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04-6-88 Agenda and PacketAGENDA CHANHASSEN PLANNING COMMISSION WEDNESDAY, APRIL 6, 1988, 7:30 P.M. CHANHASSEN CITY HALL, 590 COULTER DRIVE Wetland Alteration Permit to construct a pond Class B wetland and develop within 200 feet ,/.,t -J,/o CALL TO ORDER PUBLIC HEARINGS Conditional Use Permit for a recreational beachlot vrith a canoe rack and a dock with three overnight storage of watercraft on Lot 37, Shore Acres, on Lake Riley, Sunny Slope Homeowners Association. *2. Trappers Pass Addition' property zoned RSE, Residential Single FamiIy and PUD-R, Planned Unit Development -Residential, located on the north and west sides of Pleasant View Roail approximately l mile west of Hwy. 101, Lundgren Brothers Construction : a. Subdivision of 32.5 acres into 34 single family lots *1. 5 b within a *a ITEM +4 HAS BEEN RESCHEDULED FOR APRIL 20, L988 R & R Lanal Ventures, property zoned RSF, Residential Single Family and located on the south side of woodhil-I Road, approximately l mile east of Nez Perce (LoLs 2773-2803 anil 28\0-284'l , Carver Beach ) : Conditional- Use Permit for outdoor display of merchandise sa1e, specifically landscape producEs, on property zoned Business Fringe District and located at 608 Elying Cloud Drive, James Freeman and Brambilla's Inc. for BF, Highway L,for a 4 b a. Subdivision of 3.5 Wetland alteration Class B wetland acres into 7 single family lots permit to develop within 200 feet of a Section 20-253 (5 & 7) of to amenal the lot depth canoe rack/dock requi re- Zoning Ordinance Amendment to amend the Recreational Beachlot ortlinance reguirement for a dock and the one ment, Robert Pierce. *5.Conditional Use Permit on property zoned BIl, Business District and located on Lot 5 anal part of L,ot 5, Bl-ock Frontier Development Park (just west of UGM building), Bernie Hanson for the following uses to be located in 19,048 square foot commercial building: a) smal1 vehicle sales b) outdoor display of merchandise for sale c) screened outdoor storage d) automotive service center *VISIT SITES NEW BUSINESS 7.Site Plan Review for construction of a f9,048 square foot commercial building on property zoned BH, Business Highway District and located on Lot 5 and part of Lot 6, Block 1, Frontier Development Park (just west of MGM building), Bernie Hanson. Site Plan Review to expand City Ha11 5,411 square feet and parking 1ot and landscaping reconstruction. APPROVAL OF MINUTES OPEN DISCUSSION ADJOURNI4ENT I CITY OF EHANIIfiSEEI[ P.C. DATE: April 6, 1988 C.C. DATE: April 25, 1988 CASE NO: 84-6 CUP Prepared by: Olsen,/v Fz () =LL ko hJF @ Conditional Use Permit for a Recreational BeachlotPROPOSAL: LOCATION: APPLICANT:Sunny Slope Homeowners Association 340 Deerfoot Trai 1 Chaska, MN 55318 PRESENT ZONING: ACREAGE: DENSITY: RSF, Residential SingIe Famil-y 5,500 square feet ADJACENT AND LAND ZONING USE: ..-\/- l;iorJ-. l- -- _-N- S- E- w- RSF; Lake RSF; RSF; single Riley s ingle single f ami 1y f ami Iy f ami Iy WATER AND SETiIER: PEYSICAL CEARAC. : 2OOO LAND USE PLAN: Sewer is available, water is not availabl STAFF REPORT Lot 37, Shore Acres :tr !o;,i,,.i. ; : .: .:.-) ..-l'e :8Y''l! llL, .t; \t , ,.i" The site is levef and is a riparian lot- Residential- Low Dens i ty rfl 5ll c.R t8 ) e lrJz z. lrJ - 8900 9000 9roo 9200 9300 :) 9500 zE--960O 9700 980O:O I trq _ _2OO 300 400 500 \_,'( RD RILEY =kl.6 ?trxl)tqq31 IF ( POHO R-IA R-l ruil s D .j L _l -9400 roo il oco'I 600 c-3 P-t iCdR-l +s L AKE q erc. I-+rL ? I Sections 20-263 of the City Code requires a recrealional beachlotto harre at least 200 feet of lake frontage. No more than onedock may be erected on a recreat.ional beachlot for every 200 feetof lake frontage, 30,000 sguare feet of land and 100 feet ofdepth. No more than three motorized or non-motorized watercraftper dock shall be allowed to be stored overnight. No more thanone canoe rack shall be allowed per tlock with no more than sixwatercraft stored on a rack (Attachment *1). ode permits a fence on riparian lotsl feet within the rear yard setbackother fence on a single familyof 5i feet (Attachment *2). A1L APPLICABLE REGULATIO}IS Section 20-L022 of lhe Citto have a maximum height o(75 feet from the OHWM).1ot may have a maximurn heifences require a building The applicant most recently requested a conditional use permitfor a recreationat beachlot and a variance to the RecreationalBeachlot Ordinance in the spring of 1986. The conditional usepermit request in 1985 was for a recreational beachlot with the f ollowing improvements : One 32 foot dock Overnight storage of four watercraft Two canoe racks (6 canoes each)Front and side yard fencing A 20 foot sand blanket A 12' x 21r storage building The requested improvement.s to !he recreational beachlot resultedin the following items needing variances to the RecreationalBeachlot Ordinance: l. One 32 foot dock2. The 12t x 2Lr storage building3. Overnight storage of four lratercraf t On February 26, 1986, the Planning Commission recommended denialof the conditionaL use permit request (AtEachment *3). On March17, 1986, the Board of Adjustments and Appeats reviewed thevariance requests and moved to have the City Council act on theproposal (Attachment *4). On April 2L, L986, the City Councj.l moved to Eable action until the City Attorney provided findingsof fact for denial for the City Council to adopt (AttachmenE #5). On May 5, 1986, the City Council reviewed the findings of fact to recommend denial of the variance and conditional use permit ycf3 Any thtpermi t . BACKGROUND 1 2 3 4 5 6 Sunny Slope HOA CUPApril 5, 1988 Page 2 Sunny Slope HOA CUPApril 6, 1988 Page 3 request for the recreational beachlot. At this meeting, therepresentative for the Sunny Slope Homeowners Association, StevenBurke, requested thaC the application for the conditional usepermit and the variances be withdravrn (Attachment *6). Theapplication was formerly withdrawn prior to the City Councilacting on either the variance or conditional use permit request. ANALYS I S The applicant has submitted a new application for the conditional use permit for a recreational beachlot and for variances to the Recreational Beachlot Ordinance to receive a final determination from the City Council- (Attachment #7). The applicant is requesting a conditional use permit for a recreational beachlot vri th the following improvements: I. The installation of one dock adjacent to the lot of such size and shape as Eo conform to the requirements of the RecreationalBeachlot Ordinance. Al1ow the overnight2 3 Cons truct each rack two canoe storage of up racks capabJ.e Landscape the north side of theof the 1ot in line with that ofsoil erosion onEo the Iake. to of three watercraft. storing six canoes on property to bring the contour any neighbors to minimi ze 4 5 Install frontsecurity and and siCe lot fencing on the property to provide pr i vacy . The City Code requires a 1ot to have a min j.mum of 200 feet oflake frontage to receive a conditional use permit for arecreational beachlot. The City Code requires a minimum of 200feet of lakeshore, 30,000 square feet and 100 feet of lot depthfor a recreational beachlot Eo have a dock. The proposedrecreational beachlot has 50 feet of lake frontage, I10 feet oflot depth and 5,500 square feet of lot area. The regulations forrecreatsional beachlots permits one canoe rack per dock. The Planning Commission and City Council are responsible forreviewing the conditional use permit request for the recreationalbeachlot. The Board of Adjustments and Appeals and City Councilare responsible for reviewing the variance request to theRecreational Beachlot Ordinance requirements. Sunny Slope HOA CUPApril 6, 1988 Page 4 CONDITIONAL USE PERMIT The Planning Commission denied the conditional use permit for therecreational beachlot in 1986 for the following reasoos: The use of twelve households r"/ith friendsis too intense a use for such a sma1l 1ot and acquaintances 2. The ordinance is valid and a variance was not justified. I If the Planning Commi ss ion proposal as noh, presented, following motion: no change in the intensity of the Planning Commission may adopt Ehethe "The Planning Commission reconmends denial of Conditional UsePermit #84-6 for a recreational beachlot on LoC 37 of Shore Acres . " ATTACHMENTS Section 20-263 of City Code.Section 20-L022 of City Code. Planning Commission minutes dated February 26, 1986.Board of Adjustments minutes dated March 17, 1986.City Council minutes dated April 21, 1986.City Council mintues dated May 5, 1986.Lett.er from appl icant. Appl ication . I 2 3 4 5 5 7 8 The sit.e proposed for a recreational beachlot does not meet the minimum requirements of the Zoning Ordinance for it to receiverecreational beachlot status or to permit a dock and two canoeracks. The applicant would have to receive variances to the City Code to receive a conditional use permit and make the proposedimprovements. The fence and Iandscaping is permitted. Shouldthe Planning Commission prefer certain improvements to the siteif the necessary variances are approved, they should state thesein a recommended condition. The proposed site does not meet the minimum requirement of 200feet of lake frontage and therefore, would not be permitted a condit.ionaL use permit for a recreational beachlot. without avariance. The dock and canoe rack would also not be permitted. The applicant i.s proposing to provide fencing and landscaping onthe site. The zoning Ordinance requires shoreline fences to havea maximum height of 3l feet in the rear yard (lakeside). Therear yard setback for a riparian lot is 75 feet, therefore, theapplicant could install a fence within 75 feet from the ordinaryhigh water mark at a maximum of 3l feet and any fence beyond thatcould have a maximum of 6l feet. The installation of a fencerequires a building permit. The Zoning Ordinance does not haveany specific regulations for landscaping on individual l_ots. RECOMMENDAT ION ( ZONING $ 20-263 d. one (1) percolation test per drainfierd site where the rand slope is between thirteen (13) and twenty-five (2S) percent. Areas where the land slope exceeds twenty-five (2S) percent shall not be considered as a potential soil treatment site. The sewage treatment system must be in conformance with chapt€r 19, article IV. School and day care uses acce$iory to the church us€ are not permitted unless (2) (3) (4) ( approved by the city council. (Ord. No. 80, Art. V, $ 9(5-9-r(z), 12-lE-86) Sec. 2G260. Private stables. The following applies to private stables: (1) Stables shall comply with chapter 5, article III. (2) Stables must be located a minimum of two hun&ed (200) feet from wetland. areas. (Ord. No. 80, Art. V, $ 9(5-9-1(8), 12-15A6) Sec. 2G26f. State-licensed day care centers. The following applies to state-licensed day care centers: (1) The site shall have loading and drop off points desigrred to avoid interfering with traffic and pedestrian Dovements. (2) outdoor play areas shall be located and designed in a manner which mitigates visual and noise impacts on adjoining residential areas. (3) Each center shall obtain all applicable state, county, and city licenses. (Ord. No. 80, Art. V, $ 9(5-9-1(9), 12-1b-86) Sec. 2G262. Hoepitals and health care facilities. The following applies to hospitals and health care facilities: (1) The site shall have direct access to collector or arteriar streets, as defrned in the comprehensive plan. (2) Emergency vehicle access shall not be adjacent to or locat:d across a street from any residential use. (Ord. No. 80, Art. V, $ 9(E-9-1(10), 12-15-86) Sec. 2G26:1. Recreational beach lots. The following minimum standards apply to recreational beach lots conditional use inaddition to such other conditions as may be prescribed in the permit: -rd( (1) Recreational beach lots shall have at reast two hundred (200) feet of lake frontage. \1175 Si $ 20-263 (2) No structure, portable chemical toilet, ice fishing house, camper, trailer, tent, recrea- tional vehicle or shelter shall be erected, maintained or stored upon any recreational beach lot. (3) No boat, trailer, motor vehicle, including but not limited to cars, trucks, motorcycles, motorized minibikes, all-terrain vehicles or snowmobiles shall be driven upon or parked upon any recreational beach lot. !r (4) (5) (6) 6F (?) (8) (9) (10) No recreational beach lot shall be used for overnight camping. Boat launches are prohibited. No recreational beach lot shall be used for purposes of overnight storage or overnight mooring of rnore than three (3) motorized or nonmotorized watercraft per dock. If a recreational beach lot is allowed more than one (1) dock, however, the allowed number of boats may be clustered. Up to three (3) sail boat moorings shall also be allorved. Canoes, windsurfers, sail boards, and small sail boats may be stored over- night on any recreational beach lot if they are stored on racks specifically desigrred for that purpose. No more than one o) rack shal be allowed per dock. No more than six (6) watercraft may be stored on a rack. Docking of other watercraft or seaplanes is permissible at any time other than overnight. No dock shall be permitted on any recreational beach lot unless it has at least t\yo hundred (200) feet of lake frontage and the rot has at least a one hundred-foot depth. No more than one (l) dock may be erected on a recreational beach lot every two hundred (200) feet of lake frontage. In addition, thirty thousand (80,000) square feet of land is required for the first dock and an additional trventy thousand (20,000) square feet is required for each additional dock. No more than three (B) docks. horvever, shall be erected on a recreational beach lot. No recreational beach lot dock shall exceed six (6) feet in width, and no such dock shall exceed the greater of tifty (S0) feet or the minimum straight-line distance necessary to reach a water depth of four (4) feet. The rvidth (but not the length) ofthe cross-bar of any "T" or "L" shaped dock shall be included in the computation of length described in the preceding sentence. The cross-bar of any such dock shall not measure in excess of tlventy-five (25) feet in length. No dock shall encroach upon any dock set-back zone, provided, however, that the owner of any two (2) abutting lakeshore sites may erect one (l) common dock within the dock setback zone appurtenant to the abutting lakeshore sites, if the common dock is the only dock on the two (2) lakeshore sites and ifthe dock otherwise conforms with the provisions of this chapter. No sail boat mooring shall be permitted on any recreational beach lot unless it has at least two hundred (200) feet of lake frontage. No more than one (l) sail boat mooring shall be allowed for every two hundred (200) feet of lake frontage. C ( e(11) A recreational beach lot is intended to serve as a neighborhood facility for thesubdivision of which it is a part. For purposes ofthis paragraph, the following terms 1176 CHANHASSEN CITY CODE \ ZONING $ 20_280 shall mean those beach rots which are rocated either within (urban) or outside (rural) the Year 2000 Metropolitan Urban Service Area boundary as depicted in the com_prehensive plan. a. Urban recreatittnal beach lot At least eighty (g0) percent of the dwelling units, which have appurtenant rights of access to any recreational beach lot, shall be located within ong thousand 0,000) feet ofthe recreational beach lot.b. Rural recreat tnal beach tnt A maximum of hfty (b0) dwelling units (including riparian lots) shall be permitted appurtenant rights of access to the recreational beach lot' upon extension of the Metroporitan urban service bounarary into the rural area, the urban recreational beach lot standards will apply. (12) All recreational beach lots, incruding any recreational beach lots estabrished prior to Februar5r 19, 1982 may be used for swimming beach purposes, but only if swimming areas are crearly delineated with marker buoys which conform to the united states Coast Guard standards. (13) Each recreational beach lot shall have a width, measured both at the ordinary high water mark and at a point one hundred (100) feet landward from the ordinary high water mark, of not ress than four (4) rinear feet for each dwelling unit which has appurtenant rights of access to the recreational beach lot accruing to the owners or occupants of that dwelling unit under applicabre rules of the homeowner association or residential housing developers. (14) overnight docking, mooring, and storage of watercraft, where allowed, is restricted. to watercraft orvned by the owner/occupant or renter/occupant of homes which have appurtenant right of access to the Iecreational beach lot. (15) The placement of docks, buoys, diving ramps, boat racks. and other structures shall be indicated on a site plan approved by the city council. (Ord. No.80, Art. V, $ 9(5-9-1(11)), t2-15-86; Ord. No.80.A, S 1,6-15-87) Sec. 2G264. Electrical substations, Electrical substations are subject to the follorving conditions: (1) The substation must be served by a collector or major arterial street as desginatcd in the comprehensive plan. (2) The substation w r not have sanitary facilities and will not be used for habitation. (3) The substation will be located on at least five (S) acres of property. (4) A six-foot high security fence shall surround the substation. (5) A landscaping plan shall be submitted for city approval. (6) Substations shall be a minimum ofhve hundred (500) feet from single-family residences.(Ord. No. 80, Art. V, $ 9(5-9-103)), t2-15-86) Secs. 20r265-2G28O. Reserved. tL77 ( ( (4) Animars being kept as part of the Minnesota Zoologicar Garden,s or st. paul comoZoo's docent programs. are in alrowed use in alr zoniig districts. Before such animalsare allowed, however, the participant in the program must receive the approval ofthecouncil regarding participation in the program Ld identify the animal being kept.(5) Animals may only be,kept for commercial purposes U authorized in the zoningdistrict were the animals are located. (6) Animals may not be kept if they cause a nuisance or endanger the hearth or safety ofthe community. . _ (7) Other animals may be allowed by conditional use permit.(N. No.80, Art. VI, $ 9(6-9_t), 12-rE€6) Sec. 2l}lm2. Care and treatnent, Animars kept within any zoning district shalr be subject to the following requirements:(1) The size, lumber, species, fac,ities for and rocation of animals kept shall be main- fi: : * not to cotrstitut€ a danger o" ooi"an"" by means "f "a"", ""r* ""(2) Facilities for housing animals shall be: a. Constructed of such matcrial as is appropriate for the animals involved.b. Maintained in good repair_c. Controlled as to temperature, ventilated and lighted compatible with the healthand comfort of the animals.d. Of sufhcient size to allow adequate freedom of movement. Inadequate space maybe indicated by evidence of malnutrition, o*" "o-Jio, of debility, stress orabnormal behavior patterns.e. Cleaned as often as necessar5r to prevent contamination ofthe animals containedtherein and to milrimize disease t az*a" .rra ."ao"" Jo.". Animars sha, be provided wholesome, paratabre food and water free from contamina- lr;;;:, of sufiicient quanrity and nutritive "r1"";;;-";;;; all animals in good (4) Animars kept in pet shops or kenners shall be kept in accordaace with regulations forpet shops and kenne,s iu adrition to the regula'tio; provided by this division. petshop or kennel o*""":l1l^lT"ive a licensJas requirea Uy tle city.(Ord. No.80, Art. VI, $ 6-9-2, 12-15-86) - Secs. 2Glfi)3-2Gl0l5. Reserved. DTVISION 5. FENCES AND WAIJ,S Sec. 2Gl0l6. Intent. CHANHASSEN CITY CODE$ 20-1001 (3) C ( e The intent of this division is to provide standards for fences along the perimeter of rotsthat act as boundaries and/or barrrers. (Ord. No. 80, Art. VI, $ 12(6-12-1), r2-rb-86) 1240 k Z C ZONING ( Sec. 2G101?. Permit. A building permit sha, be obtained for any fence instared for any purpose other than anagricultural purpose prior to installation of same. A site plan showing location of the fenceshall be submitted with the permit application. The buiiding official may require a fencepermit application to provide a registered land survey establishiog p"operty lioes(Ord. No. 80, Art. yI, i r2(6-t2-2,6_124, 6-12_5), 12.15_86) Sec. 2Gl0l8. Commercial and industrial fences. Fences for screening or storage purposes installed on property used for commercial orindustrial uses may have a maximum height of eight (g) feei. When commercial or industrialuses abut property used or zoned for residential uses, a fence at least six (6) feet in height shallbe placed between the residentiar and the commerciar and industrial property. sa-id f.oc"must be one hundred (100) percent opaque. commercial or industrial fences over eight (g) feetshall require a conditional us€ permit. (Ord. No. 80, Art. VI, $ 12(6.12-10), t2-1S-86) Sec. 2G,1019. Location. All fences shall be rocated entirely upon the property ofthe fence owner unress the ownerof the adjoining property agrees, in writing, that said fence may be erected on the propertyline ofthe respective properties. Such an agreement shal be submitt€d at the time ori"iiau!permit application. (Ord. No. 80, Art. yI, $ 12(6-12-A), 12-15-86) Sec. 2G1020. Construction and maintenance. Every fence shall be constructed in a substantiar, workmanlike manner and of materialreasonably suited for the purprose for which the fence is proposed to be used. Every fence shalrbe maintained in such condition as to not become a hazard., eyesore, or public o" p"i;; nuisance. AII fences shall be constructed so that the side containing the framing supports andcross pieces face the interior of the fence owner's lot. Any fence which does not comply withthe provisions ofthis chapter or which endangers the public safety, health or welfare shall beconsidered a pubric nuisance. Abatement proceedings may be instituted by the proper cityofficial alter fifteen (18) days notification, if the owner of such fence t * ,oi ,rrrau"t"t"o ti"Decessary repairs to abate the nuisance. Link fences shalr be constructed in such a mannerthat no barbed ends shall be exposed. (Ord. No. 80, Art. VI, $ 12(6-12$), 12-18-86) Sec. 2GlO21. Swimmiug pool feDces. . - All in-ground swimming pools shall be protected by a fence not less than four (4) feetin height. All gates shal have the latch instaled on the pool side of the fence. Alr i*;o,r;;pools installed prior to February 19, rggz shal compry with this chapter within one hindredeighty (180) days of such date. subsection (a) does not apply to poors inaccessible from adjacentproperties or which are rocated on property completely enclosed by a perimeter fence fiur (4)feet in height. (Ord. No. 80, Art. VI, $ rZ6-12-?), 12-15-86) L24l $ 20-1021 s 20-1022 C X Sec. 2G,1022. Shoreline fences. Fences to be instaned on riparian rots shalr have a maximum height of three and on+half(3}{) feet in the rear yard Oake side). (Ord. No. 80, Art. VI, $ t2(6-12-8), 12-15-86) Sec. 2111023. Height. Any fence over six and one-harf(6)5) feet must receive a conditional use permit. The fenceheight is measured from ground elevation to the highest point on the fence.(Ord. No. 80, Art. VI, S 12(6-12-9), 12-18-86) Secs. AnlOrX-20,1(X0. Rceerved. DWISION 6. WIND ENERGY CONVERSION SYS"IEMS (WECS) Sec. 2Gl(Xl. Purpose. Ttre purpose of this division is to estabrish standards and procedures by which theinstallation and operation of WECS shall be governed. (Ord. No. 80, Art. \II, $ 20(6-20-1), t2-1b-86) Sec. 2GlM2. Ornamental wind devices. ornamental wind devices that are not a WECS shalr be exempt from the provisions of thisdivision and shall conform to other applicable provisions of this chapter. (Ord. No. 80, Art. VI, $ 2q6-20€), 12-15-S6) Sec. 2GlM3. l hen allowed. Wind conversion systems may be allowed as a conditional use subject to the regulationsand requirements of this division, provided the property upon which the system is to belocated is zoned agriculturar, commerciar or industrial and is constructed and maintained onany parcel of at least two and one-half(2%) acres in size. (Ord. No. 80, Art. VI, $ 20(6-20-2), 12-15-86) Sec. 2[ll&4. I)eclaration of conditions. The planning commission may recommend and the city council may improse such condi-tions on the granting of WECS conditional use permit as may be necessary to carry out thepurpose and provisions of this division. (Ord. No. 80, Art. VI, $ 20(6-20-g), 12-15-86) Sec. 2&1045. Site ptan. All applications for a WECS conditional use permit shall be accompanied by a detailed site plan drawn to scale and dimensioned, displaying the following information: (1) Lot lines and dimensions.e- t242 CHANHASSEN CITY CODE ( C PI,ANNING COM!4ISSION MINUTES REGUIAR II{EETING FEBRUARY 26, 1986 Vice-Chairman Conrad ca1led the meeting to order at 7:40 p.m. MEMBERS PRESENT Tim Erhart, Noziska and Steven Emmings, Robert Siegel, Iadd Conrad, Howard Mike Thompson. MEMBERS ABSENT Bill Ryan STAFF PRESENT Jo Ann Olsen, Asst. City Planner and Vicki Churchill , Secretary. PUBLIC IIEARING Conditional Use Permit for a recreational beachlot and toconstruct a storaqe buildinq on 5,500 sguare feet of propertv\/ ' zoned R-l and .Located aL 924). Lake R rev Boulevard, SunnyslopeI Homeowner I s Association,appli cant Public Present Steve BurkeBill Boyt Eunice Kot tke Rudy & Luci l1e Mairan Del{itt Paul & SuzanneJoy Tanner Don Sitter Rem us Olson appl i cant 7204 Kiowa Circle 9221 Lake Riley Blvd 9245 Lake niley alvd. 92 25 Lake Riley Blvd. 9239 Lake Riley elvd. 9243 Lake Riley B1vd. 9249 Lake Riley Blvd. Olsen stated that the Sunny Slope Homeownerrs Association pre-viously applied for a conditional use permit to allow the lot tobecome a recreational beachlot and have an existing dock cornplywith the Zoning Ordinance. The Planning Cornmission considered-the request on August 8, 1984 for the beachl-ot which alsorequested permission to: Install a seasonal dock.Install two canoe racks.Install a privacy fence. A11ow overnight storage of four $ratercraft. I 2 3 4 Olsen stated that the request required variances to theRecreational Beachlot Ordinance to allow overnight storagefour watercraft and a dock on a lot vrith Iess than I00 feetwidth. She stated that the planning Commission voted 5 todeny the conditional use permit request for a recreationallot . of in1 to beach - t3 ( L PIan n i ng Febr uary Page 2 Commission Minutes26, L986 ( She stated that tbe conditional use permit and variance requestswere withdrawn by the applicant before it was reviewed Uy tneBoard of Adjustments and Appeals and the City Counci1. strestated that the applicant stated that DNR allowed the dock, forstorage of four watercraft, vrithout the need of a permit. Shestated that the City replied that a dock could not be a principleuse of a property and ordered the dock removed. olsen stated that the applicant is again requesting a conditionaluse permit for a recreationaL beachlot with the followingimprovements: One 32 foot dock.Overnight storage of four watercraft. Two canoe racks (5 canoes each).Front and side yard fencing.A 20 foot sand blanket. A 12' x 21r storage building. Olsen stated that the Zoning Ordinance states that a recreationalbeachlot must have at least four 1inea1 feet for each dwellingunit that has access to the recreational beachlot. She statedthat Sunny Slope Addition has 12 dwelling units which results ina minimum requirernent of 48 feet for a recreational beachlot. She stated that the ordinance also states that there must be atleast 100 feet at the ordinary high r,rater mark and at a point IO0feet landward for a recreational beachlot to have a seasonaldock. She explained that the lot has enough r.ridth to be used asa beachlot, but 100 feet is required for a seasonal dock and thusthe need for a variance. Olsen also explained that the applicant is proposing to constructa 12r x 2lr storage building, approximatel,y 70 feet from theordinary high water mark. She stated that Section 7.04 (9 tAI)states that no structure sha1l be erected on a recreationalbeachlot and again a variance will be required for the storagebuilding. Olsen explained that a third variance is required for the over-night storage of four rdatercraf t in vrhich section 7.04 (9tDl)prohibits the overnight storage of watercraft. She stated thatthe same section does allow the storage of canoes. I 2 3 4 5 6 \ olsen stated that these variances are scheduled forBoard of Adjustments and Appeals and City Council on 1986. rev i ew Mar ch by thet7, Olsen explainedthe DNR and the that the proposed sand applicant wi 11 have to is reguJ.ated by DNR approval . bIa nket receive Planning Febru ary Page 3 Commission Minutes26, L986 ( She stated that details of the proposed fencing have notsubmitted, but staff is recomrnending that it not exceedin height to reduce screening the view of the lake fromresidences. beensix feet ad jacent ( Steve Burke stated that the Homeowner I s Association is attemptingto develop its lot into a recreational beachlot. He stated thatthey have looked at this in a number of ways with their attorneyand their attorney indicates that they should request one moretime from the City, to have the lot desj.gnated as a recreationalbeachlot with the improvements indicated which are slightly dif-ferent from the previous reguest. He stated that the EomeownerrsAssociation has attempted to look into the future and ask forwhat they feel will accommodate them at that time. He stated$rithout access to the lake, the lot holds very 1ittIe value tothem. He stated that their attorney has told them that they havea couple of options. He stated that one is to come back and seeif they can get the recreational beachlot as submitted. Hestated that if they can not get approval of the request, theother option would be to build a single family home on the pro-perty. He stated that the lots next to the subject lot receivedvariances to construct a single family residence and felt thatthey could also receive those variances. He stated that if theybuilt a single family home on the lot, they would automaticallybe allowed a dock with up to five boats to be stored overnight. He stated that what he is looking for is feedback from the neigh-bors that are present tonj.ght to find out if their preference would be to cEnstruct a home on the property. He stated that the1ot, even though it is undersized, has the riparian right toinstall one dock and keep five boats overnight on it. He statedthey intend to obtain that and start using that. He stated thatat this point they want to get input from the City and neighbors and determine if a single family home or if they should go withthe recreational beachlot with the improvements. Joy Tanner stated that she is located on the opposite side of the1ot from the Olsonts. She stated that she is opposed to therecreational beachlot. She stated that based on the ordinance,everything they are proposing is contradictory to the spirit ofthe R-l zoning. She stated that she thought she was assured. in1978 when AlLen Gray requested a beachtot, that the because ofthe R-I zoning and because of the ordinances, there wouLd be nochance that anything but canoes would be used, no motorized traf-fic over the lot, no RVts, no trailers, no snowmobiles and noovernight boat storage. She stated that last year when the dockwas in the water, there were boats stored overnight. She statedthat boats were launched from the Iot. She asked Mr. Burke if hecould see the lot from his home? Mr. Burke stated that he could but not very welI. Planning Febr uary Page 4 Commission Minutes26, L986 ( Joy Kanner stated that it would be very difficult to monitor the1ot and she has seen people driving by the area lookinq for aplace to launch their boat. Mr- Burke stated that they did have a dock on the lot for a whireuntil we got a notice from the City. He stated that the 1ot iszoned R-l , and it allows for a dock, boats, the 1aunch of boatsand motorzied vehicle parking on the lot. He stated thateverything they were doing diii not apply at the time the Citysent the notice. He stated that they understand that if thereguest is approved for a recreational beachlot and improvements,they will not be able to Launch boats over the Iot. HL statedthat when the city indicated in their letter to them that untilsuch time that proper use of the 1ot, which would be a home, thedock can not be put out. He stated that they did not say a dockcoultl not be there. He stated to the neighbors that onci thehomeownerrs assocation has put up a house, they can put theirdock out, put their boats out r park the traileis on lhe property,drive across and launch the boats as the lakeshore propeity-owners can. He stated that he would hope that they understandthe benefits of making it a recreational beachlot instead ofhaving a home constructed on the 1ot. Don Sitter stated that he lives a few blocks down from Lhe 1ot inquestion and. wond.ered how the planning Commission feels becauseMr. Burke has been honest and stated that if he does not get thebeachlot, they will construct a home on the l-ot? He asked whatthe Planning Commission's opinion was on building a home there owned by an organization, a communitable property home? He askedif there were ordinances or are there precedents? Steve Burke stated that he thinks the answer to that is in theordinances as a alef inition of a person. He stated that a defini-tion of a person is an individual , a corporation, partnership,trustee, a homeowner's association, and a person has the right toconstruct a home. Conrad stated that he is not going to ask the Planning Commissionto directly respond to that, however, you vril1 hear theirthoughts after the public hearing is closed. He stated that weare to react to the request. He stated that it is the appli-cantrs property and. he can do whatever he gets permission to do. He stated that the applicant wants to see if the city is going togrant variances to do that. He stated that he is correct insaying that if he receives variances to build a home, he can putout five boats, however, those boats are not typically owned byanyone other than who lives in the home. He stated that frrnersof lakeshore typically use one boat at a time- Paul O1son stated that he lives next door to the lot. He statedthat he is opposed to it mostly because he does not see how thecity can allow more people on the lake in these instances while l- Planning Febr u ary Page 5 Commission Minutes 26, L986 ( they are holding them off at the launches everywhere else. Hestated that the idea of four boats on 50 feet, there is not goingto be much more room to move. He stated that they will be novingover into my area or my neighbors beach area. He stated that heis opposed to the safety outlook because there is not room forfour boats on the lot. I,larian Dewitt stated that she is opposed to it in that if accessis granted to the lake for Sunny Slope right between two homes,all of the protection and security of the R-I zoning is lost. She stated that all the problems and traffic with a group ofpeople would have to be contended with instead of just one familyfor which it is zoned. She wanted to read from the zoningdepartment standards for the granting of conditional use permits,which she said some are debateable; however, one just hits it. "That the conditional use will not be injurious to the use andenjoyment of other property in the immediate vicinity for thepurposes already permitted. Not to essentially diminish andimpair property values within the neighborhood.,, She stated thatthere was no doubt in her mind that it has already happened tothe neighbors on either side of the lot have had their en joymentimpaired. She stated that she felt if they were to try and seIItheir property should the conditional use permit be granLed,there would be rnarked loss in property vafue. She stated that when _ granting conditional use permits, the Commission should keepin mind that the permit goes with the property, not the indivi-duals, and once granted it is there for life. She asked aboutwhat would happen if the homeowner's association sold the lot toa big corporation from Chicago. She stated that they cou l-d. rentit out or do anything within the regulations, anci then the cityhas lost control. She stated that conditional use permits shoulabe handed out very carefully. She stated that as for the argu-ment about the one family home and having five boats, she statedthat they will meet that when it comes. She stated that shehrould not object to a single family home, but with a number ofowners of one home, yes she would object. U. ?hompson moved, seconded by Emmings, to close the publichearing. A11 voted in favor and the motion carried. 14. Thompson stated that some of the members on the Planning Commission established the Beachlot Ordinance to control whatproperty or.rDers r.rho did not live on the lake could do on the lakewith a beachlot. He stated that the idea was not to necessarilyall-ow unconditionally people that lived off of the lake but hadsome access or common 1ot. He stated that the Planning Commission has abided by the ordinance as written. He statedthat there were amendments proposed to the ordinance and theywere denied by both the p.Lanning Commission and City Council. Hestated that he does not see the Commission swaying from the deci-sion of one year ago. ( L C Tim Erhart stated that he did notthreat. He stated in reading whatcurrently payins taxes. He askeiito the subject lot were. feel I^ra S what Steve Burke was making apresented, they arethe sizes of the lots next thought they remarn ].n Olsen stated that she did not have the sizesi however,they were approximately the same size. She stated thatboth received variances to build a home. applicant that he did not hear him say thatthe title would be olvned by the homeowners. the title of property woulil probablySlope Homeowner,s Association Erhart said to theif a home was built Burke stated thatthe name of Sunny Emmings asked how many lots were in there and how many homes? Burke stated that presently there are seven and one will beconstructed in the spring. He stateal that he does not know ofthe plans for the other 1ots. Emmings stated that the use of that lot by twerve households andtheir friends and acquaintances on any given day is much too muchuse of that smaLl of a piece land. He stated that he waspersuaded most by the people who live close by the beachlot thatwould be opposed. Siegel stated that he also feels there will be an over usage ofthe area. He stated that the association would possibly s6ekto do something else with the property as far as its investmentas an association and seek other methods of use. Conrad stated that he still feels that the ordinance is valid-He stated that the lot could be used as a recreaLional beachlotcould under certain circumstances. He does not see this requestas being appropriate. He stated that he feels there is goodrationale in the ordinance and does not see anything to fursuadehim to see it differently. He felt that the request as lresentedwould be an overuse of the parcel . Emmings moved, seconded by M. Thompson, to recommend denialconditional use permit as proposed.. All voted in favor andmoLion carried. of the the Emmings felt that should the City Council approve the conditionaluse permit, they should take the following points into account: I The canoe rack and sand blanketit meets the DNR requirements. should be allowed as long as 2 They should not be allowed to have astorage of watercraft, or a building dock, or overnight on the lot. Planning Commission MinutesFebruary 26, !986 Page 6 C Planning Commission Mlnutes February 26, 1986 Page 7 3 Barbara DacyCity Planner Prepared by Vicki Churchill March 3, 198 5 He also stated that there should be some negotiations withthe neighbors and city staff on fencing as far as materials and size. ( L BOARD MARCH OF ADJUSTMENTS A}ID APPEALS MINUTES17, 1986 {CALt TO ORDER Chairman Johnson called the meeting to order at 5:30 p.m. !{E!{BERS PRESENT Willard Johnson, Carol Vlatson and DaIe Geving. STAFF PRESENT Jo Ann Olsen, Assistant City PUBLIC EEARING Shoreland Setback Variance Re PIann er 9235 Lake Rile Blvd . Cr Hal-versonarq Olsen explained thatapplicant.the Halverson variance was withdrawn by the PUBLIC HEARING Variance Re quest to the Recreational Beachlot Ordinance, I/U-t 37,Shore Acres, Sunn y Slope Homeowner's Associat j-on Public Present Steve Burke Olsen stated that the applicant is requesting a conditional usepermit for a recreational beachlot. She noted that the planning Commission reviewed the conditional use permit request onFebruary 26, L986 and unanimously recomrnended denial of the useas proposed. She stated that the City Council wil1 review theconditional use permit request on March 17, 1986. Olsen stated that the applicant is also requesting thethree variances to the Recreational Beachlot Ordinance: fol lowi ng Sunny Slope Homeowner's PresidenL Variance to Section 7.04 (9 [F]) to al1ow onedock on a recreational beachlot having a widththan I00 feet. seasonalof less I Variance to Section 7.04 (9 tDl)storage of four watercraft.to a1low the overnight Variance to section 7-04 (9 [A]) to allow a structure ona recreational beachlot. Steve Burke stated that this was not a new issue. He stated thatthe Sunny Slope Homeownerrs Association intended on using the 2 3 \4 L +(rL { Board of Adjustments and Appeals Minutes March 17, 1986 Page 2 property as either a beachlot or a single family residence andthat they would prefer a recreational beachlot. He also statedthat he felt the neighbors would prefer a recreational beachlot. He stated the lot has riparian rights for five boats withlaunching and overnight storage. Watson asked if they could have theresidence on the lot ? dock without a single farnily Burke stated that theysingle fami Iy res idenceditional use permit for on the property. are willing to give up the right for afor a npre restrictive use. The cpn-a recreational beachlot puts restrictions Geving asked Burke if there was anything in the d.ocuments lrhenthey bought the property that stated they had rights to use it asa beachlot or gave Sunny Slope rights to use the lake? Burke stated no. {1 Geving stated his orrn preference tosingle family resi.dence. He stated(boat house) is new to the previous Burke stated that they coming in again. are asking for everything now rather than have thethat the requests. pr oper ty pr o pos ed used as a bu il ding Geving moved, seconded All voted in favor and to close the carried - public hearing.by liat son ,the mot ion Watson moved, seconded by ceving, to adjourn thep.m. A11 voted in favor and the rbtion carried.{ meeting at 7:00 Olsen answered that a dock is not a principle use and wouldrequire a single family residence. Geving stated that the three variances complicated the issue. Heasked if the applicant understood that the Board of Adjustments would not act on this tonight, that it would be pa.ssed on to theCity Council. Burke stated that he understood. Geving moved, seconded. by Watson, to [Ess the proposal on to theCity Council for their decision. Geving moved, seconded by watson, to approve the Febru ary 24,1985 minutes as written. Al1 voted in favor and the rbtioncarr i ed . Council lleeting, APrii 2l' 1986 Itoti on ras seconded latson and Srenson, ilayor H ami I ton: The next a Condi t ional Use Pernit Steven Eurk e: Thank You, been going after this for be fore this sunoer cofies -3- Sonetine ago the City received a petition fror 0pus Corporation concerning a replot of a po.tion of the business plot into the 5th Addition. I believe council rerbers are quite faliliar rith the redesign of a cul de sac to aake the lots nore usable. The City has nor norked through the public irproveuent process to the point rhere re have solicited bids and four bids rere received as shorn on the bid tab. The lorer bid is froa VoIk Irucking and Excavating i.n the arount of $199'818.05 and based on the contents of your packets, that is recoolending that the arard be oade to the 1or bidder in that anount. If the.e are questions, ItlI try to ansrer theu. I donrt rant to drar this out' councihan Gevinq: One of the connents that yas oade here by the Icl{, tentative arard. Do re have any reason for naking that stateIent?Usually they 1et out recontrendatiors. 0K. llo contrent. Councilvonan liatson moved to app.ove the folloring: To accept the bid fron VoIk Trucking and Excavating in the arount of $199,818.05 for the Chanhassen Lakes Eusiness Park 5th Addition. by Councilnan Geving. The folloning voted in favor: i{ayor Harilton, Councilroren Councilnen Horn and Geving. llo negative votes. llotion carried' iten is the Sunnyslope Homeorners Association. Steven Burke is requesting for a Recreational Beachlot and variance to a Recreational EeachIot Requireoents. I rould like to call on steve. If you have anything additional you rould rant to add that ce havenrt heard previously, please present it nor. I think re've gone ove. this so nany ti[es, le are all fariliar rith it. llr. llayor. The couple questions and points I rant to bning up' I knor rerve tro yea.s. llhat re ranted to do at this point ras resolve this situation about and it's our hope that the Council ri11 tonite app'ove the Recreational geachlot rith the variances necessary for the inprovenents that re are talking about. l do llant to point out in the packet that ras seni out, there ras reference to a boathouse. At no tire had re applied foraboathouse.IthinkthatvasinAdjustrrentofAppeals.Itrasnisinterpreted.Thestructulre that ras indicated ras a sto.age shed for life preserve'sr canoe paddles' etc' It ras indicated that thattypeofst.uctureverou]'dnotbeabletostoregaS.llerealizethat.l{earelookinqforrhat I call a storage bui.lding, one of these things that you can buy fnor Sears' Ile are not Jookinq for a boathouse to store boats in that and so I knou that you ronrt be thinking that's rhat ue are looking for. A couple of questions I arn looking at are that re have been given a nunber of conflictinq reports. Ie have been told by the City that the iity has jurisdiction over that lake and that's *hy re had to pul1 thedocklastsulner,yetaboutthreenonthsagolaskedtheCitytoenforcetheirriqhttohavedocks pulled out of that lake for the people rho left in those seasonal docks and I received a letter fron theCityinforningusthattheCityhasnojurisdictionoverthatlakeandthereforecannotrequile "nyon. io pu11 seasonal docks, And the only jurisdiction on that lake ras the Dt{R ordinance, Hhich rasrhatresaidrhenrereinstalledit.And,Earbaraisarareofthisbecausesherespondedtone after having to check that. The other thing that I knor you aI1 knou is rhat Roger gave you his leqal opinion on iega"ding hor he felt the Recreaiional Beachlot 0rdinance ras not qoing to be dependable in court and re donrt xant to go to the court systen' but I Roge' shaking his head' Barbara knors Irve seen it, but that's sonething is a conounication' Earbara can address that if you rant' Councilman Geving: I dontt knov hor you lould have seen that' Ste ven Burke: c ame b ack after T- Steven Burke: 1t Has accidently left in one rnaking caIIs saying I canrt of the fiLes upstairs, I asked for a copy of it' She have that. Roqe. Knutson: I think rhat he is referr i ng to hopi ng that lot, if re is I did not say it Anyr ay, rhat te lere re feel that as an R1 you rill take a look at xhat re are askinq put a stauctu.e up, re could have that dock for and as I and ve couldstate d before frD) It . ,t Counc i I l{ee t i ng, April 2I, 1986 Councilronen llatson seconded. The folloring and Srenson, Councilmen Horn and Geving. llo Ste ven Burke:llay I ask you voted in favor to deny: llayor Haoilton, Councj.lyoten llatson negati ve votes. tlotion carried. -4- have the boats stored overnight' fe think the neighborhood rould prefer not to have us build a housedorn there or have any house on that lot, but have a Lot that is a Recreational geachlot being used byneighbors, not people ray out. Itrs not Iike a Lotus Lake rith lots and lots of people. te have trelve and te are a little bit sho.t- lle knot le are. lle are asking for the variances to allox that and rethink re knoe *e are rilling to fa11 under the Recreational Beachlot ordinance and all of the rest.ivtiveguidelines that go rith that if you ril.l let us become a Recreational Eeachlot nith that one dock andrith only four boats, re rill deternine hor re rhich four boats go out there. Ie looked at a lot that has a right to have a dock and five boats and rith a house, and re are rilling to give up the house, theability to launch across the property, park on the prope.ty, etc. If you riti t"ave us the .ight to havethat dock and four boats and re rill then fall under the Recreational Eeach]ot 0rdinance. Ihank you. t Ton Harnilton: Councilnen have any questions? Counc i Lran Geving: Has your homeorners association ever been assessed for a serer? have.Ste ven Burke: Yes, re Councilnan Gevinq: You are paying for that nor? Steven Eurke Yes, te are. Councilrnan Horn: I rould nove denial of the Sunnyslope Conditional tjse perntit and Variance request. Councilronan llatson seconded. Roger Knutson:Eased upon your discussion on the packet laterials. office rith their findings based on discussions before P I annerr s repor t. noti on IrouId be to direct the Ci ty Attorneyrs and the Board of Adjustment Appeals as in the Councilnan Horn:I amend ray rotion to include specific findings for denial The y0u and the Board of Adjustnent don't find basis for denial, findings? Roqer l( nutson: nry findings at agreeIent, ok. said the recomarendation ras for denial basedAppeals. I guess that nry question that then at this point, has the decision been nade or upon findings before this group if you take a look at it if you is the decision oade on your rill revi er are not in ToD Hani I ton i Does that clarify it for you? The decision is not made by the next neeting and if they next iteit l,e. agree Ihe decision is nade by the Council and theyrith rny findings, re rill stop then, if they Steven Eurke: ye s. Ior Hani I ton: Ihe on the agenda is no,26444, Rotary the bill dated April Clark Horn: Page ll, check Oon Ashrorth: yes. Club rnernbership for Clark Horn: 1s this a nandato.y requirerent of his position? Iorn tlani I ton : i/o 21, i986. Jilll Castleberry. the Chaska Rotary. They have several a suggestion by me thatcity officials rho are Jin join and has attended several neetings of nenbers of that cl.ub and I felt it rould be a nerber of the Rota.y, to have input frol itrs not. It eas very advantageous for Jil or soteone else on ou. staff to be ! t_ dq? itqns listed rere inplications for the city of Ganhassen. she stated that theCity tould rped to establish a recl,cling progr.un, ontinued operation of yard waste progEams, cooperation and Snrticipation with the 6unty and lmking atinplarentation of all these solid $,aste strategies as rrerl as participating inlesearch for resource recovery facilities, p:blic education on reclrclLng, baclqrard orqnsting, paper reduction and evern an office recycling progrirn for Chanhassen City Offices. She stated that the planning Oepartnre_n[ is toestabrish a solid waste advisory crmittee to assist tie ouncil in inpranentingscne of the gognams. She roted that a target date of l9g7 for a drop<ffreeycling celter is anticipa.ted, vrith a curb side orrecEion progr.un iry rsso. Mike Lien stated that tbe 6unty is very serious about the wtrore sorid r.rasteaffair and 95t of his ]rb is soritl liaste abatsrEnt. IE presented the draft anddrrented that. he has been attending Guncil reetings arourrl the 6unty. IIestated tiat there is always a reed for a drop off recycling center and slronglyre€mrsnded tne Citlz trrrrsue the issue. l€yor lErnilton stated tiat he rould rike to see a dltrrittee fomed frcrn the Gnmber of Gmlerce, h,rsiness ormrnity, etc. and reaJ.ly invesLigate the lroSraryrs. IF a].so suggested advertising for \Dlurteers to help seek loca1financing in eddi tion to the state funding. tilr action was taken. Chanhassen City 6unci1 l,tinutes - !4ay 5, IggG -10- g]NNY SOPE I:rMEOhINER I S ASSOCIATIOII , STEVEN BURKE: a. reqrEst for Gnditional Use rermit for Recreational Beachlotb. Varianoe @rEst to Recreational- Beachlot Requirqrents Mayor Hallilton: It the Council neeti ng on epril 27, 1986, the Council rDved to Steyen Brrke: ltren we mde our application for the recreational beachlot. t- L deny the reqrEst based on the findings of the City Attorney wtrich was based onoments trEde by t}te City 6unci1. I€ have such findi.ngs of facts presented tous. I think if the Cor:ncilngnbers have any qlEstions about this, we can dothat. ltlat !€ can do, our action for tl1is evening, is approve of the applicant'sreqlEst for @nditionaL r.rse for recreationaL F€achlot with five onditions. There is also a riariance to &al w'ith and I suggest that this be denied. fr1, t I just have tlree qestions. IE the &uncil eEle to approve and nEke ttEt arecreational beachlot tonigrht, at this point, it is our intention toto file for a hrilding permit application rariance to do that, btt if ! e allowthat it be nade a recreational heachlot and until such tine as r.re apply for that rariance in order to hrild a structure &rvn there, wilf h, allol'dng it to be nade a recreationa,L l.eachlot, have any bearing or affect on our application, at such tinre as r,re rake it to have tf)e structure hlilt? If it does, we & rEt r.,antit ciranged to be desigrnated a recreatiornl beachlot. So tiat vpuld be my firstqtEstion. If itrs going to nake nc difference on the application at t*ratever tinre r.re file an application, then !€ rouLd 1et it becqre a recreational beach- 1ot because I tnink r{tlat ue can & t}ren, wtrich I belive we cnrt do rnw, is pr:t 14> t}Ie canoe racks. trIe other qrestion is as a yacant R-l J.ot, wfrat can happen r4)on a \racant R-l lot in tltis city? Is it better for us to just lea\re it \zrcant? those are the b^ro qrEstions I have. I lcro$, vJttat recreaCional beachlots can & because it is detailed in your beachlot ordinance. Gn r4re have a house? 'i3 t City 6unci1 l'linutes - lhy 5, 1986 -lL- Can 1.'E store a boat trailer &wn tiere? 6u1d r,'e [x-rt a storage building ibwn there? titsr,r, when ue say we are talking rarithi.n the entire ormrrlity on all otr ocn lots rrltil a house is brilt, can a tErson store firq,rcod or store a boat traj.ler, or rrDre inportantly for use lve have tlat &ck that we're talking about rpw. 6n lte leave that there without being in violation of sore ordinance? Roger Knutson: ff you Inrt l4) a boat shed, or wtrat have )ou, it can only go in as an acc€ssory use, rDt as a principle use. Ib be a principle use ],ou have toprt a tnuse on it. Steven BJrke: Itrat you are saying then is that all lots in the Ci ty, regaraless of just orned ty ho(Eo!{ners, a house has to be there before boats cn be stored, before storage sheds can 9o on. gecif icalIy, the qtestion I need to find outis if re leave it just a \acart lot, l'E presently have the &ck on the properqr. Are v€ going to be cited in being in yiolation of that that orainarce? Itoger Itrutson: Just sitting dr the land? At, scnE point, the City has to rske a &cision as to whether violations are occurring. In ry pint of via'r, if sclrEone bas sore minor things on an gl[)ty lot, it probably rrDn I t octrE to anyoners attention. tibthing iUegal is &ne, r'e bave a limited hralget to rEke sure rD one &esn I t bave anything sitting anlplace. As far as r*rether that ibck that is rnt. being used sitting on a Iot, I guess I rDuld probably say it is a technicrr violation. Steven B]Ike: Irm Grtain that because itrs gone this far, we rnay barre scre frcrn the neighbors ot either sicle l*ro rrEry si€ry r "You'\E been tolal you€nrt put a dock out. ltry are they being al-lowed to leave this structuretlere?" And, if tlnt I s going to be in violation of the ordinance, if re trDve it across the street onto one of the lots that arenrt on the lake that isn't hrilt on yet, verre stiII in violation of the ordinance. the only thing it seemE r,,e can & is npve it across onto a brilt 1ot and so lrhat & r,le do with the thing? Roger Ihutson: In ntrr ovn mind, a lot of those tiings probably rcuLd be fourd to be and that rould be a trxosecution. Steven Burke: I guess that answers t}le seond qlesLion, hlt I need to @rE backto tlre first qrestion and that is if rae al1ow it to beccne a resreational beachlot at this LinE, if at anl.Ejre in t}le future be it a week or t$o years frcrn rol, r{E cnrne forroard and say tiat rde arre rEt{ nnking application for variance to btild tlat structure dottm tlere, is it ping to be affecteat bfallowing it. to be dranged to a recreational L-actrlot? Knutson Ote of the things that you might rery *e11 consider is that oneof the s for rrariance is rp other uses for tfie prolErty u'ithout thetiarlance.Ocnceiwably, if you already had a recreationaL beactrlot approved and runD.ng,that g{ves you the use of your property. Steven B.rrke: that being the case, it appears to us tha! r.re strould leave itsrnce tue & intend on b:ilding as a \Ecant R-I 1ot and it appears that re ouldtheoretic-lly leave the dock &,/n ttrere until such tire thaC r."e rrere cited andat that Linre r,,e r,ouId have to rDve it to sorE place tlnt it rrculd rot get citedor sell it. L L Chanhassen City ouncil ttinutes - I4ay 5, 1996 -t2- If I an hearing you right, you wish to withdraw your application? +evPn BEke:. Yes, ',E do. I.Ie will leave it. as it ",dsts today. Gn I ask onefurthe: qrEstion? rhe adjcining property <*rners have orplained tltat r*e havertct had suffi-cient securily do,m there to prevent people iran launctrinq. !€have p-rt in a oupre of fenceposts. rt is nv beli& tiat. rre are rDt ii .,riota- tion of an ordinance as an R-l lot crrner to fencre cn]r prolErty for the securityand s"fety of the reighborhood. t- &)ger lclutson: ltnt. should nct be in violation. Steven B-Eke:hts lould then forrnally like to with&aw the application. SKUIUI PT,AN RHITEW FDR 126 SNGLE FAI14ILY IOTTS GIANHA.SSEN VISTA S-I'BDTVISIGI EAST OF KRBM, MJI,E\TARD,EI{IERPRISE PROPERTIES, INC. l,hyor llanilton.of t}te onrents oper rrcu1d have the rajor issues lE asked staff to sre back this everring and give us a qrropsisthat, had been rade at the previous Ouncil ueeting so tfre Aevef_a clearer idea of rdhat the Ouncil.s position rras qr scnre ofdealing r,rith tJ:is subdivision. ouncilran llcrn:I think Barbara prettl' r€11 overed the issue ard I thinkthere are st I 11 a fan decisions to be rtade. I{e strould rDte tJEt ur.unber 5 isstiu prrely a staff reounreadation.I &nrt believe the Oouncil has givenclear direction to tie developer. l,hyor l{amilton: I atn rDt sure if r.e rped to at tiis tinesketch plan reviee, rle are nerely trying to point out the oern to us and then it is rp to the developer to go backthose into his plan or to leave thsn out. An I @rrect ? . lften you have a areas of greatest @n- and either incortrnrate L PILT!e_EE+- Yes, the sketch plan revie*v is er<act1y tlat. Regarding theFrontier lfail @nnection and the Saratoga @nnectio; to Kerber-Etvd.; Iberieve tltat the applicant has stated ttrit trreL rrculd be anenable to eitherreomendation of tre 6unci1 - either to @nnecE it. or cur-de-sac it. Ilrrever,staff rgmins firm on itrs reccnnrendation that tiese @nnections be rade andthus the rerson r4e incllded the ngnc frcrn the Eub1ic s^fety Director. IheEtgineer has prepared scme additional infonnation regardirrg traffic pa.tterns,etc. _lE lrou rmnt to o<plore each of these issues in further detail, Ure appii-cant is here. lhvor llamiltln: Itnt's fine. I guess it ras my feeling that we did rot havethis qr the agenda to erelore anything further other than to neke ertain tlrat,the qrrlEnts trat rEre nade on tris issue at the last ouncil neeting r.as beingrepresented in your neno. I &n't r,,ant to look at a nan plan. t feel ne strouldjr:st pa.ss on our @nrrEnts and at that point it goes bacl< lo tJ:e ehruringGmission and its rp to tlle developer at that point if thetr tant to in&rporate any of these ideas r*e rre had. rhe pranning Gmission rrirr then nake a recur-mendation to us as to trow tiql see it aIll then proceed. trat's tsvr r see thisparticuJ.ar issue. bn Asttr.rorth: It is a skefic action. ttre itsns in and you nay wish to add or tch plan and t}re City &uncil reed rDt take any speci- |front of you represert t}te statenEnts you nade before tsdalete to tiose. l- ,la.L R@er Knutson: Associo,tion Surrny S I r-'pe Hc,roer-,wrrers Fssr-,c i at i c,n ( SSHA ) hereb17 rnakes ap- pl icatic,rr tc, the City c,f Chanhaseerr fc,r a Cclrrditic.rral Use F,ermit arrd Va}.iance tC. perrnit the fc,l lBwinq i rr prc,vernerrt s ta Lc,t 37 Shc,re Acres : - tc, desigrrate thig prc,perty as a recreaticnal lc,t fc,r' Sunny Slc.pe Hc.rrrecwrrers Ass,rciat ic,n. beach - tc, al lgta the irrstallatic.rr c.f c.rrer dc,ek adjacerrt tc, the lc,t c.f such si ze ar,d shape as tq cc.nforrn tG the require- merrts c,f the recreatic,rral beach lc,t c,}^dirlerrce' in the that regard. - tc, cc.r,st rtret twc, (?) carrc,e six (6) ca.nces r,n each r.ack. rack=, capable c,f stc.ri ng side lc,t fenc:ing c.r, the prc,Eerty privacy. - tc. larrdscape the rc.l^th side c.f the prc.perty tc, bring the c(]r,tc.up c.f the lc,t irr I irre with that of the irn- rnediate r'eighbors tc, rnirrirrri=e sc,i I erc.sic,n irrtc, the I ake. While Lat 37 Shc,re Acre= is snbstarrdard irr size, it repre-sents a bui ldable lc,t with the r-iparian right ta instal l c,r'e dc.ckand stc.re three {3) boatg c,ver-rri qht c,rr that dc.ck. SSHA, theC.wfier c.f that lc,t, is requestirrg that the Lc.t be desiqnated arecreatic.rral beach lc,t fc.r the as=c.eiatiorr as lc,ng as theriparian riqht tc. ir'stal I a dC.Ck ar,d keep bc,ats cverrright is r,otlc,st c.r dirnirrished in arry way. This lc.t serves the tiaelve (lp) farni I ies c.f SSHA ar,d its =Ofeet of shoreline is cc,r,sisterrt with the regulatic,n pertaining tc,lirreal feet per^ hc.r.rsehc,ld served- The lc.ts ta be served alsc.,rreet the prc.xi,nity r.equir.eroerts fcr a necreat ic,nal beach lc,t. A vat^iar,ce is reqLiested fc.r the irrstBl latic.r, crf the dc.ck andc,ve}'night Etc.l-age c,f rrp to thr-ee (E) bc.ats sirrce rreitheF c.f theirnrnediate adjacerrt prc.perties are fc,r sale or are I ikely t r_, ber'lai'ket ed in the fc,reseeable futxre. There is alsc. rrc, vdcarrtPrc,Perty available y,hich wc,(ld Ineet the cityts requirernents f(:Ji- arecreat ic.rral beach lr-rt 6i16 a dc'ek arrd bc.ats withc,ut a variarrce- SSHA therefc.re makes this appl icatic,r' befc.re the City c,f Chanhas_set1 arrd respectfully r^equests that the Conditiorral Use F,errait andthe Variarrce be grarrted as appl ied fc.r. w1 - tc, irrsta.l l frc,nt to provide EecuF i t y ai1d and Slope - tc, allc,w the c.verrright stc.rage c,f Lrp tC. three (3) bc,ats {]verrright c,n that dc,ck. \ /.are Trte/ &rru+ I //c' t *"J-e lJa lE R/tEl B Lvb Tft teu* 9Aa19 /or 37 J,+oee ,4e<es .{orrY -{toe r4u'eo-''e'<s zksocnno'J l* ChRYER COUNTY ABSTRACT AND TITLE CO., INC. CARVER COUNTY ABSTRACI & TITLE e+ P.O. BOX 106, 121 WEST ilTH STREET, CHASKA, MINN. 553'18 (612) 44&5570 Dale B. Kutter David E. Moonen March 8, 1988 Sunny Slope Home Owners Assrn c/o Steve Burke 340 Deerfoot Trail Chaska, MN 55318 According to the 1988 Tax Books in the Carver County Treasurers Office the following persons are listed as owners of the property rrhich lles vrithin 350 feet of the following descrlbed property: Lot Thirty-seven (37), shore Acres, carver county, Minnesota. 1 Daniel & Adele Colich 9217 Lake Riley Blvd ' Chaska, MN 55 318 Dennis R. & Ann Baker 9279 Lake R1ley B1vd. Chaska, MN 55 318 Eunice Elizabeth Kottke 4441 Washburn Ave. S. Minneapolis, MN 55410 Alan & Karen Dirks 331 Deerfoot Trail Chaska, MN 55318 George & F. Marian Derritt 312 7 4rh sr. sE Minneapolis, MN 55414 6 Ronald Ytzen 9227 Lake Riley Blvd. Chaska, MN 55 318 I'rederick Potthoff III & Judirh c. Porthoff 9231 Lake Rlley Blvd. Chanhassen, MN 55317 John W. Ardoyno 14150 Guthrte Ave. Apple ValLey, MN 55124 Paul Kent olson 4735 Lakeway Terr. Excelsior, MN 55331 Sunny Slope Ilomeowners Assn. c/o Steve Burke 340 Deerfoot Trail Chaska, MN 55318 12 8 9 3 4 5 10. ,. ll.Joy r\. Tanne r 9243 Riley Blvd. Chaska, IIN 551l8 LucilLe Louise Remus 9245 Riley Lake Blvd. Chaska, llN 55 318 Secretary of Housing & Urban Development 220 So. 2nd St. Hinneapolis, l.tN 55401 Vince A. Beacom 300 Deerfoot Trail Chaska, MN 55318 Michael R. & Jody L. Schepers 320 Deerfoot Trail Chaska, MN 55 318 Steven F. Burke 340 Deerfoor Trail Chaska, I'tll 55318 Richard L. & Linda C. Nelson 350 Deerfoot Trail Chanhassen, IIN 55 317 Kevin M. & Linda Sharkey 380 Deerfoor TraiL Chaska, MN 553 t8 Doug,las & Katherine Aamold 400 Deerfoot Trail Chanhassen, llN 551t 7 20. ?t. 23. 24. 25. 26. 27. t4- 12. 13. 15. t6. t7. 18. 19. Richard 6 Ji11 }tadore 381 Deerfoot Trail Chaska, IN 55 318 Ernest 6 tlary Bundgaard aka Allen Cray Pequot Lakes, MN 564 71 Ken E Kathy Wolter 341 Deerfoot Trail Chanhassen, MN 55317 Jaoes Henderson 7108 2nd Ave. So. Rlchfield, MN 554 23 Dale 6 Diane Kutter 301 Deerfoot Trail Chaska, MN 553 f8 Donald 6 Kathryn Si t ter 9249 Lake Riley B1vd. Chaska, !,lN 55318 Robert & Doris Rogers 4917 Dlane Drive Minnetonka, UN 5534 3 Peter PeDrick, Jr. 9251 Klor^ra Trail Chanhassen, MN 55317 LLC Carver CounCy Abs tracE & LRP : nls -'[his comPany does not assune any liability for rhe accuracy of rhis report. it le Co.,Inc. LAND DEYELOPITEN? APPLICATION CITY OF CEANEASSEN 690 Coulter Drive Chanhassen, MN 55317(612) 937-1900 1pptr1641,11 ; 5reu;8,.,(rc OWNER :5,ttw/ 3i-.ft lbn cct eRs k,n ADDRESS 3{O Deearur -fR ADDRESS c/o S, $02ke, 3to llappoT- c ,53i(O,i,rc*;'s3/3 1p Code 41.76'y' TEI,EPHONE ?t/ /-7 ts',/ Planned Unit Development _ Sketch Plan _ Preliminary plan Fina1 PIan Subdi vi sion _ Platting _ Metes and Bounds Street/Easement vacat ion Wetlands permit. q Z rp Code Zoning District Change Zoning Appeal Zoning Variance Zoning Text Amendment Iand Use Plan Amendment Conditional Use permit Site Plan Review PROJECT NAME PelrDD^,oL Dar,,+ ,.'-Fl,* Suro /arrrAs 4,q PRESENT rAND usE PLAN DESTGNATToN l'tun..- /*n,t REQUESTED LAND USE PLAN DESTGNATION PA 1ar:, /ktrt+nDi PRESENT ZONING Ri REQUESTED ZONING R i USES PROPOSED B.rtrt /:\ eoitp'SIZE OF PROPERTY rrcArroN br 37 L'frxBa REASONS FOR THIS REQUEST TD F'LLy UnLt l.ryr s't {*oe. AcBvsLEGAL DESCRIPTION (Attach lega1 if necessary) TEf,EPHONE (Daytime ) REOIJEST: V l,tAR i ,t i,Q3B CITY OF CHANhASSEN ' f Chanhassen eveloprnent Application FILING INS TR,U CT TONS : FILING LI-I(T TF TCAT ION : Signed By Appl can t Signed By Dat e 8 Date 3 f,v cir Lan Pag yo dDe2 This application must be completed in fuII and be typewriLten orcrearly printed and must U. i."o^p.ni"i-oy aII information and F:rii: !!ii'i3,ir":ii:i:]i! ;iii,$:im::"_rfi;i:$,,"rk:.Ii,ii:ff H':"'|:":nff;ll:":i:i:;;;; ;;;'p."".a,.ir -'Iiui, li;n." ?he undersigned hereby_certifies. that the applicant has been:::::li;;: to make cnis appric"ri"i-i"i...he property herein 7V€;es.tR(x F ee Owner Date Application Application pee City Receipt No. Recei ved Paid 1q-tr- \..-0 ta\ ons idered ppeaLs at by the thei r This -Application wiIIEoard of Ad j us cmen tsmeeLing b an dA Planning Commission,/ ifu ':i.i:':r.ii'i::,i:il'$:";'::";*.i"t*;i::^$;:"Lce*i ries CITY OF EHANIIISSTI[ STAFF REPORT ), P.C. DATE: April 6, 1988 C.C. DATE: April 25, 1988 pASE NO: 79-2 PoD/88-2 wAp ItPrepared by: O1sen/v Fz () =(LL 1. Subdivide 321 Acres into 34 Single the Near Mountain Subdivision - Northto Pleasant View Road, approximately l 101 LOCATION: 2 Family Lots Create Lundg ren 935 East Wayzata, Receive a I{etLand Alteration permit a Pond within a Class B litetland Extension of and adjacent West of Hr^ry. Brothers Construction Wayzata B1vd.MN 55391 PRESENT ZONING:PUD-R, Planned Unit Development RSF, Residential Single Family 321 acres (Net-23 acres) I . 5 uni ts,/acre ( net ) ACREAGE: DENSITY: ADJACENT AND LAND ZONI NG USE:N- S- E- ht- PUD-R; Near Mountain RSP; single fami Iy PUD-R; Near Mountain RSF; single fami Iy Available to the site. -.,-1.- 6-8tr - ;;fr ara WATER AND SEWER: PEYSICAL CEARAC. : 2OOO LAND USE PLAN: ?he site contains a large Class B wetland and wooded areas. Residential Low Densi ty E t!Fa PROPOSAL: APPLTCANT: oo @ ooo I THA oor) I Cor, I ooF I I ooID I o oool oo CAR L ?neV. Qu^\ r V gi1r*e D-R N N COUNTY T IT'LINEqRCLE CASTLTcasctoE 7 aoERIOGE COI.JRT ORO.E sEasra crRcLE WEST SH SIA CINCLE EAST O LYIPrc C!iCLC 630CW**n 6400 a f(,X HOLLOU oSrvE RSF - 6500 680C 590C 7000 --7lOO -72OO_ 730r JLA d ocP d - R R12 oo ' R1L R12 o 8(r! oo _, P!€ O:rCaiT couRr colr8l &UFF I >) PTIAlL COURT J \ \ I 0 - L\ UD-R -l RD L OTUS I i' LAXE -Fi-.--.EIta -rgaf,. '- I a a ',.Fi oo!t ) I -670O- 7400 I a a?I 1 i I ot T- Trappe r sApril 6, Page 2 Pass I988 Section 20-615 of the RSF District requires a15,000 square feet, a minimum lot frontage ofdepth of 125 feet (Attachment fI). APPLICABLE REGULA?IONS REFERRAL AGENCIES City EngineerBuilding DepartmentPublic Safety Park and Recreation Commission ANALYS I S Preliminary Plat The gross acreage of the site(minus streets and wetland) isunits per acre. minimum lot area of90 feet and a 1ot of 15,000foot setbacka wetLand Section 20-409 (l & 2) requires a minimum lot areasquare feet for lots adjacent to a wetland and a 75for struct.ures from the ordinary high r4rater mark of ( At.t.achment #2 ) . Attachmen t At tachment At tachmen t At tachment #3 *4 #s #5 The applicant is proposing to subdivide 321 acres of propertyinto 34 single family 1ots. The property is an exten;io; of EheNear Mountain and Trappers pass subdivision. page 4 of the plansshows the property being added to the Near Mount,iin pUD. Themajority of the subject property is zoned RSF, and a sma1l numberof lots are zoned PUD-R. The pUD lots are proposed to bereplatted to be consi.stent with the area to the south. Becausethere are no changes in the number of lots in t'he existing pUDarea and bcause a majority of land area is zoned RSF, and outsideof the original pUD irea, this application has been procesi"a ."a preliminary plat. A1I lots meet the RSF requiremeirts. Lot Layout IS 23 32.5 acres and the net acreageacres. The net density is 1.5 The lots are located along two roads extended f rorn existing NearMountain roads, Trappers pass and Oxbow Bend. The plat is alsoproviding a secondary access to pleasant View Road from the sub-division, Timberhill Road. The subdivision provides futureextension to Outlot D at the end of Trappers pass which has beendesignated as HiEh Density as part of the pUD approval in 1980.The Fire Inspector recommends that Trappers pass where it endsnext to Outlot D should be provided with a temporary cul-de-sac. Due to tshe steep slope at the end of Trappers pass, the temporarycul-de-sac would have to have a retaining watl installed. As acompromise, staff has agreed to recommend barriers across the endextension of Trappers Pass to prevent cars entering the dead endand not being able to turn around (Attachment f7). Trappe r sApril 6, Page 3 Pass 1988 Lots 15 and development. 16 abuts a I by a drivewa Avenue. Lot Block 4 are separated from the Near Mountain ot 15 will be serviced by Indian HiIl Road. Lot oot unimproved right.-of-way and will be serviced t lhe corner of Indian Hill Road and Va1halla through 9, Block 4 abut a Class B r.retland and Streets,Utilities, and Grading and Drainage 15, L5fyas1 contain the minimum requirement of 15,000 square feel of lot area and provide adequate area beyond the 75 foot wetland setback for the loca+-ion of the single family resitlence. LoE 2. Bl-ock 4 has buildable area for a single family residence but is somewhat restricted by the wetland setback. The developer must understand that the proposed residence and any additions (porches) must maintain a 75 foot setback from the netland. LoE 2, Block 3 will have similar restraints due to the proposed holding pond on the Iot (Page 2 and 3 of plans). Portions of lhe proposed site are heavily vegetated. To prevent clearcutting of the site staff recomnends thats a Eree removal plan be provided a! the time of building permit application for Lots I-5, Block I, Lots I-1I, Block 2, Lot l, Block 3 and Lots 7-I4, Block 4. In the attached memo, the City Engineer reviews streets, utilities, and grading and drainage of the the p roposeCsite. along Trappers fees accepted Park and Recreation Commission The Park and Recreation Commission reviewed the preliminary plat on March 22, L988. The Commission recommended thaE the applicant construct off street trails along Trappers Pass, Oxbow Bend and Timberhill Road. Park dedication fees will be required and trail dedicaEion fees will be waived (.Attachment #6). RECOMMENDAT I ON The proposed plat meets all of the requirements for an RSF District. Planning staff recommends the Planning Commission adopt the following motion: nThe Planning Commission recommends approval of Subdivision *79-2 for 34 single family lots as shown on the plan stamped "Received March 14, 1988", and subject to the following conditions: I A tree removal plan shall be provided at the time of building permit application for Lots I-5, Block 1, Lots I-1I, Block 2, LoE 1, Block 3, and Lotss 7-14, Block 4. 2 The applicant shall construct off street tsrai1s Plass, Oxbow Bend and Timberhill Road with park and trail fees waived. 3- Compriance wiEh the cooditions of the wetrand alteration permit. Trappe r sApril 6, Page 4 Pass 1983 The developer shalI enter into a development contract withthe City and provide the necessary financial sureties toguarantee t,he proper installation of these improvements. The ileveloper shalI obtain and comply with all conditions ofthe Watershed District permit anal the permit from the Department of Natural Resources. AIl erosion control measures sha1l be in place prior to theinitiation of any grading, and once in place shall remain inplace throughout the duration of construction. All of theerosion control measures shal,l remain intact until anestablished vegetative cover has been produced, at which timeremoval shal1 be the responsiblity of the developer. Vlood-fiber blankets or equivalent shaII be utilized to stabi-lize slopes greater than 3:1. A11 street. and utility improvements sba11 conform to theCityrs sEandards for urban construction. 3 5 7 The applicant shall submit for approval by thedetails for the construction of the barricadeof Trappers Pass between Lot 1of B1ock l andwith the plans and specifications. City Engineer on the dead endLot 14 of B1oc.k 4 I 9 Type II erosion control shall be placed on the upstream sideof the Class B wetland along the rear of Lots I lhrough 9 ofBlock 4. The City,s standard det.ail for the installaLion ofType II erosion control ( staked bales and snolv fence) shallbe placed on the grading plan. Details for the construction of the proposed retaining wa1J.along both sides of Trappers Pass dead end sha11 be submittedas a part of the plans and specifications review forapproval by the City Engineer. 10. Lots 15 and 16 of Block 4, as depicted on sheet no. 1of theplan set dated February 18, 1988, sha11 be revised t.o show thecorrect property boundaries. I1. The driveway for Lot 15, Block 4that it forms a "T" intersection Avenue. shaIl be constructed such!,rith ValhaIIa and I roquois 12. The plans and specifications shall show a drainage swale tshe common 1ot line of Lots l and 2 of Block 4 whichwill serve as an emergency overflow swale for the pondingsite of LoE 2, Block 3. 13. All appropriate side, front and drainage and utility easements along the rear of the lots in addition to all a long ') 4 6. Tra ppe r sApril 6, Page 5 Pas s 1988 appropriate drainage and utility and storm sewer facilities shall easements for ponding be shown on the final siEesplat. 14. All private drives shall access internaldivision. No drivehrays shall be allowed View Road. streets to the sub-to access Pleasant 15. The outlet configuration shal1 be further reviewed at thetime of plans and specifications submittal and design adjust- ments made accordingly, if necessary, to facilitate proper conveyance of storm$rater und.er Pleasant vie{,{ Road. WETLAND ALTERATION PERI,IIT The applicant is requesting a wet.land alteration permit to construct a holding pond within a Class B \.eetland- The wetland Iocated in the southerly portion of the site is a Class B wetland vrith approximately 4.9 acres of wetland within the proposed site. The applicant has provided data on the $retland and the proposed alteration to the wetland (Attachment #8). The applicant is proposing to construct a holding pond within the wetland area. The holding pond is required co maintain the predevelopment rate of storm$rater runoff on site. The applicant is also providing Ewo other ponding areas which will collect stormwater prior to it entering lhe wet.land. As stat.ed in the informational sheets provided by the applicant, the pond will be developed to the six standards of Ehe Fish and wildlife Service. Staff visited the siEe with Dr. Rockwell (in 1987) and recently with Jim Leach from the Wildlife Service and it was determined that the C1ass B 'relland was in marginal condition and that the construction of a pond vrithin a smal1 portion of the wetland lvouId not be detrimental to the wetland. It was also pointed out by Dr. RockwelI that increased drainage of the wetland through the outlet under Pleasant View Road would not be advised. The applicant is not proposing Eo change the elevation of the existing outlet and therefore the wetland will not be further drained. The edge of the wetland is at the 914 contour shown on page 3 of the plans and the low area of the hretland is at the 912 elevation. The 1ow elevation of the proposed pond is at the 908 elevation. The invert of the outlet to permit drainage from the wetland is at the 913 contour. Therefore, the pond will promote standing r.rater in tshe wetland. The proposed lots along the Class B wetland meet the minimum requirement of 15,000 square feet of Iot area and are providing the 75 feet for the wetland setback. Staff is recommending that the proposed erosion control around the wetland include Lots 7 and 8, Block 4 to completely protect Ehe wetland during construc- tion of tshe site- Trappe r sApril 6, Page 6 Pass 1988 RECOMMENDAT ION The proposed development within 200 feet of the wetland will notdirectly impact the .detland through construction. The wetlandwiII be protected by erosion control and no construction will bepermitted beyond the erosion control fence into the $retLand. Theproposed pond within the Class B r/retland will increase theholding capacity and standing water within tshe wetland which isbeneficial to the wetland. The pond will be constructed to thesix conditions of the Fish and Wildlife Service. Planning staff recommends thefollowing motion: Planning Commission adopt the "The Planning Commission recommends approval of I{etlandAlteration Permit #88-5 to permit development within 200 feet ofthe Class B hretland and to per;nit a holding pond to beconstructed within the Class B wetland lrith the followingconditions: The holding ponds must meetestablished by the Fish and a the following six conditionsWiIdIife Service: The basin will have free form (no even-sided)increase shoreline length and provide isolatedfeeding and resting birds. shape to areas for b The basi.o !vi11 have shallordI0:1 - 20:I for at least 30tencourage growth of emergentfood for wiIdIife. embankments with slopes ofof the shoreline tovegetation as refuge and C The basin will have uneven, rolling bottom contour forvariable water depth to (a) provide foraging areas forspecies of wildlife feeding in shallow water (0.5 - 3.0feet) and (b) encourage grovrth of emergent vegetation inareas of shallow water and thereby increase interspersionof open iiater with emergent vegetation. The basin will have a layer of Eopsoil (muck from anexisting wetland bej.ng fil1ed) on bottom of basin to pro-vide a suitable substrate for aquatic vegetation. e f The basin willpipe, etc. ) tothe wetland. have water leve1 control (culverts, riserminimize disturbances of wildlife using The basin will have fringe of shrubs on uplandsurrounding the basin to minimize disturbances ofwildlife using Ehe wetland. I d. Trappe r sApril 5, Page 7 Pas s 1988 Upon submission of plans and specifications for construction of the pond within the Class B wetland, the applicant shallprovide details on area of construction for the pond irit.hin the vretl-and and how the remaining wetland will be preserved. The erosion control fence sha11 be continued across LoCs 7 and 8, Block 4 to completely protect the rretland from any construction activity. All structures adjacent to the wetland (Lots 1-9, Block 4) must meet the 75 fooE setback from the edge of the wetland. The developer shall provide deed restrictions prohibiting alteration of the wetland area on Lots I tshrough 9, Bl-ock 4, beyond the 914 elevation. ATTAC HMENTS 2 3 5 4 I. 2. 3. 4. 5. 6. 7. 8. o l-0 Section 20-615 of Cit Section 20-409 of Cit Memo from Asst. City Memo f rorn Building De ode . ode.ineer dated tment dated March 3I, 1988. March 28, 19B8. 30, 1988. 31, 1988. yCyc Eng Par Memo from Fire Inspector dated March Park and Recreation Commission March Location of Trappers Pass Barrier. Wetland data AppI ica E ion PreJ.iminary plat stamped "Received March 14, 1988". ZONING $ 20.631 Sec. 2G614. Conditional uses. The following are conditional uses in an .,RSF,, District: (l) Churches. (2) Private stables, subject to provisions of chapter S, article ltr. (3) Recreational beach lots. (4) Commercial stable with a minimum lot size of frve (5) acres.(Ord. No. 80, Art. V, $ 5(b-S4), 12-15-86) State law reference-Conditional uses, M.S. $ 462.8595. Sec. 20{f 5. Lot requiredents aad setbacks. The following minimum requirements shan be observed in an .,RSF,' District subject toadditional requirements, exceptions and modifications set forth in this chapter: (1) the minimum lot area is fiIteen thousald G5,000) square feet. (2) The minimum lot frontage is ninety (g0) feet, except that lots fronting on a cul-de_sacshall be ninety (90) feet in width at the building s;tback line. (3) The minimum lot depth is one hundred ffty (150) feet. (4) T'rre maximum 10t coverage for all structures and paved surfaces is twenty-rive (25)percent. (5) The setbacks are as follows: a. For front yards, thirty (30) feet.b. For rear yards, thirry (AO) feet. c. For side yards. t€n 00) feet- (6) The maximum height is as follows: a. For the principal structure, three (3) stor.ies/forty (40) feet.b. For accessory structures, three (3) storieVforty (40) feet.(Ord. No. 80, Art. V, $ 5(b-S-E), 12-15-86) Secs. 2GGl6-20-630. Rcserved. ( ARTICLE XIII.'R4" MIXED II)W DENSITY RESIDENTIAL DISTRICT Sec. 2G6€ll. Intent. The intent of the "R-4" District is to provide for single-family and attached residentiardevelopment at a maximum net density of four (4) dwellirig units per acre.(Ord. No. 80, Art. V, $ 6(5-6-1), 12-tS-86) 1209 HI \- $ 20-40?CHANHASSEN CITY CODE (4) Sedimentation basins for construction projects. (5) Open storage. (6) Animat feedlo*. (7) Ihe planting of any species of the genus Zyflrrzra (8) Operation of motorized cralt of all sizes and classi{ications.(Ord. No. 80, Art. V, g 24(5-24-E), r2-1bA6) Sec. 2&408. Prohibited uses in class B wedands. The following uses are prohibited in class B vretlands: (1) Disposal of waste material incruding, but not limited to, sewage, demolition debris,hazardow and toxic substances, and all waste that wourd norma,y be disposed of at asolid waste disposal site or into a sewage disposal system or sanitar5r sewer. (2) solid wast€ disposar sites, srudge ash fispo.sal sites, hazardous waste transfer ordisposal sites. (3) Animal feedlots. _ -(4) The planting of any species of the genus Zyllrrzrz(Ord. No. 80, Art. V, g 24\5-24$), r2-rb€6) Sec. 2G409. Gleneral development regulatiotrs. within wetland areas and for rands abutting or adjacent to a horizontal distance of twohundred (200) feet, the following minimum provisions are applicable: (1) The minimum lot area is frllteen thousand (15,000) square feet. (2) Ttre minimum structure setback is seventy-five (75) feet from the ordinar5r high watermark. ,r, *;:::.::l_ iil atsorption system setbacks are rwo hundred (200) feet from ord.inarynlgn wat€r mark. (4) The lowest ground floor elevation is three (B) feet above ordinar5r high water mark. (5) No development sha, be allowed which may result in unusual road maint€nancecosts or utility line breakages due to soil limitation, including high frost action.(Ord. No. 80, Art. V, g 24(5-24-B'),12.r5a6) Secs. 20-410-Z!420. Reserved. ( ( E 1190 4 C,- CITY OF cHINHISSE![ MEMORANDUM TO: Planning Commi ssion FROM: Larry Brown, Staff Engineer /tsDATE: March 3I, 1988 SUBJ: Preliminary Plat Review forPlanning File No. 79-2 PIJD, Pass 3rd Addi tionBros. Construction Trappers Lundgren This 34-1ot subdivision is located along the west side ofPleasanr View Road approximately one-fourth rnile west ofState Trunk Highway 101. The 32.5-acre site is comprised ofrolling hil1s along the north half of the site and ; 1ow-Iyingarea on the south half cf the site which contains a Class g-vretland in the southeast corner. Sanitary Sewer The proposed sanitary sewer plan connect.s to the existing sani-tary se../er mains along Trappers pass, Oxbow Bend and pleisant View Road. The proposed sewer mains have been adequat.ely sizedto accommodate the 34 lots as well as subsequent subdivisionslocated to the west of Near Uountain 3rd Addition. Water Service Similarly, the plans propose a looped network of the hratermainsthrough this site by the extension of the watermains alongTrappers Pass, Oxbow Bend and pleasant Vieh, Roaal. The proposedwatermains have also been sized at an 8-inch diameter pipe toaccorunodate future phases of the pUD. Specific valve require-nents vril1 be reviewed with submital_ of the design plans andspecifications. Roadway The applicant has provided for a 50-foot right-of-way rvhich isconsistent with the ci!y's standards for urban constructsion.A 10t street. grade is proposed for the dead end extension ofTrappers Pass between Lot I of Block l and Lot 14 of Block 4.The City's recommended maximum street grade is 7.0t. Horrrever,due to the extreme topography in this area and lack of alter-natives, t.he 10$ grade is acceptable. AtTAutmear l3 690 COULTER DRIVE . P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317 (612) 937-1900 Plann i ng March 31, Page 2 Commission 1988 Norma11y, it is required that a temporary cu1-de-sac beconstructed on a dead end such as the one referenced above. Theconstruction of this cul-de-sac would necessitate extreme lengthsof retaining wa11 around the temporary cu1-de-sac, only to be removed upon the exLension of Trappers Pass to the west in thefuture. Since the lots abutting this dead enC have access to thethru portion of Trappers Pass, this dead end shall be barricadedat its easterly intersection thus eliminating the need for thetemporary cu1-de-sac. Sheet No. I of the plan set shows Lots 15 and 15 of Block 4 extending beyond the existing right-of-way noted as Iroquois. ?hese should be reviseC to coincide wiLh Sheets 2 and 3 ofthe plan set. The extension of Iroquois Avenue to Lhe east of Valhalla is notpractical due to the existing road pat.terns, topography, and thelocation of Pleasant vie$, Road to Lots 4, 5 and 6 of Pleasant View. Therefore, additional right-of-way along Lot l6 of Block 4is not necessary. Adequate sight distance is available for the safe connection of Trappers Pass with Pleasant View Road. Normally its is preferred to match intersections, hor.rever, matching this intersection with Fox IloIIow Drive would basical].y obliterat.e lhe vretland area for little or no gain. Grading and Erosion Control The majority of the grading is within the propose<i righE-of-way r.{ith the excepEion of the three ponding sites and side slope construction along tshe north side of the Class B wetland. It is recommended that a drainage swale be constructed along or near the common lot line of Lots l and 2 of Block 4 which would serve as an emergency overflow swale for the ponding siLe of Lot2, Block 3. The proposed side slopes are wit,hin the recommended standards ofa 3:1 slope. Additional eros ion wetland along Lotsdetail for Type II should be shown on cont.rol should be shown adjacent to the 7 and 8 of Block 4. The Cityts standard erosion control (staked bales and snow fence) the grading and erosion control pIan. Drainage The applicant. has provided for Ehree ponding ser^rer system which maintains a pre-developed vides adequate storage for a 100-year siEes and arunoff rate storm and pro- The applicantr s engineer has proviiled calculations to verifythat the volume of natural runoff to the Class B wetland ha3 beenmaintained. The ponding and outlet configuration as it relatesto Ehe 6n diamet.er outlet pipe under pleasant View Road will befurtsher reviewed as a part of the detailed design. Dr i veways It is recommended that the future driveway for Lot 16,intersect Valhalla Drive at right angles to form a "Ti'setion rvith ValhaIla and Iroquois. No driveway accessallowed to Pleasant View Roail. Block 4 i nter-shall be City Engineer on the dead endLot 14 of Block 4 Recommended Conditions t- 2 The developer shal1 enter into a development contract withthe City and provide the necessary f inai:cial sureties toguarantee the proper installation of these improvements. The developer shall obtain and comply with all conditions ofthe Watershed District permit and the permit from theDepartment of Nalural Resources. AlL erosion cont.rol measures sha11 be in place prior to theinitiation of any grading, and once in plice shil1 remain inplace Ehroughout t.he duration of constrlction. AII of theerosion cont,rol measures shal1 remain int.act unt.iI anestablished vegetative cover has been produced., at i{hich timeremoval sha11 be the responsiblity of Lhe developer. Wood-fiber blankets or equivalent shall be utilized to stabi_lize slopes greater than 3:1. A1I street and utility improvements shalI conform to theCityrs standards for urban construction. 6. The applicant sha1l submit for approval by thedetails for the construction of the barriiadeof Trappers Pass between Lot I of Block l andwith the plans and specificat.ions. 3 4 5 7 Type II erosion control sha1l be placed on the upstream sid.eof the Class B wetland along the rear of Lots I t.hrough 9 ofBlock 4. The Cityrs standaral detail for the installaiion ofType II erosion control (staked bales and snow fence) shallbe placed on the grading p1an. Details for the construction of the proposed retaining waIlalong both sides of Trappers pass deid end sha1l be sibmitteaas a part of the plans and specifications review forapproval by the City Engineer. 8 Planning Commission March 31, I98 8 Page 3 9 Planning Commission March 31, 1988 Page 4 L0. The driveway for Lot 15, Block 4that it forms a "T" intersection Avenue. Lots 15 and 15 of Block 4, as depicted onplan set dated February 18, 1988, sha11 be correct property boundaries. Sheet No. I revised to of t.he show the sha11 be constructed such with VaIhalIa and I roquo i s lL. The plans and specifications shal1 show a ilrainage swale along the common lot line of Lots l and 2 of Block 4 which will serve as an emergency overflow swale for the ponding site of Lo|- 2, Block 3. L2. 13. All privat.e drives shall access internal streets to the sub- division. No driveways shall be allowed to access Pleasant View Road. All appropriate drainage and utility easements along bhe side, front and rear of the lots in addition to all appropriate drainage and utility easements for ponding sites and storm sewer facilities shall be shown on the final plat. The outlet configuration shalI be further reviewed at the time of plans and specifications submittal and design adjust- ments made accordingly, if necessary, to facilitace proper conveyance of stormwater under Pleasant View Road. t4. CITY OF EHINHISSEN 690 COULTER DRIVE . P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Jo Ann Olsen, Asst. FROM: Building Department DATE: March 28, 1998 City Planner SUBJ: Trappers Pass Third Addition *79-2 PUD and 88-5 wAP Due to the grade of the proposed 1ots, it may be necessary toinstall and maintain effective erosion control on some of theIots before any construction begins. It shoulcl be made clear atthis point who wilI be responsibte for this added erosioncontrol. Arrangements should also be made for removal of theerosion control once permanent cover is established. Hq Nqv 690 COULTER ORIVE . P.O. BOX 147 . CHANHASSEN, MINNESOTA 55317 (612) 937-1900 14EMORANDUM TO: FRO}I: DATE: SUBJ:Trappers Pass 79-2 PUD, 88-5 WAP Upon review oi the site plan concerning Trappers Pass Third Addition, I am requesting that a temporary cul-de-sac beinstalled on Lhe street Trappers Pass. This is from the UniformFire Code 10.207 (A), If you have any questions, please ask. EHINHISSEN Citv Planner ri'. rn"p"" ,"Jfrrr-- Barbara Dacy, Steve Madden, !4arch 30, 1988 a5 CITY OF 10.20G10.208 UNIFOBM FIRE CODE i Obslruction ot Firc Protectlon Equipment Sec. 10.2116. No penoo shall place or keep any post. fencc. vehicle. Erowlh. Eash, stor.gc or other material or thing n€ar any firc hydrant. firc department connection or firc protectioo systcm control valve ihat would prcvint sucheluipme or hydrant from being imrnedialely discemible or in any othcr manner deter or hinder the fire department from gaining immediare iccess to said cquipment or hydrant. A minimum 3-foot clear space shall be rnaintained around the circumfcrcnce of the firc h.vdrants except as otherwise requ ired or approved by lhe chief. Access Roadtvays lor Flr€ Apparatus Scc. f0.207. (a) Requircd Construcaiotr. Etcry building hereafrcr con_ stsucted shall b€ accessible Io fire depaflment apparaius by way of access mad. \nays with all-weather driving surface of nor less than 20 feer of unobsrrucled width. with adequate roadway tumtng radius capable of suDDorline the imDosed loads of firc appararus and having a minimum of 13 feer-b inchis of vJnical clearancc. Dead-end fire department access roads irl excess of l50 feet long shall be provided with appoved provisions for rhe tuming around of fire depariment appanrrus. EXCEPTION: Wlrcn therc are noa morc than |wo Croup R. Division I or M Occupamics as dcfincd in lhc Bui lding Code. the rcquirErnena of this secrion rhay be modificd *hen. i0lhe opinion of lhe chief. fire-fighting or rescue opcntions would not bc irnpair€d- O) Obstruciing. The required width of access roadwavs shall nor be obsuucred itl ary manner. including par*ing ofvehicles. NO pARKING sisns or other.appropriare no(ice.or botlf prohibiling obstructions may be rcquired and shall be maintained. (c) Extenl. The access roadway shall be extended ro wifiin 150 feer of all ponions of the exterior *alls of the first story of any building. Where the access roadway cannot be provided, apFoved Iire protection system-or systems shall be provided as required and approved by the chiel (d) Ffur.protection Ahernate. Wherc fire-prorection systems approved by the chief are provided, the above required clearance may be modified. - (e) Ovcrsizil9. The chief shall have rhe authority ro rcquire an incrcase in the minimum access widths where such width is not adequate for firc or rescue oPerations. . (0 Bridges. Wherc a bridge is required to be used as access under rhis seclion, it shall be constructed and maintained in accordance with the applicable sections of the Blilding Code ard using design live loading sufficient to iarry the imposed loads ofthe frrc apparatus. Pr€rirlse3 ldentilicatlon Sec. 10.,20t. Approved numbers or addresses shall be placed on all new and eristing buildings in such a posirion as to be plainly visibli aad legible from rhe street or road fronting the prop€rty. Said numbers shall cont;st with their background. 1962 EOlTloN Division lll INSTALLATION AND MAINTENA PROTECTION, LIFE.SAFETY S' APPLIANCES ln3t llation &c 1030f. (a) 'Ilpc Requirtd. The chief shall de of firc appliances to be installed and maintained in premiscs in the jurisdiction other thao pritate dwt according to the relative severily of probable fu€, which it may sprcad. Such appliances shall be of a tl class of fm assoclated with such building orprcmise the chiei Portable fue extinguishers shall be in accordance lGl. (b) Specid Hazrrds. ln occupancies of ar espl where special hazards exist in addition to the normal where access for fire appaErus is unduly difficult, a, Equired cotrsisting of additional firc appliance un appliance, or special syst€ms suitable for the protec Such devices or applianccs may coNist of automatic ic sprinkler or water spray systems, stardpipe alrd extinguishers. suitable asbestos blaokets, brcarhing malic covers. carbon dioxidc, foam, halogenated special fire{xtiDguishing systems. where such syst be in accordarce with the applicable Udform FLe C( the National FiIe hotection Association when Unif, not apply. (c) Warer Supply. An approved water supply ca firc flow for fire protection shall be provided to all pr( or portiotrs of buildi-ngs are hercafrer constructed building protected is in excess of I 50 feet from a wa there shall be provided, when rcquir€d by the chi( mains capable of supplying the rcquired fire flow. Warcr supply may consist of reservoirs, prcssurc mains or other fixed system capable ofsupplying the the requircments for firc flow' the chief may be guidF l- 40 r I I t- r I r I - I l I I I Key Box Sec. 10.209. When access to or within a structure ( because of securcd openings or whete immediate a saving or fire-fiBhtinB Purposes. fte chiefmay requift an accessible location. The kqv box shall be a type apf contain keys to Sain necessary access as required by I i' 6e0 couLrER DRrvE . r " r?J;igr; *rro...*, MTNNESoTA 5s317 MEMOR.ANDUM To: Jo Ann Olsen,Asst. city Planner Palk and Recreation CoordinatorFROl,l: Lori S ietsema, DATE: March 31, I988 SUBJ: Park and Recreation Commission Action on Trappers Pass The Park and Recreation Commission reviewed this site plan at their March 22nd meeting. They felt it importanE to continue tbe trail system within the existing development along Near Mountain Boulevard and Trappers Pass. The trail plan, however, calls for off-street trails rather than the existing on-street section. As tshe proposed development will be serveil by North Lotus Lake Park, additional parkland wilL not be needed. It is the recommendation of the Park and Recreation Commission to reguest tshat off-street pedestrian trails ( sidewalks) be construcEed along Trappers Pass, Oxbow Bend, and Timberhill Road, with 100* credit in trail dedication. It is also recommended that park dedication fees be accepted in Iieu of parkland. CITY OF CHINHISSEN HLT *b n chord ot 55. ril.i therrce South ti5t Lhence South 25 -) and said I ine r_le 23, described ' ,nent Lot 3 lri-thrEerly along theIine 558,50 feetot 3; thence onl-said GovernmenL 19 minutes hest,r cording to the: rsterl)- line of,t 4; thence eastnf beginning. \ I,/oYo-o r$60 ae o ,o \o + /- =t)o{ ^e,,2@*3 l--ro L I 5 C2 $.s\r o FoJF:)o =Fzfo tr UJz 4i' z\I2b,5CE E,p 2 zqqe -/ 2)s 3 24,1e,663q 3l,ooo+ \-1 tB,3oosF 5F)s EXISTII 4$a^ -+-n7.60 +5's1+2" 28,n@* t2 o Zl ,too 3F.-u.\at3 53 Y1g- t IL-l {\o \ ,M I \ 27/n@: R 36,6qr 36 \?2 2Sb.o8 Na7'3329'E OJ\NAv)4oo \ 6 t/) D( o tr U) o,a(, o il ro -,.1\. oa e6, T .l<.:,x 23,2-6* 1a o N t5 UI .0 o $rF $s ,a @ o 43.bo st k1 -'t5 za ,6oc> 3* ol/, '(a (o I 2a,b* :-described I ine: thence easL a-Iong' i7 feet; thence:-ence defleciing reasterly line of'r the right and. EW, 350.18 feet iorthea-s Lerly to I .3.1 feet ea_et oF' re terminating. 'r)l Iows: t-herrce runn ing' t'e,et; Lhence neast-erly 35:l. gtj '^ be descr i bed;Iast describsttt the right andae northeasterly r to the right:- feet-; thenceht ard rr.rrrnin{' tes 12 ser:onds,, the point of { v1 ?36,4oo3F.$ EXISTI \qb -- 31tg,oo=t € o. 1 WETLAND ALTERATION PERIITIT EVALUATION WORKSHEET To Be Completed By Applicant and Submitted with Application(Attach additional sheets if necessary) WETLAND DESCRIPTION: Type:B Location: Lakes ide Watershed District: Area of Open Water: RiIey-Purga tory-Bluff Creek I\I^ /\^^^ ^L^-!.v vPsr I rrdLsl Drainage Flolrs To: Vegetation Types: Lotus Lake Canary Grass, vas cofimerc iaIly cut for hay in past .Reed Soil Types:Silty Clay, C1a)ze!r I"oam 2 DESCRIPTION OF PROPOSED colrsUructed around welland. ALTERATION:Residential suMivis on No fil-l proposed with in r.retland. Pond *truici ire excavated in eastern po rtion of wetland by Pleasant vi Road. 3. PURPOSE OF PROPOSED ALTERATION: cor 1S rucl sirr,: I -f amilv developmenE adiacent to the e t inq v--l j-and. 4. APPLICABLE WETLAND ORDINANCE SECTION:28.9 5. A. DISCUSS ?HE IMPACTS ON THE PROPOSED DEVELOPMENT IF NOALTERATION IS MADE: If no di.rect aI terati.on wa.S made Eo the wetland the pr ed storm waEer would be e1i minated.This would trithin 200 feeE of the wet]-and the site would ha fewer lots and not be cosE effecEive. ve to be rep lanned wit.h S9 Size: Clas s : Streamside _ Upland X noE directry impact Ehe proposed deverop,rnenE. rf no qradinq uas done 5. B IDENTIFY AND DISCUSS ALTERATION: OTHER ALTERNATIVES TO WETLAND C. IDENTIFY THE ALTERATION : ADVANTAGES AND DISADVANTAGES OF THE PROPOSED SEE ATTACHED 6. USING THE WETLAND ORDINANCE STArr-DARDS WHETHER THERE ARE ANY INCONSISTENCTES AS A GUIDE, DETERMTNE BETWEEN THE ORDINAI.ICEAND PROPOSED ALTERATION: The proposed alt eration wou.l d closelv conform to the Wetl and AlteraEion Permit cui deline sas outli 1n r Ordinance. The area of i nconSlsEenc tYIS he remo vaL of some e xist i n wetland vegetaCion.This is a neqat lVE I to the C ass B Wetla but the addir.ion of the storm !,/ater con roI sed tati on Dond f r this drai e basin wou Ld be be the intent of this project to maintain and adhere to the allor.rab1e soil discharge rates outlined in the ordinances Ehrough the use of sirt, fence, hay bale dikes, sedimentation ponding areas, and Eimely revegetation of disturbed areas of the site. -2- SEE ATTACHED iF doun [..rl-r rq f Ba |'\ETL\\D .\LTER \TION Pml\lIT EV.\LUATION I€,RI$HEET -{n alternative to the proposd plan r,'ou}d be to eliminate the pond. This would not directly affect the develognent of this land but would have a negative impa.ct dor.rns tream. This still leaves the problem of grading wiLhin 200 feet of the qetland. The alternatir.e to this is to repJ an the property- staying 200 feeL ar.ay irnd therefore han'ing fewer Iots. This nrakes the project economical Iy rmfeasible and therefore the site would remain agricul tural, The rrraln ci i sarirantage of t-he a]teration is the loss of some existing ;retfand \.egetation through Lhe construction of the pord. The porrl would be corLslruct-ed in accordarce with the guidelines set by the ti.S. Fish and liildlife Service for constnrction of a lietlard for r*-ild-Iife anci rvould er.entuall-v proride open r.'ater for various shallow riater and open r,ater wildlife, It r"'ould also provide a sedimentation ponding area for the storm eater Lo pass Lhrough prior to reaching Lotus [ake. The constnrction of t-he single family de-l'eloprent ereates the i:cssibility of soils L,e ing transporLed Lo Lhe wetlard during and aftergmding operations. It is proposed to use siltation fence, seri imenta{;ion ponds and timell- revegetatj-on to contain the soi.ls and keep th()m from enterln.q the r"-etlanci. Once t-he hor:ses are built and i-ards are compleLe, iert-ilizer, oils and road salts wiII 'oe introduced. The stom drainage is rJesigned to go through storm r,'ater ponds to minimize the affects of tlrese on the existing wetlards and Lotus [.ake. It must be remembered that the developnent of this land rvil-I renove it from agricultur:al and therefore eliminate the agriculturai fertilizer, aninral r.astes, and ye.arly cufti\.ation of the land. The develolment of t-his .trea to single t'amiJy is consiste.nt with other land trses on :xl.iacent. propert-ies 3roulrd this uetland and Lotus Lake. r' I.AND DEVELOPTENT APPLICATION CITY OF CEI"NEASSEN 690 Coulter Drive Chanhassen, MN 55317(612) 937-1900 ren Bros. Construction, OIdNER:Frances 0'Brien , et al nc. APPLICANT: L Und ADDRESS 935 E. Wa yzata Boulevard Hayzata, Mi nnesota 55391 z TELEPHONE (Daytime) 47 ?- l22l 1p code RBQTJEST: ZoaLng flistrict Change Zoning Appeal Zoning Variance Zoning Text Anendment Land Use plan Amendment Conditional Use permit Site plan Review ADDRESS 450 Indian Hills Road Chanhassen, ItlN 55317 TELEPHONE 474-8590 Planned Unit DeveloDment _ Sketch Plan _ Preliminary plan Final plan Subdivi sion X Platting _ Metes and Bounds Street,/Easement Vacat ion Wetlands Permit p code PROJECT NAIYE Trappers Pass at N ear llountain 3rd Addition PRESENT I,AND USE REOUESTED LAND US PRESENT ZONING PLAN DESIGNATION E Pf,AN DESIGNATION RSF & PUD-R (No change proposed ) REQUESTED ZONING (No ch a nq e prop oseC. ) USES PROPOSED Si nql e f amily de tached housi nq SIZE OF PROPER?Y 3 _+.5- acres LOCATION !,Jest of Pleasant View Road , East of Indian HilIs Road REASONS FOR THIS REQUEST EnIaTqe TTa ppers Pass nei ghborhood LEGAL DESCRTPTION (Attach legal if necessary ) 'ts t. pro erty or.r ners h i p I x Attached to This application must be completed in fu1l and ha Ii,^-,.,_i!!^"ru",i!'lii;;;";;-."st ue accomr.;i"a-u1i :li Hr:Ifi:Iiji.i;u".plans required bv ".pii."ui.-;;;;t;;il.nce provisions. Beforefiling this applicriion, you shoild confer with the City plannerto determine lhe so"ciri.'.iai"ii;; ;;;'p.""edurar requiremenrsapplicable to your appl icat ion---- - - *"q l Ci.ty tand Page FTLING TNSTRUC TIONS: CERT IF I CATION: Signed By Lund ren B of Chanhassen Development Application2 -' - -. -The tlndcrsiirncrr :-a^r^-^6!-!urat r,e is ia*u;;;';iil'il"";.;;J;j;"ir:.tili::*:ili"Lapplicable City Ordinances - certifiesall ros. Constructi on, I nc.Dat eBr' /ru;;i;ant Fee O rrln e fX Date o /s*/Signed By Date Application Application Fee City Receipt No. Recei ved Paid lq (Ytr This Application wi I1 beBoard of AdjusLments and mee ti ng . cor!S rdered A.ppeals ar by thetheir Planning Commission/ 7'; The undersigned hereby certif i.:s that. the applicant has been:::::ii:E: ro make trris appric,i.iJ,-i"r..the property herein CITY OF EHANHISETI[ 3, P.C. DATE: April 6, J.988 C.C. DATE: April 25, 1988 CASE NO: 88-4 CUP Prepared by: Dacy/v STAFF REPORT Fz o =LL :.(o tIJFa PROPOSAL: LOCATION: APPLICANT: Outdoor Display of 608 Plying Cloud Drive Conditional Merchandi se Use For Permit For Sale Jack BranbiLlaBrambilla's, Inc. P. O. Box 37 i1- PRESENT ZONING: ACREAGE: DBNS ITY : ADJACENT ZONING AND LAND USE: BF, Business Fringe DistricL 2 acres N/a y-6 - ?r' railroad tracks and single familyN- s- E- I{- A-2; A-2 i BF; BF; SuperAmerica andbuilding proposed site for vacant commercial cold storage buildi Admiral waste site WATER AND SEWER: PEYSICAL CEARAC. : eastern portion of No municipal services are available. Existing building on sitei small woodedareai vacant f ie1d. James Freeman 5840 Mount Carmel RoadCarver, Ir,lN 55315 ,/ 2000 LAND USE PLAN: Agriculrural ( a POiO E r A2 9g ,o a F AIL ( (p i-fL \)5 RICE N E I W€"Cfi; .// EITY oF SHAKoPEE A2 LAKE Freeman/Brambi 1Ia CUPApril 6, 1988 Page 2 REFERRAL AGENCIES Building Department PubLic Safety Engineering IqnDOT No adverse coNnents. See Attachment #1 See Attachment *2 Because the proposed use is not expanding existing facilities, MnDOT does not require aCditional permits. BACKGROUND On October L6, L978, the City Council approved a conditional usepermit on the subject property for a used car sales lot. On March 7, 1983, the Council reassigned the conditional use permit to another operator for retail sales of used cars. On November 22, 1978, the City issued a sign permit for two free standing 32 square foot signs and a 64 square foot wa11 sign. ANALYS I S The applicant is proposing to use the subject site for the out- door display of landscape products such as potted plants and trees moved onto Ehe site from another locaEion. The applicant also intends to use the existing building on the sit.e as the office location to handle sa1es. Existing Condi tions Existing on site is a woodframe and concrete block structure measuring approximately 23 feet wide by 26 f3et in depth. The rear of the building is used as storage space and the front por- tion of Ehe building is the main area for conducting retail saIes. The existing 8 foot fence surrounding the building and gravel parking area was constructed in 1986 (permit was granted). Currently, the site has two driveway accesses onto TH 2I2. Proposed Use There are no specific conditions for outdoor display of merchan- dise in the ord.inance; however, che standards for conditional uses listed in Section 20-232 remain applicable. Two empl-oyees wiII be using the existing building. The proposed display area is concentrat,ed on the east and west sides of the existing building occupying an area of approximately 25 feet in depth by 50 feet. Display areas should maintain the 25 foot front setback. The sit.e currently has tri,o driveways. Staff recommends that thewesterly access be closed and parking spaces and traffic cir-culation be defined on site. Given the increase in trafficvolumes on TH 212 and the low intensity of the use, the site canfunction adequat.ely with one access. This will also help to e1i-minate confusion for through traffic when turning vehiclisattempt to enter the site. Railroad ties or concrete curbs canbe used to identify parking spaces. This condition is based onSection 20-232(8). Freeman/Brarnbi l Ia CUPApril 5, 1988 Page 3 Traff ic Holdin g Tank Fuel Stora qe Tanks The property olrner has indicated that a holding tank wasinstalled in 1978. The facility has been used at various timesin the past ten years. The property owner indicated that thetank had been pumped once. The holding tank should be pumped ona regular basis and a_ copy of the pumper contract should b- pro-vided to the city. Given that the ta;k is only ten years o1h,the- tank is.probably sLill in good condition. -Becaule only twoemployees will occupy the site, there should be relatively Iittlesewage demand. Screening The existing wood fence serves as a good screen offrom abutting properties and passing traffic. Thealso maintained in good condition. S ignage the activitybuilding is Although the applicant was granted a sign permit. in 1979, thesigns located on the property and approved by the 197g permitare void. Therefore, the sign requiiements based on thL currentzoning apqJy. The Zoning Ordinance permits one wall sign and. onefree standing pylon sign. The wall iign cannot exceed iSt of thewall area in which it is placed and cannot exceed. g0 square feet.The pylon. sign cannot exceed G4 square feet. The appr6priatesign permits should be obtained piior to occupancy. Currently, there are lwo empty fuel storage tanks located behindthe existing building which were used to heat the buildi.ng. theFire rnspector has determined that the condition of rhe tinks isnot acceptable. The applicant or property oi.rner wiIl be respon_sible for meeting any fire code requiiements as to 1ocat.ion andmaintenance. Freeman/Brambi 1la CUPApril- 6, 1988 Page 4 Future Use The Planning Commission and City Council should be aware that theapplicant has potential plans of expanding the facility to construcE a greenhouse (Attachment #3). Staff advised the appli-cant that construction of a greenhouse was going beyond theintent of "outdoor display of merchandise for sa1e" as listed inthe BF District. Construction of a greenhouse is in essencecreating a retail nursery use. Staff advised the applicant toprocess a zoning ordinance amendment if extention plans were tobe pursued. At that time, the City would also require moredetailed grading and building plans for the construction of thegreenhouse given the grade of the property and the existence oftrees in the area proposed for the greenhouse. Staff tlid notrequire a detailed grading and site plan typical with newconstruction given the existence of the building, gravel parking 1ot and approved fence. The Pfanning Commission and City Council may wish to provide some preliminary direction to the appJ-icantas to whether or not a nursery use would be appropriate in the Business Fringe District. Summary The proposed use is such that it meets the general standardsprescribed for conditional uses in Section 20-232. With properresolution of the access issue on site, and given the smallintensity of the proposed use, staff finds that issuance of aconditional use permit Eor outdoor display of merchandise at t.his l-oca E ion is appropriate. RECOMMENDATI O N Planning staff recornmends the Planning Commission adopt the following motion: "The Planning Commission recommends approval of Conditional Use Permit Requests #88-4 as shovrn on the site plan stamped "Received March 16, 1988", for outdoor display of merchandise, specifi- ca1Iy, Iandscape products, on property located at 608 Flying Cloud Drive and subject to the following conditions: I 2 Compliance with fire code as to thefuel storage lanks. use and location of the The appropriate sign permits must be obtaineil prior to occu- pancy . Display areas shall not encroach on the 25 fooE front set- back . 3 4 The applicant shall provide the City r.rith the tank pumping contracts once every three yearseffective date of this conditional use permit. proper septic starting on the Freeman/Brambi 1la CUP April 6, 1988 Page 5 5. The site shall maintain the easterly driveway access ontoState Highway 212 only. ATTACHMENTS llemo from Larry Brown dated April 1, 1988.Site Plan stamped "Received March 16, 1988". Fut.ure site plan stamped "Recei.ved March I8, 1988". Memo from Steve Madden dated March 31, 1988.Conditional use permit dated June I, 1984.Conditional use permit dated October 16, 1978.Detailed location map. Appl ication .Section 20-232. 1 2 3 4 5 6 7I 9 CITY OF EHINHISSEN 690 COULTER DRIVE . P.O. BOX 147 . CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORAND UM TO: Planning Cornmi s s ion FROM: tarry Brown, Staff Engineer DATE: March 31, 1988 This site is located atof a small sales office accesses to State Trunk Municipal water service is notfore on-site sources will have 608 Flying Cloud Drive and is comprised and a gravel parking 1ot wit.h 2 driveway Highway 169/2L2 (refer to Attachment #1). h SUBJ: Conditional Use Permit for LanCscape Products located at 608 Flyin9 Cloud Drive Planning File 88-4 CUP, Brambilla Sanitary Server Municipal sanitary sewer is not available to the site. Theapplicant has indicated that a holding tank exists on site and isin working condition. As per Section 19-82 of the ChanhassenCity Code, the applicant shal1 provide the City wiEh the proper pumping contracts to verify proper maintenance of the system once every 3 year period. Watermain available to the site. to be developed by the There- appl i cant . zffilWtaru-f# t ) Acce s s The site maintains two existing driveways onto State Highway 212(refer to Attachment No. 1). The Minnesola Department of TransportaLion has stated lhat the condit.ional use permit willnot intensify the volume of traffic flow and therefore they will support the two separate driveway accesses onto 212; however, they said wherever possible, these driveway accesses should beminimized. As per Section 20-232, paragraph 8 of the Zoning Ordinance, the Planning Cornmission sha11 recomr-nend. a condiLional use permit and the Council shall issue such conditional use per- mits only if it finds that such use at the proposetl location will have vehicular approaches to Lhe property which do nots createtraffic congestion or i.nterfere with the traffic or surrounding Planning Commission March 3I, 1988 Page 2 public thoroughfares. By closing the vresterly access which nowexists onto 2L2, the number of traffic conflict points is greatly reduced. In addition, a greater distance will be provided for a vehiclemaking a right-hand Lurning movement from the site and heading southbound on State Highway 169. Recorunended Conditions The applicant sha11 provide the City with the proper septictank pumping contracts once every three years starting on theeffective date of this conditional use permit. The site shall maintain the easterly driveway access ontoStale tlighway 212 on1y. I l.l i- -- l-T I tiE'-(' eTnflg. aLE i-.lll-: )o rr $ 6\s\\ $ it l) I I lt(r- s// ) 1 It J Dr5 PLAy ArirA t?V , tl 5 AL9S PAfi(,N6 Ant.4 ._-t4t.FT I,/l i,i t ,/1 DKI v Ew^'r )ylty '( f:v .#EX L t.tr-!l.f-. DfrIVEWAY I ttt I 171 t ttlll I ltl l I tl lt l5-c (( !, :- ,:{- ;: = a I I I .1 I i ' -{ I II g_1 ! ) I z:- l'rr*.l I i'\ i I I I I ! I o -.1 tn -{ a TT jI ' '- .J ] I i$le lr- ir, riiFtt= lih., :{ ) I v o. frrtkrfildnrls - --J l,', L-, i;- h i.': i-l l. I I I I i ! I I p $N \uL CITY OF EHINHISSEN 690 COULTER DRIVE . P.O. BOX I47 . CHANHASSEN, MINNESOTA 55317 (612) 937-1900 UEMORANDUIT{ TO: Barbara Dacy, City FROM: Steve Madden, Fire DATE: March 31, 1988 SUBJ: Brambilla Building P lanner I nspector lV*- Compliance with the above wilI meet the requirernents Chanhassen City Ordinance and the Uniform Fire Code,62, Sec. 4.01 and Ordinance 62-A. If you have any questions, please ask me. of Ordinance nffufitl*q*,4 I revieled the site and have some concerns about the fuelstorage tanks. I recommend that the tanks be removed from lhesite. If the tanks are needed on the site, please have the ownerapply to the Pollution Control Agency for a permit to install underground tanks. WHEREAS, application hasbehalf of Tri-Y AuCo Sales forpermit to re-establish a usedwithin the City of ChanhassenDrive and lega11y described ona part hereof; and CITY OF CHANHASSEN CONDITIONAL USE PERMIT TRI-Y AUTO SALES,/DUANE M. FARRELL been made by Duane M. FarreII onthe transfer of a conditional usecar dealership upon a tract of landcommonly known as 609 Elying CloudExhibit A attached hereto and made lilIlEREAS, the subject property is zoned C-3, ServiceCommercial District i and I|IHEREAS, the outdoor display of merchandise for retail saleis permitted on lands zoned Cl3 only upon issuance of a con-ditional use permit as provided in chantrassen ordinance 47-c; and WEEREAS, S23.05 of the Chanhassen Zoning Ordinance authorizesthe City Council to impose conditions and re[uire guaranteesupon the granting of a conditional use permit to iisurecompliance and to protect adjacent properties; and WHEREAS, the City has issued a conditional use permit forthe operation of a used car sales lot on the aforemeitionedproperty. - {Ow, ?HEREFORE, said conditional use permit is bereby trans_ferred to.the appricant herein to maintain-an outdooi -i"irriy "tmotor vehicles for retail. sales, subject to the following termsand conditions, all of which shall be strictly complied iiit, ."being necessary for the protection of the pubiic iiterest: -.1. . Permit Not Assiqnable. this permit is personal to saidapprrcant, and sharl not be assigned without wriLten consent ofthe City. 2. wi th in Descri t ion of Proper t The premises subject to thes described in Exhibit Aeof; and the within con-the entire property. VehicIes. conditional uattached hereto andditional use permi t conditions: a se permit are a made a part hershall apply to 3. Outside Storaqe of Motoror drspray ot motor vehicles shal Ibe sub ject The outdoor storageto the following b Said outdoor storage and display shall be linited tomoLor vehicles offered for sile. No-outdoor storage, display or parking ofoffered for sale shall be permitted withi., southerly 25 feet of the subject property. vehicles the -1- fiFAa,twT#: (( Said outdooroffered forthirty ( 30 ) pr operty . storage or display of motor vehiclessale shall be limited to a maximum ofsuch vehicles at any time on the subject 4. Outside faci 1i t i6E-EnE-w equipnrent or other pers outside of the sub ject screened from view from Storage Prohibited. Witth the exception of motonal property shabuilding. Trash U.S. Highways No h the exception of trashor vehicle parking, no11 be stored or displayedfacilities shall be. 212 and 169. to and I 5. No Outside Work. No work or repairs sha11 be performed onany vehi;-1e-TETfe tir-e veiricle is standing in a parking arei, andno work or repairs shalt be performed on any vehicle ;hile stand_ing outside of the building on the subject property. 6. Customerthe area-IffiEdia-t said area shall b area. Parkinq. e1y in froe clearly Customer parking shall be limitednt of the existing sales building;ilesignated as the customer parking 7. i11A11 away tion publ i L1 htin PIan. uml nar ies shal1 No striog ligh t i n9be directed onto the permi tted .property and sha1l be subjectfrom U.S. Highways No. 212':and 169. 8. Noise. Noise emanating from the activitiesthe premIEEE-sha1l be within [.he standards adopted Chanhassen Zoning Orilinance. No public address orpaging system which emits noise in excess of saidbe utilized on the subject property. conducted onin theother audio standards sha11 the injurious to thenor impair pro- 9 o c f the use shal1 not be detrirrental to, nor enddngerhealth, safety, comfort or general welfare. PubIic welfare.The establishment, maintenance and opera - I0. Nuisance.The proposed use shall not be 11 . other R ulations.The applicant sha I1 use and enjoyment of other property, nor diminishperty values in the immediate vicinity. City Ordi departmen nances, state 1aws, and regulations ofts. comply r.vi th allslate agencies and 12. No Chanqes in Usethe above-d-e s c rT6ea p-rem-fse vehicles offered for saIe,except as nry be permitted Permi tted .s sha1l be I and no changby an amende The outdoor display use ofimited to display of motores in the use shall occurd conditional use permi t. 13. Proof of Title. Upon request, the applicant shall fur-nish the CiE!-wIEtr-evIEEnce- satisf-actoiy to tLe cicy that is hasacquired a possessory interest in the subject property. -2- (t1( 14. Permit Subject to Review. The City reserves the right toreview the within conditional use permit at any time to determine compliance with a1l conditions of the permit; and conditions maybe added to the permit at any time if deemed necessary and in thepublic interest by the City following notice of public hearing andfollowing public hearing thereon. If the City determines that theapplicant has not strictly complied with the terms of the permit,the permit may be terminated at the option of the City. A1I Cityexpenses incurred in the enforcement of the within permit shal1 bethe obligation of the applicant, and may be recovered. by the Cityas a special assessment against the within described premises. Issued thi s day of ,fgn.e t_.) {at r+19 C ITY :ti,i,lkByScott A. Martin, Zoning Adm INIS tr ator ACC E PTANCE The undersigned applicant and occupier of the above premises hereby accepts the terms and conditions of the permit hereingranted., and agrees to be bound by the terms thereof. S igned this _day of TRI-Y AUTO SALES By Duane M. Farrell, Owner -3- 19 ( { EXHIBIT ''A'' That part of Government Lots 3 and 4, Section 36,Township 116, Range 23, described as follows: Commencing at the west ouarter corner of said section;thence South along an extension of the West tine ofsaid Government Lot 4, a distance of 14.65 feet;thence Northeasterly deflecting to the left 106o21 '30"a distance of L327.05 feet to the actual_ point ofbegj-nning of the tract of land to be desciibed; thencecontinuing northeasterly along last described. course170.35 feet; thence Northwesterly deflecting to the left89"15t a distance of 50 feet to a point maried by aJudic Landmark; thence continuing Northwesterly alonglast described course a distance of 473.2 feet t6 apoint marked by Judicial Landmarki thence North-r"/esterfy deflecting to the left 53038' a distance of 40feet to a point marked by Judicial Landmarki thenceSouthwesterly deflecting to the left 25o30' a distanceof 146 feet to a point marked by a Judicial Land.mark;thence Southeasterly 545.52 feet to the actual pointof beginning, a point being marked on the last describedcourse by a Judicial Landmark, distant 50 feet North-westerl-y of actual poj-nt of beginning. *t I ( CITY OF CHANHASSEN CONDITIONAL USE PERMIT BRAMBTLI,AIS, TNC. WHEREAS, application has been made by Jack R. Brambilla on behaLf of Brambillars, Inc., for a conditional use permit to establish a used car dealership upon a tract of land within the City of Chanhassen comrnonly known as 609 Flying Cloud Drive and Lega11y described on Exhibit A attached hereto and made a part hereof; and WHEREAS, the subject property is zoned C-3, Service Com- nercial District; and WHEREAS, the outdoor display of merchandise for retail sale is permitted on lands zoned C-3 only upon issuance of a conditional use permit as provided in Chanhassen Ordinance 47-C; and WHEREAS, a public hearing was held by the City Planning Commission on September 27, L978, to consider public conunent on the issuance of the within conditional use permit; and WHEREAS, the City Planning Commission has given considera- tion to the application and has recornmended the grant of a conditional use permit upon certain conditions; and WHEREAS, the City Council has given due consideration to said application and the foregoing recommendations and has determined that in the grant of the within conditional use permit, the standards of S23.06, as amended, of the Chanhassen Zoning Ordinance have been met; and I{HEREAS, S23.05 of the Chanhassen Zoning Ordinance authorizes the City Council to impose conditions and require guarantees upon the granting of a conditional use permit to insure compliance and toprotect ad jacent properties; NOw, THEREFORE, a conditional use permit is hereby granted to the applicant herein to maintain an outdoor display of motor vehicles for retail saIes, subject to the following terms and condi- tions, all of which sha11 be strictly complied with as being necessary for the protection of the public interest: ('- {4il" 1. appliCity. Permit Not Assi nab le .This permit is personal to said ed !^rithout written consent of thecant, and s aII not be a ss ign Description of Property. The premises subject to the withinconditional use permit are as described in Exhibit A attached hereto and made a part hereof; and the within conditional use permit shall apply to the entire property. -r- fifuufd,@lr* (i { Outside Storagg of Motor vehj-cIes. Thedisplay of3 5. outdoor storage orfollowing conditions: limited to motorSaid outdoor storage or displ-ayvehicles offered for sa1e. No outdoor storage, display or parking for sale shafl be permitted within theof the subject property. to the sha11 bea of vehicles offeredsoutherly 25 feet Said outdoor storage as display of motor vehiclesfor sale sha1l be limited to a maximum of thirtyvehi.cles at any time on the subject property. o ffered ( 30) such 4.qutslde Storage Prohibited. With the exception of trashfacilities End@otor vehicle parking, no equip- ment or other personal property sha1l be stored or displayed outsideof the subject building. Trash facilities sha11 be screened from view from U.S. Highways No. 212 and 169. No outsj-de work. No work or repairs sha11 be performed any vehicle while the vehicle is standing in a parking area; and work or repairs shall be performed on any vehicle while standingside of the building on the subject property. on noout- customer Parking. Customer parking shal1 be limited area immediately in front of the existing sales building; and area shal-l be clearly designated as the customer parking area. 7.Removal of Pum IsLands. Applicant agrees to remove pump islands present ocate d on the subject property, to the to the said v the s atis -the usedfaction and approval of the City, on or before the opening ofcar dealership to the public. o.Ligbting P1an. Applicant agrees to prepare and submit to the City a IIgEEIng plan which sha1l include the location and candle- power of all exterior illuminaries. No string lighting shal1 be per- mitted. AII illuminaries shall be directed onto the subject property and away from U.S. Highways No. 212 and 169. 9. Noise. Noise emanating from the activities conducted on the premises sh-all be within the standards adopted i,n the Chanhassen Zoning Ordinance. No public address or other audio paging system which emits noise in excess of said standards sha11 be utilized on the subjectproperty. r0.tion of health, 11. use and va lues the use sa fety, ma intenancenor endanger and opera-the publicPublic welfare. The establishment,shall not be detrimental to, comfort or general welfare. Nui sance .The proposed use shall not be enjoyment of other property, nor dininishin the immediate vicinity. 1nl ur.r-ousnor impair to the property -2- b. (.ta { 12.other ReguLations.ci ty Ordinances, state Laws,departnents. No Cha es in Use Permitted. above-d escr e pr ses shal1 be 1icles offered for sale, and no changept as may be permitted by an amende The applicant shall comply with alLand regulations of state agencies and 13. the veh exc t-6.with on Ex Reimbursement of Costs.city f or aI1 cos ts ,incJ-uding reasoexpenses, incurred by the City in cto the administration and enforcemethe performance thereof by the appl The outdoor display use ofimited to display of motores in the use shall occurd conditional use permit. 15.Permi.t Sub ect to Review. The Cit y reserves the right toreview the withi nco L t I onal use permit at any time to determine com-pliance with all conditio ns of the permit; and conditions may beadded to the permit at any time if deemed necessary and in the publicinterest by the City foI1 owing notice of public hearing and followin gpublic hearing thereon.If the City determines that the applicanthas not strictly complied with the terms of the permit, the permitmay be terminated at the o ption of the City. A11 City expensesincurred in the enf orcement of the within permit shaLl be the obliga-tion of the applica nt, and may be recovered by the City as a specialassessment aga j-nst the within described premises. iration of Permit and Mandator Review -in cond t ona use perml-t shall e twelve mon The term of theths, commencing shall- be sub lec , provj.ded, however, that said permitttothe revLew of the City CounciL in the eleventh(Ilth) month thereof -In the absolute and sole discretion of theCity Council, said permit may be renewed, for successive terms oftwelve (12) months each, 17.The applicant shal1 reimburse thenable 1egaI and adminj.strative onnection with all matters relatj_ngnt of the within permit, andicant. Adopted tfiis 16th dsy of October CITY OF c By ATTEST:Mayor SEN i/ ) - ^.;i. .,.. - ,€ -3- C ty Cler Manager 1978. L4. Proof of Tit1e. Upon reguest, the applicant shall furnishthe City wIEh--EvEEiEe satisiactory to the City- that it has acquireda possessory interest in the subject property. ({ ri The undersigned applicant and occupier of the above pre- rnises hereby accepts the terms and conditions of the permit hereingranted, and agrees to be bound by the terms thereof. Signed this /'*4--day of a'7?^--, L97 7. BRAMB I LL By Jac Bramb 1 11a , Pres identI STATE OF MINNESOTA ss. COUNTY OF CARVER On this day of , 197 , before me, a notary public within and fo r said County, personally appeared Walter Hobbs and Donald W. Ashworth, to me personally known, who, being by me duly sworn, did say that they are the Mayor and the City Manager, respectj.vely,of the City of Chanhassen, a Minnesota municipal corporation, that theseal affixed to the foregoing j-nstrument is the corporate seal of saidcorporation, and that said instrument was executed in behalf of saidmunicipal corporation by authority of its City Council, and that saidWalter Hobbs and Donald W. Ashworth acknowledged said instrument to bethe free act and deed of sai.d corporation. Notary Pu51IE ) ) ) STATE OF COUNTY OF qN MINNES OTA CARVER on this /,ec 6u, ot notary public wi thfi--fnd forBrambilla, to me personally k say that he is the Presidenttion, that the seal affixed tseal of said corporation, andbehalf of said corporation bythat said Jack R. Brambilla afree act and deed of said cor s-IE eounEy, per nown, who, beingof Brambilla's,o the foregoingthat said instr authority of it cknowledged said Poration . L97 7 , before me, asonally appeared Jack R. by me duly sworn, didInc., a lilinnesota corpora-instrument is the corporate ument vras executed ins Board of Directors, and instrument to be the fl.La^-r ') KAREN J. ENG=LHAROT NOTABY PUBLTC - T,tlNNESOIA CARVER COUNTY rry Co'nln's.r. l-,i.33 Oct. ll. ISS N tary rjy 7 1- 1 I -4- ) ) ) ACCEPTANCE a ti.{ EXHIBIT "A'' That part of covernment Lots 3 and 4, Section 36,Township 116, Range 23, described as follows: Cornrnencing at the West euarter corner of said section;thence South along an extension of the West line ofsaid Government Lot 4, a distance of 14.65 feet,thence Northeasterly deflecting to the left I0Go2Ir3O"a distance of L327.05 feet to the actual point ofbeginni-ng of the tract of land to be desciibed; thenceconti.nuing northeasterly along last described. course170.35 feet; thence Northwesterly deflecting to the left89o15r a distance of 50 feet to a point maried by aJudic Landmark; thence continuing North$resterly alonglast described. course a distance of 473.2 feet to apoint marked by Judicial Land.mark; thence North-bresterly deflecting to the left 63038' a distance of 40feet to a point marked by Judicial Landmark; thenceSouthwesterly deflecting to the left 25o30' a d.istanceof 145 feet to a point marked by a Judicial Landmark;thence Southeasterly 545.52 feet to the actual pointof beginning, a point being marked on the last describedcourse by a Judicial Landmark, distant 50 feet North-westerly of actual point of beginning. 4"s).)I 4 I.i'r5 ., 1 'g fo:P \,o3ooDyp,,"rsK ? ! I \ oEzo =- 2 o A 9,51 n5 ri $ o) I -L-. l. -)".( uar*oh ar< sf , H T EICH P 486 ;d, B, BURSHEK ( 64, P 398 I I r ln. Mason 173, P 384 - c.D i E IL, SEVERSON t74 , P a86 EICH ','.? ri izb2\ ?c ?Irz ,} ! tl.ie I ,i .i 6 .-"{\g I ,,;;AA "e"$!L.-B* - No \z >a , L 20 t$ !1 c\{\G Ags ("v \€ ii. i.\? .{ 5t 17'2 ^ .. i< ,a ,t 1? |*3 01 r1Q eoig* ?.,l-Iil\J , B. a 1.,. PPE t5 c'Ez35'15 MAYNARD C. H BK 93, P 464 224 53 s870 '45"E Lt5 au $'r * L/ L,g( q Y:)iL \o 'r( o{r Aa LI I .^riGl g€3 . ctot---'?-.5 $; ,!( 5 1 509 II i '1""- | ;"-'") i I' i I I I I / I 1I1:- .I, i I I i I I i I / I I i I I ,\. "', I i r3 ,- I ]- I I{( I,AND DEVELOPIIENT APPLICATION CITY O,F CEANE,ASSEil 690 Coulter Drive Chanhasseu, MN 55317(612) 937-1900 DRESS Y1*rrr"*, . \-'tA MtEs- FR€EltliltlorNER: 4o C ADDRESS 3 VE qr-.3 Zip Code((7(z rp CodeTELEPHONE (Daytime )4+?, REQUEST ! Zoning District Change Zoning Appeal Zoning Variance Zoning Text Amendment Iand Use plan Amendment Conditional Use Permit Site Plan Review Planned Unit Development _ Sketch Plan _ Preliminary plan Fina1 Plan Subdivision _ Platting Metes and Bounds Stree t,/Eas ement Vacation Wetlands Permit TELEPHONE PRESENT I,AND US REQUESTED LAND PRESENT ZONING E PLAN DESIGNATION USE PLAN DESIGNATION ..4 ,i-Bf REQT'ESTED ZONING (,'' Xuses PRoPosED .a L N DSC^E D€<IG t\/ rf ltL€S -,. STZE OF PROPERTY LI \-EOCATION REASONS FOR THIS REQ UEST LEGAL DESCRIPTION (Attach legal if necessary) tFrflctlruautl' PROJECT NAME lj {t City of Chanhassen Land Development ApplicationPage 2 This application must be completed in fuII and be typevrritten orcrearly printed and must be iccompaniea-ry all information andEli?:_r:gyired by apglicauie-aiU:g;;i;.nce provisions. Before.tl1rn9 this application, you shoi:ld coni., "itt, it"-i!iiv iiinr,.,to ctetermine the soeci f ic- ord inan." "nI-p.".edura1 requirementsapplicable to your appri."ti""l-"-* -"*, FTLIN INSTRUCTI ONS : FILI NG CERT IF I CATION: The undersibned reoresentative of the applicant hereby certifiesthat he is familiai ,itr,-[r,"-ir;;u;;;ui"."quiremenrs of a11applicable City Ordinances. t6 lfat The unders authori. zeddescribed. igned herto make App r l.can t !ee Owner Recei ved /t: eby certifies that the applicant has beenthis applicarion for tt,"' p."p"iiv"tIrrii' ,1 6.r Dat e 3-ta-{( \.//\s igned By ,L l-,/'L Date Application Application Fee City Receipt No./T2-Pai d .-\ i-, ,,.>--')ll \r' 7s red byaL the Thi.s Application wiIl be consideBoard of Adjustments ana eppeais mee ti ng . the Planning Commission,/lr Signed By Date - q^t^S t \'r (,' - Yfr<- 5 20-222 CHANHASSEN CITY CODE *cs. 2O-222-2G230, Reserved. DIVISION 2. CONDITIONAL USE PERMITS Sec. 2G231. Application, public hearing, notice and procedure, The application, public hearing, public notice and procedure requirements for conditionat use permits shall be the same as those for amendments as provided in article II, division 2. except that the permit shall be issued on the allirmative vote of a majority of the entire council. Although specific submissions required to complete an application for a conditional use permit may vary with the specifrc use and the district in which it is located, all applica. tions for such permits must include at minimum a site plan that clearly illustrates the following: proposed land use building mapping and functions, circulation and parking areas. planting areas and treatment, sign locations and type, basic lighting concerns. the relarion. ship of the proposed project to neighboring uses, environmental impacts and demand lor municipal services. (Ord. No. 80, Art. III, S 2(3-2-2), 12-15-86) Sec. 2G232. General issuance standards. The planning commission shall recommend a conditional use permit and the councii sirr,ll issue such conditional use permits only if it frnds that such use at the proposed locattcr,. (1) Will not be detrimental to or endanger the public health, safety, comfort, conveni.rrlr. or general welfare of the neighborhood or the city. (2) Will be consistent with the objectives of the city's comprehensive plan anii tirr. chaPter. (3) Will be designed, construct€d, operated and maintained so to be compatible lri lp pearance with the existing or intended character of the general vicinitl'and r',ili n,,r change the essential character of that area. (4) Will not be hazardous or disturbing to existing or planned neighboring uses. (5) WilI be served adequately by essential public facilities and services, including srreet.. police and fire protection, ilrainage structures, refus€ disposal, water and scrvt r systems and schools; or will be served adequately by such facilities and sclvicr'' provided by the persons or agencies responsible for the establishment ofthe propo.t'd use. (6) Wilt not create excessive requirements for public facilities and services anri rriii tr,,r be detrimental to the economic welfare of the community. (7) Will not involve uses, activities, processes, materials, equipment and conditiou., rrf operation that will be detrimental to any pcrsons, property or the general wclllrt' because of excessive production of traffrc, noise, smoke, fumes, glare, odors. ro(lt'nts. or trash. (8) Will have vehicular approaches to the property which do not create traffic congest ion or interfere with traflic or surrounding public thoroughfares. 1170 ZONING $ 20-235 (9) Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. (10) Will be aesthetically compatible with the area. (11) Will not depreciate surrounding property values. (12) Will meet standards prescribed for certain uses as provided in this article. (Ord. No. 80, Art. III, $ 2(3-2-3), 12-15-86) Sec, 2G233. Conditions imposable on permits. (a) In revierving applications for conditional use pern:its, the planning commission and the council may attach reasonable conditions to mitigate anticipated adverse impacts associ, ated with these uses, to protect the value of other property nithin the district, and to achieve the goals and objectives ofthe comprehensive plan. Such conditions may include, but are not limited to, the following: (1) Controlling the number, area, bulk, height and location of such uses. (2) Regulating ingress and egress to the property and the proposed structures thereon with particular reference to vehicle and pedestrian safety and convenience, traffic flow and control and access in case of fire or other catastrophe. (3) Regulating off-street parking and loading areas where required. (4) Utilities with reference to location availability and compatability. (5) Berming, fencing, screening, landscaping or other facilities to protect nearby property (6) Compatability of appearance. (b) In determining conditions, special considerations shall be given to protecting immedi- ately adjacent properties from objectionable views, noise, traffrc and other negative character- istics associated with such uses. (Ord. No. 80, Art. III, $ 2(3-24), 12-15-86) Sec. 2G234. I)enial for noncompliance, If the council denies a conditional use permit, it shall state findings as to the ways in which the proposed use does not comply with the standards required by this chapter. (Ord. No. 80, Art. III, $ 2(3-2-5), 12-15-86) Sec. 2G235. Perrrits not personal. A conditional use permit shall be issued for a particular use and not for a particular I It icIll1 I-. (B:FIrI!>t--- ill: person. (Ord. No.80, Art. I , $ 2(3-2-6), 12.15-86) 1171 + CITY OF EHANH[SSTN P.C. DATB: April 5, 1988 C.C. DATB: April 25, 1988 CASE NO: 88-3 ZOA Prepared by: Olsen/v STAFF REPORT Fz C)J(LL Zoning Ordinance Anendment to Amend Section 20-263(5 & 7) of the City Code to Amenal the Lot Depth Reguirement for Installation of a Dock and One Canoe Rack/Dock Requirement. PROPOSAL: TOCATION: APPLICANT:Pierce Construction 3 915 Farmhill Circle l,lound, uN 55364 PRESENT ZONING: ACREAGE: DENSITY: ADJACENT ZONING AND LAND USE:N- S- E- t{- ,{odrna,r _-_- -_-_,_.ileiue,; --- -__hf.----...- f& lhbof pd t0 ,t.,iri1lssL *q-!g*-.IE Sr,l:-,.tii n ,:iL-till WATER AND SEWER: PEYSICAI, CEARAC. 3 19 9 O LAND USE PI,AN : ko UJta APPLICABLE REGUTATIONS Section 20-263 (7) of the City Code requires at. least 200 feet ofIake frontage for a recreational beachlot and requires at Ieast 30,000 square feet and 100 feet of depth for any recreational beachlot to have a dock (Attachment *1). The Planni.ng Commission and City Council commented that the variance was not justified but that the applicant should pursue a zooing ordinance amendment (Attachments #3 and #4). It was com- mented thaE the proposed site had adequate area and lake frontage(31,000 s.f. and 550 feeE) to support a dock and related act.ivi-ties and that review of the Zoning Ordinance would be appropriate. ANALYS I S The applicant has applied for a zoning ordinance amendmeot topermit a dock on a recreational beachlot without a mean depth of L00 feet and to permit more than one canoe rack per ilock. Dock The Zoning Ordinance requires a mean dept.h of 100 feet for arecreational beachlot to have a dock. The intent of the I00 feetof lot depth requirement for a dock r,ras to maintain adequate areafor the intensity of use related t,o a dock. Staff reviewedexisting parcels around the cityrs lakes which coulil be appliedfor conditional use permits for recreational beachlots(Attachment *5). The majority of the remaining parcels will beable to provide the reguired 100 feeE of lot depth. only along Minne{^rashta Parkway does the potential exist for recreationalbeachlots wiEhout 100 feet of lot depth. This is a result of thelocation of Minnewashta Parkway near Lake Minne$rashta. Staff feels the I00 feets of lot dept.h is important tso maintain inthe proximity of the dock because tshis usually is the area of Stratford Ridge ZOAApril 6, 1988 Page 2 Section 20-263 (5) of the City Code permits only one canoe rackper dock (Attachment *2). B ACKGROUND On February 22, L988 7 the City Council reviewed a conditional usepermit for a recreational beachlot as a part of the Stralford Ridge subdivision (Attsachment #3). The property proposed for therecreational beachlot is long and narrow with less than 100 feet mean depth. The applicant received approval for a recreational beachlot but was not permitted a dock since it did not have therequired 100 foot depth. The applicant had also requested three canoe racks with 15 s1ips. Since the recreational beachloL wasnot permitted a dock, the canoe racks were not permitted eiEher. higher use. To accommodate the sites depth of 100 feet but have enough l-ot support a dock, staff recommends thatincluded in the Recreational Beachlot Canoe Racks that do not have the mean area and lake frontage !othe following language be Regulations: The above language would permit docks on recreational beachlotsthat meet or exceed the lot area and lake frontage requirementsyet have a portion of the lot thaE is very narrow resuLting inIess chan 100 feet mean depth. As a part of the conditional usepermit process a site plan will be approved which will ensure EhaE the dock is located where there is 100 feet of depth. RECOMMENDATION - DocK Planning staff recommends the planning Commission adopts the f ol1owi.ng motion: "The Planning Commission recommends amending Section 20-263 (7) ofthe City Code to read as follows: Section 20-263 (7) - No dock shall be permitted on anyrecreational beachlot unless it has 200 feet of lake frontage and the lot has at least I00 feet of lot depth where the dockis proposed to be locat.ed. No dock shall be permitted on a recreational beachlot. unlessit has at least tiro hundred (200) feet, of lake frontage andthe lot has at least one hunilred (100) feet of lot depthwhere the dock is proposed to be located. No more lhan one(1) dock may be erected on a recreational beachlot every twohundred (200) feet of lake frontage. In addition, thirtythousand (30,000) square feet of land is required for thefirst dock and an additional twenty thousand (20,000) squarefeet is required for each additional dock. No rnore thanthree (3) docks, however, shall be erected on a recreationalbeachlot . " The Zoning Ordinance currently ties the number of canoe rackspermitted with the the number of docks permitted on arecreational beachlot. The code states that no more than onecanoe rack shall be allowed per alock. Staff feels the number ofcanoe racks permitEed should not be dictated by the number ofdocks permitted on a recreational beachlot. There may besituations where a canoe rack is appropriate where a dock is notpermitted or more than one canoe rack is acceptable. The number of lots which have use of Ehe recreational beachlotnormally dictate Lhe number of canoe racks (slips) that arerequesE.ed. The applicants typically request a number of canoe Stratford Ridge ZOA April 5, 1988 Page 3 Stratford Ridge zoAApril 6, 1988 Page 4 rack slips equal to the number of lots proposed (six watercraftare permitted per canoe rack). Therefore, il is difficult toregulate a maximum number of canoe racks for a1I recreationalbeachlots. Instead, staff recommends that canoe racks be a per-mitted use on a recreatsional beachlot and the number of canoeracks be determined as part of the conditional use permit review. This would permit each site mine the appropriate number be reviewed separately co deter- canoe racks. to of RECOMMENDAT I ON "The Planning Commission recommends amending the fifth sentenceof Section 20-253 (6) of the City Code to read as follows: No recreational beachlot shaI1 be used for purposes of over-night storage or overnight mooring of more than three (3) rnotorized or nonmotorized watercraft per dock. If arecreational beachlot is allowed more than one (1) dock, however, the allowed number of boat.s may be clusEered. Up tothree (3) sailboat moorings sha1l also be allowed. Canoes,windsurfers, sailboards, and smaII sailboats may be storedovernight on any recreaEional beachlot if they are stored onracks specifically designed for thaE purpose. The number of canoe racks shall be determined as part of the conditionaluse permit process. No more than sj.x (6) watercraft may bestored on a rack. Docking of other watercraft or seaplanesis permissible at any time other tshan overnight. " Section 20-363 (7) of City Code.Section 20-253 (6) of City Code.City Council minut.es dat.ed February 22, 1988. Planning Commission minutes dated January 6, 1988. Map showing potential recreational beachlots.Letter from applicant. ATTACHMENTS I z 3 4 5 6 ( ZONING $ 20-263 d. One [) percolation test per drainfield site where the land slope is betweenthirteen G3) and twenty-five (28) percent. (2) Areas where the land slope exceeds twenty-live (28) percent shall not be considered asa pot€ntial soil treatment site. (3) The sewage treatment system must be in conformance with chaptcr lg, article IV. (4) Schoor and day care uses accessory to the church uae are not permitted unlessapproved by the city council. (Ord. No. 80, Arr. V, S 9(S-9-1(Z), t2.l5{6) Sec. UL260. kivate stables. the following applies to private stables: (1) Stables shall comply with chapter S, article m, (2) Stables must be located a minimum of two hun&ed (200) feet from wetrand areas.(Ord. No. 80, Arr. V, S 9(5-9-t(8), 12-1586) Sec. 2G261. StsteJiceased day care centers. fire following applies to state-licensed day care centerr: (1) The site sharl have roading and drop off points designed to avoid interfering withtrallic and pedestria.u movements. (2) Outdoor play areas shall be located and designed in a manner which mitigates visualaad noise impacts on a{ioining residential areas. (3) Each center shall obtain all applicable state, county, ard city licens€s.(Ord. No. 80, Arr. V, $ 9(5-9_1(9), t2_l5€6) Sec. 2G262. Hospitals and heslth care facilities. I'he following applies to hospitals and health care facilities: (1) The site shall have direct access to collector or arteriar streets, as delined in thecomprehensive plan. (2) Emergency vehicle access shall not be adjacent to or located across a street from anyresidential use. (Ord. No. 80, Art. V, $ 9(E-9-l(10), 12-15-86) Sec. 2G263. Recreational beach lots. lI.e following minimum standards apply to recreational beach lots conditional use inaddition to such other cotrditions as may be prescribed in the permit: rA (l) Recreationar beach lots ghalr have at reast two hundred (200) feet of lake frontage. 1175 ( (4) (5) (6) CHANHASSEN CITY CODE No recreational beach lot shall be used for overnight camping. Boat launches are prohibited. No recreational beach lot shall be used for purposes of overnight storage or overnight mooring of more than three (3) motorized or nonmotorized watercraft per dock. If a recreational beach lot is allowed more than one (1) dock, however, tle allowed number of boats may be clustered. Up to three (3) sail boat moorings shan arso be allorved. canoes' windsurfers, sail boards, and smal sail boats may be stored over- night on any recreational beach lot if they are stored on racks specifically designed for that purpose. No more than one (l) rack shall be allowed per dock. No more than six (6) watercraft may be stored on a rack. Docking ofother watercraft or seaplanes is permissible at any time other than overnight. No dock shall be permitted on any recreationar beach lot unless it has at least tlvo hundred (200) feet of lake frontage and the lot has at least a one hundred-foot depth. No more than one (1) dock may be erected on a recreational beach lot every two hundred (200) feet of lake frontage. In addition, thirty thousand (30,000) square feet of land is required for the first dock and an additional tlventy thousand (20,000) square feet is r.equired for each additional dock. No more than three (B) docks, horvever, shall be erected on a recreational beach lot. No recreational beach lot dock shall exceed six (6) feet in rvidth, and no such dock shall exceed the greater of fifty (50) feet or the minimum straight-line distance necessary to reach a water depth of four (4) feet. The rvidth (but not the length) of the cross-bar of any "T" or "L" shaped dock shall be included in the computation of length described in the preceding sentence. The cross-bar of any such d.ock shall not measure in excess of twenty-five (25) feet in length- No dock shall encroach upon any dock set-back zone, provided, however, that the owner ofany two (2) abutting lakeshore sites may erect one (1) common dock rvithin the dock setback zone appurtenant to the abutting lakeshore sites, if the common dock is the only dock on the two (2) lakeshore sites and ifthe dock otherwise conforms with the provisions of this chapter. No sail boat mooring shall be permitted on any recreational beach l,t unless it has at least two hundred (200) feet of lake frontage. No more than one tl) sail boat mooring shall be allowed for every two hundred (200) feet of lake frontage. (_(2) No structure, portable chemical toilet, ice f'rshing house, camper, trailer, tent, recrea- tional vehicle or shelter shall be erected, maintained or stored upon any recreational beach lot. (3) No boat, trailer, motor vehicle, including but not limited to cars, trucks, motorcycles, motorized minibikes, all-terrain vehicles or snowmobiles shall be driven upon or parked upon any recreational beach lot. 4 $(7) (8) (9) (10) A recreational heach lot is intended to serve as a neighborhood facility for the- subdivision of rvhich it is a part. For purposes of this paragraph, the following terms t(11.) 1176 s 20-263 ( ZONING $ 20-280 shall mean those beach lots which are rocated either within (urban) or outside (rural) the Year 2000 Metropolitan Urban Service Area boundary as depicted. in the com-prehensive plan. a, b Urban recreational beach lot: At least eighty (g0) percent of the d.welling units,which have appurtenant rights of access to any recreational beach rot, shall belocated within one thousand (1,000) feet of the recreational beach lot.Rural recreational beach lot A maximum of fifty (80) dwelling units (including riparian lots) shall be permitted appurtenant rights of access to the recreational beach lot. Upon extension of the Metropolitan Urban Service boundary into therural area, the urban recreational beach lot standards will apply. (12) All recreational beach rots, incruding any recreational beach rots established prior toFebruary 19, 1982 may be used for swimming beach purposes, but only if swimmingareas are clearly delineated with marker buoys which conform to the united states Coast Guard standards. (13) Each recreational beach lot shall have a width, measured both at the ordinary highwater mark and at a point one hundred 000) feet landward from the ordinar_v hilhwater mark, of not less than four (4) tineal feet for each dwelling unit wtrich hasappurtenant rights of access to the recreational beach lot accruing to the owners oroccupants of that dwelling unit under applicable rules of the homeowner associationor residential housing developers. (14) overnight docking, mooring, and storage of watercralt, where allowed, is restr.ictedto watercraft orvned by the owneloccupant or renter/occupant of homes rvhich haveappurtenanr right of access to the recreational beach lot. (15) The placement of docks, buoys, diving ramps, boat racks, an. other struclures shalbe indicated on a site plan approved by the city council. (Ord. No.80, Art. V, $ 9(S-9-1(11)), 12_1b-86; Ord. No.80-A. S 1,6-15-82) Sec. 2O-264. Electrical substations. Electrical substations are subject to the follorving conditions: (1) The substation must be served by a collector or major arterial street as desginated inthe comprehensive plan. (2) The substation rvill not have sanitary facilities and rvill not be used for habitation. (3) The substation will be located on at least tive (b) acres of property. (4) A six-foot hillh security fencc shall surround the substation_ (5) A landscaping plan shall be submitted for city approval. (6) substations shall be a minimum of five hundred (500) feet from singre.family residences.(Ord. No. 80, Art. V, $ 9(5-9-t(18)). 12-15-86) Secs. 20-265-20-280. Reserved. rr77 _( a)/1 /.1 City Counci I l4eeting - February 22, 1988 DelErunent, r,,erd like to award you with thj.s plaque Chad ard thank you personally for your act. Mayor Hamilton: I'd like to congratulate Gtad ard certaj.nly thank you for your showirg outstarding cpurage ard timeliness in an irrcj dent like this. The world and our curmunity ard others like it can certainly use more people like yourself. Thanks again. STRATEORD RIDGE SI,BDIVISION, TOCATED AT 6830 MINNEI^IASHTA PARKTAY ON PROPERTY ZONED RSF, RESIDENIIAL S INGLE EAMILY, ROBERT PIERCE: VARIAI\ICE 10 TTIE RECREATIOI{AL BEACHLO4T ORDINAI,ICE FOR tOT DEPIH AND NT]MBER OF BOAT SLIPS. B. COMITIONAL USE PERMIT FOR A RrcREATIOML BEACHLOT. l4ayor ltamilton: This i tsn was discussed at the Board of AdjusUnents ard Review and it rras voted by a 2 to 1 vote to not issue the variance. Consequently, the appL icant viould like to have the Council consider this itsn. The reason given for the vote r^,as both Carol, and WiIIard did not liant to issue a variance to the LAg foot lot depth. l,ty feeling is that itrs one piece of property. Itrs urder one PfD nunber. It is one parcel and I'm not convinced that the 100 foot lot depth exists even though there is a roadway pa.ssirg through ttE property. It is one parcel. Itrs not tvro. You canrt build a house on the lake portion ofj.t. Itrs all connected. It was sold as one. Itts under one ownership. Perhaps Barbara could give us just a brief overview of this itqn. I think qre reviewed it previously but you might want to show us what our alternatives are here. Barbara Dacy: ltre applicant is requestj.ng in essence three variances. the first variancre is tlre depth requirsnent of Lgg f*t. In order to have a dock you must lave 2UA feet of lake frontage, LTg feet in depth and 30,090 square feet of area. The subj ect site does not tlave consistent lot depth of 100 feet. At the northerly part of the property, i! does measure 115 feet. ltcwever, the narrowest portion does measure 4g feet. Fifth, the variances granted to have the dock ard then the next request is to have four boat slips J.nstead of the required three boat slips. Thirdly, the nunber of canoe racks in the ordinance is tied to the nunber of docks. one canoe rack j.s permitted per dock. ltre applicant is requestirg tr,D canoe racks for the storage of II canoes. TtE staff's recormendation is based on the City Attorney's opinjon wtrj.ch is included in your lEcket. That recomerdation is to deny the varj.anc€ request. the Attorney's suggestion j.s to amend the ordinance rather than issue a variance. If the council is goi.rg to approve the request, the following sunnari zes a proposed motion. Agaj.n, the varj.ance shouLd be issued to the lot depth requiranent first in order that tlE applicant can receive the dock. Then the Counci I should decide on whether or not a variarrce should be grantd to allor^, one additional- s1ip. Finally, a variance to the nmber of canoe racks. Again, fiuo being proposed and none being permj.tted. tle'd also suggest that if a motion of approval is made, that the motion contain referenc.e to the Plan stamped "Received February 18, 1988". FinaIIy, in regards to the second itsn on the agenda, even if the variances were denied on aII of these itqns, ttp applicant still has the right to tEtition for Ehe use of a beachlot in a more A t +3 F Cj.ty Courc j.l IGet j ng - February 22', Lggg passive manner. That bej.rg a swinmi.ng beach, recreational area, etc.. Itayor Hanilton: I{e tnve mqnbers here in the ar:dience that r think hould liketo speak to this issue. Did you want to csrment again? lbry Jo I'loore: r live on Dartmouth Drive in ctnnhassen next to an Associationthat has a dock. rtrs gotten totally out of hard. r thi.nk this ord inance thatchantnssen came up with, it eras after a 2 year study based on the fact ttlat r€have too many of these associations arourd tle lake. They get out of hanl ard theyr re not maintained. rt's a good ordinance ard r think rre shourd abide byiI: I. have no objection, because of the size of this prolErty, I have rpobjection to a swirming beach, volleyball, r,itntever, canoes, 6ut I don't tlinkthey stnuld be allowed a dock. Thank you. Ray Rrttger, 3221 Darthouth Drive: I guess my cqrment was relative to the access road which has a dock on it. Was loaded with 6 boats at one time ardthen 5 and after a rot of bassle the city becanre invorved in it. the neighbors becane angry at us. Essentially, t}ey had not maintained it. They doabsolutely nothing to nraintain it or rernove the dock or [I.tt a painiing on theside- Ttrere are cans out there. whatever maintenance is required i; the dockarea. Ttrcn they became upset because they couldn,t put boat lifts out therebut it uasnrt just the 3 boats or the 4 boats or 5 boats, but you're talkingabout large pontoon boats. the last person t*ro parked the big pontoon outthere becarne upset because tlte rea.L tor told him that he could put any ard altboats on the property. So r,,e kird of irriicated that be better check it outwith the City. fb better check it out with the ord inancE before you go ahead and buy a pi.ece of pro[Erty. I think what I'd like to do, I feel like llary .fothat tte beachlot j.s fine ard it is a good size piece of property. I rtouldIike to see the City have sone nice develolment, scrne well done hcnes, expensive hones. Irm looking for a larger tax base but I think it stpuld bepoliced anl I thj.nk if, as ToIn j.ndicated, go along wi.th 3 boat s]ips. Ihat jt should rsnain at 3. Be cast in iron ard the people that buy the prolErty orthe lots know exactly wtro is to be alLor.red to put a boat at the dock. Itrat it shoulal be very carefully policed because, I don,t know if you want me to saythis but r didn't think the develolment to the south is reilly maintaining whatthey're supposed to be. There are boats out there tied to floats to get by theadditional dockage. Irm talking about the condominj.un develolment. Counci lfian Boyt: I feel that !,rtEt staff ard the Attorney recronmerxled that r^re not grant thj.s and ttry position lrould be, if rre need to look at the ordinanceagain, letrs look at ttre ordinance again. Irm not convinced ere do need to butI an clnvined that r^rie i ve got to live with the ordi nance re tnve. Councilnan Horn: I think r,,e've already comprcni sed our beachlot ord inance in one case. Apparently with some bad repercussions. I think in this case, the reason that r"e did that was, r€ said lhat the beachlot r^ras entitled to the sarnerights as a riparian tlorneor{ner r.ould have if they ttere to build a house on apiece of property. If I heard ttE staff report correctly, this is not a developable lot for a hone. ltrcrefore, it r^rou1d not have a hqne and be ariparian hcrneowners situation. Therefore, I don,t think it's necessary for usto cqnpromj.se beyord what $re have already done in our ordinance ard I rdould suggest that \€ go alorg vri tI staffis rec.omerdation. @unci lman Geving: I think that this is certainly a large piece of property J t 1 J L City CourEil !{eeting - February 22; Lggg ard by denyirq the variance r.E rrrouldn't be denying thqn reasonable use of theIand. they can still use it for a beachlot, for swinmj.ng and playing but itcertainly doesn't meet our ord inanc.e and I think I rrrould not be in favor ofgraoting the variance simply because it is precedent setting. I€ do have a msnorardun frcm the Attorney vrith his recqmerdations ard on that basis, I vrould stay with the staff and t}re Attorneyrs opini.ons that the var j.ance shouldnot be granted. Thatrs the erd of my conment. lGyor tlaoilton: I $,,ould just call your attention to one of the questi.ons tlEtthe Attorney, Roger Knutson, addressed. I felt that he asked more questions than he answered. that r.ras the issue of the 109 feet. r felt that his answerto that question, part of it is that you could count boti halves of the lot. The lot size requi rqnent. Iftat about setbacks, coverage and lot frontage? SoI think there are sclrE unansl^rered questions here yet. If it is in fact asingle parcel, anl Itm not sure how rte determine that. f'b)rbe Elliott can help us with that question. f Elliott lorctsch: Ird be happy to. I guess $,hat },ou're referring to there in Rogerrs letter is that unler the existing ordinance the road, beirg where itis, the proposd beachlot is one lot and the portion across the .oid is .separate lot under the existirg ord inance so it canrt be cDunted to meet thedepth requi ranent of the beachlot ord inance. t-I I t l4ayor tlanilton: Under our existing ord inarrc.e? Elliott l(netsch: ttrder the City's Zoning Ord inance. It regulates the beachlots as vrell as the zoning Ord inance in general. The existinginterpretation is that that rculd not be considered aII one lot. lltnt you didmention earlier at the prior meeting that he raised more questions ttran heanshered. I think, as Barb mentioned, he uas being rhetorical there. If youstart gettirry a d ifferent interpretation of what the lot is, then al] yourother zoning requirsnents such as setbaclrr.s ccnre into question too. Where you rneasure frcrn. That becqnes a question where you start to put your setbacks. The size of a lot and lot covereage. AII those things corne into question. I,byor Hamilton: I don't have a problen with it. I think r+e should probably address those questions. Elliott lcletsch: r think the basic reccnmerdation here is, if it's the feel ingon the @uncil that sqnething rike this is appropriate, ttle liay to address thatis rnt through a var iance but through an anen&nent to the ordi-nance. lrnder theexistirg ordinance you have our opinion that it doesn r t meet the test forgranting that variance. If the Council's uncomfortable with that position, rdtlat they should do is take another look at the ordinance. oncr-- the ordinarceis on the book, it should be folloraed and if you dontt like the ordinance, itshould be changed. Irayor fbmilton: Ib go back to Ehe point that Clark made too, I donrt thinkit's right. There can be riparian rights here if the developer decided to selrfive lots on the 1ake, those five lots rourd have riparian rights and you r.rouldjust deed that part of the property on the lakeshore to tho- five owners thathe has protted out on the front of ttEt. they rould tave L66 feet, is that ourordinancE? 100 feet of lakeshore? What's the minimum? -r City Courci I I'{eet ing - February 22, lggg Barbara Dacy: Of lot widti alorg the lake? l,layor Hamilton: Yes Barbara Dacy: 75 feet. l,tayor Hamilton: So he could have even more than that. Barbara Dacy: But based on our current ord inance, you r^rould in essence have togrant almost 5 lot area variarces for those 5 lots betr.reen the road and thelake. Again, because tlle current ord inance defines if you have a parcel that'ssplit by a road then each piec€ is a separate lot. l,tayor tlanil ton: I disagree with that. Then bV doirg that, in my opinion, re are taking his property. I€ are in fact forcing a hardship on him and the City better buy his property because what r,,er re te11in9 hirn is rre're not going to allow you to divide that protErty into five Lots and let hjrn ;rlt five docks out there ard the use of the lake for those people. tle can't do it ard I think thatts a taking. I v,,ould certainly see it that eEy. Irm not an attorney though. Elliott Knetsch: l4y response to that is, the City has the opportunity to impose reasonable regulations. Obviously, the word reasonable is not a clear cut stardard and I'm not sure I could teII you !*tat a Court r.'ould say. In our opinion, this ordinance, this does not arnount to a taking. I think he does have reasonable use of his property. I,tayor H,anil ton: Mr. Pierce, did you $rant to make scrne cEnments? Robert Pierce: Originally, wilen I drove by this parcel I looked at it and I thor:ght, rrow, look at the lakeshore re have. Therers got to be a way to have scrne lakeshore, at least 3 or 4 lots across there. We have 500 feet. So I went into jt a littl.e further ard I checked it out ard talked to the City Planner then I went to the Planning Conmissj.on meeting and at that point, at the Planning Conmission meetirg I went there for one reason. hltiple reasons but tlte one major reason lrErs I wanted to see the feeling and get sorne direction at that point because $re rrrere into a contract to purchase the property, ard see what they r.vDuld have to say. At that neeti.ng, itrs in the Minutes, it was preEty clear cut that, sone largr:age to that effect, that to deny us a dock with that tlpe of useage certainly [rcu1dn't be reasonable. That's the direction they gave us. I bel ieve r,re came in wit} a really light, light useage for this parc€l. fuain, like I stated earlier, I have talked to the nej.ghbors that are iiving o., ihe rprth arxl I had quite a long discussion today with the neighbors to the rear of the property, to ttE west ard to the south. Each one of then, I think, excuse me I should make reference that the one to the north really didn't care what went on. she just said, whatever vre'd like to do is fine with her but the others I think tould definj.tely Iike to see a deveLotment witl: a higher grade of hcmes in there. without the docks it's just notpossible. Plain and simple. t€'re looking at 15 lots. In my way of thinking, r.le can reduce the valuation on each hone by about $100r00q.99 Wr package whichis a million and a tnlf dollars to thj.s single subdivision. In tax revenues, I don't know what that would exactly cqne out to for the City but if ve could start thj.s out, in this develo[ment, and we could txrt together a nice lEckageof high quality trcmes, it htould make sense to re that the area that's III tt T_ developed, ard there j.s a lot of lard in that area that i.s going to develop at a higher qrality. I think that is certainly in the minds of the neighbors is areal plus. I hDuld think that also in the mirds of the City rpuld have to be areal plus to get rnore revenue out of it. AIso, there are beachlots I krrcw up ard dosm this road ard I know at scmetimes there has definitely been sqfleproblens. f urderstand, but very few of thsn have the width tlnt r*e do and ttre tI/tE of screening. We've been really cautious to try to meet the needs of ttre neighbors. !{e've rrrorked with the Cj.ty extensively trying to just IIEet everycriteria that they rould have. !€ $rould like to work it for everybody'sbenefit but re need the docks. Itrs an inportant part of this develogrnent. Otherwise it just changes it. ltn neighbors I think are for it. To me, the !,,ay rder re going right now, I canrt even have a dock on 9 acres. It's oneparcel. The taxes orE [Ercel. It's been taxed as lakeshore. Itrs just kirdof beyorri my thinking tttat lre cantt ;rtt this one dock in there. Itre neighborirg property, tfrs. Cargrbe[ just to the north, I talked to her today and they have not had a dock on ttreir parcel. Itey don't have the width. Ttreydonrt have the areas that tte do. At this point, without a varian@, that's not even lakeshore anl,more b€cause the ordinance has corcluded that. I think thereis sonething wrorg there. In order for us to do this project, ve need those and we will do a good job. I think it will be an asset to Chanhassen. It rdiU be an asset to the neighbors. If v,e're denied that, ard *e must go alongwithout it, then itrs going to be on a much less of a scale. plain ard iimpte. @uncilman Boyt: I guess I lvDuld suggest that there is a certain amount oflogic to hhat you say about having a long strip of lake frontage and not havinga dock on it. Itrs just that, my opinion is that rre donrt have an ordinancethat alloers you to do that ard to give you the variance to that ordinance is tobasj.cally throw the ord inance out. I don't know what tbe answer is. I canrecognize the problqn as being c€rtainly a legitj.mate problqn and a concernthat I rould have if I was in your position. I think rEybe vie need to look atthe oridnance. I agree, you mentioned during tl:e appeals situation that thatmight be a rathe! lergthy task, I suspect it r.rould be because itrs such avolatile issue. L r Robert Pierce: If I could make a suggesti.on. I don't know how long. If there would be soirE $ray to take a look at it, I'm sure it is volatile. I don't know.I have this develognent. It's going to go forward. !€,ve clrne to a point, the dock issue. Therers a period of time before rre can get the proj ect in tlegrourd ard therers a period of time before construction begins. I woul-d be more than hapFD/ to wolk with the City any vray possible, to make contacts oranything, but at the point that tlre first house goes in there, the $,hole toneof tte develognent is taken. If 5 rnonttrs later we get the docks, it doesn't EEtter - rt just doesn't rnatter. rt maybe will bring the value of those 4 lots on the front but the rest of it has already been set. f dontt have therrlearathol to get into a year. r just don't. r plain and simpre can not affordit. Werre in an econcrnic situation where this prolErty rj.ght nord can bedeveloped. It can be done rather quickly I believe. It can get it up and getit back to.a finished product rather soon. If roe wait a year, roe get into the economic situation can stop. I've had that happen before and it just sits. I lErsonally just can not gamble on that. I don't have ttre ability to gamble onthat.t :' City @urcil t'€eting - February 22, Lggg Courci lman Horn: lrlhere did you get tl:e impressi.on that a dock r,,ould not be aproblern on this piece of prolErty? It couldn't have been your read irg the City Counci I l,leeting - F&ruary 22, 1988 ordinance? J Robert Pierce: I,If,, frcm tlte Planning Ccnmission r',hen I r.,ent there. they talked about reasonable use. They said that, I think if you'd look i.n the Minutes I think youtd see that it vas clear tlEt tley said, Iet's give it to the Attorney. There must be a uay to do this without jeopardizirg ourselves. I knov, that you have had problems in different areas and t believe you're even in litigation on one on a different lake, or there has been sonethirg in that ordei, but the trro projects are totally, totally different- ltprers not anything in conmon to it. I{e're talking 5g feet ard then we're talking 500 fe6t. Sg f"et in width arrl I just feel like the r.rord reasonable is the key here ard I think re havd a very, very, very reasonable request before you' Hovlever it needs to be done but I think time is a problso. Also, r.e alo have, I don,t krpw if you want to go through it but IrE have a planner frcm schoell ard ttadsen here .na rc aia do the project ard he will explain litrat r.rerre planning to do dov,n there in a little more detail. It might be worttr lookirg at' l,tayor tlamilton: Does anltbody $Jant to see it? .I guess he still have the ao-,.r"arn. you've got 3Ir4O0 square feet which is over two-thirds of an acre, 550 feet of lakesiore and r,re'ie saying he canrt use the lake. I think tllatrs a Iittle bit h:dicrous. That just isn't right in my opinion. lb Put 3 boats on there with one dock. I guess tJte other corrern I have is, the request vaas for, I guess looking at tte o;dinance, it says r"e can only have one canoe rack for .u6f, do.f. It would sesn to me t6at ree certainly l€nt to review that in our ordinance. It sesns like that,s the tlpe of thirg rrre ought to be encluraging more places Eo have rather than discouraging and I vrould see if there wasnrt any aocX down there, I certainly can't see any reason why they canrt have t$'o caioe racks. As long as theyr re used for canoes ard that's the trlrlrpose for than, canoes or sailboats on the Iake is what you want to enclurage peoPle to use thsn for. Counci lman Geving: I vrould have a terrlency to agree with that Tom' I do agree inut g.ri. is a tiirty large lot. It doesn't meet the depth requiranents but on the other hand, '"p've got other situations wtrere it hasn't met the total area requi r<nents. I think ttrey're really the salle thing' But as far as reviewing tnJ-"iJi".... to provide f6r the additional canoe racks and for sailboating, I think that r^puld be a terrific enterprise in this particular develolment U""ir=" it r,nuld lend itself to that. You've got a nunber of lots and any time you g"t a dock with 3 or 4 boat slips, you're goirg to have contention for tho"". BJt on t1,e other hand, if you could tave, let's say 2 canoe racks with 12 canoes potential, you'd have emugh for your neighborhood that youtre proposing it . pi"r.".- I agree with Tcm, I think that tlas to be looked at. ilen thouqn I,m o[posed to grantirg the varianc.e, I think the ordinance itself could be ievised to reflect scrne new conditions' @urcilman Horn: r agree. r think that sta)trs within ttE grrpose of ttE intent oi the ordinarce. I ihj.nk we c-ould make an exception to lot area size to the one canoe rack. ltE probldn always cones jn when you start tnvinl permanent dockage of boats. Canoe racks typicaffy are not a lake congestion issue' Ihat r,rould be worth taking a look at Lut I agree, ue shouldn't do it as a variance' !,rayor Hamilton moved to approve the variance to the Recreational Beachlot at 68J0 Minnewashta Parlsay ior lot depth requirenent of 100 feet ' To aI Io$' a L T :, l1r?1r-= _l City @urcil !,leeting - February 22; lggg dock to be constructed with three (3) boat slips and alloe, t$ro There r,ras no secord ard motion failed for lack of a secord. (2) canoe racks.t- Erliott lcretsch: l'tay r make a sright anendnent to that and suggest that you move to have staff prepare Firdirgs of Fact consistent with denial of thevariance and the actuat decision r^rourd be uade at tle next meeting when youhave those E irdings of Fact. Counci lman Boltt: Ird like to ask ktly i€ need that? Elliott Iaretsch: Therers a requiranent that you have Firdirgs of l.actsupporting your decision stating contanqnrane6usly with your-decision. Counci lman Bo},'t.: Rindings of Etsct? lib have it. Ylhat would you call the AttorrEyrs letter if not Counci lman @ving: It wculd be just a restatsnent of that. councilman Boyt: r don't urrlerstarrl wtry r€ have to put that off until nextsession if ve have all the facts r,,re're loing to have. Erliottt lttetsch: rte letter doesnr t address all tte speci fics that te ruayerant to inclr.rde to sutport ltour Findings. IE havenr t listed exactly rrtEt youI,rant on there. CounciLman Ceving: ltris is not unusual. courci lman _Geving mwed, counci lman Hom seconded to d irect staff to prepaleEindings of Eact consisteot with denial of the variance request to theRecreationar Beachrot ordinance at 5930 Minnek ashta eartcr*ay ard to direct staffto reviee, the ordinance for the change in the potentiar foi a greater nunber ofcanoe racks for this particular rot. Alt voted in favor excepf lr-yo, Hami ltonlrtro opposed and motion carried. COIIDITIOIAL USE PEB!'IIT FOR A REREATOI\AL BEACHISI. courEilnan Boyt: cary t bel ieve you mentioned int he packet that l,rinnewashtawas being, at least in the distant future was 1ooking iE four 1anes? Gary !{arren: We said rre lfre looking to l4ryrade possiblities. Subsequentinformation, the G6 foot right-of-way out tiere rrcurd be sufficient for that. CourEilman Boyt: gthen I looked at tl. map of the beachlot, f ranatber thestatenent about tirnbered walls. llhere r{ere the walls goirg to ue timleiea onthe beachlot? r didn't see that on the rnap or r didn'i pi6t it ooi or-tn" ,.pif it uas there. Barbara Dacy: you rnean the steps down to the Ftheralr? Counci Lnan Boyt: Ihat a tirnbered wall would be built. lttatrs the referencethat I have. t_ L -at T Robert Pierce: Itrs the steps going down. discussion about...Steps or a ramp. Ihere, s been scrne @urci l,oan Bol.t: r can uDderstanr the reccnmendation by the fire EEopr.e tolook at a ramp- r wourd. think a ramp might create sqne erosion pio *n". Aresteps less of an erosion induc,,,er than a ranp Garlr? Gary t{arren: An}.thirq that rDuld minimize the rate of rurpff tlpicarry helpsto aLso minimize erosion. rhe faster the r+ater goes over ttre r;.d, th3 nrorepotentiaj, there is for erosion so the ramp, as )rou're saying frcm ihaiperspective l.uuld be more an erosion tazaia. - Barbara Dacy: Ttris issue cane q) with the Kurvers point recreational beachrotanal r think the ap5rlicant can rook at a design wtrere you nourd have i i.*p pro,a longer sel 9f steps so you r{ouldn,t have a straight sl.p. a;;; trcL*narea - r think the main intent frcrn the Fire oepartnent 6s to rnake sure thatthe. step6 -weren't designed so that they could eisily rorl "ti.t t.i"-"i-wtntever down there. I&.ve got tlre lest of both rcilds on both option;. Iheone to control erosion arrl the other to facilitate access. courcilman Bo!.t: r knoe, r€ all have our points of scncern here and that rmsjust an issue that I r,ranted to bring W. ItE last issue is that i-f."i ,*should rnake scme effort to preserve-tG shorerine rihere you,re not having abeach area. r lould propose thar one cordition of ;pp;;;r *"iJ -r.-*i,"L itrernain- natural aII along the shoreline except r,itrere the sand beach isinstalled. I II Robert Pierce: lhyor Hanilton: into the Iake and I think that's hfiat my proposal had. I think. along the beach not there are trees that have fallenthere is a lot of garbage along the lake. Robert Pierce: wtren r mean naturar, r think ,,e want to clean up ard improve itbut i*Et LE sant to do basically is leave intact anything that,s ;iir" -=.rrd flourishing ard holds our bank in. t'tayor Hanilton: r think- ertEt Bill may be referring to hor.rever is to keepingthe weeds -growirg near the rake. r d6n't know if fh"t r^ould irt iuii It= *" otyour lot down there or mt. Robert Pierce: ftre sand branket area tlnt r€ have there is probabry the area 1!1!_1e-:*. for swinming rnostly. rhe rest of it r hadn,t reitly piinrr.a onEryrng to change it much other than clean it up. !.layor tlanilton: you may have a volleyball crurt or something. tiobert Pierce: It hould probably be on the sanl area. Dave Prillaman: r live on Red cedar point for 25 years. No&, r just heardscnething that really bothers nre. you. re talking about a 4_Iane highway -:?.$rc"!*.park$,ay. you can forser rhen tte-teactrioi iJ-""*r,i.,g-i. a"wrul rt rt you,re going Eo have 4 lanes going down there. L City Council freeting - February 22, i-:ggg City Council l,leeting - February 22, lggg l4ayor t anilton: Therers no proposed 4 lare highuay on MinrErdashta earknay. Dave Prillaman: Isntt that r"*rat I just heard? l.hyor Heilton: Scarebody just asked tte question. Itelz said, rn, there is not a proposed 4-lane higtmay. Dave Eillanan: Youtve got 66 feet for right-of-nay? fbw wide ms tlnt roadgoirg to be? cary !6rren: that road would be maxjrn:m 44 foot road section tiat cluld ultimately built. Dave Prillaman: tlrw wide is it now? Gary Warren: That road nov, is maybe 3I-32. lrayor Hamilton: lierre not planning on any widening. Yourd Probably have an argunent wittr me too. I donrt have that either. I'ly motion r,rould include the five corditions by the staff also. councilnan Boyt: lihat about keepirg the shoreline natural? Courc i lman @ving: ...will be pretty natural anl my BilI. I thjnk theyrre trying to rnake this a receational area but I think they want to clean it up, not destroy the natural beauty of it. I have no problan with amending my secord to include that. l4ayor itami lton moved, Councilman Geving seconded to approve Conditional Use Permit #87-17 for a recreational beactrlot subj ect to the followirg corrJitions: 1. the recreational beachloE shall not have a dock or canoe rack (s) unless a variance to the lot depth requirenent is granted by ttt3 Board of edjustnents ard City Courcil. the proposed dock shall not have 4 overnight slips unless a variance to tle ljmitation of overnjght storage is granted by the Board of Adjustrnents and City courri 1. 1 A1l additional standards establ ished for a recreational beachlot in the zoning Ordinancre must be met. A tree rsnoval plan must be suhnitted to the City ard Dt\lR for approval prior to any alteration to outlot A. t r t Llave EEillaman: I guess all Irm saying is, if we're going to have this freenay, you can forget all the rest of it. AII that road needs is to be maintained. It doesn't need to be any wider. Ihe speed limits are not adhered to there now. Iet's just donrt, I kncru this is besides what you're talking about, but you're going to have an awful big argunent with me if you widen that road. !-,roti)e)City Council lfeeting - February 22,1988 t"layor Hamilton: I r^Duld hope that you r.rould meet wittr staff as soon aspossible to discuss the possibirity of requesting a chaoge in the ordinance andI'd be happy to work witi you on it also. If you don't want to request it, Iwill. I think it's scrnething hE should be reviewing and getting on with. Robert Pierce: Ir11 call thsn tonorrow. SUBDIVISION OF 2.5 ACRES INIO FIVE SINGLE MMILY LryIS ON PROPERTY ZONED RSF, SINGLE FAMILY RESIDENIIAL ATiD LOCATM EAST OF AIID ADJACENT 10 MINNEIIASHIA PARK9AY APPROXI},IATELY T/2 MILE NORTH OF T1{ 5, SCHIBBA-WINCHE.L, APPLICANIS. Barbara Dary: Ttte property is locatd east of ard adj acent to MinrEwashta Parkr,,ay. the protErty is zoned RSF, Single Family tGsidential. Itre parcel isoutLined in green on this overhead. The planning comission discussion focused on tsro major issues with one of the major issues having three subdivisions, if you wiII. One r^ras lot size ard the secord one was access ard that cruld bedivided into three issues. DrivevJays versus an internal street. potential variance request ard third, the maple tree that,s located in the property. I'dlike to address tle lot size issue first. As you are all aware, the singlefamily zoning district provides for a minj.mun lot size of J.5,660 square feet. There are a nrnnber of adjacent protrErty owners in the area that r,rere requestingthat the @uncil look to reducing the nunber of lots in this subdivision sothat the proposed 1ot sizes would increase and be more cqnlErable to the lot sizes existirg in tte area. The Planning Cormission discussed this at length and directed staff to bring, an issue back if you refer to the discussion, there was no action taken on thj.s particular itern. However, the Council should be aware that the proposal does meet the minimun requilsDents of the Zoning Ordinance. All of the Lots did contain 15,000 square feet as requird by the Zoning Ordinance. If these adjacent property owners riDuld sell theirproperties or sqne time in the future if ttre properties were to be subdivided,the same requirqnents r,rould be imposed. Councilman BoyE: How big are those lots? Barbara Dacy: Ihe adjacent lots to the east are, I woufd say at least an acre ard a half in size ard nraybe scrne of the property owners are here arrl couldverify my estimate. As to the second issue of access, one of the issues r,las whether or not a variance request $ras necessary for tvD driveway accesses onto Minnewashta Parkway irtrich is designated in the Ccmprehensive plan as acollector. !€ asked ttle City Attorney to respord to that issue discussed by the Planning Ccrmission. His letter is included in your [Ecket. In essencehis opinion was that the ordinance prohibits access from "irdividual lots" meaning if there roere 5 driver*ays proposed for 5 lots, that r"ould beprohibited. However, sincre the proposed driveways are shared, that does not T 5. The appl icant shall provide a detaired grading arrl erosion control pranfor ttre recreational beachlot for staff approval. 6- Tte appr icant shau keep the shorerine natural except where the sard beachis installed. ALI voted in favor ard motion carried. -ri J { I Planning Commission Meet i ngJanuary 5, 1988 - page 2A A. SUBDIVISION OE 9.04 ACRES INTO 15 SINGLE FAMILY LOTS B. CONDITIONAL USE PERMIT RECREATIONAL BEACHLOT.FOR A c WETLAND ALTERAT ION A CLASS B WETLAND A PERMIT TO CONSTRUCT A ND E OR CONSTRUCTION W PUBLIC STREET I.IITHINITHlN 2gg FEET OF ACLASSB WETLAND. tarry Brown presented the engineering departmentrs staff report on theStratford Ridge Subdivision. Headla: That sedimentation basin, when r was rooking at it, it rookedIike it would be 5 feet below the street level. fs ihat right? Brovrn: The elevation at the botton of the pond is 96G and theelevation of the roadway is approximatery 912. This invert of thestorm sewer pipe is approximatery half a foot, vre1l it's glo.s uuo.r"this. During the 100 year storm, the maximu.'""p."iJy tn.i it,"expected to maintain, the elevation h,ould be 95g. ftris is well belowthe provisions of the roaderay so we wonrt re c.".ti"q- a p-rourem there.The one problem that does exist is the park and Recreation commissionhad proposed for a trail_easeme-nt along ll i nnewa srrla- ;.;k;;;. During -.!he norm,al storm,_ say l0.year frequen6y sLorm, you can fit'a trail ' lrough here fairry readiry. Therers not many obstacres through there.\t will be up out of the ponding area and won-rt be a froULem. Theproblem does come in if a 160 year storm does o""rr, i" *uy "t..tencroaching upon the trail but I seriously doubt that manf people aregoing to be using the trail during a 166 yeax storm. Headla: Ho r., do you get the water fromJust a culvert under the road? the sedimentation basin out? Brown: Yes, the watershed has reviewed this and with a baff r-estructure here, it wilr fl0w into Lake Minnewashta. certain provisionscan be made to bring this outlet back further and rip rap it out but rdon't think that wou-ld be very uar..,tig.orr=. The sedimentation i.strapped in the basin and there won't be anything... Headla: Is all the water coming out of t.here going to stay on thePierce property? The grade in tne land k.ind irr.ir.." i;-li".p on goingsouth. ?he drainage out of the sedimentation basi.n. Vou """ lt,.headed southeast- why didn't it go more east? rf you heal southeast,it's going Eo continut flowing to the south when it'g"t.-pJ"t the road. that comes fr om ser.rer Sys tem. here. t Brown: I think they made provisions. The drainagehere is trapped through the roadway system and stormflows jnto the sedj.mentaEion basij.nt th"n goes out IT L1--a f1_84:I9IS_!199E susprvrsroN, LocArED Ar 6830 MTNNEWASHTA pARKwAy oN1_3qE_E_EI_IZpgE-S!_q.-ElEEMl4_LECr.rnEni-r,v,-tttttT=pie#- L Planning Comrni ssion Meet i ng January 6, 1988 - page 2I ,J -I {. eadla: Okay, r ight ne east side of thethe south. Are they there. It doesn't get to the lake. It getsroad but then the grade tends to make it f Iowgoing to pipe it right down to the lake? to to Bro$rn: That was my understanding. Is that correct? Ted: Yes. conrad: Therers a 1ot of property that could be developed around thereand I guess I still see a benefit of creating a pond. Not only forthis project but for others to the north and to the rrest. Why not? fsthe elevation prohibitive of redirecting the front properties to drainto the rear to a pond and hov, come thatrs not an alternative? Brown: Basicly the initial submittal had the pond in this area and we made them relocate it to facilitate some of the natural drainagepath. This area over here, BRw had analyzed that in their report. Ontheir sketch they had picked out specific areas, J.ow lying areas, thata pond could be facilitated. Unfortunately, I don't have an overhead ofthat but it is in your packet. That was not one of the areas they hadpicked. Because they met the 100 year frequency, it worked in with theside slopes of these lots and the existing drainage patterns, I feltthat it $ras adequate. That certainly is an alternative that could beexplored but I felt that this pond... - Conrad: TelI me a little bit about, if you had a pond back there, like '/ t canrt hoId, what $rould you do with the pond that was there? tilould\. ne assumption be that it could hold a lot of water or would you still- - have the same type of outlet into Minnewashta? Without looking at thesite I have no idea what the hotding capac i ty would be back there but would you potentially have to have the same type of outlet that you - currently have on the holding pond thaE you planned in this particular map or could a pond be self contained? It flows in and j.t just staysthere. Conrad: How does a study, like BRw, how did this get funded? The BRWportion of alternatives. What prompted a study and who funded that? Brown: BRW has been one of our consultants, for a while, to explorethis, we used BRw because werre concerned with Minnewashta parkway - Brown: You would have to have some sort of outlet. Eventuall,y that pond is going to reach capacity. I know that the neighboringproperties are very concerned about this area. I think that was one of - the major reasons for the placement of the pond over here. Not onlythat, obviously werre limited by the property boundary and the slopesin the ditch area now. Like I said, I haven't got it down to brasstacks whether a pond is feasible through here. There could be some- shifting of the proposed grades but I think you would have to outlet it someplace and Irm afraid Ehat that alternat ive would be bad for Lake Minnewashta. -1.- -!eing a collector street. werre worried about the aspects of access { lto l"linnewashta Parkr.ray. There are certain problems, as you're )robably more than aware of, of sight distance and speed on Mi.nnewashtaParkway. For that very reason, we wanted to explore what restrictionswe needed for Stratford Ridge such as th j.s entrance and also tofacilitate future development. If this piece goes, it's fairlyinevitable that the surrounding pieces wirr do that so we had to rookat once these pieces start coming in, how are rre going to facilitateutilities through there, the roadway patterns. conrads Did that come from your office or did the city council directyou to do that? Brovrn: Yes, it came from our office. Conrad: Okay, and then how does that get funded? Who pays BRVi fordoing that? Is that just a budget thal the city has? Broh,n: Thatrs a budgeted item, yes. lle often use consultants. Conrad: Yourre just talking to us about engineering facts. Jo Ann,yourre going to be talking about other things. enyitring else forLarry? Jo Ann orsen presented the planning department's staff report on theStratford Ridge Subdivision. Planning Commission Meeting January 5, 1988 - Page 22 ( \cnrad: Woutd the applicant. like to talk to us on whatpresented and any other comments? uras just Ted Kenner, Schoell and Madsen: The tv,ro questions that Jo Annspecifically brought up were the area of the property and we havecalcurated the area of the property to be 9.04 atres-. Thi.s apparentrydisagrees $rith the tax area which is substantiarly 1ess. someitring inthe 5 acre area. r have not seen the tax statement, but it is actriarlya 9 acre parcel. As to Lot lr Block 2 I understand by look ing at it,it does not appear to have Ehe ]-s,uoa. rf you take tle dimenJions thatare shown out of the plat, that does not carculate out but Ehose arethe dimensions to the curves. rf you Eake Ehe length of the lot timesthe width of the lot, h'h ich is 140 feet long by fOg feet wide, itcarcurates out to be 15,L26. so when the plat- is finarly calculated,that lot will be nade to be a LS,Ogq or larger and it wif l be uased r,, i th- that configuration. r guess r don'|t hlve any other issues unressyou have questions. Headra: on the 9.04 acres, Jo Ann remember early this farl when we had ;rlt3E-llilI?'s.properry and I asked the questiorr, in" area they stated,drcl that include the highway. We were Ealking about TH l0I, and yousaid no, thatts not normally i.ncluded. when i look at the arithm;ticon-this property, j.f I measure strictly the envelope, I come up with9.04 acres. That includes Minne$rashta parkl,ay. fi f take off t -'"rinnewashta park*,ay and the rakeshore, r come up with 7.55 acres erhich(: ::.::,^.:. ::*-1?I". property was and that's really what you,re tryingro develop. If you take away the outlot, itrs reall.y 7 acres thatyou're developing. Do you agree with that? It depends on how you figure it. I rrould say thatProperty is the entire parcel less the area that isParkr,ray. The area in Minnewashta parkway is aboutan acre so you still have 9.3 acres of land area. the 9.04 did include the highway? Ted Kenner: That is correct. yourve got three_quarters of an acrebetv'een the road and the rake in there-or about seven-tenths of anacre and that is not within the plat itself but iE's stirr land areathat is developable and is taxed] Headla: I give you credit for a little bit more area than that. Okay,I wanted to nake that point. Can I see your arithmetic on Lot l? I,vetried and tried and tried and I ".;;;a "o*" rp with the, if you couldjust sketch it. Give me the overall aimlnsions ana tfren'tli *" go o,to something eIse. Planning Commission Meeting January 6, 1988 - page 23 Ted Kenner: developable Minnerrrashtaquarters of HeadIa: So Ted Kenner: OveraIl, HeadIa: I get 130. / i0. Ted Kenner: All Irm using is the scale. Headla: I'm using dimensions right off the length is I40 feet. If I take this 100 and this 15 and this t5, tha t,s the in three- Ted Kenner: Okay,lot was set up is that's the way Itve based on sca le. print. it and that,s the way the I can see dimensions onunder. It does not meet Can you i t is? the based Headla: I donrt believe itts L5,6qq. UntjI :l: llllt that says that, r trrini you're wayEne mrnrmum ot ]-5,Agg. Ted Kenncr: f guess I,m confidentcalculations.that it does just based on my Headla: what does Ted Kenner: Thisat this point. preliminary plat mean? i.s a preliminary pIat. Thj.s has not been calculated Head 1a: But if _ slide anythj.ng we approve this, what are we really approving?around like you erant or are ere upp.orring this as 1.- Planning Commission MeeEing January 6, 1988 - page 24 OI sen: ?hey haven't made mensions with the final{\ Ol sen : blocked the final calculat i onsplat to match the t$/o. but we check the 1ot You canrt change. Headla: What do you really change on here? Irm not sure I reallyunderstand prel imi nary. oLsen: The preliminary you'll establish the rot layout and the rotdimensions and the square footage. The final prat, it just comes inwith just the lot lines. That's when yourve done the f-inalcalculations. So vrith a preliminary piat sometimes you,lI get a lotthaErs 110 wide and then the final will. come in and it rnigni feactually 112. Headla: so you're really just fine tuning some of the dimensions butthese lots arenrt going to slide around anymore. I guess I want tonake very sure that does meet tbe minimum requirements. r don't knowhow theyire going to achieve it. That's all I had on that. On thedriveway, on the outlot that yourre suggesting, are you going to bedoing any grading on that driveway? Are you changinq thL level of thatat al,I? Tedir (.,aara: chang j. ng Ted Kenner: When you say Headla: The one d i rectly Ted Kenner: HaIIgren I s? Headla: Yes. that house, rvhich are you talking about? to the west. Kenner: as is.The plan is to not do anything in this area. Just leave Right along here. There is concern that this driveway not beat all. So you vron't be doing any grad j.ng in there and you aren't water flow at all then? Ted Kenner: No. It will only be constructed from Minnewashta Parkway up to Stratford Drive where it goes i nto the development. Tha t will- befinished, the roadway up to there. Beyond that will remain the gravel driveway that presently exists there. Headla: Fine, there $ras some concern and I just wanted clarj.fication on that. when you're doing this, and thj.s is kind of a question that comes up at different times, there's only one vray into that house, vrhat happens if there is an emergency up there? Is there always going to bean access to that place? When you're putting in that 50 foot road, howis that person, in case therers an emergency, how does that house get served ? ( Planning Commission Meeting January 6, 1988 - Page 25 Ted Kenner: They the driveway through there so they-()uId get th rough Headla: Even when you're building thaE 50 foot road? Ted Kenner: Yes. Robert Pi Headla: what about on the northeast corner r.rhere r thi.nk it's Mrs.- campbelr lives now, her property goes right into hei ariveway and rthink that's been common knowredgL in the area for some time. whathappens to her? rs she just out of ruck now or maybe the builder can- tell me, how is that handled? would maintainat all times. _ 6r iveway erce: Thatrs been addressed.purposes.There is an easement for Ted Kenner: Just one comment on that. Since that was drawn, we havegotten additional information on the exterior boundaries and they h,ill- be-shif ti-ng a Iittle further from her house on the north side anywayand.possibly right to the edge of the driveway. So lt" -aii"e may notgo into our proper ty. Headla: How do you people feel about that trail going alongMinnewashta parkvray and then that 6 foot drop-off theie? Then you've -g::^i |_I._?t vr3te.r, p.ond along the parkr^ray an-d then you,re going-to hivenomes Ehere. rs that going to be a problem for peop-Ie on ihe 6ikefrair or the homes that are right thlre that havi sirarl childrena - Robert pierce: At this point, I guess I donrt really kno$r. Itrs alittre hard for me to visuarize how the trair is going to go in until rrearly se.e where i t's .going to go. r do know thaf wit-h the proper - randscaping and the right gradei, t think it can be done ina maae tolook very nice. I guess i-t wou.ld be up to whoever is using the trailto use it in such a -way th_at, if they'ie going at such a aieed that. they-canrt stay on the trair or whate-ver, r guess thatrs where probrems-would come in but that could be anywhere aloig the trail. Headla: Do they grate that thing or what do they do? Brown: There is plenty cf room for the g foot trail. Where theproblem comes in is actually the 2q foot easement area that,s normally. required- There's a probrem erith overlapping the drainage easement-with the trait easement and that was my miioi "o.rcern. there is morethan enough room to get an 8 foot trail in-there. That obviouslydoesnrt arleviate the possibirity of reaching rnaximum capacity oi th.-pond and occasionally running over the top of that traiI. I ih inkEhatrs the problem at this point. As far as the question we weregetting at before about the pond bej ng close to the residential -nej.ghborhood right there, we have required ponds on roughly aII thedeveropments. one crassic example i.i over here on the -sad-atebrook. Thatrs probabr-y the biggest ponding site that we have and that again is -7 f Planning Commissj on Meet i ngJanuary 6, 1988 - page 26 adj acent to the So if werve Itrs possible that when streetsstraight down from Stratford to rearyard so I really don't foresee we set a precedent, it done other places? i sn't going any direct probletn. to be any di fferent are approved Ehere that jt wj. llthis driveway but. . . lots, I don,t have a problembad plan at all for thesee how it would fit with the Headla: than what Bro$rn: That I s correct. Headla: I was looking at that hoping to bave the water go back theother way. The other one, rrm concerned about the wetla;d to thenortherest, but we can tark about that. My onty other comment is, r rrasreal1y disappointed in ttle_BRW maps. tt"y irrs€ bfatintfy went rightthrough the wetlands and they are suggestin-g these ar" ,iere the roadsshourd go- rrm not going to belabor the point except that r thought itwas inappropriate to do. you heard the discussion tonight. we'16 veryconcerned about wetlands and then something that the viftage wirJ.sponsor, we blast a road right on through. Brown: I think that can be addressed by, initially and Jo Ann canconfirm this, initially ere didn't think that area was a rretland. As Istated before, rdhen the applicant subrnitted this at first, that was$rhen $re ordered the overview by BRw. shortly thereafterwards, the areaback there in the northvrest corner was analyzed as a low crass wetland.So itrs not a real obvious factor when you'ie out there trompingthrough the site, that it is a wetland. Emmings: Irve just got a little bit here. On the condition 2, Jo Ann( it- says Lots I through 5 and I assume that's Block 2 that you'reL talking about there so r guess rrd like to, whoever makes the motion, rthink we ought to include Brock 2 in Ehere so werre sure we know whichLots I through 5 werre talking about. Then, going to condition I,ererre.tarking about the right-of-way souEh of Lots 7 through rg wil.r bedesignated as an outlot. Do r understand the reason that,J being doneis to avoid the double frontage question? O1sen: Mostly itrs just so the city would not have to maintain adouble frontage. Itrs indicated as street right-of-way right now... Emmings: Why arenrt vre doing the same things then at least Lots g, 9and 10 of Block t that we're doing on Lot 2 for the doubre frontageIots? olsen: Technically right now itrs not actually a double frontage rot. Emmings: we are creating double frontage Iots right? ol sen : j ust go Emmings: As far as the double frontage w j.th that. I don't think the plan is aproperty. I,m glad that they looked to t -( Planning Commi ssion Meeti ngJanuary 5, 1988 - Page 27 deveropment of the neighboring properties. r think thatrs been lookedat. r guess r donrt have any trouble thinking about a variance forthose because vrerve already said we want lot depth to be 125 feet andin fact_they may not need a variance at arl if the city council goesalong with that. r do hovrever rike the idea of having additionalIandscaping $rhen there are double frontage lots. The only thing Ihave troubre realry conceptuarizing in this plan is four of ttoie lotsin Block 2, such as 2,3,4 and 5 real1y, it would seem to me there issome kind of mushy language in there that we recommend that the housesface the internal streets but r would think as a matter of fact, you,dwant to build those houses to look at the lake. orsen: what that means is.that it emphasizes is they must be clearedfor a driveway. what ere would consider the rear oflhe house theywould consider the front. Emmings: That makes it perfectty clear. No$, I understand. I donrtcare which tray they go but as long as they have the access off theinternal street and they've got some add j.tional, when we say they'regoing to have additional screening, thatrs on the parkvray side rightZI donrt have anlrmore questions. Erhart: On that BRW plan, on Option A,access from Mi nner./ashta Parkway? how are they going to get Olsen: Option A is showing it to be accessed from the north. (. Erhart: And that street exi.sts? Olsen: No. I think what they rrould probably do is put a service roadwhere this dotted Iine is. Erhart: And that not being up with double frontage lotsdouble frontage lots. good J.dea, for that purpose we endus Option B. Option B gives us with such a g i ves O1sen: But theyrre building this already. Erhart: Really, the BRW plan is the one that gives us the variance. Poss ibly you could have drawn up a street plan and prevented any doubl efrontage lots. Brown: If I could interrupt, I think as pointed out in the BRW report,that there is a large number of possibilities that one could tay this 9ut. Again, one of the other pojnts that r,ras brought out in the reportis the ability to develop this area is going to rely on a developer topackage several parcels of land together. That may not happen. Someof the homeowners have already expressed that no, my land will never bedeveloped. That may in fact happen but the object of t.his was not tolay out the specific lots or force anyone into developing, it h,as justsuch that we can address stratford Ridge to accomodate that deveroiment =t_ r Olsen: Therers 9q fooL street frontage andcomes out to 85. including the radius, that Ted Kenner: Itrs g0 at the building setback line. OIsen: That t s for cul-de-sacs. Ted Kenner: Then we should make that lot 90 on the front then. Erhart: I think what Io".9i.d in putti.ng together a master plan for thearea was just great. -I think that's sup-er. Whether they diO a goodjob or not, that one.I wonrt make a judiment on. obviously, if anycompany should do this, r agree with Daire, they should 9o in and findout, before they lay- any pen to paper they ought to fin6 out h,hatrswetland in the area beciule thatis -just ai imfortant -as -trre -existing streets. rn my mind, rrm just trying to understand the doubre frontedrots. to some degree comes ibout ui pitiing pressure on the deveroper totry to stick to our master pran so i gu"ss i don't have a prourem wittrthe variance from that stan&point. r,-.t. r and 2 of Brock 2, they have70 foot frontage on one sid.e.- Thatrs below the minimum arlor,red. Erhart: Lot I should be 9gcurve, you could argue thatthink you,ve got to look at '' incJ.uded in Lots 7 through L frontage? It is inctuded? Olsen: Not right now but it wil] be.position right is for Lots I through . Lot 2, that one being on an outsideit would be on the setback, but Lot l,that number. And the extra 10 feet isl0 of Block I right, because it's doubie I Right now it's not. The Erhart: If the plan is for them Eo be doubLe frontething is in this case the developer is not, there isthat street wiII ever contj.nue to 9o through there. Robert pierce: There's the possibility too thatdepending on how land. wou1d. develop ar-ounO there,never be used or it might shift ov6r 3g feet. 5 Erhart: So f guess it really isn't an 1ssue. d, of course theno assurance tha t at a future date,that that access may Conrad: The size of the properties on eitherparceJ,s on either side? North and south? Olsen: Yes, they are aLso narror., to where, as Larry mentioned, theyare soins to have ro r"/ork.rosether. r rhink th;-;;;p;;;i!J"to tn"north is probabrv coming in ior a subdivisl"r.-'-rt"|-Iii'Iir ru.n.parcels but they are also narro!.r. No more questions. side Jo Ann, are Iarge t Planning Commission Meet j. ngJanuary 6, 1989 - page 28 if it were to occur. Planning Cornmission Meeti ngJanuary 6, 1988 - page 29 Erhart:in for a Iine is?-t Are you talking abouE the Charles Anderson propertysubdivision? And they would get access from wtrerJ is com ingyour blue Olsen: I havenrt seen the plans. Ted Kenner: r have tatked to them and they are more interested indeveloping the property to the north. thEy are looking at the charlesAnderson property and the one just to the west of there which is ownedby the Pleasant Acres Homeo$rners Association. They are looking atdeveloping those tiro parcels together tying both o-f those off;fPleasant Acres. Conrad: I still have a problem. It still looks to me like rerreputting a whole lot of stuff on a few acres here. I know that ourlegal consultants say it meets the minimum as Long as they arr do but!,rhen I see the bike trail and I see the holding pond and f see somevariances and doubre frontages, it always means, usually when we have alot of stuff like that it means we're putting too much -on a piece of pE oper ty . Erhart: Jo Ann are rre asking for a variances for double frootage onLot 7 througlr LA? How can rre do that erhen therets no street there?Werre not asking for a variance? Conrad: Wer re not? olsen: I{hat you need right now is a variance to that additional feetrequired on Lots 1 through 5. Headla: What did you say Jo Ann? I didn't fol1olr. OIsen: Technically theytre getting the variance for that additional10 feet. Erhart: And the reason for justification of a variance vras what? Olsen: Is that that 10 feet could not be provided rrithout altering. They can shift the street up here, that woul,d provide more lot depthbut to provide that addit j.onal 10 feet, there is no alternative. Theywould possibly have to remove this lot and shift it up. Again, we weiejust working with the location of this street for accessing theproperty to the north. We felt this eras a good street configuration. Erhart: And the 1g feet is added to $rhat? Olsen: The lot depth. Right now they vrould have Eo have IGo feet. Erhart: And werve sent on to the Councj.l to change that to t25? t L Planning Commission Meet i ngJanuary 6, 1988 - page 30 t Olsen: Yes, and if that does get,ouId meet without the additionaL aPproved, then all of these lots10 feet. Headla: Does it look like thatrs going to fly?Don ' E know. Larry l{enzel! Subject to what happens with this given parcel ofproperty in respect- to the other pieces of properiy with this masterlayout, that plan, how nuch of this is cast in stoi.re? It appears thatwerre pretty well constricted individually, o. au.n-i" "-g.oop,according to the road systems that have been laid out as iar as thelots. you've got some variances on thi.s pi ";" ;i- p.on"*r-. Ho$, manybuilt in variances have they raid in for the rest of us that we.regoing to !a.ve to get compriince to even to think of the economics ofwbether this thing is g-oing to be deveroped in rses ;ithe year 3aggsubject to the vafue oi whit we ".n =.tI our piece of land andtherefore a house fg:. rs this the plan tbatis soing to --Je maintaineasub j ect to $rhether that r s approved o-r not appro.rldZ - orsen: No, the onr'y plan that wourd be maintained wourd be this one.The only way that t!is. is_ al.tering the impact of the surrounaingproperties is that it is designating where future roads will beprovided to the nort.h and the; it ritr. ue providing this rrhore tengthalong here and a road Ehat goes straight to the south and rrest. ThaE,sthe only -thing that,s dictaijng at this time. tt""" piu." are justgoing to be used for general uie to give us a better p-i"t,rre of vrhatthe street rayouts could possibly ha-ve. staff is concerned with a lotf :: :".y:-r-.-.-":::"::"" onro Minnewishta earkway. w" ,.i" iivins ro tookLlc a way to provide service Eo arl those 10ts a10ng here wfthoutnecessarily having separate accesses. Larry wenzel: Are they assuming that most of the existing homes willbe moved out of there? Thatrs ihe way it appears. Olsen: There's really no assumption, it was just kindplan.just to lay it on top. This was Like j.f 6verybodysubdivide. There are many possibj.lities- Larry Wenzel: Can I get a copy of those variances that you haveristed? The easement for thJlrair that's going to run, as r perceivedit, along Minnewashta parkway, rrrnnr..nf -tn" irtolL ,uy-.---'tnl-t,= going tobe taken on srhat, the west side of ttirinewashta earkw'ayZ olsen: At this point it will be on the west side. Larry Wenzel: And what are they gojng to do, just cut anot.her si{ath inthere? Another g foot shrath $rest of tie roaaZ Olsen: Off of the right-of-way. of an over a 1Iwould vrant to tj.me they've taken when you cut this Larry Wenzel: If Ehey do that, this is the thjrdour stuff. Along here you've got a najor hiII andt ,.a wa.y r_rost Ehat huge tree fron cutting in the road and it died from { ac j( ot w-ater.. Then they put the new street in and they pitched it 1I9"9 ?."o, you've got all the water coming down this road at 90 mphgorng rrght over a mickey mouse curb that they put in after it wishedthe vrhole bank our once and out into the lakel Are they qoing to f"tsome kind of a storm sewer on this side of the street ttreri aronq wittlthat so handle that kind of a probrem? Because yourre increasiig thatgrade dramat ically. Pl ann i ng Commi ss j. on tteet i ngJanuary 6, 1988 - page 3I Olsen: We have not looked at it atwould be reviewed at that time. this point. Those sort of issues Emmings: Jo Ann, arenrt they just reserving an easement on this platfor a possible future trailwly. There's no plan to build it- Larry Wenzel: ftrs not connected to whatever, you approved thisdevel0pment' it doesn't cast that into stone and it is there andset.ting a precedent? Enmings: Just reserving an easement for a possible future trail- Olsen: The park and Recreation Commission has a trail plan and I::i.:r:.I:: _p-a_rk way is ttesignated to have a trail so as devetopmentscome ln, we reserve easements for that. When it wilL be buitt, Icouldn I t tell you. {,.rlry Wenzel: I guess I get a little nervous when Il.eighbor John z j.egler of course isn't here, but I seethat and I'm wondering how much lhought process went Olsen: This doesn't area. Larry l{enzel: That,s aIl high ground. see, and our someth j. ng 1 j, keinto that thing. show everything. ?hat mj.ght have been a ponding Brown: As Jo Ann point out, the proposed plat has rearly nothing to dowith the approval of this. Like r said, a number of the'se llans courdhave been drawn up. you could have come in with five of thlse. Theonly thing about this plan is that if stratford Ridge is approved, ifMr. Anderson decided that he wanted to hook into sariitary iewer ii hewanted to develop, he may be able to facilitate the sanifary sewer andwater from the stratford Ridge deveropment. That was the oiry ,.u"onthat this report was even rooked at. To figure ouE hohr we cair put inpiece of the puzzle if they so choose to derielop. eut thil plan, asfar.as the rot Layouts, as far as even these paicels are devlloped, isstrictly up to the lot owner. It,s jusE so ii you ao-a."iJ. todevelop, you have a way of Ooinq thJt. But as far as the lot layout,each parcel can come in and propose as long as they meet the LS,qgqsquare foot mi.nimum and in accordance to the ordin-ance. But this 1.Vg:! js arbj trary. rt's just so future aevef opmenC ;;. -b" made tofacilitate if the need should occur. \ ,Headla: _ Just so you folks on the Commission understand where we,re { :omlng trom,- none of us had seen this. We didnrt even know it was-golng on. AIL of a sudden therers two 9ptiq69. What we're goiog topossibly do wjth your home, wiEh your property, so it,s. iittt"shocking- you can look at it objectivery but -ior us, itrs more of anemotional thing the first shot. Brown: I thj.nk also, as pointed out in the report before, some ofthese parcers wirr hav-e trouble meeting the reiuirements as-far as rotarea by themserves and th_is report was a eray oi informing the neighboisthat. if they so choose, they cin get togeth6. ina a"u"i.i iiii" or havesomebody develop it for. them. if -they have a smaller pur&t. It,s justanother method of learning,. if they lrant to developr'they ihould ueinf ormed as to r.rhat I s out there. Pl ann j- ng Commj.ssion Meeting January 6, 1988 - page 32 Larry Wenzel: I think you're right andshock. When you see your name up thereand your house doesn't exist. Mrs. Wenzel: And no road access. disagreeing. It is athese lots chopped up I rm and notall Larry Wenzel: Each one of us, even though our piece is 10.5 acres,after Davers explanation, rrm not sure whlt we'vl got after listeningto what tawsonrs might or might not. r donrt know who the devil itcomes from but in my particurar case which is inmaterial to this, we'vegot a house here and a house here, which is fine because of your lake trures. Yourd probabry get it blocked off and get tero front !,rater lots1.nd.the rest of it you develop or whatever the case may be but thereyourve got access that exists from Ehe main street now.- The way thisappears, alI of a sudden that's changed, even though jt's there. Itmight not be and I guess thatrs what -makes you a littl" n".,ro.r". Erhart: Well, it may not be because the ordinance, I believe oncollectors, it's 300 feet separation for street access. so the wholepurpose of putting together this master -plan is a ptan that everybodyhas future access and stilr meet the ordinance. -v5uJo -Itut uvpreventing situations- like this developer coming in and puttin! twocul-de-sacs with no future extension o1 the str6et. so ilnit t6e pranallowed us to do here is to vrork with the deveroper to allosr futureaccess of the one street to go up to the Mildred Kirkson property, ifthat person so chooses Eo deverop without having a direct access ontoMinnewashta Park$ray. Larry wenzel: yes, but many of the dri.veways arready exist and theyare two distinct and separa te pieces of property, ho-w can you ter r menow that this j.s going to change. Erhart: No it doesn,t, but if younecessarily mean that you can put develop, it does n'toutlet to Minnewashta. $ranted toin a s t reet L Planning Comrnission Meeting January 6, 1988 - page 33 Jo Ann HaIlgren: Eina l l y, l roblem.I erould like a condition to serve my Erhart: Yourve got 33 feeE there. Olsen: You've got 33 feet but not the 50 feet. ?La:yy Wenzel: I didn't say anything about street outlet, I said two-L rrve outlets that are already there. Jo Ann Hallgren: r was the one that had the driveway. My property is - landlocked as you can see. The x on the map there, [tr.t i" probabiywhat you would consider a wetland. r have a wetLand on th".north;fmy property. Therers a huge ravine that runs to the rrestern part of myproperty and arr the way to t.he railroad tracks. what r'm geiting at'- is, on the Iot selectioi, the drivew;y easement, the one that,s notgoing to be developed into a pubric sireet, is consideied an outrot.That's what the staff has stated. To me, itrat is .y onty access to my- property. But the -property o!,rners property goes doin fuither than apublic street would give more square footage than what r^rourd exist withthe existing easement. r'm wondering if t-hat wourd Le i probtem there - rf a public street $rere to be continired back. can you taie acreagefrom the lots ? Olsen: Youid have to rrork with that property owner. Jo Ann Hallgren: What if he,s the one that says no? Olsen: I think what-we were. Iooking at erhen the additional right_of_way would be required, that it would also be working witn trre propertywith this house. Ted Kenner: We have shown on the preliminary platadditional right-of-way aJ-ong Lots 7 through -tS forexpansion in there so it r^rould be 50 feet wide. reserving 17 foot offuture street Conrad: You've never talked about burning the house Dave. - Headla: Oh yes, I $ranted to Ehank you. I wanted to discussWhat happens if they can,t come up with LS,6OA square feet onBlock 2? What happens to all the rrork that,s done here? that. Lot 1, - Olsen: To get approval, they would have to receive a lot areavariance. What you could probably do, whaE you probabty should do, is _ establish a condition that Lot 1, Block 2... Emmings: Why do we have to do that? t{e,ve approved this plat. Thisplat says j.t has L5,O0A. If it doesntt, than [hey haven't told us the -truth and then theyrve got a problem so we'IL just assume they're goingto and j.t will be up to staff to check and make sure they do. \ Planning Commission Meeti ngJanuary 6, 1988 - page 34 fadla: They have to come back again? Emmings: No. Headla: I just rrant to see it at :- 5,A66. Headla: If they don't inake it LS,60g. Emmings: Dave, look at the lot next doorenough over there to make that one L5,gg6trouble at all. If they do need it. is 17,5gg. They can stealI r.rould th j.nk erithout any r ec omm endtRece i ved 7 through 10 shal] be Emmings: happens. Emmings moved, Erhart secondedapproval of Subdivision #87-32December 14, 1987" and subject the plan says. Staff has to make sure thatapproving. that the planning Comn i ss ionas shown on the plat stampedto the f ollor.ring conditi ons: WeII, thatrs what That I s what wetre I The right-of -$/ay south of Lotsdesignated as an outlot. 2 4 5 Lots 1-5, Block 2 shall provide an additionaldepth or an approved detailed Iandscaping planscreening from Minnewashta parkway. The existj.ng building andsite upon approval of the 1g feet cf prov id i ng 3 Provision of a 2g foot Erait Mj nnewashta pa r kwa y. debris shall be removed from theappropriate permi ts. easement on the west s ide of Type II erosj.on control_, staked hay bales and snow fence,shall be placed along the south sj.ae of Lots 1, 9 and t0. A typical detail for Type II erosion control,bales and snohr fence, shall be placed on the staked grading hay Plan. 't Wood fiber blankets or equivalent shall. beall disturbed slopes greater than 3:1. A11 streets and utilities shall be constructed into the City's standards for urban construction. The erater:nain shall either be looped or increased to an eightinch diameter. No dead-end stubs shaLl be allowed. All erosion control measures shall be in place prior to thecommencement of any grad i ng . used to stabilize 8 accordance Lq. 6. L rl.applicant shall enter into a development agreemeot withCity and provide the necessary financial suretjes as aof this agreement for completion of the improvements. 12. The applicant shall obtain and comply with all conditions ofthe Watershed District and DNR permit. The the par t The proposed manhole 2 shall be lowered to its minimumpossible elevation such that service from the north of theeasterly proposed cul-de-sac may be facilitated. Drainage easements shall be adjusted to cover the entireponding site should shifting of the pond be necessary. The curb radius as shown in Attachment #3 shall be replacedby a curb transition section as shown in Attachment #4. in favor except Ladd Conrad who opposed and motion carrjed.All 13. 14. 15. vo ted Conrad: The reason for my opposition is I still think xlany pieces of land on thjs piece of property. I would.rcne parcel be eliminated and I th j.nk that would solve aconcerns hrith the subdivision. there are too recommend thatlot of my *leadla: On the building on the property, the Fire Department talked tone and said they were interested in burning it. Did Dick Winger'f rally get a hold of you? nobert Pierce: I guess I hadn't cont.acted anybody at Ehis point because I r.vanted to get to t.his point before I made any other rr rangements . Can we tell them Eo get in touch wj.th you then? Pierce: Sure. )ONDITIONAL USE PERMIT FOR A RECREATIONAL BEACHLOT. Olsen presented the staff report on the conditional use permit recreational beachlot. whatrs happened here in the procedura), changes? Jo Ann:or a Erhart: )lsen:We confirmed with Ehe Attorney and the zoning ordinance... Erhart: l{erve been voting on the zoning ordinance since I've been on :he Commission. Now all of a sudden that's not the way it is anymore,-r have we been doing it wrong? Pianning Commission Meeting -January 5, 1988 - Page 35 Headla: _lober t \ Pl ann j. ng Commission MeetingJanuary 5, 1988 - page 3G r sen: .rth. No, As thatstaEes Erhart: That ordinance specifically is different than the... _ yourve been voting on variances to subdivisions an.f the lotfar as the recreational beachlot, the zoning ordinancevariances should be reviewed by the soard 6f Adjustments. Olsen: Under the zon i. ng ord i nance . Roger Knutson: There are two ordinances. The subdivision and zoningordinance- Recreationar beachrots are in the zoning o.Jin.n... Therequirements with a dock is L00.f oot depth. rf you r.rant to get aroundthat requirement, it needs a variance un'a tir. ;;i;r";;;iiJ*" ."y"that goes to the Board of Adjustment and Appears. The subdivision is aseparate ordinance- rt doesn't have to go to the Board of Adjustmentand Appeals. you can decide that- Erhart: we're not chaning anything, ure're just folrowing the rures onthis one. rtrs a rot easier for ui.' The o.nly thing we,re dearing withhere. is just simply approving- or disapproving the beachlot as it fitsour beachlot ordinance? simpry !hat. The onry issue we have to dearwith is essentiarry the plan oi tne ueacnlot. - ttren ttre oniy' question r!uu: i", in proposing the change from "i"p" to a ramp, are you notinviting 3-wheelers to come dr-iving down that to our nice beach? Ted Kenner: That's always a problem when you havetjme, J can see. what the stJtf is suggesting for(i qown Enere rn case of emergency. Erhart: But in case of emergency, then don,tstretcher and they can carry h j.m up the stepscarry hjm... a ramp. At the samesafety, if you need to the yjust put the as vrel1 guy on aas they can Olsen: Stretchers have wheels on Ehem. Erhart: I donrt kno!,r. - I'm not an expert on either one but I,d surefavor the steps over the ramp. r dori't know if it;" -ro.tt ,letting intoa big discussion. Thatrs the- only thinq f rve got. --- ) Headra: who 100ks at the tree plantings? There are some beautifuloaks -there and I just srant to m.k" sur-e t-hat the oaks stay. I{eLI,you'd have every reason to want to keep them too. Olsen: That r^rill be approved by the DNR forester, Allan Olsen. conrad: The planning commi.ssion rooks at a conditionar use permit,!^Iha t are [ve lookino at? What are the condition, tt"i-r",.J measuringthis against? tt leems like the conditions that $rer;e ."i"u.ingagainst are not in our power to measure but Ehe s..ii "i-iil-ustments ismeasur i ng . L -( Plaoning Commission Meeting January 6, 1988 - Page 37 olsen: we looked beachlot. . . at it meeting the conditions of the recreational Conraal: But not Olsen: You look Conrad: And it olsen3 When it Adjustments. Conrad: so, what olsen: It neets dock. are the conditions that the conditions of just a looking at? beachlot without a the depth. We're not lookl.ng at area size. at $rhether it meets Ehe conditions. doesn I t. doesn't, thatrs when you want it to go to the Board of werre basic Erhart: The depth i.s required forjurisdiction. Let me correct this,for just a standard beachlot? the dock but that's out of ourit does meet all of the conditions Olsen: Yes. You have the lake frontage. Conrad: And 80? of the houses are Located with in l,6g0 feet? Okay. We asked the Public Safety DirecEor to review the safety of thjs 1ot, crossing Minnewashta Parkway. Did he ever do that for us? Olsen: He commented on the stairs. Yes and no, people are goj.ng to be crossing the streeE... He felt that the bigger issue was... Conrad: And the steps s j.mp1y just for access, ernergenci.es and handicap? That's hard for me to visualize, a ramp. And we're not concerned with where the beach is placed? Headla: Does the buj.Ider feel he has to have a ramp? RoberE Pj.erce: No, I guess it's really up to you. Erhart: Ladd, I think it is within our duties to make comments about the plan. The layout and where the sand is. I think thatts one of the few things we do have inPut on. Olsen: In the report I did review that we djd want more detailed plans if they revj.ew the beachlot. I did not make that a cond j.tion. Conrad: Yes, I didnrt see that as a cond j.tion here. whatrs staff's opinion? I think this is a good outlot for recreation. I think the concern we had last time Jo Ann hras the 40 feeE. The distance between the lake and the road is 40 feeE and is that acceptable in terms of hor.,people are handled? If you get 13 lots, or whatever jE j.s, more thanthat, 15 lots, can that 40 feet of depth, which werre not looking aE, -i* L Planning Commission Meeti ng January 6, 1988 - Page 38 handle that many people? OriginaIly, I think the Lgg feet is simply toseparate, give people room away from property and I thj.nk with the roadthere and everything, I have no problem with that. Irm sure the Boardof Adjustments will accept that but there is obviously a clearseparation between the outlot and peoplers land and therefore itrs notgoing to be a great deal of impact on those Lots 3, 4 and 5. Myconcern goes back to, are we allowing something, have $re designed the r ight amount of space for people who are going to use that? 40 feet isreally not a whoLe lot for a beach. Especj.ally, Irm donrt know howmuch of that is useable for a beach. Robert Pierce: Maybe I can take this a step back, about the steps orthe ramp. f guess, if I had my way I,d rather probably put stepi inbecause of ease of maintenance and I think they can juit nake it ni.cerIooking but again, it's not anything one rray or the other. It erouldproably just make it look a tittle nicer with those steps. Then goingto the 4g foot, we have a major length of shoreline theie and the Iiindof beaches that I take my ki.ds to, a lot of them out on the lake, a lotof times srhere vre go vre are probably, the sand beach depth and therewould be quite a few other boats, a lot of time that beich is not morethan just a few feet. And here, we would make it deeper than that pl ussre $/ould make i t 8g to LOA f eet . . . ,- Conrad: yourre cornfortable you can solve the problem that theseL homeovrners are going to put on the beachlot? Robert Pi.erce: we vranE to make an attractive si.tuation for everybody.Itrs to our advantage, as much as anybodyts, to be able to havesomething that wirl be desirable and tha! they can see they,re going toenjoy. Headla: Did you $rant to fit the point there, Jo Ann? Olsen: About the more detaiLed plans? Headla: Yes. Olsen: Sure. Headla moved, Erhart seconded that the plann j.ng commission recommendapproval of Conditional Use Permit #87-17 for a recreational beachlotsubject to the following conditjons: 1. The recreati.onal beachlot sha11 not have a dock unless avariance to the lot depth requirement is granted by theBoard of Adjustments and City Council. 2- The proposed dock sharr not have 4 overnight srips unress avariance to the limjtatjon_of overnight storage js granted byI the Board of Adjustment and City Couici.l. \ Planning Commission Meet i ng January 6, 1988 - Page 39 WETLAND ALTERATION PERMIT TO CONSTRUCT A PUBLIC STREET WITHIN A CLASS B WETLAND AND FOR C ONSTRUCTION WITHIN 2gg FEET OF A CLASS P WETLAND. Jo Ann ol sen Permi t. presented the staff report on the wetland Alteration Conrad: Class Bpart of Can you build on a Class B wettand? Canwetland is not buildable, j.sn't that rightarea that te use to caLculate densities. you bui ld a house? and therefore is not r Olsen: We've always used that. Headla: Yourve alhrays included wetlands in your density calculations? Conrad: Wetlands are not buildable though Jo Ann. Erhart: Yes, but you still include them in your overall acreage. Olsen: Yes, I think we do. The developer has done jt. I'm trying tothink, like for Hj.dden Valley. when we had Ehat large wetland jn that marsh area down there, I believe that went j.nto the net density, we didnot include that. conrad: But in terms of individual lot subdivision, but in terms of the overall make up the ]-5,gat square foot minj.mum? size, 1ot not size. plat will the overaIl A wetland or helo Even withthat. Erhart: The only rule we have is the setback from the building. Robert Pierce: You have in the past. because I know of one othersubdivision here and they i.nc).uded the wetlands. It wasnrt this, it was a Class A $retland and they were j.ncluded in the calculations of thelots. Olsen: with the that open pond i ng Lake a rea Riley Woods subd ivision, it was then.in the Lake Riley Woods, we included ErharE: I'm not sure it'sit is for Lh,e 2 L/2 acre. appr opr j. a te fox 15,660ThaE's how I know I've square foo tstudied it.l-ots but 3. AII additional standards established for a recreati.onalbeachlot in the Zoning Ordj.nance must be met. 4. A tree removal plan must be subm i tted to the City and DNR f orapproval prior to any alteration to Outlot A. 5. The applicant must submit a more detailed plan of therecreational beachlot. AII voted in favor and motion carried. \ FE I DABC ff :2 o li qTY 6 @r4rrlFtAssEJ ?of eutf t o, N7' c r r1s1;1qr$L 5- Z 1 E Gbkr, r L $ t #'l L I t llt j :l- I I lt cn^riassEl, E EEERiE O€Pll , 6 7 ', Lli ..11 I ;13 baoaa Yotu UI 7 / t+ --- r- March 7 1988 Joanne Ol senCity Pl annerCity of Chanhassen 690 Coulter Dr ive Chanhassen, MN 55317 Dear Ms. 01sen: This letter is to verify the request to look at, and change ordinances as needed to incorporate the parcels on the west side of Lake Minnewashta eoncerning recreational beach lots and canoe racks and docks. Stratford Ridge Development has asked for recreational beach 1ot, canoe racks for each of the 15 homes in the development and one dock with 3 slips for overnight storage. Those slips would belongto lots 3, 4 and 5, block 2. I feel the present ordinance has overlooked the unique pin this area. Stratford Ridge Development has 550' of Iin excess of 31,000 square feet. On the north side, it approximately 115' deep and the south side is approximatdeep. The proposed dock is located to the north side, 1plenty of screening to both neighboring parcels. We also have made great effort, at great expense, to maintain the integrity of the shoreline. arcels akeshoreisely 80' eav ing in o that s400 wi 11 We believe our requesL is rder for this area to it deserves. Houses ,000.00 with the dock most likely range fr Thank you. ery reesonable and should be granted e developed in the high quality fashion hould range from $200.000.00 to nd lake usage. Without it, the houses,i S100,000.00 ro $200,000.00 in price. b s om -2/Q41e Robert PiercePresident, Stratford Properties l,lAR I l98B CITY OF CHANHASSEN r rl:.--. , -._ CITY OF EHANH[SEEI'I STAFF REPORT J., P.C. DATE: April 6, 1988 C.C. DATE: April 25, 1988 CASE NO: 88-3 CUP 88-4 Site plan Prepared by: Dacy/v v Fz () =LL *o hJF U) Outaloor Storage, Automotive Service Center, SmaII Vehicle Sal.es, and Outdoor Display ofMerchandise for SaIe - Site Plan Review for a 19,048 Square Eoot Commercial Building. Bernie Hanson Jim Derhaag 480 West 78th Street P.O. Box 503 Chanhassen, MN 55317 Chanhassen, MN 55317 Loren Anderson 440 West 78th Street, Chanhassen, I{N 55317 PROPOSAL: LOCATION: APPLICANTS : 2 Con tl-1 no a e te Im u Seq or creene Park 79th ( immediat Street ) Lot 5, Block I, Frontier Developmentwest of MGM Liquor Warehouse on West PRESENT ZONING: ACREAGE: DENSITY: ADJACENT ZONING AND LAND USE: BH, Business Eighrsay District 2.25 acres N- s- E- w- CDB; Dinner Theatre BHi vacant commercial BH; commercial BHi vacant commercial ..! a.,',:.g(l1-t, - WATER AND SEWER:I.lun ic ipa 1 services are availabl-e The property is 1eve1 and contains noexisting structures. 2OOO LAND USE PLAN:Commercial .L PEYSICAL CEARAC. : Eanson CUP and Site Plan April 6, 1988 Page 2 REFERRAL AGENCIES Building Department Fire Department City Engineer BACKGROUND Attachment At tachmene At t,achment *I *2 *3 As part of the do$rntown redevelopment process, the City has now acquired the subject property and tshe four lots to the west. These properties were acquired so that Ehe road realignment of West 79th Street could be accomplished as ne1I as the construc- tion of Ehe stormwater retentsion pond on Lot 9 at the end of west 79tsh Street ( former Burdick property). The City, in order to promote the redevelopment of properties on the north side of west 78th Street, has negotiated with the applicant, Bernie Hanson, owner of the Chanhassen Lawn and SporEs, to relocate his facility to this location. Mr. Hanson will own Ehe building. Ee is also proposing Eo lease a portion of the building to Loren Anderson who now operat.es the Automotive UnLimited gas station on west 78th Street and to Jim Derhaag, owner of Derhaag Motor Sports, Inc. (a1so in a building on the north side of west 78th Street). The purchase agreernent and acquistion is dependent upon success- ful compleEion of the site plan and conditional use permit review. Attachment *9 represents the proposed street alignment in this area which provides for other buildable sites ailjacent Eo realigned West 79th Street. The HRA will continue to redevelop t.his area and will replat the area in the near future. CONDITIONAL USE PERMITS The applicant is requesEing approval for four conditional uses to be located in the proposed building. Small Vehicle Sales During the zoning Ordinance Review process, the term "smallvehicle saIes" was created specifically for Ehe applicant's oro- poseil use. At thaE time, another site in the BH District was being considered. Smal1 vehicles refers to lawn molrers, snoh, blowers, snowmobiles, lawn and garden Lractors, commercial riiling mo\,rers and all-terrain vehicle equipment. Because the small vehicle sales wilL be conducted within Ehe building, tshere are no exterior impacts and the standards for conditional use permits ( Section 20-232 ) will be upheld. Hanson CUP and Site PlanApril 6, I988 Page 3 Outdoor Di SO rav of Merchandise for Sale As long as the number of vehicles is limited to fourteen and. aslong as the vehicles are located ou! of the immediate vicinity ofthe building, no adverse impacts should be created. Outdoor S !orage The applicant is requesting this permit to display various typesof equipment along the llest and south sides of tha buildinq iiongWest 79th Street. Approximately 14 vehicles will be displiyed, - six of which wiII be locat.ed along the front of the builatina.The remaining eight will be located under the canopy on the westside of the building. The applicant has indicated Lo staff thatdisplay of these vehicles is important to the conduct of thebusiness. The only impact from this use is a visual impact. Itis proposed by the applicant that the vehicles lvould be ondisplay during business hours only and would be moved into thebuilding at the conclusion of business at 6:00 p.m. Mondaythrough Friday and 2:30 p.m. on Saturdays. The applicant. is proposing a smaIl area .of outdoor storage in thenortheast corner of the building immediately west of the loadingdock area. It is labeled on the plan as "enclosed storagen. thearea will be enclosed by an extension of the roof section and bya chain l-ink fence that tri1l extend to the bottom of the roofsection. There wiII be slats placed in the chain Iink fencewhich will render this area opaque. This area will be used foreguipment waiting to be repaired or picked up and for storage ofwood Logs. The wood logs are used t.o Eest chain saws. There is another necessity for outdoor storage in associationhrith one of the automotive service center uses- Derhaag Motorsports, Inc. needs to store a goose neck trailer outside thebuilding. The trailer is used t.o transport t.he race car.Storage of t.he trailer shall be locaEed in a feoced area atthe rear of the parking area and sha1l be completely screened. Automotive Service Centers There are t$ro entities requesting conditional use permits forautomotive service centers. Loren Anderson and. Jim Derhaag irillbe conducting automotive repair within the building. I1r. Anderson's operation includes muffler, brake work, engine t.une-up, differential and engine repair, grease and lube work, tirebalancing and tire replacement, cylinder head removal. andelecErical and other minor automotive repair work. !,tr. Derhaag'soperation includes ongoing repair anC maintenance of one racecar. This includes dismantling the fenders, hood, and body Hanson CUP and Site PIan April 6, 1988 Page 4 panels and removing the engine and other necessary parts sothey can be cleanad and replaced. In some cases, parts are shipped to other parts of the country for repair work. Irlr. Derhaag is not a "hobby" race car driver. Ile has submittedinformation on his business and racing events for the year. has indicated thaE his enterprise is the only professional car company in the state. thaE He race The city amended the Business Highhray District to include automo-tive service centers in January, 1988. The definition for auto-motive service centers states that the intent of the use is tosupply goods and services generally required with the operation and maintenance of motor vehicles. These include "sale and ser-vicing of tires, batteries, automotive accessories, replacementitems, washing and lubricating services, and the performance ofminor automotive maintenance and repair". FinaIly, the defini-tion states that this does not include "major body repair whereit is necessary to provide long term storage of cars and bodyparts." In the case of Mr. Andersonrs operation, the proposedactivity matches the intent of the definition of automotive ser-vice center. Mr. Derhaag's use is not as intense as he workssolely on one car and does not serve the public. Mr. Derhaag employs two other people. Both Anderson and Derhaag perform the same type of activity but only at a different intensl.E.y. Derhaag, however, does not reguire outside, overnight storage ofvehicles. Anderson's clients may need to leave vehicles over-night for repair. Therefore, the City shoulcl est.ablish conditions to prohibit thelong-term storage of vehicles or vehicles in disrepair on site.Further, all repair activity must be conducted inside thebuilding. The Fire bus t i bIe code . I n s pector materials has also reguested be properly stored that all flammablein compliance with or com-the f ire Summary It should be remembered that this part of West 79th Street hasgood visibility and will have improved visibility from TH 5 withthe construction of MarkeL Boul-evard and the realignment of west79th Street. This use will also have to be compatible with adja-cent existing and future uses. As proposed, these uses can becompatible if outdoor storage is well screened, outdoor displayis limited and all saLes and repair activity occurs in thebuilding. The city needs to act on each conditional use separa-tely and impose conditions on each of the proposed conditionaluses. Staff finds that the standards for conditional uses are met. subject to the proposed condiEions. Hanson CUP and Site PlanApril 6, 1988 Page 5 R ECOMME NDATION Planning staff reconmends thefollowing motion: Planning Commission adopt the "The Planning Commission recommends approval of ConditionalUse Permit Request #88-3 to permit small vehicle sales in theproposed 19,048 square foot commercial building as indicatedon E.he site plan stamped "Received March 14, 1988", and sub-ject to the f ol-lowing condit.ions: I. The sma11 vehicle sales sha11 be conducted within theproposed building. 2 Compliance with the siteSite Plan #88-4. plan conditions of approval for The vehicles shall, not be located in the parking or back areas and sha11 be located near the immediate nity of the building. c Planning staff recommends thefollowing motion: Planning Commission adop! the "The Planning Commission reconmends approval of Conditional Use Permit Request #88-3 for outdoor display of merchandisefor sale locaEed on the west and south sides of the proposeC 19,048 square foot commercial building as indicated on theplan stamped "Received March 14, 1988" and subject to lhefollowing conditions: There sha1l be no more than 14 vehicles displayed out-doors. No lnore than 6 of the 14 vehicles shall be Iocated betireen West 79th Street and the front waI1of the proposed building. The vehiclestion only. shalI be displayed during hours of opera- 1 2 3 set-vici- Compliance with the site plan conditions of a proval for Site Plan #88-4. Planning staff recommends the Planning Commission adopt t.he following motion: "The Planning Commj.ssion recoflunends apgroval of Conditional Use Permit Request #88-3 for screened outdoor storage to be Iocated in the northeast corner of the proposed 19,048 square foot commercial building and to aIIoh, a storage area for onetrailer in conjunction with Derhaage Motor Sports, Inc. as indicated on the site plan stamped "Received March 14, 1988u, and subject to the f oIl-owing conditions: o 4 Ilanson CUP and Site Plan April 6, 1988 Page 6 I The area labeled on the plan as "enclosed storaqre" shal1 be enclosed by an extension of the roof of the building, construction of a chain link from the ground elevation to the bottom of the roof 1ine, and the fence shall contain wood slats. The storage area adjacent t.o the building is to be usedfor equipment waiting to be picked up or repaired and for storage of wood logs. A detailed screening and site plan shal1 be submittedprior to application for a building permit for the loca- tion and screening of the goose neck trailer in conjunc-tion vrith Derhaag Motor Sports, Inc. Compliance $rith the sit.eSite Plan *88-4. plan conditions of approval for There shall be no outside storage of vehicles awaitingrepair in excess of 72 hours. 3 D 4 Planning staff recommends the Planning Commission adopt. thefollowing motion: "The Planning Commission recommends approval of Conditional Use Permit Request #88-3 for an automotive service cent.er for Loren Anderson to be conducted as indicated on the site plan stamped "Received March 14, 1988", and subject to thefollowing condi Eions: 2 4 5 There shall be no storage ofvehicles in disrepair in the A11 repair activity must building - vehicles or o Lher area . within the proposed junked park i ng be conducted3 5 A retention system for the flammable and combustibleliquids sha1l be installed. This system must be in compliance r,rith Uniform Fire Code 79 .907 (a), WasteStorage. The applicant shalI submit information about the flam-mable and cornbust.ible liquid storage in the building andmeet the requirements of the Uniform Fire Code. Compliance with the site plan Site Plan #88-4 - conditions of approval for Planning staff recommends thefollowing motion: r,Planning Commission adopt the 2 I Hanson CUP and Site PlanApril 6, 1988 Page 7 There other shall be no outdoor storage of race cars or anyvehicles needing repair. 'iThe Planning Commission recorrunends approval of Conditional Use Permit Request #88-3 for Derhaag Motor Sports, Inc. to conduct an aut.omotive service center for one race car asindicated on the plan stamped "Received l{arch 14, 1988" andsubject to the following conditions: 2. 1 3 A retention system for the flammable and combustible liquids shall be installed. This system must be in compliance with Uniform Fire Code 79.907 (a), waste S torage . The applicant shall submit information about the flam- mable and combustible liquid storage in the building and meet the requirements of the Uniform Fire Code. Compliance with the site plan Site Plan # 88-4. conditions of approval for SITE PLAN REVIEW 4 5 6 The proposed construction totals I9,048 sguare feet to be divided up into several areas: the sales area for the Lawn and Sports equipment; the tsools and parts storage area fcr the Lawn and Sports equipment; tshe storage and repair area for the tawn and Sports equipment; Loren Andersonrs automotive service centeri a 9b0 squaie ioot retail area (to be used for the sale of bird seed); the 14,040 square foot area for the race car automotive service centeri and a 900 square foot area for the outdoor storage. The building also contains a partial second floor which isilI contain office spaces and a storage area. Proposal Lot La cuE The proposed location of the building and parking areas exceed the required setbacks of the BH District. The HRA has con- ditioned potential sale of the 1ot to Ehis user upon the basis that adequate buffer areas exist between 1ot lines and the parking areas. Therefore, additional area is also provided for A detailed screening and site plan shall be submittedprior to application for a building permit for the loca-tion and screening of the goose neck trailer in conjunc-tion with Derhaag Motor Sports, Inc. A11 repair activity must be conducEed within t,he bui lding. Hanson CUP and Site PlanApril 5, 1988 Page 8 landscaping and screening. A 20 foot utility easement is alsoproposed to be reserved for potential watermain and ot.her utilityinstallation. The Engineerrs memorandum witl address this issue. Parking Irot _Des iqn Two access points from West 79th Street are proposed. Theeasterly access will serve primarily as a service drive to theloading dock area in the northeast corner of the building. Thewesterly access wiIl be used primarily for the customer iraffic. Provided on site are 76 parking spaces exceeding the ordinancerequirements for retail and automotive service uses. If thebuilding irere to be converted into all retail activites, an addi-tional 14 spaces would be necessary. There is adequate area onsite to provide the 14 spaces if necessary. Landsca pi nq The landscape plan exceeds the ordinance requirements for a com-mercial 1ot in a commercial district. In oider to promot.e ade-quate screening on the north side of lhe property fiom traffictraveling south on Market Boulevard and along the west side ofthe property from traffic on TH 5 and the new Market Boulevardconnection, a combination of Colorado BIue Spruces and a TechneArborvitae screen are provided. The evergreens are comprimentedwith varieties of deciduous trees, namely Northwood llapies andSugar Map1es. There are, however, two minor areas thal needadjustment. A minimum two foot. evergreen hedge should beinstalled around the parking area fr6m the weiterly ent.rancealong the curb line t.o Ehe building. proposed now is theplanting of one Sugar Maple. This also should be installed tohrrap around the corner of the parking lot on the west side of thewesterly entrance (see AtLachment #II). Bui lding_E levat ion The proposed maE.eriar for construction includes a 3-foot band ofconcrete block at Ehe base of the building, and a prefinishedpoly-coated or baked.enamel painted metal siding. The metalsiding is not galvanized steel and is supported by wood trussesand supports- The metar facia wilr be pliced ovei the insurationand sheetrock layers. The proposed exterior color is a white_gray with red accents along tshe trim and the service doors to theautomotive service center. The exposed erood. trusses wirr arso bepainted red to the entrance of the auto maintenance area, thebird feed store and the Lavrn and Sports store. This is anexample of the type of. metal building construction that the cityrrrants to encourage rather than Ehe use of .po1e barns " . Hanson CUP and Site Plan April 6, 1988 Page 9 S ignage It is our understanding that no pylon signs are proposed. Atthis time, only wall signage is proposed along the building. Appropriate sign permits will need t,o be obtained prior tobuilding occupancy. Indicated on the plans are 12 inch surface mounted letters with neon tracing. This will provide a good accent to the proposed color scheme of the light and dark gray and red trim. Liq htinq Three high pressure sodium 1ights fixtures are proposed in the parking area and several light fixtures are proposed over the service bays and doors into the building. All light fixtures must be designed such that they do not glare onto adjacent. prop- erties or public right-of-ways. RECOI'IMENDAT I ON Planning staff recommends Ehe Planning Commission adopt the following motion: "The Planning Commission recommends approval of #88-4 for the construction of the 19,048 square building subject to the plan stamped "March 14, Eo the following conditions: Site Plan Reviewfoot commercial 1988" and subject I. A11 sign permits shall be obtained prior to building occu- pancy. 2. Light fixtures sha1l be installed so that there is no glare on adjacent properties or public right-of-ways. The site plan shal-I be amended to provide for for the gooseneck trailer in conjunction with motive center. The landscape plan shall be amended to indicate additional landscaping as shown on Attachment *11. 3 a screened area Derhaag I s auto- 4 5. The exit stair into Ehe sEorage/tepair area must be in a hour enclosure- The tl-4 and B-2 occupancy require a one separa!ion. The entire building musE have an approveC spiinkling system including the attic spaces. one hour 5. silt fence shall be placed and maintained along the south side of the site prior to the commencement of any grading. 7. An addit.ional fire hyalrant shall be added to the northwest corner of the property by the developer. The main shall be sized to meet the sprinkler and hyalrant demands for the property. Hanson CUP and Site PlanApril 5, 1988 Page I0 A plan which showsthe fire hydrants,for approval by thebuilding permit. the exact watermain location, spacing ofand sizing calculations shall be submittedCity Engineer prior to issuance of a shaI1 provide the City a 10 ft. utility ease-over the watermain and shalI dedicate LhisEhe City at no cost after final acceptance. 8 9 The developer shall agree to be assessed for his propor-tionate share of the cost for looping the watermain Lo thewest and waives any and all procedural and subst.antive objec_tions to the public improvement and payment thereof, and I1ly.:-?nn"a1 rights otherwise availibte pursuant ro USAs429.081. I0. The developer ment centered watermain to 11. Curb cuts and curb replacement shaLl beCityrs Phase II construction plans for A"TACEII{ENTS coordinated with thethe downtown. smal I outdoo r s cree ned 1 2 3 4 5 6 Memo from Fire Inspector dated March 2g, 19gg.Uemo from Building Department dated March 30, 19gg.Memo from City Engineer dated l,{arch 3I, 1999.Letter from Bernie Eanson dated March 14, I9gg, forvehicle sales.Letter from Bernie Hanson dated March 14, I9gg, fordisplay of merchandise for sale.Letter from Bernie Hanson dated March 14, I9gg, foroutdoor s torage . 8. 9. r0.lf. L2. 13. Letter from Bernie Hanson dated March 14, l98g, for automo_tive service center for Loren Anderson and Jim'oertraig. - '- Detailed location map of Frontier Development. park. :::ry:::. ::aq reallsnmenrs f rom Dor"/nrown'reasibiiiiy sruay. _rntormatron regarding Derhaag t4otor Sports.Plan. showing additional landicaping. ' Application. Plan stamped ,Received March 14r l9gg". EHINHISSEN 690 COULTER DRIVE ' P.O. BOX .I47 ' CHANHASSEN, MINNESOTA 55317 (612) 937-1900 I',lEMORANDUM TO: Barbara Dacy,City Planner Fire InspectoFROM:S teve March Site Madden , 28, 1988 ,#^ DATE: SUBJ:Plan Review - Chanhassen Upon review of the site plan for the Sports, I recommend the following: Lawn and Sports ne!, Chanhassen Lawn anal I Please install a looped water system around the building. Fire hydrants should be instalLed every 300 feet. This is from the Uniform Fire Code, 10.301 (c), water Supply. 2 Please install a retention systsem for the flammable and com- bustible liquids. This would be a system to control the v,raste product from entering the sewer system. This also is from the Uniform Fire Code, 79.907 (a), Waste Storage. I would also like information about the flammable and combustible liquid storage in the building. Compliance with the above will meet lhe requirements of the Uniform Fire Code. If you have any questions, please contact me. X7g4r116ti#t CITY OF UNIFORM FIRE COOE :ction Equipment hall place or keep any post. fence. vehicle. growth. rial or thing near atry firc hydrant. firc department ln system control !'alve that would prcvent such eing immediately discemible or in any othermatlner partment from gaining immediarc access to said limum 3-foot clear space shall be mailtained around hydrants except as otherwise required or approved by re Apparatus 'ed Construction. Every building hereafler con- o fire deparunen( apparatus by v/ay of access road- 19 surface of not less than 20 feer of unobstrucred ry tuming radius capable of suppo ing rhe imposed having a minimum of 13 feet 6 inches of lertical 'anment access roads in excess of 150 feet long shall ,rovisions for the tumi[g &ound of fire departrnenr 1(herc alr nor morE rhan two Grcup R. Division 3 or M 'n rh. BuildingCod!.lhe rEquarcmcnrol rhis seclion mav bc nnion ofthe chicf, fire-fiEhtrng or rescue operarrons q.ould cquired width of access roadwavs shall not be cluding parking ofvehicles. NO pARKING sierE or botll prohibiting obstructions may be requrre'd and radway shall be exrendcd ro wirhin 150 fcer of all , ofthe first story ofany building. where the lccess . appDved fue prorection system or sysrems shill be )roved by the chief. orte. Where f[e-protection svstems approvcd by the .: required clearance may bc modilicd- 'shall have the authority to requirc an incretsc in the lerc such widti is not adequate lbr lre or rcscue ge is rcquired to bc used as access under this scction. iintaiocd in accordance urith the applicable sccrions ngdesign live loading sumcicnt to curry the imposed umbe6 or addresses shall be placcd on all ncw and ,(rsirion as lo be plainly visible and lcgible liom rhe property. Said numbers shall contmst wi(h their 1982 EOtTtON 10.209'10.301 Key Box Sec. 10.209. When access toor within a structurc or an arca is unduly difficult because of secured openings or where immediate access is necessary for life- saving or tire-fighting purposes. the chief may require a key box to bc installed in an accessible locatioo. The key box shall be a type approved by the chiefarld shall contain keys to gain necessary access as Bquired by the chief. Division lll INSTALLATION AND MAINTENANCE OF FIRE. PBOTECTION, LIFE.SAFEW SYSTEMS AND APPLIANCES lnstallation Sec 10.301. (a) IlpeRequircd. The chief shall designuc the typeandnumber of fire appliances to be insElled and maintained in and upon all buildings and premises in the jurisdicrion other thln private dwellings. This shall be done according to rhe relative severity of probable fire. including the rapidity with which ir may spread. Such appliances shall be of a type suitable for the probable class ot tire associaled with such buildiog or prcmises and shall have approval of the chicl. Poflable fire ertinguishec shall be in accordance with U.F.C. Standard No. t0- 1. (b) sp€cial Hazards. In occupancies of an esp€cially hazudous naturc or where spccial hazards erist in addiion lo the normal hazard ofthe occupancy, or \rhere Jcccss fo. fire apparatus is unduly difficult. additional safeguards may be requircd consisring of addhional firc appliance units, more thrl one type of appliancc. or special sysrcms suitable for the protection of the hazad involved. Such dci ices or appliances mayconsist of automatic fire alarm systems. irutomat- ic sprinllcr or water spray systems. standpipe ard hose. fixed or portable fire c\tinpuirhcrs. suitable asbestos blankets. brea(hing appararus. manual or auto- matic co!.rs. carbon dioxide. foam. halosenated and dr-v chemicd or other \pecirl Iirc-erlinguishing systems. Where such systems ate installcd, they shall hc in xcordance with the applicable Udiform Firc Code Standards or standards of the Nrtkrnirl Fire Prolection Associaiion when Uniform Fire Code Standards do nor apply. (c) $rter Supply. An approved *ater supply capuble of supplying required llre tlotr tor tirc protection shall b€ provided toallp.emises upon which buildings or poflk)ns of huildings rre hercatier constructed. When any portion of the j buildins protecrcd is in exccss of l50 feet from a water supply on i public smer. lhcre rhrll be provided. whc[,equired by the chief, on-siic fire hydr-aats and Inarns crpable of supplying rhe rcquircd firc flow Whlr. supply may consist of rescrvoirs. pressurc tanks, elcr,fled tanks. water malns or other tixcd sysrem capablc ofsupplying thc required fire flow. In s€ning Jlhc requrrcmenrs tbr firc ,low. lhe chicfmay be guidcd by rhc standard published I 17 -.{: I -CLASS I LOCATTONST{Conrinued) r 982 EDtTtON lLocations as classified in rhe Electrical Code 79.905-79.907 2 2 T T I 1 I 2 I 2 2 zI I Heating Equipment -- Sec. 79.906. (a) Electrical Equipmerr. Elecrrical healing equrpmenr shallcontorm ro Secrion 79.905. .,.,11-l:1--b:Tl* Tquipmenr. Onty w€r heat sysrcms and direcr.fired mateuparr ncrters arc permittcd in dispcnsing rooms or in any area \r,,here r.aoors coulimrsrrre. 5Lrch systems shall tre in accordance wilh lhe provisions of rtri t,techan_icalCode. Drainage and Waste Dlsposat . Sec. 79.907. (a) Conarol and Conl|ection to Sever. provisions shill be madern the area wherc Class l. ll or III-A liquids m"y * ,piil"J. p.""""i'ffi*i;;; 249 CFOUP O olvtstot{ Within lhe dispenser enclosurc and Ig inches rn alldirccttons froln the enclosurc where no( surlably cur otT by ceilinp orwall. All electncal eqr:rominr inte-qral whh rhe dispensrng hose or nozzle. - An area exrendrng 2 feet honzonlallv in all directions beyond the Division I irea and extending to gmde below this classi- tred area- Up to 18 inches above rrade level wirhin20 feel horizonrallv measr:red from apoint venicallv below the edqe of anv dispenser enclosure. Any pit, box or space below erade leyet if any pan is \rrthin a honzonta-ldrsrance of I 0 feet from any edge of pump. I h 3 f ofI edg]p p extendin al direcg 3up inches hi 0grade hori from ge pu mp. Wirhin 5 feer extending in all fe€l above floor feet horizonrallv of anv edge of pump. drrccrons. Also up to 3 o. grade level wirhin 25 from any edge ofpump Any pir within any unventiiared area Any pit with veorilation. Area up !o lE ioches above floor or level and 3 fed honzontally from a Within 3 feet of anv fill or drspensine point. exrendrne in alldrrectron\ grade lubn- tally from anv edge ofrhe Entire a.rea within anv pit used for tubrica- tion or srmrlar s€rvKe shere Chss I Lo- uds may be released. Area up to l8 inches rbove any soch Dir. anderrendine adrsranie ofj feir honz;"_ pn Entire enclosure Sales. StoraE€ and Rest Rmms Non- classified Vapor-processing Systcms Pils Any pil. box or space below sraole level any.part ofwhich is withrn a Dlvrsion I orz ctassttted area or nhtch houses anvequrpmenl us€d to transpon or procesi vapors. \bpor- processing Equipmenr Locaied lvirhin ProI€clir€ Enclosures I S€e S€c. 79.912 rc)21 proiecive enclosure housing sslng equlpment. Wilhin any vapor-Proce lhpor-processins Equipmenr Not $lrhin Proteclive Enclosures (excluding piprne and combusrion de!ices) 2 vaPor-Proce Th rhsp inch ail doitronspmentiammabnrng rd din'q grade U 8 hesp le!€lgrade rh0feethonzontally 'ng Pequr Equipm€nt Enclosures 2 ny area wilhin rhe enclosure wherevapor or liquid rs present under normaj operatinq condrrions. The entire 3rea w htn the enclosure orher lhan Divr\ron I laruum Assist Blowers spac€ within 18 inches in aU di;tlons ertending to grade le\el. UD to t8rnches rtDve grade level [rthin lO feethonzontallv The I : UNIFOBM FIRE CODE I i I : I I- EX'ETT OF - CLASSIFIEOAFEA ErtirE area wirhin any pit. If. th€re is any opening to these roomswrlhrn the extent of a Dtvtsion I area. theentrre room shall &classtfied as Drvisron 2 I 79.907.79.909 UNIFONM FIRE COOE '1982 EDITION (e) Drairge Systems, l. ConIrol. Floors shall b iq drainage systcms shall be provided to direct flammable lealaBe and fire-protection water to a safe location.-Ihi scuppers or spccial drainage systems- 2. Conneclion to sewer. Emergency drainage syste. i, 5ewers or discharged into public waterways, shall be ec sepiuatoB. Marine Service Stations Sec. 79.910, (a) General. The general construcrion of r shall be in accordance with the Building Code. The storag, liquids at such location shall, except as otherwise proae accordance with the provisioos ofthis article. Marine service stations shall not be located at a bulk pla[ fence or similar barrier from the area in which bulk operat, (b) General Comtruction. Piers. wharves and flod-vf liquid dispensers are located shallbe offire-r€sislive c( lr to spills ofsoch liquids and oils within rhe immediare area (c) Storage ard Handling. Class I. II or III-A iiqur approved poirable containen iithin marine seruice su-ln Class I liquids in approved closed portable containers I aggregate capacity except within a room or building appror which meets the requirements ofSection 79.203. Class II may be stored and dispensed inside marine servic-itr approved containers of not more tha[ l2o-gallon capa y. equipment complies with Seclion 79.906. l. lirnks, valves. fittings and piping for Class IJI liquefied petroleum gases shall be approved fc ir.r tected from extemal coarosion. 2. There shall be no connection between any abover underground tank, except the aboveground tan*Llo bulk plant may be connected by piping lo mar : l ground tanks if, in addition to valves at the abor :( also rnstalled wiftir control of marine service sratior 3. Pipelines at marine service stations where a(ac&.d other sructwes shall be fully prorected agair F excessive stlesses .4. A valve whereby supply from shore may be shut oft each product line at or near the approach to &p structure. and alr approved quick-throw valve sh. be flexible connecrion to stop flow to float in the er flexible connections.5. Not more than two flexible conneclions shall !& I leading from any pier or wharf to a float, except hi exist: then additional flexible connections mav b( lo of the chiei flowing into interior of service slarion buildings. Such provisions mav be bvgrading driveway. raisine door sills. orotherequilly cffeciive means. Crintcr,,ldlainings and flammable or combustible Iiquidi shill nor be dumpeO inro sewei, but shall be stored in ranks or tighr drums ourside ofany building unrit .emoveJ from the premises_ . (b) Crankcase Drainings. Tanks insralled for crankcase drainines shal}tn::1lled :n accordaoce wilh lhe requircmenrs for Class I liquid irorage- lnaddltron Uercto. drainage Iines terrninating inside a building shall be cou-iooedwifi a nonremovable-lype cap tsuch as a hinged cap). Flrc Protection - !e1, ]9a908, A fire exti[guisher with a minimum classificarion of2-A, 2O-B:C shall be provided and so locared rhar it wil be nor mo;if,", Zii"",from any pump. dispenser or fill.pipe opening. Service Stations Located lnside Bufldings qec.79.90. (a) General. This section shall apply to auromorive serviceslalions which dispense fuels inro vehicles in areas'rirat are *f,.ll, ..l"riiriirlenclosed by the walls. floors or ceilings of rhe buildings. -EXCEPflON: Service statioos located inside a building with rwo or more sidesof the dispensing area oFn lo lhc building exte,i.. ,," ,n"i r;;J;;;,;i;;;;r".;normally be expected to dissipare fiemmabie vapors. Dispensing of fuel into moror vehicles inside of buildings is permited whenapproved by rhe chief. (b) CoDtruction. Automotive service stations within buildings shall be con_sructed wilh the requiEmenrs offte Building Code. (c) Ventilatio[. l. G€neral. Heaing and air-conditioning and ventiiarionsystems shall comply wirh the Mecharical Code. . 2..Interlocks on dispenseN. When mechanical systems for ventilation arcinstalled serving onl:,/ lhe area wherc fuels ale dispensed, the svstem;;i1;;;;when rhe service s@rion is open for business ""0'Jrliu. i"-,"i1""i";;;;#;:: llil:T: - thar luet cannol be dispensed unless lhe ventilalion ,y""..ir-inoperauon. 3. Exhaust system design. The exhausl system shall be desrpned h nr6!i.te,,.m^ovemenl across all porrions ofrhe dispensing floor area and t prer";iihJ;offlammabte vapon beyond rhe dispeniing ariu. f*r,ur" inr"r al.r. ,luii i" i'"iless.lhan 3 inches normore rhan l2 i;ches above rhe floor E_hil;;.;;;;X ;;;be localed in floors or penerrare rhe floor of ,h" di,p.;;;;;;';d ;il;;discharge to a safe localion outside tle building. ^.(d).Piping. l. General. piping sysrems shall comply wirh r-he provisions ofDivision VII. 3 iifrJiT,:tr,$.!:"x;r,,11,*1,';:::11, Ifl ff '"[J"#J, X'fl ]lJlll":or a venical shafr used onty for rhis piping. v.n;.ur unj toiilonui ;;f" ffiff:constnrcted ofmaterials havinE a fire_resistaoce mltng ofnot less thu",*o f,or^ 250 I I -:ffir. . #Ei . i"q*_i- ,}it# -7 79.113-79.20,|1982 EOITION (b) Reactive M.terials. Materials which will rcacr wirh water to prduce a hazard shall not be srorcd in the same room wir combustible liquids. (c) Empty Containers. The storage ofempty tanks alld conta used for the storage of flammable or combustible liquids. u €xplosive vapors. shall be as spccified for the storage offlammab and conlainers when emptied shall have the covers or plugs immc in openings. (d) Storagc Nesr Exits. Class I. II or lll-A liquids shal (including srock for sale) near exit doorways, srairways. nor ir uould impede egress. (e) Quartities Allorf,€d within SFcified Buildings. StoraSe III-A liquids in buildings in quantities in excess of those listed ir shall be within inside liquid storage rooms, liquid storage room $arehouses. dispensing rooms or mixing rooms constucaed Group H. Division 2 Occuparcies. Class I-A liquids shall t basemenl arcas. In addition lo these rEquirernents, see requirem Section 79.103. Amounts permined shall be storcd in apprc approved locations, and shall be limited in accordarce with the t l. In assembly buildings. hdels, apartment houses, ooe- dwellings and lodging houses. storagc is prchibited. EXCEPrIONS: l. Quanrtics not exceedinS l0 gallons for poses and opeiation of equipmanr when stor€d in approved cortai a private garage or approved localions. 2. Storage in erctss of l0 Sallons thal is usad for maintene opcration of equipment *hcn slored in cabinets which cor. 79.201 (B). 2. Educational. institutioml and offices: (i) Amount limited to that requircd for maintenance, operati tion. trcatment and laboratory work. (ii) Sto.age in excess of l0 gallons shall be in storage cabiner with Section 79.201 (g). 3. Wholesale alrd reEil stores: (i) Io rooms or areas accessible to the public, storage sha quantities ne€ded fordisplav and normal merchaodising pr not exceed 2 gallons per square foot of floor area actuall' merchandising Class I. Il or [Il-A liquids. EXCEPrIONS: I . Class I-A liquids shall not bc stored in ba: 2.The storagc of Classcs I and Il liquids o(her than on thc trc ctc€ed I gallon per squar. foot of floor area acNally beint us€d liquids- For water-miscible liquids or for areas protected with klers installed in accordance with U.B.C. Standard No. hazard occupancies. the quantities may be doubled. The manner of storage shall be in accordance with Subs ,(b) lbnks Temporarily Our ofScrvic!. Tanks remporarily our of s€rvice shall havc the fill line, gage opening and pump conncctio[ secured against tampering. Vent lines shall rcmain open aod be maintained in accordance with the requiri- ments oflhis anicle for vcnt lines. {c) Trnks Oul of Scrvice m Days. Any rank nor used for a Dcnod of 90 davs shall be properly safeeuarded or removed in a."nner opp-rj by the chiel Ih *s which arc to be placed back in service shall be tested in a manner approved by the chiei (d) Abovegmund Tanks Out of Seryicc One year. Any aboveground rank which has been abandoned for a period of onc year shall be removed from theproFrty in a manner approved by rhe chief. (e) Undergound Thnks Our of Service One year. Any undcrground rank which has been abandoned for a period of one year shall be either removed from lhe ground and the hole properly filled or such lank may be abandoned in Dlace and safeguarded in a manner and with material approved'by the chief. (O Ralnsta[ltion ofTrnls. Tat*s which are to bc reinshlled for flammable or combusible liquid service shall comply with all of the Fovisions of this arricle. See Division VI ofthis anicle. Fir€ Protection - Sec. 79.114. Firc prctecrion for the sroiage. rralsponadon and disFnsing of flammable liquids shdl be in acco(darce wirh Anicle l0 except as'otheriise provided in rhis arricle. Division ll \-/i CONTAINER AND PORTABLE TANK STORAGE ]NSIDE BUILDINGS General Sec. 79.20t. (a) ScoF. This division shall apply ro the storage of flarnmable and combustible liquids in drums or other containers not exceeding 6Ggallon hdividual capacity and the storage of portable tanks nol exceedrng-6@eallon individual caprciry. For the purpose of lhis article, flammable ierosois aod unstable liquids shall be treared as Class l-A liquids. EXCEPIIONS: I . Liquids in rhe fu.l ranks of nlolor vehicles. ailrraft. boars. or ponablc or srdionary cngines. 2. Alcoholic bevcrages in retail salcs or sroragc uscs, povided tha liquids ar! p€atagad in individual coorainers nol cxceeding 4 litcas. 3. Mcdicincs, foodsruffs and cosmatics, containing ,rot more than 50 percent by volumc oJ warer-misciblc liquids and with the rcmainde, of lhe solulion nol bein; flammablc. in retail salcs or stora8e usas when packagcd in individual conlainers n; cxcccdinE 4 litcrs. 4. Thc storatc of liquids that havc no fire poinl whan tcstcd in *cordance *irh U.EC. Stardard No.9-6. 5. Tle storage of distilled spirits and wines in wooden barrcls or casks. Portable tanks exceeding 66O gallons shall comply with Division V. lgo UNIFORM FIRE CODE UNIFORM FIRE COOE 'arily Out of S€rvic!. Tanks temporarily oul of scrvic€ shall e opening aod pump connmion securcd againsr tamp€ring. in open and be maintained in accordallc! $,ith thc require- br vent lines. iervicr 90 Days. Any taok not uscd for a period of 90 days 'guatded or removed io a marner approved by the chiei :o be placed back in scrvice shall b€ tested in a mauer i T8nks Out of Service One Year. Any aboveground tank rdoned for a period of one year shall be .emoved from the approved by the chief. Ta*s Out of Scrvic! ODe Yesr. Any urderground mnk loned for a period of one year shall be either rcmoved from ole properly irlled or such tank may be abandoned in place manner and with matelial approved by the chief. cf Tanks. Ta*s which are to be rcinstalled for flammable or :rvice shall comply with all of the provisions of this article. ,is anicle. protectio[ for the storage, traNportation and disp€nsing of lall be in accordaoce with Anicle l0 except as othcru,ise Division ll .ND PORTABLE TANK STORAGE INSIDE BUILDINGS (b) Ractive MrGdals. Marerials which will rcacr with uater or orher liquids to produce a hazard shall not bc stored io thc sane room with flarrunabic or combusdble Iiquids. (c) f,mpay Contsiners. The storage ofempry tanls and containen previously used for the siorage of flanmable or combustible liquids. unless free from explosive vapors. shall be as specified for the storage offlammable liquids. Tanks and containers when emptied shall have the coven or plugs immediaiely replaced rn opeIlrngs. (d) Storage Near Exits. Class t. II or III-A liquids shall not be srored (including stock for sale) near exit doorways, stairways. nor in a location thal (e) Qua iti6 Allorcd Wirhin Spccified Buildings. Srorage ofClass I, II or i III-A liquids in buildings in qua[]iries in excess of rhos€ lisred h this subsection r shallbe within insidc liquid storage rooms, liquid srorage rooms, liquid srorage ' warchouses. dispensing rooms or mixing rooms coostructcd as required for Group H. Divisioo 2 Occupancies. Class l-A liquids shall nol be saorcd in basement areas. ln addition to these rcquitements, see requirements for permits. Section 79.103, Amounts permined shall be stored in approved containcrs, approved locations. and shall be limited in accordance with rhc following: l. [n assemblv buildings, hotels. apartment houses. one- aod two-family dwellings and lodging houses. storage is prohibired. EXCEPITONS: l- Quantities no( excccding lO gallons for maintenancc pur- poses and operation of equipment when stored in approved conuincrs and locatcd in a pril?re garagc or approvcd locarions. :. Storage in ercess of l0 gallons that is used for maintenance purposcs and operation of equipmenr *hcn srored in cabineB which comply wilh Section 79.201 (B). 2. Educational. institutional and offices: (i) Amount limited to that required for maintenancc. operations. demonstm- tioo, treatmcnt and hboratory work. 1982 EDtTtON 79.201 (ii) Storage in excess of l0 gallons shall be in storage cabiners which comply with Section 79.201 (g). 3. Wholesale and retail stores: (i) In rooms or arcas accessible to the public, srorage shall be limited to quirnrities needed for display and normal merchandising purposes but shall nd exceed 2 gallons per square foot of floor arca acrually being used for mcrchaadising Class I. II or lll-A liquids. EXCEPIIONS: I . Class l-A liquids shau not be slored in baserrnts. l-The $oragc of Classcs I and ll liquids o(hcr than on thc ground 0oo. shall noa crcc.d I gallon Fr squarE foot of floor alea actually bciog uscd fo, mcrchandisinS liquds. For water-miscible liquids or for areas protecred with automatic sprin- klcrs installcd in accondance wirh U.B.C. Strndard No. 38-l for exrra- hazard occupancies. rhe quantitics may be doubled. The mannerofstomge shallbe in accordance wirh Subsection (0 ofthis 191 :op€. This division shall apply to the sto.age of flammable ids in drums or other containers not exceeding 6Ggallo[ ld the srorage of portable tanks not exceeding 66Ggallon sor thc pupose of fiis anicle, flammable aerosols aod be trcared as Class I-A liquids. iS: I . Liquids in thc fucl tants of motor vehiclcs. aircraft, boaas, or nary cngincs. ,cvcraSrs h rclail salas or ttor-age us.s. provid€d thc liquids are ridud coobincrs noa crcaadin8 4 litars. foodstuffs ard cosm€tics. containint nd ,nor€ than 50 pcrcerlr by misciblc liquids and with lhc remaindcr of ihc solution nor being eil ialas or storagc uscs u/h.n packrgcd in individual containers not of liquids thst h.vc no fir! point $hcn tcslcd rn rcordamc wilh No. 9{. ofdiatillcd spirits znd wincs in wood.n banEls or casks. eding 660 gallons shall comply with Division V. 79.201 UNIFOFM FIRE COOE s€ction. Dispensing shall be in accordance *ith Division Vlll. (ii) ln rooms or arcas not accessible to rhe public. storage shall not excccd the grcalerof 2 gallons per squarc foot of rloor area actually bcing occupied by the stotaee. not including adjacenr aisles. or 60 gdlons of Class I-A. 120 Sallons of Class I-8. l80 gallons of Class I-C. 2.lO gallons of Class II or 660 gallons of Class III-A liquids. or 240 gallons ir any combinarion of Class I and Class ll liquids. subject to the limirarions of rhe individual class. EXCEPTIONS: l. Class I-A liquids shall no( be stor.d in bascmenrs. 2. The sloregc ofClasscs I and II liquidson o(he.th.o the Eround floor shall no( cxcced I Ballon Frr squaE foot of,-loor aEa Etually bcing occupicd by ihc orage. not includinS adj cnt aislcs. For water-miscible liquids or for areas protectcd with automatic sprin- klers installed in accordancc wirh U.B.C. Srandad No. 38-l for exrra- hazard occupancies. the quantilies may be doublcd. Qua[tities exceeding these limitations shall be stored in an approved inside liquid storage room or liquid storage *arehouse in accordance with Section ?9.202 or 79.203. The manne. of storage shall be in accordance wirh Subsection (0 ofrhis section. Dispensing shall be in accordance with Division Vlll. (iii) Classes I. Il and lll-A liquids in excess of l0 gallons thar arc used for maintenance purposes and operalion of equipment shall b€ storcd in cabinets which comply with Section 79.201 (g). 4. Miscellaneous iodustrial buildings: (i) Stor.ge shall not exceed 60 gallons ofClass I-A. 120 gallons ofClass I-8, 180 gallons ofClass I-C. 24O gallons ofClass II or 660 gallons ofClass III- A liquids, or 240 gallons in any combination of Class I and Class ll liquids. subject to the limitations of rhe individual class. EXCEPTION: Class I-A liquids shall nd b€ storEd in basemcnts. For water-miscible liquids or for arcas protected with antomatic sprin- klers installed in accordance with U.B.C. Srandard No. 38-l for exrra- hazard occupancies. the quantities may be doubled. Qualtities exceeding 6ese limitations shall b€ stored in an approved inside liquid storage room or liquid storage warehous€ in accordance with S€ction 79.202 or 79.203. The manner of storage shall be in accordance with Subsection (f) of this section. Dispensing shall be in accordance with Division Vlll. (ii) Classes I. II and lll-A liquids in excess of l0 gallons that are used for mainteoance purposes and operation of equipment shall be stored in cabinets which comply with Section 79.201 (g). (f) Manner of Storage in Wholcsale arld Reaail Storcs and Mis.fllaneous IDdustrial Buildings. ln wholesale asd retail stores and miscellancous industrial buildings. Iiquid storage not exceeding the quanriries set forth in Secrion ?9.201 (c), Items Nos. 3 and 4. shall be in accordance with the provisions of this subsectioo. 192 1982 EDTTTON Containers under 3o-gallon capacit:/ shall not b€ staked two contaioers high, whichever is greater. unless on fixed sl^ satisfactorily secured. Containers over 30 gallons shall not I onc container high. All containcrs shall be stored in an uprigl Shelving shall b€ of stable construcrion. of sufficienr arTangement that containers displayed thereon will no{ be ea: Piles shall be not closer than 3 feet to thc nearest beam. cl obstruction and shall be 3 feet below sprinkler deflectors or r water spmy or olher overhead fire-prorcction systems. ln arcas that are not accessible to the public. Class€s I, II ar not be stored in the same pile or rack section as ordina modities except when they are packaged together as kits. IJaking co ainers shall be hten to a safc location in an ai the public and the contcnts transferred ro an undamaged conr G) Storagc Cabitrca.s. l. General. When provisions oftt liquid containers be stored in storage cabinets. such cabinets itl accordalce with this section. Cabinets shall be conspicu( lenen FLAMMABLE-KEEP FIRE AWAY. 2. Quantities. The quantity of Class t or Class Il liquids gallons and the total quantities ofall liquids in a storage cabi 120 gallons. 3. ConstruclioD. Cabinets may be consructed of wood shall be listed or consructed in accordance with the followin A. Unlisted metal cabineas. Mctalcabinets shall be ofstec of nor less than 0.043 inch. The cabinet. including the do *Blled with I '/:-inch airspace b€tween the walls. Joinrs shall I andshallbetightfitting. Doo6shall bewellfitted. self-closin a latching device. The bottom ofthe cabinet shall b€ liquid rr least 2 inches. B. Woodcn cabinets. woodcn cabinets includinS the door than l-inch Exterior grade plywood. Alljoints shallbc fasten with wood scrcws. Doors shall be well fitted, self-closing a latch. The bottom of the cabinet shall be liquid tight to a hches. Cabinets shall be parnted with an intumescenl-type p. 4. l,ocation. Not more than three cabinets shall be located EXCEPrIONI Cabiners in $oups nor excerding thre. r same [oom, provided they arc spaced from other cabinets nol lnslde Liquid Storage Room Sec. 79.202. (a) Gellersl. lnside liquid storage rooms shall ( rcquiremems ofSectron 79.203 and lhis section. (b) Conslructiol. The constructior of inside liquid storaS accordance with the Building Code for a Group H. Division : (c) Limited Are.. lnside liquid sto.age rooms shallnotexc UNIFOBM FIFE CODE Densing shallbc in accordance with Division VIII. areas not accessible to the public. storage shall not exceed the gallons per square foot of floor area actually being occupied by not including adjacent aisles. or 60 gallons ofClass l-A. 120 )lass I-8, 180 gallons ofClass I-C,24O gallons ofClass ll or of Class lll-A liquids. or 24O gallons in any combinarion of Class II liquids. subject to the limitations of the individual ONSI l. Class l-A liquids shall not b€ stored in bascm€nts. r8c of Classes I and tl liquids on othcr tha,l thc Sround flmr rhall not in per squaE foo( of floor arca actually beinS occupicd by thc stola8c, adjacent aislcs. .miscible liquids or for aEas protected with automa(ic sprin- cd in rccordance with U.B.C. Standad No. 38-l for extra- pancies, the quantitics may b€ doubled. s exceeding these limitations shall be stored in an approved I storage room or liquid stor.Se warehous€ in accordarce with 202 or 19 .2O3 . ler of storaSe shall be in accordance with Subs€ction ( 0 of this .pensing shall be in accordance with Divisioo VIII. I aod llI-A liquids in excess of l0 gallons that are used for c purposes and operation of equipment shall be srored in ich comply wilh Section 79.201 (g). rs industrial buildinSs: ll not exceed 60 gallons of Class I-A. 120 gallons of Cluss l-8. ofClass l-C. 2,l{) gallons ofClass ll or 660 gallons ofClass III- r24Ogallons in any combination ofClass I and Class II liquids. re limitalions of the individual class. ION: Class I-A liquids shall o(x ta stored in basernenrs. ..miscible liquids or for aEas prorected with automflic sprin- ed in accordance with U.B.C. Srandard No. 38-l for extra- :pancies, lhe quantities may b€ doubled. s exceeding these limitarions shall be stored in an approved I storage room or liquid storage warehouse in arccordance with 2O2 or '19 .2O3 . rer of srorage shallbe in accordance with Subscction (t) oflhis ,pensin8 shall be in accordarce wirh Division VIII. I and III-A liquids in excess of l0 gallons rhar arc used for. purposes and operation of equipment shall be srored in ich comply with Section 79.201 (8). itorrge in lvholesale alrd Retail Stor€s and luiscellaneous rgs. In wholesale and ret.ilsroEs and miscelhneous industrial rorage no( exceeding the quantities ser tbr(h in Section 79.201 and 4. shall be in accordance wirh the provisions of this 1902 EDmON 7g.201-7g.2t2 Conrainers under 3O-gallon capcity shall not be stacked morc than 3 feer orn*o conrainers high, whichever is grcater, unless on fixed shelving or otherwise satrslactonly securcd. Containers over 30 gallons shall not be stored morc than one conraioer high. All conrainers shall be storcd h an uprighr posirion. Shelviog shall be of srable consrrucrion. of sufficienr depth and of such arrangemenr rhar conrainers displayed rhercon will nor be easily displaced. Piles shall be not clorr than 3 feet to the nearest b€am, chord. ginder or otherobsulction and shall be 3 feet below sprinkler deflecrors ordischaig" o.id"", ofwarer spnry or other overhead fire-f,rotection systems. - In areas rhd arE nd accessible ro Ihe public. Classes l.Il ard lll-A liquids shallnol .be slorcd in the same pile or rack section as ordinary combusrible com-modities except when they arc packaged together as kits. - lraking conrainers shall be taken to a safe location in an area not accessible tothe public and the contents transferred to an undamaged container (8) Saorage Cabioets. L Geffial. When provisions of thls code rcouire rharliquid comarners be stored in sloiage cabiners. suctr caUiners anJi;;;; ;;i ;rn accordance wilh this section. Cabinets shall be conspicuously labeled in redleuers FLAMMABLE-KEEP FIRE AWAY. 2. QuanJities. The quanlity of Class I or Class II liquids shall nor exceed 60ga ons irnd lhe total quanttties of all liquids in a srordge cabinet shall nor exceed120 pallonc . 3. Construction. Cabrnets may be constructed of wood or metai. Cabinessnafl Dc trsted or construcled in accordance with the followine: A. Unlisted melal cabinets. Metalcabincrs shall be ofsreel havine a thicknessof nor less rhan 0.O41 inch. The cabiner. including lhe d;;h;il;;;;i;*lqd yith I | 'r-inch airspace berween lhe $alls. Joinfs shalf U. ;"."a ", ""ia"jano shall be tieht litting. Doors shall be well filled. self-closine and eauiD[Ed wirha latchrng devrce. The botom of rhe cabin"r ,r,ol * r;qriJ ii!ililHtfi;d;least 2 inches . B. Wooden cabincts. Wooden cabinets including rhe doors shall be of not lesslhan l -inch Ertc.ior_gradc ptywmd. Altjoinrs ,t "tiU" forr"n"a il'ii;;il;;;wrtn wrDd scrc$s. Dmrs shall bc well fined. s€lf.closing and equiDocd wirh alatch. Thc bonom of the cabiner srrarr ue tiq,ia iiiii-i;; hdffi,fiil;;inches. Cabincls shallbc painred with an mrumescenGlype paint. 4. Location. Nor more than ahree cabirlels shall be located in the samc room. EXCEPrION: C$'ncrs in Iroups not ercecding threc m:ry be locireil rn thcrJme room. providcd thcy are sp*.d trom o(harcabincrs no( tcas lhan I0O fed. Inslde Liquid Storage Room -:.19:20?. (J-)^cer.rera1. Inside liquid srooge rooms sha compty wirh dl therequrrcmcnrs ofSccrion 79.201 and this section. (b) Construction. Thc consrruction of inside liquid storase rooms shtll bc inrccord:rnce \ .r(h rhc BuitdrnS Code tbr a Croup H, bivision'f ftcu';;;_;.' -' "' (c) Limiled Area. lNid€ liquid storagc,ooms shall not exceed 5OO rquarc feet 193 79.m2.79,203 u tFoRM FIBE CODE h arca and shallbe separaled from orherarcas by occupancy scparations havin! Jfire-rcsrstive mring not lcss lhan one hour fo..*.. up to iSO.qrur" ft"rin -luartd not less than rwo hours where the room is more rhin 150 square tect in area. lepl:tio1s.lr.om olhel occupancies shall be nor less rhan required by Tabte N;. a- B of the Building Code. Llquid Storage Rooms ^ Sec. 11.43. (a) Gcmral. Quanrities of liquids exceeding rhose ser fonh inSedion 79.20t shall be within a room complying with the iquire-enrs ofrhis section. Such rooms shall be classified as a 6roup H. Division 2 Occupancy. Liquid storage rooms shall be protected by automatic sDrinklcr svstems installed rn accordance wih U.B.C. Srardard N;. 3g-l and Tnbles Nos. lg-Zm- C. 79.20GD- l and 79.200-D-2. ln-rack sprinklers shallalso comply wirfr U.i.C. Standard No. 8l -1. For in-rack sprinklers, ahernare lines shall be iraesered and multiple lcvels of sprinkler heads shall be provided wirh water shiilds unless separated by horizontal barrierc or unless the sprinkler heads are listed for such installations. Racks with solid shclves shall be provided with in_rack sprinklers al every tier or level. Automatic foam-water systems and automatic aqueous film-forming foam_$"ter sprinkler systems may be used whcn approved-by the chief. All liquid srorage rooms shall be provided wirh adequale drainaEe. Drainaee sysrems shall be sized and designed lo carry off any anticiDaled ,riff. ofr. ii"minimum calculated lire flow of the sprinkler syrr"m to'a ,"f;'i;ri;;'i; connected to a public dEin or le\rer syslem. a clarifiershall b€ installed. (b) Co$truction. The coostruction of liquid storage rooms shall be in accor- dance with the Building Code and have a minimum of one exterior *all. {c) Dispensing or Mixing. Liquids shall nol be drspensed or mixed in liouid slorage rooms unless such rooms comply with the electrical, healing and veniila_ tron requircments in Division VIll. (d) Quantitiesand Arrangement ofstorage. l. Gercral. The quanriries andaran-eemenrs ofliquid s(orage shall be in accordance wirh Table No. ZS.Z00-A.i79.200-8, as applicable. and this section. 2. Mixed storage. When two or more classes ofliquids arc stored in a single pile or single rack secrion. rhe maximum quantiries permirred in rhe pile or rick section shall b€ the smallest ofthe two or more separate maximum quantities. 3. S€prraaion arrd aisles. Storage shall bc arranged in piles or racks in accordance with Table No. 79.20GA or 79.200-8. piles shall be separated from each other by ar least 4-foot aisles_ Aisles shall be provided so that no container is more than 12 feet from an aisle. Wherc the storage of liquids is on racks. a minimum 4-foot-wide aisle shall be provided between adjacent rows of racks and adjacent storage of liquids. Main aisles shalt be a minimum of g feer wide. Aisles shall.be provided for access to d@rs. requircd windo$s or ventilation openings, standpipe connections. mechanical equipment. swilches. etc. Such aislei mavt 3 feet in width. provided thev are nor required for separation of piles or racksl 1982 EOITION 4. StabilizinS rnd supports for saorage. Container rarcd by pallcts or dunnage to provide stability and to p container walls. Poriable tanls storcd over onc ticr high srcurely {.ilhout duorage. Se€ Se.tion 2.303 (b) for r tank design. Shelving, racks, dunnage, scuffboards, : installations shall be of noncombustible consruction ot inch nominal thickness. Llquld Storaga Warehouscs S€c.79.2X. (a) General. Buildings used for storage dble liquids excecding the quantities s€t forth irl Secti. comply with the provisions ofthis section. Such buildt Group H, Division 2 Occupancy and shall comply wit Building Code for such occupaacy. (b) Sprinker SysteEs. Liquid storage warEhouses s maaic sprinklcr systems installed in accordancc with U and Tables Nos. 79.200-C. 79.20G.D-1, 79.2Co.D-2 rack sprinklers, ahemate lines shall be staggered and r h€ads shall bc provided with $"tcr shields unless separ or unless the sprinkler heads arc listed for such instal shelvcs shall bc provided with in-rack spritrklers at ever foam-'rater systems or automatic aqueous film-form; systems may b€ used when approvcd by the chiei All liquid storage warehouses shall be provided Drainage systems shall be sized aod designed to car.v plus the minimum calculared firc flow ofthe sprinkler sl connected to a public &ain or sewr system, a clarifier (c) Stor8Sc Arrrngemcnt. The iotal quantities of i waEhouse shall nor be limited, but the arraogemer accordance with Table No. 79.20GA or 79.200-8. as ap shall be in accordalce with Section 79.203 (d) 3. Containers and piles shall be separated by pallet: stability aod to prevent excessivc sEess to conlainct wi over one tier high shall be designed to nest securely wi rack, dunnage, scuffboads, floor overlay and simila noncombustible construction or of wood llot less than I (d) Mired Stor.ge. When two or more classes of liqu ma mum qualtities permitted in that pile shall be fie sr sepaiate ma mum quantities, alrd the height of storaSe be the least of the two or morc sepa.rate heights as given ?9.200-8. as applicable. when two or more classes o same rack. the maximum height of storage pemitted st or more sepante heights given in Table No. 79.20GB. Flr€mdbn S€c. 79.205. (a) Portablc Flrc Extinguishcrs. l. ' 194 , I I r I I UNIFORM FIRE COOE Daratcd from other arcas by occupancy separ-alions having a ,t less thatl one hour for rcoms up to 150 squarE feet in area hours wherc the room is more than 150 squarE fcet in arEa. roccupancies shallbe not less than rcquired by Table No. 5- e. 1982 EOmON 79.203-79.205 4. Stabilizhg and sJpports for storsge. Containers aod piles shall be sepa- rakd by pallets or duonage to provide stability and to prevent erccssive stress to cootaincr walls. Portable taoks storEd over onc tier high shall be desigoed to nesr scaurcly without du[nage. Sce Scction 2.303 (b) for requircmcnrs on portable tank design. Shelving, rack, dunnage, scuflboards, floor ovcrlay and similar iNtallatons shall be of noocombustible consruction or of wood not less ahan l- inch oominal thickness. Llquld Storags Wrrlhousea Sec. ?9.204. (a) Gemral. Buildings used for srorage offlammablc mcombus- tible liquids exceeding rhe quaotiries set forrh in Secdon 79.20I or 79.203 shall comply \rirh rhe provisions of this section. Such buildings shall be classil'ied as a Group H. Divisiol 2 Occupancy atd shall comply wirh the rcquircmenrs of the Building Code for such occuparcy. (b) Sprinker Systems. Liquid srorage waEhous€s shall be protected by auto- matic sprinkler systems insralled in accordance wirh U.B.C. Standard No. 38-l and Tables Nos. ?9.2flIC. 79.20G.D.1. 19.2Cf.D-2 and ?9.200-D-3. For in- rack sprinklers, altemate lioes shall be staggered ard mulriple levels of sprinkler heads shall be provided with waaer shields unless separated by horizontal barriers or uoless the sprinkler heads are listed for such installarions. Racks with solid shelves shall be provided wift in-rack sprir*lers at every tier or level. Automatic foam-water systerns or automaric aqueous film-forming foam-water sprinkler systems may be used whed approved by the chiei All liquid storage *archouses shdl be provided wirh adequate drainage. Drainage sysrems shall be sized and designed ro carry off any amicipared spill, plus ]he mirimum calculated fire flow of the sprioklcrsysrem to a safe location. If coonected to a public drain or se1l€r system, a clarifier shall b€ installed. (c) Storage Aratrgcment. The toral quanrhies of liquids in a liquid sroragc warehouse shall not be limited. but the armngement of stomge shall be in accordance with Table No. 79.20G.A or 79.200-8. as appropriate. piles and aisles shall be in accordance with Section 79-203 (d) 3. Coltainen and piles shall be separared by pallets or dunnage to provide stability and to prevent etcessive sress to container walls. portable tanls sto.ed over one tier high shall be designed to nest securely wilhout dunnage. Shelving, racks, dunnage, scuffboards. floor overlay and similar installations shatt be of noncombustible consrucdon or of wood not less tha[ l-inch nominal thickness. (d) Mired Storagc. When two or more classes ofliquids are sto.cd in a pile. the maximum qua[titics permitted in lhat pile shall be the smallest of thc (wo or more separate maximum quantities. and the heightofsto.age permitted in that pilc shall be the least of the two or more separate heights as given in Table No. 79. iOO-A or 79.200-8. as applicable. When two or morc chsses of liquids arc storcd in thc sarE rack. the maximum height of storage permitted shalt be the least of rhe two or more sepnr"are heights given in Table No. 79.20G8. Flre Protection Sec. 79.205. (a) Fortabl€ Fir€ ExainguishcE. l.'tlpe. Approved porrable cter systetns and automatic aqueous film-forming foam- rs may be used when appmved by the chiei ooms shall be provided wirh adequate drainage. Drainage I atld designed Io carry off any arlicipared spill. plus the firc flow of the sprinkler system to a safe location. If drain or se'rer system. a clarifier shall be installed. Ihe construction of liquid storagc rooms shall be in accor- 1g Code and have a minimum of one exterior wall. IIixing. Liquids shall ror be dispensed or mixed in liquid .uch rooms comply with the elecrical. heating and ventila- )ivision VIII. Ar8ngemeoa ofStomge. l. General. The quantities itnd I storage shall be in accordance wirh lible No. 79.200-A or 'le, ard lhis secrion. When two or more classes of liquids are storcd in a single (ion, the maximum quantiries permitted in rhc pile or rack lnllest oflhe two or more separate miuimum quantities. I alslcs. Storage shall be a.ralged in piles or racks in 'No. 79.20GA or 79.2m,8. Piles shall be separatcd tiom -fool aisles. Aisles shallbc providcd so thaa nocontaincr is )m an aisle. Whcre the storage of liquids is on rncks. a aisle shall be provided bcrwee[ adjacenr rowsofracks and r.tids. Main aisles shallbe a minimum of 8 fect wide. Aisles ccess to doo.s. rcquircd windows or venrilalion openiogs, . mechanical equipment. swirches. etc. Such aisles mav tr ed they are not required for separation of pilcs or racks. 195 ,mg .ener8l. Quartities of liquids exceeding thos€ sct forth in be within a room complyiog nith lhe rEquircments of this hall be classified as a Group H, Division 2 Occupancy. rms shall be protected by automatic sprinkler systems e with U.B.C. Siadard No. 3&l alld Tables Nos. 79.200- '.20G D-2. In-rack sprirklers shall also comply wilh U. E C- or in-rack splinklers. altemate lioes shall be staggered and -inkler heads shall be provided with water shields unless al barriers or unless the sprinklcr heads are listed for such irh solid shelves shall be provided with in-rack sprinklers at CITY OF EHINHISSEN 690 COUTTER DRIVE ' P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317 (612) 937- 1900 MEMORANDU14 TO: Barbara Dacy, City Planner FROM: Bui lding Department 1988 \ DATE: March 30, SUBJ:Chanhassen Lawn and Sports 88-4 Site Plan and 88-3 CUP A plan reviei{ out,line will need to be filled out by the archi-tect. This shoul-d accompany tbe plans when they are submittedfor a preliminary plan review. The exit st.air into the storage/repai,r area must be in a one hourenclosure. The H-4 and B-2 occupancies require a one hour separation. The entire building must have an approved sprinkler system includi.ng the attic spaces. lvk',r;rt.,i *, # CITY OF EH[NH[SSEI[ ME},,IORANDUM TO: Planning Commi ss ion FROM: Larry Brohrn, Staff Engineer 48 DATE: March 31, 1988 SUBJ: Site Plan Review for Lot 5 and part of Lot 6, Block I,Frontier Development ParkPlanning File Site Plan 88-4, Bernie Hanson the MGMvery little This sit.e is located on WesE 79th Street just west ofconplex. The sit.e consists of a flat open field with mature vegetat.ion. The plan submittal did not, include utility plans. Thesebe subnitted for approval by the City Engineer prior toissuance of a building permit. Access S an i t.ar Sewer s hould the oneAccess to the site will be proviCed by one main entrance andservice drive onto West 79th Street. This plan adequatelyaddresses traffic circulation and traffic movements. Municipal water service is available to the site by an existing10-inch watermain which also ext.ends along west 79th Street. Due to inadequate fire hydrant coverage to the rear of this site(average Iot depth = 370 feet), Pubtic Safety has recommendedthe addition of a fire hydrant along the northern property lineto properly serve the hydrant and sprinkler demands for this prop-erty. The watermain is planned to be "1ooped" from thisnortherly hydrant west to the City's I0 inch main at nee, ltarketBoulevard (see Attachment #1). The developer will be assessedhis proportionate share of this looped construction as a part ofthe Phase II Improvement project for the downtown. fiTW,4,tra,;:| 690 COULTER DRIVE ' P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317 (612) 937-1900 llunicipal sanitary sewer is available to the site by an existingI0-inch sewer main which runs along West 79th s+-reel. A 6-inch PVC sewer service is extended to the property line for Lot 5. Watermai n Planning Commiss ion March 31, 1988 Page 2 Gradin and Erosion Control Minimal grading will be required on the site. Drainage for the entire site has been directed to the catchbasins which exist (not shown on the plans) along West 79thStreet. Onsit.e ponding will not be necessary since this addi-tional drainage was accounted for in the Stormhrater ManagementPlan for Phase II of the Downtown Redevelopment project. Recommended Conditions SiIt fence sha11 be placed and maintained along the southside of the site prior to the commencement of any grading. It is reconmended thatplaced along Ehe south An additional corner of thesized to meetproperty. I 2 Type I erosion control (silt fence) beside of the site. fire hydrant shall be added to the northwestproperty by the developer. The main sha11 bethe sprinkler and hydrant demands for the 3 A plan which shows the exact watermain location, spacing ofthe fire hydrants, and si-zing calculations shal-} be submittedfor approval by the City Engineer prior to issuance of abuilding permi t. The Ceveloper shal1 agree to be assessed for his propor-tionate share of the cost for looping the watermain to the wes+- and waives any and all procedural and substantive objec-tions to the public improvement and payment thereof, and waives appeal rights otherwise available pursuant to MSA s429.081. The developer shall provide the Citsy a 10 ft. utility ease- ment centered over the watermain and shal1 dedicate this watermain to the City at no cost after final acceptance. Curb cuts and curb replacement sha11 be coordinated with the City's Phase II construction plans for the downtown. 4 5 6 Attachments: Watermain Looping Diagram (i D 1a a $r I I l .tf,i I lln !a I-l -. "--J 10 iL.--. r-i. -r . --rt_. r-....r-allli-i.-.i.-i-r..-. j- Ir I D t,^,--lY ...1o- ..1 1o ]F I -I -T--r - t 8' ''i El a--.-- '-:- [::-ri lr\E---u-I nl I II '-t I I ,t I I ,lt r I i I !ora---1 L I :l r_{! 10 !- ---:- t;.l I a ! I\" ( 03'f ) H.o tooP -.-.---l )J I 1 I I lr; ir Watermain lmprovements Existing Existinq To Be Reni'oved Or Abandoned Proposed t __: lllilU -l t Watermain ASSeSSment -l , -1 !--r II IIt 0 I I i '- - _.. ,] I FIGURE 5 NOVEMBER 11JANUARY 1 rfGhan. rassGtn Lavun E, -iiponts 48O West 7Elth Stneet . Chanhassen, Minnesota 55317 March 14, 1988 TO: City of Chanhassen RE: Conditional use permit (snaI1 v.:hic1e sales) I am applying for a conditional uselawn and garden tractors, commercialand snowmobiles. perrnit for the purpose of sellingri.dinq mo!.rers , f our- wheel ATV' S *.*tilvf;Uc i"e!* ! lr?!*l;llsilt - {Acnoss fnom DiErl€ln Theaten] 61e/534-5303 Sincerely, n K)u-r,;t il-*-,- Bernie Hanson Chanhassen Lawn and Sports 612-934-5303 Char{. rassGrn Lawn I /sponts 48O West 78th SEneet . Chanhassen, MinnesoEa 55317 [Acnoss fnorn Dinnen Theatenl 61e/g,3E-E,3C,3 March 14, 1988 TO: City of Chanhassen RE: Conditional use permit (outdoor display of merchandise for sale) I am applying for a conditional useoutside of the building. pernit for displaying some equi.prnent s,,*k.-^- Bernie Hanson Chanhassen Lalun and Sports 612-934-5303 .""r.9 rlW#!i$,r*,- Sincerely. char{ rassGln Lawn EGports E re March 14, 1988 TO: City of Chanhassen La$rn RE: Conditional use pernit ( screerred outdoor storage ) r am apprying for a conditionar use perni.t for the scr-eened oucrloorstorage area *hich will be used fcr custoner equlpment waitir.g to bepicked up or repaired. The roof or ihe building will r.ove.r rhe c,11.The two outsj"oe wal1s wiLl be chain link fence w:.th woca se:c:ringover the ouEside for privacy. I,le ;i11 also sEore sonc w.:od io.js wiric!:will have a n.ix:.mulll diameter of 1t)" and six to eiqht r:eet. in -.Jngr.:1.This r+ood wirl be p.'r-tt into a sa$, l:uck for test cu;Li.r,.; rri tli .l si:ii. Sincerely. and S.,ort s %ar;o^4,-".-* tfrrfTf/t|fa'*U 48O West 7Elth Street o Chanhassen, MinnesoEa 55,317 [Acnoss fnorn Dinnen Theatenl 612/93E-5E,Qi Bernie Hanscn Cha-.rhasse:n Lawn ai,d Sports 512-93d-53C.1 Ghantrassen Lawn &Lports 48O West 78th Stneet . Chanhassen, Minnesota 5=317 [Acnoss fnorn Dinner TheElten] 612,/934-5303 G wre I March 14, 198 8 TO: City of Chanhassen RE: Conditional use permit (auto scrvj.ce center) Sincerely, Bernie Hanson Chanhassen La!fl1 and Sports 612-93 4-53 0 3 /nfr;l.i.t:',$&- r am apprying for a conditional use permit for the auto service centeroperated by Loren Anderson. His work consists of muffrer, brake work,engine tune-ups, differential anc Eransmission repair, grease arrd }ubework, ti-re balancing and tire replacement, cylinder head removal (head issent out for machine work) also i.n;:tlding electrical and otfrer minor auto_motive repair work. 6r'u q/"-*,- Ghal{rassGln Lararn SGponts re ilE -1 - ,). March 14, 1988 City of ChanhassenTO: RE:Conditional use permit (Jirn Derhaag racing operation) I will try to describe a normal sequence of events for Jim Derhaag whooperates a STATE OF THE ART race operation. Jim and his crew compete in20 to 25 races across the United States fron the east to the v.'esE coaststarting in April- and running to Novenber. They haul their corT.pLetemachine shop and race car vrith all neccesary backup parts and equt"ptnentin a "spotless" white fifty foot goose-neck trailer. T..ring rhis unit ismatching white cren-cab one ton truck. When the'I r.iLii r- l::.,.r .. r:'ce the..'back up to the i.oor of their shop ,rnd unload the ctr .1r:(l aiiE e:-:tr:i parrsthey have a1ong. At thi.s tine they scrub and poilsh :i-i. insi5. and out.-side of their nrobile machine shop. The traiier i-s tnen pa::ke<l lluEside anclout of the way until they load up for the the next rac.:. The race car fenders, hood and body panels are r.ade of :l,be:'gl-ss wlthquick disccnnec! fasteners which n:r.-(€s it possj-ble !o gaf :\ access :o all tnechanical parts of the car in ninu;es. With the panels ofr, lhe engineis then renoved and shipped by air ;reigtht to their engr!-re buirder in Texas. The buiider will go conpletr:iy through the +ngir:e and iyno tesLthe motor before shipping the engine back for the next race <iace, With panels and motor rernoved, the car is left setting on four stands allowing them to compLetely inspect and repair the comFonenrs of tshe car before reassernbling for the next ra--e date. The fiberglass pan-ls, if darnaged, are Eaken to a vendor for repair or replacenent. I believe this operation would fit .rery nicely into the complex and I welcome anyone tc stop in and see iis "spotless operation" t Sincerely, (>c/o*-', Bernie Hanson Chanhassen Lawn and Sports 612-934-5303 GET 48O West 78th Street . Chanh6ssen, MinnesoEa 5.5,317 [Acnoss fnorn Dinnen Theaten] 6'12/934,-530,3 *;-!, $. t:.t irEr Fz UJah -2. -e \a^ o I ,i: rr;'r''l i. 'l .,.v I oF6o Yri-er, tir \ RSH3l o6 ) tr.tF F lr,Y J68 tl:: o 1t- :..o N Ai\Hi--+ Lz E1 t ! 2 E 2 o v uvd (r-o2 o1ont a- G. o4,o G" e5 } ..;7 Jru lr.l CE d5 )2ao u,I luA.{ o) - - oJ lrJ uJo' YE o- \ ulril, 4.,) 2 E UJ Fzo oo o "t II I tI Ia! z.\r(r) (,) S =\ 3 I3i il ot 9 vctoSnE \ (! oz I I I>.f I Il. t: 5 d,i o I I L: \t{ i3 { (\l i E o, _?! t I (r) trtY J z s ol 'r/. 3 woNvl'l ltt Llt L l- D L t !, .l: .T ; ir --E--l i ),-, 1r! i, ' t I -'-"---t I T L- -,r--- r L-- r -t Eo o ..,] l t:t- C t- -1 o J u l-- I i-irl-:..----- -: -_:: "-1 .--..-1 P Etlstlng Proposed Fulu.e By Olhers Ir I -.\------ t\ i) r. l' .,.5 il- Roadway lmprovements Alternate A lllv NOVEMBEE i'!6 CHANHASSEN DOWNTOWN FEASIBILITY STUDY - --J --{, 7 ttrttllltltlttttrtt il :i i.l I i ill"rl -- t]. L ,.,/ -'-4-- -,.'t....././ I I I iL_ll E=aI fty-V',-r1= -€.C D :1 a, I s a\7 Derhaag Motor Sports, Inc. 510 W. 78th St. . P.O. Box 503 . Chanhassen, MN 55317 Ph.612-934-1022 ProfilinE Jim Derhaag Telephone: 6L2-934-LO22 Jin Derhaagr 37 is in t,he process of oaking a spectacular i,nprovernent, as a professional racer-and will set a record in the process. Beginning in the 1988 season in Long Beachr Derhaag of Chaska, ltinn., sill have raced in more frans-Am events thaE, anyone in the hist.ory of, the sports car club of America championship. He vi11 have competed in more Trans-Ams than parnelli jfonesr the late Mark Donohue and peter Gregg, Bob Tullius and current record holder George FoIImer. Derhaag has been a regular on the Trans-Am circuit since 1983 and has run an independently-f inanced t,eam. He finished sirth in t,he championship in 1983 and IOt,h tuicer 1984 and L986. Derhaag rs performance chart. has rapidly improved. Inst,ead of running in the top lO, Derhaagrs camaro IRoc has been running in the t.op f ive. Derhaag grer, up in E,he shadous of a Minnesota short track called Raceuay Park in Shakopee. When he vas 14 years-oldr he bought, a 1938 Chevrolet Coupe and sBarE,ed tearing it apart, learning about engines. ( more ) Derhaag Motor Sports, Inc. I 510 W. 78th St. . P.O. Box 5(x} . Chanhassen, MN 55317 Ph.612-934-1022 As a 16 year-oldr he began racing aE trro Trrin Citiesr dragstrips and did that for three years. At the saoe timel he becane a creunan on a late-model stock car and began racing hineelf Ln 1972t at the age of 21. 'tty first. y€iEr we won only tso racesr. Derhaag said. 'We t,on a heat, at Elko Speeduay (Shakopee, Uinn.) and a qual_ if,ying race at wisconsin DeIIs Speedway.. The fol,losi.ng !ear1 he caapaigned a 19?2 Chevelle and won 27 races throughout the niduest. His short-track career continued until 198Or shen he decided to take up road_racing. He made his first, Trans-Ae appearance in 19g2. ,,At this point in ny life1 I.n probably nore adept at driving on road courses than in driving ovals in American Speed Associat,ion or ARTGo chanpionships, n Derhaag said. .Besidesr driving road courses ig more enjoyable. you have to be nore precise and it,rs not as Donot,onous. Each turn is different.. Throughout his racing coE€eEr Derhaag has held a series of jobsr ranging from managing a chevrolet dealership in okrahoea to ovning a part,s business in t.he Tsin Cities. Ee has been a full-t,ine, professional driver since I9g3. ltarriedr his sifers name is Lynne. He has t.uo daughters, Holly (f6) and Sara (2). -2- Derhaag Motor Sports, fnc. EI 510 W. 78th St. . P.O. Box 503 . Chanhassen, MN 55317 Ph.612-934-1022 Charting The Crew Michael hand 1es g ene raI ASA cars c reuman married r Jim and Chaffeer age 26...began crewing for Jim Derhaag in 19?g...engine changesr car set-up, rebuilds transmission andmai nt,enance. . . former driver...cresed on the ARTGO andof _Derhaag and Jay saut.er of Necedah, liisc. . . a.l.so sas aon Jim Sauterrs NASCAR efforts aE Ehe Dayt.ona 5O0...wife I s name is Lisa. McLeIlanr age 34...started working eith Jim Derhaaghandles the elect.ric and sheet. mefal fabrication f5r Jeff Loftness, age lg...began working reith Jimduties include ordering of parEs and suppliesrtrailer i.n order and general detail wori. Derhaag fuel ing in l97I the t. eam . in 1988. . .carl keeping Kris Lillemor age 32. . . startedChaskar MN.. .duties are enginemechanical general maintenince. in 1987...engine builder fromt.uning and maintenance as weII as Derhaag Motor Sports, Inc. ..- 510 W. 78th St. . P.O. Box 503 . Chanhassen, MN 55317 Ph.612-934-1022 JI}1 DERHAAG CAREER TRAilS-A}I RECORD Sersor Surorre Besr Ftrrsx or Sersor 4rH Secolo rr Sr. Pgrenssunc 10rn SrxtH nr Ponruano nno flr o-0x r o Lhn F r rrr lr Derno r r 10rH SlxrH nr Selns Pornr 6rn SrxrH ar RrvensroE No potHts scoRED. Rnceo twtcer DtD N0T FTNISH EITHER RACE. I987 RESULTS FtrsIHEvrrr LoHc Belcn Selns Polur , PonrtlHo Detno I r Hro-0xro Bnl r Heno Lrne Rocr Roao Arentcl IlenpH r s f'losponr Roeo ArulHrl St. Perenseunc 6rx 5rH 4rH 10 rH 7tn 3no DNF 5rx DNF 5rH 5rH 2ru0 Yern 198 7 1986 1985 i98q t98l 1982 Derhaag Motor Sports, Inc. 510 W. 78th St. . P.O. Box 503 . Chanhassen, MN 55317 Ph.612-934-1022 Deuco SuspeHston SysreNs BBS Krruoatu SreH Anr Spoxsons Denurrc t{oron Sponrs, Iilc.:1988 Cereno IROC SUPPORT AND ELECTRICAL PRODUCTS ENGINE BUILDER AT{D AT-TRACK SERV I CES ENGINE PARTS TIRES AND AT-TRACK EXPERTISE REAR END A1{D DRIVE-TRAIN PARTS BRAKES T CLUTCHEST PARTS ENG INE GASKETS DRIVER SUITS,SHOESTGLOVEST SEAT BELTS AND SAFETY EOUIP}tENT SHOCK ABSORBERS T'HEELS r.t0T0R 0 t L SUPPORT AND GRAPH t CS Elecrnrc l{lne Pnooucrs LozlHo BnotxensPonrrrc Raclne Enernes Cnevnoler Goooyeln G 8 G SpecrALTtES Itlron EuelneeRlte Felpno PYROTECT Derhaag Motor Sports, Inc. t 510 W. 78th St. . P.O. Box 503 . Chanhassen, MN 55317 Ph. 612-934-1022 1988 CAilARo IRoC Ue t exr Euarre Srze Honsepowg n ToRoue Tnlrsr,rtsstor CuurcH Rern EHo Bnlx e s Fueu Clplcrrv Dnv-Sump 0ru Clplcrrv Suspens lon Sreenrre Rarro Top Speeo Zeno ro 60 rpx 0uanren l,lr te 2'575 ntxmuil HETGHT 310 cusrc rNcHEs 575 n 8,500 npr 402 roor pouilDs rr 6.,500 npn 5-speeo llersrln lluurr Dlsc Tlurot N t ue: t Hctr l{ I trens ALUr I NUr,l BRenno Foun-1./xeel Drsc 31.7 eallols - Foun entuoris Deuco ExpenrflElrAL Coru-ovERs- 12roI 206 mrues PER HouR 4.2 secoHos 11.J5 secoHos lr 135 mpn Derhaag Motor Sports, fnc. 510 W. 78th St. . P.O. Box 503 . Chanhassen, MN 55317 Ph. 612-9U-1022 JIII DERHAAG 1988 SCHEDULE AiID RESULTS SCHEDULE Apnlt 16, Loxa Belcn It'hY 1, Druuas lihy 29, Sonoma JuHE 12, Nrleanr Flrrs JuHe 18, Dernorr Jut-v 2, CuevEulHo Juuy 17, BRnrHEno Juuv 23,Fr-usx r no Aueusr 6,Lrtle Rocr SeprrNsen 3,Lex lncron SepteHsen 10,Er-xxlRr Llre SgptEr'lsen 25,ltlosponr Plnr 0croaeR 8-9,['l t r-r- T NGToN 0crosen 23,Sr. PETensaune RESULTS SER]ES }TANAGER Robyn tlatk ins SERIES TECH. ADH. Dave l{atson COI.{Ir{UNI CATI ONS HANAGER irohn Clagett DATE APRIL 15 UAY 1 llAY 2 9 SERIES REGISTRAR Scott/csen Eughes JU}IE 12 JULY 2 JULY 23 AUGUST 6 STPTE1BER 3 SIPTEI1BER 10 SEPTE{BER 2 5 @TCER 8-9 SITE LONG BEACH G RAND PRIX LONG BEAC8, CA G RAND PRIX OF DAII,AS DAI,LAS, TX SEARS POINT INTER}aTIOI,IAL RACEWAYsoNolA, cA NIAGARA FAILS GRAND PRIX NIAGAR.A FAI,LS, NY BRAINERD INTERI.IATIOML RACEWAY BRAINERD, I{:' I'TEADO9JLANDS G RAND PRIX FLUSHING, NJ LIME RCK PARK LrME RCX, CT MID-OEIO SPORTS CAR COURSE LEXINGTON, OH ROAD A.I{ERICA ELKHART LAtrE, WI UOSPORT PANX I{OSPORT PANX, ONTARIO ST. PETERSBURG GRAND PRIX ST. PETERSBURG, FL CONTACT CERIS POOK(213) 437-0341 BUDDY BOREN(2I4) 5s9-6108 DARWIN DOLL(707) 938-8448 BRIAN CZAJA(?]6) 885-6500 ROtsERT I"ICCAB E(313) 259-5400 DICK ROE(612) 47s-1500 LORIS S}IITII(201) 460-4387 JIM SHANE(2031 43s-2s72 EDNA PATE({14) 876-3356 EAR!/EY ET'DES(416) 665-656s GRE SI.lIIl(90r) 3s8-7223 JOHN C. :ANNON(813) 896-7223 OCTOBER 23 JUNE 18 JULY 17 1988 SCCA TR,NIS-AI,I SCHEDULE .r.: .-.:.::, . .. -.. EEEIEE CEIEF STEWAND arohn Mar t InEen DETROI T GR,AND P R] X DETROIT, I{I CLEVELA}ID G RAND PRIX CLEVELAND, OH I,IEMPEIS INTEMBIIOriAL UOTORSPORT PARK TTILLINGTON, IN GENE HASKETT(215) 781-3500 - HAC MCDERMITT(614) 876-3200 \ \( \ \:,!oYI\l I I r c I t(\, g , E r I '-l N @, o Iot ra ,<t (, t @, ,o r\?qr.lt:i 1 a, tTl €vG '( t (( I,AND DEVELOPIIENT APPLICATION CITT OF CEANE,ASSEil 690 Coulter Drive Chanhassen, MN 55317(512) 937-1900 8F(/,/F {Jaso a,' orNERs C r (/>g 7-//ottr 2s A |; ADDRESS ////Tfi4 1ttil :;S;s./.fzip code934- -<-.za < APPLICANT : ADDRESS J z 1p Code TELEPHONE (Daytime ) REQUEST: PROJECT NANUE zoning District Change Zoning Appea1 Zoning Variance Zoning Text Amendment Land Use Plan Amendment Conditional Use Permit Site Plan Review TELE PHONE x Y n/.a /-< c t- /^P r-47/n PRESENT I,AND USE PLAN REQUESTED LAND USE PL PRESENT ZONING DES IG NATION C c ntt ER c.r/A /- AN DESIGNATION BH f, /z'---REQT'ESTED ZONING USES PROPOSED r Ooi'S/o-- s-, aRAcE- qoo s:a Fr AufA nE2a/4 AlR " F.'.i ?t',o s.4,'=rse F:?4u7'( Aac/L'G / -!.to .>A F-r- 8. as 4aiEs R uttlruti So rrSIZE OF PROPERTY.'...,...:, LOCATION l-t' - -Q -TH REASONS r7n'C FOR THIS REQ UEST ,/..:I n/1 :. ( !-t E /7-!- ,t\ /;{E r r,ar,l T14F ttEc L-s\'1/-':/ C:x1, -, ,.-^;L L:,a r) j.t:t:, r.s i'.'/: 7,1 € ljt iLtlt*G LEGAL DESCRIPIION (Attach legaI if necessary) rfrlY1tg;t aV ,.' t ? r/a,t, Planned Unit Development Sketch Plan - preliminary plan _ Einal Plan Subdivi sion _ Platting _ Metes and Bounds Street/Easement vacation wetlands Permit c'7- {City of Chanhassen ,":;: 3t""'"Pment APplication { This applicaLion must be completed in full ulg !e typewritten orclearly printed and must U" i"co.f"ni.I-oy alL information andprans required by aopl_icabie-a;t;.o;;;;.nce provisions. Before11.1"? this applicairon, you should confto deLermin. 'tf,.-Ii."ific ordinance and ::^:i:l tf. citv Prannerappricable to yooi'ippr icat ion rocedurar reguirements FILIN G INSTR U CTTONS: Signed By Signed By ,La-,b\_, APP I 1c an E Fee Owner Date 3-tc-88 Dat e 'Id10 cNlNNvld NlssvHNvHs i :- tt\{l^l -.. v' i-ii. :=i-:=33U NlssYHNVl{J i0 Allc Planning Commi ss ion,/ The undersibned reoresentative of the appricant hereby certifies:33t'::.i: Sititi5rr:th-;;;' ;';:uiiil.io..nui."."ni"-6r-Iir". The undersiqned hereby_certifies. that the applicant has been:::::ii:;: to make this appriciri""-ior....he properry herein Date Application Application Fee city Receipt No. Rec e ed Paid adv)e by thetheir This _Application will be consideredBoard of Adjusrments ""a epp"ii.-lImeeting. FILING CERTIFICATION: CITY OF 8P.C. DATE: April 6, 1988 C.C. DATE: April 25, 1988 CASE NO: 88-2 Site Plan Prepared by: Dacy/v STAFF REPORT Fz (J =LL ko hJta Site Plan Review for Expansion of Existing City Hall for 6,411 Square Feet Including Parking Lot Landscaping Reconstruction PROPOSAL: LOCATION: n*f i APPLICANT: 690 Coulter Drive City of Chanhassen ri_ 4-A -89i;; . r3.r' PRESENT ZONING: ACREAGE: DENSITY: OI, office Insti tutional 1.54 acres N,/A ADJACENT AND LAND ZONING USE :N- S- E- w- OI; OI; OI; BG; elementary school vacant commercial and oId bank buildi Post Office and Fire Station vacan! commercial WATER AND SEWER:Municipal services are avai Iable . PEYSICAT CEARAC. :Existing City Ea1l and parking area 2OOO LAND USE PLAN: g EHINH[SSEII Publ ic./Semi-Publ ic ** RSF -rl1 ff L.-.,t UD-R ,{ \il 1 -lr l'2 Go I LAKE 3 tI -l R4 R12 U' , € 6 R l-YA(j (ICP RSF- f,tcE * ,) ( I-.j! LAKE SUSAH t ct c, o) R R 1 -t R12 ql lS4qno0 o & I DA .CBD ratstl GlBCtl RD Ntr L OTUS ,1t \ I or RS City Ha11 Expans ionApril 6, 1988 Page 2 REFERRAL AGENCIES Fire Inspect.or Building Inspector City Engineer BACKGROUND ANALYS I S fI #2 #3 The City Council on tqay 19, 1980, approved the platting,rezoning, site plan and public improvement project nec6ssary toinitiate the const.ruction of the existing City-Hall and Libiarycomplex. As part of that consideration, the City Councilapproved the total concept plan for future expansion of City HalI(Attachment #4). The future concept plan entiiled construciionof a "mirror image', of the existing City HalI building imme-diat.ely to the lvest. parking areat on Lhe west side iouldmirror the parking areas on the east siile. The progosedconstruction represented in this application rep-resints the iirstphase of the ultimate plan for City Ha1l. Also part of the Council's consideration in 19g0, was how thesite and traffic circulation related to the downiown redeveiop-ment plan. Attachment *5 represents the current redevelopmentp1an. Lirtle has changed. since the proposal in 19g0 .*..it thatthe road between the old_ bank _buirding ind the new uanx uui:,aing( extension of MarkeE Boulevard) has a more north/south atignmentversus t.he 1980 proposal which angled into t.he proposed riig road(complete reconstruction and rerocation of west TgLh street. tothe north). The grading and landscaping plan prepared by BRWincluded in the packet outlines the extent of Lhe- reconstructionof the existing parking area on the lower level of existing CityIIa11. Attachmen t Attachment Attachme n t The first. phase addition _ consists of approximately 6,411 squarefeet. The addition consists of a two sEory construciion, fhelower floor of which wj.ll remain empty for storage purposes.Hoerever, should the Library need to expand, space i! airailable.The upper floor will be extension of offices ior buildinginspecLion and public safet.y personnel. Ultimately, the lowersection will be used for additional space for public safety/orother city needs. The same construction marerials and extiriordesign wi 11 be maintained. Adequate parking is avaitable for the additional office space.However, a minor adjustment to Che driveway on the west side ofthe building will be constructed. The parking lot adjustments onthe east side of the existing building adjacent to MaiketBoulevard will be compreted during the second phase of the rede-velopment project as well as the completion of the extension of City HalI ExpansionApril 5, 1988 Page 3 Market Boulevard north access ) . of West 78th Street (currently a gravel Additional landscaping will also be installed around the proposed expansion beyond that which currently exists in compliance with ordinance standards. Existing 1i9ht fixtures will be replacedwith light fixtures which are consistent with the light fixturesto be installed in the downlown redevelopment area. RECOMMENDAT I ON Planning staff recommends the Planning Commission aalopt the followin9 motion: "The Planning Commission recommends approval of Site PIan Review *88-2 for expansion of the City HalI for 6r411 square feet with landscaping and parking 1ot reconstruccion based on the plan stamped "Received !{arch 14, 1988", and subject to the following condi tions : 1. Provision of a handicapped parking space. " ATTACHMENTS Irlemo from Fire Inspector dated March 30, 1988. Memo from Building Department dated March 29, 1988. Memo from City Engineer dateal April l, 1988. City Council minutes dated llay 19, 1980. Planning Commission minutes dated t'lay 14, I980. I980 Concept p1an. Road improvement plan from DownEown Redevelopment Feasibilitsy Study.Detailed location maP. Site Plans stamped "ReceiveC March 14, 1988". I 2 I 4 5 6 7 8 9 t CITY OF CHINHISSEN I{EUORANDUM TO! Barbara Dacy, FROM: Steve Madden, DATE: March 30, 1988 SUBJ: Chanhassen City ltal1 Addition Upon completion otion, I have foun ments of the Uni f 6s0 couLrER DRrvE . P.o. r?J jilr; SINHASSEN, MTNNESoTA ss317 City Planner Fire Inspecto frdt orm he sj.te plan review of the City Hal1 addi-hat the site plan meets the minimum require-Fire Coile. ,l7ruft,{a}ru/ ( MEMORANDUM TO: Barbara Dacy, City Pla FROM: Bui lali n9 Department DATE: March 29, 1988 SUBJ: City HaIl Addition #88-2 Site PIan 690 COULTER DRIVE . P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317 (612) 937- 1900 CITY OF EIIINHISSEN nne r Sur A handicap parking stall will be required as close as possible tothe new northwest entrance. ft(W/efi#J-- CHINHISSEN 690 COULTER DBIVE ' P.O. BOX .I47 ' CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEI,iORANDUi{ TO: Planning Commission FROM: Gary l{arren, City Engineer DATE: April I, 1988 SUBJ: Site Plan Review, City HalIProject File No. 8 8-1 Expan s ion when the existing City Ha1I was originally glanned andconstructed in the early 1980rs, the overall site 91an was pre-pared with expansion in mind. The concept employed was to -bui1d half. of the _ f acilit.y initially and then to build a "mirror" imageof that facility immeciiately to the iyest. With the qrowth of theCity, we have finally outstrapped our current facili[y and assuch, rshile we are not ready for a total expansion as originallyplanned, h,e are prooosing to expand an additional 5400 fe6t otthe proposed nirror image of the building. The site plan docu-nents adequately address this expansion. Since the original parameters of the site plan, with the obviousexception of landscaping, were laid as a part of the originalCity HaI1 review process, the Cityrs architect, EOS Corp6ration,has prepared the expansi.on documents in accordance with the ori-Einal approved site plan concept. Utility services are available to the site from Coulter Drive.Grading and erosion control measures will be employeti as con-sistent with City standards. Drainage from the addition parkingIot area has been planned for and wiII be acconmoCated in theupdated ponding as part of the downtown redevelopment project forwhich tshe City is currently constructing. It is therefore recommended that. the City llall expansion sit.ep1an, dated February 26, 1988, received. March 14, 19gg, beapproved . mvufusn-14s I CITY OF /r/, Courrcil Meetirg I4aY 19,980 -3-)ro!'d,[ '--* '( ses .son Collncilman cs,/irq npved that the request fc tec,nard ard Ilella Ioehnen be granted a serLior citizen deferment for tlre t}ree additiornl, units t}at lvere placed upon dle prcperty at ttte !!ay L2, L980, ColrrEil leeting accordirg tD !,1.S. 435.195. lbtion se@nded by Councilmn PeErson. Ttre fol1orirg :roted in favor: !4ayor Hotbs, Cqncilmen pearson, Ns,reau<, C€viJlg, ard S$/enson. No rEgaLive votes. lbtion erried. SIATE BLIIIDII're CEDE, EINAL ADOtrEON: Ttris itsn raas published ald subsequently deletecl trqn the Cornci I egerda. be BALTTC CDRPORATTON, IANDSCAPE PIAN FETIE!{:Te,3ns of the conditiornl use fErmit for -tiis proper"tt, requires Jardscapirq to be curple ' by ttre orner. As no relresentatives of the corporation wene presetrt to discuss tlre stltl]s of the lanlscapirg p1an, Courcilman lileveaux rovel b instzuct the City Attorneyr s office to have tlle Citl, letall necessarlr oontracts to colplete ary ranairrirg r"prk cn ttre site ard to pay for s:ch via the filatri a I $Erantees posteai h,y the developer. Ibtion secorded try CorrEi]Jrlan Slvenson. the follcr'ring voted in favor: lilal,or Hobbs, Cci.rnciLrrEn Pearson, llevea(!<, Gevirtg, ard Srenson. lib negative votes. I"totion ca:ried. 'e 43 or p 5 .1 tion : conded l) BILIS: Courcilnan cevirg rnc\red to a[{)rc,ve t]re bilLs as presented: Grecks #]-1680 t]trouqh #U750 in the atl]tnlt of $1,037,865.12, checks *8323 t}ro:qh +8393 in ttle aDunt of s110,643.17 ard checks #U751 tlucugh +11792 in ttre anount of 369,583.68. llctjon secorded ty CourEilran Pearson. ltle fouorirq voted i-n favor: Mayor Hobbs, f-r i CoruEilrnen Pearson 8c-tPIATII}.E, REZONI}G , NevealD<, Gevfug, ard S,oenson. ltl negative \Dtes. lbtion carried. , SIE PIAN AID PTJBIIC N'PROVETI'IE\IT AI]ITORTZATTCAI, NE!{ CITT HAIV 5 aI LIBRAI{T CCI,PID(:parcel priryosed for conserrction oT t}rE nevr -i{El1/[Erary te will be di-rectly scuth of the City ifall properEl'. This ar€. \&s ernrisioned to represent a contirmation of ttre goverrnental tlerc established with this generaf area, i.e. sctpol, fire station, post office, citl, halVschol open areas, ard the proposed city hall,zlibrary. the site will function via a n*r road conrecting Kerber BIvd. to Chan Vie$r. Ttre road wiII additionally provide access to the ns, rj.rg road as a part of the dor^rntcl^m p].an. Site plan cc,nsiCenaLions of tie CorEil ircluded street l-ightirg, ocrErete curb ard gutter, pa.ved parkirg areas, the appro<fuiate 11,000 square foot facility, ard prbJ-ic inprovsrcnts - all of wirich nteetirg the requjrgnents established try tf.e City for otlrer derzelog:ents withia t}le City. Specific actions taken by tlre ouncil irc}ded: ccurcilman I'Ieveaux fiDved to a[X)rove ttre pr:rchase agrreqnent for proposed streetright of uay within prcposed Schneider Park Additior in tie anDunt of S50,077.50 ard as referred to in the CiQr llarngerrs rq)ort of May 19, 1980, ard as per ttre Flrchase agresnent dated }4ay 19, 1980. i4otion seorded b,y ComcilrEn cevjJq. Ttle fouc,$rirg voted in favor: Irta]ror Hobbs, Corucilmen Pea.rason, Neveaux, C,evijql, aryl &Ftrson. lib negalive votes. lbtion carried. the abc,ve rnotion raas nrade in recognition of the "Letter of AckrrcJledgslEnt" bet^,een ttre State Banl< of Chanlassen ard tlle City of Chanhassen dated Uay 19, l-980. burcilrEn Nevear.D( noved to aEprore tle purchase agreqrEnt for Iot 2, Block 1,of the proposed Schneider Mdition i-n the anpunt of $45,537.50 arxl as referred totl the City Manager's rqort of May 19, 1980, ard as per ttre purchase agresnent 9t€d I'1ay 19, 1980. Motion secorried by CourEi]JrBn P€.rson. ltre follcnrirg votedrn favor: I4ayor ttcbbs, @uncilmen Pearson, Ne\reanrx, ceving, anrl Sr,,rcnson. l{onegative votes. lbtion carried. Corrcilfi'an Neveann< nDved to appro\re the pr:rclnse agresnent for l-ot 1, Block 1, of Proposed Schneider Addilion jI the anount of S41,302.50 ard as refer,ed to in the lity t"tanaqer's rq>ort of l.lay 19, 1980, ard as per ttre p:rctase agresnent dated Fy 19, 1980. Ibtion secorded by councilrEn Pearson. 1,:e fouovrirg voted i-nfavor:' Malror Hobbs, @r:ncilmen iearson, Neveaux, Gevilq, ard sr^eni.rn. lbtlegative votes. I\tcLion carried. rior roperq -.torng. en bad L95 6 Ety..joF drn : rd .1ffiluo,t-r*v I I I da Courcil Meetjrg I\4qf 19, 1980 _4_ CcurEilnan pearson *d_p.3!p.!r" the pLat of Schneider park as dated Irtay 14,1980 ard referred to as n<rr$ii a- r,otiSn secorrea by co:ncir:nan iJt . ftefollorring voted in favor: lrlayor Hobhs, C"rrrtclf**, pearson, Neveaux, C*:,.,q, urdS,Enson. No negative \rotes. lotion crri"a. Colrtci]Jnan S,rensc,n ,-r"d..t" "Fpfgyg tle site plan ald variance (E<hj-bit A_2) asas re@**rd€d ard with t]re corrlitions of the ehnrri-rg cor*i."i".--irrii*,secorded by e:rcilrnan Neveau<. the fouoajrq ,roted in-i;;;I-r,i"yor"ioun ,cqncilmen pearson, I.treveau(, cevir,n, .rri-;;;";. tib negative votes. I,totioncarried. Comcilman Neveau). noved to rezone Sdrreider park -Addition frcrn R_lA ard C_2 bc-1. pbtion secorded bv ccurcilnan c""G. -fr"_r"u*.:."g ;t d i" i;;: Malqfftf; ffi;l* pear6n, Neveau{, "*rG; *J-sr*..".,. -Nr-.r"s.ti:rr!l;t*. rn reqrnition of the'iai-ver of public petition frcrn t]1e state Bankof Chanhassen, CorrEilran Ueveau< "-rea 6-".J", public Irpro\rsnent koj ect g0_Ias presented il the citv Erryileerrs feasi.liUty stuay. f,frLor,-"J.,alirlyco,nci,,rEn sr,uenson. rG foitq"rirg;t"d;;;i* : rrral.r Hobbs, comcilmenPearson, Nev6aux, Ge\riJg, ^"a s,*r="".--ll, .r#Lrr" .,rot"". Mction carried. ( I a E c ayear, will be located- witiri, tir" in";L"=; Ialces B:siness park. rhe sitewill be heavirv screened bv o<i;ti;--v;;T;; ?.d F. prroposed facility wi.1lbe of a deoorarive r10ck cinracte.ittrr',-"iliairs hr;i,rdG] ir,I'i.'i,itvirrcludes raork areas for nec_hanic "p"..U"r.il IIu"a, parks, as lvelL as theutilit'v department. s*"iri" l&i5il-Ei"i' ui L" oouncil irrluded:councitnnn sv'renson n,,rrl: o .ed;';J=i*iti., as recurr*rxfed ard with thecorditions of the Planni.s cdil""i";- idf,"f,^].*.-,* by councirnnn Ns/eaux.ff :ffii: I;Eili:T:;":*g:t#Wi,rl'n3'H"*i"iffi,Ji "",*, }DIJDAY STArJONSTORE CONDIITOl.aLrras taken per reguest USE PERMIT AMMTD4BI'T CONSTRLIqItheapptprior to resuhlli ssl-on b tl1e Council.to the S CABLE 185rI5ION Discussion r.es held on potential benefits of cablrteLevr-st-on.s.t tsn wi appear on a futrue agerda to detern-ine whetier toproceed with es tablishirg an ad hoc citizen advi soo:,y ccrrlittee to revieq/ thebenefits,zliabi lities of cabfe telerrision ard to deterndne v*rether the City strouldproceed with a potential fr anctrise irr the City. SE!,IM, AND 9RTM IRM.IK UNIT GITIRGES: gAncifnt* Cierrj.rg noved to ar,rard the jrsurance crepresenrirs c""i:.,,*,Gr rnsurar.e *'*t.* #rHLH#"TTJHffir" **Pearson' Ttre follcrpi rro ""t"a t-iu*I* itvo.?m", co,ncilmen pearson, Gevi-r,,ard sv,renson. courrci:rrin Neveau< ;;i&'r..-riltion carr:-ea. eted frqn the @unci1 Agerda. lttis itqn r,as publlshed arri subseguertty CAMPY: No :i.mHyffii,=ffi3iT#HTr ffi ;etr=';:Tffi :"""ffi;Lyi#Ti::, tr*ffsr"Hajlffi " ( Excerpts from planning Commissicn }linutes uay 14, 1980 SUBDTVT S TON REZONTNG SITE PLAN AND VARIANCE REQUEST F OR NEI.,CTTY EALI, - 680 r.r. TBth st. The City of Chanhassen is reguesting planning Commission and Citycouncil for rezoning from c-i to cri,-iuuai,,,ision ;;";"zoiinq rots,a 7' side yard setbict< varia.rce-"ia-lii" pran review on the parcer.spublished in the notice 9f p"Uii.- ["Iii"g commonly knor,rn as rheChanhassen srate Bank ana slt""iJ";;;;;"y properties. The Staff report was g:iven by Bob l{aibel and follorved bv a presenta_1io.n.!v the project aicrriteci G: ;;;";"arman of BoarrnlnArchitects, Inc. E tr The Staff recommendation was that the pr-anning commission recommendthat the ciry counc* "ppiov"-fir" Jiii:"it ."g,i."i "orraiIio.,.c opor,, I. That the planning Commission and. Staff find the separatc coverff:ilil:.to adequaterv address -it.-lor,""trrs of lan&sc.pi"s o.,e 2. That all roof top mechanical eguipment be screened.- 3' That concrete curbs and gutters be installed. around ar)- par):inqand maneuvering areas. In the architectr s presentation the items. of landscape and drainagewere discussea wner^ein-iI;;;-;*;il".i that the landscapins r+hichis proposed wilJ. be-impr"*""t"J- i"itilirv out of ex.i.sring crcestock. (city's tree farm stock) aird out oi th" p".;h;;;-;; aaaitionatmaterials. An exhibit ,"= p.""-"Iea-showing the onsight drainagepattern and lur. Boarman staled that the off;ighr d;;i;;;"-;u"ad.dressed in rhe schoell a"a r,l"Jro" i""=itiiiiylt"ai"iii ii,"public improvements in the "r"i.---- ---' A motion was made bv ilim Thompson to close the public hearing.seconded by warter irro.p=or,, iv.l iir.-' City. Engj.neer Jim Orr gave anwithin the proposed. plit arear,mprovements . includ ing of the drainage and u E.j.litiasthe construction of ultimate overvl_ew A motion was made bv Art.partridge to recommend - approval of rezoningfrom c-2 generar coiunercial t"-c:i "iti". district of the properrl,contained in Exhibit a " scrrneiaer-p"tr.;. Motion .."o.a"J f,y r.rarterThompson. Vote - clark Horn, wiifiui";"f.nson, Art partriCqe, TomHamilton, Walter Thompson and ,fames Thompson ayes _ I,ich.rel Thompsonnay. Uotion carried- t I trftll,u,atl-rg; rl ( t lr rr ' ^ -\-ulru[.r-ss J.ull rrlrluEljs - 11dy tl" lyou .r.Xcef PLs u !-r rdrrll tr19 (( I A motion was made by Art Partridge to recorunend approval of the subdivision as requestea on sxhi6it A "schneider Park" ' I'lotion ;;;;d;e-;t Jim rliompson' crark-Horn, I{il-tiam JohnsQn' Art ParLridlle' iJ. ii".irt-"n, walter'ThomPson and James ThomPson rrotcd in favor' llf"ira"f Thompson voted nay' Motion carried' A motion rvas made by Art Partridge to apProve the site plan incorp- orating the recorunet a.Liot' of th6 pfanning report of May 12' 1980 with the additio., ot granii"g-" z; siae^ yara setUtlt< variance to the north #"d;-;;;;osea 6"irain6. Iulotion seconded by rom.samilton' rn favor were Clark Horn, I^Iilliam Jofrnson, Art Fartridge, Ton-Hamilton' iliilt' tit"*p="" ""a James ThomPson' Michael Thompson vote<1 nay' Motion carried. I -1 -t t t l .I I I T T I I I i'l I I 11 rT II l1 .11 T IT ]T i 11 I It') :'.r;': --_: . i-_'::r.: -:... -- i,--"; L t l I I I l I a,: .: ( t aI I t 'l I 1 lI TI 11 l1 IT TI 11 ') Ii l1t: f-,t:t? - - :'., z.t -+_': ti i! if li , il,ili !ij 1 '.,j ,::' i I 'lrl, l.i .: ltt-*:il r'l't L r'i - -) i'- -ii*' ir )-1'f. I I -:1. i) fi--:ryl l H 9 t ct;rElll- l:.- !-i'.-. r " =-L'-'..;-J'.;.., -'^ii t T Ill I: t- --+ ! .,_S -j ir e1Jr t-' li.._i=rv.i*:,A ) i I I I I l I j ) I I cllC(l L llr.0l Jr L_- D ) 1 !...- ) r-rf D f---' I L_ -.T--- t_- -. t-.li I C I l 6 f_)rf c )':1rt --J C I L__ - __l t- ,,t_---- -1 l(L l I l ily Ir t -.-a j=-,t=" l_ _-\r Exisling Proposed Fulure Bv Olhers ' CHANHASSEN DOWNTOWN FEASIBILITY STUDY Clo o NOVEitBEi toaa rrttllltl ltlttttttt I J) L ti l; I L_- ilr-ll r- F-i t E.rl r'l a, I t -,/1I I -Ji I I r ,l_i .:. !r ,"' :F'vs+s\ s Nv Roadway lmprovements Alternate A a F6UNE ' fV k.t /!.4 9 52 z^- $^ 5 (,WEST V,LLA E HEIGHTS5 4 J 8( lr9, P I DRIVE- BX l:9, P 1r'- -KERBEff e u N zI 9a <o '-t o @ .-t I a) -{ 7T D6lm "triBR.o 2.._. lD@tD =@9Our O-o rt i'op B3&oi.0 - z oarfl2 ?91 z 9 N eI.-,ijo is,2.q,€s }i.-N oI .= az SFxC-.:2 t-A sE+ "v' C\ !) -I 'l i i -iJo+a Ia.rt I I zo i! LAREC4I \L to 50 L rr 5ll H cla z l. ?\ (, (, N I a. KIOWA ('r -l II U)c) -z vxN N 6ma N SI l.l ---EE C) - oo oo O",z roN o, ! N A oCHAN oouolsIR r- I I o sD P / oZ .-o A: I ) : I I rC4 9a TO fc 5- 5 IN o t I S @ i R -l 5 .-o a+ -.1 CHANHASSEN PLANNING COMMISS ION REGULAR MEETING MARCH 2, 198 8 STAFF PRESENT: City PLanner Tim Erhart, Brian Barbara Dacy, Ci ty Batzl i and James Wildermuth Planner and Jo Ann Olsen, Asst. PUBLIC HEARI NG: PRELIMINARY PLAT AMENDMENT OF 4I SINGLE FAMILY LOTS ON 18 ACRES TOSINGLE EAMILY LOTS ON 23 ACRES OF PROPERTY ZONED PUD-R AND LOCATEDTHE WEST SIDE OF POWERS BOULEVARD, APPROXIMATELY I/4 MILE SOUTH OF 5 , ARGUS DEVELOPI,IENT. Jo Ann Olsen presented the staff report on thj.s iEem. Chairman Conrad opened the meeting up for public comment. close publi.c hear j.ng. All voted in 5l ON HWY Enmings moved, EIlson seconded tofavor and notion carried. Headla: Just as a philosophy first, homes and then a decision is someday, between our property lines right nextin and get approval for a fence? if I to and ora they go ahead vrant a fencea road, do bui Id those hedge have to come Olsen: They have to get a buildJ.ng permit for Headla: They do have to get a building permit Olsen: And if it'spermit.over 6 L/2 feet they have they a fence. for a fence? to get a conditional use Headla: I $rou ld have thinking I j.ke perm i t? was to just get a a 4 foot. hedge or 4 foot fence, they Ol-sen: For a fence. Headla: have to that? So 9et OIsen: Yes. if therers any type of sj.gn that they'd put in, they'dapproval so they'd fall under the regular ordinances for Chairman Conrad calLed the meeting to order at 7:45 p.m.. I{EMBERS PRESENT: Steven Emmings, Annette Ellson, Ladd Conrad andDavid Headla MEI4BERS ABSENT: Plannj.ng March 2, Commissioo Meet ing l-988 - Page 2 Headla: PUD doesnrt go around that? Okay. The first thj ng when Iwas looking at the plan and we've been ilriving that direction and oncein a while we bounce back to it but we go aheid again. We're going tohave 50 homes on one road, a deadend road, and I see Madden didnrt askfor it, is there any reason why we shouldntt ask that that road becontinued back to Powers Blvd.? I could just see an emergency vehiclecouldnrt get back to an emergency because something was jamned up near Povrers Blvd. . Olsen: Again, that was reviewed by $ras necessary at this time. But thefuture with the additional phases. staff road and they did not rrri Il be ex tended feel that i.n the nea r Headla: What's the definition of near future? Olsen: In the next 5 years. Headla: In the meantime werve got 50 homes that could be in jeopardy. I feel that we should ask that the road be extended, just for safetysake. Therers agreement they were going to put jn a park right? Wbatrs the schedule for that park? Are lve gojng to let h im get everything built in the park thatrs the last item or whatrs thephasing of tha t? Olsen: No, the park eri.ll be developed as a part of the future phases. The necessity for that park trould really be determined upon the numberof homes once it reaches a point. We have it specifical.ly in that PUD contract. Whenever the Park and Rec Department vrants that park, they can have i. t. Headla: You I ve got tha t to pret ty the city welI. . . to determi. ne. sidewalks so i.t from the road. Olsen: Yes, it's up Headla: The roadway that goes through there, it's 35 feet wide? olsen: The paved surface is. Headla: is going Itrs 35 feet. That's curb to curb? Then a 5 foot sidewalk to be in addition to that so it \,rould be 4g feet? Olsen: It would be off-street It wiII be a separate sider.ralkthe curb area. won't be on the street. It wi 1l be outside of HeadIa: But there within the 60 feet will be a place for the sidewalk but that will be r ight-of-way? OIsen: Yes. Headla: What side of the street does that go on? The sidewalk? P1a nn j. ng March 2, Commission Meeti ng 1988 - Page 3 olsen: r berieve it's going to be on the north side. The park andRec commission didn't determine which side. They just wanted to makesure that it i{as on the same side on either si.de-oi povrers Blvd.. Headla: You kno$r, a while ago r.re talked about it and then we backedavray. Werve got over 50 homes now but grer re going to have u lot *orahomes there and when we go on the east side, fher!,s going to be anal^tful lot of homes- we-'ve got a park and can you irna{ine-in tg yearsthe traffic on powers Brvd.; p"opie crossi nt tfiita- "i'a"i,i"rnow it webacked away from a tunnel or. Uiiag.. f Aon,t have a position butIrm concerned about that. Do we 1o5k forward to a stop sign there?rs that the practicar thing to do or shourd ,"-u"-u"iiig-iBi somettingelse? Irll give the rest of you a chance to think abouf it. Do theyput in street l ights? Olsen: yes. Headla: I didnrt see that spelled out. Olsen: Thatis in the development contract. you look at the 2q foot utility goes betweenWas that to be a continuous Iine down tonext easement is over beEween Lots 17 and Ig.jump shift. Irm looking at page 1. Headla: On item 18, ifLots 5 and 5 of Block 1.Susan Hi 11s because theIt looks li.ke it took a Emmings: On the thjrd page down. Headla: You know I looked at that page andOkay, that,s the answer. rhat took! iine.understand that compared to the engineeri.ngabout the 7?. I didn'E even see it. On item 6, I dontt memo where they taI ked Olsen: This cars will be Head Ia : roadway. is just a waiting.land i ng area.They want a level area $rhere the No, Itm talking about the engineering memo where Jt says OI sen :A typical I d idn 't That I s our HeadIa: Ol sen : Headla: It said todidn't seem r ight . m iddLe paragraphy. recommended standa rd Ci ty's recommendedto the Eng i.neer i nglrhere it says, as 79. standard of 7A and that memo, page 2 about the compared to the City's standard for a road itself is a 7t slope. understand that. maximum slope of the road j.tself . the Go See of Emmings: Should that be recomrnended maxj.mum? Plann i. ng March 2, Commiss j on Meet j.ng 19 88 - Page 4 You're say j. ng with thjs and if somebody shi fted note, you've never had any trouble instuff that you hadn't. . . Conrad: It's maxinum is rdhat they intended. Headla: 78 naximum. Alright, then this other one makes sense. If i{e approve what yourve got here, and then I look at a note on the drawing on page 1, and we talked about this before, all dimensions arepreliminary and subject to change on the final plat. Doesn't thatjust open up a can of worms? When we aPProve something, dontt we approve it based on the dat.e of this print? Olsen: Yes, but they come in with their final comPuterized calculations. Instead of 92 feet wide it might actually be 92.5 ox sonething. The actual dimensions rea1ly donrt change. Headla: where do you draw the line changes? olsen: If it's different area. on thea maj or change, if lot comes in with a totally Headla: But your opinion of major and somebody elses opi ni.on can be different. Hor., do you control that? Olsen: We reviee, when the final plats come in to make conform with the preliminary plat. Itrs allrays very, couple of feet. sure that very minor. they A Headla:the past Olsen: If it was a 90 foot wide Iot which was at 89, then we woul,dn't permit it. It lrouldnrt usuaILy just minor. requ j. red and itbe acceptable. came ln Itrs Olsen: No. Headla: okay the last one then is, wherejust above your recommendation, could you bit more. on the very top where the Park requested. you have on here page 4,just explain that a Iittle and Recreati.on aI so olsen: okay, the 50 foot for the outlot? Olsen: Outlot B js leading j.nto where in future phases so they are preserving That rdas a part of the first plat they park area access forin. be developed subdivision. wi 1I the Headla: Okay, that's all I had. the an had Headla: Alright, so you haven'E had a problem with that? Headla: Yes. Planning March 2, Commission Meet i ng 1988 - Page 5 Ellson: I didn't knowand I thought, how can if it wasthat be? that detaj. led or if it rras up to them Olsen: what happens is normally with subdivisions, all they do is thedeveropment contract just requires one tree per lot. with lhis puD,as a part of the pUD.approval we got additional landscaping so as youturn into the subdivision there might be an arrangement of treesaround the sign or something so it's added vegetaf i.on rather than justthe one tree per lot. EIIson: They have their $re $ranted to change themregulations for that? streets, I think it wasto 5g and the reasoning like 60 feet wide andwas because of our Olsen: Right, the urban street is only 50 feet wide right_of_way.They are providing a wider road along Lake susan Hil1s Drive becauseit is such a major roadway. The shorter cur-de-sacs rearry onry needto be in 50 foot right-of-way for urban standards Ellson: r disagree with Dave about another enErance. I think thatitrs when you get arr these entrances onto a main road like powers Blvd - that you get more traffic probrems because everyone is tryi.ng tocone out at once and if there were deveropment on the other sid6 tieycould share one intersecti.on but if therel s an i.ntersecti on here and'then someoners got to stop again later on. I think that's where youget.more problerns with peopLe pulling out rather than having onedesignated area. If they wi II- eventually extend it, I would besati.sf ied not to expand that entrance. Conrad: Just Purposes. We so you know Davers concern is thathave a standard and staff inforces for emergencyit in all cases that Ellson: I had a quick question on lots per acre, units per acre. Isthat the same measurement? rn here we write units/acre net density of2-32 and on the blueprint it says net density of 2.69 rots per acre. O1sen: when yourre talking single family then yes, it's the same. Ifitrs multiple or two homes on oie lot. We alwals go by units. Ellson: Therer s a discrepency then. Olsen: Right, itrs real close. I rdent through and calculated it. Ellson: I just have another question on the type of landscaping thatyou recommended. r wouldn't begin to kno!, what yourre tarking about. orsen: They grovided the detaired randscape plan for the otherpreriminary prat and rirhat that is is additional tandscaping arong theintersections- Ll,'man Brvd., arong the main streets and il t6rts youwhat kind of landscaping it is ind rrhat types of vegetaiion-.o ,. "unapprove that. Normally that is presented as a part of the preliminaryPIat. Pl ann i ng March 2, Commission Meet i ng 1988 - Page 6 there be two entrances to anything for fire, for police. I think that rrra s Davers main point on this one. We donrt know when the rest of this will be developed and therefore you have 50 houses that have one access which can be closed off by one tree. So the point is, are you comfortable with the safety for the end of the cul-de-sac basically or do you think anything temporarily should be done to provide a second access? staff's recommendation is no. Emmings: Has staff looked at whatever these poor just to see if it imPacts any other asPect of the other future developments? soil conditions are developnent or any olsen: The Engineering Department really looked at them closely because still the utilities were going to be going through there. He has some certain stipulations to help protect that. Emmings: ItIl juruP in on the road issue because therers no doubt in my mind that we would not aPprove this and that vre have specifically not approved others on the basis of not having a second access. Five years is an awfuL long t ime to me and I think there should be a second access here. I guess maybe one way we could handle it would be, the Fire Inspector said that there is no problems vrith this meeting the fire code and I don't think thatrs what rre're asking. I think it's a different question and there's no indicaEion that that was consi.dered, either by the City Engineer or by the Fire Inspector. Maybe $rhat we could do is just ask that the apPropriate person look at jE between now and Council and come back with the reasons grhy we should or shouldn't require a second access but I certainly thi.nk we should- Thatrs aII I have. Olsen: Do you feel Iike just having a secondary access goj.ng... BIvd. . back here and swinging back to Powers or Emmings: Back to Powers OIsen: Right but coming wou ltl you. . . Emmings: Whatever is easier for them to do. If they want to put a temporary roadway back out there, I think that would be fine. Conrad: I agree with the road issue. Thatrs my only comment other than cLarification of one issue. The engineer Larry Brown says, under drainage, a more defined drainage swale should be created. Staff says a more pronounced drainage swale. In terms of how the developer takes those comments, $rhat does that really mean? Are there engineering aspects to rdhat rde're asking them to do or are we talking about digging it a Little bit deeper and there's no standard for digging it a tittfe bit deeper? wer re just saying dig it a little bit deeper? olsen: I believe that's ri.ght. ?hey just have an idea that they want it to be more pronounced. I don't believe that therers any specific standards between serales. I could double check. They work closely PI ann i ng March 2, Commission I'leet i ng 1988 - Page 7 with the developer when they go into Ehe detailed plans and I that's when a lot of those are figured out as to exactly r.rhat mean. think they Emmings: Does it sort of go without saying that if we put something Iike this in that it has to be done in a way that satisfies the City Engineer or should $re put that J.anguage in there? Dacy: In his paragraph, Larry refers that the final plan and specification approval. That is approved by the Council and that plan is the construction drawings. That would show the dePth of the swale and Larry was referring, based on the calculations of Ehe amount of water going through there, they use that to determine how deep a pond should be or how wide it should be and the volumes going through that so it's one of those detailed items. Dacy: That I s correct. conrad: I don't have any other comments other put in a point 19 that staff shoul-d advise City safety of having a cul-de-sac this long without Any other discussion? than I th i. nk $re should Council as to thea secondary access. HeadIa moved, Emmings seconded that the Planning Commissi.on recommend approval of the preliminary plat amendment as shown on the plan stamped "Received February L2, 1988" subject to the following conditions: I The applicant shall submit an amended provides for additional landscaping on Hills Drive and Pelican Court. landscaping pI anthe addi tion of which Lake Susan ) 3 The applicanE shall receive an access permit from Carver County for the proposed access from CR 17 (Powers Blvd.). A fj.ve foot ldide concrete off-street Erai.l/sidewalk shalI be constructed along Lake Susan HiIls Drive and the trail shall placed on the same side of the street in both neighborhoods to match at the Powers Blvd. intersection. contract andgart of this be so as shall a g reemen tThe applicant shall enter into a development provide the necessary f inanci.aL sureties as for completion of the jmprovemenLs. The applicant shaLl enter into a revised DeveloPment the City to reflect changes to the platted area and f j. nanc i al secur i ty. Contract r,{ i th update the conrad: So those calculations by the developer, get reviewed by tarry Brown? Planning March 2, Commission Meeting 1988 - Page 8 6 The plans shall be revised to include a landing zone being astreet grade of 0.58 for a minimum distance of 50 feet prior tothe intersection of CSAH 17. 7.Type II erosionplaced as check (staked hay bales andLgg foot intervals in snow fence) shall beall drainage swales. control dams at AII utility and roadway improvementsstandards for urban cons truct i on. shal1 conform to the City's the Iimits of area withapproval by the Ci ty installation andrequired prior tothe comments 9 A revised grading plan clearly delineatingpoor soil conditions shall be subnitted for Eng i neer . lA. Plans and specifications indicating details forsupporting utilities in poor soil areas will beconstruction. The revised plans shall addresscontained w j. thin this report. 11. The proposed right-of-ways for pelican be reduced to 50 feet in width.Court and Egret Court shall L2.A more pronounced drainage swaLe shall be created at the rear ofLots I through 7 and Lots 11 through 23 of Block I to conveybacklot drainage to the proposed storm sewer. AI1 erosion control measures shall be in place prior to thecommencement of any grading. Once in place they shall remain inprace throughout the duration of the construction. The deveroperis required to review erosion conErol and make ti," n..."-uiyrepairs promptly. A11 erosion control measures shaII remainintact until an estabrished vegetative cover has been proJuced atwhich time removal shalt be the responsibility of qhe a;;;i;p".. sidewark/trails shart be included in the construction documents asrequi.red by the PUD agreement. 13. r4. 15. 15. L7. The road section for Lake Susan Hillsbe 35 foot back-to-back.Drive and Heron Drive shall A 20 foot wide perrnanent trail Powers BIvd. for Lot I, tslock 2 easement shall be provided along take services from LakeLot 4, Block 3 and Lot l, Block 4 shallSusan Hitls Drive sewer and water. 18. A 2g foot utility easement shall bepipe which runs between Lots 5 andof Block 1. placed along the storm6 of Block I and Lots 17 sewe r and 18 Hills Drive shall be continued backPublic Safety Director can show to to the Powers Boulevard C:'. ty Counc i I 19.Lake Sugar unless the Planning March 2, Commi ss j. on Meeting 1988 - Page 9 that a secondary access is not necessary. AIl voted in favor and motion carried. APPROVAL OF MINUTES: Emmi.ngs moved, HeaCIaMinutes of the Planning Commj.ssion meeting amended by tadd Conrad on pages G and 37.motion car r i ed. seconded to approve the dated February 17, 1988 as A11 voted in favor and DOWNTOWN SIGNAGE CONCEPTS. Dacy: I.lhile Jim's setting up I'11 just start. For the three reasonsthat I stated on the first page of my memol staff wanted to look alittle closer at the issue of signage in the do$rntovrn area and for thereasons of the aesthetics issues for downtosrn redevelopment andimproving the streetscape of downtown and the visual image as r,rel I astrying to create a consistent form of signage in the dot ntown area wethought werd put this before the planning Commission to see what yourideas were because you have in the past expressed opinions aboutsignage into the community and into the downtown area. As we beganlooking at the downtown and the redevelopment projects that wereoccurring, we noticed that the developments weie Laki.ng shape intosmaller areas which we have labled on here as districts. Retail Westright across from the nee, bank, the Kennyrs bu j.lding over on Ehe eastside, the proposed Medical Arts Building Center, the whole area on thewest side of Market Blvd. side. So these little nodes startedappearing and we thought, what a good way to use that to our advantageand create rrhat werre calling district signs to focus travelingmotorist into what that particular node or commercial development isdoing. The first part of our proposal is to create these districtsigns. They would not have any advertising or business names on thembut they would just state a name. For example, Chanhassen Square orChanhassen Government Off ices. Headla: That would be where the red stars are? Dacy: No. The district signs are those located and proposed as thesmall black dots to identify thaE node and what,s occurring there butnot necessarily sayi.ng Q-Suprette and Dom j.noe's pizza, etc.. Whatthis means is that in creating dj.str jct signs, what happens to theother signs by j.ndividual property ovrners so a couple oi issues arethere. One is, this means not allovring anlrmore nei pylon signs. Eorexample, not allowing Kenny's the ability to have an individual pylonsign of lhe Daycare _ center to have another pylon sign. It would meansolely that these signs would satisfy what we calt itreet levelidentification of that node. There wourd be a rot of wal-r signage ofcourse and we're looking at some performance standards vrith that toact as a compliment Eo the d j.str j.ct si.gnage. Dovrn on the West 79thStreet area, that poses maybe as a bigger issue because we do have PIann i ng March 2, Commission Meet i ng 1988 - Page 1g several free standing buirdings, exi.sting buildings. Do vre want to goso far as to go back and remove those existing pylons or take theapproach of when these uses 1eave or burn down io occupancy changes, 99 ,..want_to request that they remove the pylon? Again, opt foi adistrict sign, one sign denoting whaE tnis node is. So ih"i's o.,eissue, the district sign issue Lhat we're asking your input on. Thesecond issue is what Dave asked about, the red stars, the entrymonuments. You talked a lot about this about a year ago when theChamber came in and through some other devetopment reqiests so wer./anted to create another type of sign that would say rwelcome toChanhassen, Dinner Theater this hray', or whatever that type of messagewould be on the sign. we wanEed to look at locating those instrategic points when you get into the downtovrn area. What $rer reIooki.ng at initially is one located at the intersection of MarketBlvd. and TH 5 and one up here on West 78th Street at the base ofKerber BIvd.. One as you cross the railroad tracks on Great plainsBIvd. in front of Klingelhutz. office building and future entry signsat, the Chamber sign was alloered to be up for 5 years. The Councilput a condition on that so after 5 years, that sign could come downand we could have an alternatj.ve form of signage at that location andanother future sign at the new intersection here when we realign TH10I into TH 5 at west 78th Street. The purpose tonight is to talk ingeneral terms, from the planning Commission,s standpoint, if thisshould be pursued any further. Staff's recornmendation is that wereally feel stongly in the central core area of the dovJntown of thedistrict signage and the entrance monument signage is a worthwhileproject to pursue. We think it does compliment our overall effort tocreate an uncluttered and appealing streetscape when you get into thedowntown area. That's our recommendation on that. So that's thefirst issue that lre need your comment oo. What do you think of all ofthis and then the second issue that we need your comment on is, do youthink we should expand this concept to other commercial areas of theCity? So if you say no Eo one, that ans$rers two but if you do sayyes, that does have some implicaEions for other potential areas. Maybe Irll ask Jim maybe to just briefly describe the district signapproach with the complimentj ng wall signs. Jim Lasher: A couple of quick notes about signage. What a Iot ofcommunitj.es are doing is goi.ng Eo a more performance oriented signagecode and not the standards which is r"rhat most often really Chanhassenhas now. You get so many square feet of signage for so many squarefeet of developable space or facade area. Ay qoinq to a performancetype signage ordinance you are encouraging a 1ot more creatj.ve look athow yourre going Eo sign your building and it requires a l j.ttle bitrnore aesthetic appeal from the peopre-that work Jt staff to be abre tolook at these kind of issues but you're opening up a lot ofopportunj.ties for people to do some exciting Ehings. you,re aLsoopening up an opportunity for somebody to do something real,ly ugly soitrs definitely a double edged srrord. One of the thiags that has beenused in the past and we're thinking about using in the dovrntovrn areais a signage band for a strip type of commerciil establishment which urer re getting a couple of them dosrntovrn. Usually itrs a contj.nuous Planni.ng March 2, Commission Meeting 1988 - Page 1I band along the face of a building. One of the statements j.s thatthese signs are generally based on a sol-id color that,s continuous aIIthe way along the building edge and tbe signs are separate layers thatpunctuate that color. !{hat that does is allow the signs to be readbut it doesn't interrupt the building movement all the way along thefacade. It maintains it instead of having a box of one size thit maybe you use backlight fluorescent and then a smaller box thatrs maybe a neon and it gets to be a littte bit of a hodge podge so weallow to have a continuous sign band. Generally the sign band j.s about tvro feet high. In this drawing and in a Iot of performance typecodes, they are allowing the sign bands to get larger when businessesare set off of the street, if in fact they meet the criteria forheight about the sign band. What that does, if you can picture whatthis building would look like flat with a 4 foot hjgh sign band andthen think of putting another 7 or 8 feet of roof above it in a 4 foothigh sign band, yourre going to get a much better, cleaner looki-ngbuilding and the signs are not going to look out of scale. So thatrswhat we propose. Werve been working with the developers of both thesebuildings, the Colonial Center and Irll caII it Retail West because Ihavenrt heard the ne$, name yet, but work rdith them because they didwant to get a larger sign bands. We worked lrith this roof structureto try and get that up a little hi.gher to give a better proportion toour sign area. What that also allows them to do is to put largerIetters that are read from farther away. One of the standards j.s thatfor each I inch height of Ietter you have in a sign, it's legible from 50 feet. So if you have a 12 inch or I foot high sign, you can readit fron about 500 feet. Thatrs a signage standard. So with a 4 foot high band, you can comfortably get 1 to L l/2 foot high letters stillkeeping some space above and below. They are legible f ror[ 500 ot 500feet and if theyrre lit, it's even better. Thatrs the ideas that vre're r.rorking at for developing .a new ordinance, is some kind of performance criteria for design. Back to the district situat j.on where once again as Barb described, werre trying to rrake a cohesj.ve development out of certain areas r.rhich break up either by grade or byjust actual splitting of the railroad tracks. It just breaks into atot of scenarios. Right now it would good if we could take advantage of that and I think thatrs what werre here tonj.ght for is to get someinput from you about the general idea and whether you see it as what's bound together. Emmings: I think node is a funny word. That's one comment I have. Ithink this is an outstanding idea. I just love it. I think itrs thefirst thj.ng that I've seen for sjgning the whole downtoern that made any read good sense. I th j.nk it's terrific. That's aIl I have tosay about that. The other thing I noticed in the packet is the Mayortaking us to task for our comments to Gary on page 15 of Ehe Council meeting Minutes of January L2, L987. I thought that was kjnd of toobad. He was disturbed with the comments we made about Ehe sign. It Iooked like an attempt to knock him down lrithout givinq him a chanceto say anything or having any respect for their wishes. I guess my view is different from the Mayorrs so I don't know if we should Pl ann i ng March 2, Commission Meet i ng I98 8 - Page 12 dedicate ourselves from not wanted to mention that. having opposing views or what but I just Ellson: I like the idea of the individual Litt1e district names.Sometimes I see these strip type things and it gives me the impressionof generic. I canrt necessarily recognize a faiiliar store beiause alot of times theyr re not using the lettering that Irve seen B.Dalton's use and things like that. Irm not sure if that type of thinghad to change or not. I don,t think I r.rould $rant it so gei6ric thatitrs one after the other. I'm picturing the one by Southdale. It'slike Yorktown or h,hatever and they've got tnat type of thing and Ihate it. I canrt find the store becauie it's nol- lined up inder it'sthing and r canrt read one from the other very well. r drive by thereand it just bugs me. I know there are stores over there that couldprobably help me and I could buys things there but I don,t like thatand I wouldnrt want this to coine away with that. If you have likePeck and Peck or whatever,s there, I'd like them to be able to usetheir retter style that they use in a1l their stores. Maybe even thecolors that yourre used to seeing peck and peck have in oider tor-ecognize them. r notice that's the probrem r have when r go some ofthose other strip malls. It's not the B.Dalton's I knorr. it'. IikeMcDonalds couldnrt their arches or something. Jim Lasher: One of the things that a lot of bu j.ldings in the pasthave done, have set up a very strict guideline of you have to use awhite letter against a brown background and it has to be this hi.gh andit can only be this rong. Thatrs a standard and they didn,t a1r5w anyof the businesses to project any of their image at arl and they didn,talloe, anyone any creativity. So.just by having something that saysyou can have 40 square feet of signage if you have 3,A00 square feetof businesses. Those are good places to start but we have to alrowthe businesses to realry be a lot more creative than just doing thestandard old white sign on a brorrn background. I thi;k if we canpursue something like this a little longer we can come up with a newordinance that alLows that to be done. one of the best "ities in thenation that does that is Carmel in California. The besE signageprobably in the nation. The strongest and the best writtenperformance guideline and really working.with a copy of that to tryand get a sense of how they wilr accompiish that. it,s " wonderfuiplace. Irve been there. The signs are great. There are a Iot ofoverhanging signs and in fact, they try and get more of t.hose to comeabout because they've used si.gnage wheie you-donr t have any words.rtrs pure symbols. The signage manufacturers have started to reari.zethat- the days of the sign with the shoe on it meant shoemaker and itrsstill true today. For some reason, all the words you *i"t [o write inthe world just doesn't get that point across. Thii guy makes shoesand- i.trs, coming back. That's the kind of thing ," .6.iry would r-iketo be able to v,ro r k $ri th in the nev, ord i nance . to that have their signs Ellson: That's $rhat I vras more concerned that it would getgeneric look which I.just hate. Like you said, some p"o!t"creativity and Ehis is the way they market their buildin;, Plann i ng March 2, Commission Meeting 1988 - Page 13 are no big deal. I do Iike the idea of continuily. I don.t like the Hardrdare Hank sticking out up there and hers the main guy in the Bloomington strip or something like that. I like the idea of each ofthe areas having a thing. Would one dot be enough? What if someoneis coming in from the other direction? Sometimes that's the onlything I think of. Like the one on 79th, you've got it located in twoplaces. Both entrances. Is that usually the $ray it would be? Jim Lasher: What $re did is because this was one district and there Idere two entrances to that district, r.re gave them one on each side.This is such a large area that vre gave one at mosE logical pointshere. The rray we see thi.s developing, which may or may not happen because we donrt have a true site plan yet is, we see a main entranceto this development off of Market Blval .. ?here could in fact be acurb cut and a full right intersection up in here which we may have to take another look at that but erith what werre working at right no\d, we have this development, the bowling alley and the bar which has one entrance at thjs point so that's kj.nd of where we started off at. Is Iooking at the grade split here and knowing that these two will neveradjoin unless there's a parking ramp,/hotel which may or may nothappen. The rest of these are more of a just get them where we think people are going to see them upon entry into the dj.strict. Thatrs how we picked it. It's a good point. This one just happens to need two because it has two main entrances. Emmings: I think too on that, if thatrs the only thing thatrs outthere, instead of having a whole bunch of signs, if just that thing is out there, it's going to be that much more visible. Itrs the onlything there's going to be to look at that's different than a tree. Headla: I like the concept. I.think it's very good. I'd like to see it applied to aII our business districts. The district nodes I like.I really the question the information we're going to put on the red. If you've got somebody tooling down TH 5, you don't want them reading a sign that says businesses here or there. I think you really havegot to stress what street youtre on and in your notes you had something about the City HalI. A couple of civic places but I think that's all that should be there. People come and they knor", they'vegot to turn on Market Street oE rrrhatever, make that be the main focus. Conrad: some good conments. Mine may not be totally in sync eritb $rhat yourve heard. I totally agree that the individual pylons should be kept off the street from different companies. There's just no doubt. I think thatrs critical. I totall,y agree with Annette's conunent that indj.vidual shops have their own characteristic logo types or signage or color. Absolute. There's just no reason to standardize the names because we take something away from the individual companies. I do like the continuity of the stripe or of some r,ray to fit the signage in on the store fronts. I think thatrs smart aIso. I'm not convinced of the pylons in froot of each shop. To say Retail west says nothing to me. werre not designing a southdale here. The one shopping center has a daycare center in it and something else. Planning March 2, Commission Meet i ng 19 88 - Page 14 I tm not sure that we need a pylon to say somet doesnrt have much meaning to me. If I were a rinterested in having my name out there. Very m Chamber of Commerce has done out on TH 5. That PLace for that type of signage. Hor,rever, havinshopping center to maybe help identify what's iretailers a little bit rore. Somebody could po ways on thi.s one and Ird listen to them. One, many shops in there and therefore we can,t put that pylon. I could understand that. Two, ifthat Retail West or whatever has some meaning o meaning and therefore the kids at home say, dad West, then I'11 listen to that case but I,ve goof those. I think those are just things that I my mind. If I were a retailer wanting to moveI deal rrith them all the time, the names are ke and werre taking away their pylons. Therefore,something on the storefronts and we also have tdecisions on whether to turn in or whether nottherers a sign that says daycare this way out bdonrt have to be jerking around to look and see h e u g n s w e s x t I i I ing that reaJ-ly tai ler, Ird be morech Iike r^,ha t the is not an appropr iate a pylon in front of ait, may appeal to thesibly make a case twoe're going to have too verybodyr s name out in omebody could claim r.ri II ever havelet's go to Reta i I to be real criticald have to mul1 over innto this community and. The signage is key werve got to give themhelp traffic makeo turn in. I think ifthe streets so Ithat may be ot v beneficial. I guess I,d be real interested in pursuing bothalternatives and staff making a recommendation, $rhichever they feel.I think $rerve got to be sens j.tive to retailers who wanE to locate outhere. Other comments relating to the big stars there. Whatever werrecal-Iing those things. The entry monuments. I think we were talkingbefore about the major monument j.n Chanhassen being moved east so thatpeople knew they were coming to Chanhassen before they got to Chanhassen and they just went by it. So that first monument, we,regoing to replace the Chamber sign but I think when we talked about the Chamber sign, we were talking about before saying here iE is. cetready to turn. Thatrs nov, what the sign would say but it might say Welcome to Chanhassen, Home of the Dj.nner Theater or whatever we'rethe home of. But I Iike the thought of Ehat. I think that's realinportant. I also think there should be one on the west side of torrnclose to CR 17 and TH 5 because if you're coming from the west,there's a good chance yourre not goi.ng to loop back into Chan. yourre going to by-pass or else werve got to get Ehem to turn before. Jim Lasher: That's a good point and maybe thatrs something ere canpursue in that one of the things that affects aII our signage in thisentire corridor is that there will be an additional 50 feet ofright-of-way needed and requj.red for the expansion of TH 5. There's alot of stuff on TH 5 right now that,s not goj.ng to be there when thisroad is rebuilt. some of the pylon signs.- Ceitainty the Chamber signis closer than 50 foot back from Kerber right now. I don,t know whenthatrs going to happen but it certainly wj.ll at some point. we canpursue moving say this oarticular monument down the road as long as wecan start lookj.ng at the future plans of this road and find out iftherirs any property for us to build on. It's tough up in here as faras who's land are we buj.lding thjs on. Do we have to get State Highway approval to build in that right-of-way? The same down in here Planning March 2, Commission Meeti ng 1988 - Page 15 as well. Itrs not as critical because the bridge rrill not be expandedl at least to my knowledge it's not going to be expanded. So we probably have the same amount of right-of-way in this area. About 50 foot additional aII the way along this side of the road so thatrssomething we'1I have to look at if you want !.o stretch out dolrn alittle bit and we'11 look that way too. Buying land. It just so happens that nor., having a little piece that in 5 years the bulldozer would knock it do$rn. Conrad: Conceptually, think about what I just said in sort of makingof the announcement that Chanhassen's coming up and I think that'swhat we want to do. Not just say it to them when they happen to be stopped at the stop Iight but say it to them before they actually get here so ah yes, maybe we should turn off. That's the idea. Jim Lasher: PIus with the expanding right turn lane, they're going to have to make the decision to come up this road probably somewhere backin here and if they get up in this area they will not be able to negotiate that turn. Conrad: My other conment is on the Highway Busj.ness Distrjct and I guess people locate in highway business districts because they areactually takj.ng people off the highway and are funneling them right back on and they really donrt want to go to Chanhassen to begin with. Pylons, and I really don't like Ehem but pylons is a real- important function of highway business district useage. If you can't tell somebody that there's a gas stat ion, the standard station from 300 to 500 feet away, theyr re not goj.ng to turn so I guess my comments would be not to apply the same standards to the Highway Business Distri.ct. They may be applicable to other districts but a Higheray Business District, for all the clutter, it is essentj.al for them to tell people that they're there and teII them from a d j.stance away. If there's asolution to that, I would sure pay attention but l donrt thiok the average owner would feel there is a solution to that. Jim Lasher: Barbara, is this district presently split now from General Business to Highway Business? Isnrt there a line? Dacy: yes, it follovJs generally the Market BIvd. alignment and where the pond would be too. Conrad: Ird like standards for those pylons and I think we have some of those standards in effect right now so we don't have those pylons l-50 feet in the air, rotating. I vrant to control that but I don'tthink taking them away is going to serve their needs or our needs and therefore I'd Iike to apply the standards in other areas. At least that's my personal opinion. Anythi.ng else? Headla: I liked your comment about putting it out by CR 17. You're going to bring in that r^rhole d j.strict then. PIann i ng March 2, Commission l'leet i ng 19 88 - Page 16 Jim Lasher: aybe we can just discuss for a minute, have business running all the way down t.o CR 17 now,need to expand this concept out of the purer CBD areathat this is where it works best and 1et the rest ofyour signage as itrs been dealt with in the past? wer re going to do you see anyor do you feelthis deal with Ellson: I would see continuing it. Especially if you have anothersmall group of the same thing. Conrad: I think it should be out to whereint.ersection. It should go down to CR 17.real important or things in that area. Dacy: Okay, to surnmarize, the Conmission liked the idea of thedistrict signage and the entry signage but you would like us toat a business directory sign option for the district signs andthe option of having a little more detail on Ehe types of uses. TH 10I intersects,I think a sign at the new CR 17 is look Iook at Conrad: I think you should give us a couple alternatives to look at. Dacy: Second of all to keep the ability on wall signage forindividual enterprises to have their own unique color scheme and logobut keep a consistent size sign band or location on the shoppingcenter. Moving the entry signs farther east and west. the lasf point.that I heard was, Iook at eliminating the Business Highway Districtrestrictions on pylons. Conrad: That I s what. I said. the only place you'd be looking at pylon Conrad: Thatrs the only place I think they are needed. Emmings: That would be signs. Emmings: one on the house. A west on it d i rec torypIace, one Conrad: Right. Emmings: I guess my poinE would someone who's in that bujlding Eo who r,rants to find them? Let me ask you sornething else about your notion. on thisright you've got a thing out there that looks like a littleIittle bird house or something. That.s going to say Retailor whatever it says? when you say look at the buiinesstype of alternaEive, would it be again somethl.ng in the samesign that would have the names on it? be this.say I rm Wou ldn I tin Reta i L it be easier forWest to a customer Ellson: Once you get to know that thatrs $rhere Retail West is, right. Emmings: Or even if they're coming into Chanhassen for the firsttime. AIl I've got to do is find that thj.ng that says Retail westit to find the shop. Now if the name of the shop ii out there on on tha t Pl ann i ng March 2, Commission Meeti ng 1988 - Page 17 sign, they still have to look at the bul.lding to find the shop. Is iteasier to just to find something with a general name on it than tofind it in a list of 15 or 20 names or however many there may be? It might be kind of a nice idea to just be able to identify yourself toan area of town and then they can find the shop because even if thepersonrs name is out there on the curb, unless itrs right in front of their store, they still have to scan the whole building to f ind the daycare or whatever it may be. Conrad: Ird like to agree because it would be a nice way of doing it. idea.Emmings: I think itrs kind of a novel Ellson: what about the drop-ins that were going by and say, is a Hardware Hank there. I guess Ird go pick up whatever, impulse type buyers and realize that because therers a drug there then I wiII go to get someth j.ng versus I'II look it up Yellow Pages and then try to find that person. oh there the storein the Conrad: Practical.ly speaking, it breaks do$rn. If a third of our traffic is from the Dinner Theater or whatever it is, Retail west doesn't nean anything because they're not reading any ads. A sign that says Hartlware Hank has meaning so fron a retailers standPoint, theyt re not going to be wild about this and our retailers right now are not real energetic advertising wise and r don't see them changing that posture a great deal and speniling money saying werre over here. That's nothing that you really want to say. You reall-y don't wanE to telI people where you're located. You want to tell them whatrs beneficial about their product. Not where theyrre Iocated. Thatrs sort of a boring scenario of advertising. Enmings: Could this allow them to have a group identity that will allow them to share advertising? Could they advertise as a group? EIlson: Absolutely. A booklet of Retail WesE coupons. Conrad: I agree with that Steve. It could. Emrnings: Maybe if rray. you set it up that way, maybe they'Il use it that Jim Lasher: I think the easiest way to solve this is to do a design of two or three different scenarios and take one and put a simp)'e Retail West. I think there will be about eight separate stores in here or at least from the original plan that's what I recall, about eight, and see what size lettering you could get. Where we could put the signs. woulal they be legible from the street and just see if it makes iense. we can teII this just from a scale drawing and that should ansrrer all our questions. conrad: The other practical thing though is, I think on eight you but there's goj.ng to be other parts of town where they're goi.ng to can be PIann j. ng March 2, Commission Meet i ng 1988 - Page l8 Jim Lasher: The conments about becoming a part of the whore is rearimportant in retail. That is when you,ie in Southdale, you,re inSouthdale and you donrt tell people yourre on France Avenue. I'm inSouthdale and you like to be known ai a part of the larger entity sothatrs where this makes sense but from a pure small retailer, the onlythj.ng that makes sense to them is thaE people know where theirbusiness is. so we're rearly working with- two diametricaiiy opposeatypg of systems- rt rdould be greaE if they would advertise and becomeexcited about their district oi whatever name you end up having. Thatwould be a wonderful scenario. 15 and it breaks doern. We can't do 15 there. you get pictures of this exampLe in Carmel that you,ve Conrad: You will come back and shorr, us sorne alternatives so werllhave another chance to Eake a look at thj.s. Really what you,reasking, after that it's a matter of serling the chimbei -oi - dommer"e inmy mind and the rocar businesses and r know where their minds are. Tl"y'I" not going to be real witd about restricting signage-andtherefore to sell is really what has to be done. ivpiJ.iiv you cansell them on the fact that they,re not spending ru,h:AT.6g-io$2g,gOA.Ag on a pylol: That,s what a pylon sign costs. If you cansay that the conpetition is not going lo fe ge[ting a luml-on you,that you're.going to be the equai ofl you can save-their m6.rey. whatr-rm saying is you need -a way to go to lhe chamber "nJ fuir to tn".about the benefits- rf ttral meais a j.rbrushing .na "i,o"inf frettypictures or whatever is necessary, r think you have to do that but rthi'nk facts are as important as picture. r think you have to echosome of the vrays that it,s not tafing away but addinq to. Dacy: Just one nore note on process. We had thought, depending onyour reaction tonight which appears to be favorabr6, ih"t'we woird goto the city council arso and present this and if a favorabre actionthere, then we rrourd have some type of informationar meetin! with thechamber or the property owners t6-make them aware that this-is aprocess that is being considered by the city and they become a part ofthe process. r think you all have a sense ior how c;ntroversiai thiscan gro&, into. As a part of that, we had been talking iUoui aoingsome sLides and doctoring some of the srides Eo take in existing - picture of free standing buildings and pyrons and airbrush those outand placing in a proposed sign. I{ould y6u fike to """-[n.t type ofpresentation before $re go to the property owners? We want to makesure that the commission feels comfoitaur-e with what we're about tohead into. we can do a 1ot of neat things graptricaily-to-irlrp portraythe pros and cons of these issues. Emmings: Could seen? of their document and II may be able to coercejust taking a bunch of have a i.nto pho Eos . Jin Lasher: f knov, I can get a copyfriend who works in Los angeles thlidriving down there some af[.ernoon and Planning l.Iarch 2, Commission Meeting 1988 - Page 19 Emmings: I think showing an example of where this has been done welland where i t's worked... Ellson: Is a real good sales tool . Conrad: I donrt know that Carmel is the area vre want to use. Somenon-descript place. .. MISCELLANEOUS ZONING ORDINANCE AI,IENDMENT ISSUES. Dacy: Metal Buildings. we found, I think an excellent example fromthe City of Lakevill-e that I thought really summarized theCommission's intent on the metal building issue and I included that soat minimum vretre recommending that the oidinance be amended to stateas printed there under (a). Then second of all, I am proposing to theCommission whether or not they want to go a step farther and adopt (b)and (c) as a part of the Lakeville ordinance. (b) is just a general statement which I think can be included. (c) gets a little moredetailed as far as the type of materials. That has some pros andcons. With a list of items you're really saying what you want to see. The con is, if something different comes along then it's not a part ofthe list. I thj.nk at minimum, (a) gets at what the Commission hadintended to do in the first place. HeadIa: Whatit then it's are you saying in per:n i ss i bl e? (a) ? Unfinished steel? So if I paint Dacy! I t.hink the key here is the galvanj zed That type of construction, itrs synomous with steel orthe term the aluminum. polebarn. HeadLa: I can put up a polebarn enamel paint and thatrs finj.shed Dacy: No, it says no galvanized unfinished aluminum buildinqs. by thj.s stee1. because that I s baked on or unfinished steel, galvanized or Headla: But sheet metal, Baked enamel on your Enmings: If I had that same corregated metal that you put on apolebarn with a baked on paint finish, Irve seen it. baked enamel is finished steel. thatrs finished steel isn'|t it? Dacy: When I spoke to the bu j.lding inspector, galvanized is what we want to prohibit becausethat polebarns are made out of. he said that the term that I s the material I take it back. baked enamel - one ofHeadl-a: No, they aren't. I've got a my polebarns is galvanized. The other couple. one ls Dacy: Maybe then what we need to do to solve your concern is add some language saying that you just don't vrant a galvanized buildi.ng Planning March 2, Commission Meeting f988 - Page 20 pa inted . Headla: Sheet metal I guess is $rhat werre reaLly against. Dacy: Okay we can add the sheet metal. Emnings: I guess I was going to suggest that lre add a second sentenceto what you have there that just said, our intent is to avoid the typeof construction commonly used in polebarns. Just come right out andsay it. Why fool around? As a second sentence to kind of cover theguy who comes in whors just going to slither around this by puttingpaint on steel or something like that. Just say that our inlent ii toavoid the type of construction commonly used in polebarns. Headla: Does that mean we canrt use wood beams now? &nmings: I don't know. Dave. you can go on like this all night. Wereally can. Headla: We want it to do the job though. Emmings: Try and make an intent statement that will be broader thanthis specific statement. So r,re tell people the reason werve got thisis, we srant to avoid polebarn type stiuclures. That is what werredoing here and that is our objective to avoid polebarns being erectedhere . Headla: I thought we were against sheet metal surface fronts. Emmings: No, I donrt think so. I think the last time we kicked itaround we said, there may well be uses of metal buildings such asaluminum siding.that looks like wood siiling. No one would obiect tothat I donrt think. Like you use on a house. Just regular tip sidingthatrs made out of a finished aluminum or steel and no one objects tothat. What $re're trying to get rid of is polebarns. Dacy: Right, and some can be vinyl coated into a different series... Emmings: ftrs a hard thing Eo get a handle on and I thj.nk what wewanted to do was do something that would eliminate the polebarn typestructure and then see where we go to refine it from there. nighi nowwe donrt have a restriction on that. Conrad: Do you agree? Headla: To wha t? Ellson: To his addendum. Headla: I donrt think we solved it yet. yourve got some good pointsand it's probably a lot more neburoui as we tark back and iorth-on andhow do we really do that. Dacy: If therers anyway that I can reassure you. We went to buildinginspectors and in-house, we reviewed this ordinance and reviewed this Ianguage and we felt quite comfortable with this is enforceable in the commercial districts. Thj.s prevents polebarns but yet it wilI aIlowmetal construction $rith a vinyl coating or a nice appearance. Headla: How would you prevent a polebarn with baked enamel paint? I rm going to have to claim a little ignorance on theDacy: ba ked I guess ename I . Headla: If you can get around that, I Iike the wording. Dacy: So $rhat yourre after is some typepole barn construction thatrs painted. still unclear as to what you want. Ianguage that eliminates that erhat yourre saying? I of IS Conrad: If you changed the words. If no galvanized, if you put material right after galvanized, hrould that solve the problem of howthat material may be painted? If you said no galvanized material? Does that take us out of how the galvanj.zed steel is treated? Emmings: You donrt galvan j.ze anything but metal do you? Conrad: Riqht. Headla: It's Erunings: Is a Iitt1e steel the selective thing that Ellson: Then vrhen a guy comes forward with polebarn you say, didn't you know the intent than that. can be galvani zed? a plan thatrs blatantly a rras against thi s? clear what we're trying more on 1y Headla: Yes. I like what you got worded here but I keep coming back,rrhat's going to prohibit a polebarn like mine because Irve got fini.shed steel and we donrt want that sheet metal construction. Emmings: But Dave, grhatr s wrong avoid polebarn construction. with just saying our intent. j.s to Conrad: I think to do. that sentence makes it very Headla: Alright. I don't have a better suggestion. ElIson: i ntent is He'd be pretty bold to come forward after reading what the and Ehen try to come in !.ri th a loophole Like Ehat. Conrad: Letrs take a look at the section (b) on lhe opposite Pagethere from Lakeville. Buildings in alI zoning districts shall maintain a high standard of architectural and aesthetic compatibility Planning Commission Meet i ng March 2, 1988 - Page 21 Planning I.larch 2, Commission Meeti ng 19 88 - Page 22 with surrounding properties impact the property values. Emmings: It's so general to insure that they will not adversely Do $re want that in? EIIson: Things Iike highthat being based on? meaningless. archituect, whose standard is it's almost standard of Ernmings: Again, itrs one ofthat in the case where you'vethat fits, you might be able have. those catch-alI intent type statenentgot something reaIIy horrible goingto lean on this. It might be good to on v u but Dacy: what you,re suggesting is put it in a preface or an intentstatement before the specific rules? Enmings: It could be in all districts. This could be true of anbuilding in town and yes, I think having a catch-all like that, yomight ask the City Attorney if having sornething like would ever beanythi,ng we could rely on. If it fit our code in every other waywas something that !,ra s just avrful, could we use this t6 denysomething? I really doubt it. Ellson: Someone might be able to prove that itproperty value but it rdould still be hard if it Conrad: Item (c) , do ere Lrant Eo dictate? j.mpacted theirhasn't gone up yet. ELIson: Igrhat rre I re and I thinkto be done.linit that . Emmings: I crossed it out too. Conrad: Iwith thi s guess I donrt have any comment had to eliminate it. Barbara,item tonight? don't think so. I think thatts real limiting. I thinkreally trying to get away from is that ugly looking metaltherers a lot more Ehan I things that might even be ableLike you said sonething oew corning out that's going to Headla: I Dacy: If correct iE Counci I . on it. what would you like us to do you feel comfortable on recommending approval, we wouldas you have instructed and then it. would go to the CityIf you want to see it back again, thatrs fine also. Conrad: I think we could send it along. Emmings moved, Errson seconded that the pranning commission recommendapproval 0f section 2q-962 Buirding construction in susiness, officeand Institutional, and Industrial 6ffice park Districts. Planning March 2, Commission Meeting 1988 - Page 23 (a) No galvanized or unfinished steel , galvanized or unf inished aluminum buildings (walls or roofs) shall be permitted in theBusiness, Office and Institutional , and Industrial Office park Districts. The intent of this section is to avoid the type ofconstruction and materials commonly used in polebarns. (b) Buildings in all zoning districts shall maintain a high standardof architectural and aesthetic compatibility with surroundingproperties to insure that they srill not adversely impact theproperty values of the abutting properties or adversely impact thecommunityrs public health, safety and general welfare. AII voted in favor and motion carried. SECTION 2A-9L5, ANTENNAS, SATELLITE DISHES AND AMATEUR RADIO TOWERS. Olsen: we went through the whote thing and hopefully came up with something that solved everything. The first thing we did was statethat Satellite Dishes, Television AnEenna and the cround MountedVertical Antenna shall be permitted accessory uses within all zonedistricts. what we did was specificty each of the different types.Before it just said satellite dishes and antennas. With all thj.s nowwe've differentiated between towers and satellite dishes and antennas. We stated that they were permitted as accessory uses. Amateur radiotowers were a conditional use permits. We stated that with last use, wanted that only one of them be permiEted per lot. A satellite dish,amateur radio tower or a ground mounted vertical antenna. This wastaken from the old ordinance saying that a satell-ite dj.sh shall not exceed 15 feet. Number 5 went through the ground mounted satellitedish, arnateur radio tower or ground mounted vert j.cal antenna shall belocated within the frontyard setback and sideyard setback. So again, we're just pointing out each of the specific one so it's c1ear. Number 6 wenE through that they shall be set back an equivalentdistance to the height of the dish, tower, or antenna. That waspretty much taken from the old ordinaoce. Then we added the next sentence because as we found with Jj.m Tyson's request was that he hadhis tower attached to the house Lo where it would only fall down acertain distance. we tried to cone up with a sentence that explainedif a tovrer was going Eo be attached to Ehe bu j.lding and only 20 wouldfaII down, then it could be ooly 20 feet away from the property lineif in fact the tower was actualLy 4g feet. Number 7 is just from theother ordinance. It stays the same. 8 is the same. 9 is the same. Then we came up with definitions for an antenna vrhich js just a systemof wires that receives and transmit. Communicati.on and transimission tower and then amateur radio tower which is what the antennas are on. Then a ground mounted verical antenna. Headla: I think thatrs a real improvement over what we had before. Ellson: I thought that one part in G was really rough but I can seehow it was hard to write. I can picture what yourre doing. OnIy thepart thatrs not attached to the building. you mean the eitended partbut I just thought it was kind of rough to read and I didn't know ifthat could be rerrritten. The portion of the tower is fastened orsecured to a building, then the onry portion which is not aEtached tothe building will be used to determined the setback. I don't know.I could live with it because I know what yourre talking about butI just thought it was on the rough side. But believe ie, I agree. Iread this thing and boy, I know this $ras a lot of work. Does itbother any of you guys? I'II live with it if you guys thing itrs goodenough. Conrad: I knov, what it means. Headla moved, EI I son approval of Section Rad io Tor"rers . seconded that the plannj.ng Commission recommend2g-915 for Antennas, Satellite Dishes and Amateur 1. SateIl ite dishes, antennas shall bedistricts. television antennas perm j. tted accessory ground mounted vert j.ca1 within all zonJng and u s-6s 2 Amateur radio towers sha1l receive adistricts prior to installation.conditional use permit in all 3 In aIl residential districts, only onepermitted per lot:of the f ollow j.ng are a b c Satellite Di sh Amateur radio tower Ground mounted vertical antenna ground nounted satellite dish shall notheight above ground Ievel . exceed fifteen (I5) feet4A in 6 No ground mounted satellite dish, amateur radio tor^rer or groundmounted vertical antenna sha1l be Iocated within the requiredfront yard setback or side yard setback. cround mounted satetlite dish, amateur radio torder or groundmounted vertical antennas shalr be setback from all adjoining lotsa distance equivalent to the height of the dish, tower or antenna.If a portion of the tor.rer or antenna is collapsible or securelyfastened to a building, only the portion which can faII will beused to determine the setback from property lines. Location shalr Planning Commission Meeting March 2, 1988 - Page 24 olsen: we erere definitery going to stirr work on that and confer withthe City Attorney on how they wanted that written. They can alwayscome up with sornething. we definitely understand that lhat,s kind ofrough. Planning March 2, Commission MeetingI988 - Page 25 7. not adversely obstruct views from adjacent property. A building permit shalL be required for the j.nstallation of anysatellite dish, amateur radio tovrer or ground mounted verticalantenna. Building permit applications shall require thesubmission of a site plan and stuctural componenEs. When asatelliEe dish or radio antenna i.s located on the roof of abuilding, the applicant shall furnish the City Bui.lding Officialwith building plans and structural components displaying the meansof securing it to the building. The auilding Official must approve the building plans before installation. 9 8. Each satellite dish, amateur radio tower and ground mountedvertical antenna shalI be grounded to protect against naturallightning strikes in conformance $rith the National Electrical Codeas adopted and amended by the City. Satellite dish, amateur radio tovJer and ground mounted vertical antenna, electrical equipment and connections shall be designed and instaLled in adherence to the National ELectrical Code as adopted and amended by the City. AII voted in favor and motion carried. HeadIa moved, EIIson seconded that the Planning Commission recommend approval of the following definitions Eo be added to Section 20-1,Definitions: Ground Mounted Vertical which is mounted in the An inilividual vertical antenna Amateur Radio Tower - The structure on whi ch transmitting or receiving antennas are located wi-tich are used fcr non-commercial transmissi.on. An ten na s ground . AII voted in favor and motion carried. Antenna - A system of rdires, poles, rods, reflectiog discs, or similar devices used for the transmission or reception of electromagnetic waves, which system j.s internal to or attached to the exterior of any building or tower. Communication Transmission Tower - The structure on which transmitting or receiving antennas are located which are used for commercial transmissions, includ j.ng but not limited to radio stations and dispatch sys t.ems . Olsen: What we're proposing to do noe, is, number I just states thatno det.ached garage or storage building in any district shall beIocated in the required front and sideyard. Number 2 wouldessentially be for RSF and R-4 districls where it h,ould say, In RSEand R-4 districts detached garages...and then add the remainder ofthis where it $ras talking specifically about RSF and R-4 with theLt60A squaxe foot and maximum of 3qZ ot tfre rearyard and put that as aparagraph under 2. Then make number 3 as another section under number2 because this will be pertaining to the RSE and R-4 districts.Number 4 then is also for the maximum height wilt be applied to the RSF and R-4 district. If you feel that you wanE these also for theother districts, we can arso add that under number 3 that we added formultiple family commercial, industriaL districts stat.ing that theyshaLl have a rearyard setback of I0 feet. Essentially we've got oneas a condition for all districts. Two would be RSF ana n_a. ?hreewourd be multiple famiry, commercial and incustriar districts. Thenwe tried to further define a tennis court and swimming pool, wherethey can be located and where they can not. When you look at theordinance now they are considered an accessory use but then you usethe accessory structure setback so we came up with specificrequirements for those. (c) is the same. SECTTON 20-9A4, ACCESSORy STRUCTURES. Conrad: what did we decide?building right?City Council didn't like the l,qTg foot olsen: They wanted different setbacks and Bill is here to be sure. Emmings: Thatrs been incorporated already. Olsen: Right. Conrad: They literall-y said in either poinE 1a garage or a building as large as L,6Og feeE.thern but that rdas what they siid. or 2, they did not wanENot that I agree with Dacy: They did talk about 800. Conrad: what are you thinkj.ng BilL? tet me gj.ve you our logic,r think when we went through it a month or two ago. Tom didnrt callon me for our rogic during our meetings so r'lr ihare it with you. -w" really took a look at what it vrould take for a 3 car garage and also$rhat it would take to have a tibtle shop in there and thei steve addeda I0B fudge factor or something and we iame up with l,qgg feet. webasically looked at garage stalls to be a key there. r think 800 feetprobably wourd work too. r donrt know if th-ere's a great dear ofdifference between Bog feet and l,6gg feeL in our miid but whenr heard city council talking, r heard numbers that were significantlylower than the I,060. BilI, do you have any comments? Anything toguide us on this thing based on what you helrd? Planning Commission Meeting March 2, f988 - page 26 PIann i ng March 2, Commission Meeting 1988 - Page 27 Councilman Boyt: I remember saying at the meeting, when we firstdiscussed this and I think whaE I could live rrrith is if the outbuilding $ras never to be larger than the main structure. In a sensethat we don't require a house, the minj.mum house size is less thanL,6gA sqnate feet. I'd like some means of avoiding the situationr^rhere a person has a 850 square foot house and 1,060 foot outbuilding 15 feet from the lot line. I have a really serious problem and willprobably vote against this if we come up rrith L,ggg sqoate footbuilding and put it closer to our rear lot line than we now allow a 859 square foot house to be. I think that's inappropriate. Headla: what about a little Sears sheet metal ut j.Iity shed? Emmings: That's under Conrad: Thatrs under therers no problen \rith that. 2gg. 200 so Emmings: Thatrs why we put that in there rdas that concern for that. Councilman Boyt: If I might just comment one more thing about thatitem, when I think of a sj.ngle car garage, which is r,rhat I hadenvisioned about 2gA square feet to be, and see that 5 feet from aback lot line, I get nervous about that too. What I see as an outbuilding is something where a person can store a lawn mower or a few t.oo1s and I knov, staff vras going to check into what a typical size ofan outbuilding is. what is a typical size of an outbuitding? Olsen: It's always an 8 x L0, LA x ]-0, l0 x 12 and he said vp to 2Ag. Then I always checked around with other cities and 260 $ras the cut-offpoint for their small build j.ngs and l,OAA was the typical maximum. Dacy: Thatrs in the Building Code too. The L,Agg. Councilman Boyt: That the L,SSS i.s a maximum? Dacys For a garage. Tim Erhart garage aIso. had come up with L,gAq for a 3 car Olsen: we first had 800. Dacy: Then Tim up with l,ggg.came I rmCouncilman Boyt:really here to listen so take it away. Dacy: That's the concern about the accessory building be larger the principle building. I think that goes right in with (c) andlogical extension of that as far as when an accessory buildi.ng isconstructed. I think that's easily accomodated if the Commj.ssion wants to pursue that. The only exclusion to that would be if youin an A-2 area and your barn would be obviously larger Ehan yourbut that can be excluded. th an is a $/ere home Planning Match 2, Comrnissj.on Meet ing 19 88 - Page 28 The districts that 2 applies to, Tim wants to expand that in his RSF and R-4. letter to RR-l and A-2 if lots that we're aI lowi ngI think we should. Conrad: Emrnings: theyrre 5 HeadIa: Conrad:that are acres or less. And I think we'1l want to make that 10. I agree with Tim in thoseresidential in nature. I Iarger agree. Emmings: I think the makes much more sense record should when he's not refLect that we aII think Timhere t.han when he is. Conrad: Hers much more agreeabJ-e. Headla: Which point are we going to discuss here? Werve gotdifferent ones. If we're going to talk about Tim's memo, I don'tthink it should be 5 acres. I think it should be I0. Look on therrest side of Minnewashta, you can put up an arrful big buitding thereand it just doesn't fit into the area. I'd be affected by it but Ireally thing thatrs for the good of Chanhassen, that's the way itshould be. Conrad: Is there any think the 5 acres... logic we can use? I hear whaE you're saying. I Dacy: I think the 5 acres, all the Hesse 5 acres and all the cluster subdivi.sionsraise it to 10, it would probably includedescribed sporatic parcels throughout the Farm lots are approximately are below that. If you would some ofcity.the other separately Dacy: Your maximum of Headla: So werd knock all but one out in our area. area ls l,6qg . zoned RSF so you're going to faIl under the Headla: Even though Irve got 10 acres? Headla: That accomplishes what I wanted. Emmiogs: Itrs funny about 5 don't really know why. acres, it just kind of feels right but I Conrad: It feels right but Ithe 10 but I do like the 5. didnrt have a good logic. I didn't like Dacy: Right. What we're proposing to do is regulate it by zoningdistrict. Timrs concern is out in the rural area. your zoned nSf.You have 10 acres. You have a maxirnum of Lr06O square feet. Emnings: I'm wondering why in the old numberunder 2, it says detached garages but storage 3, now it buildings s assumed is Ieft out of Planning March 2, Commission Meeting 1988 - eage 29 Dacy: Yes. Our conceln was that we had a difficult time trying toenforce that condition on, for example r20 square foot sears uuildingor one of those. When we talked to Tim more about it, he said thatwas his main intent arso, was to make sure that ttre giragei-at leasElooked the same as the house then. there. Is there a reason for that? Emmings: How about saying detached 200 square feet? Because if they'revrouldn I t we want them to be? Olsen: You still have to be You could stj.ll, if you houseyour garage in the front. garages and storage buildings overgoing to build a bigger building, Olsen: A lot of times those are still polebarns. Enunings: Can they build polebarns in the RsF? Dacy: Yes. Olsen: But Dacy: You purposes. when itrs a garage... do need the thicker walls obviously but Building Code Emmings: The other thi.ng Irve got is, number l says no detachedqarages or storage buiJ.dings in any residential diitrict shall belocated in the required fronE or side yard. Down under t.ennis courtsand swimming poots, you,ve put in some-special I;"t;;;; ioi".ip..iin-Iots. Again, not I,m getting kind of woiried anoul my own situationhere a little bit buE it does come to mind. this wouid pierrent mefrom building.a garage on the side of my house away tiom'lhe faXewithout a variance, would it not? What is my rearlard? Dacy: The Iakeside. Olsen: So you have a 75 fooE setback for any structure. Emmings: Yes, but my frontyard issaying I can't build a garage backmy car comes j.n there. Irve got to Headla: Itrs the old story, which Dacy: The ordinance. defines the frontyard as Ehat part thatstreet. your case, because you,re on a private easlmenl. is your fronEyard. abuts the 30 feet back and thatrs the frontyard. eras 50 feet back, you could still have away fron the lake andthere when the road isput my garage now... you I re back there, Dacy: Are you calling your lakeside your front? Emmings: Irm ask ing. Planning March 2, Commission Meet j. ng 1988 - Page 30 Dacy: The ordinance defines the lakeside as a rear but it can,t be asclose as 75 feet. Bet$reen 75 feet and your house you could have agarage. Emmings: my front garage. This is by says I canrt build a detached garage the street but that is where I vrould in the front and log ically build ny Olsen: You canrt have Emmings:What yourre you wanE to it r.rithin the saying is I've build a garage setback of the front, got to get a variance. in the frontyard, you.1l need aDacy: If var i ance . Emmings: But why should we make that necessary on riparian lots? El,Ison: How many people will Ehat affect? Conrad: Quite a few. Emmings: Everybody who lives on a 1ake. Dacy: Especially in the older platted areas. Headla: We talked about this before. We sti11 don't have adefinition of a fronbyard and you were going to go back and look atthat for me. Dacy: The ordinance defines frontyard as that part of the lot thatabuts the public street. Headla: But thatrs not good enough. YOu,ve got double frontage lots.You've got lakes. Dacy: We define a doubl-e frontage Iot also. Emmings: l,ty point is this, yourve gone to the trouble down for tennj.scourts and svrimming pools of d j.stinguishi.ng what you do erith riparianlots and why not do the same thj.ng for garages and storage buildings? Dacy: That's fine. Olsen: On riparian lots? Emmings: Yes. Olsen: The Shoreland Ord j.nance prohibits that with j.n 75 feet. Isthat r.rhat you ' re tal king about? EmmJ.ngs: No jtrs not. Pl ann i ng March 2, Commissj on Meeting 1988 - Page 3I table th j.s? There are a lot of things have staff come and bring it back nextthese considerations and just think t.erms of riparian and that kind of Dacy: Let me explain this. The intent to permit an accessorystructures in the front and side yard is, in the case of the iideyardto not block and access between trro lots. The frontyard is tomaintain a safe distance bet$reen the public right_of-_way and any Eypeof structure for safety reasons. Lika in your area alo-ng HorseshoeCurve or the Red Cedar point area, there are a lot of those oldergarages that are right on top of the road. I think everybody knowsthat thaErs not the best safety type of situation also s6 th-isaccessory buildings not being abre to be locaEed in the fronEyard, lhut': a typical requirement in most ordinances. Maybe it should berooked at Ehrough a variance procedure in some special cases becausethink to alIow it outright may be creating more problems than it's vror th . Emmings: Just think for a minute. If we allowed it on a riparianlot, when they come in for the permit they're going to have to neetall the setbacks. If you allo!, it j.n the frontyard on a riparian lot,you're not goj.ng to run j.nto the Red Cedar point type of situation. Emmings: I the rest of Conrad: Steve, why don't here and I guess I'd liketime that we meet and workabout it a little bit morestuff. I we to in in think we all kind of tike,us seem to think that Tim can even speak about Tim's, but had some good thjngs that could Dacy: AI1 werd be doing is repeating erhat the Shoreland Ordinancesays. Emmings: AI1 I want to say is something like, on a riparian lot theyshouldnt t be allowed in the rearyard. Dacy: Your intent is to prevent the ability of somebody to constructsome type of storage building between the principle structure and theIake? Hnmings: And to all,ow it in the frontyard in that situation. Ellson: You donrt want a Sears thing in the back that has 1ifejackets in it and things like that? Conrad: We donrt need a lot of variances coming in here $rith peoplewho live on lakes and 20* of the people in chaniassen rive on 1akes. Emmings: Irve probably got 25A feel down to the 1ake from my house.r donrt have any troubre getting back 75 feet. Not that r would everbuild a building there. No one in their right mind would but whyc?nrt I- just get a permit to buitd it in my frontyard in thatsituation? Why do I have to get a variance? Planning March 2, Commission Meeting 198 8 - Page 32 be incorporated too. Dacy: I undersEand he won't be able to make the meeting on the l6theither. Headla: I don't think we want outbuildings on the Lakeside allowable. Dacy: Werll bring it back. Headla moved, Hnmings Accessory Structures. seconded to table action on Section 2g-9q4,AII voted in favor and motion carried. REVIEW PROPOSED STATE ENABLING LEGISLATION. Dacy: If I could just bring you up-to-date where it is with thelegislature. It is in conmittee from what I understand now andvarious conmunities have been testifying pros and cons on many ofthese issues. My main intent of bringing this to your attention is sothat yourre arrare of this proposed law because it does have in someinstances, very significant implications on hov, planning commissionswill be operating in t.he future. Minnesota I think is unique intaking this approach of looking at it's enabling legislation and doinga complete revamp. Looking at other laws like the Metropolitan Land Use Planning Act and looking at hot, cities relate functionally withcounties, etc.. Eor example, if you noted on page 30 for conditional uses, IrIl just bring the example to your attention. Something thaErseasily identifiable. All the l-anguage thatrs underlined is what isbeing proposed. what is being proposed js that the planning commission is getting a Iittle more authoriEy on conditional usepermits. What it's saying is Lhat the City Council has to considerthat Planning Cornmissionr s recommendation and over two-thirds of the Council must abide by Ehe Planning Comrnission's recommendation or by atwo-thilds vote override that. So for example, that is different thanlrhat was law up until this tine. Another issue in here, this doesnrtaffect the planning commission necessarily but the composition of the Board of Adjustment and Appeals. whatrs being proposed j.s that councilmembers are not goj.ng to be permitted to sit on the Board of Adjustments and Appeals. That is current practi.ce i.n Chanhassen sothat takes a different approacb. There are other larger issues that we could go on and on about as far as consistency between comprehensive plans and zoning ordinances and so on, but again, my main intent was to get you familiar rrith this so you understand thatthis has direct impact on how you decide issues and what you can and what you canrt do. If you would like, I could have Roger Knutson comein and highlight the chances a Little bit more. Because on wby theydid this or why they did that, Irm not up to speed on. I don't knowthe hj.story or the rational but Roger could give that. Headla: One point I'd Iike him to comment on is Chanhassen goj.ng to have liability on us then like they cover the Council? Right now they Planning March 2, Commission Meet ing 1988 - Page 33 donrt carry liability on our recommendat i ons . decision making because all we do is make Dacy: I donr ton that type of this law, but I ask. think i ssue at least I didn,t see in here anything Headla: On page 30, the Council hasus, isntt that giving us some cloutthat potentially make us IiabIe? to and have two-thi rdsif we have that to over r ide cIout, doesn t t Dacy: We do have employees and some commission andmembers do have insurance. I don't think this makesto that but I can ask Roger. the Counci 1you any more oPen Ernmings: r think thatts basicalry right. r don,t think werre sueabreas people that donrE make final r econunenda t i ons and r don,t think thatthis _wourd change that because the city council would still be makingthe final decision whet.her it's to go rrith what we said or to changeir. Headla: I thought $re rrere not recommend at i ons . covered because we only make Headla: Even though it would take two-thirds? Emmings: Sewer improvements? Dacy: Right. Storm sewer. Drainage improvements. Emmings: That soundls terrific. Headla: Hord about fire engines? Einmings: Yes, but !re,d lvant to find out about that. We want to makesure Ehat Roger agrees with that. r was interested in thi.s notion ofimpact fees and rtm totarry unfarniliar with what it was. r read therittre bit in here on it. rt sounded kind of interesting. could youtell me in 25 words or less what it is? Dacy: Itrs synonomous r^rith the ability to charge parkfees. Impact fees would enable the community to ch;rgefor transportation improvements which has been a popularrecent past. dedicationa specific fee mode in the Dacy: That can be classified under a general generic term ofcommunity facility or pubric services. rt gives the city the abirityto charge an impact fee based on a broader area. For example, maybeto use a comparison with the park dedication fee, you,re identifyingwhat the park needs are for that subdiv j.sion. Impact fees, the iityhas supposedly gone through an analysis of what il needs fortransportation, fire services, golice services, etc.. This law givesthe communiLies the ability to do that. Planning Commission Meeting March 2, 1988 - Page 34 Emmings: We cantt nov,r? Dacy: Right. The only mechanisrn that you could probably usethat r.rould be to somehow negotiate with your pUD agEeement orsomething. But even there it's kind of ;hakey. Ernrn i ngs moved, Ellson seconded to adjourn the meeting.favor and motion carried. The meeting i.ras adjourned at to do All voted in 9:45 p.m.. Submitted by Barbara Dacy City Planne r Prepared by Nann Opheim CHANHASSEN PLANNING COMMISSION REGULAR MEETI NG MARCH 16, 1988 Cha i. rma n conrad MEMBERS PRESENT: Batzli and David called the meeting to order at 7:46 p.m.. Steven Emmings, Annette Ellson, Ladd Conrad, Brian Head 1a IIEMBERS ABSENT: Tim Erhart and James Wildermuth STAFF PRESENT: Barbara Dacy, City planner; Planner and Larry Brown, Asst. City Eng j.neer Jo Ann Olsen, Asst. City PUBLIC HEARING: Hsz DEVELOPMENT, PROPERTY LOCATED rN THE soUTHwEsr coRNER oF TH 7 AND TH41 INTERSECTION (PART OF. LOTS H, I & F, BARDWELL ACRES): A. REZONTNG oF 7.63 ACRES oF PROPERTY ERol4 or, oFFrcE rNSTrrurroNAL ToBN, NEIGHBORHOOD BUS I NES S. REPLAT PROPERTY DESCRIBED AS PARTS OF LOTS H, I AND F OF BARDWELL ACRES rNTO THREE LOTS (.92 ACRES, 1.18 ACRES AND 5.53 ACRES). C. SITE PLAN REVIEW FOR A 25,920 SQUARE EOOT RETAIL CENTER. Publ i c Present: Name Address B Leander Kerber Robert WagnerJeff & wanda KamrathSandy LehmerKeIIy ziegter Kenneth & Delores Zi egI er Agnes AndersonBetty LangDick a Yvonne Bror.rn Dan & Fay Dudycha Jim Masters Ben Gohren Gary & Jan Reed Marcia & Bob Schefe r l iRalph H. Livi ngstonPaul PrenevostWilIiam Wefr i ng Howard Schmet Ralph & Kay HegmanGinny Hani ly l6 20 Arboretum Blvd .25II Orchard Lane 2731 Orchard Lane 64 51 OrioIe Avenue 6480 Oriole Avenue 5441 Oriole Avenue 5470 Oriole Avenue 263l- Eorest Avenue 2630 Orchard Lane 64 5I OrioIe Avenue 6450 OrioIe Avenue 6440 Haze]-ti ne BIvd. 2461 west 64th Street 325 ceorge Street, Excelsior 253I Orchard Lane 6351 Minnewashta Woods Drive 63 50 Minnewashta woods Drive28I0 Sandpiper 6361 Minnewashta woods Dri.ve 2669 Orchard Lane Barbara Dacy and Larry Brown presented the staff report on this item. Planning Commi ss j. on Meeting March 16, 1988 - Page 2 Conrad: Because \.re are missi.ng a piece of the puzzle and someinformation, I think we do have that choice. Right now we couldbasically table the entire issue until we got t.hat piece or we could 90ahead tonight. We can make recommendations on zoning. In past $retve looked at the site plan and werve looked at things in conjunction withthe zoning changes. Theoretically we should be able to look at a site and decide vrhat it's good for and should be divorced from the specj.f icthat $re put on there. I guess my preference tonight would be to go ahead and conduct the public hearing. The down side to that is therers a good chance werre going to table an item which means yourd be invited backagain. You could go home Eonight and come back when we had all theinformation in front of us. I guess, being that yourre here, mypreference is to go ahead. Unless I hear any different direction fron commissioners, I'd like to proceed on the matter and werll addless themindividually as we come to the three different j.ssues. Emmings: The one thing that werre missing is, apparently therers a problem erith r^rater quality. Could we approve the plat and the site plan and add a condition that they have to satisfy any requirements imposed by the watershed District just to move the thing along so Ehey don't have to come back and then that issue could be take up in front of the Council? Dacy: Yes, that is an option and you can place that approval. The commission should be aware though that may involve adjustment of the site plan or changes in items would 9o up to Council. as a the Lhe cond i ti. on of drainage i ssues pIaE so those Headla: It would be your discretjon if it should come back here? Conrad: the site Generally it's a good idea toplan that goes to Council. have it come back to us so rre see Headla: Many times we leave things to their discretion. conrad: It's up to their discretion when there are minor changes. Then we have typically let minor changes go along and what is a minor and rdhat is a major, it's always been based on staff's best judgment but I think Steve vre could do that. we couLd put conditions in there yet I donrt knor,, how we could send that, Put the right benchmark for staff to say bring it back to us if. I'm not sure what that is. Again, we would say if there are significant changes. I donrt know what that might enEail. Dacy: I knor., the developer may have specific requests as to that matter. Conrad: Irm sure you'd like us to revj.ee, the matters tonight. Anything else you could add to that without getting into other things right no!r? Roger zahn: Sure, I'm Roger zahn, president of HSz Development. Actually we found out about the drainage problem about 4:30 this afternoon or the issue and it really is a problem that is, I think going to be pretty easily resolved and wetve already got a good solution for itI thjnk. We have John Uban from Dahlgren, Shardlow, Uban & Associates is here to address that issue and I think John has something that he can Planning Commission Meeting March 16, 1988 - Page 3 show you that youplan. Perhaps we at tonight tha t care of that on will almost surely by ourthe front side here. can can look ta ke J. D. MacRae: My name One of the reasons wetonight is that your Because werre such acould get a hearing,better off obviouslynext meeting which isto proceed. is J,D. MacRae, Irm one of the architects on this-did decide to proceed and come to this meetingnext meeting is very filled up at this point.big issue, vre felt that if there was any way weget a feeling on it and a recommendation, werd bethan putting !t off tr.ro months or bogging down youral-ready full so that's why we are heie ind aeci.aed Conrad: We.ll go ahead with the items and we'Il open it up for publiconment. we wirl entertain comments on any of the p.opo=ui= in frontus which is one, the zoning change, the prerimi.nary- ptan to subdivideinto three different rots as werl as the site prani 'we;ti open tnepublic hearing for those. r think we,ll start if the aeveroper wouraIike to give a presentaEion, I think that's a good lvay to stlrt ana wcan_all see_ what they have in mind and maybe any of ti-re changes thatwourd anticipate as a result of the recent infoimation they tot thisafternoon. so with that, Roger hrourd you rike to..r". pi.ientationyour staf f ? of c e the y or Roger zahn: r have the job of presenting to you the basic outrine of ourproposal. I just would like to go back a little bit into the planningprocess that we lrent through and let you kno$, somethjng about our lhllg:opl,V with respect to this devel6pment and this piolect and thenergnborhood i.n hrhich we propose to prace our buirding ana tnen r thi.nkrrrr turn it over to John uban who, is r mentioned is from Dahrgren,shardlow & uban. They are our planners who have done some excerrent grorkin terms of traffic patterns and traffic pranning and arso on tnedrainage issue. ...thg quatity of the p.ii."t tiat we,." goi.,g to put upand the building materiars and sho!, you-maybe some differeit elevationsand some color renderings and so forth. When we looked into startjngthis.project we were aware of the history of the difficulties thatprevious developers had had in dealing ,ith certuin j.ssues as far as thepeople in the neighborhood were conceined and we went back and studiedthose and researched them. rt seened to us that traf f i.c flow and thetraffic pattern around this site. was going to be the key to making itwork. we erorked extensively with the-staif. l{e had soire discussi.onswith neighbors. Engaged whit we thing are the best planners in the cityto herp us resolve those issues and 16 ..me up $rith ihe ia"u of vacatin!54th Street and moving the entrance to the site the way it was. I^Ie kindof went in and said, if we can resolve the traf f ic patlern so that wehave minimal impact on the neighborhood and arso resolve the trafficpattern in a way that,s going Lo be good for people who are shopping inour center, then this project is going to wori. Let's get the tiafiicpattern resolved first and then werll orient our site aid decide how ourbuilding is going to fit in there and make the project sort of start fromthere and evorve and that's what we did. we reitry put a rot of time andeffort into studying and tistening to the problems and issues that havebeen raised before and r think weive come i long vrays and we're stirr, ofcourse, willing to Listen to any other commeots thai may come along. Planning Commission Meeting March 16, 1988 - Page 4 AIso, the other issue that we saw that was a significant problem prevj.ously was drainage. Of course, that's the one that may be hangingover our head a li.ttle bit as I speak because the issue was raised Eo us maybe at about 4:30 this afternoon that the solution that ere had proposed might have some problems as far as the watershed District is concerned. However, I want to make the Commission aware of the fact that we were asked to engage engineers to do a study, which we did. At our expense we undertook to present a plan which went beyond what sras absolutely necessary for us to do in order to improve the situation that currentlyexists and make it a little bit better and we did sort of the same thingwith traf f ic and there will be some things that I think John probablywill go into as far as the entrance into the neighborhood off of TH 7,that we picked up a few things from the neighbors in trying to add something back in, not only just make a good high quality development. Our ph j. losophy is that we vrant to do something on this site, and on allour projects, thatrs going to last. That's going to be good for a long time. It's in our long term best jnterest, not just that we want to be nice guys but thatrs the kind of development we want to do because it'sjust better for us. We put a lot of work and thought into our approach to this and $re hope the Commission looks favorably upon those efforts. With that, I think you have a basic good understanding of what our siteplan is going to be and I think I'11 turn it over to John Uban and let him explain in a I j.ttle bjt more detail about the traffic and drainage. John Uban: I will not belabor any of these topics but vrould like to briefly take through our pJ,anning review of the area in general. This is an area plan, section maps on Ehe scale of I inch equals 2gg feet and theproperty itself lies on the northern edge of Chanhassen. AIso, it's right on the corner of TH 7 and TH 41. NovJ this is unique. You do not have many corners of tvro major state hj ghways in the community. When those occur, they are usually not sought out for residential uses or for anything other than neighborhood busjness, commercial. So from a general point of view, the uses that have been proposed generally in the past and how we're viewing j.t today are all- basic planning approaches to this kind of property. We feel that the uses are vely approPriate. what we found is that we should really study how this piece of property not only works erith the highway system but ho', it works with the neighborhood as a r,rhole. So we began to look at all the di.f ferent uses around the site itself. Residential to the west. Again, to the north there is other commercial in Shorewood that has access directly off of TH 7. Full interchange access. Then vre looked and saw of course therers a major park facilities to the southwest and then there was unsewered or rural areas down to the south so from this we saw there will be a concern for traffic. Traffic integrating with residential traf f j.c. so vre looked for a solution that vrould allow this piece, about 7.5 acres of commercial land t.o function and serve the nej ghborhood and corununity in a very busy intersection and yet at the same time not create probLems with the residential traffic. So Eo separate those traffic sysEems. We saw that an existing system nos, was sort eLongated roads penetrating back into very beautiful residential areas and the concern of course, in the Past was that these areas may become encumbered with comnercial traffic so vre vranted to separate them. what r.re looked at are two different approaches. This drawing is at the scale of I inch equals I00 feet so we enlarged the Planning Commission Meeting March 16, 1988 - Page 5 area. Herers the shopping center and the immediateJ.y adjacent roadsystem. So we did several things. We had many meetings with MnDot andwe just got r^rord for one of the things. One of Ehe concerns in theneighborhood was turning into Oriole Drive off of TH 7. As they returnfrom the east in the evening comj.ng back to their homes, j.t's verydangerous to sit in the middle of that very busy highway and try to makea Ieft turn. ft's not protecEed. The highway narro$rs right at thatpoint and there is a high probability of rear end accidents. So weworked with MnDot and r just got word that they have approved our pran toput in a left turn lane there that wirl be reslriped. -we're not t;lkingabout when that can happen, possibly this summer. so that is somethingwe. pursued and hopefully wilI settle a significant problem for theneighborhood. Additionally, we looked in conjuncti6n with the t$roneighbors to the south, Mr. Reed and Mr. Gowen who have land yet to bedeveroped and how those lands courd be deveroped in a pattern that rearryworks for everyone in that area. so we rooked at reroiating the roadsystem in some fashion through those two properti.es to alloir good,rational deveropment of their property and at the same time separatethese traffic systems. we think the two solutions that werve looked at,which are basicalry the same thing but just different interior patternsof roads depending on how they actually want to plat the inter iorparcels. Both of these can be done quite easily. Werre rrorking rightnow on a system that will allow them to happen in conjunction with - reasonable deveropnent down here and in a system that will not add costand assessments to peopre $rho do not benefit from it. rn other words,existing neighbors that live in the area. so the plan is onry those r.rhobenefit, those who wiLl have deveropable rand when it's done wittr wittbear the burden of cost. obviously r.re wirr have a significant burden inthat improvement. The other things we've done is we've worked with MnDotto improve the traffic system on iu 4r. From the north we put in u ,igniturn rane so there wirr be a decereration rane so traffic can easiryblend into the intersection and enter the site. Also, on the northboundlane we will be putting in a by-pass rane, a widening of the shoulder sofor left turning movements there will be the easy bylpass of throughtraffic. so alt of these wilr combine to make .- gooa- intersection of TH41 and TH 7. The other issues we looked at had to do r.rith the kind ofintersection and how to have the lands come together and we think thaEeverything is worki ng out quite vrell and shourd do very good things forthe neighborhood in separatj.ng the traffic and at tn" i.i" tjme k6ep thecommercial access good and easy and direct off of major highways and notoff rocal roads. The other thing that we looked at, th is is a-drawing ofthe same area but has topographic information on it, and we looked atdrainage. Herers the subject parcer again and in this light tan cotor isa marsh and ponding area down in the park area. This had been designatedin your comprehensive storm sevrer pLan as being a storage area for theberm and ponding. Then it flows out i.nto the l.:ke. This kind of pondingis a very good crarif ier of water but we want to crari.fy them on our siteand this is what the Watershed District is concerned about. So rrhatwerre proposing is in an area where hrater already goes underneath TH 4I,that.we will be putting in a sedj.mentation pond and we will do that,working with MnDot where we would like to regrade some of Eheirright-of-way to make sure that it is a good ilat condition. Help theirdrainage probrems. Help ours and rearly !'ror k out a pattern of diainage Planning Commission Mee t j. ng March 16, 1988 - Page 6 and storage in this area of the site that will meet all the criteria ofthe watershed District. That's what theyrre concerned about. They want storage of the hrater on the site in a fashion that gets all the sedimentation out. We will have skimmers on that pond, on the outflow ofthat pond so it skims off the oils and debrjs. so by the tj.me the water Ieaves the site and enters the natural system, it is as clean as any water can possibly be. So r.rorkiog r.rith the highway department and our site, we can solve many of those problems. I think thatrs exactly erhat the watershed District is looki.ng for. so that is the change or that is how we will solve that problem so you should be comfortable that thatrs the direction ererre going in. If you have any questions on that part, IrlI get glad to ansrrer them but now Ird like to turn it over to the architect. John Uban: Two things are going to happen. one, this area has already been looked at and geometrics have been measured by the highway department themselves and they have determj.ned that within the existing right-of-way or the existing Paved area, a l-eft hand turn lane can be placed. Striped and designated left hand turn only. werve talked to them. They've gone out and measured it. They agree with us and they say they will do it. No$, I just have to make sure it gets done.as quickly as possible. We will be adding in this area, also a deceleration lane on the eastbound lane that heails in the other direction so we will be widening that portion also. The widening of that deceleration lane is for the ri.ght hand turn only into the sjte- J.D. MacRae: Irm J.D. MacRae, the arch j. Eect from Heise, Vanney & MacRae and I rrill address the site itself now that werve gotten ourselves from tbe perspective of further out, coming into the s j.Ee and as we have discussed, off of TH 4I and off of TH 7. The orjentation of the building was addressed to orientate the face, the retail faces of the building to the intersection. Back the building up to the residential. Both the rnain center and an accessory building back up to the residential to try and act as much of a buffer as we possib.l'y can betr'reen residential areas and the parking area. Try to isolate the activity of the parking, the noise of the parking, the lighting of the parkjng as far in the site as we can. Addressing the two outlots on TH 7 where we have your highest amount of traffic and obviously your highest ability for resale. we have brought the cars in here. They can break off either direction, making them turn as they enter the site to slow the traffic down. Come across the face of the buil,ding, parking up agaj.nst the building and parkinlr, as Public: ltay I ask Mr. Uban a question? He said something about a left hand turn on TH 7. John Uban: A left hand turn off of TH 7 onto Oriole Drive. We have worked with MnDot. This is a left hand turn. Traffic coming from the east, slowing down to make a left hand turn onto Oriole Lane. So this is where t,his deceleration, the stacking lane separated from the through traffic wiII be Located. Public: So you're saying then thaE they are going to exPand that Passing a rea? Planning Commission Meeti ng March 16, 1988 - Page 7 required by Code, out in the parking lot. We tried to minimize it's depth and itrs blacktopping by bringing employee parking along thebackside of the building. we have then put in a 59 foot green strip hereon the west portion of the lot and a 59 foot green strip on the southportion of the lot. Landscaped and a berm that's running, againprotecting parking, protect the ability for the residential to be viewingat least the blacktop. We canrt say we can btock out a buildingcompletely. That would be, I think a lie. Werre going to bLock outcars. Werre going to block out the blacktop. Conrad: Even on the west? J.D. I'lacRae: Even on the west. I have a couple of things to show youhere. Number one is a landscaping plan that r.re have done. With the useof evergreens basically all the way along to try and act as much of ahrall as possible erithout actually building a physicat wall, which is anoption but probably not as pretty as greenery. Then werre proposingsumac, which is a natural pLant in Minnesota, along the hiliside. itratwill herp hold the root system to keep erosion dowi and herp keep a rowmaintenance need to that hillside and yet add color and texiure to thehillside rather than a big green hirr that needs mowing and maintenance.Here in the faII will turn nice and bright red. In the summer itrsgreen. In the faIl when the leaves faII off, there are evergreensremaining there as a natural buffer. werve made this back p5rtion alongthe residentiar as intense as we feer we can do it rrithin an economicbase. By trying to plant continuous evergreens and then bringing out infront here less dense trees such as locust and maple trees that you cansee through so you can see our center. The signage of Ehe retairers canbe seen by the shoppers. we then go into some site sections here and rrmgoing to put this down here probably out of range of the camera but r'11bring the sections up onto the easel. I,ve got some site sectionsIooking at different areas along the land here. Section A is cutbasically. through the. accessory building. Coming along the existinghouse, this is the existing grade up to the property line and then isehill up to a slight bern and actually have sone grade up against thebuirding to try and reduce the height of that building wheie there is noroad behind it. Then the landscaping which we showed on the randscapeplan up on top of that berm and hillside. Here the idea is that we justtry and reduce the anount of building that is seen by the residents. Weget into the retail center, Section B is cut basically so it's justhitting the side of the building here. Existing house and exislinggrades coming up and then again, our hill to build up the site beciuse ofthe way the whole site falrs off, we do need to do some firt and build itup. Werre building it up above the parking and then coming back down.Landscaping that so the sight Lines don'!t see the parking lot. Don't seethe cars. ?hey will see the top of the building. As we go C and D hereare along the south portion of the property in a couple of differentpoints. C where we have the highest amount of grade fill. The highestamount of fill- we can get a slight berm in to again, protect the sightline of a car from devel,opment that nay happen down here. Again, we'iJ.see the building only in a reduced sense because of that berm. Then withthe landscaping it merges that much more. Then on Section D, the hillstarts getting much less because the grades are coming up to TH 4I. There $re're able to put a larger berrn. Especially as we get out in here,the idea was to berm up as high as $re could, landscape that as hard as wecould so the traffic coming from a high spot down on TH 41 here are notIooking into the back of the building. Theyr re looking at rooftop unitsso we can break that view up and try to make a pleasant Iookingdevelopment. As they get around the corner, Iooking at the side of thebuilding. then the building starts showing itself again. The buildingitself is made out of a brick and a masonite and metal roofing. Our firmspecializes in retail architect.ure and this is kind of a hybrid of development that ererve done all over the Twin Cities and with every development we feel $re get a littl-e bit more advanced. A little bitbetter addressing retailers and addressing concerns of the neighbors andcities. Here 9re've gone in $rith two anchor masses on each end of thebuilding. This is a cut large view of the overall site. Anchoring thebuilding on each end with an element. Starting with masonry, working upto a little architectural element that kind of looks Like a little lighthouse almost and then goi.ng in with a metal canopy with an open truss system where the signage would be going on these open trusses so each sign would be acting in here, a metal canopy covering a walkway underneath up against the storefronts and then glass underneath thecanopy. we've got a brick with a rockface concrete block whj.ch Irm sure, if yourre not familiar srith I can describe that. It's a rough looking concrete block that was made to try and look something Iike an old limestone type material. Accenting the building with a stripe up on the top with rockfaced block here and a rockfaced block band at the bottom. Then this element is also made out of the rockfaced block. Here !'re have glass block up on the top on these l j.ttle lighthouses. we wrapped the side of the building around on each side r"rith brick with the rockfaced bands again going back to about a two-third point rrhere we have a mass of block that comes off and travels across the back of the building. What we see here in black is another metal roof set back two-thirds into the building that wraps around this side and erraps back for about 20 feet in the back of the building and then terminates. The purpose of this is because of TH 7 interchange and because of TH 41 Eo the south, there are points that are higher than our buildi.ng is and ere $rere very concerned about screening rooftop units that vrill sit up 4 feet off Ehe roof. We feel that by actually building a roof that looks like it's Part of the building as a screening device rather than putting up little fences or something that you may have seen around other cities, te can integrate the screening system that helps the buiLding and makes it part of the architect.ural expression. we then have a sketch that Irll Ieave you with here. Just sort of a perspective of how this thing might look as $re're looking at one of these elements and how the canopy is wrapping back and going along. You see the open truss underneath trying to make it sort of a fun, festive feeling building with the colors trying to not be overpowering but yet add color and brightness to the area. with that I will leave it open to wherever we go. l{e have a }ot of concerns that Irm sure lre want to address. we have all of our consultants here tonight to address drainage. To address grading. To address utilities. To address the building. Anything that may come up, we have people who can answer them . conrad: Just a quick question on your elevations for sight lines. Hor,, Planning Commission Meeti ng March 16, i,988 - Page I Planning Commission Meeting March 16, L988 - Page 9 much to scale those elevations? are to scale.J. D. MacRae: were Tho se Conrad: Are the economics costwise? of an interior walkway just so restrictive J.D. MacRae: It makes it. very difficult for the retailer to get hisidentity. For an example, if we had an interior warkway her ind say rdehad an entry point here, here and here. This retailer iitting back hereh-as lost his ability to appeal directly to someone driving or walking...we're finding that the narketprace in ltinneaporis just do6sn't arlow forthat- They would just as soon be outside wiih a smarr center where Pgoplg can.drive up and address them directl-y and they can have theiridentity directly off of the street. Conrad: with that I think ere'll, open it up for other comments.heard the staff report. yourve heard the developer ts proposalI think we'll open it up for public comments at -ttris time-. Bob wagner, 251r orchard Lane: r'd like to address some of Barb'scomments, if I may, rather than the developers here initially. She saidthis was the third apprication. r guess rive got bad records. r showitrs the fourth. r show that rre "uie up here in June of r9g3 for a 4.7acre parceJ.. That vras refused and stayed residentiar. we came back inApril of 1985 at which time it r.ra s eveituarly approved in June of 1985 asc-r- we came back in May of 1985 trying to aha;;e that to commercial andthat $ras refused and turned down so ini! woura a6tualry be the fourthtrip back. A second question r had was the previou" piot where you saidit was 32,u96 square feet and r guess r refei you baci to i r,ray, rggomemo in which you sent -to we. th6 property own6rs in which you identifiedthat as 28,009 square feet so there miy be two sets of data there. whatrrm getting to is the question of inte-nsity. r ao have-lh]t t"tt"r here.Another concern, just.in rhe paper$rork sid6 of ii; t;"; "t.it ,.po.t tharyourre looking at tonight, on page 5 states and ii,3 in the quote, thePlanning Commission recommends approvar. r guess rim a rittte confused.r thought we were here seeking comments befoie yo, pu"="J- ihat judgment. conrad: what ere ask staff to do, because werre not real eroquent arl thetime and this is not our permanent job, we ask staff to draft arecommendations for us. we donrt have to accept what they draft. rnthis particurar case staff feels that the requlst is acceitaure in theireyes and if we believe that it's acceptable in ours, we cin adopt theirparticular recomnendation. Many times we_do. Many times we don't. Manytimes we arter it. rtrs not predetermined at this poini i.n-time. rti-; 'something that we have, if you went through our Minites tonight or thedifferent items on the agenda tonight, you'd find the same for every itemon the agenda. Bob wagner: The next phase of this that I listened to of course $rasshould.ere go ahead tonight or not go ahead tonight. The concerns Ias I listened to that is that MnDot hasn't serv6d their pilerwork.$rater drainage issue is in hand to some degree but the pip-erworx is You I ve and had The not Planning Commission Meet i ng March 16, 1988 - Page 10 done and then I go back, and this has come up so many times and I look atthis development group and I think they are far professional to anybodyIrve seen come forth on this corner and I vrould really like to see it all alown on paper before something is issued because I think they have asgood a chance as anybody I've ever seen. Then moving into some of theissues directed by the development group, one of the conversations aboutthe buffering and particularly the buffer west along the homeowners.Part of the presentation and part of the original zoning here is just ashopping center. The 25,909 square feet and the building there, thesecond retail, ttj.e 6,ggq square foot building, is in the plat but itisnrt proposed, as I understand it, to be developed at this time. yet Isee thatrs one of the tremendous buffers we're talking about here if infact this is approved and particularly that's Ziegler's property. I saythat as a buffer from the standpoint of lighting. From the standpoint of sound yet I would hate to see Ehis approved and that buffer not be there 5 years do$rn the road because I think thaE's a key issue there r.rhen we Iook along the back strip. The first plat we Iooked at with trees, whichis basically the one you see here, you see a lot and I believe it was terned 16 foot scotch pines along TH 4I yet I see very limited al,ong the back. I recognize of course you came back later I believe erith anotherplat v'ri th trees in it. I guess I heard the r.rord grennery. I didnr t hear the verbage there about lrhat's the height of those trees. Hoe, many of them are there? I heard it very specificalty on the front side. I $rould like more clarification on the back about what we're really talking about when we talk about greenery mixed with sumacs. I know Mr. Zahn is aware of this, my elevation is a litEle bit higher than the guy coming down TH 41 and we have those trees there to keep the guy on the highway from Iooking at the center. I'm up on the highest sPot probably in the community. I can't drive down the highway and miss it. I have to drive home and look down upon it. In all. fairness, theyrve been out. werve tatked about it. I have not heard it directed tonight hol, that can be handled or if it can be handled. I look out the front of my house today at lrhat was once Bouoty Corporation for any of you that went through that saga. Barb Itm sure remembers it. I certai.nly sent her a long letter on it about thro years ago. The landscaping, while i.t was escrowed was never done. It hasnrt been done even today. I sit here and I look across at that and I hear words here about escrow and vrer re going to have a letter of credit but I'm very concerned because I'r.'e heard this all before and I yet havenrt seen anything done abouE jt. I hate t.o have to think that Irm going to look out the front of my house and now Itm going to look out the back of my house and have it on both sides. I personalLy have an emotiooal issue there. Talkjng just about the developer, I kind of eluded to it. As far as I'm concerned, this is the first time this group has had a developer, a true developer worth talking about a proposal. I have to commend them on a lot of things- The area of concern, I think r{ith the neighbors is why does it all have to be zoned BN? why canrt a section of this remain office as a buffer behind the homes? I think it's addressed a couple of ways. one is with th is building and can that be an office and can it be conditioned to be oothing but an office. But I think the whole strip from TH 7 along behind these people's hones is realLy the emotional issue. I thj.nk about how it's been said, and I can quote council meeting Minutes, there hasnrt been any consolidation orgiving. I think there has. Itrs gone from residential to office and no$, Planning Commission Meet i ng March 15, 1988 - page lt werre sti1l tarking... The issue comes up about Reeds and Gowens and theroads. r guess rrd certainry rike to feel a lot more comfortable in whatthat means before this is passed on. The concern r have is what do thoseroads lead to as far as future zoning requests and they. re both here.l,taybe they could address it a little bit. Eor instance, what happens toTH 41 in front of Reeds once these roads are put in there? rs thit goingto become a request for commercial? That's one of the key issues. Notjust in the tocal neighborhood but in t.he whole rake Minnewashta area.The effects on future zoning. whether it goes south arong TH 4I or westal'ong TH 7. r guess r have a concern about $rhat happens ilong ttt 7 withthe trro blank spots. rn tarking to the devel0per, i- feel comfortable inhis thinking and tarking to me that they're going to try and preservesomething in behind the houses thatrs tess intenle but igain r come backto the fact, the way to rearl,y preserve that, at reast af this point, isthe zoning. Does the whole thing really have to be zoned commercial?The corner of TH 7 and TH 4r, r iuppose if arr the neighbors rdere to baretheir sours, they wourd- say they recognize thatrs the iost intense pieceof land and even then there's a concein of something with a filling'station and the all night type of atmosphere that s6oner oi rater isgoing to be asked for there. one of ny neighbors asked me, where are thedumpsters. r think that the issue thai shouta be addressei atso is howis the trash movement going to be handled there. i ;;y-t;;t with someexperience again, rooking over the hill in front of me'. i"-tt,... fencingaround that? rs it intended the berming is goi.ng to take care of it? r;the trash going to be stored inside? Aie there iomp=t"rs with fences orwhat is the protection on the outside? That's prouibly my key thoughts. Batzli: can you point out, you were tarking about a buffer rot existingthere. Can you point to where you're actually discussing that? Bob wagner: This area. These are the homes of course and this bufferzone, rrve heard it stated 50 feet and rrve heard it stated 59 feet.werre talking, some of the greenery werre rooking at, thii-berm wirl behigh and there will be treei on top of it and th6 buiLding but in initiarstatements, there is no building there thatrs being discuised tonight.The zoning is being discussed but the only thing w5,re tatki.ng about istt,e 25,600 square foot building which aga-in, is not really adEressing theintensity issues... But this is also tfie area rrm talkin; about when rtalk- about hrhy not maintain the zoning other than BN. wh! can not thatremain or? Again, r understand it from the developer,s s'ide. There arethro sides to economics but r think r have to repreient my neighbors andtheir intent is that they have homes that have been there a long time andthe concern is from this point a1r the way down. r think the d6veroperhas done an excellent job in trying to preserve it in a commerciar modewith_ the exception of- addressing what's rearly going to happen up here.rs that building reatty going ro be builr? u| [ous6 is ovli heresomewhere and rrm looking down upon this area. r'd like to have thataddressed by the developer. Any other quesEions? conrad: wouLd you like to respond to any of the comments that Mr. wagnerhad ? Planning Commission Meeti ng March 16, 1988 - Page 12 Roger Zahn: Sure. Werve had several previous discussions and I think they've been good discussions with the neighbors and we're stillIistening to them. They knov, our thoughts I think on the particular issues that they addressed and let me just put our sight plan here to try and talk about them maybe one at a time. I knov, Bob is concerned aboutintensity of our development in terms, there are several different waysto look at that. You can look at that on a flat square footage basis and you certainly have to have a certain amount of square footage in order tojustify economically what werre trying to do here but $re lrant to make it Iook less intense and thatrs the reason for the brick exterior, the metal roofing, the roof over the rooftop units. Thatrs the reason for the Iighting pJ-an being directed out towards the highway and away from the neighbors. Thatrs the reason to make it look less intense, more atuned to the neighborhood. The type of sign band we're using which is not one of those big wide bright bands. Theyr re aI1 going to be individually lighted letters and theyrre great for the retailers but they sure are a lot less intense looki.ng. Thatrs the reason for the orientation of the site. Everything out directed towards the tr"ro highways. From the standpoint of the neighbors, make it feel less intense and certainly I t.hink our resolution of the traffic problem also addresses that intensity issue. Maybe not in terms of square footage but as far as how it's going to feel to the neighbors. I think the traffic, the way we have it set up, it's not going to go into their neighborhood. The commercial stuff is iust really going to be isolated on this site. As far as this building is concerned, that we're calling an accessory retail building, a couple of comments on that. Number one, vre vrould love to build it, $rer re going to build it when we have a tenant. l{e have some tenants interested in it. I can tell you what my feeling is about this building is that it would make a nj.ce office and I'd love to have it be an office if I could get a tenant but Irm not going to build an office building and then have to go seek an office tenant. If we can get a tenant in there that's a nice office use, werd love to have them. It may be good for a daycare center also. It does not have the best visibility on Lhe site for that reason I think thaE's what werre at least looking at. Hov,rever, there are some good retail uses for that also. I think maybe daycare probably classified as a retail use. Thatrs the most liiely tipe of use for it Ehat I can see right now. Itrs Possible that it couta-Ue maybe used as a restaurant building but I think thatrs less Iikely because of erhere it sits on the site. If r,re rrere required to make it office, I think that office zoni.ngs rrould allow us a much taller building for one thing. I think maybe 45 feet is what office zoning allows ind so that night not be necessarily in the neighborrs best interest anyway but I think they do knou, that we would do that but werre not going to just go ahead and buitd it untjl werve got it occupied. Conrad: TaIk about dumpsters. Dumpsters, trash. Roger zahn: Wetve got interior trash storage rooms with overhead doors in the back of the buildings. The dumpster can be located insiile. Conrad: Hor", about looking down from higher elevation? Planning Cornmission Meetj.ng March 16, 1988 - Page 13 Roger Zahn: From Bobrs deck. Where we sat last Saturday except it wasso cold we really couldn't get outside on the deck very much. He haskind of unique problem in the neighborhood in that he does sit up higher. Hers also done a beautiful- job of landscapi.ng hi.s backyard and I think hewould concede it's not much of a problem for him during the summertime because he's got a significant stand of trees but they do loose theirleaves in the wintertime and he looks back out there. J.D. MacRae: Herd be looking at this elevation from the higher point.Again, the rooftop units, the rooftop screening is going to help. I wasup by $rhere your house is and f drove through there. Thatrs a concern.I can understand that concern and I canrt say that anyone can do anythingthatrs going to totally eliminate any chance of him seeing something. Bob Wagner: I guess I coul,d steal some of your trees. J.D. MacRae: We could plant a big pine tree. Roger Zahn: I think actual, $rhen you get right down to it, I think onething we'11 do about that a1so, when you get right down to placing,actually placj.ng the trees, we have a landscape plan thatrs preEtyspecific in detail but I think maybe when we do place those irees, wewill be abre to instruct our people to kind of take a rook up at his deckand do the best job they can as far as that's concerned beca-use it is themost crucial house in the nei.ghborhood. And again, if there's officesthere or if there's our buildiog there or if there were residentialhouses, he might have some of that problem. We did go back, after ourneighborhood meeting Iast week and igain after talkiig to nim, increasedthe berming there and with the plantings that werve got on top of theberms, I think vre have tried to address that problem. I,m not going topromi.se that we'11 make it perfect but r thinl we,re doing the 6est-jotvre can. J.D. MacRae: He had a question aboutlocations. I wonder if our landscapethat in a little more detail. the si zes architect and the types andcould help him go Ehe through craig Johnson: r did want to address, r know Barbara had mentioned themtoo, she gave an actual number and a count on that site but we haveproposed, r believe there is 3-12 foot on the west end of that buirding.This is a revision from this. In regards to the west end and vrestlocation, we are proposing 3-12 foot and then a row of 7-6 foot and thena group of 6 and then again at a high po j.nt here, 12 foot again. Bob wagner: Whj.le yourve got that up there,your cut off point on the north towards TH 7this time? can you address Ehe issue ofwhere you don,t show it at Dacy: The screening is proposed only Bob Wagner: Donrt quit. Keep going. Dacy: There is an elevation change. up to... What happens from there on up? As I recall the elevation is... Planning Commission Meeting March 16, 1988 - Page l-4 Craig Johnson: There is noe, a berm here and now adjacent to the graveloperation, sand and gravel operation. This is the end right now. Thistree right here I'm pointing at is the final tree in the proposed siteplan development. These r,rould aII be then the 12 foot scotch pines. Bob wagner: Let me just throw out the emotional issue here is that thathouse is of course the house that at one time had been proposed to besomething other than residential and thatrs where you siart the stripzoning conversations and r think that would like to be impLemented v-erysoon or at least documented in your controls because thatrs the nextconcern that the entire Iakeside community. Roger Zahn: The berm $riII continue. We just didn,t put it in our ptan because it doesn't address our particular buildings. Those outlots aresomething that we may sell or ere may develop ourselves but itrs not partof our current plan so we didn'E address it but I can tell you that that berm wiII continue at at least the same height and the same type ofpLantings will continue right out to the highway right-of-way. Bob Wagner: You're here to approve the zoningl we hadtonight for 8 acres. . . some discussion Roger Zahn: We'lI covenant that if we sell it, that that has to be doneor wetll do it ourselves. Thatrs real.ly vrhat werre looking to do. To even think about planting something we want to do. We've listened to you and lre know that's inportant to the neighborhood so I just want to... Conrad: The only concern I $rould have is if there wasnr E. a potential to berm because that rrill come into us again. werre sensitive. Werve been here every year that yourve been here and I think in this particular case, I'm very confident. Itrs not on this particular site plan but Ithink in the future when those other Iots are developed, that the sane type of screening would be carried forth by whoever did that development. My concern would be, if it wasnrt possible, then yourd have a real goodpoint. If $re were blocking some but still we had a potential for a gapping lack of buffer, than Ird have the same concern but I see no reason $rhy we couldnrt carry it forth in the future. J.D. MacRae: Ird like to point out that in the ordinance therers a 50foot setback between commerciaL parkiog or buildings and the property line between residential so we have t.o have a 50 foot swath in there andthe landscape ordinance is such that we have to landscape that. Presently there's quite a large hill that was cut out when they did the mining of the gravel on that site. That hiII canrt change because thatrsnot on our property so that hj. II stays exacEly where it is and then it drops down almost a shear cl.if f and that's about. the grade that the $rholesite is at. so there is already, quite a berm. A l0 foot, 15 foot bermbuilt in because it's not on our property. lve canrt change that. Craig Johnson: f.re did fulfill then Ehe requirements of a 6 foot screen adjacent to parking in residential area. on Ehe right-of-way side ofthingsr then we also had planted Lhe appropriate number, more generous number of canopy trees with addj tional berming and shrubery. In this Planning Commission Meeting March 15, 1988 - Page 15 case the rigosa rose and then a juniper wh j.ch wourd also then create andfulfiLl the 50? winter screen that is required adjacent to right-of-rray.So in general, this is the translucent screen. this is the opaque screenand then werve also created the sense of arrival with that canopy andvery fragrant blooming trees. Conrad: Let me jump into the public hearing and I rrant to deal with asmany issues that were brought up as $re can and not Let them hang or maybenot get to them. I think one concern that Mr. Wagner brought up was theproperty to the sout,h. Barbara, based on the road configurations and thereLocation of 64th and the new entrance to this property] does thatdictate how we arlow the property to the south to deverop? what have weeliminated for it's potentiaL use or have r4re still left lt open tovarious types of zon i ng? Dacy: Again, the action for the zoning was on this site here. Just touse this concept as an example, the Reed and/or the Gorren property orboth_will have to go through the same type of process for ptalting tosubdivide and to create a road right-of-way. bepending on the streetpattern that exists, r know to be very frank, Mr. Reed has tarked abouttownhouses in thi.s area as werl as single family homes. He has mentionedthe possibility of commerciar zoning directly adjacent to TH 41. But theCommission srould go through the same type of pro-ess $rhen thisapprication would come in to determine-Lhe same type of issues that aregoing through now. Is there adequate traffic sepiiation? Is thereadequate screening? Are the lights impacting the neighborhood and alrthose various list of issues. I can not stand here and say that therewill not be anymore zoning apprications in this area. r din't think thatthat srould be fair but r think the neighborhood and the conmission needsto be a$rare that when this property comes through, that that courd be anissue. As to this application, vJhat we're sayiig j,s that they can'tstart build ing here until the City has resolution on the streetconnection issue. From staff's standpoint, that's the major issue is toget traffic connection back to TH 4L. separation distance bet$reen access, between THsite that we're looking aE and the potentialthe new construction, wiJ.l that southerLy piecedirect access off of TH 4I? Conrad: Based on the between access to thevacation of 64th andland be able to have Ben Gowen: Itm on the south can vacate my dr i veway? 7, of property there. Are you saying that MnDot Dacy: Direct access from this area or this area onto TH 41 probablyvrould not be allolred by MnDot. They would probably require them toaccess into the nev, street. MnDotrs intention was to create separationbetween a new intersection here and a full intersection here. Dacy: under any type of proposal in this area that the street going intoTH 4I, MnDot has the povrer to Look at your existing driveway anddetermine whether or not they shourd be rearigned into the -new street. rknow you have a separate driveway for your greenhouse and your ftoweroperaEion. whether or not they wourd ask you Eo remove thlt or whether Planning Commission Meeting March 16, 1988 - Page 16 or not you could keep your existing house drive$ray and so on, that wouLd be up to MnDot. I think you should be prepared for the possibility thatthey may ask you to realign your driveway. Ben Gowen: I think I have prepared for that because I submitted a fiveitem agreement that would predicate on erhere that 54th Avenue goes andwhat effect that has on me. Now if it does that effect and in effect ourcost, of course Irm not for it then. If it doesn't have the effect that my plat has honored, then Ietrs go r{rith it but otherwise no. Irve gotprior commercial rights there for quite a while yet and I don't think you have the right to take it away from me. Dacy: Yes, we did receive your letter and the Planning Commission has ita1so. Again, those types of access issues have to be dealt in moredetail when this area comes in for development. Mr. cowen states that heis not willing to selI or go along with the proposed street connection,thatrs going to have to be an issue thaErs going to have to be addressed. cary Reed: I'm probably impacted the most by this project seeing tbeyplan to reroute the street one r^,a y or the other itrs going to impact me. I guess Irm not sure lrhen theyr re going Eo require the development or therelocation of WesE 54th Street. If this project is to take off this summer, can they at that time do the street at the same time? Mr. Zahn and I have talked but we havenrt come do$rn to any kind of agreement. yet. wefve operated the business up there for over 2g years on the drive-in operation. I guess I would like to see the front end be some sort of commercial too. I own a house up there and the valuaEion is residential is not...I proposed to Mr. zahn to buy it from me buy he hasnrt come back to me yet with any comments. I guess there are a lot of unanswered questions at this point. There are a lot of decisions to be made. Theproperty is for sale. Hopefully we will work something out. Conrad: I don't know if I somethi ng? can answer your comment. Barbara, do you have Dacy: I rrant to clarify that our cond j.tion, if it were to be approved would be that construction canrt start on this Piece until we get a plat approved and a letter of credlt submitted assuring the city that a road through here in rrhatever fashion would be built. In essence' your property is driving whether or not this center gets built. Gary Reed: But say the plat approvaL is made and then the project is not completed. Would that be a possibility? Dacy: Right, that's erhy staffrs condj tion is that we have a developmentcontract ind a letter of credit meaning we have, the City has t.he financial security, the money so if something happens. The developer or whoever bought your property would fall out of the process, the city could then go in and construct the improvement. Larry Brown: If I can add to that. MnDot will not support the proposed j ntersection to the site without having the right-of-way vacated and the entrance moved south. In addition however, I would like to comment to one of Mr. Wagner,s previous concerns regarding MnDot getting thepaperwork done. MnDot had originalry reviewed the site and was fine withit and r asked them at a rater date io go back and conduct a trafficstudy out there to verify that my reporf., that the report that r receivedregarding the traffic issues was stiII current. That r^ra s a laterrequest. MnDot has confirmed. Theyrve done the traffic study. Theysupport the site "nd.l.wilr be happy to meet $rith any individ-uat or lroupto verify the credibility of that. Planning Commission Meet i ng March 16, 1988 - page 17 Gary Reed: Irm not too familiar with Lakethrough to TH 41? Dacy: Further to the south. That I s down in here. Lucy Road. Isn,t that coming ThaE is a planned long term improvement. Gary Reed: Now thatts going to be in the future. rn the next r0that will _ probably aII be developed so the traffic patterns rrillquite a bit in that area. with ih" influ" of traffic off of LakeRoad, the traffic patterns as werve studied ttrem ioJay-...-l rotdifferent than in 5 years. Larry Brown: That issue wirl be addressed if Lake Lucy Road goes throughas development occurs in that area. Ho$rever, l1nDot has evaruated the "l!u o?- not only the present proposal but fuiure p.opo"uir- ior what thesite will handle at maximum cipa"rty and again, r,ir..'i""v-noad wilr beaddressed at that time-..rf th" traific pattern existing does not supportLake Lucy Road, then we'11 alter o, ..^.3y the situaiioi to-iux" r,u.yRoad. sandy Lehmet, 645L oriore Avenue: r have one question to address to Mr.l'lacRae and that is you talk about the sright bdrming. wi,at-is sright --- berming? How tarl are you tarking on the west side of this development?You used the term slight. I want to know what slight means. J.D. MacRae: On the left side, Section A here, Section A goes up intothe buirding. what erer re showing is werre 3 feet up on th6 building andthen we're about a foot up above Ehat. so werr". i foot high berm atthat area off of the parki.ng rot erevaEion. Here to t.." i" 3 feet. Acar coming up in here so you're screening from doern at a house, up yoursight line wourd not see your house. Ev6n with no ".j"tutlJn on it andthen werll have the 6 foot and L2 foot vegetation on iop oi-tt,ut u"...The idea rras to try and screen cars so yori'." not rooiing at cars andthat you then areDrt just seeing one buirding on the sit6,-so you,re notseeing a very intense deveropment from that irea but trying to rimit $/hatyou.rre seeing and then with the height of the trees, ur6a[ing ttut ,rp-i"-much as we can years i ncrease Lucy Sandy Lehmer: ...I too would Iike to see moreform in that southlrest corner. On the corneragain, the slight berming of 3 feet is really two storyif you can Right about here,this line woutd be screen r ngof 64th andnot... J.D. MacRae: This would depict thethis line right here, I donrE know house. see it, of the naturalOriole so Planning Commission Meet i ng March 15, 1988 - Page 18 about an eyeball height. That, r.rhile standing on your deck. Irm at thetop of the berm here and Irm at your eye height here, that's how muchbuilding you'II see without trees. Then with trees on Eop of that, foryour house we tried to address it as absolutely as much as possible. Eorthe houses further west who go back up the hill, thatrs a tougher issue. Sandy Lehmer: lly second question is, wiLl these changes in the road, v'rho pays for those? Who pays for the assessments on that because I think Barb said that in talking about the benefit. We have roads there. Werrenot asking for the road to change so who pays for the road changes? tarry Brown: Under this option, and I think one of the applicantrs consultants has brought this up, under this option the benefit erould be the properties that they are interested in there so they would be bearing the brunt. If on the other hand Option 2 were pursued, then adjoiningproperties would be assessed accordingly because they do have a benefit to an improved urban roadway section. You can see that the apPlicant would bear the majority of this cost. Typically they are assessed on front footage. Emmings: Not the applicant. That's Reedrs property. Larry Broern: But it's contingent upon them goj.ng into agreement with Reed or doing something with Reed having vacated his property. This property would bear, any of the adjoining properties who receive the benefit from the road would be assessed and I'LI leave it at that. Roger zahn: I might address that aIso. Emmings: Ird like a blunter answer. I think they would too. Whors going to pay for the road? Roger Zahn: That is what I was going to address - we have talked to Reeds and Gowens extensively. Gary is absolutel-y right. We haven't come to an absoLute ansrder re sat j.sif ied $rith the Planning commissionrs staffrs resoLution of this in tha! we can't go forward until we resolve that issue and we know that we canrt go forward until rre resolve that issue. we are looking aE ways of developing in ourselves or contacting other developers and maybe vrer re going to work with them. Maybe erer lI put together some kind of a joint venture deal but until we have it, we ieally- shouldnr t make a commitment one $ray or the other. We know that we know lheir cooperation or this Project isn't going to go forward and we're going to get it one way or the other. We just are trying to find a way and ere sat down and worked some numbers back and forth a little bit, wei re trying to find a $ray to make it economically viable for us to do it essentially. We havenrt gotten there yet but werll get there. conrad: I dontt really care which developer, how they split that up bet$reen this particular subdivision. From the neighborhood standpoint, do you see them, are they getting a benefit in our minds at this point in time and would they be potentially a part of the assessments for that road improvement? Dacy: Again, it depends on the option. ...there are vacanE properti.esadjacent to that now. Mr. and I'trs. ziegrer own a number of lots- in thatarea and they have expressed to me severar times that, obviousry they areconcerned about potential future costs. That is just one option. tfreother option proposes the road through the Reed pioperty ani as Larrysaid earlier, it's obvious that the property that ulnerits the most isthe Reed property and whoever wourd deverop that. we just want to makeclear to the neighborhood, it depends on the option thit,s proposed andthe term benefit is coming from the state statutes for road construction. Headla: Steve, did you get your blunt answer? Dacy: It depends on how that property develops. Planning Commission Meeti ng March 15, 1988 - Page 19 Dacy: Could who wind up getting? Emmings: Mr. Gogren. Emmings: I guess erhat Itd like to kno$r, Ietrsnegotiate any arrangement, Ietrs say with Mr.doesn't want any part of this. Could he windcosts under any scenario from that road? say that he canrt Gor.ren. Mr. Gowen simply up getting stuck with any Dacy: If he does notcreate Iots off of it Emmings: Letts say ifthis scenar io? benefit fron or get access he did this. that road, meaning that he can,tto that road. Would he pay part of the cost under Dacy: He courd. That's- a matter of negotiation between the deveroperand Mr. Gowen too- If the developer comes in and buys the property andso on, then they can create the lots to recover the road costs. Roger zahn: If I could just maybe inject a little bit here. we,retrying to deal with a coupre of hypoti:eticar situation".--w. rearry kno$,that we have to resorve this issue. werve known about it ior quite sometime- wetve taken a. number of steps. we have ou. .ontio"lJr giving ussone very specific bids which we hope to get next week. we know thatvrerve got to lrork with_ these peopre. Frankly, one thi.ng trrat r do kno!,is the_ configuration- thatrs up on une screen right now i.-u-rittr" titnot quite to Reed's liking. They wourd like th5 north lo soutr, road justcloser to TH 41 and ve told them that where that road go"" i. u."i"liivtheir call because it goes through their property and hre want to see toit that they have the input as to where that roai goes. io tnat isn'teven specifically located so while d like to giv6 you a bLunt answerrrlr pay for it, or I'd. like to give you a blunf ansier r won.t p"y io.1tr we're just not at that stage yet but I think tte efu.,.,ingcommission's staff reco[unendation is werre not going forward untir weresolve the issue- rtrs going to be something like-this anJ r thi.nk itrsgoing to be something that certainly we participate in and hopefurry wecan make it fair to everybody so that it,s not going to be a cost tothose peopre. That's foremost in our mind goin{ toiwara-wilh $rhat werregoing to do with that road. Planning Commission Meeti ng March 16, 1988 - Page 2g Emmings: I guess the only thing that would concern me is that you need to have that road or some resolution of that matter to have what you want on that corner. It would seem in some way it's not hard to see how it would be unfair even if you and Mr. Reed came to an agreement of what should happen, if Mr. Gowen didnrt want to have anything to do with it and does wind up bearing some of the cost, essentially having it shoved down his throat when he doesn'E want it at aII. That's the only thingthat would concern me. Roger zahn: Yes, it's certainly a legitimate concern and itrs no! something that i{e want to do to Govrens. Betty Lang, 2531 Forest Avenue: I guess Irm a little concerned because it wasnit too long ago when I was in here and they said that Forest Avenue was going to be a.nice little gravel, road down to the neighborhoodpark. Now could you teII me again about Forest Avenue. Dacy: Yourre absolutely right. The Park and Rec Commission did an access study for this area to Herman Field Park a couple months ago and they did end up vrith a gravel road into the park. ...therers a paPeE right-of-way for Forest Avenue and there are landlocked lots back there. Itm sure a couple of you in the audience own some of those lots. one of the options...when they reviewed this plan came back and said, if 64th is going to be realigned in this fashion, that they lrould want to see a driveway come out to the road from that point. Rather than going back through the neighborhood and buj.ld a road, they can get a direct access over into here to thi.s area, then they would reconsider their original dec i si on. Betty Lang: So oPen r ng considered to make it a Dacy: Depending on the of-way, they could come Forest Avenue as a drive? part of the 64th is not being Betty Lang: Therers only two of us and we already said we don't want it. property owners abutting the Forest Avenue right in and request that the street be connected here. Deaths, whatever. We still a right-of-way in here. creaEed in cou Ld Dacy: ...unfortunatLey People come and go- have a right-of-vray ouE there and if we have Ben Gowen! No You donrt. You finger is now maam. don't have a right-of-way where your Dacy: Yes, thatrs correct. Itm saying if the right-of-way is this area through the future development of those sites, there be... These trdo areas are zoned RSF, single family. Dacy: Mr. corunerc i aII have upas R-l and Gowent s use is considered a non-conforming use. He's had his property for a number of years. At least the zoning maps that in tfre office sj.nce 1972 show that your parcel has been zoned now itrs been zoned as RSF even though it's commercial. Ben Gowen: You r re mistaken. Planning Comm j. ss i on Meeting March 16, 1988 - Page 21 Robert sommer, 6239 chaska Road: The subject matter has been dealingwith this area aII night long and I have a very deep concern, which iexpressed the last time, about the traffic pattern comi.ng this way. Ithas not been even discussed tonight. rrve been able to 6stimate thataLmost aLr the traffic on this road comes this way. very rittre of itqgg. t!g! way and the simple reason is that it's i cut-o?f to take TH 41.This wirr -cerEainry increise the traffic flow. r wish somebody wouldsometine do a study and find out exactly how much traffic aoes in asouthwesterry direction as opposed to a northeasterly dire6tion but theycan easily take the TH 7 route coming back. rt,s arirost a racetrack. rdrive 30 mph on the road and there aie peopre who are tairgiting me at 10feet behind and passing me and r'm deepiy concerned about what willhappen with the flow in this direction with that shoppj.ng center. Dacy: Let me make sure that I understand your conment. Areconcerned that, the center is located here Mr. Sommers, that!,rould tend to go along Chaska Road and back up again? Robert Sommer: yes. particularly if therethe area.erere a fast food facility in Robert Sommer: I erould like to rrha t I s go i ng to happen . you traffic trhy they would do it because it would be traffic movement back and that see that addressed. I vranE to know Dacy: A fast food facility is not permitted at this time but r $rour.dthink by looking at the traffic pat-tern, it would upp..i ttrat goingthrough a controrred intersection may be faster for-itre motori;ts [o getinto the site versus going south and doubling back up inio itrat. Robert Sommer: That r s exactlyfaster coming back to Galpin. Dacy: Larry, I donrt know if MnDot is looking at thatbut my interpretation woutd be, that would be doublingwould be longer than going through the intersection. Robert sommer: rt wourd be faster because you wourd have to wait for theleft- hand turn,signar. I've vratched the triffic flow and if you're goingto Chaska or if you're going anyway over this hray, rather than come uphere and wait for that rong wait ror a r.eft hand'iurn "i;.;1 ro come,they prefer to use downtown Excersior. They'11 cross ali the way acrossTH 7 and come down this vray on their way to chaska. MnDot shourdobviousry determine ho$, much traffjc goes this way and now mucrr trafficgoes that way and r think they probably would find Ehat 75g of thetraffic goes this way. Dacy: Another issue to consider that r,re had looked at, if Ehis arearedeverops then another opportunity courd be made to rearign chaska Roadright across from the commerci.ar center. Thatrs a future 6ptlon ttratdepends on the development of this property. felt that it,s asaid doubl i ng Larry Brovrn: In my conversations with MnDot, they'vesimple matter. The movements through here and as Barb Planning Commission Meeting March 16, 1988 - Page 22 back, just are lane. I donrtposition. not as convenient as coming through this left hand what other evidence I can give tonight but that is turn MnDot I s Conrad: ftrs hard to relate Eo your comments because I drive that to theJr. High and I donrt see it. Irm not there everyday like you are so it'stough to assess the traffic. I hear your comments. I don't see a wholelot of traffic nyself when Irm there and itrs not convenient. I r.ronttdrive there unless I'm going to the Jr. High and thatrs not all thatfrequent. I hear what you're saying but I kind of think that !,tnDot,there are faster ways to get to places. I look for what potentialincrease in traffic we could have there and Itm sure the center will draw some people. Irm sure the developer would hope that it would but I'm notsure how significant that increase is. I guess more interesting to me is vre kno!, people on that side who would like to develop that commercially. The southeast quadrant there have expressed an interest now and again toput a conmercial uses there. I think obviously at that point in time, we really do have some traffic issues to contend with. I don't knor.r. Irmnot sure how to deal with your concern right no}, to be very blunt. I donrt see the traffic myself. I donrt see it as a problem myself but as a Iayman, that doesnrt satisfy you and I understand that. Bob Scheferli: We o$rn property on Forest Avenue. As far as I can see, actually this thing should aII be put on hold until these things are resol-ved period. Yourve got a drainage problem. You have the access road between the Gowen and Reed properties. Until those tvro things are solved, I canrt see where you can go ahead. Conrad: Irm sure the developer would tike to know if we'11 consider rezoning because he'd prefer not to spend all his time negotiating with all these different individuals if werre not interested and we don't think he's got a good suitable use for tha! property. so Iim not sure, those are t$/o good Points... Bob wagner: ...if you're as frustrated as I am. Thatrs the issue we come here to talk about. Who is real}y going to pay for the road? If the road goes up through Reeds, maybe that's got a little less impact because the developer is developing the thing but to me that is the issue. Iiletre talking about one of the key issues that makes it and thatrs the traffic area intensity. Then I hear us talking about up there by Beeds and Goerens up front and l4nDot comes back and tells them they are going to have to run that traffic, which may be commercial, back into that road, thatrs the same road vrerre talking about developing back to the residential community. I think those are big issues- I don't think you can address the zoning until you address what that road is 9oin9 to do. J.D. MacRae: one of the reasons we came tonight with two options $ras toget exactly the impact. That it's impacting the neighborhood. How it impacts the City. where t.hose concerns are so we can get direction because we really didn't know vrhat would be wanted. Itrs also possible, and we donrt kno$, until we ask, that ziegleris would say, oh we'd love a road there. Werd love to sell our land. We donrt know that. We donrt Planning Commission Meeting March 16, 1988 - Page 23 know how people !,rant what so we I rethat yourd like it over there. looking for your input. Irm hearing Bob Wagner: Yourre misreading my corunents. Irm not at all trying to benegative to- you guys. Like I said earlier, I think you guys areprofessionars. you'!re finally dearing with some peopte wn6 r tnink ar"genuinery concerned but r think the iisues here aie Lo some extent beyondthe corner they want to develop or that part of that corner, that r thinkhave got to be addressed. r come back to my opening comm".,i, what's therush? we in the conmunity have seen it go ?roi R-I to office, tarkingcommerciar again. rf you've got us reaning that $ray because you have aprofessional ..., donr t arouse the community. Roger zahn: r think the concerns that the neighbors are expressing onthis issue certainry. are varid and they certaiiry are sometiring thitwerre interested in but r just $rant to go back aid say that r berieveiE's all protected by the tormat of the proposed reso-rution saying thatwerre not going forward untir this issue is resorved. so i think we,rlresorve it and r think we'rl resorve it in a reasonably roi ttre cornerand if we donrt, werre not going anyplace. r think yo-o h.rr. contror ofthat now under the langauge_that you-rre going to use'ror your resorutionoI }ha! staff is.proposing for your resoiuti5n. w"'t" "uiy-satisfiedv',ith Ehat. r think that your neighbors are protected. Maybe rre wirr puta couple of trees in your yard. Bob Wagner: But what I hear is that this road, that effects usresidentially could become conmercial and thabis not going io,zoning passes on you, that's a separate issue than *i,it r,Jpf"n"road. At the same time... if thi.s down the (There r^ra s a tape defect at recorded . ) this point and part of the discussion was not Dacy: ...it will only alrow one full intersection from the commercialsite at this location but they can not accept another furl intersectionof 64th street and chaska Road so close Eo -this intersection. They wouldaccept what they wourd carl, r think it's a ,T,' intersection becau-sethere is no cross through traffic. rf they propose a furr intersectionhere and concentrate the -traffic aoing to ig 4l so itrs not going backthrough your neighborhood, G4th s[reel has to be moved to ine south. Nowyour question, what happens in the future is yes, there wirr be anotherseries.of public hearings. They have to file a plat appLicat j.on. tfthe59. is a rezoning, they would have to file thaE. ev;iyOoay would benotified again and the pranning commission and the council wourd have tomake the final decision. what r would suggest to the commission, if-y;;would so desire tonight, is your receiving-a number of comments on whicharignment and r think it's been pretty clear that the oriole Avenueoption is not favored. The commission, through their considerationtonight, can give direction to the various property owners who are in theroom that this wourd be a road arignment that the -ity ana commissionerould recommend and would like to see. Further on th6 land use andzoning issues, you do have the toor to use, if the commission ""nt= toinitiate this, and that'is the conprehensive pran. Thi; ;il; is atreaay Plann j. ng Commission Meeting March 16, 1988 - Page 24 wanda Kamrath: I live on Orchard Lane. The entrance into the shopping center from TH 4I, is there some particular reason that t.hat must enter at that point and not closer to the intersection? Since our road is already there, is there some reason thy that canrt be placed? Dacy: Yes, MnDot again has said that we have to maintain a distance of at least 606 feex from the ?H ? and TH 4I intersection so the distance from here to here, r think is approximately 535. wanda Kamrath: Also, the first house off of oriole, is there any proposal, has anybody ever talked about rezoning any of that commercial and continuing on because tbere is an office building on TH 7 there and I do have conceins because I Iive on orchard Lane and the further you crawl towards my property, the more traffic therets going to be- Is there any discussion? Has there been towards more zoning of that as commercial? Roger Zahn: I should Probablyperiod. We have no intentionir. ansv,rer that . we do not want that proper ty of buying it. No intention of developing tha t spot, Wanda Kamrath: Not you but yourre not Ehe only developer. Dacy: The first appJ.ication from Todd ThomPson looked at closing oriole avenue off at this location and taking oriole and orchard back through here into the development which would have meant the removal of the house thatrs there. The 1986 application did not Propose to rezone that area at all. I think from the city staff's standPoint, the rezoning of this lot would not be appropriate. Again, the intent is trying to isolate and concentrate the commercial area into the intersection and not vrest. Conrad: We would end uP with the same tyPe of transition problems 9re're trying to solve right now. If that turned into a commercial we vrould have a real difficult time protecting that spot from the neighborhood so I donrt see Ehat as a PotenE iaL. Emmings moved, Batzli seconded to close the public hearing. All voted in favor and motion carried. The public hearinq was closed. Headla: what Mr. Sommer had said. As an old Excelsiorite I agree with him. Not that Irve ever really gone on the old TH 41 but Eherers going to be traffic there. I don't care lrhat MnDot says, they arenrt out there. They don't live there and vrhen yourre part of that community, you kind of like to take that road. I had some questions during the day designated as commercial. You can amend your Comprehensive Plan to include new language one way or the other to say that land uses in this area should be limited to this spot, this spot, this spot because of these reasons, I, 21 31 41 5. The Commission has tools Eo initiate a land use and zoning study to resolve some of these issues but again, what -happens here has got to go through another hearing process, Commission and Council. If 6{th street is realigned this way, the Dudychars would not be assessed if they had moved on. concerning righting, sewer and water and Larry answered those quitesatisfactory. I think the applicants have been very cooperati;e. Ithink you did an excerlent job lrith the road config-uratiin, tarking tothe people. This whole thing on talking about changing from OI to BN,r- havenrt any rationare why we should change. r do;'t think we shouldchange unless it's a win-win situation. r think the applicant shouldwin. r think the city of chanhassen shourd win. r thi;k the neighborsshourd win. r haven't heard any of that. r hear winning on one side butthe ot.her side is rosing and r ahink werve got a rot of 6on"erns. Forthat reason, unless some of you people can 6ome up with something ,rny-r"should change, $rhy it's going to be a win-win, I,ir going io-vote no.Hovrever, in case you do recommend that it passes, f;ve iot a couple ofcomments. one is on the randscaping. The randscaping i considei betweensterile and ho-hum, not due to your faurt. r thini tf,e-way-'we're going,the way our ordinance is, r thi;k we rimit the people and irake u u6ry -' sterire situation. Three nires to the south wei ve' !ot -i-^"j o,institution, a research. center. They develop I don;t know 6ow manyhundreds of pr-ants. unique prants t; this aiea rike roi"ytiii". vre havenever done anything to promote any of the Arboreturn's pro6ucts. r rearrythink. something like this, if we could work with the Aiboretum, our staffand the developer and r don't think it should ue any .oi.-*on"y, cost thedeveloper any more money. I think we ought to p.or6t.-ihe products ofthe Arboretum. r look at where we have icotch pine and wrrai aia you sayyou had 15 or somethi.ng. out of about r0-r2 yeirs, you can plan on thosescotch pines turning brown once or twice. nol neces-sarily alr at once.r see alr those scotch pines and a few of them turning br6wn, that wilrjust break me.up and t don't think we ought to go that way. Here again,r'm not. knocking the applicants. r ini"x rhey,ie ;;;; ;;;; cooperariveand I think youtve caught a Iittle bit of the spirit. Coiig throughhere, I didn't see anything about r.rhat the Fire Department iad to say.Dg. they have adequate equipment hrith what they havi now to iigi,i uny, - situation in that bui Id ing? Dacy: Right. There was a memo from Steve Madden, the Fire Inspector. Headla: But he didn't address that point. Dacy: As to the type of fire equipment? HeadLa: Yes. If wein that bui lding.have adequate equipment right now to fight a pr obl en HeadIa: Larry, you anything on that? were going to address the water pressure. Oid he say Larry Brown: yes, in my report there were concerns frombrought up that stated they were worried about the waterout there now. At present, the watermain, the existing the nei ghborhoodpressure tha t I s10 inch waterma i n Dacy: Yes, we do have adequate equipment at this time. The building is20 feet tarr. rt can be attacked with our existing equipment. Thebuirding will be furly sprinkrered and Ehey have met ihe- watermain andhydrant Iocation requirements. Planning Comm i ss j. on Meeting March 16, 1988 - page 25 Planning Comnission Meet i ng March 15, 1988 - Page 26 along 54th Street has a pressure reducer on it. That is to hear problems down on Minnevrashta vrhere the pressure, although at this particular siteis approximately 5g psi, due to the elevation change of Minnewashta itrsup around 8g-85 psi. The proposal in front of us would not affect the vrater pressure whatsoever. It will be impacted, if they had to come inhere with a 48 inch watermain, it would have affected the volume fLow ofthe water and still would not have affected the pressure flow. If for some unforeseen reason the pressure did drop, we could adjust thatpressure by a pressure reducer thatrs existing out there. But again, thecomplaints that are out there now regarding the 50 pounds of pressure are due to addressing the problems down on Minnewashta Parkway. This will not have an effect on it. Conrad: Just to ask you Dave, your rationale for not rezoning. If you read the history, which is quite extensive, a couple of years, I think the neighbors have always been concerned with intensity of use. Itrs a conmercial Iocation. It's a commercial intersection. Theoretically. vle have two highways. Yourve got good access. Your concern for not rezoning right now is, do you have any reasons? Your jusE saying letrs not rezone to rezone but do you see a reason that thj.s particular use is too high in intensity for that site? Again, the neighborhood business distriit is one of the lo$rer use zones $rerve got. ftrs main traffic lies in this particular size site, it's hard for me to tell but it may not be quite as low as an office center but still it's on tshe lower side. Irm just sort of struggling to understand your concern with the area. Headla: A couple of thiogs. Itrs one of these things where if you dontt get the right ansvrer you keep coming back and keep coming back and maybe over a period of years yourre going to score because you're going to get the right combinaEion, the right chemistry and they'11 approve it. Thatts what has happened here. Yourve gradually migrated. As I understand, the last situat ion it was agreed that we'II 9o office institutional at that corner period. That seemed to be a somewhat soft agreement but that was the agreement. Now we're deviating from that- Someone is coming r.rith a proposal to go for... I see one party winning, other parties losing. I also see thaE jf this goes in, ere've got a nice Iine right now, that road, TH 7, if we allow this, pretty soon shorewood Shopping center is going to jump over. People are going to come in, theyr 11 make proposals to us. They want to put in whatever and you say no. Come back in a couple years, you get the right combination, it's going to be anoEher Shorer^rood shopping center and itrs just going to migrate. Conrad: what do you want to use that intersection for? agreed to before, that offjce institutional wasHeadla: I think what You an excel lent choice. tho ug h there's not a demand for it?Conrad: Even Headla: I dontt know if there is or not. Planning Commission Meeti ng March 16, 1988 - Paqe 27 Dacy: From the commercial site? Batzli: yes. Batzri: Prior to the meeting tonight r think r agreed with Dave but whatrrve heard tonight, at least from the public has been that the deveroperhas done a pretty good job and has donE probabty the best job of theproposals. r wasnrt around for the othei propo3ars so I d6n,t know hor./to react to that other than they are probabLy the best source to terl methat and they realry told me that so i'm kina of, at this point, reaninttowards approval of the rezoning. I did have a couple of luestionsthough. one of them $ras our favorite topic about two .nt.u-n.." and exitsto all.of our neighborhoods and shopping centers and such and r only seeone exit. Dacy: and an Yes. exit That I s and the The only correct. right-in access onto TH 4I from TH 7 is just would be an entrancethat. Batzli: Why not two exits? Dacy: MnDot would not alrow a furl movement intersection on TH 7. Theprevious proposars too, kind of $rent through r donrt know how manydifferent types of traffic scenarios. rn the first application ti:eylooked at keeping o.i9l: Avenue open but. shifting it hl"n-"na then iravinganother access onto 64th Street. The neighborno6d concein-was tnattraffic from the development could easily backtrack through theneighborhood. The second time through, MnDot said we will all"ow aright-in only and a right-in onry foi -in at ana the second iime throughthey had a full access onto 64th street. stirr tn" sure iyp'e of concernfor backtracking through the. neighborhood. As a matter of iact, I thinkone of the homeowners suggestea iuy not a furr intersection onto TH 4r.At that time, MnDot had not indicaied to us their wirringness to rook atthis type of a "Ttr intersection and real.ign G4th street.- io now w",u"progressed down the rine more and we can lrovide adequate u"""r, to thisarea. provide access in for eastbound trirric ana =diii-get peopr.e inand out while maintaining separate from the neighborhood. Batzli: ...it goes to our requirements in a rot of other situations withindeed what we considered an emergency exit shourd that one be br.ocked. Dacy: fn an emergency situati.on, if this erereDepartment is.going to mow over anything thatgoing out a right-in only and over the iredian,There is access in and out. Batzli: That's find in the suruner. I guess Itm wondering to myself,werve required this, werve looked at it. extensivery in a iot of otherplans and here werre kind.of saying you can drive 6ver the medians anddrive over the curb, why is this difierent? blocked, the Fi rethey can. If it meanstheyrre going to do it. if something is blocked.going to try and knock Dacy: Your question was for emergency accesswhat I'm saying is that the Fire Depaitment isdown anything they have to to get out. Planning Commission Meeting March 16, 1988 - Page 28 Batzli: Back it off one. wet re not arenrt we requiring two exits? in an emergency situation. why Dacy: In this situation...traffic. If we were to require an additionalfull movement access, we could be promoting traffic back through the neighborhood. Larry Brown: In addition, if I may point 411 as I read it, is the distance countingthat seems to be adequate. out, the main entrance onto TH the median, is 60 feet. To me Batzli: IrlI defer to your judgments but in the future, I guess if we don't require it on all developments, I guess I have a hard time seeing why it's so important to some and not this one. I havenrt heard the magical vrords yet that tells me, this one we dontt need it because. If itts because we've got a 50 foot exj.t and entrance, then I guess Ird like to make a mental note of that but if $re get that in the future, we donrt need a second entrance or exit. Conrad: There is. I guess I'm struggling with that. There a day in and day out basis, you're right there isnrt a second there is a second exit/enErance for emergency vehicLes. They breaking the lar,, when they came in but I think that would be and I think thatrs typically what werre concerned about is to the fire truck to get in there when one entrance is blocked. we do in the neighborhoods. Here, there is a second entrance there so I guess Itm noE having a tough Eime rationalizing it maybe the standard should be Iooked at. are tvro. Onexit but rrou Id be overlooked al lowing Thatr s what to get in although Batzli: I donrE think werre enforcing our issue personally but IiII move on. Is the plan or is it not? rrm totally confused on Dacy: No, it is not for consideration for standard very well on that accessory bui. Iding in the site our the accessory bui Id i ng. commission tonight. Batzl i : Dacy : BatzIi: Next question, are ive within 260 fee:. of a wetland? tlo . Where is our settling pond or whatever, going to be going? Dacy: ?he lray that it was originally considered, there is a wetland area - and the drainigeway of the wetland is in Herman Eield Park. The oPtions that we have been looking at is ponding in and around the wetland over here or the developer would be doing ponding on site or if the development occurs in and around the Reed property also. Batzli: AE what scale are we looking at nor,? Dacy: here? Thi.s has been reduced. You wanE to know the distance from here to Bat z 1i : Approx imate. Planning Commission Meeti ng March 16, 1988 - Page 29 Roger zahn: Irve estimated it at 1,400 feet. Batzli. L,5Og feet maximum? IsI heard something about expandingturn lane. Is Ehat true? the plan for going north on TH 41,the shoulder and not making a left hand turn? l-ef E hand turn Iane or an expan<led and a by-pass Dacy: And not makeing that left hand Batzli: Did I hear that there eras ashoulder? Dacy: I understood that there was an expanded shoulderIane so you could have a left turn there. Larry Bro$rn: That lras one of MnDotrs requirements Batzli: So itrs not a left hand turn lane, it's aright? Larry Brovrn: There lane on the r i ght. Batzli: I road goes $rhere the Dacy: night, and thebuilding permits arehave a plat approved,credit submitted. Batzli: I guess j.n the some amendments to that event h,e go ahead with that, I,d likeparagraph but I'm done for now. as far as approval . by-pass lane to the that other I didn I t see go through thatso many var iablesis the site and notsite. Obviously thethe south but we to propose will be a designated lane to turn left and a by_pass guess my last concern or problem is really whereand who has to pay for it. I r.rould recommend thatstaff had really addressed that issue. Batzli: But the ranguage currently proposed by staff for us to act ondoesnrt handle that issue specifically. Larry Brovrn: I believe the approval contj ngent upon it.is ofDacy: Right. One of the conditions approval is that. . . ErL'nings: Approval of vrhat Barbara? Approval of the preliminary plat? site plan is being considered aIso. That beforeissued and the City vacates 54th Street, that $redevelopment contract executed and a leEter of Ellson: I read an avrful Iot and like you've all said thereawful lot of history on this. What I've read and what I'vesounds like people are succumbing to the fact that a corner has been an seen to me li ke this Larry Brown: I think the road again, we'lI have topublic hearing process as welL and because there areout there, we can not address that. Bej.ng the issuethe property beloer, I think we have to consider theplan is contingent upon resolution of the problen tocanrt analyze that until we have a firm plan in. Planning Commission Meeti ng March 16, 1988 - Page 30 gets developed Iike this. Yourd be blind if you think that it could go on and on being a lot there without anything and Irve seen that the neighborhood people saying it's okay to be developed but and therers alot of buts. We want to be heard and we want to be part of what's going on with this development. I think that this development contrary Eo someof the ones I've read in the past is doing just that. Hers trying to get that input. Hers trying to research before going along, which is good. To me this can be the win-win situation that Dave is looking for. Thesepeople are putting in requests and theyrre following up with okay, rder IIgive you a tree or we'II x a tree or we'll stand on your deck when weplant these trees. It sounds like they're trying to meeE the needs ofthe people as best possible. Irm not sure another deveJ.oper down the road when you try to get the perfect mix is going to be that way because they're not required to be that way and I think this one has been. So I think it can be a win-win situation. I'm leaning towards approval on it. I think if I Iived here, and when I drive and look at the sites' I Iook at it in terms of that, I'd dislike most of all on that corner would be like a fast food restaurant or something that really smeLled up your whole neighborhood or whaEever. I thj.nk the fact that this is zoned business neighborhood where thatts outlawed i.s a great r"ray to zone this because itts going to eliminate that type of thing which can happen on those corners just as easily as a small little striP maII development. Also, the way we are proposing !o zone iE is going to eliminate the free standing signs. Youtre not going to have a gawdy Red owl at the toP of the roof or something like that because agajn the zoning and Ehe way they're doing it is not going to allow that sort of thing. I had a question in regards to that accessory building area. Because werre not [alkinq about the accessory building at this PoinE, as far as approving it, it would be a possibility then that it wouldnrt be built, isnrt that true? Okay. Then the other question I would have is that that Iandscaping as the plan shows is being built up right into the accessory building. Would it be built before the accessory building goes up there or if ii does ever and I would approve it upon the fact that that is going to be there whether the building goes in there or not or something titce- ttrat. whether or not the building goes uP, that should get in there and then when the building comes, it's there. And jf we build an accessory building werIl do another berm or something Iike that because there will still be parki.ng lot and that sort of thing. Again, Irm leaning tolrards approval. Somethinq with our recommendation to the second road proposal also. I'd like it in there somehow. I,lritten in that we would like to see not an exteosion of the first road but Iooking at the other type of proposal for the road so thatrs a little more weight for them to try and come to some sort of agreement for the road going in that direction. I was really j.mpressed. I vras impressed with how prepared aII this was and hov, professional the presentations were and what have you. This is the first time Irve ever been to one thatrs so big and I $ras expecting who knows, people screaming or whatever so I was really proud of everybody and again, very impressed with how well everybody did and it really makes my job a lot of easier if I can hear from people the way you have been commenEing and get the information in Ehe manner yourve presented as weLI. Planning Commission Meet i ng March 15, 1988 - Page 3l Dacy: Possibly through a conditional use.-- Emmings: Annette said a lot of the things that r have written down tosay and some of them r rrn going to reiterate. r rive up in this end oftown also. I live on the north side of Lake Minnewashta and drive bythat corner a rot. r was here the last time in 19gG when the otherproposar came up and it was vastly inferior to this one. r don't thinkit matters much what the past history has been because that corner isgoing to be deveroped commercial somehow sooner or later. To me itrsjust inevitable. rt's unthinkabte that corner would be devetoped anyother way. This deveroper has done a rearry outstanding job oi takiiqinto consideration the concerns that the neighbornooa nis-iaised agaiiand again and again and are to be commended ior that and the neigh6orsare to be commended for -acknowledg i ng that. I think they were verycandid about that- As far as Davers concern goes about -leaving it officeinstitutionar, or, the last deveroper maybe oily said one thin; that rthought was true when they were heie and that wls that there ii no marketfor office buirdings. rtrs not just that there's a slight demand.Therers no market and r thiok wei re essentiarry depriviig them of usingthat land if we leave it zoned th?! ,iy:_ -In some ,ays, i think aN migitbe better for the neighborhood. The biirding" hu".-t-'ue io""r in BN. rdonrt think the intensity is too much differ6nt. rt,s prouirry a littremore intense but oot too much different. Another thing here is that it'szoned for those services that we alr use in oo. .""iyJiv iii.". rt,s alittle, this isn,t going to sound very nice but it *;y-;"-; littlehypocritcal to always say rre want these services and ie vrant themaccessible to us but we don,E hrant them near us so we can see them. Theydo grow up in our neighborhoods. rt's inevitabre. r $ras wondering if inBN we have any Iimitations. Are there any li.mitations on hours ofoperation? Emmings: okay, so if somebody came in and asked for a conditional use,we.could put thaE on it. r rike the idea of vacating 64th streeE. rthink that makes a tor of good sense. r tike trris tiaiii. fr.n isolatingthe neighborhood from the traffic thatrs going to u" g"neiuied in and outof that facirity. r think it'!s an exceLrent idea. c6ttins that reftturn rane off of TH 7 onto oriole certainly wirr make my rife a totsafer. Even though r never turn there, r come up behini traffic thatrsturning there alr the time and r see a rot of neir misses ana r tninxthatrs something they didnrt have to do. rrm real "o.,.".n"J about thosetwo outlots- The last time a proposal came up here, r made a motion toapprove that even though r didn't like that but r didn't want to rezonethe outrots until we kner, $rhat was going on them. r think that again,the BN takes care of most of my concerns in that regard...rf we make amotion to approve the rezoning, and rrd be for that] that we make itcontingent upon resolution of this road probrem. That,s ttre mostsignificant thing up here thaE r see is lhe road ana r wouia just as soonIet it go back and stay OI, leave the zoning alone, if this piojectdoesn't get approved. So if they canrt work out the road pr6bt6m, I,djust as soon see things stay the way they are. That,s sooid= a rittlecontrary to $rhat r said before but since therers no narket for office.that gives us kind of maximum control r think. That's "o*"it,inq-iii-iix"to see. PlanninE Commission Meet i ng March 16, 1988 - Page 32 Conrad: Is that legal Barbara? Dacy: I think it is. contract zoning is when you approve a rezoning based on a specific site plan. However, because we have some broaderissues here, road alignments that would serve the site as a com.rnercialsite, my best interpretation at this point is that the Commission could have a motion like that acted upon. Granted I'm not an attorney sothat I s my best interpretation. Conrad: Is that your best interpretaEion? Enunings: I have no idea and if there's a legal problem with it... Conrad: Itrs really tough. LegaIIy you canrt tie zoning development. You really can't do that. Yourre tying itconstruction and I think thatrs a Iittle different. toato road depend oo who is going to come and get the plat. goes to City Council foryou really want to see Dacy: A resolution of the road situaEion would develop the Reed proPerty. They lrould have to Basically what youtre saying then is before it action on these three items, You're saying that the application for the Reed ProPerty come in. Emmings: Yes, I guessthe road problem oughtCouncil. I don't careuntil theyr re ready to propose to do at least issue. Emmingsi Not just road construction but just a resolution of that problem because it's such an integral part of the plan. Either that or vre can table it and make it come back. I don't think any aspect of this should get tabled tonight or stay here. I'd like to see this whole thing move onto the City Council. I think we could talk about this for 4 or 5 meetings and I don't particularly want to. Ird just as soon have done with it tonight. Dacy: If I could follo$, up on Stevers question on the rezoning. As a matter of policy and procedure. Ehe City rroutd not enact the rezoning until the preliminary and final plat were approved and we had a development contract si gned. Emmings: That's right. Forget I said that. I'll remove my contingency. g{erre already protected on that. Another idea I wanted to ask Barb about and maybe you Ladd, from your experience, on the preliminary pl-at and the site p1an, can we say, if lre were to make a motion to pass it, could we put a condition on there that it not go to the City council until they have a resolution of the road situation to present to the City Council? so. I want to see a resolution of this. I thinkto be resolved before it even goes to the City if it leaves here, but I donrt !'ranE it to go there present that fully to the City Council. What they so the City Council can decide how to handle that Conrad: But they will anyway. Planning Commission Meeti ng March 16, 1988 - Page 33 Emmings: why? Conrad: They're go ingroadway. you I re j ust months or wha tever . Emmings: No. I rm just saying, ifI think the road problem will getget resolved at aII. to have the same questions that you do on thesaying, letts keep it from the City Council for they can I t resolved in get to thea hurry if Counc i 1 ,going to Ci ty it's Headla: It's going to have to get resolved for them tonot quite sure why you would want to do that. Let themprogress but they canrt, as I understand, really startwithout getting the road resolved. Emmings: If it goes from here, if we just sent it on,resolution that ere have in the packet here tonight, iiwhen would this go to the City Council? continue. I rm go ahead and anything firm if we we passed pass them the aII, Dacy: It r{ould go April IIth. Emmings: And at that time they donrt have to have a resolution of Ehisroad situation do they? Dacy: Right- The intenE of the application, the developerrs intent fromwhat r understood, was to number one, det"rmine if the city wourdn evenconsider rezoning the. site to_ neighborhood business in the first prace.He courd go through alr the prat lreparations for the n""J ."o any otherpiece of property and get to the bouncir and they business neighborhoodzoning concept could be mixed. Emmings: I donrt know. I'm a little confused right now I guess. Iguess it rdould seem to me that it would b9r I'q tiying to find a way toencourage them to come to a quick resolution of thit ioaa liourem and itwould be nice, it r^rould seem to me, to have that presented Eo the Citycouncir at the same time the rest of this is, is iLr. r nra in mina. Mayber haven'it presented the best way to do it bui d just iiie-to findsomeway to do that if we can. conrad: rt's a good point. To resolve the whore traffic f rord in thatquadrant is important yet.it's got to be resolved before anythingproceeds. The deveroper is motivated to do that. He wants to buird.Holdinq it from the City Council, Irm not sure. That's typically vrhat Irike to do. yourle saying what r rike to do is don,t givl- them anythinguntil_we've got it solved. In this particular case I ihi.rX tn" aeiefoflrshourd hear whether the councir wanEi to rezone it and vrhether thedeveroper shourd hear whether this looks kind of good to them from theCity CounciL, who may lraye- entirely different opiiions and have beenknown to have. r think it's gooa-'to-g"i it theie. rtrs stirr contingenton resorving the road problem. r thi;k r'm comfortable $rith that steie.r think iE's okay yet.r do. appreciate what yourre saying because r wourdrove to have this entire thing resorved in -terms of tne-eotire commercialimpact because r know the neighbo." u." not onry concerned with this particular subdivision but with that to the south and thatbearing on a lot of things. Traffic and some other issues know that thatrs going to be, I don'! know how we can dealquickly and I donrt kno$, that I need to force developmentthere either. Irm happy to keep it a greenhouse. still has a but I donr t rri th thatof that down Emmings: I donrt think what happens south of this property, with the Reed property and ultimately the cowen's, has nothing to do with what'sin front of us. We should take a broad view but werve got a specificproposal in front of us that werve got to act on. We can't dictateanything to Reed. He can develop now or 10 years from now or 20 and dowhat he rrrants to then and we'Il have to look again at that time. Conrad: Barbara, you mentioned a study from a comprehensive plan standpoint of this area. Then I heard somebody from the audience about the southeast quadrant going residential which is something was not aware was happening so is it your opinion that to the east we donrt have commercial pressure from some landowners? talkthat I side the BN How do Dacy: To be honest, I'm surprised Mr. Swearingen didnrt show up tonight because hers been at all the previous meetings and has stated on the record and I know it's in t.he Minutes, if this site lrent commerical that he would file an applicat.ion. My comment about the comprehensive Plan is that you do have the tool that the City can state the preferred type of land uses in certain areas of the City. ?his site is already on the Iand use plan as commercial. None of the other sites are. There is aprocess. If the Planning Commission and City Council wanE to look at that area in more detail based on the new road configurations, the Comprehensive Plan would be a good place to start. Conrad: The City Council could initiate a study of that area in terms of south of this particular project, couLd they not? Dacy: Right. We could easily ask Mr. Koegler to start that up as a Partof our Comp PIan rev iev', Process . Emmings: You said something about a 26 and I believe that ornamental canopies we resolve that? height limitat.ion in building are 27 feet. foot ona Dacy: The BN districts, therers a height limit feet EaIl and the ornamental canopies do extend of to one 27 story. feet. That I s 20 Planning Commission Meeti ng March 161 1988 - Page 34 Emmings: Is that al.right? Dacy: The intent of one story is to have one floor of occupancy. I think the actual ceiling height js actually 15 or 16 feet. The extra 4 feet was for roofing and screening of the rooftop materials. Erunings: Is all of the berming and plantings going to be done at one time? Planning Commission Meeting March 16, 1988 - Page 35 Dacy: As indicated on the plans, yes. Recommendation is that,see in the plans for the landscaping all the way to the propertythe grading, that would all have to be done in conjunction wittr-construction of this shopping center. Emmings: Then Dave brought up a good point. Notthrough every winter. Who's got an obligation ifof these trees die the first winter? Does anybodyobligation to replace those trees? $rhat you line and the everything makes it one or two or a bunch have any cont i. nuing Dacy: Yes. There is an obligation and thatrs the obligation and thatwourd-be the obligation of the property owner. The landscaping ordinanceprovides that theret s got to be a ionslant opaque screen ani that therandscaping has to be kept arive. we do have i code Enforcement officernow that we can use to monitor that. Emmings: Maybe itrs-obvious from my comments but rrm basicalry in favorof approving this and moving it on to the City Council for theirconsideration. conrad-: r have very rittre to add. r think the zoning is better thanwe've had there before. This particurar zoning dlstri6t is a lowintensive use- rtrs certainly going to be greiter than what itrscurrently at but the zoning in my mind is real appropri.ate for the area.The traffic problems appear to be sorved which *ii .-concerned that r hadthe last time and a buffering problen which r really did noi like in anyof the previous deveropment proposaLs. rtrs far beluer. rn trledevelopments that we rook at heie on an every other sreek basis, r thinkthe buffering to me is superior to armost anytrrinq that rrve seenchanhassen do- when you do have some commeri;.ar or some other type ofuse than h,hatrs next Eo you right novr, those three thing" *ik" me feelmuch more comfortabre than r have in the past. The dev;loper has done anice job- rt's arr,rays good to work with good people and piofessionardeveropers and you can telr when one comes in ind-you can telr when oneis not a professional deveroper and it's always so much easier workingwith peopre that are good communicaters and do good work. r think th6current group, in ny mind, is that. I had some concerns, lherefore Iguess my comments are, r do rike the zone. The neighborhood busioessdistrict for that area. rt keeps the traffic uray i.om the neighborhoodwhich has been a concern. r had some concerns th;t r'd like to varidateand Larry, I think you mentioned it once, that basically MnDot, theturning rane on TH 7 for the neighborhood to come in ofi of TH 7, whatform do vre get thats from MnDot to guarantee that type of roadimprovement? vrhat is the document that we look foi- to say we will dothis? Larry Broern: The first one is, they will be sending a letter ofrecoNnendations. Again, they wirr approve it contingent upon meetingtheir requirements. Number two, being that it's a County -noad andsimirarry TH 7 is a controlled access and therefore the ippiicant wittneed to 90 through the process with MnDot simirarJ.y for tnl proposeilaccess to the site on TH 4r and wirl have to meet lhe requirements of the Planning Commission Meeting March 16, 1988 - Page 36 County and get an access are met . permit for those to make sure their requirements Conrad: But a turning lane off of TH 'l a letter that comes to us that says we, into the neighborhood, thatrs in MnDot wi 11 do that? Larry Brown: It is stated that they approve of the proposed entrance andexit conditions contingent upon construction of, (a) the right-in off TH 7, (b) the Ieft turn lane off of TH 41 and any other conditions that Eheyrve addressed. Conrad: I'm concerned and I think it will be covered, but rrm concerned as the neighbors brought up, with the cost to the average neighbor of putting in the roadway. I think as we said loosely, lhose that benefit should pay for it. The neighbors who are there who are not benefitting from a different road should not be paying for that road improvement. I think any motion we make tonight should be contingent on what the watershed. The watershed has some concerns. I guess the other conunent that I'd like to see is that the City Council initiate some kind of study on traffic patterns to the south of this particular development. Whether they feel itrs appropriate or cost effective but I think it's imPortant that a study be inititiated so hre can see ho$, that traffic might flow vrhen those lots to the south do get developed. Those are my comments. If there I s nothing else. Headla: Let me make two comments. There $rere some dead trees up there, some scotch pine, for instance one of the species wiII turn color and then they come back again. The Austrian Pine they wouldnrt have that type of thing but Ird really like to see that type of thing addressed. $rould also like to see that we take the Position that we start pushing the Arboretum products. Newly developed products. They are a part of us. Conrad: Are they marketing their products? Headla: Not them. It's through nurseries but if we could say, Iook at Lhis development, and this tould be an ideal pLace. Some of these are Arboretum products. They develop right at the Minnesota Landscape I Dacy: They notify us by writing and then the applicants have to walk down to tlnDot and get an access permit and that.rs rdhere MnDot says you have to build the right-inrs. Conrad: Hov, do we document the buffering specifications? I asked the developer if that was an accurate elevation that I was looking at but how does staff request specifics? l{hen we talk about a 3 or 4 foot berm, is that part of the development contract agreement? Dacy: Right. The grading plan that r,ra s submitted shows existing and proposed elevations. The Iandscaping plan indicates where the plantings are going to be located on that berm so we feel that we have accurate information now that states that the representations that they made about the berm heights on the erest and south boundaries are accurate. Planning Commission Meet i ng March 16, 1988 - Page 37 Arboretum. Theyrve done wonders on a lot of that and I lookthe scotch pine issue because put that with even some kind ofbush. That would really be nice. Somehord, whoever makes thewould like to see something in there. Nobody else commenteddonrt know if they're concerned. forward to deciduous motion, Ionitsol Dacy: Mr. Chairman, if the Commission vrants, the DNR foresteravailable to us on other items. We could pass a condition thathave the DNR forester Look at the proposed landscaping plan andcomments as to the species. has been we could make some IEmmings: I don,t think we_ should propose that on this plan. I guessagree with Dave. I think itrs a good generar notion. aybe we coulddevelop something so that when new developers come in witir new prans,can say werve got the Arboretum out here and they're developing-a loinice new products, let's see you use them. LetrS see yoo ola a couplemaple trees. That was Bob siegel who used to sit in tiis chair, thitsomething he always pushed and they do have maple trees. I donrt knowabout sugar maples. $re of of was Conrad: One of the upcoming meetings, the next agenda items, irerve gotlot of sugar maples on a plat. Enmings: I just have one other question. We rrere told how you thoughtwe resolved the problem that the waEershed has raised at 4:3g thisafternoon._ - I just $rant to ask if you think that resolution of thatproblem will change anything ererve looked at tonight? Roger Zahn: f donrt think so. a Emmi ng s : because ofIike that? John Uban: up in theIn tr yi ng and solve Dacy: on the wi 1I the the or it change for examplecreation of that pond landscaping plan along TH 41where the entrance is or anything putting in aby the Watershedplat and the si te cond i ti on front ofpreliminary make a Not the entrances. Right nov, we see the ponding would happencorner in the areas where we show no randscaping it this point.to work vrith MnDot r they have excessive righi-oi-r.y op ti"iesome of their drainage problems too with a-combined-po'nd. Emmings: Then the only other question I have Ladd, iscondition that approval would be contingent on approvalDistrict, would that have to 9o both in the pretiiinaryplan or just the pretiminary plat? If you throw it in the preliminary, there,s a catch_allsite plan that yourve got to meet the preliminary. Conrad: Okay, I'11 accept motions. Werve got three itemsus. First is a change in zoning. Second, is a review ofplat. Third is the site plan review. would somebody wantmotion on the re zon i ng? 1n the to Planning Commission Meeting I'larch 16, 1988 - Page 38 Emmings moved, Ellson seconded that the planning approval of the Rezoning Request #85-2 to rezoneOffice Institutional to BN, Business Neighborhooddescribed in the proposed ptat application. All David Headla who opposed and the motion carried. Commission recommend 7. 53 acres from oI,District as Iegally voted in favor except Batzli: On the first condition. Execution of the Who are you expecting them to execute the contract Emmings: The Ci ty. Batzli: Yes. can we specify that? Dacy: Your question is, including execution of the between a developer and the City? Batzli: Yes. Dacy: Sure, if you wanted to. The intent of the require this particular developer or $rhoever but City to insure that that road can be... development contract. wi th? development contract cond i ti onrhat they not to in to the taking a bad is come Emmings: If I can speak for you. It's just a little ambiguous and he wants to be sure somebody doesnrt come in and say, how do I kno$, that doesn't mean it's between me and the guy who's going to build my building. The owner of the property and the builder of Lhe building. Dacy: Thatts fine. I just want to make sure I understand. Emmings: that forpoint. Yes, the development contract with granted because we see it there all the City. i.Ierre just the time and iErs not Batzl,i: The filing of from a recognized bank Ehe 1et te r authorized of to credit I assume is with the City do business in M i nneso ta ? Dacy: That' s fine. Batzli: I lras going to have some concerns from credit should be a form approval. Emmings: Sure. Let's do that. So with the third line of number l it development contract Idith the Cityform... start talking about the letter of credit but. the public regarding it. I think the letter of subject to the City of Chanhassenr s reasonable We aswill and I understand it now. Starting say, including execution of thefiling of a letter of credit in a Larry Broern: AII letters of credit are subject to our approval. We have -a standard f orm. Batzli: Those are my friendly amendments if yourd like to accept Ehem. Planning Commission Meet ing March 15, 1988 - Page 39 Batzli : Herers what I had. Letterfrom a recognized bank authorized toMinnesota and a form subject to theapproval. Emmings: That I s fine. Roger Zahn: of bank? of credit with the City of Chanhassendo business in the State ofCity of Chanhassen I s reasonable do you want to change that to financial institution instead BatzIi : That I s fine. Recogni zed financial institution. Emmings moved, Batzli seconded that the pranning commi.ssion recommendapproval of Subdivision Request #85-7 subject to the plat stampedrrRecei'ved March 7, 1988rr,. the grading and drainage prin stampe- rReceived March 7' 1988" and the utirity plan stamped ',Rec;ivad March 7, 1988" andsubject to the following conditions: I Approval of the preliminary prat and site plan sharl be contingentupon vacation of west 64th street right-of-way, including executionof a development contract with the city of chinhass"n u.,d riring otretter of credit with the city of chanhassen from a recognizedfinanciar insEitution authorized to do business in the siate ofMinnesota and a form subject to the city of chanhassen I s reasonabr-eapproval to insure constructj.on of a reiligned 64th Streei. a 2. The applicant shalI enter and provide the necessaryinstallation of the publ ic 3. The developer shall obtainWatershed District permi t. into a development. contract rrith thefinancial sureties to guarantee theimprovements. Ci ty proPe r and comply with all conditions of the 4 5 6. 7 Hay bales shalI be placed and staked around all be used storm sevrer to stabilize inlets. allWood fiber blanket or equivalent shaIldisturbed slopes greater than 3:I. The applicant shall obtain and comply with all conditions of thepermits from the Minnesota Department of Transportation and office ofthe Carver County Eng i neer . carculations verifying adequate pressure conditions for the sprinklersystem of the proposed retail building should be submitted forapproval by the City Engineer prior to the issuance of a buildingpermit. the The of the o The proposed sanitary sewer and watermain systems internal tosite will be constructed and maintained as private utiliiies.City of Chanhassen will not be responsible -for any maintenanceutilities (erith the exception of public storm sewEr drainage facilities) internal to the site. An acceptable sign and pavement markingthe City Engineer prior to the issuance shall be submi tted to building permit. plan of a 9. Lq. submit a revised erosion control City Engineer. 14. Plans which address the demolition of the roadway of and restoration of the right-of-way be submitted for City Engineer prior to the final plat review process. 15. Access permits from the MnDot and office of the carver Engineer will be required prior to the commencement of The applicant shall agree to enter into a joint storm sewer project with the City which witl involve the addition of a catch basin on the proposed storm sewer plan as mentioned previously in this rePort. Specific plans and specifications which address the specific alignment, installation, and erosion control for the proposed storm sewer system must be submitted and approved by the City Engineer prior to the issuance of a building permit. L2. Catch basins shall be constructed as sump type catch basins. plan subject to13. The applicant shalI the approval of the AII voted in favor and motion carried. BatzIi moved, Ellson seconded that the Planning Commission recommend approval of Site PIan Review *86-2 for construction of a 25,929 square foot retail center as depicted on the site plan stamped "Received March 7, 1988", the landscaping plan stamped "Received March 11 , 1988"r the Iighting plan stamped "Received March 11, 1988", the exterior elevation pfin stimped "Received Eebruary 22, L988tt and the grading draj nage and utifity plans stamped "Received March 7, I988'r and subject to the following conditions: I. AII bituminous areas shall be lined with concrete curb. 2. The building permit for the retail center will not be issued until the city has approved the vacation of 54th street, including submission of financial sureties, the execuEion of the development contract to insure that 64th street will be realigned to intersect TH 4I in another location. West 64th Street approval by the County any grad i ng. Planning Commission Meet i ng March 16, 1988 - Page 40 II. 3. Compliance r.rith aII conditions of the Subdivision Request *85-7. All voted in favor and motion carried. Conrad: Is there a feeling amongst Planning Commissioners that we should -initiate a study for the traffic paEterns and the land use to the south? Planning Commission Meeting March 15, 1988 - Page 4I Emmings: To Conrad: We reques t ? Dacy: That the south might need and to the east? Yes, a motion to do that or I think so. can that just be a simple can be a request. Conrad: It takes the City Council to fund the request so formally how... Dacy: I think what we vJould do is take that comment along with theseitems to the Council on April ltth and see if the Council would allowextension of Markrs contract to include this study. PUBLIC HEARING: GEORGE NELSON ASSOCIATES, LAKE RILEY WOODS SOUTH, PROPERTY ZONED AGRICULTURAL ESTATES AND LOCATED SOUTH OR AND ADJACENT TO CO. RD(PIONEER TRAIL) , T/2 I{TLE EAST OF TH 101: A SUBDIVISION OF 77.44 ACRES LOT SrZE 2.5 ACRES). INTO 15 SINGLE FAMILY LOTS (MINIMUM B WETLAND ALTERATION PERMIT FOR CLASS B WETLAND. DEVELOPMENT WITHIN 2gg EEET OE A PubIic Present: Name A-2, I4 Brian Ol son Jim Peterson Boyd Peterson Ron Ron 325 Krueger Krueger Pi oneer & Associates, & Associates, Trail Applicant Appl i cant Jo Ann olsen and Larry Broe/n presented the staff report on this item. Brian Olson: I'm $ith Ron Krueger andrepresenting George NeIson & Assocj.atesalso here. I have a color up renderinglitt1e bit easier to read than that oneobjections or any additional thj.ngs toare here for any questions. Associates and I'm here and this is Jim peterson whoof the drawing that may be abut basically we have no add to the staffrs comments. IS We Boyd Peterson, 325 Pioneer Traj. l: My property Iine adjoins.question on the road. Itrs going to be going from the j.r roadGreat Plains Golf Estates. Is that a road or a trail? Olsen: We were just looking at options of providing futureand actually the only possible location would be along thisis not defioite that that road will go through yet. Ihada over to connection li ne but that Brown: If I may clarify that, I don,t mean to confuse you. I don'tthink it's a future street connection. I think if the plat were to beapproved, that wourd be a requirement if the commission would so desire Address Planning Commission Meeti ng March 16, 1988 - Page 42 Olsen: We did and we hit the ravine and we didnrt kno$, t here development was going to 9o so it was really hard to determinetime we did not pursue it. Emmings: Werve never liked long cul-de-sacs. werve always been for connecting them up to neighboring properties and I certainly think we ought to reserve an easement across there to do t.hat. Sometimes the Council has gone along with us. Sometimes they haven't but I rdouldcertainly want to encourage the City Council to make that a condition this plat and try and get a connection across there. The only other thing I've got is that if you look at Lot 5, Jo Ann, and really this would apply to a lot of these. AII of them. 9, Lg. Theyrve got all the septic sites between the house and t.he street and werre bringing driveways back and I assume that they will be absolutely forbidden to a driveway across. Olsen: Oh yes. Theyrll all have to be staked. the so at that Ci ty of of put Emmings: Okay, and they construction phase ei ther them. can't drive to compact across them. those areas They I ve got. the stay off of IN to olsen: And they shoul.d be preserved even after the house is constructed. Emmings: In fact there is a provision that canrt ever. And that's not going to create says that isn't there? They any problems with dr i veways? Olsen: what usually happens is that whoever buys that lot also has the optj.on of finding another suitable site. If Lhey want to line them upright along the lot line to provide them more room, they can do that. Emmings: I guess what I'm thinking, if you just look at 12 and 13 for exampJ.e. The driveway on 12 is going to have to be right hand side as we're looking at this and the driveway on 13 is going to have to be off to the left. The way it is, do we worry about driveway separations coming out on those streets or not? to look at that option. Itrs not related to future road connection.Thatrs dependant upon the approval of the plat. Headra moved, Emmings seconded to crose the pubric hearing. A1r voted infavor and motion carried. The public hearing was closed. Conrad: Before I open it up for the commissioners to talk, the propertyto the west has been subdivided and there are no easements to make theconnection. If vre wanted to make the connection, what would it take tochange the plat that has been approved? Is that really an option? Olsen: It is an option. They just have preliminary plat approval. Theyhavenrt received final plat approval . Conrad: Did staff or the Planning Commission look at that? EIIson: Just to echo the thing about the street. I,m not sure I likethe idea that. one person has, even if itrs a plat approval or whatever,this whole thing is contingent that that one goes through. rirst of ail,the Great Plains colf Estates has to go through. Everything has to bebuilt just the way it plans before this can even get oif tne ground.Thatrs kind of a lot of tying in to make your project go. Emmings: I donit think werre saying that. Planning Commission Meeting March 16, 1988 - Page 43 OIsen: No. EI I son 3if Gotf because Emmings: We only want to reserve an easement so itrsin the future if we want to. That's all I'm saying. Well, hers got to have that thing to connect it with otherwise,Estates or whatever falls through than this wouLd fall throughthere isnrt anything to go across there. Isnrt that right? possible to do it Conrad: Itrs a question. we have these standards that wearound r^rith on cul-de-sacs. Itrs kind of tiring. Ellson: We're not being consistent, yes. Olsen: Tbe recommendation should be to preserve that. keep screwing conrad: The idea that vre're party to is that it's unsafe to have a longcuI-de-sac and vre continually, almost every vreek, have long cuI_de_sacs.r donrt know Jo Ann. obviousry, it's tough to pran in advince and makeconnections in some of these aieas, especially in rarger areas rike thisbut we do have a standard out there and that ltandard- says itrs unsafe.Yet werre saying, itrs unsafe but werll let this happen because we'veaLready granted preliminary prat approvar to something else and r don,tknow, vre still have a chance to connect and if ," .e"ily buy thatstandard that it's unsafe to rive on a cur-de-sac that's toiger than 500feet and thatrs going to injure somebody, ere,d better to stick to that orelse we. should change our standard. we kind of are berieving the staffrsperspective that it is unsafe. we hear aIr these emergency iolks telL usthat it is unsafe. Here we go, werre allowing un unsuie d6velopment togo based on opi ni on. Conrad: Itrs not only to reserve it, itrs to make the connection. Idon't knohr, given what the standards are. If therers no way foremergency vehicles to get in there, we're creating a dangerous situation.I donrt know how I can resolve that in my mind Headra: That bothers me. r think there is an alternative and rrm sorrywe didn't bring it up at our rast meeting. Remember the church over by'McDonalds. we said arr you needed was like a hard gravel road. rf weask staff to try and develop somethj ng here but give them an arternative.Try to. come through here and you probabry have to acquire some land butcome through here somewhere wiEh that type of road aild he can put a chainacross it. The fire trucks can get the chain down. rt eroutd stop "ursfrom using it but if he wourd have a firm surface from here throulh here, 20 foox right-of-way or whatever the Fire Department would need, wouldnr t -that satisfy our safety requirements? conrad: rt wourd satisfy the standards that werve been trying to follorr. - Headla: And like Lake Susan, if we would have just asked the fellow toput in that type of thing, at least temporary, I think it would have been -alright. Ell-son: Just like a fire escape road that,s just used in case. Headla: Yes. Olsen: We did look at that option... Emmings: And would they have problems with getting another entrance onthat road from the County? Olsen: Exactly. We looked at that too. Headla: As an emergency road? Ellson: Maybe if we just told them itrs limited use like that. Brown: !,1o, they would sti 11 ob j ect. Olsen: The best direction would be going to Great PIains colf Estates. Itrs level there. It almost lines up with another future road. That realiy could vrork out Ehe best. The problem is with Great Plains GolfEstates, I don't know if you can follow Ehis, this is showing Ehe existing connections, but Don Halla is. proposing to extend their deadlinefor final plat approval. They just do rrant to et erL develop it for a long time. The easement would be there for a long time. I don't think we do have a set length of 50A feet. I think thatrs what one of the problems is, is that is real ambiguous. The definition of what length of apermitted cuI-de-sac is. Emmings: But thjs one is long in the red zone. I know werve before. I can remember that. to be in the category. Itrs over about 1,56A as being too long enoug h taI ked Headla: We gave up on that too easy. You can come up CR 14, part of the proposed driveway. Then you donrt have to erorry about the access. Itisn'E something werre going to be using all the time. It looks like Ithink it vras right at the curve. I t.hink there's something there that we could develop. Brorrn: In comment to that. I agree $rith you that we would like some alternative access. The problem being, one of the problems that I wiII mention is Carver County reviewed this access point onto CSAH 14 t ith regards to sight distance. It's very tight. Very tight. They did come back with a recommendation that the access onto Pioneer Trail woul.d be acceptable and would meet MnDotrs guidelines. I would doubt, speaking Planning Commission Meeting March 16, 1988 - Page 44 PIanning Commission Meeting March 16, 1988 - Page 45 off the top of my head, I rrould doubt an alternative accessing thatgeneral vicinity lrou1d meet those sight Iine requirements. Again, thatwould have to meet MnDotr s approval . Headla: But if yourre coming off an existing road already, a driveway. Brown: Where is the road that you were... olsen: where this cul-de-sac wilr be? ThaErs where they're realigning cRl4and they are proposing to put in a cuI-de-sac. when the county reall-gni cn14, they are proposing to arso deverop this cur-de-sac to service arf theIots that are Ioosing their frontage. It doesn,t show up here but that'swhere it would go, right through this guyts property. Batzri: r had a question for Jo Ann. rs this letter from carver countyregarding the access point or is that irhat this is sorery in regards toi Brown: Correct. Batzri: Have they reviewed the final construction prans before approval? Brolrn: They,ve reviened this. Batzri: what are they actually requesting here is r guess my question.They would Iike another opportunity to look at something. olsen: That's one of their nee, conditions that is in all the lettersn9w. They just erant to see r,rhat was finally approved by the City butthey arways have to give the access permit lo itrey arwals have to see thefinal entryrray pIan. Batzri: rs that something we should be including as a condition? Brown: Being that they are covered by the access permitl itrs solery upto the feeling of the Commission. Olsen: Itrs a reminder to us. Brovrn: I think their main intent. there, a Iot of Eimes when platapproval, their feeling is a 10t of time in plat approval there may beitems missed such as. side slope grading at the culvlrt entrance, etc..Minor detaits that they $rant to make sure they have their handle on. Batzri 3 r guess r yrourd suggest maybe as a reminder to us, that we doinclude that as a condition. Another question r had, is your conditionto straighten out the reverse curve, number 4? okay, so ih.t," alreadybeen included. Brown: yes. Batzri: r arso agree, not to overharp on it because r think I did enoughlast agenda item on the subject but r guess r'd like to see at reast to Planning Commission Meeting March 16, 1988 - Page 46 preservation of right-of-way. I.d Iike to be consistent. Head1a: I think werve got to have another access at thecul-de-sac. If we can give them two options or more, allI think he should be obligated to come up with something. EIIson: Ellson: Explain to me h,hat the difference of saying reserve aright-of-way versus . . . Emmings: Werre reserving an easement for a road. Conrad:So j ust But it ln case. north end of thethe better but don't only doesn't teII him to make a road? Conrad: No. So I think we can either have language in our recommendation to reserve it and say that sort of gets us off the hookwith our standards but it doesn't force anything to happen. Or llre can make it an absolute. We think a second access should be found. Hnmings: But if we do it along the route that we're talking about, of course it wilL go to the edge of their property and it wiII stop and it will be a road to noplace until that other development is done. Whatyou're saying, as far as what I hear is if we reserve the easement, at Ieast werve got the potentia]. for connecting it up later on. But if we demand that they have a second access point, thatts going to have t,o come off CR 14. And it's not going to haPpen because of the County if I hear what Larry is saying. so there we've got an impossibility. Conrad: I guess I don't know that. Irm sure Larry's feeling is, I know that tarry has ever gone or said thj.s is an emergency entrance that is chained and will only be used by the Eire or Police. Enmings: But they donrt even ovrn Ehat property up there. We're asking them to put a road through proPerty they donrt own. Conrad: I honestly dontt know where it would go. saying. I hear vJhat you I re Brown: If I may clarify the position before you may make a motion. My condition so states, at least in the body of the report, that if the Planning Commission wishes to pursue the alternative access, then the plat should be revised to form a "Tr' intersection $rith that cul-de-sac, the end of the bubbLe. My concern is if in fact the applicant erere to pursue putting a road through to Great Plains Estates, and any other conditions, the intersection created there would create an askewed intersection and ultimately a hazard. Conrad a Latyy, werre talking about an emergency entrance. Werre not talking about an ongoing road. Ellson: It's not even the same material. UsuaIIy just gravel . Planning Commission Meeting March 16, 1988 - Page 47 HeadIa: What Hills? happened at the Council? Did they look at Lake Susan Olsen: That hasnrt gone in front of them yet. Headla: Okay, so rre donrt know how much the Council isup on emergency fire lanes. Batzli: Based on my experience, they wouId. Headla: However, a few meetings before you came on. Batzli: This hras way prior to when I came on. It wasneighborhood. going to back us through my Headla: r stirr remember over on the southeast side of Minner"rashta. conrad: would we want language in here that vrourd basical-ly say thatreserve some right-of-way for a second access for emergency use only?that the intent of r.{hat werd Like to do? we IS HeadIa: there I s there. If they just reserve it, he doesnrta little swamp or something so a fireInstead of reserve, prov ide ? have to improvetruck couldn, t it. get Ma ybe through Batzli: But it canrt be provided untir what, when and where we,re qoinoto require it to be provided. rt may not be able to be provide.J-iidi,l""nor., other than to CR 14. Conrad: Wel1, we canrt even get there. Headla: I think wervebuilders are going tolike this in a day, we mean it or no t? got to take the pos j.Eion here because otherlook in and if vre let this one go through, justmight as weII forget about the whole tf,ing. oo $/e Emmings: we can vote it cown on that basis. Make a motion to vote itdown and explain that. the reason is simply because of the rong cur-de_sacor.maybe do the same thing a rittle more positivery, arthough r donrtthink itrs any different. Maybe make a m-otion that'it pass continge;tupon the developer finding a second access acceptable to the Cityplanning staff and city councir by the time it goes to city counair. Conrad: I think thatrs a good way to do it. Olsen: When you say access, are you talking about a roadway easement or? Brown: If it's an emergency access only, then there would not be aproblen with it. If the Council's wishes were to pursue a 50 footroadway easement, then I r^rould ask that it be conditioned upon thatstatement. Planning Commission Meeting March 16, 1988 - Page 48 Emmings: A solution to the problem thatts okay with city staff and City CounciI. Brian Olson: I guess I'd like to maybe get a clear understanding aboutthe sort of things werre talking about. I guess it seems like the main concern here is the connection of thi.s long cul-de-sac somewhere else outside this ProPerty. Enmings: No. The concern, just to maybe speed this up, the concern is the length of that road and with emergency vehicles getting to property owners who are at the end. If there are vehicles blocking that road or snoe, blocking that road or whatever. We always like to have a second wayin. That's the issue. Brian Olson: Is the concerns for the safety, normal say smaller lot subdivision, it would along the length of this cul-de-sac. If you Iong cul-de-sac with their 9g foot wide lots end up with 1I or 12 lots. This has 16 lots additional single family houses that would be compared to tbe normal city standards of 500 smaller lengths. like if this was in a have numerous more lots would take a normal 5gg foot along there, I believe you'd so we're talki.ng 5 on this long cul-de-sac asfeet which would be the Conrad: Emergency wise, you still have Eo geE to that. Itrs a dj.stance issue. The thing that we are struggling $rith is we've always had some kind of a standard saying cul-de-sacs should not be longer than this simply because r.re canrt get emergency help Eo the People there and thatrs what werre dealing with. Here I donrt know how long your cul-de-sac is but i.t's a long one. we set precedent. Everytime these come in and we say you donrt need it, then I guess if you don't need it and werre not woiried about somebody at the end and reaching them in a tornado or v,rhatever, I donrt know if the City is doing it's job of making sure that everybody is going to be Provided their emergency service adequately. That's erhat vrer re struggliog with. No matter how many houses, I think your point is there are fewer houses in this area but we still have to get help to them. Brian olson: May I ask Jo Ann or Larry This plat has received PIat approval and for revision in their preliminary plat. change or a minor change? To provide an condemnation of a lot? maybe can help me out on the Council did ask for Does that constitute a access or does that get this. a change majorinto the olsen: Itrs a major change. Conrad: I don't think those on the Planning Commission are saying you have to have a fully improved road. we just want to knoe, that therers a flat piece of land that this fire truck or vehicle can get over and when that part is blocked, we want to be able to get that vehicle there. Thereiore, werre not, I dontt thj.nk on either your Property or, r donrt know that it's condemning or taking a piece of land. r think it's putting a right-of-way there and itrs going Eo make sure that it's a Planning Commission Meet i ng March 16, 1988 - Page 49 passable r ight-of-way useable. ) but I donrt know that werre taking property that's be need 26 feet GoIf Esta tesIot. road onf youtre Greatjust Headla: From the proposed Great plains colf Estates, would itpossible to put Iike a 2g foot right-of-r.ray? They really don,tproperty as such. If we come through on a divicling line, takeoff of each side just so they can drive a vehicle on? Brown: Right nov, the possible access through Great plainsis Limited by the topography. The ravine cuts up into the Headla: That really is not a practical way to go Larry? Olsen: There is a flat area. There also is an existingPlains Estates but it's being used by the nursery. So italking a small gravel access... Headla: That's on the very sout.h side isn't it? Olsen: There is an existing drive here. Brown: Therer s no doubt that the appricant's provided a section throughhere, that this is fairry frat. Again, my onry concern $ras we obviousiywourd be affecting this building pad and ihis building pad is limited dueto the ravine which cuts in through here. From what rrve seen, itrs notgoing to be easily remedied by that. WheLher it,s possi.ble... Conrad: I guess we can't get into designing right nor^r. we're prettylousy at that but maybe sre put in some ierms where we ask the cityEngineer and the dev6roper io provide a pran ror pr o., iJ ing -".".g"n.y access for the short and rong term. Then you can do it aia tnei tue cityis making their decision as to what kind oi emergency ""..ri.u the peopleat the end of the cul-de-sac should have. Headla moved, Batzli seconded that the planning commission recommendapproval of Subdivision *87-2 as shown on the plat stamped ',ReceivedJanuary 25, 1988" subject tc the following conditions: 1- soil borings are submitted to the city soir consurtants and theconsultants approve two acceptabLe sites per lot prior to the finalplat approval. The developer shaLl enter into a developmentand provide the necessary financial suretiesj.nstallation of these public improvements. contract with the Ci tyto guarantee the proper 3 The developer sha1l obtain and Watershed Di strict permi t . comply with all conditions of the A revised plan showing the changesalignment, as discussed prev iouslyfor approval by the city Engineerreview process. 4.IN in as the hori zontal roadwaythis report, shall be submittedpart of the final planning Planning Commission Meeting March 16, 1988 - Page 50 5 6 7 An 18-inch minimum diameter culvert proposed access onto Pioneer TraiI, shaII be installed underneath tbe csAH 14. The proposed road file shall include a 0.5? grade for a minimumdistance of 50 feet prior to the access onto pioneer Trail. wood fiber blanket or equivalent shallslopes greater than 3:1. be utilized on all, Cisturbed 8. The typical rural roadway bituminous wear course as construction. shall be revised to a 3-inchCity standards for rur aI sectionper the 9. Lq. 11. L2. The applicant shall pay park and trail dedication fees in lieu of parkland and trail construction. If a road connection goes through to Park and Recreation Conunission shall trail connections. Great Plains Golf Estates, the review the plan for possible The applicant and emergency vehicle The applicant mus t run-off rate. City Engineer shall $rork together to develop an right-of-way. provide calculations verifying the pre-development Carver County shall be given a chance to review the final construction pIans. A11 voted in favor and motion carried. 13. Headla: The function of our Class water from flowing down so even if purpose isnrt it? Ol, sen : wetl and Headla: Low area and theyrve owner has gone into it alreadY Olsen: It won I t become la$rn. really just to delay itts going to serve the B wetland isitrs a lawn, olsen: The vegatation rrill be Preserved and Ehey won't be able to fill it in and mow it. Headla: Thatis not going to haPPen. Why is it such a poor Class B wetland no$r? It's just a low area in the ground that just happens to have vegetation. plowed into and if it Itrs being part of it. My point is, the becomes a lawn. preserved. Headla: Go outnot necessar i 1y there in 5 bad is it? years and it's going to be a lawn but that's Olsen: Itrs being preserved as a wetland. They have certain setbacksthat they have to maintain. They can not alter it without receiving awetland alteration permit. They can not make it into a laern area. Brown: I think we have a similar item where someone in the community hadaltered a wetland alteration permit and even though their construction wiped it out and they are being made to go back through the process andgive compensation to restore the $retland. Emmings moves, BatzIi seconded that the Planning Commission recommendapproval of wetland Alteration permit #88-4 for development within 200feet of a Class B wetland subject to the following conditions: I. No construction traffic $ri1I be permitted beyond the erosion controlfence to the south of the $retland. 2 The structure on Lot 2, Block I must maintainthe edge of the wetland and Ehe septic systemfoot setback from the edge of the vretland. a 75 must foot setback from maintain a 150 AII voted in favor and motion carried. GARY CARLSON, MINNEWASHTA MEADOWS, PROPERTY ZONED RSF, SINGLE FAMILY RESIDENTIAL AND LOCATED IN THE NORTHWEST CORNER OF CHURCH ROAD AND TH 7 A REZONING OE FOUR LOTS TO R-4, MIXED LOW DENSITY RESIDENTIAL TO PERMIT THE CONSTRUCTION OF FOUR TVIIN HOMES (8 UNITS) . SUBDIVISION OF 8.6 ACRES (LEGALLY DESCRIBED AS LOTS 3 AND 4, SCHMID' S ACRE TRACTS) INTO 12 SINGLE FAMILY LOTS AND 4 TWO FAMILY LOTS (8 UNITS). Public Present: Name B AppI i cantwilliam R. Engelhardt & Associates 1930 Whitetail Ridge Court, Excelsior623I Church Road 6251 Church Road 6320 Church Road Jo Ann Olsen presented the staff report on this item. Planning Commission Meeting March 15, 1988 - Page 5I C. WETLAND ALTERATION PERMIT TO DEVELOP A SUBDIVISION WITHIN 2AA FEE'I OFACLASSBWETLAND. Address Gary Ca rl son Dennis Story Paul PaImer Merlyn & Betty Vlanous Harry CampbeL lClinton B. Shager Planning Commission Meet i ng March 16, 1988 - Page 52 voted in seen beh i nd it in? know Emmings moved, EIIson seconded to close the public hearing. AIIfavor and motion carried. The public hearing was closed. Headla: Larxy, on the recommendation 7, I don't think I,ve everthat before. Why here? A gate valve shall be Iocated three feeteach hydrant in accordance with the City's detail for hydrantconstruction. Brown: Typically the gate valves are al.ways proposed there. On thisplan they were left out and that standard is in accordance with theCity's standards. We have a detail for that. Headla: So they just left it out?Thatrs the main reason you put have a positive place that we an emergency. Brolrn: Yes, itrs just sothe gate valves exist j.n we the kno w case we of Headla: which way, when you that towards. . . say the gate valve behind each hydrant. Is Brown: Towards the supplying watermain. Headla: On the Option C, I donrt see where vre even should consider it since there are two variances there. I Ehink h,e ought to go r.rith A. Atfirst I didnrt like A but I sure don't like variances and it looks like recommend approval of a variance just because it's kiod of convenient fornow. Is there any overwhelming thing for why we should go with C and not A? OIsen: It provides future street access. Headla: That rnay or may not happen down through a wetland. there to be developed as residential in EhatOlsen: There is area ProPerty. Enmings: There is developable land wesE. Headla: Is that the hray you road going into through there vay? rea I Iyas in see that l andOption C? Is being developed and a that the most log ical Olsen: A developer that I've spoken with was looking at possibly servicing it from the west but it r,rould have to cross a rretland and they wouldn't get staff approval for that. We $rould prefer that itbe serviced from the east. Dennis Story! I'm with William R. Engelhardt and Associates and Irmrepresenting the applicant, Gary CarIson. The applicant is in agreementwith the staffis recommendations. I'11 be happy to ansrder any questions. Planning Commission Meeting March 16, 1988 - Page 53 Headla: I don I t think we ought to go r.ri th Opt j.on CIf we do that werre saying we arenrt really seriousthat ere try to impose on other people. Thatrs aII. and the var i ances . about the numbers Batzli: Same thene, different song. I don,t necessarily agreeimposition of a second access is a hardship. I donrt like tnatat all and for that reason I don't like granting variances andsecond access because I don't think it should be a hardship. Ishould be planned into the site plans being given to the City.question on the difference bet$reen conditions 2 and g. Olsen: There isnrt. One wasjust a repeat. my condition and one was Larry's. Itrs that the reasoning imposing a think it Ihada Batzli: 8 is broader and I like the factin 8. I guess when it comes time to makeclean that up. That was all I had. that it's a motion, disposed of proper IyIrd kind of Iike to Conrad: what alternative do you like? Batzli: I Iike redrawing it without one of the lots somehow to get asecond access. Whether that's to an unimproved thing to the cartway.That seems to be our tune tonight but I don't think it's a hardship. Ellson: So you I re really big and make sayl ng ,it 15 maybe donrt have a separate lot. Just make 7or something 1i ke that? Emmings: Just find a way. This is a passing comment. I always thinkit's funny \^re plan, you take the lots along the highway, they'ie not asdesirable so $re put more people on then. Because ihere's a ioisyhighway, we put more people on those lots and r understand that,-s the wayit goes.but it just seems perverse. We've got to be in favor of aconnection over to the west it seems to me. Theyr re never going to beable to cross that wetrand. That wetland is a connection between takeMinnewashta and Lake virginia, is it not? rt runs all the r^ray throughthere. Theyrre not going to be building over that thing and lhere iigoing to be development to the r,rest. I think thatrs inivitable sor think there should be a connection there. The Fire Department is righthere on this corner and if they had to go anywhere in thit area, thatwould be the way they would vrant to go rather Ehan going all the way upand coming back. r'm in favor of the connection and t igree with Df,vethat vre vrant to stay away f rorn variances, trivial as these are and Iagree r,rith Brian that maybe they ought to just look at it and try anddesign a way to have that connection in there without needing thevariances. I donrt. know if it's impossible. If they,ve triad to do itand they can tell me it's impossible. That's one thing but... Dennis story: we have tried to do it and the size of the lots invorvedjust prohibits f rorn shifting an].more. We tried to shift all the lotsaround to make that additional room there. The area to the west can bedeveloped and have access from the north and fron the northwest withoutan access in this area. This basically is a short cul-de-sac, 5g6 feet.That littre bubbre provides access to those t$ro corner Lots. The rots, Planning Commission Meeting March 16, 1988 - page 54 Erunings: Thatrs what they have but are you saying that erith the streetin, going to the west that's what they would have? Olsen: With the street going in, they could possibly havethat is why staff was saying it might be justified becausedo not meet the requi.rements. 90 feet and right now they Emmings: They donrt? Olsen: No, pushing thj.s easement,no Ehey don' t. into the easement?Emmings: Because you can't measure Olsen: Theyrre pushing these lot lines over to provide for the easementso right now, no I measured into the easement and they still donrt haveit. Emmings: So 4 and 5 are short. right now but if the street when in, thenthey would have sufficient frontage? Dennis Story: Yes, if the street went in, they would. Batzli: I rm sure it's Lots 4 4 and 5, Block 4 and 5. once the street and 5. I shall receive a lot width variance so rras in, only 4 trould be? Olsen: We rough drafted Headla: Lots we're talking Emmings: so there.like this so LoE 5 might both have enough s treet variances because if thestreet frontage prob lem. Batzli: One of them would a street coming in. There $rould be the street frontage Then the street erould be coming ingo straight up like that and 4, then they wouldfrontage. ThaErs rrhy staff was justifying thosestreet goes through, it would be resolved. The be resolved. be.OIsen: Possibly both could as they sit in the Option A, meet the requirements as far as the squarefootage goes and that type of thing. The land to the rrest can bedeveroped by arternate access. so this parcer actuarry stands by itserf.The other parcers can be deveroped to th; west with ac;ess from the north -and northwest. Emmings: WouLd you just point out to me the two lots that needvariances? Would need variances under Option C. O1sen: Lots 4and5. . one of them has 88 feet of frontage at the 30 footsetback and one of them has 80 feet. Planning Commission Meeting March 15, 1988 - Page 55 Dennis Story: Under Option A, it meets the requirenents.C, if the street goes in, it meets the requirements if thesuggested. Under Option line is Conrad: Why didn'E staff Iike B? oI sen :of south,feltliked we We It wast.hat this would become athe configuration of the street configurationstraight through street.Ehe r eal cu rve Conrad: But you're forgetting about the lots and hord many lot,s thereare. If you take that issue out, you stilJ, don't like that roadconfiguration because it's not curvy. Olsen: Thatrs pretty much our position. The engineering staff too. Conrad: I guess from an engineering standpoint, it looks like theeasiest one right there.. They may have to drop a lot but engineeringwise, isn't that the easiesE one to do? Olsen: And a temporary cul-de-sac too, we donrt like. Conrad: But we have that on C right? Isn,t that a temporary cu1-de-sac? Olsen: No, itrs really a permanent cul-de-sac but then theyr ve got aneasement for future roads. Conrad: And werre going to assume that road connection will go throughso then werll have a pretty strange, r.re'I1 have a lumpy road wonrt we?Thatrs always bothered me. To have a cul-de-sac turned into a roadbecause for sure, you've got a big loop. I donrt know what that does. Bro$rn. I think basically from a planning standpoint, they requested usto take a look at the other site plan, aesthetic, whatever, planningissues, the other site pran was preferred. There is no problem with thistype of configuration. Certainly both of them lend themselves from anengineering standpoint as far as right-of-way width, as far as grades andaccess, vrhat have you. I think it boils back down to planning issues andaesthetics. Both of them from an engineering standpoint will achieve theaccess that may need to be facilitated to the cartway. PauI Pal-mer: It just seems like the logical solution was combining B andC. Take the design of C with the extension and use the B where you donrtput the circle at the end of it. Now you've accomplished your objective. You have a circle drive but you donrt put the circle at the end. I agreehrholeheartedly that putting a circle in there with curb and gutter andeverything else and then putting a street through as part of a futurepurpose having a natural development of the land. Anybody that knowsanything about it is going to see $rhat you did and thatts always going tobe that sore spot. plus j.trs going to be a probtem when it comes tobuilding on those lots because of setback requirements. By having a Planning Commission Meeting March 16, 1988 - Page 56 temporary put in you I re after.at an angle Iike that, you could probably achieve what Dennis Story: Typically what is done is the road on the otheralternatives or _options where the road eras extended, the wings oncul-de-sac would be removed and a straight curve would be pul in.tha t Conrad: From anot spot zoning, because . . . zoning standpoint Jo Ann, how do we justify this? It'syou tell us. It's acceptable zoning to change it Olsen: We reviewed it as to whatcompatible with adjacent uses and zonj-ng district permi-ts and is itfelt Ehat it is appropriate. Conrad: And we're not setting a precedent? The density is not realhigh. It looks good in that regard. the we Ol sen : before. No, itrs not. we not setting a precedence. It has been done In terms of the preliminary plat, is there a motion? Olsen: The motion is on that other attachment. Conr ad : EIlson: BatzIi: What do you want to see Brian? For Option A, B or C? EIIson: I think you should make the motion or we get it right. what would you like to see? whatever, so $re make sure Batzli: I didn't get a clear direction on proposal B, first of all,to vrhy it was rejected out of hand. I heard crossfire from the staffkind of. I donrt know, I kind of like B but no one else seems to. as Emmings: Right across TH 7. Conrad: Okay, I'm comfortable with how this particular applicant wantsto develop that property. That looks good. I'm i.n concurrence with thezoning. I think it,s pot luck, I guess I don't know rrhat Eo do on the A,B or C. I donrt have a clear vision and I hope somebody here on thePlanning Commission does. Can make a recommendation for us tonight. Anyother comments? Would somebody Like to make a motion first of all on thezoning issue? If you feel in concurrence $rith that, werd be rezoning itfrom RSF to R-4. Emmings moved, Headla seconded that the planning Commission recommendapproval of Rezoning *88-1, request to rezone 3 acres of RSF, ResidentialSingle Family to R-4, Mixed Low Density as shown on the preliminary platdated Februaxy 22, 1988, Lots 9, LO, 1I and IE. AII voted in favor andmotion carried. Planning Commission Meeting March 15, 1988 - Page 57 Batzli: But it doesn't seem like the developer or theI donrt knor., $rhy I should Iike it because Irm probablyto look at it and decide whether t like it or not fromof view. staff likes it so the least tra i ned an aesthetic point Conrad: stands. HeadIa moved, BatzIi seconded that the planning Commission recommendapproval of Subdivision #88-2 as shown on the preliminary plat stampedfReceived March 3, 1988" (Option B) and street and utility plans as shownon the plans stamped "Received February 22, ]-ggg and subject to thestaffrs conditions. This motion was later lrithdrawn. Headla: I liked B. Anybody want to make a motion now that we kno$, where Brian Headla: A question on the trail easement. When we go up to theparkland, Shorewoodrs parkland, is that h,hat that park and Recreationthing is? Olsen: The Park and Recreation Commission wanted to continue the trailalong Minnewashta parkway. Batzli: Ird like to propose a friendly amendment that we clean up wherethis shed actually is if wetre going with Option B. I think itrs on adifferent Iot number. Gary Carlson: I know I,m not in order with your order of parlimentaryprocedure but I'm the developer on the property, Gary Carlson. I canappreciate that we're wrestling with concerns about the City and staffhas done an excellent job of putting together actually tttree proposaLs. The reason that B was frowned on vras $re, re not trying to set up cityblocks here in a straight Iine devetopment. IErs a small area with only15 lots on TH 7. What Irve tried to do, I own 5 homes in the area andall of then are affected by this plat. I've lived in the area for 17years and I tried to bring together something that wiII be simple, lookthe nicest. I have a Iot of neighbors here supporting me. As they know,I want the nicest neighborhood in the area. It has to be medium piiced because itrs close to TH 7. Itrs not on any range or wild oaks. Whatwe have is a small single block area and nor,, you want us to put thestraight streets through, if I hear thj.s motion. If you prels ahead withB IrIl probably withdrald and not deveLop at this time because yourveruined 1 through 5 as just straight block lots. The pontential forhaving a street all along and no privacy. you do open up to the west butas I say, we,ve been out there for 18 years and nothing has changed. Ifit does, they have a cart$ray and I otn one of the houses on the cartwayand I've given the City a 50 foot easement. I,ve asked the City tomaintain the street. I'm willing to accept assessments to improve thatto a curb and gutter street. There are only two other residents therebesides the park and the park someday has got to have curb and gutter.They canrt go ldith a gravel road forever. The cartlray is the naturalway. Irm willing to go with Option C or Option A rdould be preferabJ.e because it keeps the lots in that small area close to TH 7, it gives the people some privacy. If you go with B with a straight through road, allthose lots are small and see what it does to B. It makes a big squareIot and therers a house on there already. At least a $5g,AgO.g0 house.It.'s way at the back corner of the property whereas on the curvaturedesign, the home can be added to make it up to the medium priced homethat is being proposed. you have to look it what homes ari there andthey're asking me to take down a home. Either demolition it, removing itSo I only have one home per lot. I'm doing all that I can. Right now onthat $rhole parcel , I pay $l-5g.qA in taxes. r,m giving that up. I'mturning over to the City, when those lG lots deveJ.op, the potential between g24,og0.ga and g32,gTg.og in taxes a year. So all I,m asking youto do is look at every Iot owner whors going to own in there. What areyre, as a City doing to provide them with the nicest, privateneighborhood. Taking into consideration for emergency vehicles. Takinginto consideration the property to the west, he onty has a little strip,you can barely get four lots in there. Then you run right into the creekand a huge s$ramp area. So you want me to provide street, walk and out tofour lots. He's going to have to come in with a cul-de-sac to alevelopany\.ray. Hers not going to go through and he's got the cartway whichshould be improved. Itrs got a fire hydrant on there. The $rhole northend of Shorewood has to come down the cartway to get to that firehydrant. Now I have to caII the City of Chanhassen every year to come.Itrs a public cartvray by the way. It's publicly dedicated. We along thecartway pay the same taxes that everybody else in the City does and weget no street maintenance. Conrad: werre trying to, let me jump in here, itts real late. Herers what werre trying to do and I guess we didntt see anything that wasreally perfect up there in the three alternatives. We donrt likevariances. Especially when you have a lot of acres to develop. Gary Carlson: Those variances are only... Gary Carlson: C prov idesstaff has worked together access to the west. to make an aes the t ic Our planner and the city neighborhood and yet Planning Commission Meeting March 16, 1988 - Page 58 Conrad: But when you have 7 acres or whatever you have, you donrt needany. You have enough land Eo put in something without any variances.Really you do. If you're tight and you had one acre or whatever, I think vre can see situations where there are constraints. werre changing thezoning. I think we're sensitive to what you want to do there. I thinkthe way I read the Planning Commission is, not. that we like straightroads. I really like the curve that you had in there before but you didn't solve our problems. The problem being access to the west and youdidntt solve a variance problem. This particular al-ternative, and Irmnot sure what the variances involved in that. I wouldnrt want variancesin that road alignment. I guess I t{ould not be approving that particularplat or subdivision. What I vrant to make sure of is that there arenrt any variances and I r{ant to make sure that Eherers a potential access forthose to the west, unless you can seII us that we dontt need access tothe west. But there's land there and you know that area there fairly r.rel I yourself. I haven't heard a case made that there should be anaccess from some other direction. Planning Commission Meet i ng March 15, 1988 - Page 59 Emmings: I wouldnrt have votedfour var iances.for your motion on B because it included Headla: Lj.ke I just sa j.d, Ilet h im come in again. Batzli: Are you withdrawing your motion? Headla: Yes. Batzli : I I 11 withdraw my second. Emmings: If the applicant doesnrt erant B. Headla: And A doesnrt really fit. Conrad: A doesnrt solve our problem. TheIrve heard is that, you're concerned withon C. think we ought to just table this thing and only alternative is Cthe small variances tc and t r.ro hrhat lots Headla: I dontt think they' some design work that could Headla: I donrt see why ththere. If you plan on a ro VE be has t going right that 1n way. worked C good done there to enough. I think there isfix that up. Ellson: Such as, what do youis that what you're saying?mean? Just move them around or whatever, o be that real curvy roadthrough there and work it ere ad provide an access to the west and c does that. r donrt knoe, why yourrebuilding on B. Headla: From what I hear, B is not an option. Conrad! It may be an option for us but not for the developer. Headra: r think we ought to withdrawn and tabre this thing until we findout what they really want and look for that second road. EIIson: Irm aII for C. f fife the way that you did that especially ifthat road goes through, then you.re rei:.:.y taiking about just one lotvrith that probrem- rtrs not like four variances ind what have you. rnfact, we could take the curve back and eliminate the roor oi a cur-de-sacthat went bad, or whatever. rf you added that tina "i-iiring in theie,---wording, r'd like to see it and go ahead and move ttris aioni rather thanjust tabling it. Emmings: r think what r hear, r wour.d vote for B or c if they eliminatethe variance. Either B or c or some other one that hasnrt been presentedas long as it connected to the west and eriminat"J-tt.-"uiiJnces, r,dvote for it. Planning Commission Meeting March 16, 1988 - Page 6g EIIson: cho i ceswilling I think they've done an type plans before us. Ito do whatever they can. lot. We donr t get theyr ve sho$rn that a lot of three they have been awful thi nk Headla: He withdrew B so rre only have tvro and one of thosevariances and the other one doesnrt fit the Villagers plans.two requi res Olsen: You can approve C $rithout any variances and that would solve j.t. Conrad: If somebody makes a motion for C but eliminates the variances,that would send a signal to the developer that we like the roadconfiguration but that somet,hing has to be done with the Iot lines toeliminate the variances and he would probably have to solve it before hegot to City Council. If he chose not to solve it, City Council couldvote to grant variances. Ellson: You guys werenr t satisified with her reasoning behind allowing this one being whatever see called a hardship, because of aesthetics. Yourre worried that this t{ill set a precedence so People will say, you let it happen on Church Road r.rhereas she seems to have a really good argument where you could say that was the exception because the Church Road instance was thus, thus and thus. Batzli: Itrs not a hardship. I view it as they planned their ovrn hardship. That's not a hardshiP. Ellson moved that the Planning Commission recommend approval of Subdivision #88-2 as shown on the preliminary plat stamped "Received March 3, 1988n (Option C), and street and utility plans as shown on the plan stamped "Received Eebruary 22, L988" and subject to the conditions in the staff report. There was no second and motion faiLed for lack of a second. conrad: And as a part of that motion' you do feel they should be granted the var i ances? EIIson: Yes. BatzIi moved, Conrad seconded that the Planning Commission recommend approval of Subdivision *88-2 as shown on the preliminary plat stamped 'tReceived March 3, 1988 (option C)", and street and utility plans as shown on the plan stamped "Received February 22, 1988" subject to the following conditions: The two sheds on Lot 14, Block I and the street right-of-way and Ehe small one story single family residence on Lot 15, Block I, shall be removed prior to completion of site improvements (i.e., street construction and installation of utilities) . The demolition debris from the home and shed shall be removed, trucked off from the site and disposed of properlY. I Planning Commission Meet i ng March 16, 1988 - Page 51 2. A 2A foot trail easement shall be provided along the west side ofChurch Road and park and trail dedication fees shall be required. 3. The appricant shaIl enter into a deveropment contract with the cityand provide the necessary financial sureties as part of thisagreement for completion of the improvements. 4. All utility improvements shall conform to the City standards forurban construction. 5. The applicant shall obtain and compry with arl conditions required bythe DNR, Watershed District and any other regulatory agencieJ. 5- A gate varve shalr be located three feet, behind each hydrant as inaccordance with the Cityts detail for hydrant construcLion. 7. AIl erosion control measures shall be in place prior to theinitiation of any grading and once in pra-e they sharr remain inprace throughout the duration of construction. The developer isrequired to review erosion contror and make the necessary iepairspromptly. All erosion control measures shall remain intict intiL anestabrished vegetative cover has been produced at which time removalshould be the repsonsi.biLity of the developer. 8. wood fiber blankets or equivalent shal.l be used on arl slopes greaterthan 3 to l. 9. The property utility and drainage easements sharl be provided for theproposed retenti on/sed imentat i on basin rocated at the south of Lots 9and 10 of Block l prior to final plat approval review process. l-s. The sanitary sewer along church Road sharr be installed at a deepenough revel to be able to provide gravity service to the trizzeirand Kerber property. 11. construction of sanitary sewer along church Road sharr take arlnecessary precautions to protect existing city utility and roadwayi.mprovements. L2- Lot 15, Block 2, the driveway access onto church Road shalr be at thenortherry most point to ar1ov, for proper traffic stacking movement. A11 voted in favor and the motion carried. Ellson moved, Emnings seconded that the planning commission recommendapproval of the vfetland Al-teration permit *gg_3 as shown on page I of theprerirninary prat stamped t'iReceived February 22, Lgggn and suujlct to thefollowing condition: 1. There sharr be no consEruction activity beyond the erosion controlfence adjacent to the Class B hretland. A11 voted in favor and rnotion carried. Planning Commission Meet i ng March 16, 1988 - Page 62 PUBLIC HEARING: CONDITIONAL USE PERMIT FOR EOOD PROCESSING FACITITIES IL27,ggU F'OR MCGLYNN BAKERIES, ON PROPERTY ZONED IOP, INDUSTRIAL OFFICE LOCATED IN THE SOUTHWEST CORNER OF TH 5 AND AUDUBON ROAD Conrad: Do we need anything in our motion that refers increment district being approved by City Council? Is sQ. Fr) PARK AND AND SITE PLAN REVIEW FOR FOOD PROCESSING FACILITIES EOR MCGLYNN BAKERIES ON PROPERTY ZONED IOP, INDUSTRIAL OEFICE PARK AND LOCATED IN THE SOUTHWEST CORNER OE TH 5 AND AUDUBON ROAD. Jo Ann Olsen and i tems . Larry Bro$rn presented the staff report on these two to the tax that import.ant? Brown: Yes. Chairman Conrad opened up Ehe meeting for the public hearing. Mark Koegler: Not surprisingty the length of our presentation has beenshrinking. Let me just introduce the people who are here and then werrehere t,o respond to any questions that you mj.ght have. First of all forthe record Irm Mark Koegler with VanDoren, Hazard & StaIIings and with me frorn our firm is Bob Sellers. Our role in the project is projectplanners, engineers and landscape archj tects. The archj.tectural firmthatts involved in the project is Setter, Leach & Lindstrom. DickErickson on the end and Jim in the back. Both are very familiar with thebuilding aspects and will address cirose questions. I guess last but notIeast, certainly not Ieast from our point of view is our cIienE. uichael Mcclynn who is president of McGIynn Bakeries. Michael is very knowledgable, obviously with business aspects. I think between all of us v,re can certainly field any questions you might have. If you'd likefurther clarification on the Arboretum Road thing, we certainly can suPPIy that. Headla moved, Emmings secondedfavor and motion carried. The Emmings: I love it. welcome to addition to our community. Irveit. to close the public hearing. All voted inpublic hearing was closed. chanhassen. I think itrs just a greatgot no questions. I'm all in favor of EIlson: easy to Irm the same way. I read and understand. don't have any questions. I thought it rras I like it too. reta i I outlet so fire lane, was Batzli: I just want to know if theyrre going to have aI can buy rolls. A question for Larry, was the 12 footthat in your condition 5? Do you have that.? Planning Commission Meeting March 16, 1988 - Page 53 Headla: Okay, and our inspector can, hers trained in? To me this wouldbe special that he hasnrt done before in Chanhassen- Bror.rn: At present we have a mechanical inspector on temporary assignmentthat can probably do that, yes. Headla: Okay, so ere can do that andlandscaping. I didn't see anything some of the things they develop. Headla: Theyr ve developed sothere and I look at the erhole Place for that. Thatrs all Iother chemicals that are going them. Mark, you had theour Iandscape Arboretum, tiork there wi th with Mark Koegler: Any of their specific hybrids? Headla: Right. We went through that earlier. Conrad: Four hours ago Mark we were on that subject. many beauti.ful things and erhen I drive bysouthrdest bank, I think what a beautifulhave. I wanted to know. Do you have anyto be used in there? Brown: That was addressed by the public Safety. Batzli: So the second sentence in condition 5... Olsen: Should be removed and it should state that the level 2sprinkling, that it shoul.d provide level 3 sprinkling system throughoutthe building. Batzli: I don.t have any other questions. Headla: On your bulk storage of flour and sugar, do you require specialwiring switches? Michael Mcclynn: For the buLk sugar? Headla: Eor the bulk flour. Michael McGIynn: Different type of wiring? Headla: If there is bulk flour, the first thing I think about isexplos i ons . Michael Mcclynn: possibry there are items on the market such as whatrsnicknamed as the exploded proof wiri.ng. Headla.: Now, if they need that, are our inspectors trained? Do theyknow what to look for and work with the customer on thi.s? Brown: We can certainly add it to a condition. Olsen: It will have to ineet State Code. Planning Commission Meeti ng March 16, 1988 - Page 64 Michael McGIynn: Other than the standard baking ingredients? Headla: Irm not sure whatrs standard.there any particular chemicals that hrillor cleaning? flour and sugar but arethere for either baking You have be used Michael Mcclynn: There certainly are chemicals used in cleaning. Notmany of them are hazardous types. Our sanitation people are trained inthe use of hazardous chemicals but we have very few in our facility. Headla: What kind of hazardous chemicals? Headla: thin9. Thatrs what yourre referring to more just a clean-up type of Michael Mcclynn: Yes. probably not the same astheir proximity to food. the chemical s Iayman wouId. In fac t what a tha t For 'rre us call it's hazardous are because of Brown: I think if you go upstairs in the coffee room of City Hall,therers a label of hazardous chemicals that vre use routinely and they've been labeled hazardous just because they do pose a hazard if misused. It covers a wide range. I understand your concern and I think Ehat apossible area for sEorage or some sort of addressing of this matter may be necessary not knowing what chemicals they are storing. Headla: Yourll look at that t.hen? Brown: We can, yes. Conrad: okay Larry, teLl me what tax increment our proposal at this time? I guess I'm reallyaffects this particular moEion. district has lost in terms do wi th how that to of Brown: First I'I1 explain that the tax increment district wiIl allow thefuture access road that was shovrn in the plans to be constructed and then those assessments may be put against the property and waived due to thetax increment district. I really don't think we need to get into thenuts and bolts of the incrernent district. However, I think Brian workedout an acceptable statement as far as action being taken on th is. Olsen: If you urant, Mark Koegfer can explain it to you. Mark Koegter: Your timing on everything is never perfect and this is a good example. On February 22nd at 4:30 we had to have plans in. At 7r3qthat night the Council met and decided that this is a good candidate fora tax increment site. The only impact that has, first. of all it has noimpact on the site itself. The only impact it has is on the form of the access . What we i ve proposed right nor., is t}:.e 22A f oot, r.rhat we'veinternally called a glorified driveway. Itrs a 35 foot rride City street Michael Mcclynn: The caustic cleaning chemicals or maybe the grease fromour donut frying operation or something Iike that. really but we $rerenrt proposing to dedicate it. Initially it was beingbuilt as a driveway thinking that when the property is platted later,that would be dedicaEed as public street, it would be added to serve thebalance of the property. When the discussion of the upgradj.ng of Audubon Road came into play, that was the nev, hrrinkle at kind of the llth hourand as I said, a decision had to be made at the time the pLans wereturned in. So this assumes that Audubon Road, if itrs going to beupgraded, is simply going to be probably an overlay. Ia's;7 ton roadnow. It wouLd maybe go to a 9 ton. That,s still a viable option. Theother alternative that's being addressed is to put in a full urbansection street. Curb and gutter, street lighting and so forth andimprove that entire stretch from probably TA 5 down to the railroadtracks. If that,s done, certainly some of the utilities along that sameright-of-way corridor as well as the entry road as Larry outlined, couldbe part of the tax increment project as weII which could be a publicimprovement project at that poi.nt done by the city and assessed back tothe property rather than a private improvement project that we're lookingat right now. So it really is simply an issue ot who's going t.o be doin!what. McGIynn I s management has been meeting with Don on severaloccasions and is totally cooperative srith whatever the City wants topursue in that regard. rt's just a matter of not knowing tonight how thetax increment issue is going to sort out. Either way, the .ccess is thesame. Itrs a matter of who does it and who pays for it. Conrad: Thank you Mark. That's a little bit clearer. Okay, now Larry,you tell me what that has to do with the site p).an. Although Iunderstand what Mark just said, do we stirr need that contin6ency in herethaE this site pJ.an is basically approved g j.ving the tax increment? Brown: iie can condition that if the city council creates a tax incrementdistrict for this area, that. the proposed access, the 220 foot access, beextended to the west to the future driveway as shoern on page 2 of theplans dated February 22, LggA. Olsen: Just to further explain our reason for that, and correctIrm rrJrong, is because that extension would also be partially paidthe tax increment district and we would prefer to have that. me iffor by Batzli: The proposed added condition would be that in the event thecurrent tax increment district is approved by City Council, then theapplicant sharr submit plans to the city Engineer for approval for futureroadway access to the eresterly parking Iot access. Headla: Therers not going to be any retail out of this is there? Michael Mcclynn: No. Emmings moved, conrad seconded that the pranning commisison recommendapproval of Conditional Use permit #gg-2 to allow a food processing plantin the IOP District with the following condition: Planning Commission i'tee t i ng March 16, 1988 - Page 55 Planning Comrnission i,teeting March 16, 1988 - page 66 1. Any expansion of the food processingconditional use permit. A11 voted in favor and motion carried. 2 .1 4 5 6. 7 8. 9. Lq. pl-ant would require ano ther BatzIi moved, ElIson seconded that the planning Commission recommendapproval of Site plan #Bg-3 as shown on the plan stamped [Received February 22, L988tt with the following conditions: I The three Hackberrys proposed along the $rest sideshall be replaced with three evergreens at lesat 6 Additional evergreens. at least 5 feet in height,along the easterly boundary of the large employees of Audubon Road feet in height. shall be Park in9 locatedlot. One additional handicapped parking space shall be provided. An elevation of the easterly berm and landscaping used to screen theeasterly trucking area shall be submitted for staff approval prior toissuance of a building permi.t. Fire hydrants shaIl be installed completely around the building and 300 feet apart. Level 3 sprinkling system shall be provided throughout the building. The developer shall enter into a development contract with the City end provide adequate financial, sureties to guarantee properinstallation of these improvements. Wood fiber blankets or equivalent shall be utilized to stabil.ize alldisturbed slopes greater than 3:1. Plans and specifications for the construction of the sanitary sewer,watermain, storm sewer and sanitary services shalI be submitted forapproval by the City Engineer prior to the final site plan review. AII erosion control measures shall be in place prior to t.he conmencement of any grading and once in place shall remain in place throughout the duration of construction. The developer is requiredto review erosion control periodically and make the necessary repairspromptly. AII of the erosion control measures shall remain intactuntil an established vegetative cover has been produced, at whichtime removal shall be the responsibility of the developer. The applicant shal-I obtain permits and comply with all conditions from the DNR, Watershed District and any other appropriate regulatory a9ency. In the eventCity Council, that the current tax increment district is approved bythen the applicant shall submit plans to the Cityapproval for future roadway access to the westerlyEngineer for Parking lot 1r. access. Planning Commission Meeting March 16, 1988 - Page 67 12. The City vrill acceptfoot trail easementdedication fees. park dedication fees in lieu of parkland , a ZOalong the r.rest side of Audubon Road and trail A11 voted in favor and motion carried. Emmings moved, Headla seconded to adjourn the meeting.favor and motion carried. The meeting was adjourned at All voted inI2:50 a.m. . Submitted by Barbara DacyCity Planner Prepared by Nann Ophe im