conditional use permit
conditions that we set out last time and he was here when we did that
and it was certainly my understanding at that tj.me t.hat he was agreeing
r.rith them. He didn't do anything. I donrt care what the reasons are,
he didn't do anything and I dontt think he'Il do anything no$, either.
Bottom line, I'm just plain opposed to going any further unless he can
come in to the staff and say, this is what I need and put together a
package to clean up the property, to bujld the buildi.ng he lvants, to do
some berming and screening and we can see that plan. Thatrs a plan I
could act on. This one Irm not willing to act on.
Erhart: I have to, in fact steve pretty much took ar.ray everything I was
going to say. Itd have to agree a lot with steve. I thj.nk you have a
pattern here of delays. It's associated with the business and if I was
in the same business I would probably could see myself following the
same track that we've seen since 1984. He was required to build his
building and he agreed to do it by June 30, 1986. Is that correct?
Okay, thatrs almost two years ago. I'd like to point out, so we all
understand, that this contractor's yard i.s a non-conforming use in this
area now so it's not quite the same as the other one we were discussing.
We're talking about residentjal RSE district. I think you want to keep
that in mind. Ird like to also point out to the Commissioners that in a
non-conforming use, and correct me if I'm wrong, but if this property is
sold, that terminates Ehe use.
Dacy: No, the use runs with the land. He's been issued
use permit for a contractor's yard at that site. If Mr.
for example to Mr. Volk, he could continue operation as
terms of the conditional use were met-
a conditional
Carlson soId,
long as the
Erhart: okay, so it stays with the land.
Dacy: Again, I'm drawing the distinction between the
and non-conforming use and with the conditional use,
Iand unless it is revoked.
cond i ti onal
it runs wi th
use
the
Erhart: The
the property.
question $ras non-conforming. That ends with the sal.e of
Dacy: The City staffrs position is that they were, Mr. Carlson wasissued a conditionar use.perrnit and the city has the ability to revokethe conditional use permii. rn a non-confoiming use situation, if aproperty owner sells to another property ohrner, the use can continue ifit's not expanded or intensified. tte onry time that a non-conformingis expired, if the ordinance says that the non-conforming-ictivityceases operation. I think it's a one year time period.
Erhart: Did you have burning permits for the burning yourre doing?
Lowerl carlson: The little bit there is, all the neighbors, r see smokecoming from different areas. A burning permit as far as buining.
Erhart: My concrusions on this is, in viewing the property on the firstplace, on one side L2,666 square foot buildi.rg seem3 fargel on theother hand, if a 12,Ogg square foot r.rould not contain ati tne materials
:l?f-y9r currently have on the property. r think arlowing an industrialDurrorng at arr represents an extension of a non-conforming use and rthink adding a building really makes the non_conforming us6 morepermanent which is something we ought to be working in the oppositedirection- euite frankly, i don't berieve that pufting a uuiiaing onthe property is going to make i.t look any better. youire going t6 havee y1liety of sizes of small garages. yoir're goi.ng to have-a usedbuiJ.ding. Given the pattern, r ao.,'t know, ,[ an! prediction at allwhat it would rook 1ike. r thi.nk you wirl continue to see materiars onthe outside of it so r would recommend creating a conditionut ,=" permitthat requires some berming, screen j.ng, ianasca[ing u"J "tii"tenforcement of the setbacks. Then, if those .ienit folrowed, then rthink the City ought Eo take legal action to eliminate thenon-conforming use. so m against the building for those reasons.
Conrad: AII together? 2,Oqq or l-2,ggO?
Erhart: Yes.
Conrad: My feeling is, I think the L2,ggO square foot building isexcessive. Especially in a residentiar single family area. r donrtthat Mr- carlson has taken any. step to resoive the pioblem in z L/2years. I honestly don.t see that anything presented tonight is g'oingresolve the problem. rf there was a plan i.n front of me ioni.ght andcarlson said this i{irr take care of the city,s needs, r think r courdfeel responsive and act on it. I don't see anything: r see' so*eschemati.cs but r'm arso hearing Mr. carlson saying Lhat the buildingeronr t take care of what we were. trying to resolve 3 years ago. Myopinion is to revoke the conditional use permit.
see
to
Mr.
Headla: When you say revoke Ehe conditional useuse permit for the building?permit, the conditionaL
conrad: The conditional use permit that ere granted in r9g5. To revoke
Planning Conmission Mee t j. ngFebruary 17, 1988 - eage 13
Planning
February
Commissionr7, 1988 -
Meeting
Page 14
the contractorrs yard. I don't think anything else is going to take
care of this issue and this issue is taking up a lot of our time andcity staffrs time and nothing happens. There are other issues.
Contractorrs yards are a problem in Chanhassen. Most communities outlawthem. IiIe are trying to give contractor,s Iike Mr. Carlson theopportunity to stay in business in Chanhassen because Ehey have been
here. We flexed our rules to allow them to stay here like good
citizens. In this particular case, Irm not seeing anything happen and Istill donrt see anything on the desk right nosJ that gives me hope. If
revoking the contractor rs yard permit is what it takes to get something
happening, maybe Mr. carlson will realize that werre serious about this.
Erhart: what's being requested is what? Is it the building permit or
is it the continuation?
Dacy: Yourre being asked to vote as to vrheEher or not a L2rbgg square
foot building is consistent with condition I of the 1985 approval. Isthis consistent with the intent of the City when they authorized the
conditional use permit in the 1985? what the Commission has said so far
is that you have concerns about the size of the build j.ng. Itrs
excessive and yourre sure about the overall plan for the clean-up of the
proper ty .
Erhart: I'm not sure r^re want to vote tonight. Even Ehough t.he
conditional use permit that we voted on in 1985 may have directed the
owner to build a bujlding, I'n trying to make a motion that we deny the
building of the building but Irm too sure thatrs the Purpose of the
public hearing.
Conrad: The pubtic hearing would be conducted by the City Council to
revoke the permit. we can make that motion that the City Council
conducts a public hearing to revoke the permit. I'ly understanding is
that that permit would not be for the building but for the entire
contractor's yard. Thatrs one aLternative. I think we all have similar
opinions about how the contractor's yard is being run. Hoe, we want to
resolve this issue is, I think we might have six different opinions on
hoe, we want to resolve that issue. My opinion is to have the public
hearing but there are other approaches.
Erhart moved, Ellson seconded that the Planning Corunission recomBend to
the City Council revoke the conditional use permit for Lowell Carlson.
Headla: Now vrerre talking strictly the building?
Conrad: No.
Headla: His whole operation?
Dacys What is being requested is a bu j.Iding permit fox 12,gqg square
foot building and just to clarify, Mr. Carlson has said he is set and
prepared to build 2,A06 sqraxe foot of that.
Erhart: But what are !{e being specifically asked to vote on?
Pl ann iog
Eebruary
Commission
17, 1988 -
Meeting
Page 15
will do Dave, it wiLl basically restart the process all
Conrad:
Erhart: What it
over again.
Ri9ht.
The motion on the floor is to revoke the conditi.onal use
Erhart:. Hers going to have to come in and negotiate an acceptableto do his business- I.think in voting for this, $rhat it says is,not accepting an!.more those conditioni which include . Uoii6i"g.
Erhart: But it may be changedbuilding to a landscaping given
to a berming/landscapiog. From athat they look at our Minutes.
Dacy: Just to crarify. your recommendation wirl be passed to citycouncil and they wirr consider this on March r4th. tirey may choose toaccept that recommendation or they may work out an .q."6*;nl with Mr.carrson so this is a recommendation only and the couicir wilr have thefinal say on it.
Headla: What's it going to do to hin?
HeadIa: Even though thj.s istoward a resolution?
Batzli: That's right.
way
we are
Headra r r guess what it's realry going to do is force some action toget this thing resorved. That'is *tat you,re really attei i guess.
Batzli,. r'q be agarnst the motion in that I think a rarge part of theinactivity is -perhaps based in part upon tire cily oi a;;;;"5"".'s lackof enthusiam for the enLire proiess a! werr. on6. ;.-;i;";inurry grantthe conditional use permit, I don't think anything,=-t""i iin" ." far asmonitoring. the activity of the contractor's yard. There hasn.t been anannual review. r donrt entirety ptace rhe bi;;; f ;;; -;y^';i"hrpo
i nt, onl'lr. carrson. At reast to a point where revocation of . -.o.raitionar
usepermit would be r^rarranted.
a recommendation and rre're trying to hrork
Erhart moved, Erlson seconded that the planning commission recommend tothe city council revoke the conditional use peimit for Lowell carlson.Alr voted in favor except Batzri. who opposed-and motion caiii"a.
Batzli: What I stated prior to the vote is my reason.
Conrad: Mr. CarIson, I would recommendif I were you, I rdould go in there withthem how you would resolve the problem.but j.n front of us tonight, without anysaid you wanted to resolve the problem',
if I were you, and Irm not, butplans that would demonstrate tofrm not a lahryer by any meansplans, even though yourre lawyerthere was nothing here that give
Batzli:
permi t .
Planning
February
Comurission17, 1988 -
Meeting
Page 15
me any confidence that there were plans to resolve the
erere set forth 3 years ago. If I were you, I would be
meeting showing them how you would resolve that.
conditions that
going into that
Emmings: Ird like to explain my vote to some extent. I agree with what
rim said after me. I thj.nk maybe a nore overall approach to the
Iandscaping out there. Doing some berming and doing plantings may be a
better iirst approach to this problem. rf it's done right and if itrs
naintained, r think that might be a better type of solution.
Conrad: Ir11 jump in that too. Irm not convinced that a building
the right solulion to the problem. I totalty favor the berming and
screening.
wayne tlccorney: ...number one, we bought the building because we l,anted
to do something about it. rt seems to me if you buy a building and you
make the building look like itrs brand new, even though it's used, by
putting all new steel on it, and put aII the vehicles and aLI the crap
Lhat you're complaining about now, put it inside of that, I donrt see
any reason for berming and everything like that.
Emmings: He told us it all wouldn't be inside of it. I heard him say
that to ne.
LovJell Carlson: I said it wouldn't be inside of it? When did I teII
you that?
Conrad:same thing.
Lowe I 1
the
I'rn sorry i.f I told you that.
the City Council if you
we can put this buildingput it inside thi s
such a date. We'1.1 have
If you came in with a
is
the
I heard
Car I son :
conrad: Mr. Emmings said Lhat if you build a L2,ag0 square foot
building, would you be able to fit everything jn and you said, no you
could not. You said those garages r,rould still be standing, packed.
Lovrell Carlson: Yes, that I did saY.
wayne Mccorney: He's not goiog to tear dorrn all the buildings that are
th-ere but everything thatrs outside is going to be ins ide. consequently
you've got room that you can paint and fix uP the buildings you donrt
irave ev6rything piled up against the building so consequently a1I th9
U"iiai"g"'are loing to look decent and look good if he got Ehe building.
'1'he sizE of the pile is concerned, that therers too much to go in there.
yourve qot to realize that that bujlding is ent j.rely there and that
urifairq, wnen itrs broken down sitting on that pile, it v'ou1d take up
about oie-third of the building so forget about that pj.le because it's
going to be gone. It's going to be inside'
Emmings: I think you might get a long way with
wouLd come in with a real hard plan and say if
here, werII take everything off the ground and
building. we'II build the building by such and
everything cleaned up by such and such a date-
Plann ing
February
Com:n i ss i on17, 1988 -
Meet i ng
Page 17
rationale is, there isthat property?
So rrre $rou Id executeconcerning the f irst
aLready an agreement govern i ng
a secondary agreement that would wrapagreement as well as the office space
the trailer
and that he
real hard plan, they might be interested in listening to you but youdidnrt do that tonight. rt's hard to evaruate sornetiing ih.t'" in thefuture when you have peopre you're dearing with who trav6nil-snown anyinterest, really, in doing what they said they r.rould do in the past.
Lovrel l Carlson: Number one,permi t?how do you go about gettj.ng a price on a
Emmings: I have no idea. This is the wrong body.
TEMPORARY CONDITIONAL USE PERMIT TO ALLOW A TRAILER ?O BE LOCATEDTEMPORARTLY oN 5.55 AcREs oF PROPERTY zoNED RR, RURAL RESTDENTTAL ANDLOCATED AT 1560 ARBORETUM BLVD., DAVID LUSE, NATURAL GREEN.
Conrad: Staff has advised me that the second item regarding thetemporary conditionar use permit for a trailer to be iocatei temporariryon property at 1GG0 Arboretum Brvd., the Naturar c.u.n iii.l that tbisitem should not be handled at the eianning commission rever and wirl behandled at City Council. Barbara, can you explain that a littel- bitmore for us?
Dacy: The City Attorney reviewed this request and because of a previousdocument called a settlement Agreement wifh Naturar creen-trrat wasexecuted in 1985, that the issues invorved with the office space can beh-andred by an amendment to Ehat agreement and should not be handredthrough a condirionar use permir.- so iiie city coun-ii--*iir l"considering. that agreement at their March 14, 19gg meeting. So if thereis any public here regarding that issue, they should attend thatmeeti ng.
Conrad: sothat parcel the
or
Dacy :
up the
i ssue .
Right.
issues
Emmings: That !r,ouId also include, would the...for allowingbe that we get the old railroad building by a certain datehave his trailer out of Ehere by a certiin-date?
Dacy: That I s correct.
Emmings: I think that sounds real good.
PRELIMINARY PLAT APPROVAL TO REPLAT 5 COMMERCIAL LOTS INTO 6 COMMERCIALLors oN PRoPERTY zoNED BG, GENERAL BUsrNEss AND LOCATED NORTH oF wEsr78TH sTREE? BETWEEN PowERs AND KERBER BouLEVARD, T.F. JAMEs coMpANy.
Jo Ann Olsen presented the Staff report on this item.
Planning
Eebr uary
Conunission17, 1988 -
Mee t j. ng
Page 18
Headla moved, Erhart seconded to close the publj.c
favor and motion carried. ihe public hearing was
hearing.
cl osed .
All voted in
Charlie James: I just had a chance to look at the staff report this
evneing and I have substantial agreement with everything that's beingproposed here. I guess one of the thi.ngs, there are two areas that might
be a bit problematic that I would like to discuss. One is this
recommendation that there be no access allowed onto CR 17. I have a
concern there because I don't if werre talking about just this here
because at some point werve provided a road up here that we thought
would go through this area and come out into CR 17.
Olsen: No, werre just talking about this plat.
Charlie James: okay. I rtras confused there because there may be a
situation where the Fire Departnent may require a continuous street
through here to the north through this multi-family area rather than a
r-ul-de-sac and rde had made provisions with Mr. Jacobsen to reserve thepublic and private right-of-$ray through the center of his property for afuture street that may go to CR 17 here. My only concern would be onthe timing of this. we may have a situation where if thj.s doesnrt get
built riqht away and we have somebody that wants !o go here, there is
sewer and water and if they can get a temporary access off of here.That's only the condition that if for some reason this thing here gets
held up. This relocation. we did submiE r.rhen this was all approved, a
temporary access plan for thj.s Lot I, Block 2 showing how aII that will
work on a temporary basis until such t ime as this is constructed and we
also have a temporary drainage plan showing hov, that will work until
such time as these improvements. Those have been reviewed and accepted
by Staff and I guess I'm concerned about this no access onto CR 17 from
the standpoint of just timing this and maybe we might need it on a
temporary basis here. I don't know. The other issue is, I donrt have
any problem here. We've got these driveways lining up here and we've got
a driveway lining up here and the reason for this configuration of this
lot doern here relates more to the farm houses. There are now an oldcouple living there, that future use that we capped for that. what we
may have to do before we go to the council, if staff wants a driveway at
this point, is perhaps replat this lot to expand this i{est property lineover to this point or so:nething so there isn't an easement required toget into that lot. I don't have any problem with increasing the
easement to 33 here. I did want to point out in the staff rerPort, from
cary Ehretts report, I think he said we've only provided 40 feet ofright-of-way here and lhat's not correcE. Along here the right-of-way
was vacated out to make it consistent with the wj.dth of the right-of-wayin the downtown segment of the street but I vrant it noted that weprovided 80 feet of right-of-way through our property here. Not the 40that was mentioned in the rePort.
Dacy: I think he was referring to the existing portion.
Charlie James: I guess thatrs my only comments.
PIann i ng
February
Commission17, 1988 -
Meeting
Page 19
Erhart: Why do rre recornmend that these driveways be directly across thestreet from another driveway? What's the purpose of that?
Olsen: It t s much morerather than be off-set.engineering standpoint,
complete intersection.
preferred to have them come at a direct
. People pulling out from one driveway.it's much better to be directly across
ang le
From anto have a
Erhart :
Can you
Erha r t 3
time?
Do you have any businesses thatgive us an idea of what?
are gojng to be built here?
Charlie James: We have our hopes and dreams.
specificly on something at thisAre you working with someone
charlie James: we are working with a number of parties. r r,rouldn'texactly say that' werre ready to go as far as this southlrest corner ofthe property. Theyr re finishing the structural drawings and werre goingto.be submitting, wetve already been out pricing the plans and we'regoing to be submittj.ng our building plans, our iinishid plans to theCity probably by the first of the month. On the other side of thestreet, werve had various inquiries. werve had some people vrho want toput a landscape business here and 1 Eurned them down Leciuse r didnrtfeer it was an appropriate use. werve had some interest from somebanking people and we do have a plan at the other end there at somepoint, to do some sort of communi.ty sized shopping center it the eastend of the property at some point when conditi.ons $rarrant that. That'slhy it has the configuration that it does. we have done some prerimnarydrawings to lay thi.ngs out. I thi.nk the other reason to have thedriveways line up is, if they ever put a median down that street, itgives an opportunity to add turn lanes in.
Erhart: The buirding that you showed, was that in here once already?okay, and thatrs progressing and thatrs going to be what? what's goingto be in that building?
Charlie James:
cleaners.
Therers going to a little grocery store and dry
Erhart: When you expect that to be constructed?
Charlie James: We're trying to
completion of West 78th Street.
West 78th Street i sn' t. . .
tie our completion of that with thewe donrt $rant to be opening that if
Erhart: When's that planned ?
Charlie James: October 1. Werre shooting for faIl.
Erhart :
access to
My only comment is, I believe we
CR L7 but a tempoiary one would
should not have permanent
be okay. That r s aII-
Planning
February
Commission
17, 1988 -
Meeti ng
Page 2A
Emmings: In the staff report it talks about
betvreen driveways and from Powers and Kerber
that in the conditions. I donrt think, does
OIsen: rtthat too.
minimum 390 foot seParation
BIvd. but it doesnrt say
it?
does from Kerber but it didn't say f ro:n Powers. r noticed
Emmings: So we should add in Powers?
Olsen: Yes.
Emmings: Noi,, I noticed that Lot I only has 294 feet of frontage. How
can he get a driveway 3gg feet away? You knew thj.s question was coming.
Olsen: Yes, because we discussed it with the
were going through it, I pointed it out too.
right on the lot line but the way you measure
with 294, the driveway can be anyvrhere from 2
still be able to placed on it.
engineer too. When we
I saial , that will put it
it. The center line.0 f eet r.ride. It vrould
Emmings:
then how
share?
But if you also want 300 feet of separation
do you get one into Lot 2? Are you planning
between driveways,
thatland2will
Olsen: They wanted it just from the main streets, Kerber and Powers.
Emmings: okay. Again, the staff rePort seemed to say 300 feet
separation between driveways. Oh, I see. Thatrs not saying between
driveways. Just between the driveways and those two roads. okay.
I underitand what yourve got there now and that's fine.
ElIson: I have nothi.ng further.
Batzli: Are there any conditions on the driveways for this Lot 1, Block
2 going north to west 78th?
Olsen: The driveway was already approved as a part of the site plan-
this will be west 78th street, the new portion.
Batzli: So you're already basically limiting where you're going to Put
that driveway on the north. where does that line uP on the other side?
olsen: They line up
Charlie James: The
I ines up with where
Batzli: Are You sharing
Charlie James: Yes. we
Batzli: so 1 and 2 andyour having driveways in
almost direct.ly.
one
we
down there at the southeast
placed the driveway for Lots
3 and
you r
corner of the site
3 and 4.
driveways then?
have cross easements for all the driveways.
4 are already sharing driveways based on
Lot 1, Block 2? I donrt have any
Pl ann ing
February
Commi ss i on17, 1988 -
Meeting
Page 2I
questions then.
Headla: Let rne take off on a tangent on one thing he mentioned thismultiple housing to the north. I donrt know, have any of you gone toany of the referendum issues? The fire station. The main rationare fora new fire engine was those units. They need differeni "loip."nt to getto those buildings. so r asked the safety Director, what-goes on? wheny9u ?pproved that you never said anything about a fire engin".Shouldnrt those peopre have born soire of-that cost if we ieJa newequipment? He came back,.it's against the raw. we canrt charge thosepeopre for a new fire engine. If we arl.w them to put up that buirding,and it needs equipment to fight fires, theyrff a i sp^eiie -if,.l-
"o"t. Notthat person. r realry had an eye opener oi th"t oie. r t;a " littreupset but thatrs the_ way it is and the Fire Department's In tr," stut"are trying to work with the legisrature to change thai. a;t as it isright no$r, that's the way it is.
Charlie James: Ird like to distance myself from that. I don,t haveanything to do with that. I just sold the land to him.
Headra: r understand that but this is an education for us. when youbrought that up it just jarred my memory.
Charlie James: I want you people to know that werre working verydiligently with our plans to bri.ng them i.nto conformity witi whaf yourfire_ people here lrant. you shourd arso be aerare that lou,re rocar firepeople have, they can't do less than what the Code reqiii"i-brt yor.locar fire marsharrs have the power and authority to iequest more thanwhat. the Code requires and that,s r,rhat is being -request;d oi us.Theyrre requesti.ng sprinklers and a central 24-hour' monitoiing systemwhich is something that r could see on the pilrsbury Torrer downtown tiedinto. the porice.department. werre actuarry being riquired to do what rthink is excessi ve.
Emnings: Could I ask just a clarification here? If hethat westerly boundary of that lot to get in a drivewaydon't think anybody would have uny pro5le^ with that b-uput anything in here to allow him to do that?
Conrad: I have nothing to add.
Dacy: No, if
thatrs f ine.
Emmings: So the plan can changewithout causing him any delays?
Dacy: If itrs a minor change.
belvreen here and the City Council
wants to moveor something, It do we have to
didn't see srha tto know exactly
problem.
he wants to make that change betlreen now and the Council,
Conrad: We've had times when plans did change and wewas going and that,s always a concern of minE. I eranththatr s going to Council but in this case I donrt see a
Planning
Eebruary
Commission17, 1988 -
Meeting
Page 22
Emmings moved, Batzli seconded that the plann j.ng Cornrnission recommend
approval of Subdivision Request #85-Lt for West Village Heights toreplat five commercial lots into six commercial Iots as shown on theplat stamped irReceived January 28, 1988" with the following conditions:
1. There shall be a maximum of four driveways on the north side of West
78th Street and the driveways shall be directly opposite of existing
driveways to the south or placed in a Iocation such that future
driveways on the south side can be constructed opposite of t.hose on
the north (i.e. Iot lines).
2.Lot 5, Block l shall share access to west 78th Street vrith Lot 4,
Block 1 at a minimum of 3Og feet from Kerber Boulevard and Powers
Boulevard to intersect with the Burdick property to the south.
A maximum of two driveways shall be allowed along Kerber Boulevard
and a driveway servicing Lot 5, Block I shall be directly oppositeCoulter Drive.
3
4
5
There shall be no permanent driveway access to Powers Blvd. (CR 17).
watershed d i str ictFinal site plans shall conform to city and
criteria fox l0O year freeboard elevation.
?he drainage easement for the ponding area on the Eckankar site must
be acquired prior to development of Lots 2 and 3, Block l and the 25
foot utility and drainage easement on the erest border shall be
increased to 3g feet -
AI1 voted in favor and motion carried.
6
SITE PLAN REVIEW OE A 7,277 SQUARE FOOT CHURCH
ZONED PUD-R, PLANNED RESIDENTIAL DEVELOPMENT -AT 251 LAKE DRIVE EAST (LOT I, BLOCK 7, HIDDEN
LUTHERAN CHURCH.
TO BE LOCATED ON PROPERTY
RESIDENTIAL AND LOCATED
VALLEY) , FAMILY OF CHRIST
Jo Ann Olsen presented the staff report on this iten.
Conrad: Would a representative of the church Like to talk to us? Maybe
respond to anything yourve read in the staff report or what you've heardtonigbt. I think that's important if you agree with the staffrs
recommendations or have problems with them. We're interested in that.
Dean BrovJn: I'n chairman of the new building committee and
representatj.ves of the buiLding committee, as well as the church, arehere. Terry Lyons is also here. He js an employee of Banden
Construction Company and they are our desi.gners and they have prepared
the drawings and at this point, will be the ones that are going to becarrying through the whole ionstructj on. I think Barb knows us pretty
well. Letis see, we've been working Eogether for quite a long time
Pl ann i ng
February
Commission17, 1988 -
Meeti ng
Page 23
here- r think that $rerve cone a long way. we agree with the majorityof the recommendations here but rre wourd rike a -ouple crarificalions ona couple of them. First of all, on number, we mighi as well just goahead and start with number 5. r think that that, from our p"rsp"itiv",is fine.. To realign with that intersection is okay froro oo.perspective. one thing that lrre were wanting to kn6w tiroulrr is, if whenwe realign and move that 6g feet down, there seems to be in area therethat.we could possibry. ge! some more parking. r think itrs important torearize that the church that werre buLlding-is on..r.r"u *h".. ,r" .unnot park on any streets and we don't want to park on any streets so wevrant to be able to maximize the amount of parling space that we can get.r realize that you have minimum requirements but at the sime time, w5want to be abre to provide as nuch parking so we donrt have any probremsin the future. I think what we're lalking is just north oi thatintersection, you can see there,s a littl,5 bit"of ui"i-in-tr,.re, if wecould possibry get some more parking in there. second is item number 5.A second access to Lake Drive East shall be provided and approved by thecity Engineer- werre a very new congregatioir. w";ve-ieen'in existencefor about 7 years. We have experienced a growth rate in the Last 3years of approximately 2qZ a year and that,s why werre at the pointright now of proposinq to you, we need to move on. we,ve been veryfortunate that we were able to rent the ord st. Hubertrs churcb but aEthis point werve outgrown our needs. we are a member of the newEvangelical Lutheran church of America who has " u"iy-titni- ruitaingprogran thatrs been in existence for a number of yeais. we,ve beenworking through thern as far as estimates for a buird,ng and that,sreally our lending insti.Eution is our main church. Wh;t ,"'." upagainst i.s that because of the size of our congregation, they go throughand-recommend and approve an amount of money tiat they wirr- r-end us forburrcrlng our church. we have to pay it back at a spe-ific interestrate. we have to live within a budget ot $4sg,gso.As. we kind of havea top end here where we.just have a certain amount of money to spend.The reason r'm bring thii up is that a number of the iterns'that havebeen proposed by the city we're very much in agreement with. we feerthat theyrre very important but r think itrs important that you arsoundetstand that a number of the items are ki.nd af outside ot tn"original budget that we were going with. Now r can't say it's yourfault, that our budget was a certain amount but we were reiying veryheavily upon a very well established buirding program wittrin tneLutheran church. currently, up t.o the point where we don,t have to dothis extension drive, wetre spending approximately between $50.ggg.gO to$6o,aqq.oaofoor'moneytocompIywiththecurbin!,Iandscapingsprinkler system, addi.tional fire hydrants and thi.s i.s ,non"| thrt ,usnever appropriated for those types of Lhings. what we,re thinking o;item 6 j.s that at this parti.cular time in our buililing phaie, we,relooking at approximately $5,g0A.SS t.o gIO,Sgg.gA of additional money toadd that road. we would very much love to have that second access hrhenwe add our additional parki.ng but at this particurar time, it's a costthat rre just really canrt bear. we donrt quite understand the fullreason behind it. As. sEated.earlier by the gentreman just preceedi.nguSr w€ found kind of three tier effect here irom the Elre pEopte. Aspri.nkled buirding. Thatrs fine. we agree that that'. . ,,r".y importantaspect- That wirr herp our insurance but itrs a cost to us upfront.
Pl ann i ng
February
Commission
17, 1988 -
Meeting
Page 24
Second is the number of fire hydrants that i.re're providing on our lot.
Currently we're providing two fire hydrants and we're going to be adding
a third one when we add our final sanctuary. we feel at this point we
kind of have two tiers of fire protection. Now, all of a sudden we'regetting an additional access for emergency vehicle type of equipment andit doesntt settle weII with us.
Conraal: Whatrs the rationale Jo Ann?
olsen: It came back, again from the Fire DePartment and also from
engineering. staff, we always look at a second access. They $ranEed
that for emergency purposes in case, for some reason this was blocked
and trucks could not get in to the fire hydrants around her':. hle can
negotiate. Itrs pretty level here and I think a truck might be able to
get in there if it is a gravel road and maybe just keep it plowed in the
winter to keep a path open. That's something we can negotiate or work
with them. I know that we want some form of secondary access onto that
site. If it's just a driveway that is maintained or kePt clear than I
think that wouLd be acceptable and possibly they wouldn't have to do a
bituminous drive at this time. We can work with the Fire DePartment and
the Engineering Department.
Conrad: Werve always vranted to get two roads to a parcel , a building
site, a residential site, but also werre asking for two accesses to the
site? I guess Irm not aware that we have applied t.his standard before.
Maybe we have and I just haven't recognized it.
olsen: When we have the two separate roads it
area for a second access. I^Ie have been lately
secondary access.
Conrad: Barbara, I think I heard Jo Ann say
kind of access. I'm just goi.ng back to some
nothing to do vrith this. I'm just trying to
Dacyr Thatrs part of the rationale. You're
and a guideline is the tyPe of use. whaE I
sanctuary can hold up to 400 people. If you
full of people and there's io emergency that
berm plus landscaping, let's say itrs during
asking, what is a guideline
was going to say is that the
have a parking lot thatrsoccurs, you have a 2 footthe wintertime and for some
helps provide us
though providing
with an
a
Headla: I can remember having battled through when Tim and I' when we
couldn I t get them.
Otsen: The mini-storage for Gary Brown, he had to provide a different
easement. The neighbor is letting us drive over their land but itrs
still some form of secondary access.
Conrad: Wherers the guideline that ere use to require a second access?
where is that?
Dacy: I think you have to remember, how many people can assemble in the
sanctuary?
that we can
basics. It
understand.
work out some
really has
Planning
Febr uary
Cornmission
17, r988 -
Meeting
Page 25
planning staff guideline? Is it a Fire DepartmentConrad: Is it a
g u idel ine?
Dacy: AI1 three.Fire Department.
As Jo Ann said earlier. Engineering, planning and
conrad: so in terms of the motion that the staff has recommended, thata second access be provided_ and approved by the City Engineer, do weneed to change that in right of Jo enn, y6u feelinq ttit we can workwith the church somehow to insure that we have a second access, becausethat probabry-makes sense? Do \re need to modify that to give the churchfolks a warm feeling that...
Olsen: Yes, you might
Larry I s conditions are
driveway.
want to modify it just because the conditions,pretty specif i.c that it must be a bj.tuminous
Emmings: why donr t
be a second access
Ellson: Take outshaII be prov ided
j ust leave it generat
take out the spec i f ic
words " Hi.dden
approved.
that there wi1I
them negotiate.
we
and
one
one
1n
and
here
let
the
and
Courtt and just say, a second access
Olsen: Maybe just take out Larry's specific.
Batzli: If you remove
recommenda tion?the engineer's condition 5? Is that the
Olsen: That deals with both of them.
Dean Broern: Just for clarification from our standpoint then, if weprovide the second access, what about the curbing along the street?we have to provide the curbing into that access ind asiuming there issome sort of berming and landscaping along there, how do we? we wantcomply with you guys but we just want clarification.
Do
to
Olsen: Thatrs somethi ng
what we want. to do and I
Terry Lyon: For exampleit's clear in the winter.
Dean Brown: I guess
use of the bui lding.
would work out rdith the
r.rork it out.
engineers. I know
we were to provide a curb cut...and insure
we
can
if
I kind of
We are a
want to bring up a point too about thecongregation that meets on Sundays,
reason that access into the front of the church is blocked, the
ernergency vehicles have no other means to get to that. To scale bermand maybe a snowpire, a secondary access ii going to help that out. TheJuly superstorm, if there's flooding or something occurs in that areathat that access is brocked, again that reaves a second meaos in andout. The amount of people going in and out of there, especially if itrsfull, at a Christmas mass for example, thatts what we felt gras thecr i ter ia.
Pl ann i ng
Eebruary
Commission
17, 1988 -
Meeting
Page 25
wednesday activities, Monday activities but we do not plan any type of a
day school or any type of a child care either so the use of the building
is not going to be continuous all the way through. It is going to be on
specific days and specific times. Again, I guess r'd really like to say
that we agree that we would like a second access but a fully, true
second aciess would be provided... I think we needed clarification
again on point 8. The steeple shall be constructed of non-combustible
material or sha1l not exceed 2g feet in height of?
olsen: I talked to the Building rnspector thi.s evening
and what he's saying is that you wiII measure that 20'
actual highest point of the buiIding, the sanctuary but
pretty much the height of that building, you can go 2g
that.
to confirm that
not from thethere itrsfeet higher than
Dean Brown: And that height is feet?44
ol sen :
able to
Say that height is your
go 2q feeL higher than
feet of the
It I s from
You would be
Building Code.that.
of our
sanctuary.
the State
Dean Brown: And if the height
wouLd be 26 feeE above that?
Ol-sen: I believe that's hoI,, it
adds something to that 20 feet.
that from.
building was 44 feet and then it
works.
It's a
I donrt know if that 44
Building Code that he's
feet
us ing
Terry Lyon: I feel obtigated to EaIk with the Building InsPector in
that regard too because as I read the specific section that was cited in
the UBC, Article VII, it says that you can go 2g feet above the highest
allowable height which in this particular building, it's a TyPe v, is 50
feet. 50 plus the 20 and I realize we're still 3 feet above that but
I'd like to discuss that issue to clarify it.
Conrad: So just for my own clarification, and I clonrt even care but if
they built it entirely out of non-combustible material then these 20rs,
we don't care about. But if they do, then the buililing code applies.
Olsen: And that will be caught in the building iospection action.
Dean Brown: On the water, I think we needed clarification. Werve been
told or talked about a total water IooP for the fire hydrants connecting
Chanhassen Estates into a fire hydrant on the lot just to the south of
us. what's the rul i ng?
Terry Lyon: By that they mean they would like an adequate water supPly
line connected to the east on chanhassen Estates and also to the south
so there is a continuous loop. There again, as we were indicating
before, we have a sprinklered building. They required hydrants. Now
they rrant a complete loop. A watermain is not real cheap and then the
acclss. We're just asking hos, many different requirements.
Olsen: Thatrs a typical requi.rement for the loop in the water -
Plann i ng
February
Commission
I7, 1988 -
Meet i ng
Page 27
any supportable logic to phasing in those types of
Dean Brown: Again, I'II reemphasize the first phase of the building...alimited budget in the sense that we allree, we v-ry much intend to a6 tnesprinkling and do the two fire hydranis but t wourd rike to amend it tosay let us do the total water roop at the time we add the third firehydrant and add the final sanctuaiy so that ,. "Jura-po""iurv delay someof the costs because at this point, we donrt really sie that to beanything other than a convenience for the City. aiain, we want tocomply to that but we,re talking some money tr6re aia iiuin, we,realready, to meet the randscaping, the park-ing and m ioi"i to reiteratethese things because from oui perspective rde're not a business. wedon't sell a product. .We don,i qel .ny income fro. "oro.iting. what wesurvive on compretery is donations and we want to make sure that we arecompletely responsible to the citizens of the city of chanhassen. whatwe're rooking at here-, is rearly experiencing a c6st thai;s-just a lotfor us in the first phase- we would r.ike to see that amende6 to say,bring the watermain -in for the two fiie hydranEs and then at the time wego to the third phase for the sanctuary, Le required to do-ihe totalwater connection into the third fire hydrant.
Conrad: Is there
things?
I would need to discuss those with the engineer. Ibe more logical to do it now. I donrt know erhethercould be amended. I guess I don't know the facts.
Dacy: To be honest, vre didn't anticipate the detailed questions thatthe applicant has so we didn r t ask l,tr. Browr.r to attend fonight. JoAnnrs right, we canrt recommend to the commlssLon one r,ray or the otheron their request but we understand your concern. this ii a detaileditem that, as far as- the planning C6mmission is.concerned, unless you dohave a rear big probtem with it,-this is something tnii-"i.ir shoutd beable to work out.
Ol sen :it m ightthat it
Conrad: The only impact is the motion that we make.
a motion so there is sorne
think that
I could say
Dacy :
werd
If
su re
you want to phrase
appreciate that.leeway in there,
Conrad: The trouble is, we don't have thewhy bre require two fire hydrants or three.the looped water. whatrs it a function ofstandard that makes sense to me but Itm notrequirement and r.rhen not?
insight either. I'm not surefrm not sure why we requireother than it's probably asure when can you sl ip that
Dacy: Exactly because the engineer, the basic purpose of it is tomaintain a constant pressure ind if you're usin! o-ne f ire hydrant andthat draws all the rrater off of one main and therers not eniugh pressureto serve the second hydrant,. you want to keep a looped system, as Mr.Lyonrs said. They go through the flow and piessure^ analiraia and I,msure Larry has done preriminary evaluations of that to d;termine thisrecommendation. They have submitted another proposal that he may or may
Planning
February
Commi ss i on17, 1988 -
Meeting
Page 28
not have looked at. Unfortunately Larry isn't here and he could have
probably answered that.
Dacy: Right.
Terry Lyons: Actually, I believe the continuous loop is a request
whether it's 1, 2 or 2g hydrants. The concern, as Barbara mentioned, is
they want to maintain pressure. If for example there tas a fire at the
church and Chanhassen Estates, if al1 the hydrants were open at the same
time the pressure would drop. our feeling is, possibJ,y but there againit's belts and suspenders and shoul-d we be made to bear that cost all at
this time -
Dean Brown: I would assume that the majority of you have built a home
and had a budget. Again, being the chairman of this building committee,
I have to be very conscience of that budget because the money that we
sink into the ground for these things are very important to us but they
also deduct from the aesthetics that we can builal into our building.
Right now we canrt even afford brick and that's not anything from your
perspective so r,re' re giving up a lot of things. wer re reduc ing the
quality of the windows that werre putting in the building and the
quality of the carpet. Thj.ngs so vre can afford stuff that will make the
buililing what you guys want.
Conrad: werve heard that. I think we all work with a budget. on the
other hand, one of the charges for the City and for this commission is
to make sure things that are built are safe. There may be liability
problems if we allowed you to do something that's not considered safe
and I think thatrs a responsibility that we have to make sure is
satisfied that whatever building goes into chanhassen, has the safety of
the citizens as a cornerstone. I think the city wiII work with you andif a phased in approach can be worked, I think werll try to do that. If
it can't, you're going to be stuck with it. You should cont.inue, when
you go to City Council, between now and City Council you can be working
with city staff on these. I know the road access can be taken care of.
The other issues, I think they have to talk to the eng j.neer and get some
specifics and you should sit dovrn with him.
Dean Bro$rn3 But that's something we hadnrt heard before
in approach. Thatrs why I'm asking these things severaljust been told water loop, fire access, pavement. To us
but letrs give and take a little and thank you very much
that. Thatrs what werre J-ooking for.
$ras the phased
times. We I vethose are therefor say i ng
Conrad: And I donrt want to lead you astray. Maybe $re can't do that
but I think we should look at it and see if thatrs possible.
Dacy:
these
It sras my underst.and ing that Mr.
recommendations.
Broern did talk to you about
Batzli: A continuous loop may have been based on an evaluation of thethird fire hydrant already being installed. May or may not, have been.
We donrt know.
Pl ann i ng
Febr u a ry
Commission17, 1988 -
Meeting
Page 29
Dean Bror.rn: Yes .
Dacy: Okay,so you were aware of them?
Yes .Dean Brown:
Dacy: Okay, so nov, yourve comehave posed to Mr. Brown?
up with alternatives that you may not
Dean Brordn: Thatrs right.
Dacy: . okay, so that makes me feel better. They were alrare of theseconditions and we can go fron there.
Olsen: That's more of a conditj.on just sofn, we will know to review those sifes and1ot within the right-of_way. If this goesacquiring this property.
Dean Brordn: The point 4, the futureadditional right-of-way required bythat mean?
Dean Brown: That again is cuttingwerre concerned about. Can we geithat would say, that setback woildparking for there?
phases shall preserve thethe TH 101 improvement. What does
when those future phases comenot let you put the parkingthrough, they wiII be
Dean Brown: At what point would they acquire that?
olsen: when it would be improved.
Olsen: Right. The way werre considering this is that itrs a hardshipimposed by the_City so you could possibly get a variance to thesetbacks. It is something. we_ are taking away. Land that you did haveror the setback so rhe. sefbacks *.t t; ;"J;aae. -y;;
"iiir'Iirro not beable to build into it but we may bl able to look at reducinq thesetbacks and provide =om" s"r.e-ning or addiEionar b";;; -;; ";"meth
i ng .
rnto an ar ea
some sort of
change so we
of our parking tha tapproval at that timecan still get some
but as you aII
the future
that ' s not going
Dean Brogrn: Again,
some of our parkingthe only spot vrer re
that to us it,s takjng away fromwe can work on a variance. Is that
our concern was
and so long astalking about?
Olsen: So far .
Dean Bror.rn: And r.re rrouldn't know that until it was all approved right?
Terry Lyon! Thatrs pushing that one right to the limitknow, that. parking j.s just meeting the i.g.r:.."...rt" io,expansion so if indeed you say we may get the setback.to allow us ro meet youi requirement i6 tne fua;;;:-"'
Planning
February
Commission17, 1988 -
Meet i ng
Page 3g
Olsen: Youget it.
still have to go through process. I canrt say that you'Il
Terry Lyon: In your opinion, it would be approved? I feel it'sjustified to ask. The church is setting aside that property forsomething that rnay not happen and receiving no compensation for settingthat aside and also it may be timiting their ability to expand in thefuture because they wonrt be able to meet the parking requirements so weneed some sort of commitment that it hrould be acceptable also.
Dacy: That r,rould be staf f t sCity Council is going to do.
recommendation. We cantt guarantee r.rhat a
Dean Brown: So by us agreeing to this recommendation, we're just sayingthat the future phases shall preserve that particular piece of
right-of-way or any right-of-way?
olsen: werre saying that particular. If things change...
Batzli: I donrt know that staff can even
hor., they develop TH 10I $rill have a major
control over that really. Very little.
make tha tj.mpact on
statement becausethat and we have no
Dean Brown: But
for staEe use orperrnit was it?
we can go
wha tever
on
use,
the assumptj.on that if it was condenned
then we could apply for a, what type of a
what happened to
really referring
it aI1 , wer reproblem for that
Dean Brown: A hardship variance. A hardship imposed variance sayingthat we still need the parking. Because potentially rrhat could happenthere is if you condemn that and then didn't give us the right-of-rray,
we wouldnrt be able to meet your minjmum requirements for parking.
Thatrs the extreme to the one end. I guess that's what we want to makesure everyone is aerare of is that we're building now with the thorough
assumption that we can add a second and third phase. We would hate to
be able to develoP this and the second phase and then all of a suddenfind out we canrt do the thj.rd phase because rrerre 5 parking spots
short.
Ellson: Variance.
Headla: This summer when lre had that heavy rainstorm,that area down Ehere? Did they get flooded? what I'mto is if lre take that spot of Iand now and rre blacktopgoing to have faster runoff. Are we going to create a
church or for the immediate neighborhood?
Olsen: The Hidden Valley plan always had, their storm water system
alrrays had this lot also included in those calculations and perhaps you
could clarify it a little bit better but jt was always planned for the
Olsen: vlhen they determine what property need, that's when they wiIJ.
start the acquisition process, As of today, that is the corner thatthey are looking at that would need the additional highway right-of-way.
PI ann i ng
February
Commission17, 1988 -
Meeti ng
Page 31
development of this lot so it r.rill be abte to.
Headra: rt wirr be abte to handre that more rapid runoff than ifjust plain ground there.
Terry Lyons: Thatr s also addressed in the engineerrs report.
Headla: Yes, I see they talk about it there but rdhere they put itblacktop, r just was wondering about that. on the rilnis-you rravethe parking lot, how tall are those lights going to bi?
Terry Lyons .. 2g f eet .
it was
aIl
in
Headla: And will they be on
Dean Brown: They'll be on a
Headla: So during the nightsomething like that?
all the time?
timer switch where
they usually stay
theyr I I come on.
on until middle evening,
Dean Bror.rn: We do use
Wednesday evenings andwe'Il more than I i kely
Headla: But they would
Dean Brown: yes.
Olsen: We usually havemight still be able toreflected so it doesnt t
answer your quest i on?
HeadIa: Irm thinking
away I see the lights
down, it leaves a fair
these?
Terry Lyons: They
sod i um.
our church into L0: A0
sometimes on Mondayshave them on.
to 1I:00 at niqht. Like onso for our safety purposes,
be on 7 days a week?
there, 2g feel, is thatit's on every night?
going to affectHeadla: I rdas wonder i ngneighbors a ways away if
the lights shj.elded so they're directed.tell that therets a light over there butshj.ne into a neighborrs property. Does
about when I took out my back window,from my church parking lot and to sayamount of light there. What kind oi
Theyit,s
tha t
2,699 feet
they pointlights are
will be high pressure sodium. ShieLded high pressure
Dean Brown: I think it's imporEant to note thathe east of us, that you would be referring to,to begin with and $e're stj.Il going to have a 6foot trees across there. So, it,s-like if ourhouses are down here plus there will be that 6there. Then the lights are going to only be fr
t aII of the houses toare lower than our lotfoot berm as well as l01ot is here and theto I0 foot shield across
om one end to the other.
Terry Lyons: One of the paiking lights thatresidential neighborhood.
rrould be visible to the
Plaoning
February
Commission17, 1988 -
Meet i ng
Page 32
Head1a: The one up on the north end?
Terry Lyons: Yes.
Headla: Thatrs all that I have.
Batzli: I guess Irm curious, are lre recommending this as a conditional
use but you evaluate it as if it was a conditional use?
O1sen: We use the requirements of a church within a residential
district as the guidelines. we had no specific guidelines for a church
in a PUD district so we really haggled this over. we were qoing, well
is it a conditional use? No, because it's not submitted as a
conditional use in Ehe PUD ordinance but yet there are no specific
regulations for the church in the PUD so we felt, since it is a
residential district, that regulations for churches as conditional uses
in the RSF district, whatever would be appropriate to use for the site
plan review. This lot was always approved as a church site. we felt
that it was still an approved use.
Batzli: So the future expansions wouLd have to come back in as another
site plan?
olsen: Yes. A11 phases have to come back in. we have to make sure that
they're conforming to the parking and the setbacks.
Ellson: I think it looks awful nice. I don't know how we can make a
recommendation with the motion so open to this type of thjng. Maybe
yourve done this in the Past but it seems like it will be awfully vague
to try and do something when there's so many things thatrs left to be
done. Do you do this a lot? They have to do this and that. 9k"y,we're going to go with that. It seems like anything can be written in
there. I'm just a little apprehensive about that Part of it but if you
guys have done it before, I'11 trust you.
Enmings: He mentioned they're not doing a daycare or not doing day
school. We one time talked about a church r.rho vras going to do a school
or we talked about the Possibility of Ehem doing a school. rf they
would adtl that as a use, would that have to come back? It seems to me
we talked about the fact that there had to be d if ferent requirements for
bathroom facilities and all kinds of other kinds of things. Is that
being taken into account now?
olsen: No. If they came in for a new use, a Iot of times werll hear
about it from the building department and within the PUD district, we
rdould have to address that as a permitted use. It Itould have to get
some sort of city aPProval -
Emmings: So
bac k?
if they decided to add those uses, they would have to come
Planning
February
Commission
17, 1988 -
Meeting
Page 33
Dean Brown: And we already furry understand that that is very welr, rtalked to Barb and staff, that construction of the walls are different.The fire code is different and thatrs why werre stating nov, that werrenot doing that so that what we're proposing is what weire using.
Emmings: The only time I talked against a church related issue, myfurnace stopped working at home. r'm not wirling to risk that an]anore.
Erhart: Why are there no trees shown on the landscaping in some of theareas such as the very north end and the south end?
Olsen: The reason is because theyr re not developing this side.
Erhart: What about the other?
Olsen: They are landscaping it all around.
Erhart: r see theyr re landscaping directly around the parking lot butnot around by the street. okay, so that future parking essentially erillbe seeded at this point?
olsen: r think werre just going to leave it in itrs natural state atthis time.
Dean Brolrn: We plan to seed or sod it. As you point out in one ofyour recommendations is that arr rand that r.rerre not using needs to beseed and sodded.
Erhart: Thatrs a good poinE. If the land is natural grass now andyourre not disturbing it, thaE may be i.mposing an addltional requirementthat may not be necessary.
olsen: rt was my understand that you were going to leave that southernportion all in it's natural state.
Dean Brown: Point 2, all open areas in the first phase shall becovered.
Erhart: r have a question, does the city have written requirements forfire hydrants and loops or is this somet[ring that the luiiaing inspectorsort of comes up with from time to time?
Dacy: The Fire Coale does.
Erhart: But r donrt see a.condition requiring three fire hydrants on mylist. Am I missing something?
Dean Bro$/n: Itts on the plan.
Erhart: Oh, yourve already got that on the plan. And I thj.nk you'I1see that a loop is a standard requirenent of the city for a firi hydrantso r donrt have a problem with that. r do think we ought to change thecondition for the steeple so therers not, again, r don;t think we ought
Planning
February
Commission17, 1988 -
Meeting
Page 34
to be imposing fire restrictions that go above the Uniform Building Codeso Ird like to see us change condition 8 to say that the steeple shall
be designed in accordance with the Uniform Building Code period. I
sometimes think we do get a little carried away with this fire thing.
Yourre requesting that one entrance be moved 50 feet further to the
south as compared to as shorrn on the plan?
Olsen: Yes.
Erhart: And the Eire Inspector is asking that the second access be
added at Hidden Court. I agree, if nothing else, that we should just
Ieave it open but I really question whether you r,rant to have that manyparking spaces and one access. It just seems to me, from a practical
standpoint, given that Lake Drive East is basically a private street.
In other words, it's not a collector. It's not an arterial. why you
wouldn't have an access up on Ehe north end. It just seems therers
going to be a tremendous congestion bringing all those cars in. You
know hor., people all come in 5 minutes after the service starts. rt just
seemed practical to me to have a second access uP there. I think that's
much more togical than the south end. Particularly considering, in the
future you're considering a classroom. If you're going to have a second
access, itrs more reasonable to put it on that side where you have a
density of children and so forth. Again, I don't know if it has to be
done now.
Olsen: Lake Drive Easg is a major east/erest.
thaE I s going toErhart: But according t.o Your
become . . .
Olsen: Thatrs still goiog to be a major road. And we did look at
providing that secondary access onto Lake Drive East and they had a
large berm to cut through. The sight distance of before.
Erhart: A berm that doesn't exist today.
collector. Itts a
TH I0I plan here,
olsen: Right but it's just that the sight
are qood points to having it on Lake Drive
vre determined that. . .
Erhart: what's the distance, if Youto Hidden Court, can You maintain a
dr i veways?
move that dri veway letrs say closer
369 fooL distance between the trro
distance
East but
not good.
reviewed it
was
we
Ther e
and
olsen: I think the city Engineer was recommending 160 foot distance
from Lake Drive East to Hidden Court.
Erhart: And it looks like you've goE, about what? 2gg feet there noer?
About 160 feet now so if you move it 6g feet down, that would get you toyour 100 feet. If you Put another driveway uP on the north end, that
Terry Lyon: The staff would not allow us a second access onto take
Drive East.
PIann ing
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Commission
17, 1988 -
Meeti ng
Page 35
would easily be 30U feet fron that driveway. Aren't we requiringcollectors, that driver.rays be 40A feet apart?
Dacy: In the rural.
Erhart: So it doesnrt apply here. Whatever, I think just looking atthis whore thingl you ought to have provisions, at reait for the futureon the driveway on the north end. Not the south end.
Dacy: That curve and the grade is the biggest factor there. The sightdistance is poor there. Even the existing elevation now.
Batzli: Is Hidden Court a through street?
Olsen: It curves down in a round about way.
Batzli: It does link up with something else somewhere?
Olsen: yes.
Dean Brown: Lake Drive East curves around and connects with Dakota.
Batzli: werre tatking about Hidden Court.
orsen: Yes, Hidden court does deacl end. There is another access.Herers Lake Drive East and then there,s another Hidden Lane back there.
Erhart: It must be the new design for the TH LAL/IH 5 crossi.ng. Irvenot seen this before. This is much preferabre over the one Maik's gotin his book.
conrad: r donrt have anything to add. r think Tim, your comment onpoint 8 was using the uniforrn Buitding code insteaa-ot tne specificsthat were in there? Thinking they wourd cover what staff deiailed? Theonry other thing r wourd say is that whoever makes the motion, is thatne recommend that the appricants work with staff to review i""""=.Maybe some phased in approaches if it works for fire hydrants, loopederater, whatever but basicarly working -with staff and the city Engiieerto see if any of those things can be-deferred. rf not, tire-tity-coun-irshould be aware of that when it gets Eo them.
Dean Brorrn: Thatis what we're looking for. rf it's a rure, werll haveto live by it but if we can work, werd l-ove to.
Erhart moved, Headla seconded that the pLanning
approval of Site PIan #88-1 as shown on the site1988 with the following conditions:
HeadLa ! That second access, we'rethat second access arentt we?
Commission recommendplan dated January 28,
really talking about quality. On
PIann ing
Eebrua ry
Commission
17, 1988 -
Meeting
Page 36
Ellson: Right. Not necessarily the road as constructed in the
Engineering report but we still want some sort of...
Headla: Yes, I think we want an access of some kind but...itts the
quality of the access.
Erhart: I think what werre trying to say is on Phase 1r naybe we could
live without it but if you're going to build all these parking spaces
and the additions shown here, we feeL that a second access will be
needed at that time.
Conrad: Emergency vehicles need a second access period. It just
simply, right now the mechanics of how quickly we want that access
upgraded and I think they can work that out.
Headl.a: Did you say anything about, like the fire hydrants and the
loop? If that could be negotiated with phases?
Conrad: Tim didn't.
Batzli: Could that be a friendly amendment?
Erhart: There has to be a second first.
Headla: IrlL move that the requirements for the fjre hydrants and the
looping of the watermain be considered for negotiaEion to be
incorporated in rrith the thjrd building phase.
Emmings: Shouldnrt we jus! say it like this maybe. If they can satisfy
the City Engineer that it's not necessary to do it all at this time,
then that would be alright with the Planning Commission. whatever the
City Engineer thinks is necessary or appropriate at this time. Is that
the idea.
Batzli: Are you suggesting in
be designed in accordance wi.th
with that?
ErharE: I'm assuming thatrs the same.
your point 8 that the steePle need only
UBC and not constructed in accordance
Batzli: Okay. Are there other applicable building codeslike to include? Is the problem that we have a builtling
tougher than the Uniform Building Code. Was that merely
of the Engineer or the Eire Department and the city?
that you srou ld
code that I sa requi rement
Olsen: That was the interpretation, 20 feet was how the Building
Inspector interpretted the height that they would Permit under the UBC.
Erharts If his interpretation differs from somebody elses and we
approve the requiremenE including this wordage, then the interPretation
doesnt t mean anything anymore. Then itrs rrhat vre approve and I want to
go back to the Uniform Building code and let them work out Ehis
interpretation.
PIannj.ng
February
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17, 1988 -
Meet ing
Page 37
Terry Lyons: The only other applicable Code lrould
Minnesota Building Code and it doesn't address thatthe Uniform auilding Code is the only one.
Batzli:
have been
spec i fic the
i. s sue so
Batzli: I guess I r.rou ld rather have said, the steeple shall be designed
and constructed in accordance with all applicable Building Codes.
Erhart:Thatrs f ine.
Arenrt you just talkj.ng about the UBC there?
I donr t know.
Emmings:
Emmings: I
communi t i es
Erhart: I
somebody I s
think the State has adopted the UBC and all
have adopted the State so we wiII have the
these
same.
m not trying to get us, put r.rords to try and back up
misinterpretation if in fact thatrs the case. I donrt
You would require it
yes.
anyrray? Okay, then therers no need for
areas disturbed during cons truction
covered with sod or seeded.
know.
put in a
back.
Headla: One other thing, Iooking at my notes, we \rere going to
note that whenever they do further expansion, they were to come
Conrad: I think that's implied though. Not implied.
olsens we would require it,
Head Ia :
it.
Terry Lyons: Itrs required by your Zoning Ordinance and itrs required
by the Uniform Building code and it's required by the Minnesota Building
Code. Anytime you add, alter, modify.
Headla moved, Emmings seconded an amendment to the motj.on stating that
the Planning Commission approve phasing of the fire hydrants and looping
of the eratermain if the city Engineer determines that these requirements
are not necessary at this time. All voted in favor of the amendment and
motion carried.
Erhart moved, Headla seconded that the Planning Commj.ssion recommend
approval of Site PIan #88-l as shown on the site Plan dated January 28,
1988 with the following conditi.ons:
I. The applicant shall provide details on type of shrubs proposed along
the east lot line and provide 1 foot of hedge along the hlestproperty Iine between vehicuLar access and Lake Dri.ve East.
All open
sha 1I be
2 in the first phase
Planning
Eebruary
Commi ss i on
17, 1988 -
l,leet i ng
Page 38
3.Two additj onal hand icapped
second and third phases or
The future phases shall
required for the TH 101
parking spaces will be provided with the
as required by the State building code.
4
6
8
7.
right-of-rray
The proposed access
the south.
to Lake Drive East shall be relocated 60 feet to
A second access to Hidden Court shal1 be
staff rrith the possibility of phasing.
negotiated r^rith the city
The applicant sha1l receive a sign permit for the proposed sign
which shall not exceed 24 square feet.
The steeple shall be designed and constructed in accordance rrith aIIapPlicable building codes.
The hydrant located in flont of the proposed sanctuary shall berelocated to the south corner of the entrance from Lake Drive East.
preserve the additional
improvement.
5
9
lg. Lights must be shielded and
neighborhoods.
not be intrusive on adjacent
Il. The 15 points outLined
included.
in the City Engineerrs report shatl be
The Planning Commjssion approves phasing of the fire hydrantsIooping of the watermain if the City Engineer determines thatrequirements are not necessary at this time.
AII voted in favor of the amendment and motion carried.
APPROVAL OF MI NUTES :
L2.
COMPREHENSIVE PLAN TRANS PORTATION CHAPTER.
Mark Koegler: Youtalking. What Irmyou and let you do
disagree and those
that I s in front of
and
these
Emmings moved, Conrad seconded to approve the Hinutes of
Commission meeting dated January 20, Iggg as amended onSteven Emmings. AII voted in favor and motion carried.
the
Page
PIann i. ng
1I by
Erhart moved, Ellson seconded to approve the Minutes of the planning
Commission meeti.ng dated February 3; 1988 as amended by David geadli
page 23. A1l voted in favor except Conrad who abstained and motioncarried.
on
made a statement before that I was goj.ng to bereally going to mostly do tonight is turn it back tothe talking and just take notes and agree andkinds of thj.ngs. Let me tell you, the materialyou tonight j.s the entire Transportation Section
draft of the plan. Therers new materiar in there and therers a mixtureof material that this commission has seen before as werl as, obviouslysome redrafting and rewriting of the text from the ol.d comp pran portionand the Broadened study Area Report into one document. Thi actuar newpages occur on pages 12 through 32 and then again on 39 through 45 andaddresses such topics as pranned improvenents; the recommended systemwhich is primaril-y a compulation again of the major recommendations fromthe last plan that we did some 7 years ago or so-plus the BenshoofReport that was done on the Broadened st'.ldy Area. Then it moves intosome new sections on jurLsdictionar classification. Airports, transitand some ranguage on imprementation. r think the bottom rine conclusionis that probabry transportation has been studied fairly eitensi""iy-----'within this community over the last r0 year period. r think the resultof those studies is that therers not a great deal of 'rnew reverations,that have come out of this. However, it really is pointing again thattheir number in the originar recommendations, ior a rot of reasons,haven't been implemented yet or in some cases are in the process ofbeing impremented. To a certain degree becomes a restateient of some ofthat and a reaction to some of that with the eye towards, againimplementing that to the best of the City's atitity over th; next l0year period of time. so r.rith that, I don't know t-hat any eraboration onspecific section. I,d be glad to do that if you so desiie. perhapsit's more prudent to fierd any corunents or concerns or questions thatyou might have.
Conrad: Anybody have any comments on the first l0 or 12 pages?
Emmings: Is that on 34?
Emmings: Mark, r just noted again that there'!s an inconsisEency in thatmajor arteriar versus i.ntermediate arterial ranguage. That happens onpage 2 and page 3 and page 4 and pages 34, 35 and 15. sometim-ei it,s inthere as a major, sometj.mes it in there as an intermediate.
Mark Koegler: Thatrs correct. I have not gone back and cleaned upIanguage on some of that first part of the text. All of that willchanged 19 le?d major/minor and that is the current J.anguage. Thechartrs that in here which repraces the previous chart ltraf 's tneI'letropolitan Council information, is the current classification
Ianguage.
the
be
Mark Koegler:
The i nterstate
have preceeded
language.
Yes. There you see the current categories we util,ize.freeway then we go major/minor collector so those nowand totally replaced the old minor and j.ntermediate
Planning Commission Meet j. ng
February 17, 1988 - Page 39
Emmings: Another thing r had is that on T-4 therers this exhibit 2-Trexisting roadway system and there are these heavy dark lines whichr think indicate maybe improvements that are occurring at the presenttime. Therers nothing in the key to tell us that. ti took me a whileto figure out what they were and either they shouldnrt be in there orerse be something in the key to terr peopre what they are. And then rwanted to thank you for adding the TH 7/Lake Minnewashta area turn-ins
PI ann i ng
February
Commission17, 1988 -
Meeting
Page 4g
on page 8. Thatrs all I had on those pages.
Erhart: I like to look at the pictures and I have a couple of commentson the maps. It seems when you go through it fast it's redundant butIrm sure therers some reason for saying the same thing over again threetimes. I think it's real good. I do bave a comment here Mark, maybejust some corrections. On exhibit 1-T. Wasnrt CR 17 in existence in
l98g?
Mark Koegler: No.
Erhart: Okay, then if it wasnrt then r then it should be
imProvement from 1980 to 1987. It should have a heavynext one that Steve referred to. Am I correct?
on the 2-T as an
black line on the
Mark Koegler: Thatrs correct. Bear in mind here what happened. The
roadway probably physically was j.n the ground in 1980. This plan wasput together in the late 70rs and I think there were some assumptions
made so this really is an exhibit from the previous plan reflecting what
was there. I agree, it should be shown as an improvement that occurred.
Erhart: I wasnrt aware that that wasnrt there in 1980.
Mark Koegler: That $ras about the time of construction.
Erhart: I don'! have anything until after 12.
Conrad:
starti ng
access.
!.lark, whatrs the difference, the issues
on page 5. Yourve got them broken dovrn
and deficiencies
by intersection and
Mark Koegler: We had three really major categories there.Intersection, Access and then Road Capacity Connections and
Jurisdictional Continuity.
Conrad: In terms of road capacity and connections, on point 3 under
Pleasant Vier4r Road. What are they indications of that problem? Wheredid you get that information that there's capacity problems?
I'lark Koegler: ?hat really is from the previous plan. I have modifiedthe text to bring it up a little more to date. Irm sure you're awarethere was an effort at one time to upgrade that as a full collector
street. There was a perceived need in the overalL transportation of thecity for collector movement in that area. That politically was notfeasible and pretty weLl r,ra s finalized that that would never befeasibLe. I think that assumption prevails in this text and simplyreiterates from a design standpoint and from an application of thenormal standards, you rrould look for one in that area but given thegeography, given the political circumstances, it wonrt happen.
Conrad: Yourve described it right. The inadequancies of this routewill continue to intensify but jn my mind, it,s noE a solveable, as youjust said, it,s not a solveable problem so do we keep it there as a
Planning
February
Commission17, 1988 -
Meeting
Page 41
problem, even though it is, but it,s not solveable?
Mark Koegler: Thatrs correct. It is insolveable and I guess that falIs
back to you as to whether or not you feel that it should or shouldn't bethere. It is a situation that people in that part of the comrnunity aregoing to experience in the future, obviously. Whether or not that meansultimately there wiII be enough pressure to do some kind of improvementto that route or not, I don't think anybody knows. The assumption isnow, is that won't happen. Irve also seen really multiples last of theparcels development with the exception of the later stages of NearMountain as it laps around here to the west. The high end olresidential in there. But as the demographics continue to change andtherers continued increases, as the Metropolitan Council data shows,that the use of personal cars and the number of cars people have andeverything else, traffic on that route is going to continue to increase.It was just pointing to the obvious perhaps with no solution.
Ellson: what are you saying your problem is? To have it
therers no solution. I think it's j.mportanE to let it be
know itrs a deficiency. I think it would be an oversightit.
in here if
known that wenot to mention
conrad: what are you going to do about it?
Erhart: Light Rail Transit.
Conrad: It doesnrt go through that part of town.
Erhart: I guess the concept is, the light rail transit $rould takesignificant traffic off these major arterials and freeways. That the
existing system would be maintained tolerable.
Batzli: I think yourll have the same amount of traffic on pleasant View
whether or not you have light rail transit.
Emnrings: Theyrll aII be dr j.ving that r,ray to go to the station.
Conrad: My only point is, if you donrt have a solveable problem, why...
Ellson: TH 5, it runs parallel to that and I think as that improves.
People are taking Pleasant View sometimes just to avoid TH 5 in rushhour. I think maybe it rrould improve to a certain extent.
Batzli: I had a question, if we're done with tbis.
Conrad: I think we are. Itrs identified Properly.
Ellson: I know like a Problem having a solution.
conrad: wel1, there should be. Typically, idenEifying something
without a solution doesn't solve anything and herers a case, why put up
a fLag r.rhen there's really nothing to do for it because it's really beenpredetermined, based on a couple years ago on how we let some properties
Planning
February
Commissionr7, 1988 -
Meet i ng
Page 42
be subdivided. And the nej.ghbors don't want that anyway through thatarea but Irm just trying to make sure this is as clean as we can make itso we understand it when it comes back. I think werll Ieave it stand.
Batzli: I think your problem will be exaccerbated though by the factthat they are building more units on pleasant Vierr, at least at the eastend. r think the probLem will get worse before it gets better and theremay be a solution to some of the problems.
Conrad: It gets worse when they buiLd up the west end and they build ontop of the Mountain because thatrs $rhen the traffic builds and thetraffic doesn't vrant to go west to cR 17. rt wants to go east to TH 1orand that is the real guts of the issue there but werrl leav-, this stand.
Batzli: That gets me to my point and that !.s, when we're talking aboutjurisdictional continuity, r wourd have thought rH rgr was probabry theworse case of jurisdictionar continuity but it's not listed under thatcategory although it's elselrhere. Or don't I understand what yourretalking about by jurisdictional continuity?
Mark Koegler: No, I think thatrs a fair criticism. I thiok TH I0I isdiscussed so many times elsewhere is probably the reason I didnrtinclude it in that. Most of the other routel in t"r.s of jurisdictionarcontinuity is that they don't have any probrems with TH lgi. rn that atleast TH 5r the continuity that wetre speaking of, the problem occursonce you leave the Chanhassen borders. The same thing hrith CR 17.Yourve got good continuity withi.n the geographic area of chanhassen butwhen you cross into Excelsior, it farrs apart. North TH lgr, obviouslywe've got a different situat j.on because we've got only jurjsdictionwithin chanhassen borders. There,s no probreml That- cin certainly beadded.
Batzli: r was looking at it arong Ehe stretch north of Tgth street upto Tordn Line Road where itrs the border between chanhassen and EdenPrairie. I think the traffic load on that stretch of the road isincreasing and is getting more dangerous as we have these deveropmentslike Fox Hollow and all these othei ni.ce ones, where a lot of geopteagain to.avoid TH 5, are trying to get on to valley vie$, via e-ithir ouckLake_ Trail or going down to Vailey iiew and it's a-very dangerous,couple dangerous road situations rith there where itrs a pr6btem thatboth Eden Prairie and chanhassen are rearry experiencing it th" sam"time. I guess thatts ho$, I would look at it. -
Mark Koegler: What I would propose in light of that is to add somefairly brief commentary referencing again that it was discussed in otherareas of the plan.
BatzIi : Yes, you've discussed T-9 in depth .it on
fi.rstConrad: Anything eI se
somethi ng .
on the 12 pages? On page 13, Steve had
Planning
February
Commission17, 1988 -
Meeting
Page 43
Emmings: I'm not on the map. I Live inexhibit here that shows the city and aI1and our end of town isnrt on there Dave.
Chanhassen. We've got an
kinds of i.nformation about it
Mark Koegler: Let me explain that. First of all, Iet me offer a
comment on the maps. The maps that are in there, may exist in thatfinal form and they may ultimately be altered. Those are going to be
reviewed by Barb and determined $rhat she wants to have reworked and notreworked. That was not really the prime responsibility we had in termsof updating the plan itself. what we did in the transportati on section,just go through and include what vras appropriate because it's easier to
see how it all fits together. Some of those may be reworked. Thisparticular exhibit does not include the Minnewashta area because it's an
exerpt from the Broadened Study Area Report and that geographic area wasnot a part of their planning boundaries. So the subarea informationthat's been developed on the tract assignment zones has not been
developed to the degree of detail for the Minnewashta area that it has
been for the balance of the communi.ty.
Emmings: I don't know erhy vre r"rant to include something here that isthat incomplete and I donrt think this is purely parochial but maybe it
is. We got that problem on several of these maps. There's information
here and naturally when I'm reading thj.s, I look down to see how we fitinto the rest of the city and we're just not there. Maybe itrs not
important for the specific purpose but maybe just out of a sense offairness you ought to include it.
Dacy: As Mark referred to earlier, the traffic study that Benshoof did
had a specialized focus and werre just using that j nfor:nation to pluginto the transportation sect j.on. They did the computer modeling based
on the traffic trips coming out of those subzones. It wasnrt neant tocut off the western area.
Emmings: I suppose
Comprehensive Plan.
you could just call the document a semi-complete
Dacy: If we were to add the Lake Mj nnewashta area, we would
back to Benshoof and have them rechange all the calculations
that and factor that in.
go
Emmings: Why sras tha t
the rest of the entire a reacity?excl,uded in the first place if we're doing
Dacy: The basic reason r,rhy they esEabl.ished those boundaries was, and
actually they only even looked at from the TH 2I2 corridor. They looked
at the subareas in there just because it's rural, just to get a feel for
how many single family areas are in the southern part of Chan and Edenprairie-but aheir primary focus again, remember was the lH 2L2 corridor,
TH 101 and access into do$rntor{n. ?he area that they focused on in Chan
and Eden Prairie were the major generators of traffic that would go into
the downtown area. Granted, there is a significant popul,ation in and
around the Lake Minnerrashta ' area but they felt that from TH 41 on the
west to DeIl Road on the east, was going to give then a good feel for
have to
and add
PI ann i ng
E ebruary
Commission17, 1988 -
Meeting
Page 44
the traffic patterns in and out of that area.
Emmings3 The other thing is, if MeIike 3-T, they took at this and theexcluded from it, f don't know if tof all, the number of households, mup there that it doesnrt include th
Council is looking at this tabledon't know that part of the city ist gives a false impression. firstbe there ought to be a disctaimerentire city.
t
v
ha
ay
e
Dacy: That's a good point. Markrs got marked on here, source Benshoofand- Associates and yourre right, whai we should add on there is thetltre.ot the report. l.le t Council has seen the report. They,re aII toofamiriar with the report- so that's a good point. --w.-"tror'ii'.ru.iry initthis is not the entire city and obviorisry it goes into saen prairie.
Emmings: Therers a lot of exhibits and tabres in here that yourrl haveto do that on.
Dacy: yes, weother chapters
Erhart: 2L,intersecti.on
have a
as far
lot
AS
of work to do in the land usegraphics is concerned.
chapter and the
Conrad: Anything on page 14? 15? planned improvenents, page 16? 17?
Erhart: Mark, you left out the intersection on the proposed TH 212 andcR 17 on the map arthough you do show it rater on. i'm-not suggestingthat somehow it's not on the p.r.an anrrmore. r want to enphasiz6-myconcern about that because I thj.nk there,s going to be a 1ot of pressureto eliminate that inrersecrion if this ttini tois -ioi*"ia. -lry concernis, if we eriminate it, then we will not be able Eo restrict access on
T.H 191 into Ehe ci t.y as automobire onry on the bourevard. we wilr havethe trucks going to the industriar paift going r; ;;;'uoui.u".o into thecity and into the industrial park. rt's imp6rtint to maintain, since-i!rs on the plan I think we nEed to make sure we keep it on the plan sothat access becomes the industrial park;s access from TH 2L2.
I'{ark Koegler: We can certainlthe recommended systein map andon this one as weII.
Erhart: Yes, you
shown.
Conrad: Page t8? 19 ox 20? 2:_?
if you extend CR 17There I think you
Conrad: page 22? 23? 24? 25_2G? 27_2g?
Batzli: I have a question on 28.intersection around TH 5 and TH lottalking about here on this page?
y add that. As you referenced, it is onfor the sake of continuity, it should be
do show it later on, I think on your map g_T it is
again
on the
h ere
map
down
ha ve
We saw what I
earl ier. Is
Conrad: The next page, 29 is that.
and shor,, thatthe street connection.
think was a proposedthat the one i{e t re
Batzl,i:
Erhart:
But this is different.
Yes, I had a comment too.
Dacy: Right. Itrs the same location and same intersection. Itrsmore refined study of the exhibit l3-T. To be frank, it is apreliminary design. Itts a best guess by the City right now but wehavenrt gotten approval from MnDot yet.
Emmings: This one looks a Lot better.
a
on, I just don't rrant
reviewed by MnDot and
Emmings: Coulalnrt we get rid of it? Couldnrt rre get it out of there
and put this other one in in itrs place?
Dacy: Again, if it's labeled as conceptual and so
to lock the city into a design when it hasn't been
that's just for use for planning purposes.
Emmings: But we aII like that one and we all hate this one. why dontt
i.re call that one our conceptual diagram? Everybody has always hated
this one. Itrs sort of like the twisted buiJ.ding downtown Barbara.
Dacy: Okay, vre can work up a revised graphic.
Mark Koegler: The text will have to be modified
there are some subtle differences obviously when
railroad crossing at angles and things.
Dacy: I keep coming back to that, if we put
there, even though it has the preference of
MnDot might come back with something eIse.
have to cover our tracks.
too
you
to ref Iect
talk about
because
the
something like that rn
the City, the railroad
So srer re really going t
and
o
Emmings: Isnrt that true anyway?
Dacy: I just have a little concern about that and werll lrork it out and
we'11 revise the graph.
Conrad: I donrt understand. The packet tonight of the church, my
understanding that the one Mark had in was always the one we were flying
with but that's not the case?
Dacy: It is the same intersect j.on. It was always qualified in the
Benshoof Report as a conceptual- idea trying to Iink TH 101 from the
north down to Lake Drive East. The plan in the packet was a refinement
done by BRw for preliminary eng j.neering standpoint. Done specifically
for the church, as a matter of fact and to give us a beginning point
Planning Commission Meeting
Eebruary 17, 1988 - Page 45
Dacy: The purpose of 13-T is to illustrate concepts whereas the graphicthat r,ra s included in the site plan report, really got down to thegeometrics. Turn lanes and so on. I would prefer that maybe we qualifythis graphic by saying, conceptual or whatever but...
PI ann i n9
February
Commissionr7, 1988 -
from that. I don't
sure that $re r re not
Meeti ng
Page 46
thi. nk there ' s an
binding.
issue here. I just want to make
Conrad:
the two?
Other than smoothing some things out, are there any changes in
Erhart: Yes, Lake Drive East now is connected to Hidden Court.
Dacy: The changes that have occurred would be that oninto Lake Drive East over to Dakota Avenue, therers notin there. We have shifted the road over to the west ofintersection. I agree, everybody is pleased with that.disputing that.
13-T, the leg
that curvature
the
I rm not
Erhart: The same consultant did
Dacy3 No. BRW did the refinedcan change it.
both ri ght?
drawing that was in the site plan. We
Conrad: Is that the only change that you did in terms of the
Olsen: Therets a different intersectioo into Lake Drive EastTH IO1.
Conrad: I'm looking at the north side, not the south.
Dacy! On the north side, it,s a straightar intersection fromYou donrt need the curves.
two ?
going to
TH l0l in.
Conrad: I thought that this planthe railroad and it still does.
required so much interaction between
Emmings: I suppose the trouble wjthcrossings instead of one.
the new one is we've really got tvro
Conrad: That's right.
Dacy: Supposedry the railroad, initially at reast, has been agreeabreto that. Again, we can change the graphics to be,t"t yo, see on thesite plan.
Conrad: Itrs got to be, what are vre presentiog in here?
Dacy: The number one issue is vrhether or not r^re should have anintersect.ion at that point in the first prace. -T;;a;;-s;i.,! to ue ttrebig issue frorn chanhassen Estates and McDonards and eveiybo6y etse.lghen Benshoof did this,it was just to irrustrate that it'couio work andit could get the north/south v6lumes out of downtolrn and onto a newTH 101 arignment - Th: BRw graphic. does probabry a much better job ofthat from a traffic standpoinE. There's going to-niu. -to-t"
ufeasibility study conducted. and approved by the councir to determine theexact alignnent of that which wirl be reviewed by MnDot and approved bythe railroad, etc.. That's why I,m saying, what-ever $re shord, this has
Planning
Eebruary
Commission17, 1988 -
Meeting
Page 47
to be labeled conceptual.
connections here.
That werre just talking ideas about makj.ng
Batzli: I guess if we have arather present the one. . .
choice of $rhat concept to presenE, f'd
Conrad: The one that's been refined. yes. That's a lot better thanthe one werve been flying with but that's brand new information to me.The one werve been flying with from Benshoof has been there simplybecause, at least on the north side. I donrt see a problem with thesouth side but the north side was the railroad crossings and we had tohave it that way because we spent all that time, and apparently all that
money, to design this incorporating the concern with the raiiroad ancl
nov, aII of a sudden werve changed the north. I don't know that thoseproblems have been addressed. I don,t knov, what kind of concept wervejust presented even though itrs a lot cleaner. It.s a better Iookingthing but it may not be real.
Mark Koegler: The important thing to convey in the Comprehensive plan
is the fact that these tgro intersections really are the same becausewhat theyrre doing is we're taking the TH I01 traffic, as Barb said, outof the downtown area and relocating a new intersection point. That'sthe key item. Then you get beyond that, you get into the level ofdesign detail and how do you handle the cross street connections andthere are probably other alternatives that we missed that may be equallyas viable too. As far as Lhe Comp pl-an goes, the planning Commission's-normal interest in the 'rbig spectrum of planning',. the important. thingis that werre looking at deemphasiziog the existing inEersection, two of
them actually, at Dakota and TH 10I with TH 5 and emphasizing a new onethat's kind of midway between the two. You can do that with a muchsimplier graphic than either of these just showing a movement line
sweeping through with the appropriate text. whether you focus on one ofthese and label it heavily that itrs a concept only, I don't real.lythink therers a lot of difference as tong as the key thing that you
imply to any reader is that we're looking at this movement. Veryspecific graphics like this tend to focus interest at a public hearing.
That may be an item on this comprehensive plan, as you hold the public
hearings, that may be a target. Why do we have Lake Drive East comingin this way? Why do you have this and why do you have that? That's not
really the focus of the Comp PIan.
Emmings: Wouldn't
Mar k?
they ask those same questions about this other one
Mark Koegler: They could, yes.
Emmings: So it doesn I t
get the same questions.
matter whj.ch one we have in here, we're going to
Conrad: Barb and Mark, if you can, I think we all like the nevrerversion and Barbara, I understand yourre concerned with presenting
something that hasnrt gone through all the rules and reviews yet.
you trro can come up $rith something that is presented for the plan
If
tha t
Plann i ng
Eebruary
Commission17, 1,988 -
Meet i ng
Page 48
kind of is drifting towards the new one, f think !,re'd all like that.Irll let you work that out.
Emmings: I would say too, if you think therers good reasons to leavethis one in here, I vJouldn,t beif that one is ilra$rn in a littletoo detailed, maybe you want toabstract fashion.
uncomfortable with that either. Maybe
more abstract way. If you think itrsjust have it drawn in a little rnore
Conrad: It looks like the south part is real. That seems like itshoulil happen and I think that should be incorporated so if -,re stickwith the current Exhibit 13-T, I think we should make thosemodifications. The north side bothers me because I don,t know thatrderve got something real there that is going to change or is actual butIr11 let you folks figure out how you want to treat the north part ofthe map. Pages 31-32? 33-34? 35-35? 37-39? 19-46?
Emmings. On 49, I eras interested in this part on airports since I liveon Lake Minnewashta and we do have a very little airport out there onthe lake. I became concerned Iast summer when there was this accidentup north somewhere where some guy crashed his plane and some people gothurt. I think actually on Lake Minnewashta, it's really decreased a lotduring the time I've been living there. We used to have 4 or 5 planesparked on the lake all suruner and planes coming and going. Now i thinkthere are I or 2.
Headla: One at the south end pernanently. I think that's it.
Erunings: When Leech's was therer there was always a couple in there. 2or 3 and now there aren't any so r think the use has rearry gone down.But Irm wondering, especially when you think about the pubLic accessthat they put in there, r thought if the lake use increasec very much itcould be a conflict but it's amazing hor.r. when r first saw theie werepl,anes on there, r thought this was a terribly dangerous thing but theuse seems to get along pretty well. It seems to work.
Headla: I donrt understand why they get along so good but they do.
Bnnings: Thete always seems tono problem. You'd think even askier shooting across in front
and I donrt know why.
of room for them to land
down would maybe have abig problem and it just
be plenty
guy coming
and cause a
and
waterisnrt
Conrad: When
organized and
Emmings: Who?
come in here and
concerned.
they
very talk to us, they seem to be well
conrad: There's an association of forks who witl come and talk to usoccasionally when. they think we're changing the lake surface ordinanceat all- They're in. They seem rather lesfonsibte. what is that blackIine through Minnewashta? is that the landing strip? Is that afloating landing strip with lights that come up?
PIann ing
Eebruary
Comrn i ss ion17, 1988 -
Mark Koegler:
intent was to
Mark Koegler:
c i t:l ng a neednorth.
Meet ing
Page 49
No. Again, that'sindicate that those
Irve seen, probably
and everything Irve
a recycled referencedare the two bodies of
some of
is
map. The only
wa ter .
Batzli: Irve heard periodic rumor and inneundo that they're talking
about eventually having to build a ne!, metropolitan airport. Do you
know if the plans for that would be south, $rest, east or north of thecities?
Conrad: Page 42. tight Rail Transit.
anything in that section. We said, if
have to get there someholr.
the same articles you have,
referencing that it will be
Mark Koegler:
regards?
What are your thoughts anal interest I guess in that
Conrad: Theyr re very personal. I realty believe in a light rail
transit system. I don't know if this is a section where vre state
commj.tment. Itts a personal commitment. I think it's necessary and it
certainly looks to me tike the north route is the most beneficial to
Chanhassen. You kind of say that here. r just bring it up as a point
of do we vrant to say anything in the Comprehensive Plan that we support?
I'm saying that because of the little that Irve read, I don't kno$, if we
want to be more powerful in supporting that or what we want to do.
Mark Koegler: Your in kind of a unique Position, different position if
you will, from somebody like Minnetonka or somebody that has the line
running through the community which will have more of a land use than
transportation concerns d j.rectly. Park and ride stations and so forth.
Chanhassen is a little bit more j.nsulated from that just because of the
fact that the norEhern alignment just barely runs through the City. The
southern alignmenE is totally in the rural service area. Any direction
that you think is approPriate there, we can certainly buiLd the language
into the plan. Irm sure that certainly Hennepin County would be very
happy to iee all the language we would want to put in there in support
of Iight rail. Carver County is setting up a light rail program now.
What do You want to say?
Conrad: I guess I'd like to just make somehow a stronger statement that
Chanhassen suPports the use of light rai1. I guess I don't know enough
about the two alternati.ves, even though j.t sure aPpears that a northern
one is better but maybe we don't need to get into selecting the route
other than saying that from the standpoint of Chanhassen's growth and
it's ability lo access the metropoli.tan area, that we strongly support
light rail transit and somehow want to be J.ncorporated into the thi.nking
of the planners that may put this system in. I assume that there's
absolutily nothing we do, I can't thj.nk of how we would link up to the
system. We don't need park and ride. It's there. It goes through
Excelsior. You drive over so therers nothing that we have to
Mark, we really haven't saidit reaches us, we're going to
Planning
Febr uary
Commission
I7, I988 -
Meeting
Page 50
;E, my Ia stthink of
of it isor whatever
Conrad: In terms of how r.re plan for other than supporting
comment, is there anything we should be doing and I can'tanything other than saying we like it. To Eake advantaqesimply getting in our iar-and driving over io tnJ-;Uii6;and hopefully therers enough parking places.
Erhart: r think it is a politic thing. The fact that we wirr have iton our Comp PIan and we support it, I'Il bet you'Il see that in theMinneapolis paper. Hennep-i-n County hrill use that. tney;fi use that inthe arguments dor,rn in.the meetings theyrre having right iow thatChanhassen is supporting it because Exielsior is-goiig to iignt it.
Batzli: The people along where the track will go do not want. it.
Conrad:
it, they
Nobody wants it
do not want it.
where, anybody who touches it or is close to
Erhart: I think vre ought to support it.
Batzli: r think there is an element here that we do have input on andtlrat:: the Iast paragraph where werre talking about, how-do--we geE tothe right rair transit. whether that means ihat the bus system of thisarea needs to be improved because I don't think they're going to U.enough spots at a park and ride for everyboay to pair. 6o lfiut *"i.r",whether. they're going. to have off_site plrking falitities ,ith bo"",connecting to the right rair transit or- Eryin; to improve bus service,which r think has been a totar disaster in'tir6 rnetio'poiilui-..". ..r".since I can remember. Tlr"l:,s goiog to need to be m;re pfanning inregards to how do you Set !!? people to these stations Ulcause that willhave a major impact on traffic- fr6w if these things ii.-put-i"
"nopeople start patroni zing them.
Ellson: So how do you say something likewill ing to. . .
that Brian? That we'd be
at
Batzri: r donrt want to say that we're going to pave chanhassen as aparking rot for right rair transit but r'm just siying *".i. tookingrhis plan, I think, lre,!e looking aE it us If rhe p;;;.;E liarriccongestion is going ro be rhere and rhis is where ;ii-a;; iiartic isbecause. everybody is commuting oo TH 5 and TH 2r2;;; *ii-ies. rn zgyears, if light rail transit goes in, you might be aUfe to get on fH 2t2
anticipate. Our railroad track wonrt link up to it. I canrt think ofanything that rre can do as a community that wourd say we should connectup somehow or do sonething different.
Erhart: I guess Ird tike to see a statement in support of it. I thinkwe have nothing to lose and everything to gain in iiis city. I thinkthe rear beneift is that it is an alternative to the growing tafficarready on our congested TH 5 and TH 2L2. The southein .ooie hrourd bean arternative to \H 2L2. That's erhy chaska is so interested in it andof course, the northern route wourd be an alternative for TH 7 and TH 5.I think r,re ought to support it.
PJ. ann i ng
February
Commission
I7, 1988 -
Meet i ng
Page 5I
and go 70 mph and never see another car.everything itrs cracked up to be. Thenof like that 00 on the roulette wheel .
knows what's going to happen.
If l ight rail transitagain, maybe no. ThisThis is a variable that
IS
is kind
nobody
Dacy: As Mark mentioned, carver county has formed their rair authority.As a matter of fact, I think they have their first meeting next week.Thatrs an issue. Vlho's going to maintain and whors going to build thepark and ride sites so maybe you could put in language slating that theCity feels that park and ride sites should be locited appropriately ashrell as corridors to make sure there is good access. Or whatever youwant to say in that sre need to work with Carver County on that issie.But then again, Carver County is sayj.ng that they're not ).ooking atIight rail into Chanhassen until after the year 1666. Maybe we couldtry to come up with some more information. rtrs a tough one because who
knows where the money is going to come from.
Conrad: Maybe we should put some
Our Iight rail corridors.corridors on this map, on page 43.
Conrad: Mark, if you can weave the words in that say we stronglysupport it and if you can probably put in some very general terminologyin here speaking to. the Chanhassen need to consider itrs access pointi-and it's park and ride in conjunction trith light rail transit. It'sgoing to be kind of fluffy. I donrt know that you can be very specificon that but maybe if you can work a few sentences in.
Mark Koegler: I think the last paragraph begins to be a little fluffybut perhaps it doesntt have enough loft.
Conrad: 43 and 44? 45 and 45? Anything else?
Ernmings: I wonder if we have him put in there that we strongly supportlight rail. I wonder, does everyone in Chanhassen support light rail?
Conrad: I don't know. I think we support better access to Chanhassen.
EIlson: Any alternative to
Headla: I hras going to bring that up.
statement at aIl-.
Conrad: Your re right Dave.
maybe we woul,d be concerned.
TH 5.
Toa
Irm not sure that's an accurate
degree, if we knew all- the facts,
aIl the
the
wha t
Erhart: Don't we have a public hearing on this.
Conrad: City Council also has a reviev, of it and then werll seepeople who come in in droves when we do have the public hearing.Actually, there might be a change this year lrith the support ofpapers and we may have actually some interest from people seeingwe're doing.
Planning
February
Commission
17, 1988 -
Meeting
Page 52
METROPOLITAN COUNCIL SEWER POLICY PLAN.
Conrad: Barbara, do you need anything from us on this?
Dacy: Does anybody have a strong position on any of the commens that Itried to summarize. I know it was fairly long and if you didnit get a
chance to read it, I can understand.
Erhart: I read it. I was hoping yourd have a communist representative
from the Central Committee here tonight. I was hoping we'il have arepresentative of the Met CounciL. We have not had one since Irve beenon the Planning Commission and I would look forward to that sometime.I'd sure like to better understand their authority.
Conrad: What do you find in this thing?
Erhart: I had a fehr questions about some of the issues. As long as Ican't pick on anybody.
Conrad: Itts sort of Iike
review this stuff?God, Mother and the FIag isn't it, when you
Erhart: Timing and sizing of the metropolitan sewer
based on population, housing and planning forecastsCouncil. Doesn't that strike you as. . .
serv ice
p repa r ed
Dacy: Especially when they're forecasts are already below
already exceeded our I99g projections. And t.hat continues
concern.
wi 11 beby the
us
to
and we've
be our
Emmings: I{hen you bring that Eo their attention, how do they respond?
Dacy: They respond to it by saying, and this is true, that the Cityreports it's annual building permit activity to the census bureau andthe Met Council and they supposedly keep track. They said they vrillupdate their information on a regular basis. They indi.cated tlat thatrsdone every 5 years or if a community wants to object to the annualpopulation estimate that it does, it will consider that. Werreconcerned though that the popuration gets turned into a sewer arrocationand you canrt go beyond it. werre not necessarily saying that r.re wantmore people here. We want more people here. It's happening with orwithout our help and we just want to make sure that we have enoughcapcity sewer and transportation wise to provide for those that are
coming.
Emmings: So you just have to kind of keep hammering on them? Keepconfronting them 'rri th reality.
Dacy: Right. vlhata special census intheir calculations.
Eden Prairie
the 19 84 and
they went to Ehe
and that worked.
extent of tak j. ng
They rev i sed
did,
I985
Erhart: Do you find them flexible at atL?
Planning
February
Commission
I7, 1988 -
Meeting
Page 53
Dacy: You deal with a couple of staff people. It depends. Inchanhassen, as opposed to Eden prairie, weire talking about a differencebetween 4,ogg and 5,000.peopre. That may or may not be a big differenceas compared to Eden prairie where theyr re talking 5,9A0 Eo lA,gggpeople. We just wanL to make sure that the sewei capacity is there.
Erhart: A question Dave, you were on the downtown Community Center andyou selected the downtown because of the existing buildings and soforth. Given you didnrt have that building, what would have been thesecond choice of location? There are a Iot of editorials abcut nothaving it downtown. What would be the second choice site location ifthat existing building wasnrt there?
Headla: I think the general
at Lake Ann but we didnrt see
Erhart: Why?
Headla: We didn't own enoughthird of a mile with sewer and
Erhart: Is that outside of the
consensus vras
how we cou ld
kind of
it.
vre
do
wanted to put it
of Powers
one...
land and we'd have tor.rater. It was quite
MUSA Iine?
Blvd.. If you donrt
go half a mile,a bit of money.
Headla: Coning off
think that r^ras the
Erhart: But thatts
Headla: On the ea st
Dacy: The Ecka nka r
outside.
consider dor,rntown, I
outside the MUSA line isn't it?
side of Lake Ann is outsiile the MUSA line?
property is within it. The Lake Ann property is
Headla: So thatrs the Iand we e/ould have to
looked at just south and west of here. That
And we looked just north of the bu j-lding and
availabIe.
buy to get it. And we
land I s quite expensive.
we didnrt see any space
Erhart: I guess what Irm getting to on this MetropoLitan Council, I kid
about being communistic but I think this is the real !'rorld. If it gets
defeated, and I have no idea what the polls are or anyth j.ng, but I thinkit's going to be because of location and then the question js, is the
committee going to have enough energy to go back and plan another site
and try to put together the plans and so forth. And these guys are
restricting us from someth ing that makes sense because I agree with you.
l think the best site is the Lake Ann Park facility.
Headla: I think it would give us an overall better recreational
complex.
Pl ann i ng
Bebr uary
Commission17, 1988 -
Conrad: Anythi ng
Guide Amendment?
County tumber vs.
Meeti ng
Page 54
else about the waterIn the packet Barbarathe City of Shakopee.
Management Development
a note about Sco tt
mark.
mark
They have taken
nobody else
Reso ur ce
sent us
Headla: How would you like to be that City Appraiser? Did he get hishands caught in the cookie jar.
Conrad: Th9 only clarification in your note Barbara, it says you canrtdeny a conditionar use permit unlesi therers an adverse imp;ct but alsoif it doesnrt meet the standards that you,ve arready pre-eitabrished fora conditionar use permi.t. rn other words, if you've got standards setup and they donit meet those standards, you can rejecf anything youwant. when the standards arenrt there. then it becones touch and thatrswhen you go back to the health, safety and werfare but as rong as whenyou establish a conditional use process, if you donrt havepre-estabrished conditions, then yourre open. r buy r.rhat this note saysbut' r also want to make sure that. everytime we thinl about requiring a-conditional use, that werre thinking oi whaE those conditions -are tfiat
we vrant met. If we donrt have those conditions, then we're probably notrearly monitoring much at all because the conditional use permit wirr gothrough because-we don't have anything Eo measure it againit. In the -
city council update r m real intrigu6d in the first oie. The i{etrandalteration permit for Eric Rivkin. The city made the decision or in the$retrand permitting process, r guess r was not aware that our ordinancedoesnrt supersede DNR jursidiclion. Why doesn't it do that?
Olsen: Because of a State Statutue that specifically gives
DNR jurisdiction on public waters for dredgJ.ng. Theie have been courtcases.
Conrad: For dredging.
Olsen: For dredging. We could still regulate docks.
Batzli: But it only regulates it below the ordinary high water
conrad: Because most wetrands are below the ordi.nary high eraterand most docks are above...
Emmings: Itts preempted. Itrs just Iike the antennas.the area anal they said, wetre going to regulate this andcan.
olsen: werre going to be meeting with the DNR just to see how theywould feel if we wourd try to amend it to give irs jurisdiction.
Conrad: Why canrt we be more restrictive than the State?
Olsen: It's just the way it's written in the law.
the Watershed Di str ictwaters. We're Iooking
does
into
Olsen: I believe the County andjurisdiction...within the pubJ.icdoing that hrith the City.
have
possibly
CITY OF
THINHISSEN
690 COULTER DRIVE . P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317
(612) 937-1900
MEMORANDUIT{
TOs Planning
FROM: Barbara
DATE: February
SUBJ : Downtor,tn
BACKGROUND
Commi ss ion
Dacy, City Planne
3
Given these three events,
munity signage as well as
staff initsiateal a closer
analyzing signage in the
. . z/ 23a/ "fE ':e '':
-*31t./-Zi - -
Iook at com-
down tor^rn area -
25, 1988
Signage Concepts
in response to the request bY the
install a large directional sign at
TH 5 and TH I0l discussed the viabi-
signage into Chanhassen and into the
when
s igns
1. As the Commission is aware, the downtor,rn redevelopment pro-
ject includes installation of public improvements such as
sewer, water, storm sewer and street improvements. A criti-
ca1 part of the street improvement project i.ras the aesthetic
element. One of the objectives of the city was to intprove
Chanhassen's visual image, i.e. removing overhead power lines
along West 78th Street and Great Plains Boulevaral, creating
areas for median trees and boulevard trees and creating a
consistent form of tighting materials, both street and
pedestrian oriented. Another critical eLement of the aesthe-
tic issue are signs, their number, their size and where they
should be located.
2 The Planning Commission
Chamber of Comrnerce to
the northeast corner of
Iity of creating entry
downto$rn area -
The Planning Commission also discussed area signage
Iocal developers submitsted requests for off-premise
providing direction to major subdivisions.
This item is brought to the Commission's attention as a result of
a series of events occurring over the last Ewo years. The events
are as follows:
Planning
February
Page 2
Commission
25, 1988
ANALYS I S
1 In ord.er to achieve the objective of a clean and amenablestreetscape appearance along West 78th Street, West ?9thStreet and Great Plains Boulevard, it appeared logical torestrict the number of signs and to timil tneir l6cation t.ocertain key areas. This idea developed into the creation of"district" signs that woulCl give ident.ification to a generalarea in the alorrrntown. For example, signage would be iocatedin the northeast corner of Laredo and wesi Tgth Street. Thissign would identify the tChanhassen Square', development onthe north side of west 78th Street (pieviously knoin asRetail West). While there would be io advertising or busi_ness name on the district sign, it would help focus attentionto the commercial development. This would be supplemented byattractive and consistent wal1 signage to be per;itted on theproposed buildings.
Another example would be a sign that would be located at theentrance north of west Tgth street between the old chanhassenState Bank and the new bank. This sign would give iden_tification to the municipal and goveriment offices (CityHaI1, Post Office, elementary school , fire station and tityCenter Park). Other districl signs cou.Ld also be crearetl indidentifiers named after the particular type of development inwhich t.hey are located
The creaeion of disirict signs in the downtown area meanseliminating t.he ability of indivitlual property ohrners to haveindividual pylon signs. tfris wilI be -controversial; however,if adequate.wall signage is permitted and if distiict ;i;;;are attractive and larEe enough to focus motorists atteniion,the overall result can tead t6 ttre objective "f h;"i;;-;;---uncluLtered streetscape.
Coupled with the district sign approach would be theconstruction of "entrance monuments". This sign was at thecenter of past discussions during recenL Commiision meet.in;s,i.e. the abiliry to direct mororisrs off i;y:-a-;;; l;i;-it;
9::l!::l uf"u:. proposed are entrance monumenrs welcomingmotorists to Chanhassen to be located at the connection 6fMarket Boulevard to TH 5, the southeast corner of KerberBoulevard and West TBth Street, the east side of TH 10i justnorth of the railroad tracks (near the Klingelhutz offic6---building), and two future locations at TH 5 and TH IOI (whenthe Chamber sign is removed) and along West Zgth Street nearthe new intersection on TH 101 and TH 5.
2
Planni ng
Fe b rua ry
Page 3
Commission25, 1988
Should the city pursue the concept of constructing districtsigns at designated locations in the downtown area as wellconstructing entrance monuments at strategic entrances intothe city?
REQU-ESTEq_ACTION
The ComIIlission should discuss these concepts and determine thefollowing:
I
AS
2 Should this concept be expanded into other commercialdistricts and not limited solely to the downtown redevelop-
ment area?
It is staff's recommendation that the Planning Commission
seriously consider the district signage and entry monument con-cepts for downtown Chanhassen. Ule strongly believe it is a cri-tical component of the overall appearance of the redeveloped
downt.own.
Jim Lasher from BRw will be at the meeting to help ia staffrs
presentsaEion on this issue. we did not ask BRw to prepare speci-
fic types of signs recognizing that the Commissionrs sole motive
for this evening is to decide r,rhether or not tshe signage concept
itself should be pursued any further. The attached graphics pro-
vide a preliminary look at where district signs would be located
and also provide a street level perspective. If the Planning
Commission acts affirmatively on Ehese concepts, the city would
contact the Chamber of Commerce for their input prior to any type
of ordinance revision or evaluation.
ATTACHMENTS
Proposed locations of District and Entry monument signs.
Perspective drawings.
City Council minutes dated January 12, L987.
Planning Commission minutes dated December 10, 1986.
Planning Commission minutes dated November 19, 1986.
Planning Commission minutes dated November 5, 1986.
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DISTHICT IDENTIFICATION PYLON
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is tlrat it be a Phase r project. r would like to deiets -i:3t :erm and glt noconstraints on this comrnittee.* !h"V have to hurr1, -.:p aiE gret -,::" jJ ao.,ejust so $re can get something in. the grouni. I do rst -::siier -jis a phase rproject. ,It will be done when the commi ttee is read.- to =ake their ieport ardit shouldnrt be carved out. The fi-rst thing that we co i:r ure reaevel-ignentof our downto$rn, if the gror4r decides Ehat it should be .:lacea in tie
dor.rnto$rn, so tlnt Urere is l-anguage to that effect in U:is eoc,.rnent Jo f woutOlike to, with that urderstarding, suggest that it not be 3 phase Iconsideration.
Brad Johnson: r think r agree erith Dale and crark aDout t}re location. rguess our concern is primarily that we put it in the cowntown ..* G"rr""there was already space downtolrn for a center which we rearize is stili ttrereard that's ttE only reason why we prrt it there. The uE!e!E!, tfrat we
-fave
ontiming is simply ttnt we.rill begin planning of that whore ilock ui", tti"summer. we would just like to have an inlication of \dhether lt wiii be tnereor not ard we can plan arourd that. I think the same -ooes for the localtraffic. A lot of things that will happen in the downio,r-n area in tfe-ptanning process, we wirr rEed to kno!, about that tine i+ that sitels a gooalsite or not but other than that r agree. r think we slpuld rok ai au sitesand decide where the best p-Lace is ard I appreciate what lrourve aone.-- ft,sexactly what werre lookirg for.
Courc i lman Johnson: Do we need a motion to establish a e:nmunity cEnter
advisory comm ittee? we assigned Biu to it but we h3venrt had a motion yet to
make ttre comm ittee so r rdould like to make a motion tc cleata the clmmitteethat we just assigned BilI to in terms of what Dale arxi Ciark have };talking about. It.is a City wide search and review cf -je feasibiliiy ofhaving this conmunitY center.
councirman Johnson moved, Mayor Hamilton seconded to est:-biish a conrnunity
Center Task Force. AII voted in favor ard motion carrie<i.
creg: Ttris is a minor problem but I think if you have ..:ree people at large,I think just as my otin comments as a member of the Ca\ or othlrs, there aresenior organizations, there are. probably more spots to rd<e up the comm ittee.you,re probably talkirg about five outside people th3t *o.:id fove greatinterest in different things.
Mayor Hamirton: r'm not sure if you get a lErson from e...=ry interest group onthere, I think the larger the committee the more difficult it i" to o"ian!&hing accomprished so -if. -you bring those people in an :dvisory cailcity andask for their opinions ard ideas is prcicaby the best .ray :c hanarl some of theothers at least from my standpoint.
Don Ashworth: Did that incLde authorization for Staff tc advertise?
l,layor Hamilton: Yes.
DISCUSSION OE CIIAMBER SIGN PROPOSAL.
City Courci I lGeting - January 12, 1987
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TMayor Hamilton: Gary Brown who is president of the chamcer is here with us
ttrfittfl,tf,Hs
L37
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City Courrci I l,teeting - January T2, L98i
ard I guess I would just like to preface any remarks that cary might vrant to
add just to say that the Chamber tlEt Irve been active in for quite a few
years has worked on this sign for maybe four years now ard I was a little
disturbed when they went to the Planning Commission to see some of the
comments, as Gary was, that were made about the sign. It isn't something that
has been hidden in tie closet for all tllese years. It has been brought up at
about every Chamber meeting for the last four years. I think they genuinely
need a sign ard I think they should have a sign and some of tlle clmments that
were made were being kird of futuristic to r.rhat is goirg to be happening totie City. I don't think they can predict that. We need to have a sign rtow to
help the Chamber ard most of all my biggest concern is that the City work with
the (hamber. After all ttre Ctnmber of @nmerce, the people erho are members of
the Chamber are the City. They are business people in the City to make things
happen here vrho play a major role in this City. Tro see the kind of things
that were said previously at the Planning Commission meeting I guess were.addressing the need, Iooked like an attempt to just knock them down r^rithoutgivirg a chanc.e to say anything or to have any respect for rrhat their wishes
vrere.
Counci lman Horn: I was disturbed vrhen I read the planning Commission Minutesalso. It occurred to me that there was quite a bit of confusion on the
Planning Commission's part between vrhat r.ras realJ-y happening and lrhat theactivities of the Chamber were ard the fact that there didnrt seem to be anycoordination with that and the BRw and wtnt they were doing downtown. I thinkthat BRW had spoken with Gary ard his group ard scnre of that confusion was...
Gary Brown: they got confused between what ere were trying to sell an idea on,the sigrn that vre wanted to put up, between that ard BRW ard they got suctr a
m.ix-up there that they didn't urderstand really which sign they were talkingabout at any one time. The guy from BRw did say that night that tre wanted Lo
come back ard talk to me later about this sign thing rrhich was the first tErtof November maybe ard he hasn't come back or answer& any of my calls yet so Iguess Irm not too excited about vraiting for him any longer.
Barbara Dacy: Mr. tasher was in EJro[E after that meetirg on December loth.
He was supposed to return January 7th.
@unci lman Horn: Is he the only one at BRW that can work on this? Don't tieydesignate scmeone else when they leave scnethirg hargirg like this?
Barbara Dacy: Actually, to be frank, Staff did not ask BRW to authorize thework funcEion until we had your approval ard this is part of the requesttonight. the direction from the planning Commission was mixed ana Staffdidn't rearry feer comfortable authorizing BRw to exlErd those furds until you
saw this proposal.
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councilman Horn: I think the concern tle planning commission had was valid inthat Ehere is such a vast difference between r.rhat the tr^ro signs r.rere in termsof architectural, ink, materials and everything erse that r 6an see how theyr*ould have a problqn tlying to get things to blerd together.T
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counci lman Geving: r think ttris is the kind of issue where we've got too manyplayers in the game. Werve got the Hm involved, we've got the BRW, CityCouncil, Gramber. It's the kind of issue where everybody is going to have anidea ard opinion about how best to do this ard my peisonir opinion is that weought to assign Barb Dacy to this project. Stre can work dirLtly with the(tanber. Ste can come back together with the City Council. we'1l make thedecision anil be done with it. I knou, that we have to respect everlfuody elseinvolved but we're not going to get this done if we get too many playeis stillin the game. I would like to Limit it to just ttre Ctrarnler ana Cily Oourci Iard be done with it ard have Barb act as our 9o between. Would you agree tothat Tom? Ttrat's the $ray I see this whole thing because we've been going o.,with this for two years norr. I think itrs been tvro years. I don't k-now
-how
many years but letrs get on with it and I think $re can do it ourselves withouthavirg to get too many outsiale interests involved ard I think whatever. I'mflexible arrl I think the Counci I is pretty flexible on these designs ard if we
can create ard get this job done ard get ttre signs up this spring.
Mayor H,amilton: When the BRW thing carne in was a total surprise to me. A11
the talkirg about signs with the Chamber has been going on ard everybody has
known about it who has had any interest in it and the Chamber has been wantingto put one up. Put up the darn sign. Thatrs a totally different sign thanthe one that BRW suddenly is talking about and got tlrown in there at the last
minute and I think there is another proposal now that is going to muddy the
vJaters even more and I don't think that has any effect on the Chanber sign and
thaE may be a better proposal than the ones we.ve seen here with the BRW signs
and that's down byRick }4:rray's office building. !le's agreed to perhaps
change his signage so that it says lGlccrne to C:hanhassen.
Ciary Bro$rn: thrs got a real good idea there. [et's not throw this into this
issue.
Mayor Hamilton: the sign that the Chamber tns proposed arrl is recommend ing is
a sign that is goirq to serve their plrposes. It,s modular arrl will tnve the
names of the compa.nies that need to be on there, that want to be on there ard
are willing to pay the $L,q06.qg or r,rhatever it is going to cost. Itts not a
cheap sign to put up. It's going to be a nice looking sign. The back isgoirg to say Welcane to Chanhassen.
C.ounci Iman Johnson: I do believe that tfie Planning Commission did get,
there was a lot of issues mixed in here. I think a lot of real good points
were brought up and I agree $rith a lot of stuff the Planning Commission did.
What I really like is towards the erd they got into sayirg, hey wait a
minute, you're asking for several years. Youtre not asking for the next 20
years that this will be tte sign arrl when I'm lookirg at 3 to 4 years, put a
time limit upon this sign a little vrays down the road so wetre not looking toput up the HRArs signs in the next 6 months or anythirq that I can teII. Itrs
a ways off as of yet. I like their idea of prtting this sign up ard
guaranteeirq them a lerqth of time for their investment ard using the sign to
add on signage to see hoe, effective is this sign and erhat can we do to make it
more effective, the locations ard stuff like that. It r.rould be worthr.rhi le to
the City for it's signing problems and I agree, Ietrs keep the other signs outof this at this point.
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City Council lr{eeting - January L2, LggT
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I Councilman Bolt: I thought the Planning Commission did a pretty good job ofidentifying some issues here ard one of tlem, you said it took a 3 yeai
IEriod, you estimated as a payback. If you ctould have the sign up for 3 years
you felt that was close to break even. I think that should figure in tl1eplan. I think it would be worth the Council discussirg because as the
Planning Commission mentions, they recommeni at the end that this is going to
cEme doi^rn to a City Council decision ard tley have pretty much said what ihey
had to say arrl recommended that it q:ickty move to us for a speedy resolution.I lrould like to see something done. I thought there was a lot of discussion
about the importance of having some consistercy with our sign ideas. I knowfrom what you've told me Mr. Mayor, youtve been at this for quite a while, ifa dlone carl or tvro here right now wouLd herp this, r think tlrat .rourd be timeI^ELl stEnt.
Gary Brovrn: I think what the planning Commission was saying and vrhat wetalked about too $ras the fact that r.rhatever tlpe of letters get used on thesign, everlMy uses the same thing and I donit tlrink anybody wiII haveproblems with that. If we're going to sperd that much on a aigrn, we want itto look nice.
Counci Lman Boyt: My other point that I thought was discussed pretty
thoroughly here was the business about a slor., down sign before they came toyour sign. something along the line that this is Granhassen. Remamber thatdiscussion?
e,ary Bror.rn 3 llo.
courcirman Boyt: rt's in here where [add conrad, whom r imagine has moreexperience than any of us sittiDg here on doing outdoor signi, said thatreading a sign was quite a charlenge. that you had mentioned 2a irrch letterswhich seem rather substantial to me untir co-nrad points out that lg irches isthe-minimum letter height that l,raeger,e wilr ac.ceft on their signs. A rittredifferent p.lrpose but maybe they face Ehe same kird of chalreng-e or triiricquickly going by. you arso mentioned that this might slow it 6own .oi.- tt u.,ere want so r think there is something to be said for a coordinated effortsignwise and I think you alr saia ttrlt at this December 10th meeting. My r.astpoint.is that you mentioned there might be some justification, or yJu ard tl.Planning commission talked about trre city,s involvernent in the cosi of thissign to accornplish what the City h,ants td do.
Gary Broern: Ihat uras simply because it was brought q) there to have Welcometo Chanhassen on it ard the slogan ard Maple teaf or whatever arrl I said ifthe city wish to partake in a piece of trrat sign we could probably take careof that but no, seeirg that BRw wants to put up- welcorne to chanhassen signswherever they may be, I guess you wouldn,i ,,e& m"t.
e'ouncilman Bo!.t: I think we're tar-kirg about r wourd rike to have sone sortof coordinated sign. f recognize thai you have a time constraint. I alsorecognize.that you are going to do someihing to work out as mudr as you can ofa compromise with this thing. rooking at i minimum of a 3 year rife on yoursign. ,r'm sugsesrirs thaE anorher ard, ard i ;diJ iix" L' x.", -"t.i"tr*
rest of the courci I thinks about this, it might be worth discussing is wourd
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City Council l4eeting - January 12, 1987
I ;ao
I City Courcil ueeting - January L2, 1987
there be a benefit to all concerned if the City got involved in part of this
sign?
Gary Brown: r.'ty personal feeling would be no. tetrs leave the City out of the
sign business. f-€trs have Chanhassen PoFrlation 6 AOA arl leave it at that.
The City has something to sell anl itrs the city. I don't think it is going
to tEy for thsn to be on a sigrn with the service station, restaurant ard bar.
Mayor tlamilton: I think it's really unfortunate that BRw got involved in this
thirg at all. That anythirg even came up about BR$l because the only thing you
should be consider ing is the sign tlEt rdas proposed by tie Chanber ard we
suddenly start saying that this sign has to be consistent with any sign that
BRw might do...they are unfamiliar with tl1e Chamber ard trying to have signs
that look alike. fhis sign is a sigrn that serves a gtrpose ard that is to
adyertise tlte businesses that in the dorrntown area ard give you some direction
as to where you go. It is takirg the place of ttp directional sign that $ras
on the northwest corner of the intersection of Ttl 10I arld TH 5 which really
nobody could read. The letters were so small, you couldntt see them ard by
the time you sav, the sign you were past the intersection to turn an)May so
that was a Chamber sign ard the reason...
Counci lman Geving: that eras a City sign. I'le paid $5,q9q.96.
Mayor Hamitton: It rras serving a Flrpose for the Chamber but this one, t e
$ranted to take that one down ard Exrt tttis one in it's place prior to tllat
intersection so people can see it before they tum off.
C,ary Brobrn: We realize it isn't perfect arxi mthing is going to be but let's
$:t the thing up ard then we know i.f we blow it, we know next time to try
sonething different.
Mayor Hamilton: There have been so many EEople involved in this thing. You
talked to the sign people ard if this is their recommendation. The Chamber
has Looked at it ard it seems to serve it's E:rpose. I'm going to recommend
approval of issuanc.e of the sign permit for the Chamber of Commerc'e without
conditions. these two things here, I and 2, they should probably be done but
not as a part of this issuance.
Mayor Hamilton moved, Councilman Horn seconded to authorize issuance of the
sign permit for Ehe Chamber of Commerce with City Council review in five
years. AII voted in favor except Councilman Boyt who oSposed and the motion
carried.
CourEi lman Bo).t: It $rould seem to me ttrat you're probably not going to E-tt
this sign in tte grourd over the next tr,p months.
Gary Brown: tihy?
crurEilman Bo],t: I r.rould suspect that the ground is going to freeze. Are you
goirg to go ahead ard Put it in?
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City Courcil Meeting - January L2, 1987
Gary Brown: I donrt want to take a chance on somebody com ing back in 6 weeks
frcrn now ard sayirg we're goirg to charge this so you can.t.
@unci Iman Bo].t: As it starrls no$r, unless r.re can get some sort of agreementto comnit to talking to BRW to at least get ttE letters ard the exterior oftte sign of clonmon material, I vote against this but if I can get that kind ofcqmiEnent. you've got my vote.
l4ayor Hamilton: the BRw should have rnthing to do with this.
Councilman Johnson: I canrt see how the BRW, at this point they tnve given us
some basic signs with one tyIE of rettering. r don,t think they have iearlylooked into the sign problern too nuch. I haven't fourd anythirg too wildabout their signage yet either. I personally agree with the ellnr.: rng
Commission vrhen they call the BRW signage Iike a subdivision signagel ItIooks like we coming into the Chanhassen subdivision, not the City-of
Chanhassen so Irm not too terribly inpressed with their sigrnge either.
I'layor Hamilton: I agree with you. I don't knov, if I've seen anything from
BRW.
@unci lman Johnson:
out of BRW.
I think it would really delay it to try and get something
I Gary Brorrn: ltle picture that )rcu're looking at doesn't really give you r.rhatitis made out of. I got to go alorg with you. It doesn't shoi you- whaty.ourre looking for but vrhy don't lrou Iet Barb and I run through what tl1e ttringis goirg to be made of ard present it back here at the next meeting ard eithei
s.1ye us the thunbs up ard ret's grt it in the grourd or ret's forg6t the wholethinS.
courci lman Geving: r don't think that was tlte motion. r tfiink the motionsaid go r,/i th this thirg. Work with our City Staff ard do it.
Gary Brown: Ihat,s better !Et.
Councilman Geving: That's the liay I read the motion.
Barbara Dacy: As proposed in there.
councilman Bo!.t: rt r.rourd help me if someone wourd read the motion because rdidn't get that.
Mayor llamilton: The motion. was, I moved to approve the issuance of a signpermit for the buirding of the chamber sigrn wiitrout corditions ,. a"pi"i.ahere on Attachment 3.
Don Ashworth: Is there a timing associated with this 3 years? 5 years?I0 years?
l,layor Hamilton: No.il
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1t1f-a6\,
City Courci I tteeting - January 12, 1987
Councilman Johnson: I rtrculd like to see 4-5 years put on it.
Mayor Hamilton: I guess Irm not concerned about that because as the tor.rn
gro$rs they are goirg to want to charge the sigrnge anway ard I think it isgoing to be one of ttrose ttrings thatrs going [o become aritomatically obsoleteard they are going to ei ther want to trltt a bigger one.
courrci lman Johnson: r wourd like to at reast guarantee them 3 years becauseif we come in 2 years ard say vre erant to change his sigrage then we have donea disservice to them.
Mayor Hamilton: ltrere's no time period on there so what I'm saying is they
cErn [x]t the sigrn up ard the growth of the town can dictate $rhen th€y want tochange. 'Ihey may come back in 2 years and say it's not big enough. we $rantto put in a bigger one. lhat would be great.
Cnry Brown: If we have to ke--p adding to it, it wiII be great for everylcody.
Councilman Boyt: I agree. We add to tte sign, so muc*r the better. I thinkthat this looks to me like an attractive sign. When we put it up I ttrink itis going Eo have impact on the rest of the signs that go up in Ctlanhassen so fdonrt take tlis lightly. If vrerre going to Ert other signs up that welcomepeople to Chanhassen, they are goirg to have to be consistent with what youput in the grourd already. I think it is conceivable that BRw vrould cone backwith a very acceptable sign that would not be consistent with this ard I think
we should have some sort of an opportunity to ask to have this sign removed inthe future ard maybe that's 3 years, maybe thatrs 5 years.
Mayor Hamilton: Pat, yourve always been very active in signage, do you have
any coments?
Pat Swenson: the only thing that I am bothered with is the one that Itve
always had is that I t ould certainly like to see conform ity. If you,re
thinking of investing a considerable amount of money, for Ehe Chamber,sbenefit as $reII as ttle Cityrs benefit, not to tEve thirgs that are goirg toqcnflict with each other. ltrat would be my own opinion. If in fact the
streetscape comes in witJ: something. I have no idea what ttre material is. I
donrt even know what we're t-alking about. I canrt say at this particular
time but if those of you who have seen it, itrs tasteful ard it looks like
something you would like the rest of Ehe street signs to look like, I would
have to leave that to your discretion. I would hate to put a sign q) that
would fit in with the streetscape that is being considered but having noE
seen it Tcm I canrt q)eak.
Don Ashworth: I just talked to Roger, I think the Ctramber is hapgy with atime limitation of 3, 4 or 5 years. Again, I would strongly recorunerd that.In 5 years they can come back, make a reappJ.ication and if you decide to
exterd it that's fine. If, in contrast though, they would desire to leave it
and the City Council rranted it down, you would have to pay to get it dorrn.
Just so you realize that. We would literally erd up condemning it ard pay ingfor it to have it removed if we did not Inrt a time limit on it.I
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City Courci I t4eeting - January L2, ]rgg7
Councilman Cevirg: rird of like a corditional use.
May-or tlan_ilton: r can grt in the motion for review in 5 years. r think thattould be fine.
counci Lnan Johnson: Gary, do you have any better drawings as of this datethen this sketclr that is a cor4>le nonths -old now.
I do. That one's been passed around and recopied so manyCiary Brown: yes,
times.
Pat Svr-enson: ,I!om, may I ask what ttre proposed color is of the ahmrinr:m andthe color of the lettering?
Ciary Bro$rn: lftri te ard black. I,ltri te backgrourd with black letters.
councilman Johnson: what about the back of the sign that is metal witi thewelcome to chanhassen on it? rs that going to be I piece of sheet meiar witrr!{eloene to Chanhassen in black letters -* it,i.t.Z
Ciary Brown: In the oriqinal. 9o arourd, the last time we had any discussionabout it,
-
it wa" broughi up about lighting the backside. |rakirg that a rexanback or plastic back, whatever, ana iighting that also.
il Councilman Johnson:
eastbourxl .
Because the backs important too for people going
Barbara Dacy: A final point. I founl out late Eriday afternoon t}lat youwill have to apply for a l,tnDot permit as well.
Mayor ltramilton: I think .thaE- having the approval of the City is going to bejust a matter of a formality for tmdot to ,jit.-..-
FrbaTa_. Dacy: Ihey have their supplement rules based on the FederalBeautification Acts for state Higih-ways ".n s" on. rt didn't .pp"", -to r" .problern when I talked to the guy-at furOot.
ESTABLISH SCHEDULE FOR ORDIIAI\CE CODIFICATION PR@ESS.
Courcilman Horn moved, Co-ul:_i lman ceving seconded to set the dates of January28, L98-7 anl February 2, tgg7 at 5:30 p.i. ..- woix"ession datqs for codifica_tion of the ordinance. AII voted in f.;;; lna'.otion carried.
COUI\EIL PRESET{TATIONS :
Mayor Flamilton: Jay Johnson \ren t to the meeting with the other communi tiesard the a ttached memo here telts what took placd. r guess your cpmmenE thatMarcy wilr be more effective in getting otnlr lletropolitan courcir men rers tovote in favor of items whictr r^rili help-Disrrict 14.- I thin[ -Ray -;.;;;;
A. NOMINATION EOR METROPOLITAN COTANIL DISTRICT 14 REPRESENTATIVE , COUI\EILMANJOHNSON.
I
2L
Planning
Decembe r
Comm i s s i on
tg. L986 -
Meeti ng
Page I0
{Enmings: yes, absolutely, I would separate them.
Conrad: You take away all the grass I suppose.
Jim Lasher: That's the probrem. we're running into like a lg foot maximumspace that we have no$, and that's not a rot of space to put in trees. Nowif we take 5 of that away, we,ve got 4. It doesn't ki 11 it but it just
changes the whole aspect of this thing. That's not in the designdevelopment. If indeed you want to pursue that avenue, t{e may iave tochange the median and road design.
Conrad: I think the greenery on the street though is real important. Ithink that is priority. people traffic is second. Walking pedestriantraf f i.c is second priority and r would erant to see ways foi bicyclist toget into town. r'm not terribly concerned about hor., ihey move throughtoutthe the tovrn as long as there are bike racks so they can park their tikes.Theyrre not going to be biking from store to store. They may be walking soif you can get them, and I don,t think it's in your design, but if we canget the bicycl i st into town, then I think the bi keways is not a priorityfor them.
Jim Lasher: It just kind of takes care of itself and I just hope that itdoesnrt happen that we would go through and construct a nice bikepath anddo some compromising in plantings and then have everyone use the streettnyway. I donrt know if that would happen but I think it would be real
ad.
Conrad: The last issue that I
comments on what was presented
think we should talkin the presentation?about is signage. An
I liked the size of these. I liked the accents of the clockWi ldermuth:
tower.
- Conrad:
on?
Jerri., do you wan! to jump in or Gary, do you have any thoughts
on?
26.I'Il drop down to Mr. Noziska's...
- Gary Brown: When you're ready, I would Iike Eo make a couple of comments.I guess I would Iike to back this thing up just a tittle bit to the
November 19th meeting if I could for just a second. There were a few
comments made there that were I guess a little conf using to us at the- Chamber of Commerce. I guess I'Il start with yours Ladd. I guess yourfeeling was, I donrt knov, if you folks were mucky-mucky around or I was
mucky-mucky around on this thing but the I Little signs, as far as being
- Iegible. I did a l-ittle study on this since I read this thing and we,vegot a capabitity of putting 22 inch Ietters in the sign we want to present
on the corner. Your bas ic highway sign on the f reevray that shows you where
- Chanhassen is is 9 inches. Thatrs one feeling I had there.
Emmings: What page are you Are you looking at the Minutes?
-1 u.Y Brown: Yes. On Page
fr/7ilL#/{,/ar/#/
Meeti ng
Page 1I
{
Emmings: I knoe, Irm here and I said Ithink it looks awful but I don,t knor,,
Conrad: Let's follow up on that. What do you think on somecomments, as Chanhassen llrons, eight signs obviously are notcare of all the businesses so how do you see managing that?are going to create hassles.
Gary Brown: Werre not worried about it.
Conrad: Wait until it happens.
Gary Bror.rn: r guess werre going to have to take care of todayrs businesstoday and when-we get to a number of businesses that are going- to reguireitt f guess we're going to. have to jump that hurdle. It'; not an eaiything for you forks to decide on a iign as well as us. we,ve been goingthrough this forever. rrve been in town here for 16 years and r know asign system is an ongoing battle which will be for t h-e next 50 years. wehad a couple other comments though that r wanted to bring up oithis thingabout Mr. Noziska's dear here on he rranted a nice sign th-at said a place fogrov, or something rather than Joe,s Bar and Grill and Suzy's Sauna. Wearenrt going to have that. r'm just doing this in defense so we can comeback to it. Anyhray, we drop down to llr. fmming,s comments here as to hethinks. ever-ything is fine but limiting the numbir of spaces for businessesrs Just rldrcurous. r can'|t imagine $rhy they wanE to do it. The reason wewant to do it is the fact that vre don't feel that there is going to be rnore
-than eight businesses that are going to be concerned that.le 96ing to want( o nut a sign up. rf rhey uI", ir,s!oing to u" i."i suilrising to us'Decause urerve done some testing, lobbying, whaEever on if and to qet eightis going to be about a.s much 3s you aie qoing to go but the one ttiing t6atTislt passi.fy you a little bit is on the top-of tiat sign we wirl havechanhassen in great big retters, Dinner theiter. okay, it's going toidentify the city of chanhassen and people identify tie oinner Theater asbeing chanhassen $rherever you go, no matter what fou do. That,s r.rhy that.r donrt know this gentrement, r wish he was here Jo r could find ouf what$/as absorutely horribre abo.ut this sign. r guess we,re not deveropers butwe did spend some time on this.
Plann i ng
Decembe r Commission
10, 1985 -
of my
going to takeI think you
thought it looked awful and I stillif we're talking about the same sign.
Gary Brown: This is on the Chamber's part
commentary stayed in line according to the
Chamber all the way lhrough this thing.
Dacy: The copy of the Chamber sign wasthe preliminary designs that. . .
in your packet as wel l as some of
r didn't rike the BRw signs and rike this one that was p resen ted
of this and I assume that thisChamber because it mentions the
Emm i ng s:
tonight.
Maybe you guys had two signs going at one time here orGary Bro$rn:
someth i ng.
Plann i ng
Decembe r
Commission
L0, t986 -
Conrad:
signs.
Dacy: That was thetalking about across
Jim Lasher: This is
Gary Brown: On thethe road covered.
Meeting
Page 12
former Ioca E i on ofthe street.
-{
We had several but I.m not sure that &rerre reacting to the right
Emm.ings: If they were coming west on TH 5, they would see thebusinesses before they would see the sign for the entrance to
Emmings: Letrs assume that the Bnw sign was up. That's the one that rsaid that rooks rike it belongs on u sibdi.risio-n. r aianit -rite it for thecity and r don't mean to be discourteous or rude to you either but that wasmy reaction when r sae, it and r donrt think r could desi jr,-u-u.tt". one butr wourd try. Let's say that that is sitting out there w6ere be just showedus it would be on Great plains as you turn rip from TH 5. wtrere wourd thissi.gn with the business names that you are p;oposing in rei.iion to thatone ?
Gary Brown: okay, if you are famiriar with the corner. you'll see on TH 5we have a gas/carwash sign that faces the highway. our idea is to takethat dosrn and move the sign towards the Hanus pr6perty, about as far as vrecan get it. That wirl give the people ampre time -to uie their signar andget in the turning lane and get into town. The big problem was and the bighassle they had hrith the old sign that the city did iear down $ras that bythe time the peopre saw the sign they were arr6ady through the to!,rn.
sign for thethe Ci ty?
Gary Bro$rn: r don't know where you srant to put the entrance to the city! isn-\
- Jim Lasher: Is this where you are proposing for your sign?
Jerri Martin: No, that's the west side.
the City sign and the Chamber is
where the other entry is
other side. That,s great
proposed.
then $rerll have both sides of
Conrad: Sequentially stating 1ou,re right.
_ close, right on TH 5 and after you pass thatget close to the railroad tracks, that,s whensign. Itrs a little bit backwards.
The Chamber sign would be veryand you make your turn in andyou see WeLcome to Chanhassen
- Emmings: It seems like it to me. you
like it ought to be working that $ray?
pLan these things. Does it seem
- Jim Lasher: rt j ust depends on what you wan E to accompl i sh. rf you lrantto make the main statement about announcing businesses then it ddesn,t mikeany sense. rf you want to announce the city of chanhassen, then where doei
. the city of chanhassen begin and if you want it at the beginning ttren we,ve!icked the wrong place. r have chosen the point where i i'aw the most
Emmings: Because they can see Chanhassen,TH 169 goes in and we're supposedly goingoff of TH 5 and onto TH lG9.
is that the idea? Whatto have a lot of traffic about if
d iverted
Gary Brosrn: you talking about TH 212 maybe?
Emmings: yes, TH 212. So we divert it on THworly about that, thatrs too far away?
2L2, you're not going to
Planning Commission Meeting
December L0, l-986 - page 13
(
visibirity and most aspect to rook at upon entering into the downtown area.That sras the rationale behind my choice.
rmmings: Yes, but you're already in town by the time you see that sign.
Gary Broern: Wouldn't you want to put the entrance to the City at theentrance to the Ci ty?
Jim Lasher:. r agree. you probably put the crutter and business point atthis area right here would iot mat<-e in entry statement rike this. you justwouldnrt move dohrn here werr. This entry up in here was more a statementof entering into the downtorrn core and not entering into the aspect of thecity of chanhassen which obviousry incruaes portions on this side of thestreet as werr. There is a.secondary entry monument at this point iighthere that says city of chanhassen ai wett and the main point of this one,because of the increase created at this point, th" "s;.;,;f visual of thispoint risht here is v-ery strong. This ii tne'r;";;-;h; we chose thispoint plus the fact thaL we.alr-eady oern the land so there was somerationare behind that positioning.' ri'you wanted to do another sign downhere, f guess itrs a.moot point a-s far as hor., we r.rant to announce thebusiness at this point heie when we do have u".nJv "i!n-"t ttri" positionhere already proposed and one here and one here and one here.
Dacy: They erere talking about.a sign right here. This is the ward Estate{,roeertr so your introdrlction is iidiit-tere.
cary Broern: They are on the Legion property right here correcE?
Dacy: No, they,re in front of the Holiday.
Gary Brown: Oh, that's where the old sig.n. was so-you,_re by to$rn alreadywhen you see it. That was the problem ,-i tr, tne ola ;ign.-'That once yousar, .the sign, you're on your rray to victoria. we need 'to .n.rourr""chanhassen so you have tine to do something aboui cr,ini,u"."". Am r right?
Emmings: r agree with.you compretery and that,s as far as the traffic onTH 5 is concerned rhat il wesrb-ound. Now is th" sl;; y;ri-.re proposinggoing to have business_names, are you going to r,ur.'.niritiig ro. peoplegoing eastbound on TH 5?
Gary Brown: No.
Pl ann i ng
Decembe r
Commission
tg, 1986 -
Meeting
Page 14
-{Gary Brown:is a great
place.
Werre not
idea but I
going
think
to li ve tha tyou're putt i ng
I think a beautifulabsolutely the wrong
long.
it in sign
Jim Lasher: f guess at this pointProperty here because when TH 5 ex
werve got to be a little careful withpands there is going to be a maj or r ightto think about that.hand turn condition coming through here so we'11 have
Ideally, people even stop at my of f ice and say where is the
Gary Brohrn: I guess the idea of going in there $ras the fact that yes,have some visibility, the people irave-something do r^rith ia; seeing wethe property already, we don'i have to buy any property.
we
ha ve
Dacy: Maybe the recommendation from the commission could be that theyrecommend that the HRA and city council authorize BRw to work with thechamber and the staff to see ii some kind of combination between entranceand directional signage can be achieved.
Jerri $artin:
Dinner Theater?
Emmings: I don't knoe, where your office is Located.
Jerri uartin: chanhassen office complex. That is right after you get into- chanhassen so that is the idear spotlo start welcomi-ng them. The next{ pot they stop is at Guy,s and believe me he gets the feopte.L
- Emmings: Who is that?
Jerri Martin: The Taco Shoppe. The next stop they make is at Gary,s and_ I've been there at 5:30-5:45 and you can just direct people.
Emmings: Okay, if you have the sign $rith the business names on it, itdoesnrt tell them what to do to get there. rf they are trying to iind "- certain business and they see the name on the sign, that d;es;'t help themfind it. They are still going to have to stop and ask directions.
- Gary Brown: We're going to have arror,rs on every sign.
Emmings: Won't they all be pointing the same qray?
- Gary Brorrn: A majority of them will, yes.
Emmings: Well, what's the point? I think those are the kinds of problems
- that have to be addressed. rf you just put your name up there and they arealready looking for you, it doesn't help them a bit and all the arrovrspointing to the right, that doens,t help them either. Maybe it does.
-Jerri Martin: A11 the arrohrs from that ord sign did the same thing any$ray.
conrad: Timewise, Ga-ry, you are ready to jump into this thing. you,ve got
Lhe approval of the Chamber and you are ready to go right?
Gary Bro$rn: We don.t think we'veit's a start.got the perfect ansvrer here at all but
conrad: rrm pret.y sensitive Eo signage needs. r $rork $rith Naegre alr thetime and the smallest letter they wirl put on a bilr.board is r8 inches.you should not out more than six wor.ls on there. you don,t have a 35 footsign so that's r'her" my comments come from. r worry Ehat we rearly havenrtsaid chanhassen. That'is my biggest concern. I thi;k announcing chanhassenonce you are in it is nice from a communi-ty.continuity uut it h;.",a -;"i;;;
any retairer or service establishment and what we n""6 i" srgnage down bvJerri'is office an! .we.need signage before TH ror. w" .""a-;;i;i;r"-;;;";'signage before right by Hanus pr-operty and then when we get into some ofthe detail.signaga as far as riciiitl"", ,.'""- !"f';; ';j;* rraffic down Eosee your sign and if we don't sro$, them down, ihey jonlt-have a chance tosee our sign so that's my concern Barbara is that so rai the needs that rsee are kind of outside the study area. I think we nave to incorporatesignage requiremenEs. before_ you iet to tH r0r and how we actuarry slor.,peopre down. r don't know how wL move them to TH 10r.na no, $re terl thevto keep going stra ight ahead to get i nto downrown bul ir,"t n"r"to Hnn!,i=,and that shourd be coordinated lrith what r. saw t;day: e""rson.rry, I don,Ehave a problem with the chamber's signage because r-think it may help thebusinesses but it. doesnrt accomprish -the- chanhas="n ia"nlity that r wourdlike to see and Ehey are k-ind oi separate issues t..".-'-r feel that the. Chamber shoutd he assisted. to get t-ha t signag" up ur"itng as I don,t haveL to make an either or decision
Planning Commission Meet i ngDecember.l0, 1986 - page 15
{Gary Brown: yes.
Conrad: What Iife of your signage do you need to pay for it? How longdoes it need to be up to make it financi.lty...
Gary Brolrn: Three years minimum.
Conrad: Ho r., Iong- are we-going to be until we really have some of theelements of. the plan tonight?- we are a r.rays off from seeing some of theseelemenEs going to effect.
P:"vl rt19 city councir wirr be estabrishing a pubric hearing date aboutthe-feasibility study at their next councir ;".ii;;-;"*i-uoni"y-""a-ti"iwill probabry occur ln February or tlarch. council- is on a fairly ambitioustimef!ame to get these improveirents accomplishe-. - -ag"in, on thestreetscape, where we have the water and s-torm ""r.r
-6uj..tive to achievearso so r think we can work with the chamber ou.. fn. ,"inter and try toachi€ve something so they can instarl a sign tni" "pii.g or summer.
Conrad: Their sign. The Chamber,s sign.
Jerri Martin: This has been something that some of these businesses havele99?d desparately_ior ? long, rong time and it'= .oJinoed to buird andbuild and build- They don't -i.,ow riher" Ehe moter is. itrey neea some type( of direction. They don't know wherE-some of the restaurints are.
Planning Commission
Decenber I0, 1986 -
Meet i ng
Page I6
-{
Gary Brov'n: - w-ould you f.ike us to incorporate the wercome to chanhassen inour sign and of course, if you would liie to do that you erourd rike to pictup part of the tab to do that frm sure.
Conrad: I think it,s worthwhile, yes. Ithe City has another plan, I thinl that,s
Gary Brown:. As long as you have your developer right here, maybe hecome up r"rith an iclea that will make us both tr.ppy Lut we dtn't wantthree months to do it.
cary Brown: If you would Like us to go over this Lhing
come to a compronise, we would be more than happy Eo do
think that's appropriate unlessreal appropriate.
canto wa i t
and see if we can
so.
Jim Lasher: r think if we are going to have any continuity in the wholesign scheme, we have to get back tolhe 2 or 3 simple basic'materiars. Tohave every sign made out of a different material d-oesn.t make any sensebecause we need the image so if we've got sornething going with some stoneand some brick and some rettering thal r think we-nJed t-o tiy anaincorporate a littre bit of that. coIor, texture, form, the whore thinginto a sign that you want to do maybe and if there is a rettering style-that $re rooked at that we feel comiortable with, r think we shouid t-ry andIook at letter ing style.
{
Gary Bror^rn:
lettering. I
Jim Lasher:
work.
I think it looks better if we stay with the same type ofagree $rith that 1009.
Three simpLe things and if we could do that it would probably
conrad: rrm not sure I'm looking for a compromise. r persooalry am rookingfor a way that chanhassen has to make a statement out on TH 5 a;d so far rhavenrt seen it untir you get into town, which r like also but if t were astoreowner, yourve got to slow the traffic down and r don,t think your signGary is going to do it. chanhassen has to come up with their own lign to-slow the traffic down to say, chanhassen Turn Right for downto$rn bus-iness.Thatrs $rhat important to me.
Jim Lasher: rf we step outsid.e the project area and announce the city andthen announce the businesses, it makes more sense that $ray. you aleitpeople that there is a ci ty up here, com ing up, slow do$rn, Ehere m ight besomething hot happening there and then you start introducing a series ofsigns with the same material, tettering, along there that, I don't know ifthe directional arrow thing makes any sense, maybe it does but just thecontinuity factor would be so much better coming al-ong this arel to iustsay chanhassen and then do some directional things if that turned or[. th.best way to do it. LIke you said, just a big announcnent and then a coupleof small s igns or however big the s igns should be. Af ler we say this is
Planning
Decembe r
Commissionr0, 1985 -
Meeting
Page I7
d
ft
hanhassen, this is not someoners retail district. This is the City ofhanhassen. I think you are correct in saying that [;i; "t oufa happenirst. rt's too bad it's oursiJ;-o"r-"t,Iay ui.u. rf ;; ;;;; ro enrarsehe area arong TH 5 to start r-ooking at some arternatives, vre can do that.
Conrad: Barbara, based on vrhat you hear us talking about, and Irm nottrying to raise the consultant,s fees, t'm certainiy ""n"itiu. to budgetsand r^rhat have you, what, wourd you recommend? rrm not sure that rrmspeaking for everybody here eiiher uut what ao you ,;;;;i that we do?
Dacy: I kno$, the Mayor and I think the Council would agree with the
1^i:::_":i_on th.at we. just had abour soins ourside or tne-iioiect area andcomrng up r"rith maybe a more complete i6entificati;n-;iJ;-'i ttinr $re cancontinue on a process to. at- leait get you to a point where a sign coutd beinstalred Ehat wourd work for o" ^1 tn'r" pointl itl cllv-c"uncir and HRAstirr need to review rhese prans in J"l"ir but it i;;i;a Ji a uroad rrushstroke that the pranning Commission tras had. r think that you may need tocome to additional meetings before the councir and the Hna.' r think theywirl agree with what has lone on u"l tn.y need to hear that from you asweII. In the meantime you can still confinue to do th;a. --
cary Bro$rn: In other words, don,t dig the hole tomorrow.
Conrad: Are you ready to?
{ary
far
Bro$rn: I vrould say we are.as costs and construction.I think we've got everything covered as
Dacy: But you see the councir or the HRA hasn't decided on a tetteringtype, stone, illuminated, $rhatever. They haven,t m.a. tno=" specific typesof choices. The chamber has but you have to go that extra step.
Gary Brown: r think we should bear in mind also is the fact that r{,e,reworking with what grirr amount for the simpre fact of cost more thananything. Trying to hold the cost down to the busines".. tn"t are going tohave to purchase this sign. . our sign isn'r going r;'L;;; anything aselaborate as that but we don,t have $4O,qOO.OO t5 put-in[o-. sign either.
Dacy: The cost issue, the HRA and council may $/ant to participate then.
Gary Broi.rn: That $rould be great, sure.
Emmings: This is iust a suggesEion maybe, why couldnrt they put up thesign they want wit-h some in6irt. we're'atr kint of ,ona.iiIg wherher a siqnis goins to do whar rhey hofe it wili ao ana how many t";;i" will wanrspace and so forth, why courdn't we view it es.sen-tiiiit;'"-." exp_-riment tofigure out erheEher it is a good location or hrhether it-is having thedesired impact with the tnougnt Ehat it wourd be reptaceJ o.r"" ,. figureout rrhat the siqn vrilr look like to announce the ciiy or mayue incorporate
_ it. Maybe bre wiII learn someth.ing from.it t.hat wilf hel;';s pur up aLrtter sign rater. rf we look it i" lr=t a temporary tr,i'ng. r know if you
Pl ann i ng
Decembe r
Comm i ss i on
Lg t t985 -
Meeting
Page l8
-{are putting your money into it, you donrt want to look but at that point,m_aybe the city wourd be wi11in9 to participate to crean the wtrote tiring up.The other thing, it seems to me is ltre design of it, it ought to be done insome $ray so that a second sign could be put right al0ng siSe of it thatlooks like the first one in case the demlnd foi space is greater. rt oughtto be like a component that would be matched ana ititt loJf good
Gary Brown: A modular. . .
Ernmings: A modular idea so that if you wind up having more interest thanyou think you do, it can be expanded and stilr rook good. Those are thethings that I think I would be interested in.
Gary Brovrn: I rrould not be opposed to that.
Dacy: That is another option that ere can explore.
Conrad: I donrt see a real problem letting the Chamber govrerre studying Ehe need for Chanhassen announcement on THmore sensitive timing wise. The Chamber has been workinglong time and it will help businesses-
Emmings: But it seems to me it ought to be ondoesn't fit into the future plan, then it has
ahead as long5. I guess Irm
on this for a
as
the cond i tion that if itto get out.
{conrad:' That condi.tion realry makes you feel kind of nervous. There maybe some negatives to Ehat.
Gary Bro$rn: rt is going to be hard to go up to a guy and say, this sectionis going to cost you $1,090.60 for threJ years and tJ says great and thenyou say, but, if the HRA comes back or the planning comnission or whoever3 months or 4 months f r.om^ -no_1 and says they donrt like it, it's going tocome down and you're out $L,q96.6q. we'lr have a hard time serling it,it.
Emmings: I don,t think 3 years isnrt a problern. I think that istemporary.
Gary Brovrn: r don't think it's going to be a problem either because thisis kind of an on-going thing and iE,s been going on and it's going to goon. The sign is probabry going to be pretty woin out by the [ime-you ietinto this street part.
conrad: r have that feeling but then again you never know what the counciLand the HRA may do. r tlrin!. you've got our input on that. r think myconcern is that rre ret the chamber know as quickly as we can and if wL canexpedite that and give them some...
Gary Brown: yes, werre basically ready to go. All we need is yourble ss ing.
(
Conrad: . you. really don't need our blessing, to tell you the truth. AIIwerre doing is providing some input to some other bodies.
Gary Broe,n: And we appreciate your comments. we want you to like it aswell as everybody else. To get your idea.
S::;;r, well, you sot a fe$, of rhem ronight and whar,s going to happen
?."y_r. What I was going to suggesttor the first meeting in .ranuiiy.Mondayr s agenda but we can send it
ISIt,what we can do is schedule the items too late to place the i.em on
pend i ng
now and
Gary Bro$rn: Where does it go now, to Council?
Dacy: Right, and if they allow you to install the sign temporaryanother review or maybe we couta- took ai in the neant ime, -il5tr."n
the fitst of January. We'll figure out something.
Emmings: r think we ought to have a design competition for that sign.donrt think it woutd ue 1 tao id"" a;;;;e a sign competition for thefor Chanhassen.
I
sign
PUBLIC PRESENT:
Don Kelly
Terry Ather ton 208L
2082
55th
65rh
Str*-et
S t reet Wes t
Wes t
Dacy: The properties in question are rocaEed on 55th street and crestvie!,Drive, west of calpin Brvd. right on tie border of the t"retiopolitan urbanService Area line and r,rhat has- irappeneO, Iast spring the City became awarethat there were septic sysrem raiiui.i-in "o*"-'oi-ti"-.oioi..tius along rhetwo streets. originarryr. the city ti)ought that .*t.n"ion-if utiriiy J.inescourd not be achieved wirhour a rirt "iition..d t;;i;;; rie facr rhat irwas out of the Urban Service area. The City tried to wor[-with thehomeowners as to upgrading -those "y"i.... Howsver, upon a petition ofmembers of rhe neiqhborhood, a feaiibirity study ;;.-;;;.-.nd i. t. wasdet.ermined rhat a iirt "tutio- ;;;;;;;ecessary and rhaE se$rer rines courdbe extended from the easE on Lake Lucv
5 s rh s r reet . na cr"=-t,ii-el i. i,".' - in"i'"l3i"ori', :"=:l: ri?" fr'.".;;:::." il"
^-
extension of sewer lines from the pheasant HirI D"r;r;;;"; from the east.we have to go through the comprehensive pran Land u." pi..'i*endmentprocess to amend this MUsA line boundary so that it inctuaes arr of EheseJ,''roperties. - Before the Metro waste cont;or commissi.;-;iii authorizeL.(tension of sewer pipes, they need Metropolitan Co"""ii-.iprovat and
Planning Commission Meeting
December Lg, !996 - page 19
PUBLIC HEARI NG:
fllrpneHENsIvE LAND usE pLAN AMENDMENT To AMENp rHE METRopolrrAN uRBAN\n-EVreE-rn-EE-eouuo-aaE-to'jgrt6ffiotcerq rn-Egr,lrE,s--61rrrrin-ar.ro -
Planning
November
C om:n i s s i on
19, 1986 -
Meeting
Paqe 24
-{
{
conrad: okay, then we donrt need to bring it back but then we donrt seeit. We think Staff knosrs what they are doing.
Jay Johnson: Does the public get excluded on that then?
Emmings: There will be a public hearing on the ordinance.
Jay Johnson: There will be a public hearing before Council...
Dacy: rt is not rofficial public hearing" but we are notifying homeownersassociations, everybody that was here in Eebruary and March- will Uenotified again.
Jay Johnson: r knoe, a rot of peopre who put up fences and this is a majorchange to the fences going up.
Dacy: I also stuck in an article in the Chamber Nelrs so that should becoming out the day after Thanksgiving.
Conrad: I just wanE to make sure that it is because fencing is verypersonal and people get involved in fencing.
Dacy: Most people caIl up and ask what the rules are but there is alwaysthat one individual.
Conrad: I was looking at the procedure hereto City Council, it will be a public hearing?but i.rill it be a public hearing?
though Barb. As this goes up
You sa id you were notifying
Dacy: I'm sure Ehe Mayor wilI recogni ze theconducting a special meeting on December 3rd,yes, it will be a public meeting. They witl
commen t .
people to comment. They
Wednesday to go over it
have the opportunity to
are
and
Headla:
them out
If somebody calls up afterthe proposed o rd i na nce?
seeing it in the paper, will you send
Dacy: Sure.
CHAMBER OF COMMERCE - COMMUNITY SIGN PROPOSAL.
Dacy: I wanted to bring this item to your attention because some of youthat have been involved with Ehe chamber are probably aware of it als-o butrde tarked last time about the comnunity signage that our consurtant for thedowntown feasibility study is preparing. By the way, they wilI be here atour December 10th meeting to do a quick presentation on the inprovementsthat the HRA is looking at so the planning Commission is up to date onthat. part of those improvements are the signs and I wanted to ask theCommission whether or not t.hey wanEed to participate in kind of a reviewprocess of the proposed signage and if so, we should ask the Chamber tocome up with a design that is consistent with what the comrnunity is
rtrilqwl€.Ur#{
Planning
Novembe r
Conmission
19, r986 -
Meeting
Page 25
{
thinting as part of the downtown improvement program. rf not, if you wantto shift.that respo_nsbirity more on the HRA Ehen we can take the efanning-commission out of it and redirect the chamber to the HRA but r know thatyou guys were concerned about signage and so on so r wanted to have you atleast talk about it first and then go from there, yes or no.
Conrad: What is our control on signage other then the ordinance?
Dacy: The control, what would happen is r wourd send the chamber,s signdesign to Jim Lasher over BRw who is responsibte for the streetscape palto{.Ih: feasibility improvements. He wirl rook at what they tr"ve come'u!-with here in your pacriet and make recommendations and is it compatibre towhat we. are trying to pran for the downtown area or are there somesuggestions included so that wourd be your guiderine in making therecommendation to the HRA.
Conrad: $lho has control over what the Chamber puts up?
Dacy: The City does- urtimatery the council. They may be asking the HRAfor cost ParticiPation so the HRA would in essence tontiot as to whether ornot they r.rould contribute any money to the erection of the sign.
Headla: Barb, whaE can anybody can $re do over what the HRA can do?/\ Dacy: That is Lhe_decision that you forks have to make. That is thequestion. rf you feer that you wlnt to be a part of Lhe process, then thisis your opportunity to say s-o. If not, then ie just go airead.
Siegel: Is the HRA involved in this process?
Dacy: Oh yes, because they are going to be seeing the do!,rntownproposal and they are the ones that lre going to ietermin" ,n"twhere and that street is aligned.
Siegel: I mean on lhe sign?
feasbility
sewer goes
Dacy: Yes, asthat body.
an advisory body you would be making a recommendation to
Siegel: Would you
CityDacy: And to
Noziska: where are
make a recotunendation to HRA?
Counc i I -
the signs going to 9o?
conrad: Right at the corner of TH r0l and TH 5. The chamber has come upw-ith on page 2 this d_esign where they can promote individuar facilities inchanhassen. They can't promote them arr uut they wir.i ctrarge out part oftheir cost to individuars who would rike to adve-rtise. what they did was a( rvron facing east of eight individuar business and lne'opposite side wirr-say welcome to chanhassLn. That is r.rhaE they r."o.*endli'. There are some
Plann ing
ovember
Commission
19, 1985 -
Meeting
Page 26
failures in that sign proposal in that in the future chanhassen may growand eight people will have signage and many others sronrt yet on the otherhand, the business community needs promotion and needs diiectional signageand this is one way they feel they can herp at least eight chamber *eib"is.Im not sure that we wanE to mucky-muck around because i ao betieve thatthe HRA personarly, r think lre should be bringing people into chanhassen atthe entry point and r don'!t know that 8 littre signs lre legibre. rtm justnot- rear positive about this. r think there are benefits for the .o*rouiityto.have a major sign out there with a welcome to chanhassen and a signpointing to the business district but I don't know.
Noziska: WeLcome to Chanhassen, your place to Grow or something.
Conrad: Thatrs my preference too. Something to be out there.
Noziska: Rather then Joe's Bar and Grilr, suziers sauna and Edrs Barber
shop .
SiegeI:
Comme r ce ?
Ladd, you said this vras the preferred one from the Chamber of
Conr ad :
- have got
(;i.g"r,
The Chamber has
agreement from
That is one of
been working on
t.he Chamber body
the most original
to what to put
they are tr yi ng
then months.ir.this
that
for
this more
is The y
Conrad: They are open asside with the businesses,
bus i nesses .
signs I have ever seen.
on the back side but the front
to se1l and help eight
Dacy: Your initial direction already is you are saying Ehat you prefer amore simple sign and not a directory type of sign at that particularrocation and if you vrant to leave it at thaE and leave the specifics to the
HRA Counci I.
Conrad: Thatrs $rhaE I said. I don't know about everybody else.
Emmings: I agree completely and these designs back here with brick andwood, this looks like maybe a subdivision. I think they are awful, justawful. This one I donrt mind where it says Welcome to Chanhassen. Thatseems kind of friendly and straight forward and I think that is fine buthaving a limited number of spaces for businesses is just ridiculous to me.I can't imagine why they want to do it.
Noziska: Horr ible r absolutely horribl-e.
- Conrad: So am I hearing that rre want to stay out of Ehis but make arecommendationt to the HRA that a sign be constructed that promotes thecoomunity versus promotion of individual businesses.
\jieget: Keep it s impIe.
Planning
Novemb3r
Commi ss i on
19, 1986 -
Meeti ng
Page 27
\
{\
Noziska: I donrt see abut a mess even thoughup there for 2-3 years
has to be a better r.ray
much for me.
COMPREHENSIVE PLAN HOUSING CHAPTER.
s-in-gle,. solitary sign here that looks like anythingI like the masonary. I think the wood that wouta bewilJ. warp and crack, Iooks pretty great too. thereof doing it. Something. None of those real1y do
Koegler: Last. time you recarl we vrent through the existing housing sectionand indicated lre wourd be back this meeting rritt at least fhe ueginning ofthe.draft changes for that portion and tha-t is what has been submitted aspart of your packet -for this evening. rn going through this, every attemptwas made to basically forlov, Metropolitan couricil's o-otline as much asreasonabry could be accommodated and at the same time to refrect some ofthe comments and the thinking that the members of the commission expresied
w.h j. ch not to try to sum that up but Eo maybe paraphrase generally, to keep
Iliin^"--!? _=:me.degree srructured but unstructured, it tnat is posiiUte. 'rnere were certain topics that you wished to avoid and r trust we have donethat. Normar procedures has been just to run through this quickly and rguess.r will begin doing that.- rrig me at any poinI in time that-you haveanything- As vre tarked about last iime, tne ii'rst tiri"g-i-hit we wanted todo was unclutter' basicarly the housing section and as a resurt of thatthere are a number of omissions that o-ccur throughout this. The first oneis referenced on the f irs-t page, really got into -the various types ofnousing that were described in some aetair in the rast liin."d-you agreedlast time that that rras not rearry necessary and theref-ore that has beenremoved from this documents. The first addition that actuarry occurred isa very minor one which was on page 14 and simpry referenced the precedingcriteria and indicated that ttrL crty pranning c6mission and councir mayappry that type of criteria in_revilwinq hou!ing proposars. obviousry theordinance criteria takes precedence but that is-jist-kind of a generarframework kind of thing. on page 21, we got intL an update of census Data.obviously replaced the 1980 .rqiti with preriious rgzg aati una ,n"n p"""iuG,tried to provide a sid.e by side.o*pu.i"on of the two figures where thecategories would remain_ the same which was throughout m6st of Ehat textportion. we talked a little bit rast time aboutihe growth in t ouiing-tt,"thas occurred and the fact that the median rent has g6ne up about 99? overthe 10 year period- purchase price of the average iesiaence was g84,060.66which was up 1218 from the $3g,qo6.aq figure recorded in Lg7q. Those kindsof figures are reflected in.the comparison numbers that are present in thatparticular chart. The previous pran had some ranguage on ne-ighbornooas -ani
as was brought up this ev_ening with regard to the'zoiing ordiiance una-"o"-forth. The neighborhood associations and neighborhoodl in generar are agood vehicre to promote to get Ehe vrord out if you wirr. Th;t has beenleft as a proponent of the plan and in fact, the various neighborhood ireashave been updated to reflect some of the developments that have occurred inthe last five vears or so that were not a part of tne previous plan so thatinformarion ha3 simpty been updarea iro:n;iry;e;;;d;:-;;;;26, rhere is alead in there. In JuIy of this year, Todd sp-ent some time -actually goingrround the community and rerecording by geographic area the types of unitsEhat are within those as well as the unit count. That information was
AMENDMENT TO ORDINANCE NO. 35, SECTION 3.13 FOR OEF-PREMISE
DIRECTIONAL SIGNS.
- Dacy: We brought this back to your atEention. Maybe sorne of the ner.,members were not here when we originalJ-y considered this but we brought itback under this item because you had tabled it rhis summer until you-got i
- full commission. As you recall, the Sign Ordinance request for romKlingelhutz has spurred us to Ehink about maybe the community shoul-d beproviding for off-premise signage for subdivisions in the community and so
- on and. maybe for exampJ-e at major intersections and $re puE togethei somespecific standards. since that time I guess r wanted to updaie you withwhat is occurring in conjunction with our downtoern work and stre-eEscaoeproposals that BRw is responsibre for doing the feasibility study for- downtown and so on, has come up with some alternative sign proposals fornajor entry points into the community which courd accommodate lhis type ofuse in a more consistent sign fashion so !.re don't have six different iypes
t rf signs pointing to pheasant Hitls and Hidden Valley and Ehe other.
frDtct1ilaf#6
Planning Commission Meet i ng
November 5, 1986 - page 29
-et Dacy: Vle can talk about this more maybe next time but the City isresponsible for the pubric health, safety and werfare and if tie septictank systems are not property maintained there could be a threat to pubrichealth so you also have to remember that in the rural area in chanhaisensanitary sewer may not be avairabre to that area for 2o-25 ox maybe even 50- years so we reaIIy have to take an active maintenance program. Iunderstand your point. There is arways a confrict in -government. How fardo.we go in regulations of the indiviaual property or.rt, but staff feers inthis case since it is a pubric heatth issu-e tiat rie reei that maybe r" - -'-
- should take a stronger stand. That is the rationale.
conrad: r think also, when r had a septic system, that r.ras the last thing- r wanted to pay attention to. r did not knord how often to pump it. youjust get rumors of when you shourd do.it and r tetl you, r'm- noi monitoringit. r never did. The only time r nonitored it was wi,"" r had a backup so-
- I donrt kno$r. I think we can relate to donrt let government get inEotelling you when to do everything but on the other hand, this issue itgives the people in the unsewered areas some alternatives to work with
_ their land and put housing on it and to give them that liberty of doing- that, r think there has to be some kind of a system that we cin put in-there to make sure that r.re don't have septic p-roblems.
- Erhart: I would like to see us work on this arternate system where we have
-some procedure for some deveroper or lot owner to come in and make a
{ egitimate proposar based on some history or something so we don't end up
_-rntimidating people who have fresh ideas.
Emmings moved, Erhart seconded to t.able to amend Ordinance I0-A, Individual
Sewage Treatment Systems Ordinance for two r.reeks to allow Staff Eo take the- Commissionrs commenEs along with the Building Inspector,s and come back andpresent a revised ordinance through a public hearing .Eormat. All voted infavor of tabling and motion carried.
TEM PORARY
Planning
Novembe r
Commission Meet i ng5, 1986 - Page 29
(
wildermuth: IL seems like theought to be paying for it.
peopLe whose businesses are being advertised
Conrad: Except Tom Klingelhutz' proposal was turned down, right?
Dacy: No it wasnrt.. rt was approved by the council. you did recommend todeny it but you said staff coola go bac-k and rook at a lossible ordinanceamendment and we came back-at thal point and you didn,f have a fulIcommission and had some different views. r vrould just like to hand outwhat BRW is thinking of. rhis is noE final. Even the HRA or city councilhasn't seen this- The idea is three types of entry signs into chanhassen.The first one of which could function-i! a directoiv-idi-subdivisions. onthe one that you have now it rists businesses and that obviousry would bel.cated as you enter into the downtown- so staff's point is that again,instead of maybe a sign ordinance amendment that staff commented that wewanted to carry out. a. consistent sign program in the communiEy and that1aybe.-thi-s proposar that wirl be unaei riview by theine."o the citycouncil shourd be used in amending the sign orai'nan"e ior- individuals.This would give the. community morl aesign-contror. -i ir"t lrant to bringthis to your attention and see if you have any comments. see if you thinkwe are off the wall, agree or...
wil,dermuth: How $rould this replace the sign ordinance?
Dacy: rt is not th_at it rrould replace the sign ordinance. Arr r'm sayingis that the sign ordinance amendm6nt wourd. nof u" ;.;";";y to a110w for to-have a sign sayiog Pheasant Hills subdivision, arrow, another subdivision,{ rrow and so on. This.could be a city proieci. We wouLd be installingtthese signs around various spots i; I'ile community.
Wildermuth: Who is going Eo pay for it? The taxpayer?
Dacy: Everything is relaEed through the do$rnto$rn dever,opment project whichwill be partiarly financed by tax increment financing whlch is Ehe originalintenE of that disr!ict is eo take the increment"- !.'n.iui!i ry tt,.development of the business park to pay for improvements in the downtownand a portion of those costs. would ble paid tnrough ;p;;i"i--.ssessments andso on. nrimarily hre are paying for this through the'tix-incre.ent, HRAdistrict so r think you cin-th;nk rnsiant web, united lraiiing and so onbecause they are providing...
Dacy: we have had a lot of businesses come to us and a rot of deveroperssay, peopre donrt know where to get to our subdivisions anJ this is justway to provide that community funcEion and provid" .ign"q"-to betteracguaint people that go through Eo ertrere tn6se variouJ'fi.-""'= are inChanhassen. It gets back to design control. tne major. itilg is signcontrol
a
Conrad: When Klingelhutz came in,
7 basically had a development that he\-erdinance says that you can not hav
just h-istory when you weren,t around,wanted directional signage and thee a of f -prem i se sign tef f ing me how to
he
Pl ann ing
Novembe r
Commission Meeting
5, 1986 - Page 3g
-{
(L
get to his new deveropment and many deveropments have that need. This isa real one so at that time we, as a body, whoever rlras here and f don,t knowtrho was anymore, but anyway staff came up with a solution for his proulem- "
which would like totem p-ore the signs at an intersection of a deveropmentso you could have several deveropments. rnstead of having chaotic signs -at
a corner off-premise, you have some kind of organization fo them. weturned that spot dovrn even though sre understooa the need, the city counciraccepted that- thought. staff is back to say that maybe ihere is J way toorchestraEe this for oEhers. rf that is a need in tfre .o.*rrnity, mayLethere is a vray to orchestrate this through the ordinance. However, as Iunderstand your proposal, you still do not tiXe it.
Dacy: What we are saying is that we do not recommendordinance. What the City is saying though is that wedesigned consistent program of lign cont;oI for majorinstead of having a 24 square fool sign I0 feet doinis green with black letters, lg squar6 feet...
conrad: what you are presenting will not sorve Kringelhutz' problem?
Dacy: rrm saying it could. The community would have to decide $rhether ornot to locate a sign at cR 17 and TH 4r. we really have to look at that.How many signs do we want t.o have on TH 5? r can sy::npathize with some ofthe locations. A lot of their work has to come tliro-ugh marketing too.'hey are working with maps and so on.
conrad: chamber of commerce by the way has this on the drawing board. Thechamber of commerce wants something liie that. r think it is going cofail. r think when you g_e_t down to it you have so many positi-ons -on a signand werre going to have 500 people that want that and -we,re going Eoexcrude 494 and 5 are going to be there. rt just seems in E[e rong run itis going to be a real hassle. rn the short run probably not a probrembecuase ere don't have that many businesses but in the l-ong run-how do youdetermine wbich 6? The first ones in. There is some logic forcoordinating this. There is some logic for having coordinated signs andthere is nothing rrorse then having signage all over. That is jusf rearvisual garbage and that forces nothing to vrork.
Dacy: You donrt necessarily have to take action on this. rt eras out therehanging on a table and we just wanted to bring it back to kind or wrap ttre-file up so to speak.
Conrad: WeIl, where do $re go? Does anybody knowwith this thing? I dontt. I see neqatives. Thebecause it is someEhing that we shouid continue Eoit off of Staff's desk.
amending the signprefer to have a cityentrances po i nts
on Galpin BIvd. that
where they r^rant to gointent is terrif icglay around vrith or get
S iege). : wha t
somebody el se
are we waiting
to take action
Barbara?
this?
for
on
Are we waiting for the HRA and
PLanning
Novembe r
Commission Meet i ng5, 1986 - Page 31
(
P3.y, Yes- The sign program, streetscape proposar will be considered bythe. HRA through their consideration of the i"u"iuirity study whichestimates the cost of providing the street, sewer, ,o"i"., diainage andstreetscape improvements for the downtown area. The HRA is aboui to embarkon that whore pubric hearing process and these type of costs wirl beincorporated into that overali project.
sieger: r couLd see that working for the downtown area if we are set onhaving a centrar downtown district, it should be signed j.op.try. r agreeEhat a directory is probably the reast effective t ui;i joiig
"rout it andthese other ones are probab\r in contention to be "i.;;.;-;; rosers. rdonrt think we should take a standard rike ttris anJ "Iy
-".-ur. .going toadvertise Tom Klingelhutzr property by building a brici .ono..nt out on CR17 and- TH 5 and say pheasant Hil,r 1rr i.l airecti-on. r iust-ltrink we shouldprobably. . .
Dacy: I tho ubasis though.direction to.
Emmings: It says the sign will be removederected.
ght the Commission's intent was to have it on a permanent
..t.. ao have these directional signs permanentiy pointing
six months after it has been
Emmings: Oh no.
Erhart: I thought
Emmings: We sa idconversation.
Dacy: Then whatrs theNever mind.
that was your idea.
six months. That's what I remember from our previous
poinE of all this. Irm sorry I brought iE up.
Erhart: r think it is an unfortunate situation here realry. staff got offon a tangent here and the way r ar-ways thought the discussi-on was goingbecause r was in on arr of these ,ui th.t Ihe deveroper,s, at their ownexpense, as long as Ehey made a nice .ooking sign, .ouia irt u "ign o,_,1,one sign for six months directing people to their devel.pment. At the endof . six months they take it down. - i'1" a"n,t bear any expense other then r., eget to review the sign and it has Eo be in accorau'n". iiln- the ordinance.r know we discussed sha-ri_ng a sign and I never saw how that courd workbecause as soon as vou nad !ix, i seventh guy would .o*a "iong. we couldmake that real compiicated here.
What weitno Staf f
Dacy: If that is the case, then you should amend the ordinance.are saying is that we f er.t that there was an arternative to doinginstead of amending the sign ordinance. what you ui" "uying i.,1 you blew it, we,re only talking about temporar! situatiois.
Dacy: That was our recommendation.
Planning
Novembe r
Commission Meeti ng
5, 1985 - Page 32
1
Emmings: You didn't bror., it because the way you vrrote your thing here inthe materiars you gave us, it seems to me exactly what we had in mind.The whore point seemed to me was when Klingerhutz was sitting here he sai.dit is the initiar phase of the subdivision to get peopre to us and by sixmonths-you have enough people in so that word of mouth, they know wh6re weare and itrs not a problem anymore. That is $rhat I recall.-
Dacy: Okay, if that is the case and if you feel strongly about it thencan direct us to advertise for a pubLic hearing based on what you havehere.
you
Emmings: r have a couple of points r would rike to bring up about it but r- donrt know where we are. The signs are supposed to be designed so threedevelopments can be displayed on any one sign and r would "ly, r think weshourd think about how many of thesJ signs they can have. r think there
- should be a limit on the number they should have for each subdivision. Letthem have tero of these. No more then two for each subdivision or somethinglike that. r donrt care vrhat the number is but they shourdn't be puttint -
trp Lgg of these things so r think it would be a good idea to have i rimil- and r donrt think there shourd be any more then one sign per intersection.The first three to get there get on the sign and when onetr them gets offthe next one can get on and I dontt think that wiII really be a problem
- because I don't think there will be three subdivisions th;t wifl rrrant the
/ same intersection and if there are they will just have to wait their turn.
_'Conrad: So you are in favor of the off-premise sign?
Emmings: I wasnrt, I thought the ordinance eras fine very frankly but TomKlingerhutz convinced me that it is a real probLem initiitly getiing peoprethere. The $ray $rerre developing out here with these subdivls-ions, if- re1regoing to let him buird a subdivision we have to ret him get people to him.I was persuaded by him in that. regard.
Erhart: I just titink you are making an emotional, complicated, potentialproblem by requiring that they have space for three developments on onesign. rt is just a whole lot cleaner and simpler if each developer puts inhis own sign as long as they meet the ordinance and he takes his own sign
down .
Conrad: But do you agree {,rith what Steve was saying?
Erhart: About him? I agreed at the meeting with Tom. I wholeheartedlyagree with what Steve had, I just think you ought to keep one sign perdeveloper and like Steve said, Iimit the total number of signs to two or
one .
- Sieget: I'm just going to go I80 or 369 degrees on this because I,m notfor off-premise signing anymore. I just think we should be as strict asEden Priaire, Minnetonka, Plymouth and many other communites have been and
- disallow that. I Ehink if they have a development of any kind of\- substance, there are many, many marketing methods to achieve getting people
Plann i ng
Novembe r
Commission Meeti ng5, 1985 - Page 33
(
a\
to attend their development's promot.ion and whatever. They can put a mapin the.newspaper and pay for it. They can put any number of types ofpromotional pieces out to geE parade of Homes paiticipation. rf werretalking about residential development, r donrt -kno, oi anybody in thebuilding trade who has a probrem utilizing the parade of fromei promotionevery year to get people to find their locations. They gut a d-tailed mapin there with street intersections and if Tom xringerh-ut-z wants toparticipate in the parade of Homes, let him. It ii part of thepresidential marketing effort but r think we are getfi;; ioo trastry and wehave the potential of getting trashier on the higiways ind biways irere.
wildermuth: r agree with Tim's comment. r don't see any reason to put anumber three or at least three si.gns to be displayed. r'want indiviiualsigns for. their property and r rilie the attitui" or tr""inf it expire in sixmonths, Ehe sign has to come down.
Headla.: Any decision we make isn't forever. It can be changed. I thinkthe problem has been identified and r rike the idea of just the buirderputting up a sign off-premise and it has to be taken down in six months andret him adver t i se his own but onry one of these signs on any arteriarhighway. rf someone is coming o-n tu 5, point it irri" Jir..'tion and thenthat is it.
Conrad:
o their
Chaska
request
Development was in asking forif this went through? would
a srgn.
they be
What would this dogranted a s ign?
Dacy: No, this only applies to residential whichStorage place in Chaska has installed another onewe have to go out and tel l them to take it do wn.corner.
reminds me that Southat that same Iocation soIt seems to be a popular
conrad: My feering is generarry r agree with you Bob, r think in this caseif ,e put some limiLs on sigaage and-because tlie signs realry.r" r"ii:,v---smarr, r think to help Ehe developer for six months with the restriclioisprobabl.y can be sold. r t.hink vre can herp the deveroper a rittle bia-i;-funnering traffic around and r rhink in Cnii ".=. ii'* lolng to beg some ofthe philosophies thar I have had in the past and swing iritt -it. ei i"."t--swing with it to vote for it and send icup to councii and see trow ttr"v--react to it. Is there a motion?
Emmings: Do we have to have a public hearing on this?
Dacy: Riqht.
Emmings: So grhat is the appropriate motion?
conrad: Maybe wedon't need a motion. Maybe r., e just instruct you Eo makethe changes as you have heard. r think moit of u!, other ttren 'sob ;;;;;--rdith steve's additions and deretions and if you could refine t.he changesz for his comments and we'Il conduct a public -hearing
Planning
November
Commission Meeting
5, 1985 - Page 34
-{
Dacy: Also in 82, r don't think it is a real burning issue right at thispoint but if r take this report to the council with i copy of your Minutes,retrs say this month or next month and have them incorpdr-ate it into thesign ordinance which r think.wir.l be passed erith the nlw zo.,ing ordinance.we could eriminate a potential item on a future agenda. rt is-not thta ---
critical.
Conrad: By incorporaLing
When vrould the public have
it into the Sign Ordinancea chance to react to it?for a public hear i ng.
In December.
But they would have a chance. Okay, then donrt schedrlebut I think you should bring it back to us so $re can vote
a
on
Do you feel that you have direction on this number of signs per
Dacy :
Conrad:
hear ing
Erhart:
sign?..
publ ic
it.
fDacy. . I plt this into a little more understandable language. I did
L t9o!. though. The.one arrow on this one should have beeri .cointing to Lack_-of street continuity. rt is true in both cases but r had the arrow in the- wrong direction. rn any case and I have to apologize the third pu..g..ph,that second sentence doesn't make sense. voui original comment, Mr.Chairman was should we ease the severi Ey of the an-gle coming into dovJngown.- The consurtant came back and said, y"s Ehis could 6prit to ihe north andthis is a conceptual design that st.af f felt really had to be Looked at indetail.
Dacy: Yes, I have the direction that we should not require that andinstead require a number per subdivision and a number ler intersection.
BROADENED STUDY AREA UPDATE - DOWNTOWN ROAD SYSTEM.
Conrad: What is going to begoing to be a hous= right?
in that Iittle triangle Barbara? There,s not
Dacy: No. Here?
Conrad: Right here. why don,t wethis way nothing can be here?
just slide a street going there because
Dacy: When you do that.you are always looking at different trade_offs.then you have Eo acquire one more.
Ifgre move
Conrad:
Oacy :
Conrad:
it to the north
I'm adding a new rcad.
That's Schlenk's house.
house there ?oh there is a
EHINHISSEN
6s0 couLrER DRrvE . p.o. r?I;igr;-,"#tNHAssEN, MTNNESoTA 5s3r7
MEMORANDUM
TO:
FROM:
DATE:
SUBJ:
Planning Commission
Barbara Dacy, City P1 anne
February 25, 1988
Zoning Ordinance Amenalments
Staff has prepared recorunenda E.ions for three issues tabled ordiscussed at the last meeting. The Commission's recom.rnendat ionswill be considered by the City Council at the March 14, 1988,
meeting as part of their final action of the codified ordinances.
Each issue has been placed on a separate page.
CITY OF
I Add Section 25 to Article VI, Supplementary Regulations toRegulate Construction of Metal Buildings.
ANALYS I S
RECOMMENDAT I ON
Planning staff recommends thefollowing motion:
Planning Commission adopt the
"The Planning Commission recommends approval as follows:
Section 20-902 Building Construction in Business, Office andfnstitutional , and Industrial Office park Districts.
The Planning Commission tabled this item for further research.The Commission felt that the language should not be too restric-tive. The Cit.y Council briefly discussed this item at theFebruary 22, 1988, meeting. The Council identified several netalbuilding exteriors with a finished surface or coating which theyfelt would be just as appealing. They concurred with thePlanning Commission's recommendation that the primary objectivewas to prevent "po1e barn construction,,.
The following is based on the City of LakeviIle's ordinanceregarding building construction. The Building Department hasreviewed this and concurs with the proposed languige. Galvanizedsteel or aluminum materials are used for pole barni. The pro-posed language would not prevent the use of vinyl coated metalmaterials or metal integreated rrrit.h other construction materials.Attached is the LakeviIIe ord.inance. The planning Commissionshould evaluate whet.her or not it wold like to include other pro-visions listed in (b) and (c). Staffrs recommendation includesonly the flrst item since that was the primary objective of theCommission I s recornmendat ion.
a) No galvanized or unfinished steel , galvanized orunfinished aluminum buildings (wa1Is or roofs) shallpermitted in the Business, Office and fnstitutional ,Industrial Office park Districts.
oe
and
(6) No excluded roof equipment or structural element extending beyond thelimited heisht of u' uLiiJirs ,ii';;;;;y'r;;; than twenty_five (25)percent of the area of such-roof nor e-xceed ten (10) i.""t ,ni.ir-'othen{i se no ted.
** 11 .4 Buildin T and Cons truc t ton.
l) General Provisions
(6)
a) No.galvanized or unfinished steel , gaivalum or unfinished aluminumbuiidings (wa1ls or roofs), excepi lhose ipecifically inienaeJ"'-"to have a corrosive designed finish such as corten sieel shari bepermitted in any zoning district, except in association rvith farmingacti vi ti es.
b) Buildings in a1l zoning districts shall maintain a high standardof architectural and aesthetic compatibility with srriornaing- -'
properties to insure that they will not advlrsely impact theproperty va'lues of the abutting properties or ad-versely impactthe community's pubiic health, sifety, and general welfare.
c) Exterior building finishes shall consist of materials comparablein grade and qua'l ity to the foliowing:
Bri ck
Natural Stone
Decorative concrete bl ock
Cast in place concrete or precast concrete panels
Wood, provided the surfaces are finished for exterioruse and wood of proven exterior durability .is used, suchas ceda r, redwood, cypress.
Curtain wa11 panels of steel , fiberglass and alumindm,.(nonstructural, nonload bearing), provided such panels arefactory fabricated and fihished with a durable nonfadesurface and their fasteners are of a corrosion resistantdesign.
Glass curta in wall panels
Stucco
(1
IZ
(J
(4
(5
*Amended by Ordinance #248, June 1B, l9B4
6?A
f\.
(7)
(8)
Amateur radio towersmit in alI tlistricts shalI receive a conditional useprior to installation.per-
3 In all residential districts, onlyare permitted per 1ot:
one of the following
a) Satellite Dishb) Amateur radio towerc) Ground rnounted vertical antenna
A ground mounted satellite dish shall not exceed fifteen(15) feet in height above ground Ievel.
No ground mounted satellite dish, amateur radio tor{er, orground mounted vertical antenna shall be located withinthe required front yard setback or side yard setback.
Ground mounted satellite dishes, amateur radio towers,
and ground mounted vertical antennas shall be setback fromall adjoining lots a distance equivalent to the height ofthe dish, tower or antenna. If a portion of the tohrer orantenna is collapsible or securely fastened to abuilding, only the portion which can ia1l will be used todetermine the setback from property Iines. LocationshaIl not adversely obstruct views from adjacent property.
A building permit shall be required for the installationof any saEellite dish, amateur radio tohrer, or ground
mounted vertical antenna. Building permit applicationsshall require the submission of a site plan and struc-tural components. When a satellite dish or radio antennais locaEed on the roof of a building, the applicant shallfurnish the CiLy BuiIding Official liith building plans
and structural components displaying the means ofsecuring it to the buildiag. The Building Official mustapprove the building plans before installatsion.
Each satellite dish, amateur radio tower, and ground
mounted vertical anLenna shalI be grounded to protect
aEainst natural lightning strikes in conformance withthe National Electrical Code as adopted and amenCed bythe city.
SatelliEe dish, arnateur radio tohrer, and ground mountedvertical antenna, electrical equipment and connectionssha1l be designed and installed in adherence to LheNational Electrical Code as adopted and amended by thecity.
4
5
5
7
8
9
2. Section 20-915, Antennas, Satellite Dishes, and Amateur RaClio
Towers .
1. Satellite dishes, television antennas, and ground mountedvertical antennas shall be permitted accessory useswithin all zoning districts.
2.
Staff recornmends the
20-1 , Definitions:
following definitions be added to Section
Antenn? - A system of wires, po1es, rods, reflecting discs,or similar devices used for the transmission or rec6ption ofelectromagnetic waves, which system is internal to oi attachedto the exterior of any building or tovrer.
Communication Transmission Towertransmitting or receiving antennafor commercial transmissions, incradio stations and dispatch syste
Amateur Radio Tower - The structurereceiving antennas are located which
commercial Cransmissions.
- The structure on whichs are located which are usedluding but not limited to
ms.
on which transmitting orare used for non-
Ground l4ount.ed Vertical Ant enna - An individual verticalantenna which is mounted in the ground.
Section 20-904, Accessory Structures.
Tennis courts and swimming pools cannot be locatedthe required fron! or side yard and sha1l maintainrear yard and side yard setback of t.en (I0) feet.
Detached carages and Storage Buildings.
1. No detached garages and storage buildings in anyresidential district shall be located in ttre reluiredfront or side yarC. Detached garages and storafebuildings in the RSF and R-4 districts shal1 nof.exceed 1000 square feet in size and shall not occupymore than 30t of the area of any rear yard. a reai-yard is measured as the area between the rear wall ofthe principal structure and the rear lot line.
Detached garages and storage buildings up E.o andequal to 200 square feet in size shall have a rearsetback of five (5) feet and a side yard setback often-(10) feet. Any detached garage or storagebuilding over 200 square feet up [o and equai to themaximum "I 19q0 sguare feet sha1l have a rear yarCsetback of fifteen (15) feet and a side yard setoackof ten (10) feet.
( a)
(b)
(c)
2
3. Detached garages must be architecturally consistentdith the principal structure.
4. A detached garage or storage building shall have amaximum height of twenty (20) feet.
Tennis Courts and Swimming pools.
1 1n
a
2 Tennis courts and swirnming poolslots shall maintain a setback offeet from the ordinary high watefeet from the side yard.
located on riparianseventy-five (75)r mark and ten (I0)
In any residential district, no accessory buiLdingstructure sha1l be erected or constructed prior t6erection or construction of the principal or mainbuilding but may be erected simultaneoisly.
or
the
R-4 Districts regulations would have to bealso for heiqht of accessory structures.
*NOTE:RSF and
amended
TiE A- Erhrn
775 Wcst 96th SEect
Chaska, Minncsota 55318
February 19, 1988
nt Comm'i ss i on
Subject: Accessory Building Restriction in Resjdential Areas
}le recently discussed applying restrjctions to the size of accessorybuildings in areas zoned residential . The result was that the Planning
Commission recommended that the sizes of accessory buildings be I imited to
1000 square feet in the RSF district.
I believe the same good reasoning appl ies to all residential areas including
those in the A-2 and RR-l districts. I be'l ieve residential areas in ruraldjstricts can adequately be defined by al1 lots which are 5 acres or less insize. |lhat makes these sub-divisions similar to those found in the RSFdistrict is that even though the lots are larger, they are clustered and
form a nei ghborhood.
For example, how would it Iook if people in Hesse Farms, Pioneer Hi1is, and
Riley Lake lJoods started building pole barns? I therefore recommend that we
include the restrjction on accessory buiiding size to all Chanhassen lots
which are 5 acres or less in size.
Secondly, I bel ieve we are already expeniencing a problem where people build
detached garages (accessory bulldings) in residential areas which do not
arch'i tectural I y match the primary structure (house) and are totally out of
sync with the esthetic values of the neighborhood. These buildings, mostof whjch are metal , prove to be temibly unsightly. Homeowners have'invested a lot of money into building architecturally pleas'ing and conform-
ing homes and expect to have this investment preserved.
Therefore, I also recommend that any accessory structure larger than 200
square feet on lots of 5 acres or less in size, must have exteriors made of
the same matenial as the primary structure. Again, this should apply to al I
residential districts, RSF, RR-1 and A-2.
\
'/r, --.,r
Tim-A. Erhar
q
CITY OF
EHINHISSEN
5s0 couLrER DRrvE . p.o. r?J;i3r;-sltNHASsEN, MTNNESoTA ss317
MEMORANDU!{
TO: Planning Comnission
FROM: Barbara Dacy, City
DATE: February 25, 1988
SUBJ: Review
BACKGROUND
Planner
Proposed State Enabling Legislation
The Governor appointed an Advisory Council on State and LocalRelations (ACSLR) to review the planning statutes commonlyreferred to as "enabling legislationn. These statutes enable
municipalities, counties and tor,rnships to create zoning ordinan-
ces and. other laws regarding the control and development of land.
The ACSLR was composed of several members from 1oca1 and county
governments, the private sector, and attorneys. In fact, Roger
Knutson, the City Attorney, was on this conmittee. The ACSLR has
completed their review and submitted a proposed draft to thelegislature. Because of the significance of the statutes as theyrelate to all planning commissions in the state, we felt that it
was important that the Planning Commission and City Council bekept aware of the progress of this state law.
ANALYS IS
;Ci )fi I '
l*z/-rt1es .
Encloseil in the packets are several items:
1. Memorandum from Blair Tremere, City Planning Director of
Plymouth, who heads the legislative committee of the
Minnesota Chapter of the American Planning Association, sum-
marizing key comments from APA on the proposed legislation.
2. MNAPAT s proposed language regarding impact fees to be
included in the enabling legisltation.
3. A package of several letters from various planning directors
and cities in the metro area identifying comments on the pro-
posed legislation.
4. The proposed planning enabling legislation approved by the
ACSLR dated December 11, 1987.
Planning Commiss ion
February 25, 1988
Page 2
It is recommended that the Commission focus their attention onitem #1, the memorandum from Blair Tremere. I{r. Tremere sum-
marizes the key issues very well. It is also recommended thatthe Cornmission focus on item #4 as it shows both existing andproposed language. We can use Mr. Tremerer s memorandum as adiscussion guide and lve can point out ot.her issues as discussionproceeds on this item.
I
MEMORA
TO:
FROr't:
DATE:
SIJBJECT:
NDUM
MnAPA Eloa rd
Blair Tremere
December 4, 1987
UPDATE FROM LEGISLATIVE COMHITTEE
The Cormittee has met several times, at its own direction and at the invitation of the
Governor's Advisory Council on State and Local Relations (ACSLR).
At least three drafts have been received by the Cormittee from that group and the most
recent has been reviewed in detail by the Committee.
Several Committee members have submitted coiment in writing and I have attached those
since they represent nost of the broad concern.
The Comittee tried another exercise at a couple of meetings where'rpluses and minuses'r
of the proposed changes were discussed.
PIuses
The Legislation consolidates existing scattered
regulation. It represents a hybrid and it gives
governmentrt which now becomes a ,nore generic term
which are involved with land use regulation.
provisions for land usea firm definition to 'rlocalaII inclusive of those units
the years,
e I imi na ted
than the
The consolidation and rervriting tends to make the enabling Iegislation easier to
understand.
The approach is legally sound and recognizes certain principles which have been
established by the court and by practical experience in various iurisdictions.
The comprehensive planning is tied
implementa tion measures.
more closely to official controls and
Provision is made for impact fees.
Official mapping is discussed and no longer requires a center line basis.
Minuses
Provision for site plan review is omitted.
Important features of the Municipal Enabling Act which have evolved over
often from experiences ln the metropolitan area' have been dlluted or
since the authors generally followed the County Enabllng Act raEher
Municipal Enabling Act.
No allowance was made for a hearinq officer.
Memorandum to MNAPA Ebard
December 4, 1987
Paoe tno
No specific allowance was made for a desiqn review board (as an option).
More riteral and rigid consistency is required between t.he Land tjse Guide plan andofficial controls ( zoning).
The rigid and very prescriptive approach to the rore of the Board of zoninqAdiustments and Appears wirl prove to be impracticar and politicaLly unfeasible.
The effort to depoliticize the variance consideration and grantinq power of localgovernment is not a rearisitic endeavor. rt may serve to define an idearadministrative and legal environment but it does not match up to politicar andpractical real i ty.
The proposed act very notibly did not repeal the Hetropolitan Land planning Acteven though comprehensive planning provisions of the Municipal pranning Aci andCounty Planning Act are repealed in favor of newly rritten material.
The intention of the drafting committee that this was ,rbeyond the scope of theircharge" is difficult to understand of even accept. There is no clear bdsis forcontinuing a discrimination which finds a separate comprehensive plan standard for.metroporitan municipalicies, i.e. "local governmentsr' since any speciarcharacteristics or relationship inherent with metropolitan municipalities could bereferenced in the overall generic law. serious consideration ot tnis proposed billwithout the companion repeal of the Hetropolitan Land planning Act will be verydifficult both pracLically speakinq and politically speaking. The same argumentsthat could be made for retaining the Metropolitan Land pranning Act could bj rnade,by metropolitan communities, for retaining the Municipar Enabling Act. rn otherwords, the rewritten Enabling Act would be onry applicab-le to those rocalgovernments other than the metropolitan municipalities.
The Co nittee' to dater has been loosely structured trith parties interested in thlsparticular subject.
rt seems that the charge to the cormittee should continue: keep monitoring thisproposed legisldtive effort and identify key steps in the process particularly- tto.uwhich-seem to be leading to an introduccion of actudl legislation. there is a need toidentify those political interests which will be considiring the uLtimate bilr and torelay to those interests what the concerns of practicing planiners are.
other Coirnittee Interests
I have also been asked to coordinate the pLanninq and production of a seminar which hasbeen generally discussed by the Board. This seminar would focus on at reast thesubJect.of the-Enabling Act_ rvork and would probably involve a presentation by a knownexpert in the field of enabling legislation.
tjsi.ng a nominar grant from National ApA, and rocar funds, a video tape could be made ofthat presentation so that subsequent education courd be provided via the tape to anyinterested party (Hinnesota and outside Hinnesota)
I talked to Robert Frellich' the Kansas City Attorney who is known for his lvork ln thearea. of comprehensive planning and subdivision regulitions. His offtce has done workln tne drea of enabling legislation and he indicated an interest in possibly assistingthe Cormittee in that ef f ort.
I'lemorandum to MIIAPA Board
December 4, 1987
Pdge lhree
I also had an opportunity to talk to Frdnk So of the National APA 0ffice and he
mentioned some possible known contacts in this regard.
Specific direction is needed, horever, as to yyhat the MnAPA really wants. I am
prepared to use the resources of the Corrnittee to get the ball rolling but it is not
clear to me yet exactly nhat the final product is to be and what the timing should be.
I view the effort now as an educational effort for APA members as well as other
interested parties. If there are broader topics to be discussed at this presentation,
then these should be specifically detalled as part of the progrdm non.
Last, but not Least, the exact financlal resources should be defined so that we can
have a good sense of what we can afford.
Attachments
BT;if
-(SUBDIVISION 5.IMPACT FEES
(c) the fee
ant 1c l pated
! loca). goverDDent lT1! nay collect or assesa an 1trpact feeto be used for pub11c lurposee ,urcu--ilv--t"Iiii. trr.dedlcatloD or deveropneat' oi part i"ua,--t""""i"Ii"tro"related lnprovenents, storn -"ir.r lDprovements andreteEtlon areaa, "199 ralks, 11ght1Dg an-a urrE""v". Theloca1 goverEDeDt u:rlt _nay "6rr."i, feiy ano-a"".i"=r.rt o"accept dedlcatl0a of taao vhen a perDlt 1s ls'ued that1E1t1atea tbe con6tructloo oi a pr-oJect on a property.rurfg^ -deveropnent curre'try ertstE'tuit-vrri-ure'a-iuurrcfac111ty, the local governient uoii n"y levy an asselsnentfor the constructlon or tu-e pub1lc-iacririi.- i" irp"It r""or assesEneut Eay Dot be collected unless thi: loca1governDetrt unlt bas adopted tbe followlug pians andprocedurea:
(a) t plan has been adopted rrhlch l,dlcates the Deed forlnprovementa or developnent of a publlc facfffty; -ana
(b ) a. flve yegl - capltal lnproveneDt progran has beenadopted vhlch lndlcates the antfi:fpEted cost andpotentlal. t1nlug for the constructlin of the publlcfacll1ty or -the i.Dprovetrent ls ideDtlfled 1n i tongrarge plaD that lDdlcates poteDtlal fuadlng sources;aDd
(d) the local unlt of governnent Dakea a flndlDg that thefee or assessEent 1a related to a p.operty or area.
Fees or aaEessDetrtg pald shal 1 be placed 1n a speclaL fundto be used only foi pub). lc purpoies for yhlcb the fee oraasessment has been establlshed. The local unlt ofgovernnent Eay establlsh a geograpblc dlstrlct aroundpropertles.
//U
tr//4
or asaessEeEt aEount ls rel.ated to thecost of the publlc faclllty; and
E//n
September 1.6 , 1987
Governor's Advisory Council on Stateand Local Relationsc/o Steve Rec kers
Minnesota State planni ng Agency
550 Cedar StreetSt. Paul, MN 5510I
LAND USE LEGISLATION STUDY
The City ofLegislation
the specific
Maplewood supports the proposed changesStudy draft dated August 3, I987, wiLhchanges recommended below:
in
the
Land Use
except i on of
I. Page 4, line 15
Change "and" to
Comment: The proposed definition excludesresidential PUDs that are not ,,mixed Iandthese as PUDS.
nonres ident i a1 pUDs anduses". Our city aLlows
minor residential
"or".
2. Page 5 I i ne 4
Insert the word "major,, before the word ,,streets".
Comment: A land use map should not have to includestreets.
3. Pa e 5, I ines I3-).5
Subdivisions should be allowed on existing streets,AS th ey
Delete
Commen t :are now.
4. Page lines 23-245
DeIete
Comment: Thewidth or arearegulat ions.
ad j us tmen t
ord i na nce
a common lot lineshould be subj ecc
of
and
may violate a minimumto subdivision
5. 9a9e 11, line 2
The city council should not
adj ustment. This shoutd becity council feels that the
make decis i ons on variances.
be excluded from serving as the board ofan optional choice for each city. Ourpeople who elected them expect them to
5. Page 11, line 8
Change to "may".
Comment: t;i th t$ro planningdifficult and unnecessary toof adjustment.
commrsston meetingsget a volunteer to
month, i t is
serve on a board
each
aLso
7. Page 13 1i ne 8
Define what kind of notice is required to the public.
8 . Page I4 line 36
Revise as follows:
the appl icant or .
Comment: The findingan honest, but costly
rdr ong locat ion. AIIow
9 Page 15 1i nes 8 and 9
Delete "nor good faith
Comment:See comment
16, 1i nes I010. Pag e
12. Page I9, Iine 25
Add after "pIan,,:than shown on the
(3)"the variance was not intentionally caused by
in the draft may preclude grantingmistake is made, such as Uuitding-athe city some discretion.
a variance if
house in the
improvement of property,'.
on item 8.
and 1l
comment: sending a notice immediatery is unrearistic and unnecessary-It often takes a teek or.more to get minutes transcribed and typed.Since the applicant and interested public are generally at themeeting, they already know the board's decisioi. rt i; nJt-n.".="..yto send notices of the decision to the appr.icant oi -pruri" -unLess
requested.
Revise as follows: "to any person who requests it.',
I1. Pag e 16,Iines 22 and 23
Commen t :
conce r ned
Lrher e 1a nd
"where land is zoned for aci t.y Iand use plan,'.higher intensiEy of use
Counc i I should bethe Iand use plan,
than shown on the
We agree that the state and Metropol-itanabout inconsistencies between zoning andis zoned for a higher intensity of use
Replace "receipt of notice of the" with.of the board,s decision,,.
Comment: The onlv tray to determine the date of receipt is to send anotice by certified m;i1. tt i=-.i"o--'ioa n""".sary to send a notice.See comment on item 10.
pIan. A significant acreage of this kind of Iandadverse effect on planning for regional systems.Act should be amended to require ihat the zoningcons istent in these cases.
Add "or the administrative
commission".officer" after Ehe words ',planning
admin i strat ive officer needs toresult of a related app).ication.
couLd ha,,,e an
The S tate planninq
and Iand use olan f,e
initiate a
We question the timeliness of rezoning, when the present zonrng isless intensive than the land use pt.ani yuny citiLs aefay ttris type ofrezoning until it is requested by a developer and a specif i.c plan isproposed. This alrows-the.city lnd neighborhood to sle wnut they aregetting and negotiate for improvement ii needed. This straiegy isespeciarly important when rezoning around singre-aw-iiinq-n.ignuor-hoods. -Most neighborhoodq witl oipose iezoniig witnoui ip..ifi.proposals, because they fear the uirknown and aisume the w.orse.Whether a city chooses to use this strategy or not should be a localzoning decision. The state or Metropolitan councir should not beinvolved, since there is no adverse "fi".t on regional sysLems.
This is
13. Paqe 22 , lines 34-36 and DA e 23, li nes I-2
an exce.l. lent change which our city strongly endorses.
e 23, line 814. Pa
Comments:
rezoning,
Occasionally
particularly the
as a
15. Page 27, Line 28
Delete I'but before f i).ing of the subdivision,'.
Conunent: Maplewooda building permi t.
1i ne 34.
16. Page
collects a park fee for each houseThis is consistent with the impact
before
fee on
issuing
page 22 |
40, lines I0 and 1l
Replace "af ter
" followi ng the
a properly completed application,' withcominencement of the public hearing".the word s
comment: -This change is consisEent with the same change that isproposed for subdivision approval on page 29, Iine A. 'Tt"--"i*.justification stated in the margin on- pig" 29 applies teie.--
17 . BaJe 4l-, lines 25-30
Delete
staff in a deve).opi ng
appl icat ions areCities must haveapplications. Since
Comment: 45 days is inadequate time for a smallcity during a busy construction season. planning
somevrhat seasonal and dependent on the economy.flexibility in setting priorities for processing
most cities are opposed t.o hiring more planners, the result of aday limit may be less quality in staff reviews. cood staffpreparation reduces council and planning commission review time.
18. Page 42, lines 19-2I
Replace "boundaries of the entire property owned b)r the applicant thatincludes the subject property" with the words "area to be changed".
Comment: In the case of a large parcel, only a smaLl part may be thesubject of a rezoning or conditional use permit. Measuring the 359feet from the boundary would be excessive and contrary to the intentof the proposed revisions to this statute-
I9. Page 42, lines 32-35
DeIete
Commen t s :requiring
ex ces s i veintent of
Where the subject parcel is surrouodednotification of the ten closest ownersnotification beyond 350 feet. This isthe proposed revisions to the statutes.
by large parcels,
could result incontrary to the
29. Page 43, Iine 14
Add the following words after
may require that the names and
an abstract off ice".
"owners":
addresses
"However, a
be comp i 1ed
loca1 government
and certified by
Comment: Our staff does not have the time to compile these lists.Allowing the applicant to prepare lhese lists occasionally resultsunintended and intended omissions. Cities should be given thealternative to require certified lists from an abstrait office.
1n
2L. Page 43 , Iines 30-35 and page 44, line I
DeIete
22. Page 44 , Iines 20-21
comment: The explanatory text to the left applies to this section aswell as subdivision 2. Having the public call city halL for zoninginformation minimizes error and misinterpretation.
Delete the words " andgovernment uni t".
official controls adopted by the local
Comment: The intentions of this ameodment are good, but it is notpractical. we have several files full of unused zoning ordinancesfrom adjacent cities, in our case eight. If we are coisidering arezoning on a border and we rrant to kno!, the zoning in an adja-entcity, we artays carr. we cannoE depend on the zoning ordinance in ourfiles being current. Zoning ordinances also may r"qiire interpre_tation by the ci ty.
23- Page 47, Iine 36
Change I987 to 1988.
Comment: This will make Ehe dates in }i.nes 30 and 36 consistent.
24. Authorization and procedures are included
commission and board of adjustment but not for
Our city has had such a board since 1972.
for a pl ann i ng
a design review board.
*/
///,'
z':lC(kiez'r
PROPOSED PIANNIIiG I.EGISIATION
HnAPA LECISIATIVE COHHTTTEE REVIEI,I
11-5-87
TECHNICAL REVIEW
L Page 5, Sec.1, Subdv.17 - The delecion "creacion of leasehold
interescs" and insercion of ,,division" has che effect ofperBicting subdivision regulacion only when streets are
2
3
4
Page 7, Sec.3, Subdw.3 - The auchoricy co prescribe feesalso include applicacion for appeals or variances.
Page 28, Sec.11, subdv.4 - Platcing required uhen a divisionoccurs of "five or Eore lots or parcels vhich are 2 L/Z acres orless in size". Unclear - does chis nean "five or nore lots,, or"parcels < 2 L/2 acre in size" or does ic trean Ehar che division
rtrust concain five or more lots gEd chac those 1ocs be < 2 L/2acres in size before iE Eusc be platted ?
Page 32, Sec.11, Subdv.S(5) - This exceprion clause co subdivisionregulacions confliccs viEh the revised definition of ,,subdivision,,
on page 5, Sec.l, Sudv.l8(a) uhich served ro deleLe ir.
crea Eed.
should
Page 32, Sec.Ll, Subdv.S - This clause refers to a waiving ofsubdivision regularions "with the foregoing resEriccions,,. Irdoes noc define ,,foregoing,, in ceras of the preceding Subdivision,Section or entire Chapcer. A scrict reading r.rould be only anabilicy ro r.rai.ve rhe rescriccions lisced vilhin the sameSubdivision- This rrould Eean ChaC cerCain other provisions of theregulations could not be waived, parcicularly che public hearintrequiremenr (page 29, Sec-11, Subdv.5) or platcing requiremenc(page 28, Sec.11, Subdv.4). The language of chis Seccion placesthe authoriry Eo saive the regulations virh the governing bodr-, inapparenc conflict r.rich Section 6 vhich gives the board ofAdjuscment auchority for relief from all official conrrols.
Page 41, Sec.17, Subdv.l - pubtic hearings nor.r required for allvariances. This appears to be overkill.
Page 42, Sec.17, Subdv.2 - Mailed notice of public hearings wouldbe required for all variances and all subdivisions. TheregulaEions provide Ehar differenr provisions nay exisc forvarying classes of subdivisions (page 25, Sec.ll, Subdv.l), so irwould be appropriare co allou roore local flexibility on vhenmailed norice should be made. Differenc thresholds are seE formailed notice for rezoning hearings; these thresholds are Ii.stedconsecutively in a somevhat confusing manner-
Page 43, Sec.17, Subdv-3 - This clause aurhorizes the governingbody to delegace che conduct of public hearings to the plannin!
Commission or Board of Adjuscoent. This permissive languageappears co conflicc r.rich alL of Seccion 6 shich places ill relieffrom alI official conrrols !,irh rhe Board of Adjusrmenc.
5
6
7
8
PHILOSOPHICAL REVIEV
Page 19, Sec.8, Subdv.l - This clause requires consistency vichzoning regulations and che land use map of the coroprehensive plan.
CurrenL legislation requLres consistency with Ehe encire
cornprehens lve p1an, i.e., policy, rshich is a superior approach.
Page 27, Sec.l.l, Subdv. 3 - Llnes 22-25 appear co auchorize cash
exacEions for all fonns of public }and dedications besidesparkland; this is an improveroenE over currenc legislarion.
Page I0, Sec.6, Subdv-2 - The provisions prohibiCing any eleccedofficer(s) froo serving on Ehe Board of AdjustDent. are notrealisric, especially in lighc of the li.nliarion of only one
nenber of the Planning Conmission being able to serve on rhe BA.Subdv. 5 (page 12) also gives che BA exclusiwe auchoricy co granrrelief frou all official- concrols; the need for rhis has nor been
demons trated.
Page 17, Sec-7, Subdv.l - Thls clause discusses the preparation ofa conprehensive plan. tlhiLe input fron other public agencies isrequired, chere is no nention of cltizen input. Such iupuc shouldbe required if the p).an is acrually represent conEuniEy needs anddesires.
1
2
2
3
4 Page 28, Sec.lI, Subdv.3 - Lines 4-7 require actual accepcance ofdedicated land prior co filing of subdlvision plat. There aretines where che local unic of toverneenc does noc tant tirle uncilcercain improvenenEs are cornplete.
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NOV illi
COiII}lENTA R Y
The role of the plannlnq COMMlSS ion.
A mandatory provision is. for the planning commission to prepareand recommend for adoprion, -"olp'.-J"n"ir" pi"i.*r".r.l-n"l".ringthe responsibilitv. to _prepare tie .orp."hen"ive plan to theconmission is a signiri""it- o.o".a"i" f ron generll standardpractice, parricularly in ,nirI- oi-'professionai pr.nnirrg staff. Sovernment which have a
Making the commission -responsible by 1a-r.r for an administrativeresponsibilirv vou.l d also ;"qr;;;- rflt ,rnu
commission be given abudget and siaff ro.carry out Lhese r e s p o n s i b i 1 i t i e s . Mostcities and counries in rhe ;;;."-;;"i;.n area, and roany in theoutstate area have a -prof e s s i o n." f- I j, i n i s L r a ! o r who. in mostinsrances has srruggled .;-;;;;.'.iir" adminisrrarive sraffcontrol under the Jr.c_t"a p.ii;;'i.tr"g bod y of the unit ofgovernment. This proposal go"= .oni.u'iy to tnat arrangement.
l.l;':":;:lllBfX'rll"'ision vourd be to make Ehe local sovernmenrrh.'i;i:;""0'o;;,;:..,0.1"rr;Jrtrrii.o":0".1..,.if "0...i1;""J"";;i;1";;ff;carrying out the policie"
";^ ;".-'.tJ."t"a body, una woul j beresponsible for making. recomnendations on planning matters to theelecred bodv ' The "direcf"l'-i"rii"
Ir"-. be responsible forprovid ing staf f se-rvice to -;;.- planning commission.I(ecommendations of n_rof essionai ""a;;= on pl.anning matters .,ouldfirsr be made ro rh" pi;;;i,;"j;r;l:"^r"n., rhe p1 "nningcomnission would make
. it= .".'o,or?"a-Ja,io^" to the utecJJ..uoay.For exampre rhe comnrehensive -;i;;";;;i;
be .drafted by rhe sEaff;:fl .,;:;:?iix. ij,#. uj:.":; i l:.}":::ii:i r" .
wh ic h,,o, ij ".,'a, i.,then recomm."a tr,"' pr";-;;-.;".-.=.",;iii, rliLoo"l:i:l:r., etc.' and
Accornpanying
on this andrecommendat
accountable
entiEled to
employees.
the pl ann i ng c ommi ssion - re por t and recomoenda t i on sarr orher narrers votld be ; -;;. -;;"i;
anaryses andt ?:;' "t-;lX"r r'rt, r'""" t h e e 1 e c I e l" i
"
o,' i n t c h i s h e 1 d
i,
" "
.
"
n a' l"-"' ; ; :,' ;. ir'":
"
i J"'"tr" ".i"irlr""l . " : r;i i ;
"" ;i . : ;
The planningwould thus bjudgnen t and
commission, consistie a d v i s o r y'.
"-
-.
n-"
-
i i I ! . 3 :' i,'"
ro r.
." ;. T",,"rT r, joto..t., .
I i ;recommendarions directly to -itie 1a"".-a"# ,oor.
Gene Franchet t
Gene FrancheEt
& Associates
September 1, 87
This suggest.ed arrangement would also keep - staff responsibiJ.i tyvithin t.he central admj.nistration, -"na ulfo, for the electedbody to have Ehe benef i.t of hearlng directly f rorn both itsappointed planning commission and i-ts. profes"i;;;i ii"."r"gstaff . As such it is an administi"trr. lmprovement in theconduct of 1oca1 governmenE.
Fe^'. /,5,nro }hur,'=
n/zf a -t
d
few recornnended addl c ions . All
concain rcquireoencs chac nus E
of chera are addicions co
be oec before a plac is
ee
HlnnoroEe SElrur.s, Chapter 505, SrcElons 505-01 chrough 505.1792.1986
Gulde co Rcconnendaclons
SoD. srcclons of chapccr 505 concern land usc concrols (subdivision
concrols) and ochars do nos. For chosr sGcttonr or subdlvtsions ofsccctons chac do not. you stll f1nd, follovtng Ehc sactton nuabcr andcltle, only a vcry brtcf coraoene indlcrtlng ln wcry gcncral crrEs rhcsub,'cc of rhac sccElon or subdivlsron. Th. s.ctron or subdlwtsron icselfis noc lncLudcd..
For chose secclons or subdlvtslons chat do conclrn or rallEa to Landusc controls, you vlll flnd onc or aorc coDEGn!! afcar cha sactlon nuebcrand tltle, usually lnEedlacely prcccdtng thc scctlon Languagc orsubdtvtslon Ehac Ehey rcLato co. Ihcsa couacnca t,lll. staa. tha rcason orrcasons vhy an a.ucndaanc or delccl,ori of thrt sac!lon or subdlvlslon terecoElendod. Ttte cooEancs *.,s,r"liy conccrn only one sectlon or onesubdlwtslon. In one lnstancc, Ehc collDenE follovlng chc nuabc r and tlclefor scccton 505.09. chc cooacnt rclatls co scvcral sccctons, sections
505.09 chrough 505.13.
Folloulnt lhc co@ant ln cascs vhcrc an aEGndn€nc or deleclon lsrccoucndcd, ch. sccclon or subdlvlston v1ll, appcar ln lts .nclrccy, l,trh
rccoutndcd dclcclons rnd add,ltions shovn by cross-oucs and undcrlinlngrespecclvely. SecElon 505. Ol is an cxccpcion; 1E appears as is, forinforuaclon onJ.y.
There arc ve;y
subdlvlsions thaE
f 11cd rnd rccordcd and add che rrqulrcecnt tha c che subd lv i s lon has beenapProvcd u:rdrr subdlvlston conErols adoptcd undcr Ehe netr plannlng larThc dclctlons faLL lnto chree cacegorles Flrsr, chos e deleclons ofall or parts of secclons or subdlvlsions thar slll becooe redundanc if thenev plannlng lav is passed b.causc chey dupltcrca auEhorlCy lnlar. In sooc g.156s,ch.y arc also rcdundrnt undar prcscnE
the new
Second arc chose dr le c tons
Ian
of language rhrt ulll noc bccoDe rcdundanc,buc shlch concarn land us.conCrols &nd appcar unvlsc. Co&EcnEs prcc edlngchesedelectons rrlII suggcst uhy Ehe chantcs
Ehcse rccotrocnded deleclons
arc rcco@endad. Be fo re
have an lnvrs clgatlon
arc acccPted, thc subcotr[tttec Eay wish roconducEcd co learn tf thsre are good pollcy reasonsvhy chc d.I€ red,auchorlry or requlreacnc should bc conclnuGd If rhacturns out co bc che casc, lt
deleccd froo chapccr 505, buc,
addcd to ch€ ncu planning lau.
Thlrd, and finally, are rhosc
pollcy, buc whlch, bccausc chcy
ts s r 111 rcco@endGd chac thc language bc
rathcr Chln b. Lng droppcd. alrogcchcr,be
delcClonr ChaC app.rr to conscitute tood
concern Iand usG conErols, should be in
The nos c s !gnl f!canc
re utr es tha t
Ehe nev planning lal, lnst.rd of chapcer 505
^V\xr$ '
t/ ...
'?{*'
delecion in this cacctory, nov {n sectlon 505.03(2),
pre li.ninary lac
highvays b. sGna for rGvt Gi, Eo thc rclevant hl ghuay de PartEent
Ehc Propos.d, lcgtslacton as
Governor, s Advlsory Counc 1I
1987.
ceru
che
"ProPosed plannlng 1ar" 6qsn.
Land Use Subcommictee of the
on Scace and Local. Relaclons as of July 14,
Throughour ch.rccoEEcnd!c1ons the
approvcd bv
2
RccomnendaElons
505.01 PIATS, DONATIONS
COHHE T: S.ctlon 505.01 sCeCcs Ehar Chc rccordlng of a plac causes aconv.yrnc. of d.dlcrccd lands shogn on rhe plat. Thls Is noslnconrtrtGnc uLth thr propolcd plennlng lan, rrhlch scat.s aEr.cclon 11, subdlvlrlo., 3, chec "DGdlcrclon 13 Gff.ctlvc Eh.nchr subdlvlslon plrn ls fllcd for r.cordlnt,.
A problco uy erlsc bcceusc chc proposed plrnnlnE lauaxprcrsly provldas for th. r.gulrclon of subdlvlstons thac d.onot .pplrr .3 plrc, by chc epproval of subdlvlslon .plsns"-
Ttrcra ls no scaEuEory E.rsur. tndlcitlnt nhcn dadtcaccd landsappcertng on e subdtvlslon plan (chat !s nor a phc) Ehac hasbccn approwcd and ls r.ady to bc filed for rccordlng areconv.y.d co rh! locrl tov.rnEcrtC knlr. (Sccci.on 505.01 utll norceusG a convcyancr bectusc t-art
"oar""rrra r only placs, noc ochcrklnds of plans. ) Ttrls lack olghr b. cllEinacGd or Eedcunnccessrry ln ona of rc lcast threa says. One is co makc anaddltlon co sGcElon 11, subdlvision I of che proposcd plannlngIaw scatlng es follovr: ,Recordlng of subdivision plans vlllrcc Co conv.y d.dlcrt.d lands shoun en che plan ln Che saaeannn.r !t scctlon 505. Ol provldes for Ehe convcyance ofdcdlceted lands appalrtng on a subdtvLsi.on plar. The probleat,tth chls solutlon ls chac there ls no definicion of subdivisionplans ln che propos.d pl.nnint lau. Ic !s possible, pcrhaps
3
Ifkely, char subdtvlslon plans v[1I noc bc 1n proper fortr foruta as I ucrns of convcylng properEy.
A sacond possiblllcy, uould be co stacc in seccion ll ofEhc proposcd plsnnlnt lau ch!E alI subdlvlstons char lncluded.dlcar.d kod Eutc bc plrctrd. A chlrd soluclon vould bc colndtcarc !n chc propored lerr gtrlg d,.dlcrtlon of lands inunplarced subdrvlsl0n plan3 shllr bc by separec. lnscrue.nc.
Alchough iE !s nor rGcoEE ndcd chlE sccclon 505.01 beauendcd or d.I.t.d,, LE ls shotn hcrc ln full becausa of itsrclaclonshlp Co chG ncu planning ler.
Plats of land oay ba arda ln accordrncc slch th. provlslon of chlschapear, and, vhcn so E.dG and racordcd, cvrry donltlon co thr publi.c orany person or corporaclon noc.d th.r.on shell operrcc to conv.y tha fee ofall land so donatcd, for chc us.s and purpo!.s n.E.d, or lnccndGd, rrlth rhesaaa effcct, upon chc donor and tho donor,s hclrs, and !n favor of thedonee, as though such land rrcrc convcycd by rrarrancy dcGd- l.and donatcdfor any publlc use ln any ounlclparlty shall be held ln rhc corporace naEein trusc for the purpolcs s.t forth or lnrended.-
505.02 SURvEy; CONTEMIS OF pIAT: BOIJNDARIES.
COUIIENT: Subdlvlslon 1 glvcs dacalled. dlr.ccton for thc prcpararlon of aplec, lncludlnt [any cnglnccrlng daEai].s concerning, aoong ocharchlngs, cha nuobcrlng of tn-10cs, d.sitnaEl.n of ouc-locs,
praceoent of Eon,.Ecnts, and dasltnaEton of neasure'rnts and
boundaries, includlng boundarlcs crcaEcd by taEer.
C0t{l{EtT: Subdlvlslon 2, concalns furchcr ln sEructlons for thc p rcpara c 1onof e phE, lncludlng tha daslgnarlon of shorc llnes anCclavlElont end thc lncluston on ch. pl.r of cGrtain easca.ncs
and lhr cxcluslon of oEh.rt. It rlro rtttca as folloes: Alleaseocncs crcarad or dcdlcatcd by such plet nusc be approved by' rhc tovcrnlng or Jurlsdlctlonal I)ody or lE, aE.nc prlor cor.cordlnt of ftnel plac.
505.03 INSTRWENT OF DEDICAiION; SI'RVEYOR'S CERTIFICATE.
COI0{ENT: A.aont ochrr chlnts, subdtvlrton l, shorrr bolov slch reco@cndedd.lGElons, provtdcd an elcarnectvc rourc. of suthorlty forsubdlvlslon conErol by locel tov.rE.nc urltr. !{orc of thls tsalrcady rrdundanc and vtll conclnur to bc rcdun&nt lf theproposcd plannlng lar, is !dopc.d. A! r parcllcaL aerccr, thcaeJor cffecc of che dclct!.on rrlll be to .llov pl.tr th.E hrvebccn approvcd by cornshtpr rrlth 5,OOO or fcner pcople to bcr.corded t,lthouE prlor approvtl of thr board of counEycooalsslonars. If thcrc 13 so&. rcason uhy chls approval shouldbc raqulrad ln clrcrr.Esc.nces nhcrc th. co!.nshlp, Luc nor chccounty, ls ax.rcislnt concrol ovcr land. subdl.vr.slon, ic isrecoEeendcd thac provlstons rcqulrl.ng such approval brlncorporetrd in che ncu planning lav ssgSgj chan be continued [nChtptcr 505.
Subdlvklon 1. On chc plac shall bc rrltccn an inscruocnc of dedlcaEion,rhlch shell bc slgned end acknoslcdgcd by the osocr of Che land. AIIsignacures on rhc plar shall bc Erlcc.n nlch bl ack ink (noc batl point).The inslrue.nc shall concain a full and .ccuraEe descri.pclon of che land
5
6
Plarc.d and set forch shar parr of chc land ls d.dlcared, and aLso rorrhon, and for rhac purposc ch.3. p!r!s are dedicaced. The surr.evor shaLlccrtify on thc phc Ehat Eh! plar ts a correct represenracion of chesurv€y, thaE all dtstanccs rrc corr.cEly shorn on chc plac, thac aII
oonu.E€nEs have becn corrcctly placcd on chc ground as shown, Ehac Eheoucsld! boun&ry llncs arc corrcccly dcslgn.t.d on th. plac. If chcre areno ir6t lands or publlc hlthuays to bc destgnaCcd ln accord,ancc slthsectlon 505.02, Eh. 3un.yor shall so stace- Thc certlflcaEc ahall besuorn to bcfore any offlccr luchortzcd Eo adEjLniscer an orth. Thc -plat
rhaII,- -cxcept -in -olt!cr -t.hosa -eha!!crr -plovidc -fo! -offtoial -rupcwision -ofpl.Er -by -ounlaipal -officerr -or _bodlcr,- -totcrha! -tri!h -.n -rbr!!.c! -aRd-
ce!!ificaEc -of -e ie lc ; 'bc -prcscnrcd -for 'approval -to -lhc -oounsil -of -Ehc -oi!y
o! -loen -bo.!d -of -lornr -shcreln -lhcrc -rcridc -ovcr -5;000 -pcoplc -in -ehich -Ehr
Iand - lc- -loc.ccd;_ -.nd,- - {f- <h+ -}.nd -l!- loc.tcd- o{rt trdG-thc-lh{ta-of--any
clEy,- - og- -3g6h - torlrr, - _!han - to, -!hc - bo.rd_ -of - county- -comicsioncls - of- -chc
eounry -in -vhloh -thc -Iand -Is -localcd,
CoHIiENT: Thc dclccad langutga ln subdlvlslon 2 rcqulrcs chaE prlor ro
approval 0f prartalnary placs 10ca1 tovcrrulenc unrts ousc
provldr rn opportunlcy to revletj chese pLats Eo che scaEe
coooisslonor of ErrnsporcaElon, lrhen they includc land abuttlng
upon eny .x1rttnt or proposcd trunk hr.ghray, and Eo Ehe county
cntlnG.r, rrhGn ch€y lnclude land abuEtlng upon any councy or
councy scrEe.ald hlghuay. Such an arranteurenc is probably
dcstrabre and pcrhaps should bc expandcd co provide for an
opporcunicy co revieg plars by a rot n highrray official r.rhen
plats incLude land abucti.nt a corfi road. These requireoencs,
houcvcE, shoulat
ChapE.r 505.
bc ln ch! propos.d plrnntng lav rachcr chan ln
subd' 2' Any -ploporcd -prcI ininary -p Iet -vhich -lno,udcr-Iendr -aburrin' -upoa
any - cr({!r{at- o<- -crErb}lrhcd - trrak - h{thvey- or -F!cpor.d,- h{ghvry- +ay165 -6",
bccn - dcaltratcd' t'F -r ' "*t.cl rrc - ofdcr- -f-!*d -tn - tho- off(cc- of- -Etc -oounry
rcqordcr - chell''f-!r+r' -bc- p<occntcd- -to -th. - cooice{oncr- o{- -Etanrpo!!.EioD
fo! -hl, -vrl trGn_ cclrGrrts - rnd- rccoe€od.t{on6-. - - I*).f+..o:a ?!c}l in qa-p}stlnoludcr - Laad- obrrc<{r6_ <rpoo -er- .x{rt{i}t- orr -c! !rb}ithad - coulty- o<! -oounlyr!a!o'rrd-hlthv'yi - tt' chelr- f{rcr- bG *rbG,.<td -co -otr -oounly -cnglnccr -forhlr - r'r{ttlG -oourrcnlt - irxl- -lcootrlGnd. r ions .- _ - -prc}hln.!y - pl.t.- -lnvo}vtng
bo!h - '- -tlunk - h{ghvay' -and ' a'-highray - undcr- aou}Lt? -Jrr{rd{€cl.r- €+r+r{- -brrubEiEtcd . to_ -thc _ coaa{s.{oncr- -of - trtnlport.c{on- .srd - th. - aoi.rnt L -hitheayenginccr.- - - plcte _ ctr+I{_ iG -rublitlad - f.r- rev{av- r.t. L...c- -3o d.:a+ anior. -ecehe-troo+-rulc_ctrenccn-or_-r!!!u!or),-c{ty-,--lorfl-ot--oounty-trk{ng--final
aotion -on 'thc -prclioinary 'pI'! '- ' -tha 'ooua!rrloncr -of -!rrnrpot!.!ton -andlorthc--aounty--hithl.ry--cntinccr--.rhel}_-subq!!--!hc-_vrl!a.n--oorren!,--rnd
lccoEand.Clonr - !c - th. -
"L tI; - toun-, - oa- "oar,*a +rt<trlc _3O dtyt -af!c! -!ccaiptby - thcr- of- c{cb.e _p}re.- - -Flrrl -tcrtcn- cn- such_ pi.t- t ts ++t} +!,c},. -corrtr,- -orcounty--ohtl}-{oE-b+-ta*Grr-r&c{{--.fcer--thcsc_-rcqEirGd--ocucn!!--and
!ceo'rcndaEionr -havc -bccn -!co'lycd -o! -unEtI -!hc -lo -day -pctiod -has -eleprod.
a - {caib.Lc- -prc}inlnary - drau{nt- -o! - pfL(}c- -of - a_ -proposecl - prcl{arinary- -ptatshal}-{G-..oo.pctbl+-{o<--p,u<po,ccc-.of-_rcv{ev--by--Ehr--coulirsloncr_-of
e!anrpo!!a!1on -ar- thc- corlrlc)F +l!6troay -enginccr, - - To_ €.-rct> dr-o..!_ct on -prinrehcrc -rhal! -ba _aBtached -r -vrl!len -,!aEc[cn! _dcrqriblnt i - (1] -rhe -ou:]ce -foralid - acan!- of- dlrporaL -cf - su<fqgc- {...+!.+ -f!o[ - th.- pfo?o6rd pl-ar-tcd -arca'
6?) - thc- Lood.use -Ccsigratici- qr- -tlo,rri{rt -ca!.tor.r - of- <tre gnopoee<} -p }a E Eed
1
alca,- - (_3)_ -rhc - {o3aa16n5- -of - {ngrcss- -and - ctrcss- -co _ rhr. p<o?+s.* -p}aEEec
a!c.,- - and- {4)- _e -prcltrlnary- s{tc_ ?}cf} -for - rhc _ propo6.d- ?+ccce+ .er.ea.. -!f
onc ' rr*+ - kF - prGp'rcd' - ' - +au<r.e ' to- 'cbtrrn- -c*re - r,.{tt .' - ecalcnrs - -and
rccouncndet'0ns-of--t*rc-com'1=+ro.e<--3f--tre.o.poftat{o*-or--Ehc--aounEy
hrghway'cn6lnccr -she,I -!n-no -oanner -affco! -lhc -!1!lc -so -rhc -lands -lnoludcc
in'<tr,c - plet- -o! - thc -plrttltrt- of- - sa{d- -landr,. - - -A- oc!.8-l_f-l+cEe _ or- -o!hc!
evldcnoc -rhell -bc -rcqutrcd -to -o! -upon -Ehe -plat .for -filin6 -ln -thc -oiflee -of
ehc -ccunty - rccardcr- cr- lct{strar_ of- c{t-l!€- {,o -co -c*rc -rubalrslon -of _or -thcobtainlng - of- <rrcb -yrlttcn- coaDe(}caf _and _ rccoancnd.at{on6 _. - - -Ihe _ trooe- _ru}c
ehar!cr -or -r tr lulory 'o r!)' i - lotrn -or -oounEy -shal l -provldc -chc -ecr t iflca te -or
oEhc! -avidaner -to -thG -oouncy -lcoorder -or _regtttrar _of -Eitlar:
colftENIS Subdlvlslon 3 slll bc rcdundanc
Iav 1n s.ctlon 3, subdlvlslon 3
unlts tha ruEhorlcy to prescribc
1n "rcvtcrlng, lnwcs c tgrc lry,
.a.r,."lfor an "p.rair or orhcr
"pprolrJi r'.,.
Subd. 3. Thc -oounoiI -o! -bolrd -Eo -ehou -Ehe _pla! -has -been _afEcr -plcrcnted
aay; - trarta6. - notlfj.Gd- -!h. - ?roflFlttor. - tc.- th.E- +f-f€ac-,- - eEploy- _quallflcd
peEronr ' co- <*recrt 'ard-.rrf{f,. -ar,. - Srrvcys - and- ?I-ac-,- -and - to- d€a€<ci.nG -!hG
suleabilley - of- -c.hc -plat - t<o,o -lhc - Jtendpoint- of- -€cariBni Ey- pl.€o(}irit-,- -and
sueh -pcrscns- cha -orte-full- rcpo<ts- of- -thcir -f Lndtnt!. - _ fite courrc!}-or
board -tay -rcquire -chc -prop!ieEo! -!o -!.iqburtc -:hc -c!ey r -Eo,.n -or -eoun:y -for
Ehc - coat- pf- -such- r,crr+{ccsr.;- -!f -such- sclar{ccs-.are -r€ndercdl- by- + -sa}aricd
enployce -cf - chc- rn.,rrli.c{pcl-Iclr.,- -c*r+ -charte - thcrcfcr_ rlay- be- aoofx}ced -on -Eh.
baris -oF -ruch -enp1oy6e,-e -y,sgular -hourly; -daily.- _ueeklv -or -nonEhly -eate, _or
salary.- - - lJhen- {tre.?l-ac- -ha, _bcca - apprcved; _ it- sha,ll- b€_ so {+r.t-i-gi-ed -c-o .b\/
Ehe -elEy -or -eorrn -clcrk -o! -eounly -audIEor: -a9 -Ehe -case -uay -be.
bccause che propo8ed planntng
provtdcs to locel govcrnEcnt
fccs co defray coscs Lncurr€d
edalnlscerlng, an app I !c.r lon
8
505 . 06 RECORDING
ColCtEliI: In eddlrlon co raqulrlng ccrrlf!caalon, ecc. under sccE!on
505.03 prlor co frrrng and recordrng of a prat, secrlon 505.04
should also rcqulra ccrclflcaclon of subd.{vlslon approval orexcopclon froo approval (subd!vlslon conErols noc appltclblc)
und.r s.cElon 1I of thc proposcd plannlng Iav prlor to flllntand rccordlng. Thl.s ls {nochrr .polnc of cnforccacnc ofsubdlvlslon controls and should bc uscd in addlclon Eo thosc lnsccEion l1 of rhc proposcd, plannlng ).av b36.r."", loong ocherEhlngs, lc occurs etrllcr ln ch. "norErl" lend subdlvtsion
proccss.
In connecElon vlch Ehlr, sacrlon 1I, subdlvlslons g of chcproposed planni.ng Lav should provld.. for crictflcatlon chaclocal subdtvlslon concrols do noc apply co a prrElcular
subdlvls !on.
duly cart!.flcd, stgncd,and acknowlcdgcd,
Evcry plar, uhcn
ln sccclon 5O5.03,
controls under scctlon (rh
as P rov 1d. d
1 t ro o5 c D1 nn as I ) and uponprcscntaclon of a carCiflcaca frol lhc counEy treasurer
yrar,s taxes hevc bcrn peld, shell bc fllcd and rccorded
ch€ counEy rccordcr.
chac the currcn E
ln rhe offlce of
505.05 CESTAIN STATUTORY CITY PIATS DECIARED OFFICIAL.
CO!*{Elft: Sccclon 505.05 concerns Ehe vallde,rlon of pl.ats [ad,a or rccordrd,
abouc che Eurn of chc canEury.
9
505.05 CERTAIN STATUTORY CIfi PTATS TO BE RECOR.DED
COHXENT: Sccrlon 505 . 05
raqulrc Chet I
have rhat plac
tlvcs cGrgaln property ouners che poser co
plar fllcd bafore lg9g, bur noc yec
rrcorded-
recorded, to
505.07 STATUTORY CITIES UAy CHANGE NN{ES OF PIATS: RESOIITTION, FILING,
EFFECT.
COUUErf: Sccclon 505.07 glver sE.tutory clttca thrE havc had a na&cchangc the poucr to elccr chc nates of rccord,ad, plaEs to conforra
Co Che n.u na.ac of ChG ctty.
505.08 PREPA.RATION OF ptAT; FILING; CERUFICATION: FEES; pENAIUES.
COMUENT: In addlclon to rcqulrlng crrttficaclon, ctc. undcr scctlon
505.03 prtor co flr1ng rnd r.cordrnt of r plsr, r.ccton 5o5.og
shouLd also raqulrc ccrElflcaclon of subdtvlslon approval or
excnpci.on fron rpproval (subdlvlston conrrols noc eppllcablc)
under sectlon ll of thc proposcd plannlng lav prlor co ftltng
and recordLnt. Thls ls another poinc of enforccoenc of
subdlvlslon concrols and should be used !n addltlon to chosc ln
section 11 of chc proposed planning lau because, a.oong othcr
thints, 1t occurs cerller !n the .nornaL, land subdlvlslon
Process.
In connccclon
proposed planning
local subdlvls lon
subdiwis ion .
vl ch rhis,
lau 5\qu!d
c onEro 1s
secEion
p rovide
do noc
1.1, subdivision g of che
for cGrclficacion rha E
aPPly !o a par c icular
10
Subdlvlslon L. Al.1 pIaEs shall bc of etchar of cno standard stzcs
E.rsuring 20 by 30 or 30 by 4O lnchc: fron ourcr edtc ro ourer edte. A
bordar lino shall bc pl.c.d onc-htlf lnch lnsldc ch. oucer edg.s of che
plac on th. Eop, boctoD, lnd rltht hend sidc of ch. plat; a bordcr llnc
shell ba pleccd cro tnchrs lnsids chc ouccr adgc on rh. lefE hrnd slde of
the pl.at. A norch .rroy rnd Ehr 3caIG of chc pkE shell be shoirn on cheplsc, rrhlch rcelc shell br of such dlacnslon EhrE ch. pkc uey bc eastlylnc'rprrc'd' A prre shrll con3lr. of onr or aoro rhcoc:, end lf Eorq thanonc .rhccE, chc shGGr.c chall bc ntr.ubercd protr.3JtvcIy. Tr,ro or Eor€ld'ncl'ctr coples of each prac sharl bc prcprr.d ln bl,eck on vhrce aacsurfecc phocographlc clrd srock vlth doubls cloch beck EounclnS, oraaccrlar of cqual quarlry' onc plat shelr bc rebcllcd "off!.ctrl prac" andeach oth'r coPy lhrl1 b. rabcrlod "copy.. ona ax.cc crrnsparrnc
reproduclblo copy rhell bo prcparcd, by a reproductlon prlnc on llncncractng cl,ogh by e phocographtc procc!1., or on Erccrlal. of cquel quallty.
Ev. ry offlctal pl,ac shcn duly ..rclffca, slgncd, rlrncssad, andacknovledgcd, as provl.d..d ln s.ctlon 505.03,
( 11 of che orooosed
olanninq las) shall bc flled tn the offlce of che councy record€r,
cotcchor uith an cxact copy 8nd rn exrcc transparenE rlproduclble copych'rcof' IJhcn cha plec lncludcs boch rcSi.stcrcd, and. nonrcglst.rcd land,thc offlclal. plaE, rnd che cxacc Eransparcnc reproduclble copy cotecherntth cuo Gxlcc copl.! shall bo fllsd elch chG councy rccordcr. Theofflcial plaE rnd sald cransparenE reproduciblc copy shal.l be placcd undcr
chc dlrccc supcrvlslon of chc county rccordcr and opcn co lnspectlon onlyin chc prescnce of che councy iecorder or Ehe recorder,s represencaclv..
Upon requesc of che councy audiior of che county sherein Ehe Iend !s
o
slEuecsd, Eh. councy r.cord.r shrll causc a raproduccLon copy of rheofflclal pler, 61 of Ehc rxacc rcproduclbla copy, :.: bc oade and flledrrtlh such county audlcor, et chc Gxpcnsc of che councy.
cott{ENT: Subdrvtsron 2 conccrns rh. ccrElflcaEron of coprcs of offlclalplacs by che councy rccordcr, EhG placcs uhore bound coplesshall bc urdc avalltbl. to lha publlc, and clrcuastances undcrrhlch copics of plat, rn co bc aedc evell,abl. on rGquesr.CO!{}{EIII: Subdlvl3lon Za provtdlr alt.rnaEl .wc flllng rnd copylngrrqulrcE.nts for counthc th.E h!v. nlcrofiln ctpeblllty.COl{l{EM: Subdlvlslon 3 aupcncs scccl.on 11, subdr.vlrlon g tn thc proposcd.plennlng las, t,hlch provldar for a flnc of rr l.rsr SIOO forconvcytng a lor or parccl in vlokEton of thec subdlvlslon.Scctlon 11, subdlvlston g, horrwar, do., noc prohlbr.E chcconvryancG of land, buc only thr flllng end recordtng ofconveyaDces, unless ch. land ls d.
subdivrsion 8. ,;,::.^_":" -t"
d'scrl'b'd
" rcqurrcd rn
Subdlvtslon J of sactlon 5O5.Og, on che othcrhand, luposes a forfalcura for ai.sposing of, leastng, oroffering co scll, ltnd chsr 1g descrlbcd by rcfcrcncc ro a platbeforc Ehc plac Is rccordcd. gccausc of lcs rqleclonshtp co thaproposcd plennlng hv, thk provlslon should bc dclcred froachaptar 505 and pleccd !n sGccion 11, subdlvislon g of chcpropos.d plannlng lav.
Anocher provlrlon of subd!.v1sion j of seccton 505.0g inposcsa forfctcure of S1OO p.r EonEh "durtnt vhlch conpl.iance ls drlayed" on"any offi.cial, land surveyor, or p.rson" rrhose duEy it ls co cooplyirith chapccr 505. This seeras co fir appropriarely in chapter 505.
Subd.3. Ary - p.rrra- rrtro- -shal} -dlspc:e - of-. _ -l€e,re,- -cr _ offcr- _co -gcLI -an.r
Iand-.{.<rc.ludcd-la-.e-plat-_by_rcfcrcncc--Eo-th€-_p}ae.bcforc--Ehc-s.!c--!!
reooldedi -rha,l -forfcit _ro -Ehc -oount), -gI00 -for -eaeh -Ior,- -ot -perr -of -a -Ioe;
ro-dlspcsed-of.r- ilc,eced,- on -offcrcd; -ard- any Anv offlctal, land survcyor,or Person uhos. ducy lt ls ro coopry urch any of thc provlslons of thischapter, shell forfciE nor less chan Sl00 for each Eonch durlng shlchcorapllancc ls deleycd. All forfetcures und.er Ehts chaptcr shall berccowered ,,n en accton broughc tn thc naoc of che county.
coHxEMr :Sectlons 505.09 rhrough 505.13 provlde aurhorlcy co counCl.s
that, Ln Dany respects, dupllcates Ehe authorlcy chat councl€s
nl11 havc Co regulaCe land subdlvlslon undcr thc proposcd
plannlng law. Sectlon 505.09. requlres ch. counEy to tGt the
approval of any Eorn rhac haC appoinced a plannlng and zonlng
cooolsslon before chc councy Eay approve a plat 1n that cowa.
Secclon 505.10 requlrca a EaJor screec plan before a counry Dayexerclsa subdlvlsi.on concrol auchoriEy. Sectlon 505. ll
auEhorlzas councles co retulace Iand subdivlslons. Sectlon
505.12 dcels ylth thc Jurlsdlctton of che councy ln. a.rcas uhere
ctllcs err rcgulaclng subdlvlsion excerricorially. Ic ls
rGcolncndrd chat secclons 505.09 chrough secclons 505.13 be
dGl.Cad ln Chelr enrlreEy. lluch of lc ulll be redundanc. If
chcre 13 co bc a requlreoent chac adoptlon of a Eajor scrccc
plan precede subdlvision concrol, ic should be ln che proposcd
plannlng lar.
t3
505.09 COUNTY BOARD TO CONTROL PI.ATTINC OF I..A.'{D.
Subd!vlslon 1. Thc -oounry -board -of -eny -coun tv -shal l -have -pqes; . to -con E !o Iand - rcgulata- -Chc _plattlng. of_ -lrbdlvkion - cf- l.nd_ -af,id - the - iay{nt- o.r- -ofrEr'etr ' 'nd- oc+r''.r -publlc - ery6- {.!c+xx}G -rhc - boundarlca- of- -uuniorpa}iErer.
Thc -bcerd- shall- nor-.apg.rov+ -!ny -pllt - cf- land- ly{ng- {<> rn} -rortr <rhicb -hasappoinccd 'a- p.ro*i*&'and -rcalrt- coc{6.{o*,<roh+ -.id- unt{l-.uct} _roninteooairrlon - chcll- +lsrc -rppr.vcd- er.rcb -plat - rnd. -t+b -I!yht - of-.<<ta{+ -andoEhor -Frrbl lc -vays - shcwa_ thercon; - vh{ch- .p?<orlcL_ €+,ct-I- .b+ +ndols€d -Ehelconand -signcd -by _the -chairrran -aRd _!ca!cta!y _of .ruch -couurirston,
subd '- - 2 rho - c cun ty - board- oqr -adopc- -rc5ula t ronr -eolccrring - thc - vidrh - ofsEleeEr _ ard - cs rabl ish.acnt- ot- ?,Qbl-tc _parklng - p ltecs - vl ch- {rt}i.€tr p},or_+ -aus ueonforu -bc forc -approva l,
505 . 10 HAJOR -STREET.PLAN,
In - o<dc<- -Eo - cxcrc{sc_ -!hc - ?orar- -confalrcd - undcr_ -rco:lonr - 50j-. O9- -ec501.-I3 ,- - thc- .boerrd -cf - croufity- <orao!++t5r9n* -shaf I - prepar.- + -conprchcn.rivc
Ealo! -r E!c. E -plen -of -ehc -dlr!!ieE -lnvolrrod; -vhi<
and -!dcptcd- as- <tr+ of-f-j
rh'plan -rhal} -bc'dertgnaeed
s!ol.-nalol -strccr- plan- o{- {+}+.are&r -adFlnln8 _Ehccley-o€...r-:. ...:.:..:_--Snch-pLGr>-rra],--froa--c_irre-rc-r{@._,_.b.
ancnded; - cx Ecldc C r - or- €opf.{{.1..+-- - _In - thc - prcpantion- of- -c+lc oajor _rEleer
plan -and- {n- ctre- 'a'daln,!'t-t'er-1o., -of - tha- povcrs- trcrei.+ coofer.red,- -c+)G _boald
of - eounty- coo!,r+1oncr.+ -aay- {.'*lL- -tErc}F - of- -cttc -as! i! Eane e - of- <+}c -e!Evplenntng - coal{gs{on- of- _ thc - c-i<;r -of - chc- -f-l-r+E- -class - adJ oining- +tte -ateas
invo }vcd,
505 . 11 BOARD .TO .HAI(E .REGULATIONS.
rn -exercrring -ehe -poucrr -herein -conferred -ehe -boarct.of -couney
l/.
ooElrrlon.r,--et.{{_--ra.lt.--F.tuLsloo+--tov.rnlnt---!h.--!rlrcc{a6--.of
rubdlvfuloa - of - Lrrrd+ +ltirin - rhr - rct:. {61€n c.d.- - - 5uch- tr6rrlrr.lo* -oryprovtdr - {o+. th.- -t..t.r.bh . ooorcdk}aslq} - o{. - loe ethe- rnd - dhcnr{on- -of,tr..!, -.rril -bcrlcverdr - .qtd . th.- -!oo.rlon - of- -rtllltlcr - -co - bt-.oonrrinad
!h.r.ln,- - th.- o{<rtoi.c rldoh,- - drpth; - aod-..!.. -of - l.tr. .nd- <tr+ dl+c.r<rcr, _ofrhe . frnr. bu{ld{n3- {{fD -6Eoa -rh. - r rr.. rt - {n- <..,l.d.oco <*ithbor*roo<a,,. -:hc.rratra -of -rh. .t!.dln! -.nd -dr.hi.!. -of -rtrootr -ro -br -loqultod -er -e-oondltlon - tr.c.a.rt. cc- <tro rppno..e!.of .lurr- of. .rrbd(.{+to(}}. - - {lo -t!.d!!rhrll -bo- rrrrbl{rhrd- o<- -!..q!rh..d -by-rrrh- r.tul.r(on - r*>(cb <ro*ld .o.rrrG -.!at.rl.l .do.ta -lo -rhr -lend -vlrhtn -rho -rror -rouShr -ro -b. -rubdlvtd.d.
505. 12 PO9ERS.^DDI?IONA!,
Tho - po,rgr- -hrrr!n ' con€arrad- -upor - tha-.boar\d - of. corrtf -ooErrrioncrrrhell - t+ - conatru.d- . ar - -.(r . .dd{t{orts - !. - rrirofog - gorrct+ - lnd - <rc,s. - 1.- -.r,r!and!.n! - ta- o<- -o _ rcpa,.,1- ch.r.o{- .md -p\ef} -fc. .upp1.!.nc.l- <o rod .rhe IItrot 't'! 'rrrdr -rhr -jur irdio ' fon 'ov'r -plerr -of 'rubdiv.ionr -nov -.)r.tolr.d -by!h. - !o.rarG{nt- -bodior . of- _rt.ruror)r - c{ c{..- .fiid .,rrrlc lpr I { t lcr _ .Loc.c.4 _ ti.r.rr -vl lhir. chc-.coF eG -r.otionr - 5gl, 99 - co- -5Oi. {-}- pr.o|.tdcd,- -Gh.c. -upoathc - fe{lrre - of- ctr+ aorrorrrir6 -body - of. ruch- st clr<o{)F <.ic_1r o! -truniotpr}ily
and.the -borrd-cf - county- coc(aa{ooara. <o aorrcil<a.(}c-If -a?pFo.rc -and ..dop! -!
PL'r ' of- '.Mt{rltlo., 'yt rhle- 60. dryr -of - thr- -c-roo -or - pr...nt.clon- ro .a.chlolpao!lya - author{ty- -lha - rpptowrl- -of - cha- toatrd - of. cou<rc)A -oooalr'loncrrrhrl} -br -!int!.- - -fhc -boetd -of -oounly -ooutirrion.!, _[ry -cx!.nd -thc .rioc -forconoullen! -'PPlova! -!,i!h'!ctp.o! -!o -lndlvldurl -p!o!, -of -rubdiyt,io.,,
I5
505 I3 APPLIGA?IoN i . LIN ITAT Io:,I.
Norhln8 -ln -r.o r lon, -50S
Sprokl .Levr -18t9 ,- .Ghrptcr -
..09 -ro -j05.-13 -rhr}l -racnd,- -!.p..I i -o! -affaat
I78 r
505. 14 VACATION.
C0u}tEN?: S.crton 505.14 provld.r for Ch. vrc.rlon or elCrrnd Cha concurrant vl(:trlon of d.dlcrt.d strlncludr proccdurcr, tucl
urad for such e vecector.rt
tt t"tt"t end hrrrlnt,
r!C1on of p l.C!
aaCt, aEc. , and
chat n.ad co b.
of p lrtr
505 . 15 CER.TAIT{ PIATS VALIDATED.
COI{l{EtfI: S.cElon 505.14 concrrnr cht v.Itd.rlon end rffreccxtcuEad by e parron nho url noc cha r.cord oyrrr of cht pletcrdprop.rry rc th.Ettr. !h! plrc ver r.cord.d.
505 . 16 APPLIC^TION
CoHUENT: Slcclon 505.16 concrrne th..ppllc.Eton of sccrlon 505
505. 165 PIATS OF IA.IID UITI{IN AIIY TOUN,STATIJIoRY CITY,OR CITY EXECUTED ORFILED PRIOR TO JANUARY 1, I9I5.
COI{!{ENT: S.cEton 505 . 165 r,urhorlzcs thc govornLng bodics of c!rEain torJn!or clcl.l co corracE plrts
durlng r s1x- EonEh p.rtod.
flrsc adopccd ln 1947 _
15
r.cord.d prlor Eo 1915 ,
afEer thls sGcclon ues
f!lgd and
loac d 1e cc ly
15
505. t7 CETTAIN pLAIs
^-yD
Co!Q{E}{I: Srcclon 505
CERTIFICATES
L7 c onc a rnJ
PR.I.Y^ FAci! EvIoLYcE
only chr
c.rtlflc.t.t rnd pkEr racordad undar rn
.vId.nctrry vrlur
l891, Irn.
of
COE{LT'T :
505 . 174
SURVEYOR.
COHHENT:
s05
coxHE$r
REconDED PITTS, coRREcTJoN oF ERx,oR,S: CERTIFICATE !Y oRIGINAL
S.cElon 505.174 .uchorlz.r . r.tlrc.r.d
rrcordrd plec nrtdtng qorr.cEton tocerElflc.tton proca33.
175 CERTIFICATES EY OTI{ER SURVEYORS.
505.173 CORRECTIOT OF PTATS.
ruthorlz.t Eh. co
lurv.yor och.r
survcyor,lf Eh. orltln.l rurvcyor
s.cclon 5o5.l7l ruchor!2., ch. tov.rnlnt bodtor of c.rE.rnEunlclprllrl.r to corr.cc plrct chac s.r. .racucad and fl1.dPrlor co 1915. durlng I rvo.vrrr ^-_r-,
rE .l3o conc.rnt ch. .v1(
lr P'atod ttrrEtnt tn Aprll 1951'l.nEt.ry velur of th. corracB.d pltEr.
rurvoyor vho
corr.cE tE
Pr.p.r.d r
throqth .
S.cEton 50i. t7i
by . r.ttt c. r.d
rr.ctlon of en lncorrrcE pI.c
Ehrn ch. ortgln.l r.t Ls E. rGd
is noE .v.il.bl..
corrcca
app rova d
hev!ng
505 . 175 AppR.OvA! OF CERIIFICATES; FILING A.rD REcoRDMc .
COH EllT: S.ccton 505. 175 provtd.r Eh.c Eh. c.riificrcrs ch.Eplecr ary br ftkd rnd r.cord.d, efccr chcy have g1.r,by Eh. tov.rntnt body of chc loc.I gowerruranc
Jurlsdtctlon ovrr Eha arG. involv.d.
505.177
corcrEliT
505.1791
COMMENT :
50s. 1792
COMHENT:
CET.TIFICATE AS PR I:,T..\ FACIE EVIDE}iCE
Sectlon 505.177 concerns ahe evid.enciaty walue
developed, approved, and filed i.n accord.ance
505. I74 ro 505. 177.
FEES.
Secrion 505.I791 concerns fees for rhe recording
of plars under secElon 505.17g.
of cercificaces
rJich s ec c ions
a ce rt l flcaEe
ulssing p Lats
if chey uere
that
or rep Iaceoenc
505.178 VALIDATION OF CERTAIN PIATS.
COMHENT: Sectlon 505-17g provldes procedures for obEaining
chat ulll a1lov che recording of placs replacing
and plats chat have been filed, but noc recorded,
filed prior ro May 23, 1925.
505.179 USE OF PIAI.
COMHENT: Seccion 505.179 provldes for rhe recordlng and usc of pJ,ats
heve bccn ccrrtfied to be rccordablc under s.cElon 505.17g.
STREETS, ROADS, HIGHEAYS AIID RIGHTS OF I.IAY.
SeccLon 505.1792 provldes for the recordint of eaps or prlacs
chac ahou srreecs and hlghrays and chac are flled by local
towGrnEenc bodles for purposes of tiving suppLemental
tnforuation Eo Ehe publlc, lncluding inscrucElons for rhe
Preparation of chese placs and for copies beint nad.e available
co che publ ic .
l8
iEi;i5 liiiiiiii;!iiHi
: 5:; ii Ei
itriff ri*nry*iiiji#T
=, ii;i;* ; ii#*+igii;iiff .
Fui ijffi
t:i l! !, : l:- :
iiz ii i;E ..;i
*i;;i;iiiri
9S
:: P; i a:: a:eieeieeeie
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r!
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9AA9
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q
:q
eqrA EJdF
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: i:4!
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:?::r:
! itt i!
tt
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"ii iii:!iE,,i:i
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=
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9:::::::iiiiiiii:9a
505.06 CERTAIN STATUTONY CITY PLATS TO BE RECONDT:D.
Any lt.tulory city plal which h.s b.co hcrcloforc 6lcd in thc omcc of thc counry.ccord.r of lhc county in *hich thc at.tutory cily ir locatcd, bul nol r.co.dcd, but hr;
baan and ha cmaincd on filc in thc ofica of lhc couoty .ccordc, fo. morc I han I J yca r,prior to lhc p.rrlc oflhis sactiolt, lh.lt. upon lh. .cq;61 oftny g.opcny ownc. \rhoi.prop.ny ir .frGctcd by o. i[clud.d in thc pl.t, enO upon thi paymcnr ot lcael fccrth.rcfor, h. .ccordcd by thc county rccordc.i and, to cnlilk a;y-such phl to bc r{),ccordcd. il rhill nol bc ncccis.r, to havc thc ramc.pprovcd by thc council of suchllalulory cily, noa lhall at bc nccctsaay to hevc thc ccnifrotc oflhc rccordcr of such
slalulory cily oa lhc audilor ofsuch county to or upon thc plal o. lo hrvc any ccnificatc
ufrcn luch plat. not on lhc aamc tl lhc tima ruch pl.t wai lo 6lcd in tha tilficr oI thc
counly rccordaa.
llistottt (821 l) I I I J c J2S s t. t97l r t )l orr 5 ! 7: tg76 c I 8 I s 2; t9B6 c tt4
505.07 S'l A'rtrTOltY CITILS ntAY CtlANcE NAr\lLS Or pt.tfii; Rny)t.t/.'n()N, t.tN(;, l:li'Ecr.
Tlrc council ofany $tilutory cily in lhii at., lhc namc of \rhich has trcn ctrangcrl,
is-hcrchy givcn powcr and authority tochrn8c, in lha mrnna, hrrcin spcci6crl. thc nrnrc
of any and all plats of rral c!latc l(ritcd withi,l lh. corporttc linriti of sucli srlrurory
crly lo (on[oant lo lhr cr)rrx)rata nanic of ruch slatutory city.
ln caic tha statulory (tty councildatcaminc! lo changc lhc n!mc ofany such plct,il shall adopt a rrsolutron sllcctfyutt thc pl.t, lhc namc oi which it to bc cliangccl, anrld.titoalrnt thc nanlc by whrch it shlll thcr.aftc, b. Ino\rn..nd r copy of thc rcrolu,lion, duly ccnificd by lhc clc.l or rccordcr of thc 5t.lutory city. rhall thcicugnn bc filcrlfor .ccord in lhc omcc o[ lhc county .ccodcr of cach c;unti in which rhi rcal c:rarccovc.cd by t[c pl.t i! locarcd.
Aflcr ruch . ,.iolution h.s bccn .doplcd and . c.nificd copy I hc.cof ,cco.dcd, thcpl.t ,cfcr,cd to th.rcan shall lhcrcaftcr bc lno*n and dcsignarcd by thc nemc spccifictlin lhc.clolution.nd.ll .cal clt.tc cmb..ccd in lhc plar;.y th.;cafic, bc conrcyc,l
by_rcf.rcncc to thc n.m. of thc plal 't ch.ngcd or by rcfcrcncc ro lhc nantc of lhc plat
bcforc ilr nrmc rras chanlcd ar lha lranlor ma, prcfcr.
llisroty: (821).1.8212.2. E212.1) 192, c lt t l-J; l97J c l2l o.t j s 7: t976 ct)
I
Pl-Ati: C()Otl)lNA ft.\ Sl,lvlll S ,l ca
glt.08 PII PAIIA'l l()N Ot Pt.A'fi f tLlNCi CER ftFICA f tON; t-t:]:Si I,UNAt.
I t1-S.
Suldrrr\xrn I All pl!r! sh.ll bc olcirhcr of rwo standard sizcs nte!surinB 20 hyl0 o, ll, hy 40 rn.hcs from ourcr cdtc to outcr cdtc. A bordcj linc sha hc ptac(d
ont..half tnch rnsrdc thc oolar cd8cs of thc plal on lh; lop, bollonl, and riRhl han(l rrdcofthc pl3li a l'rdcr linc ih.ll ba pl.c.d ttro inchct inridc lhc outc, c,l," un"th. t", t l,"n,l3idcoflhcpl.t. A norlh rrm\x.nd lhc !c.lc oIthc ptal shall tx shownin rhc plar, wh rch$al. shall b. o[such dimcnsion lhat thc plat may hc casily rnt.mrctcd I otrr strallconrrst of onc or mort !hca$, and if ntorc than onc shcct. thi rhcctr sha ll tx n'trnrhcrcrlprqrcsrivcly. Two o, mora idanti, ,.1 copics ofcach plrt shalt bc orcparcd i trlacl onwhitr.mat, turfacc photoSrdphic c.,d st(xl lrith doubl. cloth'bect ni,runr,ng,.,,mlrri.lofcquat qu.lity. Onc ptrt sh.ll bc hb<lt.d .Offci.l t tat- rn.t ..fl uli,., .,,pyrh.ll b. l.bclldJ'copy.' Oo..r.d tr.nsp..cnl r.producliblc copy rhal i,t prcprrcrt.
by a rapaoductron painl on lincn taacint clorh by a pholotraphrc pr,icsr. nr o,i ,,r"r.r,"tofcqualquality. Evc.y ofici.l pll whcn duly ccnificd. ri3niO, *,,n..*j..J .. rno*r.cdlcd, .r p,ovidcd in scction ,0r.01, ih.ll bc 6lcd in lhc o6cc of lhc c,r,,nry ,ccor,J"..tolcthc, l,ith an ara(t copy and rn aracl tranrptrcnt rapaoducliblc cony thc,;of. whcnlhc pl.l ir.lud.r bolh .ctirt.rcd .nd nonrctilcr.d land. rhc ollicral rilar. anJ rhc cracrlr.nrparcnt ..p,oduclihlc copy tolcthcr wilh two eracr copics shali b. fil.d wrlh th.county rcaordcr. Thc or[(.icl plat an(l said tranrper.nt ,cproductrl)lc coov shall txplacc(l un{l.r lhc drrc(t supcrvi5ion of thc uounry ft.coftl(r a;d o1*n ,,,,u.;J.i,,i,,,,,ur1
I 'u rr.rls, r rx,rr,tr^,rr*,,,"Jr^ I I I I I
[;['.'fii','.',,"iff.'J'iiJ,'Tllllj:,9',-:lrrcn commcnrs and ,ccommcn(rar,ons
couary o,.ount, rlarc aro tr3trw1y.T. lln-O ahullint upon an crirtrng or . ablrrhcd
li*:'ffiT;:fi 1"",x'#::mir.:::::Ilfi ilxfl i:J:il"ill1f :iH';
rro.r.. (, r..niJ,on.rro,r ..d rh. "",11-Jl]lf.,'clion
sh'll b'-submrltcd to-ihc com,n,r.
rcvrcw rt lclt )0 deyr ;;;;;;",;]i:'f i'qw'v cntincc' Plart 3h.ll b. tubmrlcd ror
rrrrnj 6nrr..lron on rh'c ;;;;;;;;T;^+i:l:l*::::::,:r. :lly. ro*n o, .o,nry
,':il::il I,J;"J,*ll:;,;ini;,Blljlii:jieii.{t{;ilai:Hi1'"T.""111;;
rction on ruch pr"r uy ii'i ;i;;.';;;':I-:":1 'lcrpr bv rh'm of ruch a ,,1.r. Frnat
r.quir.d (ommcnr! .ir,r ^""i,-."ii.lj
co.,nlv thall nol b. l.l.n unrit:frcr rhcsc
t.nod h...hprd. r t.riU. p,"ti.,l"jl1n!-'t'v' tr'n rcccivcd or unrrl rhc )0 dayy'rr. r bc riciraht;iil;;fr;lffl :trw.rnt ot prinr or ! propor.., prcr,minary
o. rh. (ounry h,si*"y .n;,;;;;";""-t. 1:"':* o' thc commrsstonc. of rransr
w.rcn .r.mcnrdct.r,,ns.1ILL.o.1u,t-1.l"*;ntotpt;;;';;.;;;lil.liTlll;]li:
11".1'r ilffi :l xl'l.,.j ; :1i".,*:ill:J#l!i! ..j ::Ht I i:rffi :i; j
il:il.l1 "i"1' fl;''i:' m, l';l*,,i:i {"r,i;l'., T[i'lil['lifi II"l i*i
commrrlion.r "r,-"trorio,,on'i, ii.t'.t:.::tl:,'tt "na ,..o-,nin.trr,un, ur rt,"rrcrr rhc r,rrc ro rhc ran;; ,;;;;;;.;',;';;..$ll:.lllr^::: cn!,rc.,.rhalhn no n,annc,
or olhcr .vtdcncc rhnll bc ,(qur(d ,o ::.._l 'l;'t":',,,:tor saru landt. A cc rli(.atc
.ounrv ,.(o,d.r - ,.8, ',,,; ;;;;;;; :". :: :fi. ln' prar ror-r,rina ,n rhc o,r,..c or rhcw',1.r (omnr.nr5 ,r; ;;;,;;;;.;;;fl:: rnt,ruDmrs3ron of o, rhc obrr,nrns of such
rosn o' cou y rr,r1 p,",lj-il'iii'.iiilil,';- l.nl.l"-. rulc chi.rcr n, ,,",ui,y .,,y.
or ,ctrtlrar of trtl(! _' "'r('lE or olrc, cvidcntc lo tha county rccordcr
*ff.,*$r.m$*sffi
:, : i' i;,y,i, i il$," t ; i,;,li, i,, t )i,: i, j iii i i ^it i,l ; ;,i,,i,^ i ^ t, ),t ;, : i, i,,,
90!.0{ tlcoxDrNG.
:t{1.1{mt:l jlr:,f,+#Hlid?#r"ii[{#irx1i#::H;
,. i'iil?; !t/,'1!,
* l'ri.t !o!;,' L"",rjl t e t ! c r 1 7 s 2. t 7 c 5 Eo ! r. t s ? 6 c t I t
r:r:'*'nrilr#'#***+*fiiil'r, l*r
,.r l lt.^Ts c@tDlN^rts survEys trlo
ir thc prclancc of tha county aacordar or lhc rccordcr.t rcDratcnlativa. Upon,cquctt
tli,i'-',"1"1H,*[i:l':;,*L:i'##;91:i*[11,pffi ;"..r*to bc mtdc lnd ilcd wirh such counly I
SuM. 2. Thc copio of thc oficiet alll 616f rfrc crrci rcprJ,rcr iUi. ..1, ,n", u.comp.md .nd.c.nifird lo by rh. couniy rccordcr ;, rt . -inici-ii*r,i-ci,...n,nca.opi6of rccodr rrc itsucd in rhc ncordci,s.fr;. .il rh. ";;;illrlr]iliiul"bo,"ain . propc, votu.mc for rhc -ut of rh. lcncrrt puitic ua enfJ"i'ri"ii i'i','l I""* ,ornd,n.y.rnrFcr luch ccrri6.d copy .r rhcir ir..rr... wrriiii" iiii.ii"ili..l u.,r,,rrittc,rd and nonrcairtcrcd land t\ro cr
o,'c ro,r,"hs.n.,"ipi,;l;;;;l;:;;h".f,f::;X.T,'*":if ,;,::X,'j"....::r,f,;,*of rilrc!: providcd. hou.v... rhrr onrv ong 3u6rr copr..; "."ili,.Jiia"ili,i.a,..rl",r *providad foa 3ancrrl public usa in lhosc court,cr whcEin thc oficr quarlcB ol lh.county,cco.drr.nd rElirlrrr of lillcs a.c onc rna rlc-remc. " W-ffi;" ;;;;:;, "",p.n thcrcof, rh.ll b.comc uninlcllrtiblc from usa or *cer or orrrc.*ilc. ri tii.rcqucsr)[rhc counry rccord.r il rhalt bc thc durv 6frh..^,,;;" .-:,-.^:::'_:::. '' "'' i.
,opv ur rh.;m.;;f;i;;,;; ;h;;;;.'i"r'/.:1lhc counry turv'vor ro malc a rcpro<l,ction
,uiini,ion or rhc ;;;;,;,;;;;i;' ;;?:i,Xli[[B:I[:t::;r%llf;illi l,[.j'onccr copy rhcrco( by r,roDcr ccnificarc.rs abovc ;, a";;,;;7i, ;;ii,* il,i"o ,"h. volumc, .nd undcr rh. D.8.. and ,n rtrc placc of rh. aii"i:i.iiiii. ?"Tli,n,,.,ror hrvinj r counry rurvcro; rhc counry rccordcr shalt .rnpj.i lllairi.^j r"raultcyor lo nlalc tuch raproduclloll coD\cco,i.r srrr, rccci,c ar i?llrJ ii,,li"-#l$,:T ::Til:::jJi:llljl. ,i'...i?j,lilJr, bur th.ll rcc.rvc nol lcss than il0 tor rny plat 6l.d in th. r.co.dcr,r ofltcc.t.producrron-r from- rh. .racl rr.ntparcnr ,cproair.i,ur" .opy ,i"ii 'u" l."".,iJiri ,". "",.r!on u9on rcquart anil thc cosl of luci
III i[ii'..]]L fr i1.*,, :1,,T :st"i,,lrl#f,;i[*T;i.'iilf,.l.1,i#ln.ll b. p.rd by thc pcrson melrog rucir i.quctr.
S'rM. 2.. In countics havint mtcrofi
,;:"'""qtl; iiri",tlt*i,#i"r,tli .{#il:il1fii,s]l"T,,:fi
.ffi ll,Jrorrron3 of subdivirion, I and 2 lo thc conr,".y. ". "ir,"rlrpi.r'"; l;ff:i;::. *
Subd ) Any Jrc6on who shall disrnr. of. lcas.. o. otr r lo s.ll .ny land rncludcd,. ptrr by..f.r.ncc to rhc plar bcforc ihc samc i-s rccordcd. shalt foJiir.o ir,. in-rn,ylW lo,.ach lol, or pafl of a lot. io disooi.d
"f, f*.J,
"', "fi"r.,l;';;j;;;Jil,"l,no rurv.yor. or pcrlon whosc dury rr is ro compiy *1,r, .i.,y "iiiiirr."-i'oir?,,u,,..plcr. rhrll forfcrr nor tcss rt an i r m ro, .,.[ i,;;;; ;i1,.,:: ':]:..1'.": il:l,: .,
r.rcd. A, forf. jr u r.s u;;;,'i;;; ;ffi ,;;f;;^#:*.t;lT :IT,nH jff i,,ia nantc oI lhc counly.
,,i:"fi;!i':lli?i,',;!! : ji,,,:i,: li!,s"r: te67 c 580 s t: !ez6 c 6, t: te76
5.09 COUNTY EOAID TO CONTROL PLATTTNG OF IIND.SuMivrrion l. Thc counly botrd ofar
t*t[,un****-*rut*.*gr',*
,,:;fii,;' ; j"',?l.Jon';'";lil,.iii::.,_:1.;,lii.Tlf#,;il.;i.,I#.Ju:
lli.torr g2aJ. t) tglg. 22t r t, tgtt ( tli t t. tgig c 665 , t. 1916. tta
lltttltt
!,tl pr,{r! coolt tNATa:.! striyt:ys ja!.ra
s05.r0 MAJoR STnEET PL,/tN,
- ln ordcr to crcrcisi th. towct confc[Gd undcr sartions 50t.09 lo J05. I ], thc bo.rdofcounty commir3ioncrs sirll prcpert r comprchcn3ivc mrjor.lr.ct 9l.n of ihc dist.rctrnvolv.d. which pl.n 3h.ll bc d.rito.tcd.nd adoptcd rr tlc ofrcirl mtjor srrcct planol rh._rrc.r .djoinint thc city of .,.................. Such plrn may, from timc to timi. bcamcndcd, qtcndcd, or amplificd. ln thc prcprretion of thc mrjor trcci olan rnd inth. administr.tioo ofthc powcr hcrcin coofcrrcd. thc boerd ofJouniv io,inrl.rlon...may !vail itr.lfof thc rssirt.ncc of thc city plenning comnrission of rtic ciry of rhr frrrrclai! adjoinin! lhc arcar involvcd.
l[rtor]: (82t1-2) t929 c 225 t 2
505.t I BOAnD 'IO MAXE nEcUtrtTtONS.
. ln crcrcisint Ihc frowco hcrcin confcrrcd thc board ofcounty comnrissioncrs shalladopt rcgularionr tolcmrnt thc plaltint of ,uMivision of lands wirhin ttrc rrcasdcsrSnilcd. Such rctul; tool may providc for thc rcaronablc coordination of lmalionand dimcnrion of !tr.cts snd boulcvirdi and lhc loc.lion of utilitics lo bc contarncdthercin. thc minrmum *idth, dcpth. rnd arca of lott ana rm Jisiarrcc-of-rlc f.onrUurl(lrn8 ltnc lrom thc 6trcals in rcsidcnCC ncithborhoods. lha arlcnt of tllc tra(ttn8 aIJdrarnaSc of strccts lo b. rcquir.d as a condition p.cc.d.nt to thc approvai of plirs ofsul)divisions. No Sradca ihall ba cllablishcd or rcquircrJ by iuch rcSulatronj whtchwould caurc a matcrial danrata to lhc land withrn thc arca soughr to-tc autxlividcrl
llistor,l: fi21J.J) 1929. 225 t )
505.r2 POWTRS ADDtTtONAI-
Thc powcrs hcrain confcrrcd upon lhc boad of county commirsioncru shall tr<construcd aran eddition to crisling po*c6 and nol .r an amcndrncnt lo or. r.pcallhcrcofand shall bc aupplcm.nt.l lo .nd shall not sct .iidc rhc juris<Itition-ovcr ptarsorsuMivrsronr now crr.ci3cd by rhc tovcmin3 bodie of sraturlf ;iii;;;;; ",,",.,.palrtrci locatcd in ar.ar *ithin thc rcopc of scclions j05.09 lo ,0i. t l, provr(t(rt. thatupon.rh-c failurc of thc tovcrnint body of such statutory city or mtrniiinaiiry an.t rhcDoard ot (ounty commrrstona15 to concurrcnlly appaova and adopt a plat ofsrrirdtrrsronrrilhin 60 days of thc tinrc or prcscnlalion to iac-h'r.spcctirc auitroriv rlli "pnror"f nfthc board ofcoualy commrssroncri shall bc final. Thc board ofcouniy ao.i,',rluu.*may ertcnd thc timc for conc!rrcnt approval with rcspcct ro injivrdual plars ofsubdiviiions.
llistoq: (8211-1) t929 c 225 t t; t97J c t2J ott 5 , 7
505.13 APPt,lCAT|oNi LtMTTATTON.
Nolhirt in scctioni 505.09 to J05.1 3 shall amcnd, rcpcal, or allccr S5rcial laws1889, chaprcr t7E.
lllstoty:921J.5) t929 c 22j t 5
505.r,a vAcA'noN.
. Upon thc application of thc ol}ncr of lar,J Includcd in rny pl.t, and upon prq)[lhat all la-res.$.si.d.t inst ruch l.nd h.vc bccn paid, ,na'r[.-noi,.i -n'ii.,n"ft.,
nrovr(.lc<, tor ttvcn. thc distrrct coun may vacalc or altc, all. or any pan, of luch pht,
:19.:9:!!: lhc. rrttc. ro s[ srrccrr. alcys. .nd pubtic arouna, iJ i. in
'r'r,i- p..."r,anuuco tncreto; brrt rtrcct3 oa allcyr connccting scperetc pleB or lyrn3 bctwccn hltxtsor rolt, thatt nol bc vacalcd lrtr,ctn 3uch lota. bloclr. or plrtr rs arc -not alp racattd,unlcss it eppc.E that thc it,..t or .llcy or pan thcrcof soughi io t,G ""."rca i, ,*f.r,ror th. purposc ,or which it wa3 liid oul. l.hc Flitioncr rhall cauic two *.clspuhhshcd .nd poslcd nolicc of iuch applrcation to bc givcn, ,f,a f"r, nuUlia",,,,n ,u tat rcarl tcn days tlc[orc tha t(tnr at wltx.h rt shall hc hcar(ti and thc pciitroncr shill alv)scrva pcBonally. or caulc to bc acrvcd pcrsonally. notrcc of such ;Dplicntion. at lcasllcn dnys bcft)rc tllc tcrrn al which Ihc applrcation shall bc hcard. t,;xl'n ,t,"-,r"
"i,, ,,f,t,.lllttttt .t I
trrrltttl
,t.la tLlrs c()orDlNAT[.a sutvf,ys trt2
city, lhc prcrid.nt oflhG ttalutory city, or lhc cheir oflh. lown board of rhc town wh..cluch land ir rilualcd. Thc coun rhril hcrr rtt pcrsonl o*ninfoi ori, pilrig rrna rharwoutd bc .ffcclcd by lhc proporcd vacalion, a;d ir, rn rrrc .iuigmcn i ii iiii
"oun, ,r,.!.mc woutd bc dam.tcd, thc coun.may dcicrmi"i,r,.i"i"ril.i,"'.t i"_"g"
"n,ldircct it! ptym.nr-by lhc applicanr ucfo.r rtrc "tcrrlon or-"i_i,i'on--.i'lf ii"r" .f..,,A clrlif.d copy of thc o.dcr of rh. coln rh. b. 6l"d *ift ah;';;;i; rudiror, rndrcordcd by rhc counry rccordcr. Thc drrrricl.orn ,iiir n.i r"-ri?
"i,"','. ny ,,..",,rlt.r. or pubtic tround d.dic.rcd ro rhc Dubr," urc in or'uy.ifrrJ iili'in ""y "i,yor rown o.!.n ircd undcr r chancr or sltcirlt.* *f,i"r, p-"ia.il nioi#;p.o"".r"r"for,rhcnvaorion ofsrrccrs and public tround, ty tf," .ini.lp"iiurr,ori Jlf.r.r, .iry
ttt toryt (62t1) RL t JJ69: !9O9 c SOJ, l: !9tZ c Jt, t; tgTj c t2J otr j s 7: 1976c lEl t 2; 1966 c 111
505.t5 CEnT^tN Pt {Ts V^LIDATED.
ln all ratcl $,hcrc thc rccord owncr of rctl 6latc in lhii ttalc htt hcrctoforaco.y.ycd rh. s.mc, o..ny prd lhc.co[, b, crp,.'' ;;i;;;"; ;iii'i,i],^.,i*, "r*.r,.onv.yencc ro a ptar of such rcat csrarc on 6ic i" rh.;il;i il; ;;nir'i.""o.u., inthc county in which such ,cal cslala ts ittuatcd, and ! plrt so rcfcr,cd to in saidconvcy.ncc is .crua y of rccord in ,u.r, ,"*rd.i;i-o-mii-",1r,. ',ii'"-Jr,.n ,*r,convcy.lcc is madc, such rccord owncr
"no "rr
p...",,1 .iii., "l'r,i,i.i ,I"r, *.or,rown.r, thar b. for.v.r c'oppcd from qucrtronin! rhc veridiry oisuci prai. nor*irtr-I.ndin! that thc trmc of lh. .rccutron .nd rccordl rt ar.o,f,
-ii,f.-io -,i1. p..., r.,covcred rh..cby, appcan of rccord ro havc u..;,; i;;;";;;;::;;ir"ullil, ,r,"n ,r,.Fnon who.rccurcd ruch pt.r .t grogncror o[ rh" pr.rni;, ;;;;;",iril.uy,
"nanotyrt,'!tandrn! .ny irrcg,larrry or informaliry in rr,. .iiriio-n, i..p,"-n"ll'o, ...o,0ot ruch ptl. tn rI such car.r iu.h ptar ste bc d..-.d ";;-i;i;;.,o.uc vatra,connm.d, rnd tcgatrzcd in al rcspccri .r.ir
"cru"rry ii..r-rJ Inj rll.)"a.a uy ,r,.FBon! who .ppct of rccord ro hrvc bcto lh. o*n.., "i rr,.Ji".i*I, "'u,lii ,r,...u,rt lha limc of tha crccutlon rnd rc@d thcraoll
lll,to.rt (E21s) lN, c t29, t: tg?6 c trt , 2
505.1a APPtlcaTtoN_
"-.. *t:." 505. l5 rh.lt apply to all pl.t, icrcroforc ,ccordcd of any lowniilc and ro.ny.ddrrron ro.ry rownsrr. and ro aoy rddirion ,".rii"*i"r'.ii/"i,iin,,in.,,o,..
llLtoq: (6216) lgOS c t 29 , 2: lgTJ c t2J att S , l
ff#i","rH BLl^f'"lBI,+Hiff?yN, sr^ruroRy crry, on crry
,pg**$u-nr*",g,xffimt+'**im
mylf*rft+rxp"hlm,-rt*lr',.--*'
ffi :*t':'','.ffi #**1H:ii:i.#i:,.{fffi :1i}}dik:T,'..i,.ilrcorrtc y ihow on thc facc thcrcoIand by*r',.r, pi., n, pi",i -";;";;#:;: #r;;Tl.illi;:'I jillJl'".,Ti.lltr"f lih{lo 3url tha hrst nurporc inr.l sccurc rlo..r",.r,on rr,...Jn-. ',ijir ;:;,.':;:.ii,:l:, Tsr r.1utr'. and 'uch prar or prars, ,n a.ul|.rlroo aniJ shall rdcnttfy cach scprrate rracl
alat ffrTli C(X)I!)|N II:S: StrrvUys 9t.tr.l
ofland dc..ribcd th.rcin wilh tuch t.acl o-flrnd in thc purportcd plal or plars intcndrdro bc conccrcd rh.rcby. and shar b.c.ni6cd bt i;;'il;;;;:Ir"oiiil,in,ni.,pnr,ryar lo euthoriretioll and by rn cntincc]or !ur"cyor es lo iorrcctn"ss, an,I th. r,gn"tr,",ot such p.Eons shall b..cknowl.dtcdtn rlf.,'_"-...r-" a..;-. """,,
".:r.,:u9:trf :]fi 5:T,';::#T....:*rj;,;:tl*T,?".:::[::.J:l
lhcrcin may bc ,ccord.d .r lcnrrh in.. -Soof of pfrr 6cnii.ii.r:: "-nj'il.n ,u nr",r.nd rccordcd such prar or prarr and dccr"-ii"ii"l.rr,ir-*iiiiii.liii,ln.*.r ru",,h( prima fecic.vidcncc in a, mr.G'" rhow"
", ;.rJi;;;;l; ;;,o.ii,i i"l,u,.u,.,.,rlhercby.
-. - -SrM. 3, . Umit.tlon on.ppllcralon. .Thit s.crion shall nor apply ro a crry whoscchancr providcs for oflicirl supcrvision of ptel, by .rrl.ipri oifiiJrr,, .i,n,,r,,rr,,,n ,,,
lllstoryt lg17c lt, t-l: lgTJc t2Ja 5,7: tg76c llt .2
Y}5.I7 Cf,RTAIN PT,{TS AND CEf,TII'TCATLS PNIMA FACTTJ EVIDr:NCt].A ll ccrl i6ca lcs hc..toforc medc-a nal rccordtd u ndcr thc pr""iri"* "i'r"*. , ,, , ,chaptcr.2 5, thc irnrc hcrn8 -An acl rctat rvc lo plals of town! snd crlics in thrr starc anrlor addrrrons ro. and ,uhdivisions rhcrcof ani iil;;;;;;';;j';;,i,1,1i,,., ,,, ,n"sanrc.- or lhc ,ecord of srrch ccnificarcs, totcth.r wirh ,r," plo,i iu *rli.r, ir,.y ,.q*..
i;:ll .^" shall b. prioa facic cvidcncc 'i "ir."*l "r'i" ir,"'i, n"nl in'JlJlo n, ,u"..
llistorf: (8216.1) l9\O? c tl , I
505.t71 coRRECnON OF Pl.{Ts.
Suhjivision L C.rrrin d.r.dr. In ell qscs whcrc thc plats, or whar l,urrmfl, loba plnls, ofany ponion ot lha lands containcd.nithrn any addtltons to ()r s;lxlr!rsionlot any rown or city, ,ruarcd in anv
-counry- ha-v-ing r*i ih"r. ii"rrit.;,,,i r.".r,,,,,.,tcongrcssionel townrhip5, havrnt lcs:
iiiq,ffi:'.',.',rlI'"'r,.ffi ktljx:liffi #i*:r':l,.TJl:+iiillliorrccorany(ounryr.cordcrDrcviousroJ.n*.yr,rCfj,iiii";t.r,ii,i/i""r.",,".,,,
dcacnbc rhc tand lo bc so Dtar rcd or ro ihow coir.l,ty ,p"ri ii.lri.". ,iil r,I., ., ,r.ornrcndcd or purporrd ro b. Dtarr.d ,l:1..01,
?. t:f .;;;;ii.iii. u, ,.,jr|,i,.r,r," ,r",and thc descriprion of thc l.;d prrp"n"Jio t'J "i;,;;':;:::":L:-.Tl
.
or incorrecr, oi 13; rh.,..,i.,i"i.Ll'liu,;:.T.:,Ll"J'jr.l[T,:l,TliilTil,jiiil]
lranto.s thcrcof. thc tovcmiu bo.rd
iifl Tr"rllff [Tx#.#,*.rrt]:l]ll]:ir"::#{tj"J}ilTi
ifill'.ffiiglJ:,iti|fl:',f|1:J ry""'r'a' Ii" ."iiii or'on.'li,o,. pr,,,
ro D. ptatrcd, *hich p1", o. ,;"1. lrr", .tllTl rnd by dcs'riplion of thc lancl intcndc.l
|;,:xi*,s,1,,i,1#l#:":l#ili:H'x"J.3lit:if :ili:l:.1;:t:
ro"r or t"ni a"*.i-iJ';il;ii; ;:;;'.:':t *so'urion rnd shall idcnrrfy rar h scp,,arc
in,cnd.d,o u. i.iilii"j'iiiluy:,1,#:Xl,i.fl::,Xl:Ji;ii:lTil:.",li,:""ilil,:rnunrcrp0lity ts ro .ulhorirrtioa ind b,rt'. "gi.,,,1' Li.;;;;fi:ir"*'",:l"Tii:fl.ii;iI:,.i:il:: :;']:.:[:,,,',i.Suhl. 2. Co.rrct.d,l.t to t ,dccni6ca. rna rci,o*i;;;j;:; ; ?r#tlI[:ffsi,r:l.j,:ilJ ll lll:i :l]:",;:occrrr.rion rhcrcin may b. rccdrdcd er rcnt,r, i"
"
-n*,i"iiil, tiiiii.".,ll:]j"u *u.,
*i J:*"lli,fiiff : r:I#: ::,li,iririjixlil.il liilii ;il jtlliit; I
Srrhl J npplicrtiontoc.rtri.rcitirs..[hissccrronrh;r oorlt,J)l).r,r;r.it\$tr,,..
ttttrltt
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9! lrl ?t.{1'!i COOIDlllllf,.Si SUIvEYS
cqu.l qu.lity. Th. plal or *hitc card rtocl shall bc labelcd ..Offrcial plar..anrl rhc
,rproduciblc.copy shall bc lahclcd -R.produciblc Copy ofOl[c,al l,lal... 'l.hc rcproduc.
rblc copy thallb( comprrad *rth lhc ofriaial plat and cc i6(d to by thc counlt tc(()r(lcr
in tha mannc, in *hich ccnthcd copias of,acordl arc tisucd tn lha rcco.dcr,s olicc, andlhc copr.s shall bc bound io a propcr volumc for thc ux of lhc tcn.ral rruhlrc. lhcolhclal plal m.y bc inspcclcd by .ny mcmbar of lhc public hut only rn lhc Dr.r.nca oflhc counly rccordcr or-thc,ctirtrar ofltt16 or a dcpuly. Any mcnlbca o[thc puhltc mryh.vc m.d. . copy of thc omci.l pl.l by pryint lo thc profr.. ofrccr ihc c{rsl of,.p,oduclton lotcthc. wilh r J.. of 50 c.nlr fo, c.nificatron by rhc 6lrnr olliccrRcp.oductionr from thc crect lnnjparcnt rapaoduciblc cop, sh:ll'bc avarlabic ro anypaaton urlon aaquBt and lhc cort of auch rapaoductioni rhall ba paid by tha pcrsonm.lint ruch rcquol. lf lhc .bunint propcnyis rb,srracr propcny rric prai itriiiU. nt",rwrlh lhc counly rccorda.: if aati cr.d propcny. *rth lhc rcltstr.. of tttlca: tf both,atrrtcr.d -and nonrctt crcd propany. thcn wilh bolh lhc county rccordc, and thcactr3lra, o[ lrtlci, rnd whcn !o 6lcd wilh thc rcti raa of titl6 , thc ;cf,istrar shal antc,.-rcfcrcncc ro s.id pl.r .r. mcmori.r on .[ c.rri6c.rcr ofrrrrc of rcr,icicJ iaiiJs *rrictrrbut thc rijht of wry shown on lhc map or plal filcd.
. ln countics havint microfrloin3 crpebilitict, a pht may bc prcpircd on shccrs ofsurtebtc mytar or on Iocn trecinj cloth by phototraphic proccis or on matcrial ofcqualqualiry. Thc plat sh.llbc hbclcd 'Ofrciri plat.. -Nor wir isranrlint .n y o,t i, nio",r,on,of lhr! subdivition to thc contr.,), no othc. clpacr of th. pf"r n1i,f'ro f,-'f,'i"t
.Sutxl. 1.. A.city or town may not lllc a $rccl plrt for any strcal that ts a county.oad or ttata hilheay,_oJ craricd dartanrtton ar I county road or rtatc hrghway at thclrmc lhc pl.t ti o cr.d for filint.
. Subd. 4. Maps or plrtr 6lcd for rccord undc. thir s.ction thall not oo{ratc oflh.mrlvcs to tranlf.r trtlc lo lhc propcny d.sc.ibcd but ,r.f, n,rni oi pi"ij if,.ff U.lo, dctcnplrva purpo*s and shall b< noltcc lhal thc munrcrpaliry ci.rrms in tntcrcrt tns.id landi.
_lllrto.tt Exl967 c 5E s l; t969c 220 s l; tgTlc t2l ort j,7, lg76c lEl s ): 1976. 499 t 2. 1986 c 111
a*
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I l r r r 1 ll I I I I I I
PROPOSED PLANNING ENABLING LEGISLATION
APPROVED BY
GOVERNOR'S COUNCIL ON STATE AND LOCAL RELATIONS
DECEMBER 11, 1987
LAND USE PLANNING INDEX TO BILL DRAFT
Pace
Section 1 Purpose Clause 1
Section 2 Definitions 2
Section 3 Planning Authority 6
Section 4 Director and Staff 7
Section 5 Planning Commission 8
Section 6 Board of Adjustment 10
Section 7 Joint Advisory Board 13
Section 8 Joint Planning Board 15
Section 9 Preparation, Adoption and Amendment of
Comprehensive Plan and Official Controls 16
Section 10 Appeal of Actions of Administrative Official 19
Section 11 Variances 20
Section 12 Interim Ordinance 22
Section 13 Intergovernmental Cooperation 23
Section 14 Nonconformities 24
Section 15 Zoning 25
Section 16 Conditional Use 29
Section 17 Subdivision Regulations 31
Section 18 Extraterritorial Authority 41
Section 19 Official Maps 42
Section 20 Public Hearings 44
Section 21 Filing and Recording 47
Section 22 Enforcement and Penalty 48
Section 23 Judicial Review 49
Section 24 Inconsistent Laws 49
Section 25 Extension of Time for Compliance 50
12/18/97 [COUNSEL J DPM SC5889-9
1 Section 1. 462-35i [394A.01] [MNNfEiPAb LOCAL GOVERNMENT
2 PLANNING AND DEVELOPMENT; STATEMENT OF POLICY. ]
3 The legislature finds that menieipalit4e, local government
4 units are faced with mounting problems in providing means of
5 guiding future development of land so as to insure a safer, more
6 pleasant and more economical environment for residential,
7 commercial, industrial and public activities, to preserve
8 agricultural and other open lands, and to promote the public
9 health, safety, and general welfare. Mnnieipaiitiea Local
10 government units can prepare for anticipated changes and by smelt
11 preparations this oreoaration bring about significant savings in
12 both private and public expenditures. Mmnieipai Local
13 government planning, by providing public guides to
14 future mmnieipai action, enables other public and private
15 agencies to plan their activities in harmony with
16 the mmnieipaiitpls local government unit's plans. Mmnieipai
17 Local government planning will assist in developing lands more
18 wisely to serve citizens more effectively, will make the
19 provision of public services less costly, and will achieve a
20 more secure tax base. It is the purpose of sections 462735i
21 3�4 p'�' to 46i7364 394 /4'24o provide mmnieipaiitiee local
22 government units, in a single body of law, with the necessary
23 powers and a uniform procedure for adequately conducting and
24 implementing mmnieipai local government planning.
1
12/18/87 (COUNSEL ] DPM SC5889-9
1 Sec. 2. (394A.02] (DEFINITIONS. )
2 Subdivision 1. (TERMS. ] For the purposes of sections . . .
3 to . . . the terms defined in this section have the meanings given
4 to them.
5 Subd. 9 2. (CAPITAL IMPROVEMENT PROGRAM. ] "Capital
6 improvement program" means an itemized multiple year program
7 setting forth the schedule and details of specific contemplated
8 public improvements by fiscal year, including public
9 improvements in or related to air space and subsurface
10 areas necessary-fur-mined-underground-apace-development-pursuant
11 to-sections-4 2B-88-te-h92B:87, together with their estimated
12 cost, the justification for each improvement, the impact
13 that such the improvements will have on the current operating
14 expense of the municipality local government unit, and such
15 other information on capital improvements as that may be
16 pertinent. The capital improvements program may be included in
17 the implementation section of the comprehensive plan.
18 Subd. 3.. (CITY. ] "City" means a statutory or home rule
19 charter city.
20 Subd. 8 4. (COMMUNITY FACILITIES PLAN. ] "Community
21 facilities plan" means a compilation of policy statements,
22 goals, standards, maps and action programs for guiding the
23 future development of the public or semi-public facilities of
24 the municipality local government unit such as public buildings,
25 recreational, educational and, cultural, and emergency services
26 facilities.
27 Subd. 9 5. (COMPREHENSIVE PLAN. ] "Comprehensive plan"
28 means the a statement of goals, objectives, and
29 policies, statemert37-goals7-and-interre+ated-pians-for-private
30 end-public-+and-and-water-ase;-transportation,-and-eemmunity
31 facilities-including-reeommeneationa-fur-plan-execetion7
32 deetmented-in-texts7-ordinances-and-maps-which-constitute-the
33 guide-fur-the-future-development-of-the-county-or-any-portion-of
34 the-county and an existing and proposed land use mao or macs
35 showing present and future use of land. The plan may include,
36 without limitation, a land use plan, community facilities plan,
2
12/18/87 [COUNSEL ] DPM
SC5889-9
1 transportation lan, narks and omen space lan, sewer plan,
2 energy plan, water resource plan, solid waste plan, human
3 services •lan, environmental •rotection plan, •rowth mana.ement
4 •lan, capital improvement plan, a.ricultural preservation plan,
5 housin Ian, and recommendations for plan execution.
6 Subd. 6. [CONDITIONAL USE. ] "Conditional use" means a
7 land use or-dere}opment-as-defined-bp-ordinance-that-woes}d-not
8 be-appropriate-generaily-bat that may be allowed with
9 appropriate conditions or restrictions as provided by official
10 controls upon a finding that (1) certain conditions as detailed
11 in the zoning ordinance exist, and (2) the use or development
12 conforms to the comprehensive land use plan of the county and
13 (3) is compatible with the existing neighborhood.
14 Subd. 7. [EXISTING LAND USE MAP. ] "Existing land use map"
15 means a map or drawin• which •raphicall oortra s how land is
16 presently being used
17 Subd. }} 8. [GOVERNING BODY. ] "Governing body" in the case
18 of cities a city means the council by whatever name known, and
19 in the case of a town, means the town board of supervisors, and
20 in the case of a county, means the count board of commissioners.
21 Subd. 6 9. [LAND USE PLAN. ] "Land use plan" means a
22 compilation of policy statements, goals, standards, and maps,
23 and action programs for guiding the future development of
24 private and public property, including air space, surface, and
25 subsurface areas. The term includes a plan designating types of
26 uses for the entire mesnie=paiitp local government unit as well
27 as a specialized plan showing specific areas or specific types
28 of land uses, such as a_gricultural, residential, commercial,
29 industrial, public or semi-public uses or any combination of
30 such uses.
31 Subd. 10. [LOCAL GOVERNMENT UNIT. ] "Local government unit"
32 means a town, home rule charter or statutor cit , or count .
33 Subd. 8 11. [NONCONFORMITY. ] "Nonconformity" means any
34 legal use, structure or parcel. of land already in existence,
35 recorded, or authorized before the adoption of official controls
36 or amendments thereto that would not have been permitted to
3
12/18/87 (COUNSEL ] DPM SC5889-9
1 become established under the terms of the official controls as
2 now written, if the official controls had been in effect prior
3 to the date it was established, recorded or authorized.
4 Subd. i5 12. (OFFICIAL EANPRAbS CONTROL. ]
5 "Official controls control" er-"eentrels'L means erdinenees-end
6 regulations-which-control an ordinance adopted under sections.
7 31.r,A:°4.1 that controls the use or physical development
8 of all or part of a eitp7-county-or-town-er-any-part
9 thereef local government unit including air space, surface, and
10 subsurface areas necessary-fpr-mined-end r_greend-space
11 development-persuent-te-seetiens-44iB-93-te-4429.704, or any
12 detail thereof and ixnpiemert implements the general objectives
13 of the comprehensive plan. Official controls may include
14 ordinances establishing zoning, subdivision controls, site-pian
15 reguletiens7 sanitary codes, beiiding-eedes and official maps.
16 Subd. l9 13. (OFFICIAL MAP. ] "Official map" means a map
17 adopted in accordance with section 46i959 :` '* which may
18 show existing and proposed future streets, roads, and highways,
19 parks, schools, and other travel and public facilities of the
20 municipality-and-eountp local government unit, the area needed
21 for widening of existing streets, roads, and highways of
22 the municipeiitp-end-eeuney local government unit, existing and
23 proposed public air space and subsurface areas neeesserp-fpr
24 mined-andergroend-apace-development-pursuant-to-seetiens-4738..-93
25 te-472879 , and existing and future county state aid highways
26 and state trunk highway rights-of-way. An official map may also
27 show the location of existing and future public land, water, and
28 facilities within the :nunieipeirtp local government unit. in
29 eeunties-in-the-metrepoiiten-area-es-refined-in-section-443.-12};
30 effieiai-maps-may-Fpr-e-period-ci-tp-te-five-pears-eeeignete-she
31 beunderies-of-areas-reserved-ler-purpesee-of-sell-conservaeien7
32 water-supply-eonservntten7-flood-eentrei-end-surfeee-water
33 drainage-and-remevai-including-appropriate-regtlat4.ene
34 pretesting-such-areas-again:st-enereeehment-by-buiidings7- tre'
35 physical-struetares-er-faeiiities-
36 Subd. 14. [PLANNED UNIT DEVELOPMENT. ] "Planned unit
4
12/18/87 (COUNSEL J DPM SC5889-9
1 development" means development consisting generally of similar
2 or mixed land uses and housing types in which densities are
3 calculated on a project-wide basis.
4 Subd. i3 15. (PLAT. ] "Plat" means the drawing or map of a
5 subdivision prepared for filing of record paracent-to under
6 chapter 505 and containing all elements and requirements set
7 forth in applicable local regulations adopted pnrnrsene-te under
8 section 462..-3S& 3.�`.�; and chapter 505.
9 Subd. 16. (PRELIMINARY APPROVAL. ] "Preliminary approval"
10 means official action taken by a-mon ieipeiitp the government
11 unit on an application to create a subdivision which establishes
12 the rights and obligations set forth in section 4627358 ?;.r A. 1
13 and the applicable subdivision regulation. In accordance with
14 section 46275982 . . and unless otherwise specified in the
15 applicable subdivision regulation, preliminary approval may be
16 granted ortip-feiiewing-the-review-and-approval-of-a-preliminary
17 pias-or-ether-map for a preliminary plat or drawing other
18 preliminary subdivision Plan establishing without limitation the
19 number, layout, and location of lots, tracts, blocks, and
20 parcels to be created, location of streets, roads, utilities and
21 facilities, park and drainage facilities, and lands to be
22 dedicated for public use.
23 Subd. 17. (PROPOSED LAND USE MAP. ] "Proposed land use map"
24 means a map or drawing which graphically portrays the desired
25 future public and private use of land.
26 Subd. 18. [REZONING. ] "Rezoning" means an amendment to a
27 zoning ordinance which has the effect of changing the zoning
28 district classification of property.
29 Subd. i2 19. [SUBDIVISION. ] "Subdivision" means
30 the separation division of an area, parcel, or tract of land
31 under single ownership into two or more parcels, tracts, lots,
32 or long-term-ieasehoid other property interests where
33 the creation-of-the-leasehold-interest creation of the other
34property interests necessitates the creation or increased use of
35 streets, roads, or alleys, or other public facilities for
36 residential, commercial, industrial, or other use or any
5
12/18/87 [COUNSEL ] )PM SC5889-9
1 combination thereef7-except-these-separations- of these uses.
2 fat-Where-eii-she-resulting-pareeist-esness7-1ees7-er
3 Snterests-will-be-29-acres-er-larger-ir.-aiee-end-506-feet-in
4 width-fpr-residential-sees-and-five-acres-er-iarger-in-site se
5 eemmereiai-and-industrial-uses-
6 tbt Subdivision does not include divisions creating
7 cemetery lots;
8 fat-Resulting-fre:n-court-erderst or the adjustment of a lot
9 line by the relocation of a common boundary.
10 Subd. 14 20. (SUBDIVISION REGULATION. ] "Subdivision
11 regulation" means an ordinance adopted pursuant to
12 section 462-358 3?t h"� regulating the subdivision of land.
13 Subd. 21. (TOWN. ] "Town" means any town, including towns
3
14 with the powers of a statutory city pursuant to section
15 Subd. 4 22. (TRANSPORTATION PLAN. ] "Transportation plan"
16 means a compilation of policy statements, goals, standards, maps
17 and action programs for guiding the future development of the
18 various modes of transportation of the munieipalltp local
19 government unit and its environs, inn=uding-air-space-and
20 subsurfeee-areas-necessary-fpr-mined-underground-space
21 development-yrsrecent-ee-seetiens-47291.83-to-4929-B37 such as
22 streets, roads, and highways, mass transit, railroads, air
23 transportation, trucking and water transportation, and ineludes
24 may include a maker thoroughfare plan.
25 Subd. i0 23. (VARIANCE. ] "Variance" means any a
26 modification er-varistien of a development standard of an
27 official eenereis-:ehere-it-is-determined-that;-bp-reason-ef
28 exeeptionai-e1reu:-stenees control, as applied to a particular
29 property for the purpose of alleviating unnecessary difficulty
30 that would result from the strict enforcement application of the
31 official controls weuid-ear:se-unneeessery-hardship.
32 Subd. 24. (ZONING MAP. ] "Zoning map" means a map of the
33 local government unit which shows zoning district boundaries and
34 is a part of the zoning ordinance.
35 Sec. 3. 462.-353 (394A.03] (PLANNING AUTHORITY. ]
36 Subd7-2- Subdivision 1. (STUDIES AND REPORTS. ] In
6
12/18/87 (COUNSEL ] DPM SC5889-9
1 exercising its planning powers under-subdivision-1,
2 a municipality local government unit may collect and analyze
3 data, prepare maps, charts, tables, and other illustrations and
4 displays, and conduct necessary studies. A municipality local
5 government unit may publicize its purposes, suggestions, and
6 findings on planning matters, may distribute planning reports
7 thereen, and may advise the public on the planning matters
8 within the scope of its duties and objectives.
9 Subd. 3 2. [APPROPRIATION AND CONTRACTS. ] A municipality
10 local government unit may appropriate moneys from any fund not
11 dedicated to other purposes in order to finance its planning
12 activities. A municipality local government unit may receive
13 and expend spend grants and gifts for planning purposes and may
14 enter into contracts with the federal and state governments or
15 with other public or private agencies in furtherance of the
16 planning activities authorized by sections 4627351 gu"' "1•CIto
17 4627364
18 Subd. 4 3. (FEES. ] A municipality local government uni:
19 may prescribe fees sufficient to defray the costs incurred by it
20 in reviewing, investigating, and administering an application
21 for an amendment to an official control or an application for a
22 permit or other approval recuired under an official control
23 established pursuant-to under sections 462735i ' .: .F+ :`:. to
24 4627364-or-an-application-e'or-e-permit-or-ether-approael
25 required-under-an-official-centres-established-pursuant-to-those
26 sections . Fees-es A fee system shall be prescribed
27 shall-be by ordinance, but the ordinance may provide for
28 changing a fee amount by resolution.
29 Sec. 4. 394729 (394A.04] [MAY EMPLOY DIRECTOR AND STAFF. ]
30To carry out the purposes of sections 39�i-2+ 3 '' F " to
— 31 39473� �:?'..a.z•'
. the beard local government unit may employ a
32 planning director and such staff as it deems considers necessary
33 to assist the planning director in carrying out assigned
34 responsibilities, including but not limited to a zoning
35 administrator, sanitary inspector and a building official. �f
36 rte-p=anning-direeter-is-appointed; The board governing body
7
12/18/87 (COUNSEL ] DPM SC5889-9
1 shall designate a chief-administrative-officer person or persons
2 who shall administer the official controls. The beard governing
3 body may employ or contract with a planning authority or
4 commission, any agency of the state or federal government, a
5 regional development commission er-wish, planning consultants,
6 or with other specialists for seeh services as it requires.
7 Sec. 5. 394-3e (394A.05] (PLANNING COMMISSION. ]
8 Subdivision 1. (COUNTY PLANNING COMMISSION. ] Any-board-of
9 county-commissioners-map-by-ordinance-appoint-a-planning
10 commission-composed-of-not-leas-than-fide-nor-mere-than-eleven
11 members-appointed-by-the-chair-ef-the-beard.---At-least-two
12 members-shall-be-residents-of-the-pereien-of-the-county-outside
13 the-corporate-limits-of-municipalities- Before exercising the
14 authority granted by this chapter, the county shall by charter
15 or ordinance establish a planning commission composed of not
16 less than five members appointed by the governing body. The
17 county board shall appoint planning commission members to fairly
18 represent rural and urban geographic areas and population of the
19 county. At least one member of the planning commission shall
20 reside in the unincorporated area and one member shall reside in
21 the incorporated area of the county. The manner of appointment
22 and terms of office of the members shall be as provided in the
23 ordinance. No Not more than one voting member of the commission
24 shall be a county board member, or an elected or appointed
25 officer, or employee of the county. No Not more than one voting
26 member of the commission shall have received, during the two
27 years prior to appointment, any substantial portion of income
28 from business operations involving the development or sale of
29 land within the county for urban and urban related purposes. In
30 the ordinance establishing the planning commission the board may
31 designate any county officer board members or
32 employee employees as as ex officio member members of speh
33 the commission. Ex officio members of the commission are
34 non-voting members. The term of office and removal of any
35 member for nonperformance of duty or misconduct in office as
36 well as filling vacancies on the board shall be as provided in
8
12/18/87 (COUNSEL ] DPM SC5889-9
1 the ordinance creating the commission.
2 Subd. 2. (CITY AND TOWNSHIP PLANNING COMMISSION. ] Before
3 exercising the authority granted by this chapter, cities, and
4 towns, shall by ordinance or charter establish a planning
5 commission. The number of members, manner of appointment and
6 the terms, conditions, and recuirements of office shall be as
7 provided for in the charter or ordinance establishing the
8 commission. The governing body may designate itself as the
9 planning commission or may appoint other local government
10 officials or employees or any private citizen as members of the
11 planning commission.
12 Subd. '3. [EXPENSES. ] The members of the commission=-ether
13 than-members-ef-the-beard-ei-eee:nty-commissioners; may be
14 compensated in an amount determined by the eeunty-beard.---Alf
15 eemmissien-member?.;-ineiding-eeesnty-eemmissioners;-map-be-paid
16 their governing body, which may include a per diem and necessary
17 expenses in-attending to attend meetings of the commission and
18 in-the, conduct of-the-be:siness-ef-the commission business, or
19 attend training or educational programs. Nothing-in-this
20 seed iaisien-shah-be-eenstre:ed-te-prohibit-the-payment-of-a-per
21 diem-te-eeentp-commissioners-pe:rsetant-te-section-35-8557
22 se:bdivisien-i-
— 23 Subd. 4. (MANDATORY DUTIES AND RESPONSIBILITIES. ] The
24 planning commission shall-eieet-a-chair-and-secretary-from-among
25 its-ne-gibers-ane3-eeoperaee-with-the-panning7director-and-ether
26 amp}epees-ef-the-eet:nty-in-preparing-and-recommending-te-the
27 beard with the assistance of the planning director and other
28 persons employed by and under contract with the local government
29 unit shall prepare and recommend to the governing body for
30 adoption a comprehensive plan and, amendments to the plan,
31 recommendations for plan execution in the form of official
32 controls and other measures; and amendments-thereto amendments
33 to them. In all instances in which the planning commission is
34 not the final authority, as authorized in subdivision 5,
35 the planning commission shall review all applications for
36 conditional use permits. and plans for subdivisions of land and
9
12/18/87 (COUNSEL ] DPM SC5889-9
1 report thereon to the beard governing body. The commission
2 shall review and make recommendations on other clanning related
3 items as requested by the governing body.
4 Subd. 5. (ADDITIONAL DUT:ES AND RESPONSIBILITIES. ] The
5 board governing body may by ordinance assign additional duties
6 and responsibilities to the planning commission including but
7 not restricted to:
8 (1) the conduct of public hearings;_
9 ill the authority to order the issuance of some or all
10 categories of conditional use permits;_
11 (3) site plan review and approval;
12 (4) the authority to approve some or all categories of
13 subdivisions of-land;-and-the-atehoriey-ee-approve-seine-er-a++
14 categories-ef-planned-unit-dereiepments---She-pianneng
15 eemmission-map-be-reeeired-by-the-board-to; and
16 (5) the review any of comprehensive plans and, official
17 controls, and any plans for public land acquisition and or
18 development sent to the eoanep local government unit for that
19 purpose by any another local snit-ef government unit or any
20 state or federal agency ane-shaii-report-thereon-in-writing-to
21 the-board.
22 Sec. 6. 394-2 [394A.06] (EREATi6N-ANB-BUTTES-8P-A BOARD
23 OF ADJUSTMENT. ]
24 Subdivision 1. (CREATION. ] Whenever e-beard-of-eoantp
25 eommiasionera-shall-=are-adopted the governing body adopts
26 official controls it shall at the same time as the adoption
27 of such the controls create a board of adjustment by ordinance.
28 Subd. 2. (BOARD MEMBERS. ] The board of adjustment shall
29 consist of at least three but not more than seven members;
30 ineieding. The board of adjustment of a county shall include at
31 least one member from the unincorporated area of the county;
32 whose. The appointment, term of office, er and removal from
33 the of board members shall be aa-previded specified in the
34 ordinance creating the board of adjustment;-provided-that. No
35 elected officer of the eeunty local government unit nor any
36 employee of the beard-of-eemmissioners governing body shall
10
12/18/87 (COUNSEL ] DPM SC5889-9
1 serve as a member of the board of adjustment and-that unless the
2 governing body is also the planning commission. If the
3 governing body is also the planning commission, one member of
4 the governing body shall serve on the board of adjustment. One
5 member of seers the board of adjustment shall also be a member of
6 any planning commission appointed under the provisions of
7 sections 394.-2} '
''• 4• . . to 394-37 ... . ..? In counties not more
8 than one member of the board of adjustment may also be a member
9 of the planning commission, or in cities and towns the planning
10 commission, or members of it, may serve as the board of
11 adjustment if the governing body is not the planning
12 commission. In an ordinance creating a three member board of
13 adjustment, provision may must be made for one alternate
14 member. The alternate board member shall, when directed by the
15 chair, attend all meetings of the board and participate fully in
16 its activities but shall not vote on any issue unless authorized
17 to do so by the chair. The chair shall authorize the alternate
18 board member to vote on an issue when a regular member is
19 absent, physically incapacitated, abstains because of a possible
20 conflict of interest, or is prohibited by law from voting on
21 that issue. Any question of whether a particular issue involves
22 a conflict of interest sufficient to disqualify a regular board
23 member from voting thereon shall be decided by majority vote of
24 all regular board members except the member who is being
25 challenged. In the ordinance establishing the board of
26 adjustment provision may be made for removal of any member for
27 nonperformance of duty or misconduct in office and for the
28 filling of vacancies for any unexpired term. The regular and
29 alternate members of ae:eh the board of adjustment may be paid
30 compensation in an amount determined by the eee:nty
31 beard governing body and may be paid their necessary expenses in
32 attending meetings of the board and in the conduct of the
33 business of the board.
34 Subd. 3. (OFFICERS; PUBLIC RECORD. ) The board of
35 adjustment shall elect a chair and vice-chair from among its
36 members and shall appoint a secretary who need not be a member
11
12/18/87 [COUNSEL ] DPM SC5889-9
1 of a the board. It shall adopt rules for the trensactiem-ef-its
2 eusimess-and-shaii-keep-a-peeiic-record-ef-its-tremsactien;
3 findings;-and-determi.:atiems conduct of Proceedings before it,
4 which may include placing witnesses under oath, questioning
5 witnesses, and accepting written material. The board shall keep
6 a public 'record of all of its proceedings, including minutes of
7 its meetings, a statement of the facts and the action taken
8 based upon the statement of facts on each matter heard, and the
9 final order. Staff reports and petitions must be included if
10 available.
11 Subd. 4. (MEETINGS. ] The meetings of the board of
12 adjustment shall be held at the call of the chair and at each
13 other times as that the board may specify in its rules of
14 procedure may-speei_y.
15 Subd. 5. (AUTHORITY. ] The board of adjustment shaii-bade
16 the-aetherty is authorized to order the issuance of variances,
17 hear and decide appeals from and review any order;-requirement;
18 deeisien;-er-determtratier.-made action taken by any
19 administrative official charged-with-enfereing-any-erdimence
20 adopted-pursuant-te-the-prerisiem-a -sections-394.-2i-te
21 394-33 responsible for the enforcement of official controls,
22 order the issuance of permits for buildings in areas designated
23 for future public use on an official map, and perform such other
24 duties as that are required by the official controls. Such
25 appeal-map-be-taken-ey-eny-persen-aggrieved-er-by-any-oficer;
26 department;-board-er-euresu-ef-a-team;-municipality;-ceurty;-er
27 state- In exercising its powers under this subdivision, the
28 board of adjustment shall take into consideration the-team
29 beardls-reeemmendattem recommendations of the governing body of
30 another local government unit when the board of adjustment's
31 decision directly affects land within the team other local
32 government unit.
33 Subd. 8 6. [BOARD ORDER. ] A certified copy of any order
34 issued by the board of adjustment acting upon an appeal from an
35 erder;-requirement;-decision-er-determinattem any action taken
36 by an administrative official; or a request for a variance;
12
12/l8/87 [COUNSEL ] DPM SC5889-9
1 shall be filed with-tie-cotnry-recorder-er-registrar-of-rides
2 for-record.---The-order-iseted-by-the-board-of-ad;tatment-anali
3 incitde-the-legal-description-of-tr:e-property-involved in
4 accordance with section 3-f't A •'
Notice of the order shall be
5 mailed to the a•plicant and any other person at the hearin. who
6 submits a written request for mailed notice. The beard-bp
7 ordinance governing body shall designate by ordinance the eetnty
8 local government official or employee responsible for meeting
9 the requirements of this subdivision. Any order issued by the
10 board is effective when issued.
11 Subd. 9 7. [RIGHT TO APPEAL. ] All decisions by the board
12 of adjustment in granting variances or in hearing appeals from
13 any administrative order;-regtirement,-decision-or-determination
14 action shall be final except that any aggrieved person or
15 persona;-or-any-department;-beard-er-commission-of-the
16 jeriadiction-or-of, any local government unit, or the state
17 shall have the right to appeal within 30 days;-after-regcipt-of
18 notice of the decision; to the district court in the county in
19 which the land is located on questions of law and fact. Appeals
20 of cit and town board of ad 'ustment decisions ma first be made
21 to the •overnin• bod or town board within 30 days of the
22 decision, and thereafter appealed to the district court within
23 30 da s of the decision of the •overnin. bod or town board.
24 Subd. 8. [TRAINING,
QUAI'ILICATIONS. ] The governing body
25 may by resolution, establish qualifications and standards for
26 members of the board of ad 'ustment. The •overnin. body ma also
27 a•.rooriate funds to •a for expenses incurred b board members,
28 •rior to or after appointment to the board, for attendance at
29 trainin. or educational pro•rams that will assist board members
30 in meetin. the established •ualifications and standards.
31 Sec. 7. 46273585 [394A.07] [JOINT PbANNiNG ADVISORY
32 BOARD. ]
33 Upon-regtest-of-a-home-rtie-c.
4arter-or-statatorp-eitp
34 cotnesi-er-coantp-er-town-board-bp-reseittion-presented-to-the
35 eotnty-atditer-of-the-cotntp-of-the-affected-territory-e-beard
36 shall-be-established-to-exercise-planning-and-land-ase-control
13
12/18/87 (COUNSEL I DPM SC5889-3
attherity-in-the-ur..neorperated-area-within-two-mires-e -the
2 corporate-1 Nit -ef-a-eit77--The-beard- hai-have-members-:n-e
3 number-determined-by-the-city;-etnty--and-teamT--Each
4 gover amental-unit- haii-have-an-equal-number-of-membersT--'he
5 members-shall-be-appointed-from-the-governing-bodies-ei-the
6 city;-county;-end-town.---deem-request-of-mere-than-ore-conty-er
7 tears-board-with-respect-to-the-unireerporated-gree-withim-twc
8 miles-of-the-eerperate-limits-ef-a-single-city;-the-parties-may
9 create-one-board-rather-than-a-separate-begird-for-each-county- r
10 town;-with-equal-membership-.rem-each-affected-governmental
11 tnitT--The-beard-shaii-serve-as-the-governing-body-and-beard-ef
12 apeenis-and=adjustments-ion-purposes-of-seetien2-462-351-to
13 462-7364-with..:-tie-two-mice-area---The-beard-shaii-have-all-ef
14 the-powers-enteimed-in-seetiens-46ir35i-te-4627564-amd-shal1
15 have-attherity-te-adept-arid-enforce-the-uniform-fire-cede
16 promulgated-ptrstant-ee-section-399178117--The-city-shaii
17 provide-staff-for-the-prepeeetien-and-administration-ef-}and-use
18 eertreis-tn.ess-etherwise-agreed-by-the-governmental-unitsT--$'_
19 a-mtmieipa_.ty-extends-the-apelieat.en-ef-its-stbdivisien
20 regtiatins-te-unineerporaeed-territory-located-w.th.n-two-mics
21 of-its-limit5-pursuant-to-3ection-462.73587-subdivision-re;
22 before-the-ereatien-ei-a- eint-beard;-the-subdivision
23 regtiatens-which-the-municipality-has-extended-shaii-epoxy
24 tnt.i-the-;ei.-.t-Beard-adopt -512bdiaision-regtiatsens-
25 Subdivision 1. (CREATION. ] Upon request of a local
26 government unit in the designated area, by resolution presented
27 to the county auditor of the county or counties containing the
28 designated area, a joint advisory board shall be established to
29 review existing and future land use issues affecting the
30 designated area or portion of it identified in the resolution.
31 The board may make recommendations to the governing body of any
32 local government unit in the designated area. The number of
33 board members shall be determined and appointed by the local
34 government units having jurisdiction over any Portion of the
35 designated area or portion of it identified in the resolution.
36 Each local government unit shall have an equal number of members.
14
12/18/87 [COUNSEL ] DPM SC5889-9
1 Subd. 2. [DESIGNATED AREA. ] For the purposes of sections 7
2 and 8, "designated area" means in unincorporated areas the area
3 within two miles in any direction from the corporate limits of a
4 city and in incorporated areas the area within one-quarter mile
5 of the corporate limits of the city in which joint land use
6 review or land use control authority is considered necessary as
7 identified in the resolution requesting creation of the joint
8 advisory board or the joint planning board.
9 Sec. 8. [394A.08] (JOINT PLANNING HOARD. ]
10 Subdivision 1. (CREATION. ] Upon presentation of a
11 resolution passed by two-thirds of all local government units on
12 the joint advisory board to the county auditor of the county or
13 counties containing the designated area, a joint planning board
14 shall be established and authorized to develop plans and land
15 use controls. Upon creation of the joint planning board, the
16 joint advisory boards are terminated. Representation on the
17 joint planning board shall be the same as the joint advisory
18 board and may include the same members.
19 Subd. 2. [AUTHORITY. ] The joint planning board shall serve
20 as the planning commission within the designated area for
21 purposes of sectio `7.F::`ity- 4..P..--jr Adoet-ion _ate-ameadmera.t
22 of plans and official controls and any other board action shall
23 be by resolution of a majority of all members of the board. All
24 board actions and recommendations must be acted upon by each
25 local government unit represented on the joint planning board
26 within 45 days of receipt of recommendation. If plans and
27 official controls adopted by the board are approved by all local
28 governments represented on the board, plans and ordinances
29 currently in effect must be revised to reflect the board's
30 recommendation.
31 Subd. 3. (DISSOLUTION. ] The joint advisory board and the
32 joint planning board may be dissolved by a resolution adopted by
33 two-thirds of the governments represented on the board and
34 presented to the county auditor .of the county or counties
35 containing the designated area.
36 Subd. 4. [STAFFING. ] The county shall provide staff to
15
12/18x87 (COUNSEL ] DPM SC5889-9
1 assist the joint advisory board and the joint planning board in
MIS
2 carrying out their duties as specified in sectiong....-and--:.
3 unless otherwise agreed by the local government units.
4 Sec. 9. 4621-355 [394A.09] (PREPARATION, ADOPTION, AND
5 AMENDMENT OF COMPREHENSIVE MBNrE=?Al PLAN AND OFFICIAL
6 CONTROLS. ]
7 Subdivision 1. (PLAN PREPARATION AND REVIEW. ] Before a
8 local government unit may adopt official controls, it must adopt
9 a comprehensive plan in accordance with section A , subdivision
10 .4 The planning agency commission shall prepare the
11 comprehensive municipal plan. In discharging this duty the
12 planning agency commission shall consult with and coordinate the
13 planning activities of ether departments and agencies of
14 the municipality local government unit to insure conformity with
15 and to assist obtain assistance in the development and
16 implementation of the comprehensive munieipai plan. In its
17 planning activities the planning agency commission shall take
18 due cognizance of the planning activities of adjacent units of
19 government and other affected public agencies. The
20 planning agency commission shall periodically review the plan
21 and recommend amendments whenever necessary.
22 Subd. 2. [PROCEDURE FOR RECOMMENDING PLAN ADOPTION AND
23 AMENDMENT. ] The planning agency-may;-unless-ethermise-provided
24 by-charter-or-ordinance-consistent-with-the-municipal
25 charter; commission shall recommend to the governing body the
26 adoption and-amendment-=rem-time-te-time of a comprehensive
27 municipal plan. The plan may be prepared and adopted
28 recommended for adoption in sections, each of which relates to a
29 major subject of the plan or to a major geographical section of
30 the municipality.---The-gererning-belly-map-propose-ehe
31 eemorehensive-municipal-plan-and-emendmerts-te-it-by-reselutien
32 submitted-to-the-planning-agency local government unit.
33 Before adapting the planning commission recommends the adoption
34 or amendment of the comprehensive municipal plan or any
35 section sr-amendment of the plan, the-planning-agency-shall-held
36 at-least-one-public-nearing-thereon---A-netiee-er-the-time,
16
12/18/87 (COUNSEL ] DPM
SC5889-9
1 place-and-purpose-ef-the-hearing-shail-be-ptbiished-emee-ir.-the
2 official-newspaper-of-the-manieipaiity-at-;east-ten-daps-before
3 the-dap-of-the-nearing the notice and public hearing
4 requirements specified in section ?a`' 4
must be met.
5 Snbd7-37--tABepTieN-Bi'-6AVERNiN6-BAB'f7i-A-proposed
6 comprehensive-pian-er-an-amendment-to-it-map-net-be-acted-upon
7 bp-the-governimg-bedp- ntii-it-hes-received-the-recommendation
8 of-the-planning-agency-or-ertii-69-daps-here-elapsed-from-the
9 date-an-amendmene-prepeed-bp-the-governing-body-has-been
10 submitted-to-the-planning-agency-for-its-recommendation.---Bniess
11 ether rise-provided-bp-charter;-the-governing-bedp-may-by
12 reseiatien-by-a-two-thirds-vete-of-ail-ef-it -members-adept-and
13 amend-the-comprehensive-pian-er-eortien-thereof-as-the-official
14 menieipai-pian-aeon-sae:+-notice-and-hearing-as-Zap-be-prescribed
15 by-erdinenee.
16 Subd. 3. (INITIATION. ] Comprehensive plans and official
17 controls and amendments to them may be initiated by the
18 governing body or the planning commission. A rezoning amendment
19 may be initiated by petition of all of the owners of the subject
20 property. Upon receipt of a petition of property owners a
21 public hearing must be held on the proposal.
22 Subd. 4. (REFERRAL. ] Any proposed comprehensive plan,
23 official control, or amendment to any existing comprehensive
24 plan or official control that is not initiated by the planning
25 commission must be referred to the planning commission for study
26 and report. The governing body shall not act upon a proposed
27 comprehensive plan, official control, or amendment until it has
28 received a written recommendation of the planning commission on
29 the proposal or until 60 days have elapsed from the date of the
30 start of the public hearing held on the proposal.
31 Subd. 5. (NOTICE AND PUBLIC HEARING. ] An official control
32 or comprehensive olan may not be adopted or amended until the
33 notice and public hearing requirements specified in section
34 are met.
35 Subd. 6. (ADOPTION. ] The
governing body may by a majority
36 vote of all of its members adopt or amend an official control or
17
12/18/87 COUNSEL ] DPM SC5889-9
1 comprehensive plan as recommended by the planning commission.
2 If a planning commission fails to make a recommendation within
3 the 50-day period specified in subdivision 4, or if the
4 governing body does not follow the planning commission's
5 recommendation, the governing body may adoot or amend an
6 official control or comprehensive plan only by a two-thirds vote
7 of all of its members.
8 Subd. 7. (AMENDMENT; CERTAIN CITIES OF THE FIRST CLASS. ]
9 The provisions of this subdivision apply to cities of the first
10 class. In such cities amendments to a zoning ordinance shall be
11 made in conformance with this section but only after there shall
12 have been filed in the office of the city clerk a written
13 consent of the owners of two-thirds of the several descriptions
14 of real estate situate within 100 feet of the total contiguous
15 descriptions of real estate held by the same owner or any party
16 purchasing any such contiguous property within one year
17 preceding the request, and after the affirmative vote in favor
18 thereof by a majority of the members of the governing body of
19 any such city. The governing body of such city may, by a
20 two-thirds vote of its members, after hearing, adopt a new
21 zoning ordinance without such written consent whenever the
22 planning commission of such city shall have made a survey of the
23 whole area of the city or of an area of not less than 40 acres,
24 within which the new ordinance or the amendments or alterations
25 of the existing ordinance would take effect when adopted, and
26 shall have considered whether the number of descriptions of real
27 estate affected by such changes and alterations renders the
28 obtaining of such written consent impractical, and such planning
29 commission shall report in writing as to whether in its opinion
30 the proposals of the governing body in any case are reasonably
31 related to the overall needs of the community, to existing land
32 use, or to a plan for future land use, and shall have conducted
33 a public hearing on such proposed ordinance, changes or
34 alterations, of which hearing published notice shall have been
35 given in a daily newspaper of general circulation at least once
36 each week for three successive weeks prior to such hearing,
18
12/18/87
(COUNSEL ] DPM SC5889-9
1 which notice shall state the time, place and purpose of such
2 hearing, and shall have reported to the •overnin- body of the
3 city its findings and recommendations in writing.
4 Subd. 8. (COMPREHENSIVE PLAN CONSISTENCY. ] Official
5 controls adopted under sections 3`2• `': to 31� /'•=
shall
6 implement the ur.ose, ob •ectives, and policies of the
7 comprehensive plan. Official controls must be consistent with
8 the comprehensive plan. Consistent means not allowin• land use
9 and development that will prevent the planned land use as
10 desi-Hated within specific areas in the comprehensive plan. The
11 -overnin- bod 's decision as to the timin• of the implementation
12 of the comprehensive plan shall not be the basis for findin. an
13 inconsistent between the plan and the official controls.
14 Subd. 9. [
] O------------
fficial controls adopted
15 b a covernin• body shall appl to and be bindin- upon the local
16 government unit or any parts of it.
Official controls of
17 counties shall also be bindin• within the boundaries of a cit
18 when recuested b the city under section 13.
19 • Subd. 10. [
] For the area within which
20 official controls are effective, such controls shall apply to
21 the use of land for both private and public purposes, provided
22 that the need for adecuate, timel , and convenient .ublic and
23 semi-public services and facilities must receive due
24 consideration in the formulation, administration, and
25 enforcement of all official controls and no land owned or leased
26 b the federal or state -overnment shall be sub •ect to official
27 controls of an local •overnment unit. With respect to the use
28 of land for .ublic purposes, the -rovisions of this subdivision
29 shall not ap.1 in the metropolitan area as described in section
30 473.122.
- 31 Sec. 10. (394A.10] (APPEAL PR6EESS OF ACTIONS OF
32 ADMINISTRATIVE OFFICIAL. ]
33 An An a..rieved person or an official of the local
34 rnment unit may
appeal frem any order7-regirement735 dee:sine -er-determination-of-app action taken by any
36 administrative offieiei-.sheii-be-taker.-iZ-seek official
19
12/18/87 [COUNSEL ] DPM SC5889-9
1 responsible for the enforcement of official controls by filing a
2 notice of appeal with the board of adjustment within the time as
3 shall-be-prescribed specified by the ordinance creating the
4 board of adjustment by-filie:g-with-the-beard-ef-adjustment-a
5 netiee-ef-appeal-speei;ping-the-greunds-shereef. The board of
6 adjustment shall fix set a reasonable time for the hearing of
7 the appeal and give dere ten days' notice thereef to the
8 appellant and, the officer from whom the appeal is taken, and to
9 the public and-deeide-the-acme-within-e-reasonable-time-whieh
10 shell-be-defined-in-the-erdinanee-establishing-the-beard-ef
11 adjustment. An appeal stays all proceedings in furtherance of
12 the action being appealed from unless the board of adjustment to
13 ahem-the-appeal-is-taken certifies that by reason of the facts
14 stated in the certificate a stay would cause imminent peril to
15 life or property. The board of adjustment may reverse o: affirm
16 wholly or partly, or may modify the-erder7-regtirement7
17 deeisien7-er-determinatien anv action being appealed free and to
18 that end shall have all the powers of the officer from whom the
19 appeal was taken and may direct the issuance of a permit. The
20 reasons for the board's decision shall be stated in writing. An
21 appeal from an action taken by an administrative official must
22 be decided within 90 days of the notice of aooeal.
23 SubdT-77 Sec. 11. [394A.11] [AP?SASS-PREM-eFFSEIAa-MAP
24 VARIANCES. ]
25 The board of adjustment shall have the exclusive power to
26 order the issuance of variances from the terms of any official
27 control including restrictions placed on nonconformities, when
28 strict application of the official control would cause
29 unnecessary difficulty. Variances-shah-snip-be-permitted-when
30 they-are-in-hermenp-with-the-general-purposes-and-intentlei-the
31 eftieial-eentrei-in-eases-when-t=ere-are-eraetiesi-diffietities
32 er-partieclar-hardship-in-the-wap-ef-carrping-out-the-strict
33 letter-of-anyleftleis}-eentrei—ard-when-the-terms-ef-the
34 yaria.-.ee-are-eensistent-with-the-eenprehensiye-pienT--,,Hardshipu
35 ea-used-in.-eenneetien-with-the-gra.n.tinglei-a-variance-means-the
36 prepertp-in-question-can»et-be-put-tela-reasonable-use-ii-ssed
20
12/18/87 (COUNSEL ) DPM SC5889-9
1 under-the-conditions-eilowed-O7-tie-official-eentrois-
2 "Unnecessary difficulty" means that:
3 (1) the property as restricted by the official controls
4 cannot be reasonably used for the intended purposes, including
5 solar energy systems and earth-sheltered construction;
6 the plight of the landowner applicant is due to
7 circumstances unique to the property not-created-by-the
8 landowner;
9 (3) the circumstances were not created by the applicant or
10 another Party that has or has had in the past an interest in the
11 land; and
12 ill the variance, if granted, will not alter the essential
13 character of the locality, will not unreasonably impair the use
14 or development of nearby property, and will be in keeping with
15 the spirit and intent of the comprehensive plan and official
16 controls.
17 Economic-considerations-alone-shall-not-constitute-a
18 hardship Neither acquiring an interest in property nor good
19 faith improvement of property shall constitute the creation of
20 circumstances causing the difficulty. Economic considerations
21 alone shall not constitute an unnecessary difficulty if a
22 reasonable use for the property exists under the terms of the
23 ordinance. Variances-shall-be-granted-ler-earth-sheltered
24 eonstretion-as-defined-in-section-ii637967-subdivision-2;-when
25 in-herneny-with-the-official-controls- No variance may be
26 granted that would allow any use that is prohibited in the
27 zoning district in which the subject property is located. The
28 board of adjustment may impose additional restrictions or
29 conditions in-the-granting-of-variances-to-insure-eonpiienee-and
30 that it considers necessary to protect adjacent properties and
31 the public interest including, but not limited to, matters
32 relating to appearance, lighting, hours of operation,
33 environmental protection, and performance characteristics. The
34 board-of-edjustnent-nay-consider-the-inability-to-use-solar
35 energy-systems-a-uhardshipu-in-the-granting-of-varzerees- When
36 appropriate restrictive covenants may be entered into regarding
21
12/18/87 (COUNSEL I DPM SC5889-9
1 these matters. The conditions necessary for finding an
2 unnecessary difficulty constitute the exclusive basis for
3 granting a variance and supersede all other requirements,
4 including those in local ordinances and in state agency
5 regulations. Variances may be granted on a temporary basis.
6 Variances remain in effect and attached to the subject property
7 regardless of ownership, as long as the restrictions and
8 conditions attached to the variance are observed. A change in
9 ownership of prooerty does not affect the validity of a variance
10 granted to the oroperty if the conditions necessary for finding
11 an unnecessary difficulty continue to exist.
12 Sebd--47 Sec. 12. (394A.12] (INTERIM ORDINANCE. ]
13 If a mentetpeittp local government unit is conducting
14 studies or has authorized a study to be conducted or has held or
15 has scheduled a hearing for the purpose of considering adoption
16 or amendment of a comprehensive plan or official controls as
17 defined-tn-seetten-46273537-sebdiviatee-15, or if new territory
18 for which plans or official controls have•not been adopted is
19 annexed to a menietpaittp local government unit, the governing
20 body 0f-the-municipality may adopt an interim ordinance la
21 majority vote of its members applicable to all or part of its
22 jurisdiction for the purpose of protecting the planning process
23 and the health, safety and welfare of its citizens. The interim
24 ordinance may regulate, restrict or prohibit any use,
25 development, or subdivision within the jurisdiction or a portion
26 thereof for a period not to exceed one year from the date it is
27 effective, and may be extended for seep additional periods as
28 the municipality local government unit may deem consider
29 appropriate, not exceeding a total additional period of 18 12
30 months. No interim ordinance may halt, delay, or impede a
31 subdivision which that has been given preliminary approval prior
32 to the effective date of the interim ordinance. Notice and a
33 public hearing are not required for the adoption of an interim
34 ordinance. An interim ordinance must be published within a
35 reasonable time, but notwithstanding any law or charter
36 provision to the contrary, is effective upon enactment.
22
12/18/87 [COUNSEL ] DPM SC5889-9
1 Sec. 13. 394732 [394A.13] [INTERGOVERNMENTAL COOPERATION
2 WITH-MUNIEiPABiTiES. ]
3 Subdivision 1. [PLANNING AND ZONING SERVICES. ] The
4 governing body of any-municipality a local government unit may
5 contract with the board governing body of another local
6 government unit far planning and zoning services to-be-presided
7 by-the-eeunty;-and, including preparation of a comprehensive
8 plan and official controls. The contract may provide that the
9 municipality local government unit shall pay sten fees as-ere
10 agreed for the services performed.
11 Subd. 2. [JOINT PLANNING ACTIVITIES. ] The contract between
12 the-governing-belly-of-the-mmnieipality-and-the-beard local
13 government units may provide among other things for
14 joint eemnty-amnieipal planning activities, or it may designate
15 the beard governing body of one local government unit as the
16 planning agency commission for the-municipality another local
17 government unit.
18 Subd--31.--Tne-governing-belly-ef-any-mmnieipaiity-:nay
19 request-a-county-beard-te-smbmit-te-such-governing-bevy-a
20 eemprehensive-plan-for-the-municipality-setting-tenon-amen
21 previsions-as-tne-beard-deems-applicable-te-the-amnieipaiity-and
22 for-its-best-interests;-er-te-include-the-area-within-the
23 manieipality-in-a-catntywide-eemprehensive-plan.;-er-to-prepare
24 official-centreis-te-apply-te-the-area-within-the-mmnicipality-
25 Notwithstanding-the-adaption-of-the-comprehensive-plan-enc
26 reeemmendatiera- or-the-municipality-tae-plan-and
27 reeemmendatiens-shall-net-be-binding-until-official-centrels-are
28 adopted-by-the-municipality-in-aeeerdanee-with-the-plan-or-antil
29 the-county-adopts-official-eentrels-for-the-areas-within-the
30 ineerporated-limits-of-toe-municipality-when-requested-by-the
31 governing-bedp-ef-the-municipality.---After-the-county-adepts
32 official-controls-for-areas-within-a-municipality;-the-eeantp
33 shall-enforce-the-cenerels-unless-the-county-end-mmnieipality
34 provided-otherwise-by-agreement---A-municipality-may-at-anp
35 time;-by-resolution-ef-its-governing-bedp;-take-Byer-planning
36 funetiens;-including-adoption-and-enfereement-ef-effieial
23
12/18/87 (COUNSEL ] DPM SC5889-9
1 eentreia;-with-respect-te-arees-within-its-eerperete-_unite-few
2 which-e-eeetntp-her edepted-ef^ieiel-eentreis-
3 See--i ---394733-^REBATieNS-WSTH-?9WN5-i
4 Sebdirieten-i- Subd. 3. (RELATIONS WITH TOWNS. ] The
5 governing body of any town ineiending-enp-tewn-with-the-pewere-ef
6 e-stetesterp-eitp-pesreuert-to-iew may continue to exercise the
7 authority to plan and zone as provided by law, but after the
8 adoption of official controls for a county or portion thereef of
9 it by the board of county commissioners no town shall enact or
10 enforce official controls inconsistent with or less restrictive
11 than the standards prescribed in the official controls adopted
12 by the board. "Inconsistent" has the meaning given to it in
13 section 24. Nothing in this section shall limit any town's
14 power to adopt official controls, including shoreland
15 regulations which are more restrictive than provided in the
16 controls adopted by the county. Upon the adoption or amendment
17 of any official controls the governing body of the town shall
18 file a certified copy thereof with the county recorder or
19 registrar of titles for record. A certified copy of any
20 official controls of any town which are in effect on August 1,
21 1974 shall also be filed by the governing body of the town with
22 the county recorder or registrar of titles for record within one
23 year from August 1, 1974.
24 The board of supervisors of any town which has adopted or
25 desires to adopt building and zoning regulations and
26 restrictions pursuant to law shall have the authority granted
7R
27 the governinc body of any city as provided in section . _ . .._..
28 Sec. 14. 394-36 [394A.14] (NONCONFORMITIES. ]
29 Subdivision 1. (AUTHORITY TO CONTINUE. ] Any nonconformity_
30 including the lawful use or eeee:petten occupancy of land or
31 premises, existing at the time of the adoption of an official
32 control hereeender may be continued, except as regulated,
33 terminated or acquired by the beard governing body as provided
34 in subdivisions 2 or 3, although seseh-eee-er-eeeepetten the
35 nonconformity does not conform to the provisions thereef of the
36 official controls, but if seeeh the nonconformity or-eevepenep is
24
12/18/87 [COUNSEL ] DPM SC5889-9
1 discontinued for a period of more than one year, or any
2. nonconforming building or structure is destroyed by fire or
— 3 other peril to the extent of 50 percent of its market value, any
4 subsequent use or occupancy of the land or premises shall-be-e
5 conforming-use-er-occupancy must conform to the terms of the
6 official controls.
7 Subd. 2. (ELIMINATION. ] The beard governing body may by
8 ordinance adopt such regulations not contrary to law as that it
9 deems considers desirable or necessary to classify, regulate re and
10 control, reduce the number or extent of and provide for the
11 gradual elimination of nonconformities and occupancies,
12 including requiring nonconformities to conform with the official
13 controls of the eeuney local government unit or terminate within
14 a reasonable time as specified in the official controls. The
15 beard governing body may by ordinance impose upon
16 nonconformities additional regulations relating to appearance,
17 signs, lighting, hours of operation and other aesthetic
18 performance characteristics including but not limited to noise,
19 heat, glare, vibrations and smoke.
20 Subd. 3. (ACQUISITION. ] A nonconformity that is determined
21 by the beard governing body to be detrimental to the achievement
22 of the goals and objectives of the comprehensive plan may be
23 acquired by the beard governing body by purchase.
24 Sec. 15. (394A.15] [ZONING. ]
25 Subdivision 1. [AUTHORITY P8R-EONIN6. L Per-the-purpose-o'
26 promoting-the-pubi4e-health;-safety;-morals-and-geaersi-welfare;
27 e-municipaiitymey-by-ordinance-regulate-en-the-eerthis-surface;
28 in-the-air-space-abode-tie-surface;-and-in-subsurface-areas;-the
29 location;-height,--widen -bulk;-type-ef-foundation--number-ef
30 stories;-site-ef-buildings-end-ether-structures;-the-pereenrece
31 of-let-which-may-be-occupied;-the-site-ef-yards-and-ether-open
32 spaces;-the-density-ane-distribution-ef-population;-the-uses-of
33 buildings-and-structures-For-trade,--industry,--residence;
34 recreation:-public-setivities--er-ether-purposes;-and-the-uses
35 of-land-for-trade;-industry,--residence;-recreation;-agriculture;
36 forestry;-soli-eonseraten7-water-supply-eorservet4en7
25
12/13/87 (COUNSEL I DPM SC5889-9
1 conservetien-of-thereiands7-es-defined- n-5ection-i95T4957
2 access-te-direct-sntight-for- ou r-energy-syteems-es- ei m ed-in
3 section-}}6(5-796--(iced-contrei-or-ether-perpose7-aid-map
4 estabizh-standards-end-procedures-regulating-such-tsesT--ye
5 regulation-map-prohibit-earth-she:feted-eenstruetien-es-defined
6 in-seetien-11637867-5ubdiv45in-47-or-manufactured-hones-6uilt
7 in-eerfernaree-with-sections-347..-31-te-347735-that-comply-With
8 ail-ether-zoning-eminences-promulgated-purses..^.t-ee-this
9 seetionT A local government unit may adopt zoning ordinances
10 regulating air space, surface, and subsurface areas for the
11 purpose of promoting the public health, safety, morals, and
12 general welfare.
13 Subd. 2. (ZONING DISTRICTS. ] The regulations adopted under
14 this section may divide the air space, surface, eboae-sur=ace7
15 and subsurface areas of the municipality local government unit
16 into districts or zones of suitable numbers, shape and area.
17 The regulations within each district shall be uniform for each
• 18 class or kind of buildings, structures or land and for each
19 class or kind of use throughout-sueh-district7-bat-the.
20 Regulations in one district may differ from those in other
21 districts. The-erainanee-embodying-these-regulations-she-l-be
22 known-es-the-zoning-erdinenee-and-sheii-consist-ef-text-era
23 mae7--A-city-lap-bp-5rdinance-extend-the-appiiceeien-os-fes
24 zoning-regulatin.s-t -uni.-.corperated-territory-ieeeted-Within
25 tae-mines-of-its-limits-in-any-direetien7-bet-net-in-a-county-or
26 town-which-has-edeeted-zoning-regulations;-provided-thee-where
27 two-er-more-nencentiguees-municipalities-hare-boundaries-less
28 than-four-miles-aoart7-each-is-authorized-te-centrei-the-zening
29 ef-fend-en-its-side-o -a-fine-equdistant-between-the-two
30 nencontguoes-municipalities-unless-a-town-or-county-in-the
31 affected-avec-has-adopted-zoning-regulations.---Any-city-map
32 thereafter-enforce-such-regclaliens-in-the-area-to-the-same
33 extent-es-if-such-property-were-situeted-within-its-corporate
34 limits7-unt4l-the-county-or-town-board-a8epts-e-cemprehersire
35 zoning-reguleeion-Which-inciudes-the-areal
36 SnbdT-4T--f6?N£RAb-R£ebzR£MENTST}-At-any-time-efter-the
26
•
12/18/87 (COUNSEL ) DPM SC5889-9
1 adoption-of-a-land-ase-pian-for-the-ranieipeiitp;-the-planning
2 agenep7-for-the-perpose-of-carrying-oat-the-pe=icier-and-geaia
3 of-the-land-ase-pian7-map-prepare-a-prepesed-rening-ordinance
4 and-submit-ie-te-the-governing-bedp-with-it -recmmendations-for
5 adoption7--Subeet-te-the-requirements-of- ubdivisions-37-4-and
6 57-the-governing-body-map-adopt-and-emend-a-zoning-erdinanee-bp
7 a-two-thirds-note-of-a1i-its-members7--if-the-eemprehensive
8 municipal-plan-is-in-eenfiiet-with-the-rening-erdinanee;-the
9 rening-ordinance-supersedes-the-pien-
10 Subd7-4T--fAMENBMENT9-i-An-amendment-te-a-rening-ordinance
11 map-be-initiated-by-the-governing-bedp;-the-planning-agency;-er
12 by-petition-ef-affected-property-owners-as-defined-in-the-rening
13 erdinaneeT--An-amendment-net-initiated-by-the-planning-ageney
14 shall-be-referred-to-the-p+upping-agency?-if-there-is-one;-fpr
15 study-and-report-and-map-net-be-eeted-upon-by-the-governing-bedp
16 until-it-has-received-the-reeemmendatien-of-the-planning-agency
17 en-the-proposed-amendment-or-antic-68-daps-have-elapsed-from-the
18 date-of-reference-of-the-amendment-without-a-report-by-the
19 planning-ageney7
20 Subd. 3. (TYPE OF REGULATION. ) A local government unit may
21 establish standards and procedures regulating the use of land
22 including:
23 (a) The use of air space, surface, subsurface, and water
24 surface areas for trade, industry, residence, recreation,
25 agriculture, transportation, forestry, soil conservation, water
26 supply conservation, surface water, drainage and removal,
27 conservation of shorelards as defined in section 105.485, or
28 other purposes. Zoning controls may also be applied for the
29 purposes of historic preservation, as defined in section
30 471.193, agricultural land preservation, as defined in section
31 40A.05, wetlands preservation, open space, parks, sewage
32 disposal, protection of ground water, protection of flood
33 plains, as defined in section 104.02, protection of wild,
34 scenic, and recreational rivers, as defined in section 104.33,
35 protection of slope, soils, unconsolidated materials or bedrock
36 frcm potentially damaging development, preservation of forests,
27
12/18/87 (COUNSEL ] DPM SC5889-9
1 woodlands, and essential wildlife habitat, reclamation of
2 non-metallic mining lands, and the protection and encouragement
3 of access to direct sunlight for solar energy systems.
4 (b) The design of structures including the location,
5 height, width, bulk, type of foundation, number of stories, and
6 size; the percentage of lot which may be occupied, the size of
7 yards and other open spaces, and setbacks from roads, streets,
8 and highways that are existing or designated on an official map;
9 the density and distribution of population; the uses of
10 buildings and structures for trade, industry, residence,
11 recreation, public activities, and other purposes; measures
12 necessary to protect the public interest including controls
13 relating to appearance, signs, lighting, traffic1/hours of '
14 operation, and other aesthetic or performance characteristics
15 including noise, heat, glare, vibrations, and smoke; and the
16 area required to provide for off-street loading and parking
17 facilities.
18 No regulation may prohibit earth-sheltered construction as
19 defined in section 116J.06, subdivision 2, or manufactured homes
20 built in conformance with sections 327.31 to 327.35 that comply
21 with all other zoning ordinances adopted under this section.
22 Subd. 6a 4. (PERMiTTEB-USES LICENSED RESIDENTIAL
23 FACILIT_Y. ] It is the policy of this state that handicapped
24 persons and children should not be excluded by mems-pal zoning
25 ordinances or other land use regulations from the benefits of
26 normal residential surroundings. For purposes of sebd-vis-eas
27 6a-thretgh-9 this subdivision, "person" hea-the-meaning-given- n
28 see^-en-246T982;-Bebe-vis-em-2 means an adult who is handicapped
29 by reason of age, mental retardation, mental illness, chemical
30 dependency, or physical handicap; a child, whether handicapped
31 or not; and for the purposes of adult day care, adult foster
32 care, and supportive Living residences, an adult who is
33 functionally impaired.
34 Sebe7-41.--(PERM-TTEB=SiN6bE-PAMSBY-USET} (a) A state
35 licensed residential facility serving six or fewer persons or a
36 licensed day care facility serving 12 or fewer persons shall be
28
12/18/87 (COUNSEL ] DPM SC5889-9
1 considered a permitted single family residential use of property
2 for the purposes of zoning.
3 Snbd--6---fPERMiTTES-MBbP?aAMiBY-US£-
(b) Unless otherwise
4 provided in any tean;-mnnieipai-er-eennty local government unit
5 zoning regulation as authorized by this subdivision, a state
6 licensed residential facility serving from 7 through 16 persons
7 or a licensed day care facility serving from 13 through 16
8 persons shall be considered e-permitted an allowed multifamily
9 residential use of property for purposes of zoning. A texnship;
10 mnnieivei-er-eeuntp local government unit zoning authority may
11 require a conditional use er-soeeiai-ase permit in order to
12 assure proper maintenance and operation of a facility, provided
13 that no conditions shall be imposed on the facility which are
14 more restrictive than those imposed on other conditional uses er
15 speeia+-eses of residential property in the same renes district,
16 unless the additional conditions are necessary to protect the
17 health and safety of the residents of the residential facility.
18 Nothing herein in this subdivision shall be construed to exclude
19 or prohibit residential or day care facilities from single
20 family sones districts if otherwise permitted by a local zoning
21 regulation.
22 Subd. 5. [REZONING. ] Conditional rezonin is prohibited.
23 If an amendment to a zonin. ordinance constitutes rezonin., the
24 •overnin. bod ma not impose conditions or special restrictions �J
25 on the use or development of the oro.ert as a re.uirement of
26 the rezoning
Subd. 6. [Impact Fee. ) Following the adoption of a capital
improvement program, a local government unit may by ordinance
eatablish and collect an impact fee reasonably related to, and
expended for, the development or improvement of existing and future
public facilities impacted by an existing or proposed building or
project. Fees charged must be proportionate to the impact on public
facilities caused by the development and must be placed in a special
fund to be used only for the public purposes specified in Section 17
Subdivision 3. This authority is in addition to other statutory
provisions.
32 Sec. 16. [394A.16) [CONDITIONAL USE. ]
33 Subdivision 1.
(AUTHORITY. ) The beard governing body may
34 by ordinance designate certain types of dereiepmente -ineinding
35 pienned-snit-deveiepments land use and certain land development
36 activities, as conditional uses under zoning regulations.
29
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1 Conditional uses may be approved upon a showing by an applicant
2 that standards and criteria stated in the ordinance will be
3 satisfied. Such The standards and criteria shall include both
4 the general requirements for all conditional uses and, insofar
S as preetieebie practicable, requirements specific to each
6 designated conditional use. All standards and criteria shall be
7 stated in quantitative terms when practicable.
8 Subd. 2. [PROCEDURES. ] Conditional use permits shall be
9 issued by the officer administering the official controls only
10 upon the order of the-beard-or the planning commission or the
11 governing body as designated by ordinance as the approval
12 authority for one or more categories of conditional uses. The
13 piginning-eammission-shaii-in-a*1-instanees-have-ar.-opportunity
14 te-review-eendit:enai-uses-prier-to-any-finai-deeisen-by-the
15 designated-aperoaet-autheritp- In cases where the planning
16 commission is not the designated approval authority, the
17 application for a conditional use shall be referred to the
18 planning commission for review and the governing body may not
19 make a decision on the application until it has received the
20 planning commission's written recommendation or until 60 days
21 have elapsed after the date of the referral. If the planning
22 commission makes a written recommendation, the recommendation
23 shall be binding on the governing body unless the governing body
24 by a two-thirds vote of all of its members elects otherwise.
25 The designated approval authority shall make a decision and
26 issue an order within 120 days after commencement of the public
27 hearing unless an environmental impact statement or
28 environmental assessment worksheet is recuired by section
29 Ii . .. . in which case the application shall be preliminarily
30 approved within 30 days after final approval of the
31 environmental impact statement or environmental assessment
32 worksheet. The review period may be extended if an extension is
33 agreed to by the applicant. The date that the application is
34 received by the office of the person charged with enforcing the
35 zoning ordinance shall be construed as the date of submission.
36 A copy of the order shall be mailed to the applicant. Public
30
12/18/87
[COUNSEL ] DPM SC5889-9
1 hearings shall be held in-accordance-with as required in section
2 394726 3A+ A .2-o In connect=on-with-ordering the order for
3 issuance of a conditional use permit the designated approval
4 authority may impose seep additional restrictions or conditions
5 as that it deems cons necessary to protect adjacent
6 properties and the public interest, including but not limited to
7 matters relating to appearance, lighting, hours of operation and
8 performance characteristics. When appropriate, restrictive
9 covenants may be entered into regarding stein these matters.
10 Subd. 3. [DURATION. ] A conditional use permit shall remain
11 in effect for so long as the conditions agreed upon are
12 observed, provided that nothing in this section shall prevent
13 the beardgovernin body from enacting or amending official
14 controls to change-the-state:s-ef-eenditienai-eases make an
15 approved conditional use a nonconformity and subject to
16 additional re. irements. Conditional use permits, once •ranted,
17 remain attached to the subject property regardless of
18 ownership. If the conditional use has been discontinued or not
19 put in place for 12 months or more the permit lapses. An
20 amendment to the ori.inal conditional use permit ma be re.uired
21 for expansion of or chap es to a conditional use. The
22 recuirements for obtainin• a conditional use •ermit must be met
23 before an a1endment to a conditional use •ermit may be •ranted.
24 Subd. 4. [REVIEW. ] All decisions by the designated
25 approval authority to grant or deny a conditional use permit
26 shall be final, except that any aggrieved person, or any
27 official, department, board, commission, or political
28 subdivision of the state may, within 30 days of notice of the
29 decision, appeal to the district court in the county in which
30 the subject property is located.
31 Sec. 17. 4627358 [394A.17] [PR8E£BFJR£-PAR-P3AN
32 £PP£ETUAT28N7 SUBDIVISION REGULATIONS. ]
33 Subd--}a- Subdivision 1.
[AUTHORITY. ] To protect and
34 promote the public health, safety, and general welfare, to
35 provide for the orderly, economic, and safe development of land,
36 to preserve agricultural lands, to promote the availability of
31
12/18/87 [COUNSEL I DPM SC5889-9
1 housing affordable to persons and families of all income levels,
2 and to facilitate adequate provision for transportation, water,
3 sewage, storm drainage, schools, parks, playgrounds, and other
4 public services and facilities, a nanieipaiitp local covernment
5 unit may by ordinance adopt subdivision regulations establishing
6 standards, requirements, and procedures for the review and
7 approval or disapproval of subdivisions. The regulations may
8 contain varied provisions respecting, and be made applicable
9 only to, certain classes or kinds of subdivisions. The
10 regulations shall be uniform for each class or kind of
11 subdivision.
12 A-manieipaiitp-lap-bp-resolution-extend-the-appideation-of
13 its-subdivision-eegtiatiorrte-unincorporated-territory-located
14 within-two-dies-of-its-lists-in-any-direction-bet-net-in-a
15 town-which-has-adopted-subdvison-eegciatons;-provided-that
16 where-two-or-more-noneentigueas-nunieipaiities-have-boundaries
17 less-than-Four-mires-apart;-each-is-authorized-to-control-the
18 subdivision-of-land-equal-dstance-deem-its-boundaries-within
19 this-area-
20 Subd. is 2. (TERMS OF REGULATIONS. ] The standards and
21 requirements in the regulations may address without limitation:
22 the size, location, grading, and improvement of lots,
23 structures, public areas, streets, roads, trails, walkways,
24 curbs and gutters, water supply, storm drainage, lighting,
25 sewers, electricity, gas, and other utilities; the planning and
26 design of sites; access to solar energy; and the protection and
27 conservation of agricultural lands flood plains, shore lands,
28 soils, water, vegetation, energy, air quality, and geologic and
29 ecologic features and access to direct sunlight for solar energy
30 systems. The regulations shall require that subdivisions be
S1 consistent with the mtr.ieipaiity- official map if-one-exists
32 and-its, zoning ordinance, and nay-reetire-eersisteney-with
33 other official controls and-the-comprehensive-pian of the local
34 government unit.
35 The regulations may prohibit and restrict air space,
36 surface, and subsurface development and may prohibit certain
32
12/18/87 [COUNSEL I DPM
SC5889-9
•
1 classes or kinds of subdivisions in designated areas where
2 prohibition is consistent with the comprehensive plan and the
3 purposes of this section, particularly the preservation of
4 agricultural lands. The regulations may prohibit, restrict or
5 control development for the purpose of protecting and assuring
6 access to direct sunlight for solar energy systems. The
7 regi}etiens-mop-prohibit;-restrict;-er-centre}-serfaee;-obese
8 smefeee;-er-sabeurfeee-dererepnent-for-the-perpese-ef-proteetiZg
9 sabserfeee-crew-for-existing-er-petentie}-mined-endergreand
10 space-done}vement-otrseent-te-seetiens-42B1.93-te-428797-end
11 eeeess-theeetc- The regulations may prohibit the issuance of
12 building permits for any tracts, lots, or parcels for which
13 required subdivision approval has not been obtained.
14 The regulations may permit the menreiDa}itp local
15goveren
nmt unit to condition its approval on the construction
16 and installation of sewers, streets, electric, gas, drainage,
17 and water facilities, and similar utilities and improvements or,
18 in-}ice-thereof alternatively, on the receipt by
19 the meniespe}rty local government unit of a cash deposit,
20 certified check, irrevocable letter of credit, or bond in an
21 amount and with surety and conditions sufficient to assure
22 the menieipe}ity local government unit that the utilities and
23 improvements will be constructed or installed according to the
24 recuired specifications ef-the-mtnreiae}ity. The regulations
- 25 may permit the mezieipeiity local government unit to condition
26 its approval on compliance with other requirements reasonably
27 related to the provisions of the regulations and to execute
28 development contracts embedyirg containing the terms and
29 conditions of approval. The-munieipe}itp-map-ez_•"eree-seen
30 agreements-and-conditions-by-eporepriete-}age}-end-egniteb}e
31 remedies-
32 Subd. 245 3. [DEDICATION. ] The regulations may require that
33 before a subdivision is filed a reasonable portion of any
34 proposed subdivision will be dedicated to the public or
35 preserved for public use as streets, roads, sewers, electric,
36 gas, and water facilities, storm water drainage and holding
33
12/18/87 [COUNSEL ] DPM SC5889-9
1 areas or ponds, parks, Playgrounds, trails, or open space, and
2 similar utilities and improvements.
3 in-addition;-the-regtiatiens-map-require-tact-e-reaaerabie
4 pertien-ef-enp-prepesed-subdivision-be-dedicated-te-the-pte
5 er-preserved-for-public-use-es-parka;-piaygretnda;-trails;-er
6 epee-apace--provided-that-fa} When establishing the portion to
7 be dedicated, the regulations may consider the open space, park,
8 recreational, or common areas and facilities which the applicant
9 proposes to reserve for the subdivision. The local government
10 unit must reasonably determine that as a result of approval of
11 the subdivision it is necessary to acquire that Portion of land
12 for the purposes stated in this paragraph.
13 For Dart or all of the portion reouired to be dedicated to
14 public uses or purposes the municipality local government unit
15 may choose to accept an equivalent amount in cash from the
16 applicant fpr-part-er-all-ef-the-portion-required-te-be -
17 dedieaeed-te-suer-peblie-uses-er-ptrpesea based on the fair
18 market value of the land no later than at the time of final
19 approval, fbt-dry-cash-payments-received-shall-be-placed-in-a
20 special-fund-fly-the-mtnieipality with payment to be made after
21 final approval but before filing of the subdivision. The local
22 government unit shall place all cash payments in a special fund
23 to be used only for the purchase or improvement of property for
24 the purposes for which the money was obtained;-feu-in
25 establishing-the-reesenebie-pertien-to-be-dedicated;-the
26 regulations-map-consider-tae-epee-space;-park;-reereet}enai;-er
27 sem.men-arses-and- aei_ities-which-the-applicant-proposes-te
28 reserve- or-tre-subdivision;-and-fd}-the-munieipeiity-reeseneeiy
29 determines-trot-:t-will-rsed-te-aegtire-that-pertien-ef-land-fpr
30 the-purposes-stated-in-this-paragraph-ee-e-restit-ef-approval-ef
31 the-subdivision.
32 If dedication of property is required, the local government
33 unit approving the plan must accept the dedication by resolution
34 or arrange by contract for another local government unit to do
35 so. The dedicated property must be accepted by resolution of
36 the receiving local government before the subdivision Plan may
34
12/18/87 [COUNSEL ] D?M SC3889-9
1 be filed for recording. Dedication is effective when the
2 subdivision Plan is filed for recording.
3 Subd. 3a 4. [PLATTING. ] The regulations may require that
4 any subdivision creating parcels, tracts, or lots, shall be
5 platted. The regulations shall require that all subdivisions
6 which create five or more lots or parcels which are 2-1/2 acres
7 or less in size shall be platted. The regulations shall not
8 conflict with the provisions of chapter 505 but may address
9 subjects similar and additional to those in that chapter.
10 Subd. 3b 5. [REVIEW PROCEDURES. ] The regulations shall
11 include provisions regarding the content of applications for
12 proposed subdivisions, the preliminary and final review and
13 approval or disapproval of applications, and the coordination of
14 ac eh reviews with affected political subdivisions and state
15 agencies. The regulations may provide for the consolidation of
16 the preliminary and final review and approval or disapproval of
17 subdivisions. Preliminary or final approval may be granted or
18 denied for parts of subdivision applications. The regulations
19 may delegate provide for delegating the authority to review
20 proposals approve or disapprove applications for some or all
21 categories of subdivisions to the planning commission;-bat-Sinai
22 approval-er-disapproval-shall-be-the-decision-ef-the-governing
23 body-of-tae-mani eipa_ie7-uni esa-otherwise-provided-bp-}aa-or
24 charter.--The-regrl_at_ons-small-reguire-thae-a-public-hearing
25 shail-be-held-en-vii-suadivision-appiieations-prier-to
26 preliminary-appreaa_;-unless-otherwise-provided-by-lave-er
- 27 charter.---The-'rear_ng-main-be-hold-following-publication-of
28 notice-ef-the-time-and-piece-thereof-in-the-official-newspaper
- 29 at-least-ten-days-before-the-dap-of-the-hearing---At-the
30 hearing;-vii-person.s-interested-shaii-be-given-an-opportunity-to
31 wake-presentations or to the person or persons desianaced to
32 administer the official controls. Notice and public hearing
4
33 requirements specified in section • " -Must be met before
34 preliminary approval may be granted for any subdivision
35 application. A subdivision application shall be preliminarily
36 approved or disapproved within 120 days following delivery-of-an
35
12/18/87 (COUNSEL ] DPM SC5889-9
1 application-eempleted-in-cemplienee-With-tae-municipal-erdinanee
2 by-the-applicant-te-tae-municipality the commencement of the
3 public hearing, unless an-extension-ef an environmental impact
4 study or environmental assessment worksheet is required by
5 section p'L ' , in which case the application shall be
6 preliminarily approved within 30 days after final aooroval of
7 the environmental impact study or environmental assessment
8 worksheet. The review period has-been may be extended if an
9 extension is agreed to by the applicant. When-a-divisien-er
10 subdivision-te-Which-the-regulations-ef-the-municipality-de-net
11 apply-is-presented-te-the-city;-the-clerk-ef-the-municipality
12 shall-within-ten-days-certify-that-the-subdivision-regulations
13 ef-the-municipality-de-not-apply-te-the-particular-division-
14 If the municipality local governing body or the responsible
15 agency of the municipality local government unit fails to
16 preliminarily approve or disapprove an application with_n the
17 review period, the application shall be deemed considered
18 preliminarily approved, and upon demand the municipality local
19 government unit shall execute a certificate to that effect.
20 Following preliminary approval the applicant may request final
21 approval by the municipality local government unit, and open
22 such-request the municipality local government unit shall
23 certify final approval within 60 days if the applicant has
24 complied with all conditions and requirements of applicable
25 regulations and all conditions and requirements upon which. the
26 preliminary approval is expressly conditioned either through
27 performance or the execution of appropriate agreements assuring
28 performance. If the municipality local government unit fails to
29 certify final approval as se required, and if the applicant has
30 complied with all conditions and requirements, the application
31 shall be deemed considered finally approved, and upon demand the
32 municipality local government unit shall execute a certificate
33 to that effect. After final approval a subdivision may be filed
34 or recorded.
35 When a subdivision to which the regulations of the local
36 government do not apply- is presented to the local government
36
12/18/87 [COUNSEL ] DPM SC5889-9
1 unit, the chief administrator of official controls shall certify
2 within ten days that the subdivision regulations of the local
3 government unit do not apply to the particular division.
4 Subd. 3e 6. [EFFECT OF SUBDIVISION APPROVAL. ] For one year
5 following preliminary approval and for two years following final
6 approval, unless the subdivider and the munieipality local
7 government unit agree otherwise, no amendment to a comprehensive
8 plan or an official control shall apply to or affect the use,
9 deveiopmeat density, lot size, lot layout,/or dedication or
10 platting required or permitted by the approved
11 application. Thereafter;-eursuaat-to-its-regulations; The
12 municipality local government unit may extend the one-year
13 period by agreement with the subdivider and subject to all
14 applicable performance conditions and requirements, or it may
15 require submission of a new application unless substantial
16 physical activity and investment has occurred in reasonable
17 reliance on the approved application and the subdivider will
18 suffer substantial financial damage as a consequence of a
19 requirement to submit a new application. In connection with a
20 subdivision involving planned-and staged development or a
21 planned unit development, a municipality local government unit
22 may by resolution or agreement grant-the-rights-referred-to
23 Mercia-for-such-scr=ods-ef-time-longer-than-two-pears
24 which extend the period to longer than two years as it
25 determines to be reasonable and appropriate.
26 Subd. 4a 7. [DISCLOSURE BY SELLER; BUYER'S ACTION FOR
27 DAMAGES. ] A person conveying a new parcel of land which, or the
28 plat for which, has not previously been filed or recorded, and
29 which is part of or would constitute a subdivision to which
30 adopted municipal subdivision regulations apply, shall attach to
31 the instrument of conveyance either: fa} (1) recordable
32 certification by the clerk-of-the-municipality person or persons
33 designated to administer the official controls that the
34 subdivision regulations do not apply, or that the subdivision
35 has been approved by-the-governing-body, or that the
36 restrictions on the division of taxes and filing and recording
37
12/18/87 (COUNSEL ] DPM SC5889-9
1 have been waived by resolution of the governing body of
2 the municipality local government unit in this case because
3 compliance will create an unnecessary-hardship undue burden and
4 failure to comply will not interfere with the purpose of the
5 regulations; or fbi (2L a statement which names and identifies
6 the location of the appropriate municipal local government unit .
7 offices and advises the grantee that municipal subdivision and
8 zoning regulations may restrict the use or restrict or prohibit
9 the development of the parcel, or construction on it, and that
10 the division of taxes and the filing or recording of the
11 conveyance may be prohibited without prior recordable
12 certification of approval, nonapplicability, or waiver from
13 the municipality governing body. In any action commenced by a
14 buyer of such a parcel against the seller thereef, the
15 misrepresentation of or the failure to disclose material facts
16 in accordance with this subdivision shall be grounds for
17 damages, invalidation of the sale, or both. If the buyer
18 establishes his right to damages, sale invalidation, or both, a
19 district court hearing-the-matter may in its discretion also
20 award to the buyer an amount sufficient to pay all or any part
21 of the costs incurred in maintaining the action, including
22 reasonable attorney fees, and an amount for punitive damages not
23 exceeding five per-centum percent of the purchase price of the
24 land.
25 Subd. 4b 8. (RESTRICTIONS ON FILING AND RECORDING
26 CONVEYANCES. ] Ir. a municipality local government unit in which
27 subdivision regulations are in force and have been filed or
28 recorded as provided in this section, no conveyance of land to
29 which the regulations are applicable shall be filed or recorded,
30 if the land is described in the conveyance:
31 (a) by metes and bounds sr, unless the person or persons
32 designated to administer the official controls has certified
33 that the conveyance has resulted in an approved subdivision;
34 (b) by reference to an unapproved registered land survey
35 made after April 21, 1961; or
36 (c) by reference to an unapproved plat made after suck the
38
12/18/87 (COUNSEL ) DPM SC5889-9
1 regulations become effective. The-foregoing-prevision
2 Subdivision 8 does not apply to a conveyance if the land
3 described:
4 (1) was a separate parcel of record on April 1, 1945, or on
5 the date of adoption of subdivision regulations under Laws 1945,
6 Chapter 287, whichever is the later, or on the date of the
7 adoption of subdivision regulations pursuant-to under a home
8 rule charter?-as;
9 (2) was the subject of a written agreement to convey
10 entered into prior to seep this time;;
11 (3) was a separate parcel of not less than 2-1/2 acres in
12 area and 150 feet in width on January 1, 1966;-er;
13 (4) was a separate parcel of not less than five acres in
14 area and 300 feet in width on July 1, 1980;-er;
15 (5) is a single parcel of commercial or industrial land of
16 not less than five acres and having a width of not less than 300
17 feet and its conveyance does not result in the division of the
18 parcel into two or more lots or parcels, any one of which is
19 less than five acres in area or 300 feet in width;; or
20 (6) is a single parcel of residential or agricultural land
21 of not less than 20 acres and having a width of not less than
22 500 feet and its conveyance does not result in the division of
23 the parcel into two or more lots or parcels, any one of which is
24 less than 20 acres in area or 500 feet in width.
25 In any case in which compliance with the-foregoing these
26 restrictions will create an unnecessary-hardship undue burden
27 and failure to comply does not interfere with the purpose of the
28 subdivision regulations, the platting-authority governing body
29 may waive such compliance by adoption-cf-a resolution to-that
30 effect and the conveyance may then be filed or and recorded.
31 Any owner or agent of the owner of land who conveys a lot or
32 parcel in violation of the provisions of this subdivision
33 shall forfeit-end pay to the municipality local government unit
34 a penalty fine of not less than $100 fo•r each lot or parcel so
35 conveyed. A municipality local government unit may enjoin such
36 the conveyance or may recover each-penalty the fine by a civil
39
12/18/87 (COUNSEL ] DPM SC5889-9
1 action in any court of competent jurisdiction.
2 Subd. 5 9. [PERMITS. ] Except as otherwise provided by this
3 section all electric and gas distribution lines or piping,
4 roadways, curbs, walks and other similar improvements shall be
5 constructed only on a street, alley, or other public way or
6 easement which is designated on an approved plat, or properly
7 indicated on the official map of the municipality local
8 government unit, or which has otherwise been approved by the
9 governing body. When a municipality local government unit has
10 adopted an official map, no permit for the erection of any
11 building shall be issued unless the building is to be located
12 upon a parcel of land abutting on a street or highway which has
13 been designated upon an approved plat or on the official map or
14 which has been otherwise approved by the governing body, and
15 unless the buildings conform to the established building line.
16 This limitation on issuing permits shall not apply to
17 planned unit developments approved by the governing
18 body pursuant-to under its zoning ordinance. No permit shall be
19 issued for the construction of a building on any lot or parcel
20 conveyed in violation of the provisions of this section.
21 Subdc-67--fYAR=ANEfis-}-Subdivision-regulations-map-provide
22 fora-procedure-for-varying-the-regulations-as-they-apply-eo
23 specific-properties-where-an-unusual-hardship-on-tie-=ane
24 exists;-bat-varix-des-nay-be-granted-only-upon-the-specific
25 grounds-set-forth-in-the-regulations---Unuseai-hardship
26 ineiude7-but-is-Ret-limted-te7-inedequate-acces-te-direct
27 sunlight-for-solar-energy-systems-
28 Subd. 10. (VACATION. ] The governing body of-a
29 municipality may vacate any publicly owned utility, easement or,
30 boulevard reserve, or any portion thereof;-which-are of the
31 utility, easement, or reserve that is not being used for sewer,
32 drainage, electric, telegraph, telephone, gas and steam purposes
33 or for boulevard reserve purposes, in the same manner as
34 vacation proceedings are conducted for streets, alleys and other
35 public ways under a home rule charter or other provisions of law.
36 A boulevard reserve means an easement established adjacent
40
12/18/87 [COUNSEL ] DPM SC5889-9
1 to a dedicated street for the purpose of establishing open space
2 adjacent to the street and which area is designated on the
3 recorded plat as "boulevard reserve".
4 Subd. 8 11. (PLAT APPROVAL UNDER OTHER LAWS. ] Nothing in
5 this section is to be construed as a limitation on the authority
6 of men+eipelitie, local government units which have not adopted
7 subdivision regulations to approve plats under any other
8 provision of law.
9 Subd. 9 12. [UNPLATTED PARCELS. ] Subdivision regulations
10 edepted-by-manicipaiities of a local government unit may apply
11 to parcels which are taken from existing parcels of record by
12 metes and bounds descriptions, and the governing body or
13 building authority may deny the issuance of building permits to
14 any parcels so divided, pending compliance with subdivision
15 regulations.
16 Subd. 19 13. (LIMITATIONS. ] Nothing in this section shall
17 be construed to require a municipeiity local government unit to
18 regulate subdivisions or to regulate all subdivisions which it
19 is authorized to regulate by this section.
20 Sec. 18. [394A.18] (EXTRATERRITORIAL AUTHORITY. ]
21 Subdivision 1. [ZONING REGULATIONS. ] A city may by
22 ordinance extend the application of its zoning regulations to
23 unincorporated territory located within up to two miles of its
24 limits in any direction, but not in a county or town that has
25 adopted zoning regulations which include that territory. If two
26 or more noncontiguous cities have boundaries less than four
27 miles apart, each is authorized to control the zoning of land on
28 its side of a line equidistant between the two noncontiguous
29 cities unless a town or county has adopted zoning regulations
30 for that territory. Any city may thereafter enforce the
31 regulations in the area to the same extent as if the property
32 were situated within its corporate limits, until the county, or
33 town, adopts zoning regulations that includes the area.
34 Subd. 2. [SUBDIVISION REGULATIONS. ] A city may by
35 resolution extend the application of its subdivision regulations
36 to unincorporated territory located within up to two miles of
41
12/18/87 (COUNSEL j DPM SC5889-9
1 its limits in any direction but not in a town or county which
2 has adopted subdivision regulations that include that territory;
3 provided that where two or more noncontiguous cities have
4 boundaries Less than four miles apart, each is authorized to
5 control the subdivision of land on its side of a line
6 equidistant between the two noncontiguous cities unless a town
7 or county has adopted subdivision regulations for that
8 territory. Any city may thereafter enforce the regulations in
9 the area to the same extent as if the property were situated
10 within its corporate limits, until the county or town adopts
11 zoning regulations that include the territory.
12 Sec. 19. [394A.19] (OFFICIAL MAPS. ]
13 Subdivision 1. (STATEMENT OF PURPOSE. ] Land that is needed
14 for future street and highway purposes and as sites for other
15 necessary public facilities and services is frequently diverted
16 to nonpublic uses which could have been located on other lands
17 without hardship or inconvenience to the owners. When :his
18 happens, public uses of land may be denied or may be obtained
19 later only at a prohibitive cost or at the expense of
20 dislocating the owners and occupants of the land.
21 Identification on an official map of land needed for future
22 public uses permits both the public and private property owners
23 to.adjust their building plans equitably and conveniently before
24 investments are made which will make such adjustments difficult
25 to accomplish.
26 Subd. 2. (ADOPTION. ] After the planning-agency-ie -adopted
27 a-major-thereeghfare-p=an-and-a-eemmnnzty-facilities-pian;-it
28 map; for-the-parpeae-e=-carrying-oat-the-paiieiea-ef-the-major
29 thoroughfare-pian-and-eemr.+Gnitp-Facilities-plan;-prepare-anal
30 reeemme.:d-te-the-governing-bedp-a-proposed local government unit
31 has adopted a comprehensive plan, it may adopt an official map
32 covering the entire municipality local government unit or any
33 portion thereet of it. The-governs-g-bedp-map;-e^ter-holding-a
34 public-hearing;-adept-and-amend-the-ei=ieiai-map-bp-ordinance-
35 A-notice-ei-the-time7-place-and-parpone-o=-the-hearzng-ahasi-ee
36 eabiished-in-the-oficial-newspaper-ef-the-menierealitp-at-ieaet
42
12/18/87 (COUNSEL ] DPM SC5889-9
1 ter.-daps-prior-to-the-dare-of-the-nearing- The governing body
2 ma adopt and amend the official map onl after the notice and
3 •ublic hearin• reauiremer.ts specified in section 3 � '
are met.
4 The official map or maps shall be prepared in sufficient detail
5 to permit the establishment of the future acquisition lines on
6 the groundT--in-enpiatted-areas-a-minimae-of-a-centerline-servey
7 shah-have-beenmade-prier-to-the-preparation-of-the-final-draft
8 of-the-official-map, provided that a survey by a registered land
9 surveyor, at the expense of the local •overnment unit or the
10 state, shall be necessar onl upon application for a buildin-
11 permit or upon initiation of condemnation proceedin s. When a
12 survey is required, the accuracy of the future acquisition lines
13 shown on the official map shall be attested to by a registered
14 land surveyor. After-adaption;-a-copy-ef-the-effieia1-map;-or
15 sections-thereof-with-a-copy-of-the-adopting-ordinance-attached
16 ahaii-be-filed-with-the-coenty-recorder-am-provided-in-meetionm
17 4627351-te-46273647 A copy of the official map shall be
18 furnished to the city or town clerk of each affected local
19 government unit
20 Subd. 3. [EFFECT. ] After an official map has been adopted
21 and filed, the issuance of building permits by the manieepaiitY
22 local government unit shall be subject to the provisions of this
23 section. Whenever any street or highway is widened or improved
24 or any new street is opened, or interests in lands for other
25 public purposes are acquired by the menieipality local
26 government nit, it is not required in-meth-proceedings to pay
27 for any building
or structure placed without a permit or in
28 violation of conditions of a permit within the limits of the
29 mapped street or highwav or outside of any building line that
30 may have been established upon the existing street or hi hwa
• 31 within any area thus identified for public purposes. The
32 adoption of an official map does not give the munieipaiit, local
33 government unit anyright,9 , title, or interest in areas
34 identified for public purposes thereon, but the adoption of the
35 map does authorize the menieipaiitp local
government unit to
36 acquire seek these interests without paying compensation for
43
12/18/87 (COUNSEL ) DPM SC5889-9
1 buildings or structures erected in such areas without a permit
2 or in violation of the conditions of a permit.
3 Subd. 4. (APPEALS FROM OFFICIAL MAP. ] If a permit for a
4 building in such a location reserved for future public use is
5 denied, the board of adjustment shall have the power, upon the
6 filing of an appeal by the owner of the land to authorize-the
7 issuance-e= grant a permit for building in such the location in
8 any case in which the board finds, upon the evidence and the
9 arguments presented to-it;-{at-that that: (1) the entire
10 property of the appellant of which such the area identified for
11 public purposes forms a part cannot be put to a reasonable use
12 by the owner unless such the a permit is granted, and {b}
13 that (2) balancing the interest of the eeenty local government
14 unit in preserving the integrity of the official map and the
15 eempreherseve-pian-and interest of the owner of the property in
16 the use of the property and in the benefits of ownership, the
17 issuance grant of such the permit is required by considerations
18 of justice and equity. Prier-to Before reaching a decision upon
19 on the appeal, notice and public hearings-shah-be-nen-in
20 eceerdenee-wth-section-394-26 hearing requirements specified in
21 section -?,c144 f;),1-"-='
must be met. If the board of adjustment
22 authorizes the issuance of a permit the board shall have six
23 months from the date of the decision of the board of adjustment
24 to institute proceedings to acquire such the land or an interest
25 therein in it, and if no such proceedings are started within
26 that time, the officer responsible shall issue a permit in
27 eeeornenee-with-the-conditions-stated-in-the-authorization
28 specifying if the application otherwise conforms to local
29 ordinances. The board shall specify the exact location, ground
30 area, height and other details as to the extent and character of
31 the building for which the permit is granted.
32 Sec. 20. 394716 (394A.20) (PUBLIC HEARINGS. ]
33 Sebc--le- Subdivision 1. (WHEN HELD. ] fin-addition-te
34 pubiie-hearings-required-by-section-395-51-prier-te Public
35 hearings shall be held before the adoption by-ordinance or
36 amendment of any comprehensive plan er-amendments-thereto-or-ef,
44
12/13/87 (COUNSEL 1 DPM SC5889-9
1 any section of a comprehensive plan and any official control or
2 amendment-thereto;-pabite-hear=ngs-shall-be-held-before; and
3 before the approval or denial of any conditional use permit, any
4 variance, arid-any-proposal-for-e or subdivision is-approved-or
5 denied-by-the-responsible-aathertty; plan, and in circumstances
6 where a public hearing is otherwise required by sections 39472i
7 6. ... .r to 3947.37 . . . �S Set A public hearing for a
8 conditional use permit, variance, subdivision proposal, or an
9 amendment to an official control must be held within 75 days
10 following the delivery by the applicant to the local government
11 unit of an application completed in compliance with the
12 requirements in the official controls, unless an extension has
13 been agreed to by the applicant. The public hearings may be
14 continued from time to time and additional hearings may be held.
15 Subd. 2. [NOTICE. ] Notice of the time, place, and purpose
16 of any public hearing required by this section shall be given by
17 publication in the official newspaper of the local government
18 unit and in a newspaper of general circulation in the town,-
19 mnnteipality7-er-ether-area concerned?-and-in-the-official
20 newspaper-of-the-coenty; local government unit at least ten days
21 before the hearing;-except-that-notice-ef-pebite-hearings-in
22 connection-with-tie-adoption-by-ordinance-of-any-eomoreitensive
- 23 pian-er-amendments-c!tereto-or-adoption-or-amendment-of-any
24 off=etas-eontrois-shaii-be-given-in-the-manner-provided-by
- 25 section-375-51;-stbdivision-2T--in-addition-to-the-requirements
26 of-section-35T5i7-sscdivision-27. Written notice of public
27 hearings held by the county on all official controls and
28 amendments thereto to them shall be sent to the governing bodies
29 of all towns-and-ail-mentetpaitties local government units
30 located within the county. Written notice of public hearings
31 regarding the application of official controls to specific
32 properties, including but not limited to (1) conditional uses,
33 (2) variances, (3) subdivision approval, (4) orders to issue
34 permits to owners of land reserved for future public use on the
35 official map, and (5) rezoning involving all or parts of
36 contiguous parcels of property owned by the same person or
45
12/18/87 [COUNSEL 1 DPM SC5889-9
1 persons or an area of less than five acres in incorporated areas
2 and 20 acres in unincorporated areas, zoning regtiatiens permits
3 issued to owners of land reserved for future public use on the
4 official map, and-subdivision-regulations- shall be sent to all
5 property owners of record within 568 350 feet of the efeected
6 boundaries of the entire property owned by the applicant that
7 includes the subject property in-incorporated-areasT--in
8 unimeerperated-areas;-the-written-notice-shati-be-sent-te
9 property-owners-as-feiieasT
10 tat-=n-tie-ease-ef-vertaneess-te-owners-ee-reeerd-xi^_h=n
11 596-feet-ef-the-affected-property;
12 tbt-$n-the-case-ef-cenditienai-race;-te-owners-of-reerd
13 within-one-guarter-mile-of-the-affected-property-er-te-the-ten
14 properties-nearest-te-the-affected-property;-whichever-weeid
15 preside-notice-to-the-greatest-member-es-ewnersr
16 tet-im-the-ease-ef-ail-ether-official-controls;-imeitding
17 but-mot-limited-te-coning-regtietien3-and-subdivi3ion
18 regulations;-to-owners-ef-reeerd-within-one-hal=-mile-ef-the
19 affected-property or to the ten owners of record of property
20 nearest to the boundaries of the entire property owned by the
21 aoolicant that includes the subject property, whichever would
22 provide notice to the greatest number of property owners,
23 irrespective of local government unit boundaries.
24 Written notice of hearings on conditional uses, variances,
25 rezoning, official controls, and subdivision approval shall also
26 be given to the-a=eeeted-beard-oi-roan-supervisors;-and-the
27 munieipa:-eetneis-et-any-munieipaitty-within-two-miles-of-the
28 affected all local government units containing any part of the
29 subject property. Written notice must also be given to other
30 local government units located within 350 feet of the boundaries
31 of the entire orooerty owned by the applicant that includes the
32 subject property if the property is located within an
33 incorporated area and within one-half mile if the property is
34 located within an unincorporated area.
35 The person responsible for mailing the notice may use any
36 appropriate records to .determine the names and addresses of
46
12/18/87 [COUNSEL ] DPM SC5889-3
1 owners. A copy of the notice and a list of the owners and
2 addresses to which the notice was sent shall be attested to by
3 the responsible person and shall be made a part of the records
4 of the proceedings. Failure to give mailed notice to individual
5 property owners or defects in the notice does not invalidate the
6 proceedings, if a bona fide attempt to comply with this
7 subdivision has been made.
8 Subd. 3e 3. (ASSIGNMENT. ] The beard governing body of the
9 local government unit may assign to the planning commission,
10 board of adjustment, or any official or employee of the local
11 government unit responsibility to conduct public hearings for
12 one or more purposes te-the-pianninq-eemmiaaien;-beard-ef
13 adjt:etment-er-anp-effieiai-er-empiepee-ef-the-eeentp;-exeept-aa
14 prevsded-in-aeetieet-35751.
15 Sec. 21. 463736 [394A.21] [CERTIFIED COPIES FILED WITH
16 COUNTY RECORDER. ]
17 Subdivision 1. [REQUIRED FILINGS. ] A certified copy of
18 every comprehensive plan, ordinance, or other official control
19 adopted, including any supplemental maps or charts, shall be
20 filed with the county recorder and registrar of titles.
21 Ordinances, resolutions, maps, or regulations filed under
22 sections . . . to ."do not constitute encumbrances on real
23 property. Failure to file does not affect the validity or
24 enforceability of the ordinance, resolution, map, or regulation.
25 Subdrniaien-i- Subd. 2. (REQUIR.,c
D 96Ec;M..NTS RECORDING. ] A
26 certified copy of every erdinanee;-reseietien;-map;-regalaeiert
27 adopted;-er-rarianee-granted-ander-the-prenisiees-ef-seetiena
28 4627358-and-46373595 conditional use permit, variance, and any
29 order issued by the board of adjustment acting upon an appeal
30 from an action taken by an administrative official, including
31 all attached restrictions and conditions and a legal description
32 of the subject property, shall be filed for recording with the
33 county recorder or registrar of titles of the county or counties
34 in which the mttnieioaiitp local government unit adopting it is
35 located within 60 days after the permit, variance, or order is
36 issued, unless the applicant or appellant agrees to an
47
12/18/87 (COUNSEL I DPM SC5889-9
1 extension. erdinenees7-resolutions7-mapa7-regular±ons-or
2 variances-filed-with-the-county-recorder-pursuant-to-this
3 subdivision.-do-not-constitote-encumbrances-on-real-property?
4 The-order-issued-by-the-governing-body-er-board-ef-appeals-and
5 adjustments-aa-the-ease-may-bel-snail-include-the-legal
6 description-of-the-property-invelved7--Failure-to-file-an
7 ordinance;-resolution;-:tap;-regulation?-variance;-er-order-shall
8 net-afect-its-validity-er-enforceability?
9 Subd. 2 3. (FILING WITH eeNPisue[3s REGIONAL PLANNING
10 AUTHORITIES. ] A copy of a every comprehensive plan adopted-by-a
11 planning-agency-under-the-previsions-ef-seetsons-4627351-to
12 4627364 and official control adopted by the local government
13 unit shall be filed with the governing-body-of-cock-contiguous
14 municipality-anal-with-the regional planning agency, if any,
15 established to serve the area in which the municipality local
16 government unit is located.
17 Subd. 3 4. [PLAT APPROVAL; FILING. ] Copies of resolutions
18 approving subdivision plats of land within a municipality local
19 government unit, but contiguous to another municipality local
20 government unit, shall be filed with the governing body of the
21 contiguous mur.leipality local government unit. Copies of
22 resolutions approving subdivision plats of land outside
23 a municipality local government unit but subject to its
24 subdivision regulations shall be filed with the clerk of the
25 town in which the land is situated.
26 Sec. 22. 4617362 (394A.221 (ENFORCEMENT AND PENALTY. ]
27 A-municipality-:ray-by-ordinance-provide-for-the-e.^.ioreement
28 of-ordinances-or-regulations-adopted-under-sections-463735=-to
29 4627364-end-provide-penalt'sea-for-violation-thereef7 A
30 municipality local government unit may also enforce any _
31 provision of sections 4627351 - ' '�'! to 462.-364 %�:� :'.� or of
32 any ordinance official control adopted thereunder by mandamus,
33 injunction, or any other appropriate civil remedy in any court
34 of competent jurisdiction. A local government unit may by
35 ordinance provide for criminal enforcement of official controls
36 adopted under sections "' h'c ' to � ' '' 'I and provide penalties
48
12/18/87
[COUNSEL ] DPM SC5889-9
1 for violation of them. Violation of an official control or
2 sections 34Y A•°e . to ?'!.71 q•:S
• is a misdemeanor.
3 Sec. 23. 462736} [394A.23] [JUDICIAL REVIEW. ]
4 Subdivision 1.
[REVIEW OF ACTION. ] Any person aggrieved by
5 an ordinance, rule, regulation, decision or order of a
6 body or-board-cf-adjeatment a-a-d-appeals actinggoverning
pursuant to
7 sections 462735} 2•?.Y : ° to 4627364 • •'4.t•R••=�
may have such
8 the ordinance, rule, regulation, decision or order, reviewed by
9 an appropriate remedy in the district court, subject to the
10 provisions of this section.
11 Subd. 2. [EXHAUSTION OF REMEDIES. ]— ME„IES. ] In actions brought
12 under this section, a municipality local government unit may
13 raise as a defense the fact that the complaining party has not
14 attempted to remedy the grievance by use of procedures available
15 for that purpose under ordinance or charter, or under
16 sections 4627351 �1yl'" to 462-364 34(- 4•:;
• • • • • If the court finds
17 that such the remedies have not been exhausted, it shall require
18 the complaining partyto
pursue those remedies unless it finds
19 that the use of such the remedies would serve no useful purpose
20 under the circumstances of the case.
21 Sec. 24. 462.-364 [394A.24
—
] [INCONSISTENT LAWS AND
22 ORDINANCES. ]
23 Inconsistent special laws and general laws of
24 application are superseded byspecial
sections 46s-35} - 4 -
' � to
_ 25 4627364 3.1'.-12./!..:=1-to . . . . .
the extent of inconsistency. Nothing in
26 sections 462..-35} ;, ti:' -,
to 4627364 4• =pis to be construed
- 27 to affect, alter or modify the provisions of Special Laws of
28 1887, chapter 108, or Laws 1933, chapter 93. Law=
29 ordinances are inconsistent when a person or other entit cannot
30 at the same time comml with the terms of both.
31 Sec. 25. 3947312 [394A.25 Ti
] [R£br�_ 6N-9A-6TH£R-E6[3N9?Y
32 A&PHeRFpy EXTENSION OF TIME FOR COMPLIANCE. ]
33 Subdivision 1.
[OFFICIAL CONTROLS. ] All official controls
34 in effect on August 1, }994 1988, shall remain in full force and
35 effect until amended or repealed sheerer-such-eertrele-were
36 adopted-by-reedlatien-o£-i.he-board-or-bp- rdinance-and-whether
49
12/18/87 [COUNSEL ] DPM SC5889-9
1 er-Ret-eemprehensiye-pians-hod-been-adopted-before-the-of.4ieiei
2 eontreis-were-adopted, except as provided in this section. Any
3 official controls and any procedures for the administration of
4 official controls which that are in existence on August i1, 1-974
5 1988, shall be brought into compliance with Laws 1-974
6 chapter 57i . . . , within feet' two years from August 1, 194
7 1988.
8 Subd. 2. [COMPREHENSIVE PLAN. ] Any local government unit
9 that has adopted official controls without adopting a
10 comprehensive plan must adopt by resolution and file with the
11 count recorder a comprehensive plan within five ears from
12 August 1, 1988.
50
CITY OF
EHINHISSEN
6s0 couLrER DRrvE . r " r?I jil.;-**ro.rr*, MTNNESoTA 55317
UEI{ORANDUM
TOs Planning Commission
FROM: Jo Ann Olsen, Asst. City Planner 2fY')
DATE: February 26, L988
SUBJ: City Council Update
On February 22, 1988, the City Council acted on the following:
1. Stratford RidgeT Bob Pierce:
a.Denied the variance to the recreational beachlot ordinance
for the lot depth, canoe racks and number of boat slips.
b Approved the conditional use permit for
beachLot without a dock and canoe rack.
a recreational
2
The City Council did comment that a zoning ordinance ainend-
ment may be appropriate to permit a dock on an outlot that
has the required minimum square footage and with an average
Iot depth of 100 feet or 100 feet of depth at the location
of the dock. For this to be pursued, the applicant would
have to apply for a zoning ordinance amendment. The appli-
cant intends to file an application in the near future.
The City Council denied the Schwaba-Winchell subdivision
for 5 single family lots that proposeil two shareil driveway
access points on I{innewashta Parkway. The Council felt that
an internal cul-de-sac with only four lots was more
appropriate. To pursue the subdivision, the applicant $ri11
have to submit an amended ptan for the Planning Conmission
and City Council to review.
3 The City Council agreed with the Planning Commission recom-
mendation on the specific zoning ordinance amendments (125
foot lot depth, deleting temporary conilitional uses, cemetery
signage, and fences) and passed them all for first reading.the proposed codified ordinance was also adopted for first
reatling.