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08-21-96 Agenda and Packet _immmmnp FILE AGENDA CHANHASSEN PLANNING COMMISSIO] WEDNESDAY,AUGUST 21, 1996, 7:00 P.M. CHANHASSEN CITY HALL,690 COULTER DRIVE CALL TO ORDER PUBLIC HEARINGS 1. Preliminary plat request of Lots 805-811 and Lots 853-859, Carver Beach into two single family lots,and lot area and depth variances on property zoned RSF, and located at 900 Hiawatha Drive, Steven Schmieg. 2. Lotus Realty/St. Hubert's Church, is requesting site plan approval for a 96,288 sq. ft. church and school facility on 8.03 acres and a soccer field on 2.48 acres. The property is included in the proposed Villages on the Ponds project which is requesting a rezoning to PUD and is located east of Great Plains Blvd. and south of Hwy. 5,proposed Lots 10 and 11, Villages on the Pond, St. Hubert Catholic Community. 3. Preliminary plat request of approximately 10.95 acres of property into 2 lots and 1 outlot; site plan review of two office warehouse buildings with an area of 64,000 sq. ft. and 40,600 sq. ft. on property zoned IOP and located in the southwest corner of Dell Road and Hwy. 5, CSM Corporation. 4. Site plan review of an office warehouse building with an area of 16,704 sq. ft. on property 010 zoned PUD-IOP and located west of Audubon Road,south of Chicago,Milwaukee, St. Paul & Pacific Railroad,and northeast of Commerce Drive, Chucks Grinding. lk 5. Preliminary Plat request to replat three lots and three outlots into three lots and one outlot and phasing construction/remodeling of the Entertainment Complex into two phases, in an area zoned BG, General Business and CBD, Central Business District, located north of the railroad tracks, east of Market Boulevard and south of West 78th Street, Chanhassen Entertainment Center, Lotus Realty. OLD BUSINESS 1111 NEW BUSINESS APPROVAL OF MINUTES CITY COUNCIL UPDATE ONGOING ITEMS OPEN DISCUSSION 110 6. Discussion of Cellular Towers Ordinance Amendment. 7. Update on Wetland Laws. ADJOURNMENT NOTE: Planning Commission meetings are scheduled to end by 10:30 p.m.as outlined in official by-laws. We will make every attempt to complete the hearing for each item on the agenda. If,however,this does not appear to be possible,the Chair person will notify those present and offer rescheduling options. Items thus pulled from consideration will be listed first on the agenda at the next Commission meeting. / C I TY 0 F PC DATE: 8/21/96 — I C H A H A S S E N CC DATE: 9/6/96 ' CASE #: 96-16 By: Rask:v STAFF REPORT PROPOSAL: Subdivision request to subdivide a 28,000 square foot lot into two (2) single famil lots,and lot area depth variances I- QLOCATION: 900 Hiawatha Drive(Property fronts on both Hiawatha and Western Drive) APPLICANT: Steven M. Schmieg Anne Myskevitz 2 487 Ridge Lane 900 Hiawatha Chaska, MN 55318 Chanhassen, MN 55317 448-5577 448-9961 PRESENT ZONING: RSF, Residential Single Family ACREAGE: .64 acres (28,000 square feet) DENSITY: 3.12 units/acre ADJACENT ZONING AND LAND USE: N- RSF,Residential Single Family S- RSF,Residential Single Family Q E- RSF,Residential Single Family W- RSF, Residential Single Family Li WATER AND SEWER: Available to the site PHYSICAL CHARACTER: The property contains an existing single family home. A number o% }- trees are scattered throughout the property. 2000 LAND USE PLAN: Low Density Residential E _ 00 0 0 o 0 0 0 00 0 0 0 o 0 0 0 0 — N. 0 ri H ,--I m N 0 0 0 0 0 0 1 ON CO N W 1-4 • Christmas 11111111 IIIIIIPV .m."MOINNIIM aft �' tr � _ No\� � Lake � 1 :awl ' ma im. Llp r��r 611 Ord /111A Siff I ItNitr." '-7711.11. p' .Q - ei r J0 - '' w 0111111r:i 0;..40117.111°., 7.- oh o - Curry v, 4 �Ail ilen � Viuf, i Parma Park111111M1111 S iPheasant d, 1 ark . It a■ 4taviw' 464 , ,,.i� ii 1Ik pl., - � �.4 I. .no III •. rArt. `.IP .1 MIMS .4':''- in irarESELSA MI VAV. ,j las Mir.r.....11.1.11h. -;- 1:,:.:1, lia.Minniliii-LA/4qat.it 4'1;114 i AO--' , 11 ilignmm :MIMI1, Xt"11 Carver llir , ��,� �� IIII1/ �, cs i �� • Beach , imPwarn 3 �� i ''.,'a�i • Park , IlLASOIlla Eil 4.44,S' - Alp ..vrrcripA,- .4.-- ,, 4fi, - .0 41, is c.......i... in, ...1.*. . _ ."3"-m.t Vitt% l'i OMNI AAXiIt , Lace Luc9- ■ g r.b r. * 44 -�1•Ow- !„-- �!� tt �A �4 At /� s :_ 644011110 !i �� eratb- .4. +«�-�::: �,� ,, �.�Tevr ,�� 1111 ' Milli „e es ��ahailliq i=Mead �! �,�� yv. NN j f' X11 Greenwood. .„,....,y---/-- --- i : . . Shor •frAtt 1a}l rk �11111a'4tAl . l • Schmieg Subdivision August 21, 1996 Page 2 PROPOSAL/SUMMARY The applicant is requesting subdivision approval to subdivide a 0.64 acre parcel into two lots. A preliminary and final plat are not required because none of the existing platted lots will be further subdivided. All of the existing fourteen lots are currently recorded under a single property identification number (PID) and are held under common ownership. The applicant is requesting approval to create a second buildable lot by creating an additional lot of record. Subdivision approval is required to separate existing substandard lots of record which have been held under common ownership prior to the adoption of the City's Subdivision Ordinance. The review of the subdivision request is the same as a preliminary plat with the only difference being in the way the properties are recorded. Both lots will require lot area and depth variances. The parcels will be 14,000 square feet in size with 140 feet of street frontage, and 100 feet in lot depth. Minimum lot requirements in the RSF Zoning District are 15,000 square feet in size, 125 feet in lot depth, with 90 feet of street frontage. The subject property is a double fronting lot with frontage on Western Drive and Hiawatha Drive. Access to the newly created parcel will be via Western Drive. No other parcel located between Western Drive and Hiawatha Drive has frontage on two improved streets. Other lots have either one frontage or are double fronted with one frontage on an unimproved street. This unique situation will allow a second home to be constructed without disrupting the character of the neighborhood. All required setbacks will be adhered to. The newly created parcel will create a good transition between the smaller lots to the east and the larger lots to the west. The City's Comprehensive plan shows Carver Beach and the surrounding areas guided for low density residential. Low density residential consists of single-family residential development at a density of 1.2 to 4.0 units per acre. The proposed subdivision will create a density of 3.12 units per acre. The proposed development is consistent with the City's Comprehensive plan and the neighborhood in which it is located. The property will easily accommodate a second home without removing a significant amount of vegetation or negatively impacting adjacent residences. Existing trees will provide a good buffer between existing residences and the proposed home. To ensure that the trees are preserved, staff recommends that a tree conservation easement be granted over Lot 805 (the westerly 20 feet of parcel B), and that tree removal limits be set at a distance of 20 feet from the proposed building pad. Staff recommends approval of the subdivision and variances subject to the findings presented in the staff report. Schmieg Subdivision August 21, 1996 Page 3 BACKGROUND Carver Beach was platted in 1927 and consists of over 3,200 individual lots measuring approximately 20 x 100 feet in size. Over the years, lots have been assembled to create buildable lots. Lot sizes range from approximately 6,000 square feet to over 40,000 square feet. Within 500 of the subject property, there are ten (10) properties which are less than 14,000 square feet in size. Most of these properties are located to the east of the proposed development. The majority of the — lots to the west of the subject property are over the 15,000 square foot minimum. Several of these lots may also have future subdivision potential. However, most of these lots are smaller or have homes situated in such a manner as to make further subdivision difficult. The subject property is unique as it is the only lot located between Western Drive and Hiawatha which has frontage on two improved streets. Hiawatha is unimproved to the west of the subject — property. No other lot has frontage on two improved streets. Other lots have either one frontage or have double frontage,with one frontage on an unimproved street. Section 20-73 of the City Code states that, "no variance shall be required to construct a detached single-family dwelling on a nonconforming lot provided that it fronts on a public street or approved private street and provided that the width and area measurements are at least seventy-five (75) percent of the minimum requirements of this chapter." Because the lots which make up the current property have been held under common ownership, this provision does not apply. However, it is worth noting because the back of this lot would have been buildable without subdivision approval — and variances if it would have remained as a separate lot of record. Parcel B meets the seventy-five (75)percent requirement of this chapter. STREETS/ACCESS The property will be accessed from Western Road which is an existing rural street section. _ The proposed drive is acceptable at its proposed location. SURFACE WATER MANAGEMENT PLAN(SWMP) — OVERVIEW The City has adopted a Surface Water Management Plan(SWMP)that serves as a tool to protect, preserve and enhance water resources. The plan identifies, from a regional perspective,the stormwater quantity and quality improvements necessary to allow future development to take place and minimize its impact to downstream water bodies. In general,the water quantity portion of the plan uses a 100-year design storm interval for ponding and a 10-year design storm interval for storm sewer piping. The water quality portion of the plan uses William Walker, Jr.'s Pondnet — model for predicting phosphorus concentrations in shallow water bodies. An ultimate conditions model has been developed at each drainage area based on the projected future land use, and Schmieg Subdivision August 21, 1996 Page 4 therefore, different sets of improvements under full development were analyzed to determine the optimum phosphorus reduction in priority water bodies. The development will be required to be constructed in accordance with the City's SWMP requirements. Water Quality Fees -The SWMP has established a water quality connection charge for each new subdivision based on land use. Dedication shall be equal to the cost of land and pond volume needed for treatment of the phosphorus load leaving the site. The requirement for cash in lieu of land and pond construction shall be based upon a schedule in accordance with the prescribed land use zoning. Values are calculated using market values of land in the City of Chanhassen plus a value of$2.50 per cubic yard for excavation of the pond. The proposed SWMP water quality charge for single family resident developments is$800 per acre. Water Quantity Fees The SWMP has established a connection charge for the different land uses based on an average city-wide rate for the installation of water quantity systems. This cost includes land acquisition,proposed SWMP culverts,open channels and storm water ponding areas for runoff storage. Single family residential developments have a connection charge of$1,980 per developable acre. Water Quality Fee The SWMP does not propose this site to provide on-site stormwater treatment. SWMP fees are based on a total developable land area of 0.32 acres. Therefore, the applicant is required to pay $256 in water quality fees. Water Quantity Fee The total net area of the property is 0.32 acres as discussed above. Therefore,the proposed development would then be responsible for a water quantity connection charge of$634. These SWMP fees will be due payable to the City at time of final plat recording. LANDSCAPING/TREE PRESERVATION The property contains a mix of deciduous and coniferous trees throughout the property. The future house pad on Parcel B is situated in a manner which should allow for the majority of the trees to be _ saved. To ensure adequate tree protection, staff is recommending that a tree preservation easement be provided over Lot 805 (the westerly 20 feet of Parcel B), and that tree removal limits be set at a distance of 20 feet surrounding the proposed house pad. Other trees are located within required setback areas, and therefore should not be impacted by construction activity. Tree protection fencing will be required during construction to identify tree preservation areas. Several trees will need to be removed or relocated to accommodate the future home,utilities,and driveway. Schmieg Subdivision August 21, 1996 Page 5 GRADING Only minor grading work in the area of the building pad is proposed. The existing lot has several trees of different variety of which it appears at least three will need to be removed to — accommodate the new drive. The proposed location of Type 1 erosion control silt fence shall be shown on the detailed survey or grading plan for approval. DRAINAGE Currently the property sheet drains north into the street (Western Road) and southwest towards — Hiawatha Drive. Any increase in runoff due to increased impervious surfaces from driveway and roof surface areas will be negligible. Due to the limited amount of grading work proposed, the overall neighborhood drainage pattern will be maintained as it exists today. UTILITIES — The proposed lot subdivision is located within the Municipal Urban Service Area (MUSA). Water and sanitary services were not installed to this lot at the time of utility construction. Therefore,both water and sewer services will need to be extended to the property line by the City. The applicant will be responsible for sewer and water hookup fees plus the cost of extending the services to the property line. An escrow account in the amount of$3,500 shall be — supplied to the City to guarantee payment for extending the services and repairing the street. Currently,the sewer and water hookup fees are$1,115 and $1,460 respectively. FINDINGS 1. The proposed subdivision is consistent with the zoning ordinance; — Finding: Lot area and depth variances are required on both proposed lots. Both lots will have direct access onto an improved public street. The new lot can easily — accommodate a single family home while maintaining required setbacks and preserving the natural vegetation. Staff has recommended conditions to mitigate any negative impacts. — 2. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; — Finding: The proposed subdivision is consistent with applicable plans. The City's Comprehensive plan has the property guided for low density residential (1.2 - 4.0 — units/acre). The proposed subdivision is at a density of 3.12 units per acre Schmieg Subdivision August 21, 1996 Page 6 3. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; Finding: The proposed site is suitable for development subject to the conditions specified in this report. 4. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; Finding: The proposed subdivision is served by adequate urban infrastructure. 5. The proposed subdivision will not cause environmental damage; Finding: The proposed subdivision will not cause environmental damage subject to conditions if approved. 6. The proposed subdivision will not conflict with easements of record. Finding: The proposed subdivision will not conflict with existing easements, but rather will expand and provide all necessary easements. 7. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a. Lack of adequate storm water drainage. b. Lack of adequate roads. c. Lack of adequate sanitary sewer systems. d. Lack of adequate off-site public improvements or support systems. Finding: The proposed subdivision is provided with adequate urban infrastructure. VARIANCE FINDINGS The city council may grant a variance from the regulations contained in this chapter as part of the plat approval process following a finding that all of the following conditions exist: 1. The hardship is not a mere inconvenience; 2. The hardship is caused by the particular physical surroundings, shape or topographical conditions of the land; Schmieg Subdivision August 21, 1996 Page 7 3. The condition or conditions upon which the request is based are unique and not generally — applicable to other property; 4. The granting of a variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of this chapter, the zoning ordinance and comprehensive plan. Findings: A unique situation exists with the subject property having frontage on two public streets. Parcel B will easily accommodate a future single family home while — maintaining applicable setbacks and preserving the existing vegetation. The granting of the variances will not be substantially detrimental to the public welfare, and is consistent with the purpose and intent of the subdivision ordinance, zoning ordinance, and the city's — comprehensive plan. RECOMMENDATION — Staff recommends that the Planning Commission adopt the following motion: "The Planning Commission recommends approval of the subdivision and lot area and depth variances based on the findings presented in the staff report and subject to the following conditions: 1. A tree conservation easement shall be granted over Lot 805. Tree removal limits shall be set at 20 feet from the proposed building pad. A tree removal, erosion control, and drainage plan shall be submitted at the time of building permit application for Parcel B. — 2. Full park and trail fees shall be paid at the time of building permit approval in the amount in force at the time of building permit application for Parcel B. — 3. The existing fence shall be relocated onto Parcel A or removed from the property. 4. The deck on the existing home shall be removed to comply with the 30 foot rear yard setback requirement. 5. The applicant and/or contractor shall notify the City upon encountering any existing drain tile on the site. The City will determine whether or not the drain tile can be abandoned or relocated. 6. The applicant will be required to clean the streets of any dirt and mud accumulated from vehicles tracking. Erosion control measures shall be in place and maintained at all times — until the site has been fully restored, re-vegetated, and removal is authorized by the City. Schmieg Subdivision August 21, 1996 Page 8 7. All areas disturbed as a result of construction activities shall be immediately restored with disc- mulched seed ,wood fiber blanket,or sod within two weeks of completion of grading in accordance with the City's Best Management Practices Handbook. 8. The applicant is responsible for water quality fees of$256 and water quantity connection charges of$634 as per the City's SWMP plan. 9. Construction hours shall be from 7:00 a.m. to 7:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday. No construction activity shall take place on Sundays or holidays. 10. An escrow shall be submitted to the city in the amount of $3,500 to guarantee payment for extending utility services and repairing the street." ATTACHMENTS: 1. Application dated June 14, 1996 _ 2. Letter from the applicants dated July 19, 1996 3. Letter from adjacent property owner dated August 2, 1996 4. Proposed home elevations 5. Memorandum from Phillip Elkin and Anita Benson dated August 13, 1996 6. Plat Map of Carver Beach and surround area 7. Survey of Property 8. Public hearing notice and property owner list CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION APPLICANT: -/-evert !" I. cc c_A M r e OWNER: A h e fr�y� /6 /1.?— ADDRESS: 4f- 7 JP:'rt f e L t ADDRESS: yah /1,:a. 1J71Acc, — �; ms /1A/ ,sc/ G R Q ss e.1 /1/1/ 55-3/7 TELEPHONE (Day time) If"TD — LC757 7 TELEPHONE: `t q, ,c- t Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit Vacation of ROW/Easements Interim Use Permit Variance Non-conforming Use Permit Wetland Alteration Permit Planned Unit Development* Zoning Appeal Rezoning _ Zoning Ordinance Amendment Sign Permits Sign Plan Review , Notification Sign jS0 • Site Plan Review* X Escrow for Filing Fees/Attorney Cost** ($50 CUP/SPRCNAR/WAP/Metes and Bounds, 400inor SUB) Subdivision* jks.of- •-/— J TOTAL FEE$9— A list of all property owners within 500 feet of the boundaries of the property must be included with the application. Building material samples must be submitted with site plan reviews. *Twenty-six full size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy of transparency for each plan sheet. ** Escrow will be required for other applications through the development contract NOTE-When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME ll �I LOCATION f7�/ �! . a L.,L% (L7 ► _ 6- r_ C a ti S SC'ft-- LEGAL DESCRIPTION L OSS cRO g// L c4-c4s s 3 8 5 1 Cartier feaclk. TOTAL ACREAGE /'7-0 / X O 0 ` 6 WETLANDS PRESENT ` YES NO PRESENT ZONING �5��/C' /"Gs t-t_r le,5,- REQUESTED ZONING ri n C_L \.j ee PRESENT LAND USE DESIGNATION �c�‘� c`1 y of REQUESTED LAND USE DESIGNATION ;rin c a( 4 Q REASON FOR THIS REQUEST /A' 5/1 r T , 61 r vtT D / io b t 1 y V .5 r , P ec1 u'] e�'t 4/1e ex(5�'flf �t�xt5e (-C6 Llu;/4 ,- t 'O LL# ha /T This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with — all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person _ to make this application and the fee owner has also signed this application. 1 will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. — The city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day extension for development review. Development review shall be completed within 120 days unless additional review extensions are approved by the applicant. - Signature of Applicant Date L co— - Signature of Fee Owner Date /f� Application Received on WIL -/C7( Fee Paid "7(7--y . Receipt No.,n T The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. if not contacted, a copy of the report will be mailed to the applicant's address. July 19, 1996 City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 Re: Subdivision of Lots 805 - 811 and 853 - 859, Carver Beach Dear Planning Commission and City Council: As a Realtor I am aware how important neighborhood conformity is. Even though the proposed site is less than the current 15,000 sq. Ft. minimum, it is larger than many lots in this area. The property next door is only 12,000 sq. Ft., as are several others. The existing house was built in 1958 on the southerly one half of the parcel with the intention of one day building another house on the northerly one half. Currently there is a fence dividing the lot into two, making it very obvious that a vacant lot exists for a future building site. The proposed house will be very attractive in appearance and constructed with a maintenance free exterior so it will remain attractive for years to come. The site is currently overgrown and does not appear well groomed. By building a new home on this site it would improve the general appearance of the site improving the neighborhood. The City of Chanhassen is in need of affordable housing that this would provide. New construction at $130,000 is almost unheard of in Chanhassen, yet this is realistic and it would conform to the existing neighborhood. I think this will be a positive addition to the City and neighborhood as well. — While trying to sell the property (as is), I have received as many calls inquiring on the vacant lot as for the existing house. This indicates to me that the need for the site and the natural split is obvious. This site happens to be the last parcel with a road and utilities on either side for entering the property, (Hiawatha Dr & Western Dr), unlike those to the West, again making this a natural split. I realize neighbors are always concerned about changes to their neighborhood. I believe very strongly that this will be a positive change to the neighborhood and after it's completed everyone will be pleased with the end result. The house will be placed on the lot so only two trees need to be taken. After — trimming the existing trees and cleaning up the lot it will be a pleasing addition to the neighborhood. The existing house is in need of some repair that will also be done after the new house is complete to again improve the overall picture. I am looking forward to working with the City of Chanhassen on this project and to provide someone with a new home in this attractive Chanhassen neighborhood. Sincerely, Steve Schmieg & Anne Myskevitz Ward August 2, 1996 Dear Ms. Kate Aanenson: I understand the property on 900 Hiawatha has been identified as a future site for a new home after a subdivision is made. I am a home owner located directly across from that site. When the Planning Commission sign was posted on the lot, I called the office for details. I was informed of the situation involving the home owner and Realtor with hopes of getting a variance from the Planning Commission and City Council. I also understand the Realtor is planning to rent the new home he would like to build on the future Western Drive location. This causes great concern for me. I just purchased my home in April on Western Drive and have found my move very rewarding. I chose this location because of the quiet, established, upstanding community. If we have renters in this location, I believe our property value may go down over time because of poor upkeep. You must take in consideration the level of care and concern from renters vs. owners. I am aware the property is lacking 1000 feet or more in order to be within city code for building, therefore asking for a variance. It is a very small lot to place a home comfortably on. When I purchased my home, I was attracted to all the large lots surrounding my home, including the wooded lot straight across the road. My view is beautiful! If a variance is granted, what will happen to future homes which may be sold in this location? When I called for this information, I was informed of a letter to be sent to me and all residents surrounding the property within 500 feet. I yet to see this letter and truly hope no decisions have been made. The surrounding neighbors also have the same concerns and are waiting to hear for more information. I sincerely hope this is not a matter only concerning money. It should involve the concerns of the surrounding property owners first and foremost. Please call or write with further information as soon as possible. Thank you for your time. Sincerely, OdJDC -- Gayle Odette 900 Western Drive Chanhassen, MN 474-8559 RECEIVED !AUG 0 5 1996 CITY OF CHANHASSEN 1•• - • ' ,. . .;•4v'••• ''''-- '''J..,' ''' '':- " '''' / . 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BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: John Rask - Planner I FROM: Phillip Elkin, Water Resources Coordinator Anita Benson, Project Engineer DATE: August 13, 1996 SUBJ: Review of Preliminary Plat- Lots 805-811 and Lots 853-859, Carver Beach Located at 900 Hiawatha Drive Upon review of the site survey documents prepared July 15, 1996 by Allan R. Hastings, we offer the following comments and recommendations: WETLANDS The applicant has indicated on the plan sheet that no wetlands exist on this site. The City's Surface Water Management Plan Wetland Inventory and a site visit by City staff verify this finding. SURFACE WATER MANAGEMENT PLAN(SWMP) OVERVIEW The City has adopted a Surface Water Management Plan(SWMP)that serves as a tool to protect, preserve and enhance water resources. The plan identifies, from a regional perspective, the stormwater quantity and quality improvements necessary to allow future development to take place and minimize its impact to downstream water bodies. In general,the water quantity portion of the plan uses a 100-year design storm interval for ponding and a 10-year design storm interval for storm sewer piping. The water quality portion of the plan uses William Walker,Jr.'s Pondnet model for predicting phosphorus concentrations in shallow water bodies. An ultimate conditions model has been developed at each drainage area based on the projected future land use,and therefore,different sets of improvements under full development were analyzed to determine the optimum phosphorus reduction in priority water bodies. The development will be required to be constructed in accordance with the City's SWMP requirements. Water Quality Fees -The SWMP has established a water quality connection charge for each new subdivision based on land use. Dedication shall be equal to the cost of land and pond volume needed for treatment of the phosphorus load leaving the site. The requirement for cash in lieu of John Rask 900 Hiawatha — August 13, 1996 Page 2 land and pond construction shall be based upon a schedule in accordance with the prescribed land use zoning. Values are calculated using market values of land in the City of Chanhassen plus a value of$2.50 per cubic yard for excavation of the pond. The proposed SWMP water quality charge for single family resident developments is$800 per acre. Water Quantity Fees The SWMP has established a connection charge for the different land uses based on an average city-wide rate for the installation of water quantity systems. This cost includes land acquisition,proposed SWMP culverts,open channels and storm water ponding areas for runoff — storage. Single family residential developments have a connection charge of$1,980 per developable acre. Water Quality Fee The SWMP does not propose this site to provide on-site stormwater treatment. SWMP fees are based on a total developable land area of 0.32 acres. Therefore,the applicant is required to pay $256 in water quality fees. Water Quantity Fee The total net area of the property is 0.32 acres as discussed above. Therefore,the proposed development would then be responsible for a water quantity connection charge of$ 634. These SWMP fees will be due payable to the City at time of final plat recording. GRADING Only minor grading work in the area of the building pad is proposed. The existing lot has several trees of different variety of which it appears at least three will need to be removed to accommodate the new drive. The proposed location of Type 1 erosion control silt fence shall be shown on the detailed survey or grading plan for approval. DRAINAGE — Currently the property sheet drains north into the street(Western Road) and southwest towards Hiawatha road. Any increase in runoff due to increased impervious surfaces from driveway and roof surface areas will be negligible. Due to the limited amount of grading work proposed, the overall neighborhood drainage pattern will be maintained as it exists today. UTILITIES The proposed lot subdivision is located within the Municipal Urban Service Area (MUSA). John Rask 900 Hiawatha August 13, 1996 Page 3 Water and sanitary services were not installed to this lot at the time of utility construction. Therefore, both water and sewer services will need to be extended to the property line by the City. The applicant will be responsible for sewer and water hookup fees plus the cost of _ extending the services to the property line. An escrow account in the amount of$3,500 shall be supplied to the City to guarantee payment for extending the services and repairing the street. Currently, the sewer and water hookup fees are $1,115 and$1,460 respectively. STREETS The property will be accessed from Western Road which is an existing rural street section. The proposed drive is acceptable as it does not exceed the maximum 10% grade requirement. RECOMMENDED CONDITIONS OF APPROVAL 1. The applicant and/or contractor shall notify the City upon encountering any existing drain tile on the site. The City will determine whether or not the drain tile can be abandoned or relocated. 2. The applicant will be required to clean the streets of any dirt and mud accumulated from vehicles tracking. Erosion control measures shall be in place and maintained at all times until the site has been fully restored, re-vegetated, and removal is authorized by the City. 3. All areas disturbed as a result of construction activities shall be immediately restored with disc-mulched seed , wood fiber blanket,or sod within two weeks of completion of grading in accordance with the City's Best Management Practices Handbook. 4. The applicant is responsible for water quality fees of$256 and water quantity connection charges of$ 634 as per the City's SWMP plan. c: Charles Folch, Director of Public Works g:\eng\anita\pc\900hiaw.doc • ij ... ` {:; :'.^� +w. Yds •01....... �. M� 9 ji`C, — r 1 < i • S. o • ` 1 �ay�tf f . 4,..".0.,� :-�Vf' . or -=.1.-- ` /v ...... 'ay � O !1� c/�� doCL O _0J 3^!a 11 lluii $$'$.V5 `,• ��i-: i 161. NOP 1`411dom k Isops.0.20 ill. IIP.i.lvgraiiiiiiii *oat alp lijoi _ CORRECTIONi",,I. 411111 �■.11 ��t�• _ l itt. Ay/ trew vribt 40:70.1.7rir.1.-A • 0 sty wi in mato NOTICE OF PUBLIC 1:16:4 �►:4fIlltati; :a i�l��i=!� ''��. •HEARING :^illiTi ►:i +:1►/►mi��A IA iii irk PLANNING COMMISSION ■ 6;11,■■■■ i •,T1i � ! C�, weir MEETING d■ ■�11I �T �-... 4 in Wednesday, August 21, 1996 401 t Al n�j1111E:11111 i0s «;�; 1 4111111b Ila at 7:00 p.m. untecic ot,.tea:. mpai mt;: .. City Hall Council Chambers fri°s�-�-: ♦•. � //_11::1 *-t �b� *1.4.1b- fluurIVIEPP ,=f�J'► 690 Coulter Drive 01111 i �Ci • S �le.�M,,,,,iii 0 00•• ali ‘ iiiimi Va i ..: , 4■—.�■.,-. ,i��.,ra — Pro ect: Preliminar Plat f.U.! 7.-',4-6---->. r•.•� ��i��ili► am imam 0/■■ ao IN %t=-=/:ua%��•ovr:in ■ME■ :5i„ :c�i111111tN�►�11�� slip ■at `u� _ Developer: Steven Schmieg -:IrRif if IC IN% 0 �� ',i, i' iii. 111111k 014,.;= i'o`i Location: 900 Hiawatha Drive �nmtttuuv ��1s ::1 i► ; � gip ��, 1 IIIIIIIItA • 41 Keith Peterson Kenneth Morrill Jeffrey Braiedy _ 4550 Co. Rd. 44 860 Hiawatha Dr. 850 Western Dr. Excelsior, MN 55331 Chanhassen, MN 55317 Chanhassen, MN 55317 David Santella Gayle Odette Steven Ray 881 Western Dr. 900 Western Dr. 920 Western Dr. — Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Mathias Jacobs Gregory Peppersack David Cook 921 Western Dr. 940 Western Dr. 941 Western Dr. Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Donald Zalusky Henry Dimler Willard Shoberg 960 Western Dr. 961 Western Dr. 980 Western Dr. Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 _ Paula-Malm-Austin Ernst Hermann Leonard Dusoski _ 990 Western Dr. 991 Western Dr. 1000 Western Dr. Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Wallace Christensen Gerald Boucher Joseph Newstrom 1001 Western Dr. 1020 Western Dr. 1040 Western Dr. — Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Jeffrey Felt John Muchow Walford Schwab 895 Carver Beach Road 901 Carver Beach Rd. 950 Carver Beach Rd. Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 — Robert Nelsen Kermit Austad Thomas Redwing, Jr. 970 Carver Beach Rd. 980 Carver Beach Rd. 990 Carver Beach Rd. Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 _ Ralph Swanson Arlee Mueller Jeffrey Clem — 1000 Carver Beach Rd. 1001 Carver Beach Rd. 1011 Carver Beach Rd. Chanhassen, MN 55317 Chanhassen;MN 55317 Chanhassen, MN 55317 Larry Schroers Thomas Tegen Stephen Krueger — 1020 Carver Beach Rd. 6641 Nez Perce 6661 Nez Perce Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Nicolette Randall Ernie Keefer Daniel Woitalla 6680 Nez Perce Dr. 6681 Nez Perce Dr. 6689 Nez Perce Dr. Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 — Steven Hayes Betty Johnson Michael Huigens 6690 Nez Perce Dr. 6694 Nez Perce Dr. 6711 Nez Perce Dr. Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Albert Otterdahl Andy Borash Robert Huntley — 6715 Nez Perce Dr. 6725 Nez Perce Dr. 6735 Nez Perce Dr. Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Paul Hanson Stephen McKinnon James Duchene 921 Lake Lucy Road 941 Lake Lucy Road 961 Lake Lucy Road —Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Todd Lantto Bradley Johnson Karen Green 981 Lake Lucy Road 1001 Lake Lucy Road 1021 Lake Lucy Road —Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 —Daniel Schrempp Rodd Johnson 1041 Lake Lucy Road 1061 Lake Lucy Road Chanhassen, MN 55317 Chanhassen, MN 55317 • 61D0 a10K, SUEFoa ( R.,„,sE„aE,IVIRuelol.� E ,k)VE�E�0,. Ate, '. SQ.\ I EC� WE STERN U i II LAuea. 909.1 :. µt oats • 91Z.') a►x 140 X00 � l 1>z�,� i, 12' � �, :r.. _ 913.4{ — `�o leek .� Ar:'t cua � ,��7 w 'T� 5ry1At.t. � O A Olt ,, ., _ , z l Z Yl � Pay � r _ .„ -.7,,,. . e . 1Qi `R / 1 ( t, `,5 OA �-Il 14''Rw �\ gi14.b i 1 , 1 ,c e _ w.., ---...0-„. .‘ // ..-- ,, „<„,,, • , , . ,i, pi. .NE ,7C J • / 0 , h • Ci i i . , , &. dig VD .. \ • - C i \ 0 .— 1 14).WOW' 401611111 , I u . te1 ito , \i,. Lc, by IRS Lil L K K PE,AIC.F ippit:,-7�,00 PLAT A f\A"11 , l� vix4,� • 1Lo �, 1 , sro.� ( G ,� ,,,,1H\6,./,p,;,,, icr.v r°1-. P _____, IP k ' /..° Vi- _c.,AolP <2)0447_,4,g/ .3 iSK ', 4G iS'01' as o, ,P / 1God o sSn ? Eu \ . rh,, ,i,�ix;34 j, ei :q 1Dp I.d LI I 110.00 + . A 1 , Q- l0,� irt eS fel's � I I I ' 11 I _ ,fi' — 1 Tp I. 140.00 RAT 4 M EAS. -ro�1=91Z.b EAX-4,=907.3 1;'10,z 911.3 H1 PkwAT 1.4 A R'oAa(KwGRoRe) Lvstraiv1010uS SgutFINcE 3 C 0\1 Q, f‘, i r n, n -:- 2_0 Cai-- C I TY 0 F PC DATE: August 21, 1996 . I C H A N H A S S E N CC DATE: September 9, 1996 . CASE #: 96-11 SPR By: Generous:v STAFF REPORT PROPOSAL: Site plan approval for a 96,288 sq. ft. church and school facility on 8.03 acres and a soccer field on 2.48 acres. The property is included in the proposed Villages on the Ponds project which is requesting a rezoning to PUD, St. Hubert Catholic Community. LOCATION: East of Great Plains Blvd. and south of Hwy. 5, proposed Lots 10 and 11, Villages on the Pond APPLICANT: St. Hubert Catholic Community Dave Bangasser, Opus 7707 Great Plains Boulevard 700 Opus Center Chanhassen, MN 55317 9900 Bren Road East (612) 934-9106 Minnetonka, MN 55343 PRESENT ZONING: RSF, Proposed PUD as part of Villages on the Ponds ACREAGE: 8.03 acres and 2.48 acres '- ADJACENT ZONING AND LAND USE: N - IOP/RSF, Proposed PUD, Villages on the Ponds S- RSF, Proposed PUD, Villages on the Ponds E - RSF, single family homes W- IOP, Proposed PUD, Villages on the Ponds Q WATER AND SEWER: Available to the site L 1-3 PHYSICAL CHARACTER: The site includes the highest point within the Villages on the Pond5 project with an elevation of 972 feet located along the eastern property line. The site slopes to the west and south from this point The site is heavily wooded except where the existing Great Plains �) Boulevard bisects the property. 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DRIVE •akt -FRISCO w V4 m Atm IIM, Ell .. VA NI .., -',24' ... IF 2 COURT Z -1 . 12(ttrj cr ?0 ounitV.,-. -.-----______ 11111111 0,0.' • lat, fio, obil, U-I 40 't"';fse• AI F‘ • 1 wirta 0 *kb,. t, 4 Mit * •••/1,e Z!nos wal Sh:::,_ • IN raiM 1 '"eiril = --it----111... -saiim....zes. toi .... -0— gelp iiiiiiiip ImmlotrAFI5eLANKm HAt:s 0,1„0,10, 4., ilb. .IPUL 'Im 1 %., _ ,e'vW-r...killuillikimit,itt-,. EAST •-•- ' %•°' 01 0 :V 11t1 4111111.110 im I - .* 44..a.ry A r.: _Aa,- itAt V. ;JR )1 / SE 4,_-e Arita -- • ___. pio• 1.4- or ...... Iva C 0 URT Oc, for'll 110 17.! .....'"-`- i._1-, illte WM MC WI III/ ,-** . p ..,, -. "If itrAtUroul*- 4111016" ,-- 7P — ; * '''' •• # ,10"F _, - , ...-- : St. Hubert Catholic Community August 21, 1996 Page 2 PROPOSAL/SUMMARY The applicant is requesting site plan approval for a 96,288 sq. ft. church and school facility, St. Hubert Catholic Community, on 8.03 acres and a soccer field on 2.48 acres. A 30,000 square foot expansion is envisioned as part of the ultimate plan for the site. It should be noted that the potential future expansion area encroaches into the required 50 foot building setback from the eastern property line. The property is included in the proposed Villages on the Ponds project which is requesting a rezoning to PUD. Staff is still concerned about the location of the soccer field on Lot 11. As proposed, the soccer field grading fills additional wetlands on site in addition to removing the tree canopy coverage and wildlife habitat. Staff is recommending approval of the site plan with conditions in the staff report and subject to the final PUD agreement for Villages on the Ponds. BACKGROUND The proposed development is included in the Villages on the Ponds project which received _ conceptual PUD approval on December 11, 1995. Villages on the Ponds received preliminary PUD approval on August 12, 1996. GENERAL SITE PLAN/ARCHITECTURE The predominant building material will be brick. The main church structure will be a tan brick. The school portion of the building will be constructed of a darker, rusty brown colored brick. The two brick colors are used to differentiate between the Worship or parish areas of the building and the educational or school areas of the building. Both colors of brick will be accented with the other color to tie the complex together while still expressing the unique functions. If the budget allows, a buff/pink Mankato stone will be used as an accent to the brick at the base of the bell tower, the circular school library, and the entry columns at the trellises. The trellises, which are located at the south and east entrance walkways,will be built of cedar with a brown stain. The roof of the church, which represents approximately one-third of the roof area, is sloped, while the roof of the school is flat surrounded by parapet walls. The roof of the church will be wood shakes. Either copper or coated aluminum, depending on the budget,will be-used at the edge where the wood shake roof meet the brick wall. The same material will be used at the bell tower and at the lantern on top of the wood shake roof. The areas of the lantern, lighted from within, will be translucent fiberglass panels. The copper or coated aluminum metal will also be used at all roof edges, including the projecting cornices at the Narthex and school library. Windows and doors at significant entrance points will be aluminum anodized a light bronze color. St. Hubert Catholic Community August 21, 1996 Page 3 — As part of the PUD, the applicant is required to incorporate street furniture in the plaza area west of the church. This could be accomplished through the use of raised planter boxes, benches, artwork, etc. In addition,bicycle racks should be provided within the project. A minimum of 50 percent of the parking for the St. Hubert Catholic Community must be provided through shared parking agreements. Cross access easements and the joint use of parking facilities shall be protected by a recorded instrument acceptable to the city. — As part of the Villages on the Ponds Development, Design Standards have been established for subsequent development of the individual properties. DEVELOPMENT DESIGN STANDARDS a. Intent - The purpose of this zone is to create a mixed use PUD consisting of commercial, institutional, office, and residential uses. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. All utilities are required to — be placed underground. Each lot proposed for development shall proceed through site plan review based on the development standards outlined below. b. Permitted Uses The permitted uses in this zone should be limited to uses as defined below or similar uses to — those as listed in the Standard Industrial Classification. If there is a question as to the whether or not a use meets the definition, the Planning Director shall make that interpretation. No single - retail user shall exceed 20,000 square feet on a single level of a building. A maximum of thirty- three (33) percent of the square footage of the retail users within the development may be of a "big box"category. The intent of this requirement is to provide a variety of users, including small retail shops, service providers, coffee shops, cabarets, etc., for residents of the Villages as well as the community as a whole, rather than typical suburban type large, individual users dominating the development and detracting from the"village"character. Retail users should be those that support and compliment the residential development located within the development, — providing goods and services which enhance residents of the village and the community. Office. Professional and business office,non-retail activity except for showroom type — display area for products stored or manufactured on-site provided that no more than 20 percent of the floor space is used for such display and sales. — bank/credit union St. Hubert Catholic Community August 21, 1996 Page 4 finance, insurance and real estate health services - except nursing homes and hospitals engineering, accounting, research management and related services legal services Personal Services. Establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel. dry cleaning beauty or barbershop shoe repair photographic studio tax return preparation laundromat health club optical goods computer services day care center copying mail stores Institutional. Establishments that are public/semi-public in nature. church library education services day care art gallery dance studio cultural facility Commercial/Retail. Establishments engaged in commercial operations including retail sales and services and hospitality industries. Apparel and Accessory Stores shoe stores electronic and music store and musical instruments restaurant- no drive through restaurant- fast food only if integ?ated into a building no freestanding fast food and no drive through drug store/pharmacy St. Hubert Catholic Community August 21, 1996 Page 5 — book/stationary jewelry store — hobby/toy game gift novelty and souvenir sewing, needlework and piece good — florist camera and photographic supply art and art supplies, gallery sporting goods video rental food stores including bakery and confectionery hardware store computer store — hotel/motel entertainment liquor store — pets and pet supplies home furnishings Residential. Residential units shall be provided as upper level units above the commercial/office uses within the village core and as stand alone units. A minimum of 50 percent of the residential units shall be rental units. Of the rental units,the city has adopted — a goal of 35 percent of the units meeting the Metropolitan Council's affordable criteria. For the ownership housing,the city has adopted the goal of 50 percent of the units meeting the Metropolitan Council's affordable criteria. — Prohibited Uses: auto related including auto sales, auto repair, gas stations c. Setbacks — In the PUD standards, there is the requirement for landscape buffering in addition to building and parking setbacks. The following setbacks shall apply: Building Parking Great Plains Blvd.: Buffer yard& Setback C, 0' 0' Market Blvd.: Buffer yard& Setback C, 50' 20' Hwy. 5: Buffer yard & Setback B, 50' 20' St. Hubert Catholic Community August 21, 1996 Page 6 Interior Side Lot Line: Buffer yard& setback NA, 0' 0' East Perimeter Side Lot Line (adjacent to D, 50' 50' residential): Buffer yard & setback West Perimeter Side Lot Line (adjacent to B, 50 20 industrial): Buffer yard & setback Buffer yards are as specified in the City of Chanhassen Landscaping and Tree Removal Ordinance, Article XXV. No fences shall be permitted between the required landscape buffer and arterial and collector roads. d. Development Site Coverage and Building Height 1. The PUD standard for hard surface coverage is 70% for the overall development. Individual lots may exceed this threshold, but in no case shall the average exceed 70 percent.. 2. More than one (1)principal structure may be placed on one (1)platted lot. 3. The maximum building height shall be Sector I - three stories (with residential loft)/50 ft. (retail and office buildings without residences above shall be limited to two stories/30 feet), Sector II -three stories/40 ft., Sector III-three stories/40 ft., exclusive of steeples and bell towers, and Sector IV- four stories/50 feet 4. The maximum building footprint for any one building shall be limited to 20,000 square feet without a street level break in the continuity of the building, e.g., pedestrian passageways, except for the church and residential only buildings. 5. The following table shall govern the amount of building area for the different uses: Commercial/ Office/Service Institutional Dwelling TOTAL sq. ft. Retail (sq. ft.) (sq. ft.) csq. ft.) Units Sector I 114,500 70,500 @ 0 154 185,000 Sector II 60,000 * 14,000 0 0 74,000 Sector III 0 0 100,000 0 100,000 Sector IV 0 32,000 @ 0 112 @ 32,000 TOTAL 174,500 116,500 100,000 266 391,000 St. Hubert Catholic Community August 21, 1996 Page 7 — @ As an alternative, the office/service could be increase by 13,000 square feet in Sector I if the 32,000 square foot office building is deleted in Sector IV and replaced with 56 additional — dwelling units. * Includes 47,200 square foot, 106 unit motel. — Building square footages may be reallocated between sectors subject to approval by the Planning Director. Building square footages may be reallocated between uses subject to approval of the — Planning Director. However, the reallocation of building square footages between uses shall only be permitted to a less intensive use, i.e. from commercial to office or institutional, or from office to institutional. In no instance shall more than 27,000 square feet of addition institutional — building square footage be reallocated without an amendment to the PUD. e. Building Materials and Design — 1. The PUD requires that the development demonstrate a higher quality of architectural standards and site design. The intent is to create a pedestrian friendly, "traditional" village character consistent with the European heritage of the upper midwest and the atmosphere within this development, yet with the amenities and technological tools of modern times. The village elevations shown on the PUD drawings are to be used only as a general guideline and the reflection of the overall village image including the north- midwestern architectural vocabulary, village like human scale and flavor, and variety in _ design and facade treatment. 2. All materials shall be of high quality and durable. Major exterior surfaces of all walls shall be face brick, stone, glass, stucco,architecturally treated concrete,cast in place panels, decorative block, cedar siding,vinyl siding in residential with support materials,or - approved equivalent as determined by the city. Color shall be introduced through colored _ block or panels and not painted block or brick. Bright, long,continuous bands are prohibited. Bright or brilliant colors and sharply contrasting colors may be used only for accent purposes and shall not exceed 10 percent of a wall area. — 3. Block shall have a weathered face or be polished, fluted,or broken face. Exposed cement ("cinder")blocks shall be prohibited. -- 4. Metal siding,gray concrete, curtain walls and similar materials will not be approved except as support material to one of the above materials,or as trim or as HVAC screen,and may — not exceed more than 25 percent of a wall area. 5. All accessory structures shall be designed to be compatible with the primary structure. — St. Hubert Catholic Community August 21, 1996 Page 8 6. All roof mounted equipment shall be screened by walls of compatible appearing material. Wood screen fences are prohibited. All exterior process machinery,tanks, etc., are to be fully screened by compatible materials. All mechanical equipment shall be screened with material compatible to the building. 7. The buildings shall have varied and interesting detailing. The use of large unadorned, concrete panels and concrete block, or a solid wall unrelieved by architectural detailing, such as change in materials, change in color, fenestrations, or other significant visual relief provided in a manner or at intervals in keeping with the size, mass, and scale of the wall and its views from public ways shall be prohibited. Acceptable materials will incorporate textured surfaces, exposed aggregate and/or other patterning. All walls shall Mom be given added architectural interest through building design or appropriate landscaping. 8. Space for recycling shall be provided in the interior of all principal or accessory structures. 9. There shall not be underdeveloped backsides of buildings. All elevations shall receive nearly equal treatment and visual qualities. 10. The materials and colors used for each building shall be selected in context with the adjacent building and provide for a harmonious integration with them. Extreme variations between buildings on the same street in terms of overall appearance, bulk and height, setbacks and colors shall be prohibited. 11. Slope roof elements shall be incorporated in all structures: Sector I - minimum 70 percent of roof area shall be sloped, Sector II - minimum of 70 percent of the roof area shall be sloped, Sector III - minimum of 30 percent of the roof area shall be sloped, and Sector IV - minimum of 70 percent of the roof area shall be sloped. An exception to this requirement are roof areas designed for human use such as decks, garden areas, patios, etc., which will not be counted towards flat roof area. 12. The following design elements should be incorporated into individual structures: Building Accents Towers, silos, arches, columns,bosses, tiling, cloisters, colonnades, buttresses, loggias, marquees, minarets,portals, reveals, quoins, clerestories,pilasters. Roof Types Barrow, dome, gable, hip, flat. St. Hubert Catholic Community August 21, 1996 Page 9 — Roof Accents — Cupolas, cornices,belfries, turrets,pinnacles, look-outs, gargoyles,parapets, lanterns. Accent elements such as towers, turrets, spires, etc., shall be excluded from the sector — building height limitation. Window Types Bay, single paned, multi-paned,angular, square, rectangular, half-round, round, italianate. Window Accents Plant boxes, shutters, balconies, decks, grates, canopies, awnings, recesses, embrasures, arches, lunettes. 13. Street level windows shall be provided for a minimum of 50 percent of the ground level wall area. f. Site Landscaping and Screening 1. All buffer landscaping, including boulevard landscaping, included in Phase I shall be — installed when the grading of the phase is completed. This may well result in landscaping being required ahead of individual site plan approvals, but we believe the buffer yard and plantings, in particular, need to be established immediately. In addition, to adhere to the higher quality of development as spelled out in the PUD zone, all loading areas shall be screened. Each lot for development shall submit a separate landscaping plan as a part of the site plan review process. — 2. All open spaces and non-parking lot surfaces, except for plaza area, shall be landscaped, rockscaped, or covered with plantings and/or lawn material. Tree wells shall be included in pedestrian areas and plazas. 3. Storage of material outdoors is prohibited. — 4. Undulating or angular berms 3'to 5'in height, south of Highway 5 and along Market Boulevard shall be sodded or seeded at the conclusion of grading and utility construction. The required buffer landscaping may be installed where it is deemed necessary to screen any proposed development. All required boulevard landscaping shall be sodded. _ St. Hubert Catholic Community August 21, 1996 Page 10 5. Loading areas shall be screened from public right-of-ways. Wing walls may be required where deemed appropriate. 6. Native species shall be incorporated into site landscaping,whenever possible. .— g. Signage 1. One project identification sign shall be permitted for the development at each end of Lake Drive and at the south end of Main Street. Project identification sign(s) may also be located at the entrances to the development(s) in Sector IV. Project identification signs shall not exceed 24 square feet in sign display area nor be greater than five feet in height. One project identification sign, with a maximum height of 20 feet, which may be increased in height subject to city approval based on the design and scale of the sign, designed as a gateway to the project shall be located at the north end of Main Street. Individual lots are not permitted low profile ground business sign. Within Sector III, one sign for the church and one sign for the school may be placed on streetscape walls. The top of the signs shall not extend more than eight feet above the ground and the total sign area for the signs shall not exceed 64 square feet. Pylon signs are prohibited. The sign treatment is an element of the architecture and thus should reflect the quality of the development. The signs should be consistent in color, size, and material and height throughout the development. A common theme will be introduced at the development's entrance monument and will be used throughout. 2. All signs require a separate sign permit. 3. Wall business signs shall comply with the city's sign ordinance for the central business district for determination of maximum sign area. Wall signs may be permitted on the "street" front and primary parking lot front of each building. 4. Projecting signs are permitted along Main Street and Lake Drive and along pedestrian passageways subject to the conditions below. Signage Plan and Restrictions Wall Signs 1. The location of letters and logos shall be restricted to the approved building sign bands, the tops of which shall not extend greater than 20 feet above the ground. In Sector II, sign height may be increase based onithe criteria that the signage is compatible with and complementary to the building architecture and design. The letters and logos shall be St. Hubert Catholic Community August 21, 1996 Page 11 restricted to a maximum of 30 inches in height. All individual letters and logos comprising each sign shall be constructed of wood, metal, or translucent facing. — 2. If illuminated, individual dimensional letters and logos comprising each sign may be any of the following: a. Exposed neon/fiber optic, b. Open channel with exposed neon, c. Channel Letters with acrylic facing, d. Reverse channel letters (halo lighted), or e. Externally illuminated by separate lighting source. 3. Tenant signage shall consist of store identification only. Copy is restricted to the tenant's _ proper name and major product or service offered. Corporate logos, emblems and similar identifying devices are permitted provided they are confined within the signage band and do not occupy more than 15% of the sign area unless the logo is the sign. 4. Within Sector II, architecturally, building-integrated panel tenant/logo sign may be permitted based on criteria that the signage is compatible with and complementary to the _ building design and architecture. 5. Back lit awnings are prohibited. — Projecting Signs 1. The letters and logos shall be restricted to the approved building sign area. 2. All wooden signs shall be sandblasted and letters shall be an integral part of the — building's architecture. 3. Signage shall consist of store identification only. Copy is restricted to the tenant's proper — name and major product or service offered and such minimal messages such as date of establishment of business. Corporate logos, emblems and similar identifying devices are — permitted provided they are confined within the signage band or within the projecting sign and do not occupy more than fifteen (15)percent of the sign display area. 4. Projecting signs shall be stationary,may not be self-illuminated but may be lighted by surface mounted fixtures located on the sign or the adjacent facade. St. Hubert Catholic Community August 21, 1996 Page 12 5. Projecting signs shall be limited to one per tenant on street frontage and pedestrian passageway and my not exceed six square feet. Letters shall have a maximum height of 12 inches. 6. Projecting signs shall be a minimum of eight feet above the sidewalk and shall not project more than six feet from the building facade. 7. Plastic, plexi-glass, clear plex, or similar material projecting signs are prohibited unless used in conjunction with other decorative materials. 8. Projecting signs may be painted, prefmished, or utilize exposed metal. Any exposed AMER metal shall be anodized aluminum, stainless steel, titanium, bronze, or other similar non- corrosive or ono-oxidizing materials. Window Signs 1. Window signs shall not cover more than 25 percent of the window area in which they are located. 2. Window signs shall not use bright, garish, or neon paint, tape, chalk, or paper. Menu Signs 1. Shall be located at eye level adjacent to tenant entries and shall not exceed 4 feet in height. 2. Shall be used only to convey daily specials,menus and offerings and shall be wood framed chalkboard and/or electronic board with temporary handwritten lettering. No paper construction or messages will be permitted. 3. Menu signs shall be limited to one per tenant and may not exceed 8 square feet. Festive Flags/Banners 1, Flags and banners shall be permitted on approved standards attached to the building facade and on standards attached to pedestrian area lighting. 2. Plastic flags and banners are prohibited. 3. Flags and banners shall be constructed of fabric. St. Hubert Catholic Community August 21, 1996 Page 13 4. Banners shall not contain advertising for individual users, businesses, services, or products. 5. Flags and banners shall project from buildings a maximum of two feet. 6. Flags and banners shall have a maximum area of 10 square feet. 7. Flags and banners which are torn or excessively worn shall be removed at the request of the city. Building Directory 1. In multi-tenant buildings, one building directory sign may be permitted. The directory sign shall not exceed eight square feet. Pole Directory Sign 1. Pole directory signs consisting of single poles with individual nameplate type directional arrows may be located within the development. 2. Pole directory sign shall not exceed 15 feet in height. 3. Directory signs shall be a minimum of eight feet above the sidewalk. 4. A maximum of eight directory signs may be provided per pole. 5. The maximum size of an individual sign shall be 18 inches long by four inches wide. 6. Poles shall be a minimum of 10 feet behind the curb. h. Lighting 1. Lighting for the interior of the business center should be consistent throughout the development. The plans do not provide for street lighting. As with previous developments, the City has required the developer to install street lights throughout the street system. 2. A shoe box fixture(high pressure sodium vapor lamps) with decorative natural colored pole shall be used throughout the development parking lot area for lighting. Decorative, pedestrian scale lighting shall be used in plaza and sidewalk areas and may be used in parking lot areas. St. Hubert Catholic Community August 21, 1996 Page 14 3 Lighting equipment similar to what is mounted in the public street right-of-ways shall be Mom used in the private areas. 4. All light fixtures shall be shielded. Light level for site lighting shall be no more than 1/2 candle at the project perimeter property line. This does not apply to street lighting. 5. Light poles shall be limited to a height of 20 feet. i. Parking -- 1. Parking shall be provided based on the shared use of surface parking areas whenever possible. Cross access easements and the joint use of parking facilities shall be protected by a recorded instrument acceptable to the city. 2. A minimum of 75 percent of a building's parking shall be located to the"rear" of the structure and in underground garages. 3. The development shall be treated as a integrated shopping center and provide a minimum of one space per 200 square feet of commercial/retail area. The office/personal service component shall be treated as an integrated office building and provide 4.5 space per 1,000 square feet for the first 49,999 square feet, four per thousand square feet for the second 50,000 square feet, and 3.5 per thousand square feet thereafter. Residential uses shall provide 1.5 spaces per unit as underground parking with visitor spaces provided as part of the commercial/office uses. Within sector IV, visitor parking shall be provided at a rate of 0.5 stalls per unit. Hotel/motels shall comply with city ordinance. Churches/schools shall comply with city ordinance, however, a minimum of 50 percent of the parking shall be shared. LANDSCAPING Landscaping plans submitted by the applicant demonstrate a diverse schedule of plant materials and well-balanced design. According to city ordinance, applicant is consistent with buffer yard and general landscaping requirements,but fails to meet basic parking lot landscaping requirements. Landscape islands are needed in the parking lot directly south of the building. Currently there are only two landscape islands in an expanse of pavement that is 28,750 sq. ft. Four additional islands or peninsulas will be required in the southern lot. The applicant is also required to provide at least 33 trees in the parking lots,plans note 29. The applicant will be required to provide 4 more. Landscape islands less than 10 feet in width will require the installation of aeration piping. All new planting areas, including parking lot islands, peninsulas, and boulevards, shall have an irrigation system installed. St. Hubert Catholic Community August 21, 1996 Page 15 On the southern end of the school, seven black hills spruce are scheduled to be installed within — an area of future expansion. Staff recommends these trees be relocated to areas outside of the proposed expansion since there is adequate room in other locations nearby. Placing evergreens on the south side of buildings is also poor design for energy conservation. The trees will — effectively block any passive solar heat gained during the winter months and fail to shade the building in the summer. In addition, south of the future school expansion area is an area proposed to be graded with steep slopes. This area should be revegetated with sumac, live willow and dogwood stakes, and other fast growing materials to improve soil stability and reduce potential erosion The applicant has included plans for a soccer field located in an area with 100% canopy coverage. Although the Planning Commission and City Council have given preliminary approval _ of the soccer field south of the creek, staff does not recommend approval of the field. Alternative locations for the field do exist and have been proposed by city staff. Staff recommends a conservation easement be placed over the wooded area south of the proposed development in order to preserve the natural features for future generations. WETLANDS — There are three wetland areas identified on this site. The larger of these wetlands, Rice Marsh Lake and Riley Creek, which feeds into the lake has been delineated by the applicant to the — satisfaction of the City. However there is an additional wetland area that appears on the soccer field grading plan, that the City does not have delineation data on this wetland. If the proposed soccer field impacts this unidentified wetland, it must be mitigated with replacement wetlands at — a ratio of 2:1. These impacts must also be included with the wetland impacts of the whole site, and may push the wetland impacts of this project above 3 acres. If the proposed wetland impacts exceed 3 acres, an individual permit must be obtained from the Army Corps of Engineers. City — staff recommends relocating the soccer field to eliminate further wetland impacts. The largest wetland is Rice Marsh Lake, located on the southern edge of this site, east of the soccer field. This lake waters is identified as DNR protected waters and are connected by Riley Creek which is also a DNR protected water. The areas adjoining these lakes are mostly undisturbed trees and wetland vegetation. These trees and upland vegetation provide an excellent natural buffer for these important natural waterways. City staff highly recommends leaving this area as a natural buffer. The wetland alteration permit is a part of the PUD process. — GRADING The majority of the site grading is anticipated to be completed by the developer of Villages on the Ponds. Only finish grading and site restoration will be performed by the applicant. Site St. Hubert Catholic Community August 21, 1996 Page 16 grading is also proposed south of the church site to construct the soccer field. In order to prepare the site for the soccer field, wetlands will need to be filled. The soccer field may be able to be redesigned to fit the parcel to avoid filling the wetland. However, approximately six significant trees will be lost as a part of the construction. In addition, the topographic characteristics of the site will be lowered and leveled 7 to 11 feet overall. Staff still believes that this is an inappropriate use of the property given the environmental feature and traffic constraints for access. The developer(Villages on the Ponds) is already having difficulty finding sufficient wetland mitigation on the site. Thus, filling the wetlands for the soccer field will only exacerbate the problem. Retaining walls are proposed along the south and east sides of the site. The south retaining wall is proposed to be 12 to 20 feet high. Staff recommends that a safety fence should be required to be installed along all retaining walls in excess of six feet in height. A series of retaining walls are proposed along the northeast corner of the site adjacent to Grandview Road. They range from 6 to 10 feet high. Again, a safety fence should also be installed along the top of the wall. The existing site grades range from elevation 890 at the south end of the project to 970 in the northeast corner of the site. Proposed site grades range from an elevation of 890 to 942. The difference in grade in necessary in order to develop the site. The difference in grade will be negotiated by providing retaining walls and a walkout-type building to blend into the terrain. _ The plans also propose fairly steep slopes south of the building(2:1). Staff believes that these slopes will be difficult to establish and maintain vegetation. At a minimum, slopes should be no steeper than 2.5:1. The applicant should revise the site grades not to exceed 2.5:1 slope or consider extending a retaining wall along the south side of the property. The applicant and development are both requesting to commence grading operations as soon as possible. One of the problem areas is existing Great Plains Boulevard. This street meanders through the parcel and building footprint. Great Plains Boulevard is still under MnDOT's jurisdiction; therefore, closure and/or vacation of the road will require MnDOT approval. Staff anticipates MnDOT will formalize a turnback of Great Plains Boulevard some time this fall (November). Given this timeline, staff is doubtful that much of the grading will be accomplished this year. The final plat must first be recorded prior to the City granting a notice to proceed with site grading. The developer is proposing to submit the final plat for City Council consideration at the September 9, 1996 City Council meeting. An enormous amount of work is still required (preparation of construction plans, wetland mitigation and other governmental agency permit approvals) in order for the final plat to be recorded. The grading plans will also need to be revised to accommodate future upgrading of Grandview Road on the east side of the parcel. A 17-foot wide right-of-way will be dedicated along the easterly property line in the northeast corner-of the site. This will result in relocating the proposed retaining walls westerly which, in turn, impacts the proposed parking lot. The realignment of the parking lot will involve the loss of five parking stalls. St. Hubert Catholic Community August 21, 1996 Page 17 — St. Hubert Catholic Community August 21, 1996 Page 18 UTILITIES Municipal sewer and water service is proposed to be extended to the site in conjunction with The Villages on the Ponds development. A sanitary sewer line will need to be extended along the south end of the building to the easterly property limits for service to Grandview Road. DRAINAGE A comprehensive grading and drainage plan is in the process of being prepared for The Villages on the Ponds. The site plan is in general conformance with those plans; however, the final grading and drainage plans are still being drafted for review and approval by the City. The applicant should be aware that site modifications to their grading and drainage plan may be forthcoming after final review and approval of the drainage and ponding calculations. Detailed storm drainage calculations for a 10-year, 24-hour storm event be submitted to the City for review and approval. Pending staffs review of the storm sewer calculations, additional catch basins may be required on the site. The plans propose a storm sewer line at the easterly driveway access (southeast corner) which will convey runoff to a drainage swale on the east side of the building down to Lake Riley. Staff recommends that the parking lot grades in this area be revised to reroute the parking lot runoff northerly into another catch basin, thus eliminating the need for the storm sewer. All storm sewer improvements on the site will be privately owned and maintained by the applicant. EROSION CONTROL A detailed erosion control plan will be required prior to building permit issuance. The plan shall be developed in accordance with the City's Best Management Practice Handbook. Type III erosion control fence shall be installed and maintained along the southerly grading limits until the site is fully revegetated and the parking lots paved. Storm sewer inlets should also be protected with rock filter dikes or erosion control fence until the parking lots and drive aisles are paved. Rock construction entrances shall be employed and maintained at all access points. Maintenance and upkeep of the erosion control system will be enforced. STREETS — Proposed traffic and pedestrian circulation appears functional from an engineering standpoint. - The site is providing a secondary access for Grandview Road. Staff believes it will not be necessary to keep the access open to Grandview Road at all times. Its purpose is for secondary emergency access only. A breakaway gate or chain could be installed to prohibit traffic from shortcutting through the school/church parking lot. Cross-access and maintenance agreements will need to be recorded against the property for use of the secondary access road to the general St. Hubert Catholic Community August 21, 1996 Page 19 — public. The parking lot layout should be revised to include landscaped islands at the ends of the parking aisles and a striped area/pedestrian ramp where trail accesses parking lot. — LIGHTING/SIGNAGE The applicant is proposing the use of 20 foot tall single and double lamp parking lot lighting. Fifteen foot tall pedestrian lighting is provided around the north, west, and south of the building. Wallpack lighting units are proposed along the eastern side of the building. For project consistency, the Villages Architectural and Landscape Review Committee must review the plans. Signage is proposed on walls west of the church. Primarily, the proposed signage complies with the PUD ordinance. However, a separate sign permit must be submitted for all site signage, except for traffic control signage. SITE PLAN FINDINGS In evaluating a site plan and building plan,the city shall consider the development's compliance with the following: (1) Consistency with the elements and objectives of the city's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted; — (2) Consistency with this division; (3) Preservation of the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of the neighboring developed or developing or developing — areas; (4) Creation of a harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development; (5) Creation of functional and harmonious design for structures and site features,with special attention to the following: a. An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants, visitors and general community; St. Hubert Catholic Community August 21, 1996 Page 20 b. The amount and location of open space and landscaping; c. Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses; and d. Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. (6) Protection of adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light — and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. Finding: The proposed development is consistent with the comprehensive plan,. The proposed development is consistent with the Villages on the Ponds design requirements, the comprehensive plan, as amended as part of the Villages on the Ponds project, the zoning ordinance, and the site plan review requirements. The site has few existing natural amenities due to previous development in the area. The site design is compatible _ with the surrounding development and enhances the open space and landscaping being established as part of the development of Villages on the Ponds. The site design is functional and harmonious with the approved development for this area. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Planning Commission recommends approval of Site Plan 96-11 for a 96,288 square foot school church facility for St. Hubert Catholic Community,plans prepared by OPUS Architects & Engineers, Inc., dated 7/19/96, subject to the following conditions: 1. The applicant must provide four more islands or peninsulas in the south parking lots in order to meet city ordinance requirements. 2. The applicant must provide four more overstory trees within the parking lot areas in order to meet city requirements. St. Hubert Catholic Community August 21, 1996 Page 21 3. The seven Black Hills Spruce south of the school are to be relocated outside of the future expansion area. — 4 . If it is feasible to relocate the soccer field north of the trail, the wooded area south of Highway 101 shall be placed under a conservation easement. If the soccer field is to be — constructed in the proposed location, grading shall be modified to avoid filling of any wetlands on the site. 5. The applicant shall revise the landscaping plan south of the school site on the steep slope. This area shall be revegetated with sumac, live willow and dogwood stakes, and other fast growing materials to improve soil stability and reduce potential erosion. 6. Landscape islands less than 10 feet in width will require the installation of aeration piping. 7. All new planting areas, including parking lot islands,peninsulas, and boulevards, shall have an irrigation system installed. _ 8. The applicant is required to incorporate street furniture in the plaza area west of the church. 9. A bicycle parking area and bicycle racks shall be provided on site. 10. A minimum of 50 percent of the parking for the St. Hubert Catholic Community must be — provided through shared parking agreements. Cross access easements and the joint use of parking facilities shall be protected by a recorded instrument acceptable to the city. 11. A separate sign permit must be submitted for all site signage, except for traffic control signage. 12. Site plan approval shall be conditioned upon the developer of The Villages on the Ponds receiving final plat approval by the City of Chanhassen. Once the developer has supplied the City with an executed PUD/development contract and financial escrow to guarantee site improvements, the site grading may commence upon receipt of the appropriate permits from other governmental agencies. 13.All retaining walls in excess of four feet in height shall be engineered and will require a building permit from the City's Building Department. All retaining walls in excess of six feet in height shall have safety fences installed above them. 14. Site grades shall not exceed 2.5:1 slopes unless a retaining wall is being used. _ 15. The grading plan shall be revised to take into account an additional 17 feet of right-of-way to be dedicated to the City for Grandview Road in the northeast corner of the site. The parking St. Hubert Catholic Community August 21, 1996 Page 22 lot configuration shall be revised accordingly. Parking lot grades in the easterly side of the building shall be modified to eliminate the isolated storm sewer line south of the secondary access point. Landscaped islands shall be provided at the ends of the parking aisles. The parking stall in front of the trail shall be striped and a pedestrian ramp installed. 16. Final grading and drainage plans shall be modified to be compatible with the overall comprehensive grading and drainage plans from The Villages on the Ponds development. 17. A sanitary sewer line shall be extended around the southerly end of the building to the easterly property line for future extension along Grandview Road. 18. The applicant will need to develop a sediment and erosion control plan in accordance with the City's Best Management Practice Handbook and the Surface Water Management Plan requirements for new developments. The plan shall be submitted to the City for review and formal approval 19. All areas disturbed as a result of construction activities shall be immediately restored with seed and disc-mulched or wood-fiber blanket or sod within two weeks of completion of each activity in accordance with the City's Best Management Practice Handbook. Slopes steeper than 3:1 shall be restored with erosion control blankets. 20. Wetland buffer areas shall be surveyed and staked in accordance with the City's wetland ordinance. The City will install wetland buffer edge signs before accepting the utilities and will charge the applicant$20 per sign. 21. The applicant shall provide detailed storm sewer calculations for 10-year and 100-year storm events and provide ponding calculations for stormwater quality/quantity ponds in accordance with the City's Surface Water Management Plan for the City Engineer to review and approve. The applicant shall provide detailed pre-developed and post developed stormwater calculations for 100-year storm events and normal water level and high water level calculations in existing basins, created basins, and or creeks. Individual storm sewer calculations between each catch basin segment will also be required to determine if sufficient catch basins are being utilized. In addition,water quality ponding design calculations shall be based on Walker's Pondnet model. 22. The applicant shall enter into a site plan agreement with the City and provide the necessary financial security to guarantee compliance with the terms of the agreement. 23. The applicant will meet wetland rules and regulations as stated in Corps of Engineers section 404 permit, the State Wetland Conservation Act, and the City's Wetland Ordinance. Mitigation work shall be implemented prior to or concurrent with wetland fill activity in all phases of the project. St. Hubert Catholic Community August 21, 1996 Page 23 24. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, i.e. Carver County, Watershed District, Metropolitan Waste Control Commission, Health Department, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources, Army Corps of Engineers and Minnesota Department of Transportation and comply — with their conditions of approval. 25. Fire hydrants shall be incorporated per the Fire Marshal's recommendations. A ten foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs,bushes, NSP, US West, cable TV, transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters (pursuant to City Ordinance 9-1). An additional fire hydrant will be required--the location to be on the southwest corner of the property. Contact Chanhassen Fire Marshal for exact location. 26. Yellow painted curbing and No Parking Fire Lane Signs will be required. Contact Fire Marshal for exact location of signage and determination of curbing to be painted. Pursuant to _ 1991 Uniform Fire Code Section 10-206 and Section 20-207a. and Chanhassen Fire Department Fire Prevention Policy 06-1991. 27. A post indicator valve (PIV) will be required on the 8" water line coming into the building. Contact Chanhassen Fire Marshal for exact location. 28. Comply with Chanhassen Fire Department/Fire Prevention Division, Policy#01-1990, Fire Alarm Systems (copy enclosed). 29. Comply with Chanhassen Fire Department/Fire Prevention Division, Policy#04-1991 (notes to be included on site plans) (copy enclosed). 30. Comply with Chanhassen Fire Department/Fire Prevention Division, Policy#07-1991, Pre- Fire Plan Policy(copy enclosed). 31. Comply with Chanhassen Fire Department/Fire Prevention Division, Policy#29-1992, Premise Identification (copy enclosed). 32. Comply with Chanhassen Fire Department/Fire Prevention Division, Policy#36-1994, Water Line Sizing(copy enclosed). _ 33. Comply with Chanhassen Fire Department/Fire Prevention Division, Policy#40-1995, Fire Sprinkler Systems. _ St. Hubert Catholic Community — August 21, 1996 Page 24 34. Comply with Inspection Division, Policy#34-1993, Water Service Installation. 35. Fire apparatus access roads shall be provided for every facility, building or portion of a — building. After constructed or moved into or within the jurisdiction when any portion of the facility or any portion of an exterior wall of the first story of the building is located more than 150 feet, fire apparatus access as measured by an approved route around the exterior of the — building or facility. With regards to the school wing, either provide fire apparatus access to within 150 feet of all portions of the building or install Class I stand pipes within the stairways of the school portion of the complex. This is taking into account the future expansion of the school. — 36. Submit turning radiuses of Fire Department access routes to City Engineer and Fire Marshal for review and approval." — ATTACHMENTS 1. Development Review Application — 2. Letter from Fr. Steven Ulrick and David F. Bangasser to Kate Aanenson dated 7/19/96 3. Reduced Site Plan, Church/School 4. Reduced Building Elevation — 5. Reduced Site Plan, Soccer Field 6. Memo from Steve A. Kirchman to Bob Generous dated 8/9/96 7. Notice of Public Hearing and Mailing List CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION APPLICANT: St. Hubert Catholic Community OWNER: Same ADDRESS: 7707 Great Plains Boulevard ADDRESS: Chanhassen, MN TELEPHONE(Day time) 934-9106 TELEPHONE: 4ttn: Dave Bangasser 936-4437 Comprehensive Plan Amendment _ Temporary Sales Permit Conditional Use Permit Vacation of ROW/Easements Interim Use Permit Variance Non-conforming Use Permit _ Wetland Alteration Permit Planned Unit Development* Zoning Appeal Rezoning _ Zoning Ordinance Amendment Sign Permits Y Sign Plan ReviewNotification Sign 54, + !C• 1Zi1 . Site Plan Review` X Escrow for Filing Fees/Attomey Cosy* 456 ($50 CUP/SPRNACNAR/WAP/Metes and Bounds, $400 Minor SUB) Subdivision* TOTAL FEE$ /4-)/1 .jt) A list of all property owners within 500 feet of the boundaries of the property must be included with the application. Building material samples must be submitted with site plan reviews. *Twenty-six full size folded copies of the plans must be submitted, including an 81/2"X 11" reduced copy of transparency for each plan sheet ** Escrow will be required for other applications through the development contract NOTE-When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME St. Hubert Catholic Community LOCATION Villages on the Ponds LEGAL DESCRIPTION Lots 10 and 11, Block 1 TOTAL ACREAGE 10.3 Acres WETLANDS PRESENT YES X NO PRESENT ZONING REQUESTED ZONING PUD (separate request by land owner currently being reviewed) -- PRESENT LAND USE DESIGNATION REQUESTED LAND USE DESIGNATION REASON FOR THIS REQUEST Construct a new church and school This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning _ Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom — the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. 1 will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of — my knowledge. The city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing _ requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day extension for development review. Development review shall be completed within 120 days unless additional review extensions are approved by the applicant. 1 r, - k 1 �k2 Signature of A plicant Date /4/ //(77 7 Si atur'e of Fee Owner /7 Date (� `-r Application Received on ?)I!/ 7 -• Fee Paid / I Receipt No.L. L^ J� '-- The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. -- If not contacted,a copy of the report will be mailed to the applicant's address. St. Hubert Catholic Community Parish Office: 7707 Great Plains Blvd. • Chanhassen, Minnesota 55317 • (612) 934-9106 July 19, 1996 Ms. Kate Aanenson CITY OF CHANHASSEN 690 Coulter Drive, P.O. Box 147 _ Chanhassen, MN 55317 RE: Proposed St. Hubert Catholic Community Church& School Site Plan Review — Dear Ms. Aanenson: St. Huberts Catholic Community is pleased to submit the attached development review application requesting site plan review for St. Hubert's new church and school to be constructed on 10.3 acres of land which St. Hubert's is proposing to purchase from the Ward family as part of the Villages On The Ponds development. The Villages On The Ponds development is currently being reviewed by the City of Chanhassen for final PUD approval. Accompanying this application please find a check in the amount of$1,411 as well as 26 folded sets of the required plans. We request the City of Chanhassen review this application in order for consideration by the Planning Commission at its August 21st Public Hearing and by the City Council on September 9. St. Hubert Catholic Community has been in Chanhassen since 1865 and has experienced tremendous — growth in recent years due to development in the area. The Parish Council has determined that expansion at our present location in order to accommodate this growth is not feasible and that a new site should be acquired which would be suitable for constructing a 1500 seat church,education center,gymnasium and associated support spaces. The long term master plan for the development — may approach up to 125,000 square feet,part of which is intended to be on a second floor. After a thorough site selection process, St. Hubert's has agreed to purchase 2 lots totaling 10.3 acres from the Ward family as part of their proposed Villages On The Ponds development. St. Hubert's is very excited to be a key part of this planned unit development which will allow the church to remain a part of downtown Chanhassen. A key benefit to all parties of the Villages On The Ponds development is the use of shared parking. St. Hubert's intends to construct 297 parking stalls dedicated to the Church's use. In addition, the Church will have access to an additional 435 parking stalls shared with surrounding uses which will accommodate the Parish's peak parking on evenings and weekends. — Thank you for your consideration in reviewing this project. If you have any questions or require any additional information,please call Dave Bangasser at 936-4457. — Sincerely, ST. HUB RT CATHO IC COMMUNITY — •f , lLugttat31,19,, Fr. Stevens kick David F. Bangasser Pastor Building Committee Member n■0■a �76!'=s U —W� IIIIIIiiIIIIIL. r s � z. . , I _ _ , 177-, , IIIIII Jib ill , III�_� � � IIII '�'uirh�ner•-�. � I /r�� tea( �� r r, . __.) . . . i , / ii = = , .,: i . , .[. ____ ,, • .-.. .. . D ..• 4 [ / - ___ , .' . Z71LT a Ol ,. l�! ` ' r o I I I t I I I I I l `4 ss�'. 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Olt I 0 ' , iliii all r � 1111FK 'il " h . ,1.1 rPP 31' .. 101 �'el 4410 a 611 i IE. ei, k MN Iladisb' • k (ell I Z �• -- n :1 iii is is !• 1 I 2 - . , �'I :j i . tw -_ Q rrr FIli= �j:3� I 1111 iI • Lail4V ,' • — r 1 � 114 f, ' 'fly -J=y%(% = CITYOF I CHANHASSEN ,- 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Bob Generous, Senior Planner FROM: Steve A. Kirchman, Building Official Aa• K' DATE: August 9, 1996 SUBJECT: 96-11 SPR(St. Hubert Catholic Community) I was asked to review the site plan proposal stamped "CITY OF CHANHASSEN, RECEIVED, JUL 23 1996, CHANHASSEN PLANNING DEPT." for the above referenced project. _ I have no comments or recommendations concerning this application at this time. gAcafetv\sak\memos`plan`sthurt I 2 1 Lu r "Mai"lia IOW5 — x 1101111111 NIL "00117 1.t(). - NOTICE OF PUBLIC ‘ .427- Ly :::: IVE HIGKWAY.:::;::::;>::.. ��y FIN `, HEARING . — PLANNING COMMISSION »;> 1• I MEETING ��<� I/�� _ Wednesday, August 21, 1996 moi': i v. at 7:00 p.m. ` 1, CityHall Council Chambers ..1111.:::;„.i.,,,.:. „._i�lsii '��' • Arta. a �. _. ? tilt...4i_ 690 Coulter Drive ;;;;;;;:,:.,..;0:..,:.:;* > > :<: SINNEN Project: St. Hubert Catholic Community ''~ < ; ► : : CIRCLE )./SAN / /:.. .<::i:;i: Developer: Lotus Realty/St. Hubert's Church ,>I-MISSION HI ' ' "A lljr DRIVE / . 2-COURT i Location: East of Great Plains Blvd and _.,_=_ __---------'"A . 1 El 4e# South of Hwy. 5 I ••*' • Cis► xa ..t..: .iii -.4diAlfii.Z'Al Pair?‘ Notice: You are invited to attend a public hearing about a development proposed in your area. The applicant, Lotus Realty/St. Hubert's Church, is requesting site plan approval for a 96,288 sq. ft. church and school facility on 8.03 acres and a soccer field on 2.48 acres. The — property is included in the proposed Villages on the Ponds project which is requesting a rezoning to PUD and is located east of Great Plains Blvd. and south of Hwy. 5, proposed Lots 10 and 11, Villages on the Pond, St. Hubert Catholic Community. — What Happens at the Meeting: The purpose of this public hearing is to inform you about the — developer's request and to obtain input from the neighborhood about this project. During the meeting, the Commission Chair will lead the public hearing through the following steps: — 1. Staff will give an over view of the proposed project. 2. The Developer will present plans on the project. 3. Comments are received from the public. — 4. Public hearing is closed and the Commission discusses project. The Commission will then make a recommendation to the City Council. — Questions or Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Bob at 937-1900, ext. 141. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. Notice of this public hearing has been published in the Chanhassen Villager on August 8, 1996. d 7)94. NOTICE OF PUBLIC HEARING SITE PLAN REVIEW CITY OF CHANHASSEN — NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a — public hearing on Wednesday, August 21, 1996, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 690 Coulter Drive. The purpose of this hearing is to consider the application of St. Hubert's Church for site plan approval for a 96,288 sq. ft. church and school facility on 8.03 acres and a soccer field on 2.48 acres. The property is included in the proposed Villages on the Ponds project which is requesting a rezoning to PUD and is located east of Great Plains Blvd. and south of Hwy. 5,proposed Lots 10 and 11,Villages on the Pond, St. Hubert Catholic Community. A plan showing the location of the proposal is available for public review at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Robert Generous, Planner II _ Phone: 937-1900,ext. 141 (Publish in the Chanhassen Villager on August 8, 1995) Steven Kokesh&Nancy Ecoff Albert& Jean Sinnen Richard& Linda Anderson "101 Grandview Road 8150 Grandview Road 8210 Grandview Road _hanhassen,MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 —Lary S. Bernier Greg& Mary Larsen Robert W. Armstrong, Jr. 8155 Grandview Road, Box 157 8151 Grandview Road 8400 Great Plains Blvd. hanhassen,MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 mes & Kathryn Jacoby R. Lawrence& T. Harris Mark&Lori Jesberg 15410 Great Plains Blvd. 8408 Great Plains Blvd. 8407 Great Plains Blvd. Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 A ndrew Freseth & Milton Bathke Willis &Anita Klein ,mda Williamson 8404 Great Plains Blvd. 8405 Great Plains Blvd. W411 Great Plains Blvd. Chanhassen, MN 55317 Chanhassen, MN 55317 'hanhassen, MN 55317 George,Jr. & Margaret Shorba Donald& Dorothy Gale Rosemount, Inc. -J4 Chan View 8402 Great Plains Blvd. Attn: Controller _aanhassen, MN 55317 Chanhassen, MN 55317 12001 Technology Drive Eden Prairie, MN 55317 Ebert Dittrich Holiday Station Stores Thaddeus Korzenowski 1827 Crestview Drive 4567 80th Street West 20645 Radisson Road ew Ulm, MN 56073 Bloomington, MN 55437 Excelsior, MN 55331-9181 hanhassen Inn B. C. Burdick T31 West 79th Street 684 Excelsior Blvd. Chanhassen, MN 55317 Excelsior, MN 55331 '-mes & Carol Udstuen Peter& Mary Staudohar Knoll Bisrat &Denise Alemayehu _i0 Hidden Lane 370 Hidden Lane 380 Hidden Lane Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 William & Debra Prigge Andrew& Jeannine Cone Brian Semke & Deborah Duetsch )0 Hidden Lane 321 Hidden Lane 331 Hidden Lane ..,hanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 'randy&Kimbra Green Michael & Prudence Busch Mark &Alexandra Lepage 8103 Marsh Drive 8113 Marsh Drive 8123 Marsh Drive hanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Lon& Mary Stutelberg Robert& Lois Savard Jay S. Anders 8133 Marsh Drive 8080 Marsh Drive 8090 Marsh Drive — Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Martin&Timaree Fajdetich Yagui Wei & YuYi Lin David& Karli Wandling 8100 Marsh Drive 8110 Marsh Drive 8120 Marsh Drive Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 — Paul & Rita Klauda Walt & Pamela Chapman Bruce & Cynthia Marengo 8130 Marsh Drive 8140 Marsh Drive 8150 Marsh Drive Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 — Steven & Julie Lundeen Gary& Debra Disch Eric Johnson & Molly Surbrook — 8160 Marsh Drive 8170 Marsh Drive 320 Sinnen Circle Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Randal &J Meyer Richard, Jr. & Patricia Hamblin Mark& Sharon Nicpon 330 Sinnen Circle 340 Sinnen Circle 341 Sinnen Circle — Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Thomas & Jill Hansen Mike & Mary Regnier Robert Langley& Laurie Soper 331 Sinnen Circle 321 Sinnen Circle 8134 Dakota Lane Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 — Hugh Faulds & Karyn Knutson Thomas & Rita Mohs John & Brenda Lund 8136 Dakota Lane 8138 Dakota Lane 8140 Dakota Lane Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Jason White Blue Circle Investment Chanhassen NH Partnership _ 8139 Dakota Lane 6125 Blue Circle Drive 900 2nd Ave. S. Chanhassen, MN 55317 Minnetonka, MN 55343 1100 International Ctr. Minneapolis, MN 55402 — Arthur&Jo Ann Mulligan David & Sharon Nickolay Apple American Ltd. Partnership _ 8501 Tigua Lane 8500 Tigua Lane Chanhassen, MN 55317 Chanhassen, MN 55317 4551 W. 100 Street, Suite 100 Overland Park, Kansas Tom-Don Real Estate Holdings 701 Lady Bird Lane — Burnsville, MN 55337 P.C. DATE: 8-21-96 - C I TY O F C.C. DATE: 9-9-96 CASE: 95-18 Site Plan \,� � � C�A��SS�� 95.18 SUB BY: Al-Jaff:v STAFF REPORT PROPOSAL: 1) Site Plan Review for the construction of two office warehouse buildings with an area of 64,000 square feet and 40,600 square feet 2) Preliminary Plat to Subdivide 10.95 acres into 2 Lots and 1 Outlot, Chanhassen East Business Center Second Addition QLOCATION: South of Highway 5, West of Dell Road, and North of Lake Drive East. APPLICANT : CSM Investors, Inc. l�.. 2575 University Ave. W. Suite 150 St. Paul, MN 55114-1024 646-1717 PRESENT ZONING: IOP, Industrial Office Park ACREAGE: 10.95 acres ADJACENT ZONING AND LAND USE: N-Highway 5 _ S-Lake Drive East and Data Serve E-CSM Phase I W-Abra/Highway Business itt SEWER AND WATER: Services are available to the site. SITE CHARACTERISTICS: The site is an old farmstead. The majority of the site has been disturbed by grading activities relating to CSM Phase I —11 2000 LAND USE: Office/Industrial n E F oO 0 0 0 O 0 0 0 0 a O o ..-ICOi O 0 oO 00 w 0 O O o 0 .1 •y .i P P V h 'V 1•. 0 .. 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I , CSM Corporation Phase II August 26, 1996 Page 2 PROPOSAL/SUMMARY There are two actions being requested with this application, a subdivision and a site plan review for two office warehouse buildings. The site is zoned IOP, Industrial Office Park and bordered by Highway 5 to the north, CSM Phase I office warehouse buildings, and Lake Drive East to the south. The lot area of the office/warehouse sites are 4.40 acres for Lot 1 and 3.25 acres for Lot 2. The site is visible directly from Highway 5 and has full access from Lake Drive East. The subdivision request consists of subdividing 10.95 acres into two lots and one outlot. Lots 1 and 2 will contain the proposed office warehouse buildings. Outlot B will be reserved for future development. Staff is not aware of any pending developments for the outlot. The subdivision request is a relatively straightforward action. The site plan is for the two office warehouse buildings. The buildings (referred to as Buildings 3 and 4) are well designed. Building 3 is "L" shaped, and a mirror image of the two buildings, _ currently under construction, from CSM phase I. Building 4 has a rectangular shape. Both buildings are proposed to utilize face brick on all four corners of both buildings, as well as areas surrounding entrances into the buildings. Decorative pre-colored rockface block will be integrated into the walls, accented by pre-colored masonry bands. Two pitched roof elements adorn each building. The enclosed plans do not reflect the pitched elements. Staff discussed this issue with the applicant and was informed that the intent was to have them on the buildings. The applicant will be showing the buildings at the Planning Commission meeting with the pitched roof elements. A second issue that staff and the applicant discussed at length dealt with the color of materials proposed to be used on the exterior of the buildings. The applicant's goal is to achieve a campus effect with a unified architectural theme to the buildings. The first option was to utilize identical colors to those used at the CSM phase I buildings. The second option was to provide colors of the same family but different shades. Staff has not seen the second color scheme. The applicant will be presenting the materials at the Planning Commission meeting and ask for direction on this mater. The buildings can be divided depending on the needs of the tenants. Loading dock are proposed for those tenants that would need them. These buildings will serve office/industrial tenants. The applicant has proposed have the parking surrounding the building. Staff went through this discussion and analysis in phase I of this proposal. The office space which is located along the north, east, and west portion of the buildings,will generate customer parking space. Requiring all parking to the rear of the buildings causes a conflict between the loading dock and customer space. This area is in the highway corridor which uses the underlying district for setbacks. The parking as proposed including the screening does meet the Highway 5 zoning district requirements. These buildings will require 204 parking spaces. Rather than concentrating all spaces in one area, the spaces were designed surrounding the buildings. They are broken by CSM Corporation Phase II August 26, 1996 Page 3 landscape islands and screened from views from Highway 5 and Lake Drive East by berms and vegetation. There is a maximum of two rows of parking at any given location. — The site landscaping is generally of high quality,however, there are certain areas such as the south portion of the site, where the loading docks are located, that could use a variety of trees and bushes for additional screening. A meandering berm of 4 to 6 feet in height runs along the entire edge of the site that does proved additional screening of the paring area. — Staff regards the project as a reasonable use of the land. The overall design is sensitive to the Highway 5 corridor's image. Based upon the foregoing, staff is recommending approval of the — site plan, without variances, and the subdivision request, with conditions outlined in the staff report. BACKGROUND On May 6, 1996,the City Council approved the final plat for Subdivision #95-18 for Chanhassen — East Business Center, CSM Investors, Inc. and DataServ, Inc., to subdivide 61.6 acres into 3 Lots and 2 Outlots. Lots 1 and 2, Block 1, will contain office/warehouse buildings. These buildings are currently under construction. Outlot A was reserved for future development. With this — proposal, the applicant is subdividing Outlot A into 2 lots and one outlot. The parcel located south of Lake Drive East contain the DataSery building. Outlot B will contain a pond. The pond is also under construction. — At that same meeting,the City Council approved a site plan review(#95-18) for the construction of two 64,000 square foot office warehouse buildings. These are the buildings that are under — construction today. GENERAL SITE PLAN/ARCHITECTURE — The proposed office/warehouse buildings,with an area of 64,000 square feet and 40,600 square feet, will be situated parallel to and south of Highway 5. The site is bordered by Highway 5 to — the north, and Lake Drive East to the south. Access to the buildings is proposed from Lake Drive East. Parking will be scattered around the buildings. A meandering berm with landscaping, 4 to 6 feet in height, is proposed to be installed along the perimeter of the site to provide screening. The buildings are located 73 feet from the north, 52 feet from the east, 75 feet from the south, and 75 feet from the west property line. Materials used on the both buildings are face brick on all four corners of both buildings, as well _ as areas surrounding entrances into the buildings. Decorative pre-colored rockface block will be integrated into the walls, accented by pre-colored masonry bands. Two pre-colored pitched roof elements adorn each building. The pitched elements are not shown on the submitted plans, — CSM Corporation Phase II August 26, 1996 Page 4 however, while speaking to the applicant on this issue, it was stated that the intent is to provide them. Revised architectural elevations will be presented at the Planning Commission meeting. The building's architecture is tastefully designed and meets the standards of the site plan ordinance requirements. The different colors and materials give the building the desired visual appeal. A second issue which staff and the applicant expanded a great deal of time on deals with the colors of the materials to be used on the buildings. One option is to duplicate the same colors used in Phase I. The second option is to provide the same materials with different shades. Both options will be presented at the Planning Commission meeting for direction from the commission. The applicant wishes to achieve a campus effect by providing a unified architectural theme through out the development. This development falls within the Highway Corridor Overlay and must comply with the district's design standards in addition to the Industrial Office Park Standards. The purpose of the overlay _ district is to promote high-quality architectural and site design through improved development standards with the corridor. The design standards should create a unified, harmonious and high quality visual environment. The plan and design of the proposed development meets the intent of the overlay district with the following features: • The building will be one story and the architectural style is unique to the building but will fit in. The building will provide a variation in style through the use of brick, block, glass, and pitched roof elements. The building is utilizing exterior materials that are durable and of high quality. Samples of the materials will be available at the meeting. • The site slopes easterly, and grading of the site is required. The landscaping plan provides a variety of plant materials that are massed where possible,particularly along Highway 5. The berms and landscaping materials will be continuous along the perimeter of the site. The plant materials are repetitious in some locations and variable in others. Proposed plant materials are indigenous to Minnesota. A curb is required along the perimeter of the green space area. All planting areas are adequate in size to allow trees to grow. Additional plantings along the south portion of the site to further screen the loading dock will be required. • A parking lot light plan is required. The plan should incorporate the light style and height. A detailed sign plan which include lighting method has not been submitted. However, in the project narrative, the applicant stated that they intend to use the signage criteria previously approved for Phase I. Facade signage will be raised backlit letters, within a consistent band above the face brick entries. All signage will be uniform color with letters at maximum of 2 feet and logos at a maximum of 30 inches. • The site plan fails to show the trash enclosure location. The dumpsters must be screened by a wing-wall and doors with siding and trim to match the building. Current state CSM Corporation Phase II August 26, 1996 Page 5 statutes require that recycling space be provided for all new buildings. The area of the recycling space must be dedicated at the rate specified in Minnesota State Building Code — (MSBC) 1300.4700 Subp. 5. The applicant should demonstrate the required area will be provided in addition to the space required for other solid waste collection space. Recycling space and other solid waste collection space should be contained within the same enclosure. SITE PLAN FINDINGS In evaluating a site plan and building plan, the city shall consider the development's compliance — with the following: (1) Consistency with the elements and objectives of the city's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted; (2) Consistency with this division; (3) Preservation of the site in its natural state to the extent practicable by minimizing — tree and soil removal and designing grade changes to be in keeping with the general appearance of the neighboring developed or developing areas; (4) Creation of a harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development; — (5) Creation of functional and harmonious design for structures and site features, with special attention to the following: a. An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants, visitors and general community; b. The amount and location of open space and landscaping; c. Materials,textures, colors and details of construction as an expression of _ the design concept and the compatibility of the same with adjacent and neighboring structures and uses; and d. Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public CSM Corporation Phase II August 26, 1996 Page 6 streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. (6) Protection of adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. Finding: The proposed development is consistent with the City's Highway 5 corridor design requirements, the comprehensive plan, the zoning ordinance, and the site plan review requirements. The site design is compatible with the surrounding development. It is functional and harmonious with the approved development for this area. —' WETLANDS _ A wetland delineation report was prepared by John Anderson with Wetlands Data as part of the first phase of this project. The applicant has indicated on the plan sheet that no wetlands exist on this site. These findings have been reviewed and confirmed by both City staff and a Technical Evaluation Panel. SURFACE WATER MANAGEMENT PLAN(SWMP) The City has adopted a Surface Water Management Plan (SWMP)that serves as a tool to protect, preserve and enhance water resources. The plan identifies, from a regional perspective, the stormwater quantity and quality improvements necessary to allow future development to take place and minimize its impact to downstream water bodies. In general,the water quantity portion of the plan uses a 100-year design storm interval for ponding and a 10-year design storm interval for storm sewer piping. The water quality portion of the plan uses William Walker,Jr.'s Pondnet model for predicting phosphorus concentrations in shallow water bodies. An ultimate conditions model has been developed at each drainage area based on the projected future land use and, therefore,different sets of improvements under full development were analyzed to determine the optimum phosphorus reduction in priority water bodies. The development will be required to be constructed in accordance with the City's Surface Water Management Plan. Storm Water Quality Fees The SWMP has established a water quality connection charge for each new subdivision based on land use. Dedication shall be equal to the cost of land and pond volume needed for treatment of the phosphorus load leaving the site. The requirement for cash in lieu of land and pond construction shall be based upon a schedule in accordance with the prescribed land use zoning. Values are calculated using market values of land in the City of Chanhassen plus a value of$2.75 per cubic CSM Corporation Phase II August 26, 1996 Page 7 yard for excavation of the pond. The proposed SWMP water quality charge for industrial developments is $4,633/acre. The water quality fee for the proposed development will be$35,442 which does not include Outlot B. This lot will be charged SWMP fees upon development. Storm Water Quantity Fees The SWMP has established a connection charge for the different land uses based on an average city-wide rate for the installation of water quantity systems. This cost includes land acquisition, — proposed SWMP culverts, open channels and storm water ponding areas for runoff storage. Industrial developments will have a connection charge of$4,360 per developable acre. The total area of the proposed development is 7.65 acres. Therefore,the applicant would then be responsible for a water quantity connection charge of$33,354. As part of Phase I of this development, a regional stormwater pond has been designed for both — water quality and quantity SWMP credits. Due to the construction of this over-sized regional pond, the City currently owes the applicant $100,309 in SWMP credits. The SWMP fees incurred due to this proposed development total $68,796. This leaves the City owing a balance of$31,512 to the applicant upon completion and acceptance of the pond by the City. By over-sizing this NURP pond the applicant has provided water quality treatment for existing — runoff, runoff generated as the result of this proposed development and storm water generated by future development. As the remaining area becomes developed the City will recover the SWMP Credits given to the applicant. — GRADING AND DRAINAGE The grading plan proposes minimal grading in order to prepare the site for the building and parking lot facilities. Landscaped berms are proposed along Trunk Highway 5 and Lake Drive East. The site is designed to drain via storm sewer to the southeast where the storm water will discharge into the existing storm drainage system in Lake Drive East. As a part of Phase I the applicant is constructing a regional pond on the southwest corner of Lake Drive East and Dell Road. The storm water from this development will be conveyed via storm water pipes in Lake Drive East to the regional pond for pretreatment prior to discharging into Eden Prairie. The applicant's engineer will need to submit to the City for review and approval detailed storm — drainage calculations for the storm sewer for a 10-year storm event, 24-hour duration. Upon review of these calculations, additional catch basins may be required. CSM Corporation Phase II August 26, 1996 Page 8 It appears some site grading may encroach into Trunk Highway 5 right-of-way. This work will require a permit from MnDOT. As a part of site grading the existing monument sign for DataSery will need to be relocated. EROSION CONTROL Erosion control measures and site restoration shall be developed in accordance with the City's Best Management Practice Handbook(BMPH). The final grading plan shall incorporate erosion control fence (Type I) around the perimeter of the grading limits. Some of the erosion control fence has already been installed. Rock construction entrances are proposed at the access points. Erosion control measures shall be maintained until the parking lot areas have been paved with a bituminous surface and the site restored with sod, seed and landscaping. Hay bales and/or rock dikes shall be installed around all catch basins until the parking lots have been paved. UTILITIES _ Individual sewer and water services have been extended to the lots from Lake Drive East. All utilities installed outside the City's drainage and utility easements or right-of-way shall be considered private and not maintained by the City. These utilities will be inspected by the City's Building Department. The applicant and/or contractor shall be responsible for obtaining the appropriate permits from the City's Building Department. The plans propose on relocating an existing hydrant on Lake Drive East. Staff recommends the applicant consider realigning the driveway access to avoid impacts to the hydrant and using the existing water service available from Lake Drive East. Since this development is not installing any public improvements it is not necessary for the applicant to enter into a development contract with the City; however, staff does recommend that a site plan agreement be prepared. STREETS/PARKING/INTERIOR CIRCULATION The site is proposed to be accessed from three driveway access points off Lake Drive East. The easterly access drive is proposed to be shared with the site to the east (Phase I) which is under construction. A cross-access and maintenance agreement will need to be recorded against the parcel. In conjunction with Phase I of this development, a traffic study was prepared for the intersection of Lake Drive East and Dell Road. The traffic study revealed acceptable levels of service through Phase I of the development and eventually a level of service"B" for the forecast year 2005, assuming a signalized intersection. Based on the traffic study, it appears a traffic signal may be required in the future at Lake Drive East and Dell Road. The developer shall be responsible for a share of the local cost participation of this traffic signal on a percentage basis CSM Corporation Phase II August 26, 1996 Page 9 based upon traffic generation from full development of this site in relation to the total traffic volume of Dell Road. A condition will be placed in the site plan permit accordingly. A 6-foot wide concrete sidewalk exists along the north side of Lake Drive East. In conjunction with driveway curb cuts, pedestrian ramps will need to be constructed at all access points. MISCELLANEOUS — The preliminary plat proposes replatting all of Phase I which is not necessary. The final plat should only replat Outlot A, Chanhassen East Business Center into three lots (Lots 1 and 2, Block 1 and Outlot A). In addition, the plat name shall be changed to Chanhassen East Business Center 2"d Addition. STREETS/PARKING/INTERIOR CIRCULATION The site is proposed to be serviced from three driveway access points off of Lake Drive East. The — easterly access drive is proposed to be shared with the site under construction (CSM Phase I) to the east in the future. The City's parking ordinance for office warehouse buildings requires a total of 204 spaces for both buildings combined. The applicant is providing 207 spaces. The Minnesota State Building Code(MSBC) requires that handicapped parking spaces be provided at the rate of one handicapped space per every 25 spaces in the lot(s). This calculates out to 8 spaces. The submitted site plan includes eight handicapped parking spaces. The — Americans with Disabilities Act (ADA)has specific requirements for van spaces which currently are not part of the MSBC. These requirements are not enforced by the Inspections Division, but should be incorporated into the site plan. Site approaches are regulated by the MSBC, and are not detailed on the site plan. Curb cuts, width, texture and slope are details that must be included on the site plans. _ LANDSCAPING The landscaping plan submitted by the applicant includes plantings mirror landscaping done as part of the first phase. Similar species are used along with spacing patterns and locations. The plant schedule includes a total of 123 trees, 108 deciduous and 15 evergreen. To meet city _ ordinance applicant will need to increase the number of evergreens to 20% of the total number of trees planted. With 123 trees total, 25 will need to be evergreens. The applicant has met parking lot requirements for the development by providing landscaped peninsulas and boulevards along the lots. The city requires that a tree be planted every 30 feet CSM Corporation Phase II August 26, 1996 Page 10 along street frontage and landscape plans do not meet the number needed. A total of 22 additional trees are needed to satisfy the ordinance requirements. Staff would like to see that the additional trees be evergreens and used along East Lake Drive in order to more effectively screen the loading dock areas and along the western edge of the property in order to create a windbreak for the parking lot. LIGHTING Lighting locations for the parking lot have not been illustrated on the plans. Only shielded fixtures are allowed and the applicant shall demonstrate that there is no more than 1/2 foot candles of light at the property line as required by ordinance. A detailed lighting plan should be submitted when building permits are requested. Accent lights are located above entry ways into the buildings. Street lights consistent with Lake Drive East will be at 200 feet intervals, staggered from one side to the other. SIGNAGE The applicant has not submitted a signage plan. One ground low profile business sign is permitted per lot. The area of the sign may not exceed 80 square feet and a height of 8 feet. Also, one wall mounted sign per business shall be permitted per street frontage. The total display area shall not exceed 15% of the total area of the building wall upon which the signs are mounted. No sign may exceed 90 square feet. Staff is recommending the same criteria be followed as Phase I. Sign Criteria: 1. All businesses within a single building shall share one monument sign. One monument sign per lot. Monument signage shall be subject to the monument standards in the sign ordinance. 2. Wall signs are permitted on no more that 2 street frontages. The letters shall be located within a designated sign band. 3.- All signs require a separate permit. 4. The signage will have consistency throughout the development and add an architectural accent to the building. 5. Consistency in signage shall relate to color, size, materials, and heights. CSM Corporation Phase H August 26, 1996 _ Page 11 6. No illuminated signs within the development may be viewed from the residential _ section south and west of the site. 7. Back-lit individual letter signs are permitted. _ 8. Individual letters may not exceed 2 feet and logos may not exceed 30 inches in height. _ 9. Only the name and logo of the business occupying the unit will be permitted on the sign. — The applicant must obtain a sign permit prior to erecting the signs on site. One stop sign must be posted on the driveway at the exit point of both sites. A detailed sign plan incorporating the — method of lighting, acceptable to staff should be provided prior to requesting a building permit. COMPLIANCE TABLE - IOP DISTRICT Ordinance Building 3 Building 4 — Building Height 2 stories 1 story 1 story Building Setback N-30' E-10' N-105' E-85' N-80' E-40' S-30' W-10' S-80' W-35' S-80' W-75' Parking stalls 123 & 81 stalls 123 stalls 84 stalls Parking Setback N-25' E-25' N-38' E-NA' N-31' E-NA S-25' W-10' S-30 W-NA S-30' W-10' Hard surface 70% 69.5% 64% Coverage Lot Area 1 acre 4.40 acres 3.25 acres PARK AND TRAIL DEDICATION FEES CSM Corporation Phase II August 26, 1996 Page 12 The City is requiring that park and trails fees be submitted in lieu of park land. Fees are to be paid in accordance to city ordinance. One third of the fees will be required at the time of final plat recording. SUBDIVISION The subdivision proposal will subdivide 10.95 acres into two lots and one outlot. Lots 1 and 2, will contain office/warehouse buildings. Outlot B will be reserved for future development. The applicant should change the name of the plat from Chanhassen East Business Center Block 3 to Chanhassen East Business Center Second Addition. Also, Block 3 should be changed to Block 1. The subdivision request is a relatively straightforward action. Standard drainage and utility easements around the perimeter of all lots are illustrated on the plat. STAFF RECOMMENDATION Staff recommends that Planning Commission adopt the following motion: I. SITE PLAN REVIEW "The Planning Commission recommends approval of Site Plan Review#95-18 for CSM Phase II, as shown on the site plan received July 23, 1996, subject to the following conditions: 1. The applicant shall increase the number of evergreens in plant schedule to 20%of the total number of trees. Also, increase the number of trees used along street frontage by 22. These additional trees shall be evergreens and used along Lake Drive East to maximize screening of the loading docks and along the western edge to create a windbreak for the neighboring parking lot. 2. The materials used to screen the trash enclosure shall be the same type of brick used on the building. 3. Signage criteria: a. Each building shall share one monument sign. One monument sign per lot. Monument signage shall be subject to the monument standards in the sign ordinance. b. Wall signs are permitted on no more that 2 street frontages. The letters shall be located within a designated sign band. c. All signs require a separate permit. CSM Corporation Phase II August 26, 1996 Page 13 d. The signage will have consistency throughout the development and add an architectural accent to the building. e. Consistency in signage shall relate to color, size,materials, and heights. f. No illuminated signs within the development may be viewed from the residential — section south and west of the site. g. Back-lit individual letter signs are permitted. — h. Individual letters may not exceed 2 feet and logos may not exceed 30 inches in height. — i. Only the name and logo of the business occupying the unit will be permitted on the sign. j. The applicant must obtain a sign permit prior to erecting the signs on site. A detailed sign plan incorporating the method of lighting, acceptable to staff should be provided prior to requesting a sign permit. k. One stop sign must be posted on the driveway at the exit point of both sites. 4. The applicant shall enter into a site plan contract with the city and provide the necessary — financial securities as required for landscaping. 5. Fire Marshal conditions: — 6. Concurrent with the building permit, a detailed lighting plan meeting city standards shall be submitted. 7. Revise plans to provide one additional accessible parking space, for a total of five, at building three as requested in the Building Official's attached memo. 8. All roof top equipment must be screened in accordance with city ordinances. 9. Submit revised building elevation drawings showing two pitched roof top elements per — building." CSM Corporation Phase II August 26, 1996 Page 14 IL SUBDIVISION "The Planning Commission recommends the City Council approve the preliminary plat for Subdivision#95-18 for Chanhassen East Business Center Second Addition as shown on the plat received July 23, 1996, with the following conditions: 1. Park and trail dedication fees to be collected per city ordinance. Ilmor 2. The name of the subdivision shall be changed to Chanhassen East Business Center Second Addition, and Block 3 shall be changed to Block 1. 3. All areas disturbed as a result of construction activities shall be immediately restored with seed and disc-mulched or wood-fiber blanket or sod within two weeks of completion of _ each activity in accordance with the City's Best Management Practice Handbook. All catch basins shall be protected with silt fence or hay bales until the parking lot is paved. 4. The applicant shall provide detailed pre-developed and post-developed stormwater calculations for a 10-year and 100-year storm event, 24-hour duration. Individual storm sewer calculations between each catch basin segment will also be required to determine if sufficient catch basins are being utilized. 5. The appropriate drainage and utility easements should be dedicated on the final plat for all utilities. 6. The applicant shall dedicate a cross-access easement over Lots 2,Block 1, Chanhassen East Business Center, and Lot 1,Block 1, Chanhassen East Business Center Second Addition. The applicant shall enter into a site plan permit with the City and provide the necessary financial security to guarantee compliance with the permit. 7. The applicant shall develop a sediment and erosion control plan in accordance with the City's Best Management Practice Handbook and Surface Water Management requirements for new development. Erosion control fencing shall be installed around the perimeter of the site. All areas disturbed as a result of construction activities shall be immediately restored with seed and wood fiber blanket or sod within two weeks of completion of each activity in accordance with the City's Best Management Practice Handbook. The applicant will be responsible for all boulevard restoration or damage to existing City utilities or street improvements as a result of construction. 8. The applicant shall provide detailed storm sewer calculations for a 10-year storm event, 24-hour duration for the City Engineer to review and approve prior to final plat approval. The applicant shall provide detailed pre-developed and post-developed storm water CSM Corporation Phase II August 26, 1996 Page 15 calculations for 100-year storm events. Individual storm sewer calculations between each _ catch basin segment will also be required to determine if sufficient catch basins are being utilized. 9. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, i.e. Watershed District, Metropolitan Council Waste Water Services, Minnesota Health Department, Minnesota Pollution Control Agency and Minnesota Department of _ Transportation and comply with their conditions of approval. 10. No berming or landscaping will be allowed within street right-of-way. — 11. The applicant shall report to the City Engineer the location of any drain tile found during construction and shall relocate or abandon the drain tile as directed by the City Engineer. — 12. The installation of traffic signals at the intersection of Lake Drive East and Dell Road is expected in the future. The developer shall be responsible for a share of the local cost — participation of this signal on a percentage basis based upon traffic generation from full development of this site in relation to the total traffic volume on Dell Road. The developer and/or property owner shall waive any and all procedural and substantive -` objections to the special assessment, including,but not limited to, hearing requirements or any claim that the assessment exceeds the benefit to the property. 13. The applicant shall consider realigning the middle driveway access to avoid relocating the existing fire hydrant on Lake Drive East." ATTACHMENTS 1. Memo from Dave Hempel,Assistant City Engineer, dated August 15, 1996. 2. Memo from Steve Kirchman, Building Official, dated August 14, 1996. 3. Narrative. 4. Memo from Mark Littfin, Fire Marshal dated August 14, 1996. 5. Plans received July 23, 1996. CITY OF CHANHASSEN1 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Sharmin Al-Jaff, Planner H FROM: Dave Hempel, Assistant City Engineer Phillip Elkin,Water Resources Coordinator j \' DATE: August 15, 1996 SUBJ: Review of Site Plan for CSM Corporation-Phase II and Preliminary Plat Documents for Block 3, Chanhassen East Business Center, File No. 96-27 LUR Upon review of the preliminary plat documents prepared by RLK &Associates dated July 19, 1996, we offer the following comments and recommendations: WETLANDS A wetland delineation report was prepared by John Anderson with Wetlands Data as part of the first phase of this project. The applicant has indicated on the plan sheet that no wetlands exist on this site. These findings have been reviewed and confirmed by both City staff and a Technical Evaluation Panel. SURFACE WATER MANAGEMENT PLAN(SWMP) The City has adopted a Surface Water Management Plan(SWMP)that serves as a tool to protect, preserve and enhance water resources. The plan identifies,from a regional perspective,the stormwater quantity and quality improvements necessary to allow future development to take place and minimize its impact to downstream water bodies. In general,the water quantity portion of the plan uses a 100- _ year design storm interval for ponding and a 10-year design storm interval for storm sewer piping. The water quality portion of the plan uses William Walker,Jr.'s Pondnet model for predicting phosphorus concentrations in shallow water bodies. An ultimate conditions model has been developed at each drainage area based on the projected future land use and, therefore,different sets of improvements under full development were analyzed to determine the optimum phosphorus reduction in priority water bodies. The development will be required to be constructed in accordance with the City's Surface Water Management Plan. Sharmin Al-Jaff CSM Corporation - Phase II August 15, 1996 Page 2 Storm Water Quality Fees _ The SWMP has established a water quality connection charge for each new subdivision based on land use. Dedication shall be equal to the cost of land and pond volume needed for treatment of the phosphorus load leaving the site. The requirement for cash in lieu of land and pond construction shall _ be based upon a schedule in accordance with the prescribed land use zoning. Values are calculated using market values of land in the City of Chanhassen plus a value of$2.75 per cubic yard for excavation of the pond. The proposed SWMP water quality charge for industrial developments is _ $4,633/acre. The water quality fee for the proposed development will be$35,442 which does not include Outlot B. This lot will be charged SWMP fees upon development. Storm Water Quantity Fees The SWMP has established a connection charge for the different land uses based on an average city- wide rate for the installation of water quantity systems. This cost includes land acquisition, proposed — SWMP culverts,open channels and storm water ponding areas for runoff storage. Industrial developments will have a connection charge of$4,360 per developable acre. The total area of the proposed development is 7.65 acres. Therefore, the applicant would then be responsible for a water — quantity connection charge of$33,354. As part of Phase I of this development, a regional stormwater pond has been designed for both — water quality and quantity SWMP credits. Due to the construction of this over-sized regional pond,the City currently owes the applicant$100,309 in SWMP credits. The SWMP fees incurred due to this proposed development total $68,796. This leaves the City owing a balance of$31,512 to the applicant upon completion and acceptance of the pond by the City. By over-sizing this NURP pond the applicant has provided water quality treatment for existing runoff, runoff generated as the result of this proposed development and storm water generated by future development. As the remaining area becomes developed the City will recover the SWMP — Credits given to the applicant. GRADING AND DRAINAGE — The grading plan proposes minimal grading in order to prepare the site for the building and parking lot facilities. Landscaped berms are proposed along Trunk Highway 5 and Lake Drive — East. The site is designed to drain via storm sewer to the southeast where the storm water will — discharge into the existing storm drainage system in Lake Drive East. As a part of Phase I the applicant is constructing a regional pond on the southwest corner of Lake Drive East and Dell Sharmin Al-Jaff CSM Corporation - Phase II August 15, 1996 Page 3 Road. The storm water from this development will be conveyed via storm water pipes in Lake Drive East to the regional pond for pretreatment prior to discharging into Eden Prairie. The applicant's engineer will need to submit to the City for review and approval detailed storm drainage calculations for the storm sewer for a 10-year storm event, 24-hour duration. Upon review of these calculations, additional catch basins may be required. It appears some site grading may encroach into Trunk Highway 5 right-of-way. This work will require a permit from MnDOT. As a part of site grading the existing monument sign for Datasery will need to be relocated. EROSION CONTROL Erosion control measures and site restoration shall be developed in accordance with the City's Best Management Practice Handbook (BMPH). The final grading plan shall incorporate erosion control fence (Type I) around the perimeter of the grading limits. Some of the erosion control fence has already been installed. Rock construction entrances are proposed at the access points. Erosion control measures shall be maintained until the parking lot areas have been paved with a bituminous surface and the site restored with sod, seed and landscaping. Hay bales and/or rock dikes shall be installed around all catch basins until the parking lots have been paved. UTILITIES Individual sewer and water services have been extended to the lots from Lake Drive East. All utilities installed outside the City's drainage and utility easements or right-of-way shall be considered private and not maintained by the City. These utilities will be inspected by the City's Building Department. The applicant and/or contractor shall be responsible for obtaining the appropriate permits from the City's Building Department. The plans propose on relocating an existing hydrant on Lake Drive East. Staff recommends the applicant consider realigning the driveway access to avoid impacts to the hydrant and using the existing water service available from Lake Drive East. Since this development is not installing any public improvements it is not necessary for the applicant to enter into a development contract with the City; however, staff does recommend that a site plan agreement be prepared. STREETS/PARKING/INTERIOR CIRCULATION The site is proposed to be accessed from three driveway access points off Lake Drive East. The easterly access drive is proposed to be shared with the site to the east(Phase I) which is under Sharmin Al-Jaff CSM Corporation - Phase II August 15, 1996 — Page 4 construction. A cross-access and maintenance agreement will need to be recorded against the parcel. _ In conjunction with Phase I of this development, a traffic study was prepared for the intersection of Lake Drive East and Dell Road. The traffic study revealed acceptable levels of service through Phase I of the development and eventually a level of service"B"for the forecast year 2005, assuming a signalized intersection. Based on the traffic study, it appears a traffic signal may be required in the future at Lake Drive East and Dell Road. The developer shall be responsible for a — share of the local cost participation of this traffic signal on a percentage basis based upon traffic generation from full development of this site in relation to the total traffic volume of Dell Road. A condition will be placed in the site plan permit accordingly. — A 6-foot wide concrete sidewalk exists along the north side of Lake Drive East. In conjunction with driveway curb cuts,pedestrian ramps will need to be constructed at all access points. — MISCELLANEOUS The preliminary plat proposes replatting all of Phase I which is not necessary. The final plat should only replat Outlot A, Chanhassen East Business Center into three lots (Lots 1 and 2, Block 1 and Outlot A). In addition, the plat name shall be changed to Chanhassen East Business Center — 2"d Addition. RECOMMENDED CONDITIONS OF APPROVAL 1. The applicant shall enter into a site plan permit with the City and provide the necessary — financial security to guarantee compliance with the permit. 2. The applicant shall develop a sediment and erosion control plan in accordance with the City's Best Management Practice Handbook and Surface Water Management requirements for new development. Erosion control fencing shall be installed around the perimeter of the site. — 3. All areas disturbed as a result of construction activities shall be immediately restored with seed and wood fiber blanket or sod within two weeks of completion of each activity in — accordance with the City's Best Management Practice Handbook. The applicant will be responsible for all boulevard restoration or damage to existing City utilities or street improvements as a result of construction. _ Sharmin Al-Jaff CSM Corporation - Phase H August 15, 1996 Page 5 4. The applicant shall provide detailed storm sewer calculations for a 10-year storm event, 24- hour duration for the City Engineer to review and approve prior to final plat approval. The applicant shall provide detailed pre-developed and post-developed storm water calculations for 100-year storm events. Individual storm sewer calculations between each catch basin segment will also be required to determine if sufficient catch basins are being utilized. 5. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, i.e. Watershed District, Metropolitan Council Waste Water Services, Minnesota Health Department, Minnesota Pollution Control Agency and Minnesota Department of Transportation and comply with their conditions of approval. 6. No berming or landscaping will be allowed within street right-of-way. 7. The applicant shall report to the City Engineer the location of any drain tile found during construction and shall relocate or abandon the drain tile as directed by the City Engineer. S. The installation of traffic signals at the intersection of Lake Drive East and Dell Road is expected in the future. The developer shall be responsible for a share of the local cost participation of this signal on a percentage basis based upon traffic generation from full development of this site in relation to the total traffic volume on Dell Road. The developer and/or property owner shall waive any and all procedural and substantive objections to the special assessment, including, but not limited to, hearing requirements or any claim that the assessment exceeds the benefit to the property. 9. The applicant shall consider realigning the middle driveway access to avoid relocating the existing fire hydrant on Lake Drive East. 10. A cross-access and maintenance agreement shall be recorded against Phases I and II for use of the common drive access on the east end of Lot 1, Block 3 11. The plat name shall be changed to Chanhassen East Business Center 2"Addition _ — ktm c: Charles Folch, Director of Public Works g:'eng4avecsmii.spr.doc CITYOF — CHANHASSEN Wrp;- 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 — (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM — TO: Sharmin Al-Jaff, Planner II FROM: Mark Littfin, Fire Marshal DATE: August 14, 1996 — SUBJECT: Preliminary plat approval of approximately 10.95 acres of property into two lots and one outlot, site plan review of two office warehouse buildings with an area — of 64,000 square feet and 40,600 square feet on property zoned IOP and located in the southwest corner of Dell Road and Hwy 5. I have reviewed the site plan for the above project. In order to comply with the Chanhassen Fire Department/Fire Prevention Division, I have the following fire code or city ordinance/police requirements. Site plan review is based on the available information submitted at this time. As _ additional plans or changes are submitted,the appropriate code or policy items will be addressed. 1. A ten foot clear space shall be maintained around fire hydrants ie. street lamps,trees, shrubs, — bushes,NSP, US West, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by fire fighters, pursuant to City Ordinance 9-1. — 2. Comply with Chanhassen Fire Department/Fire Prevention Policy 29-1992 (premise identification), copy enclosed. — 3. Fire lanes will be marked with appropriate No Parking Fire Lane signs and yellow painted curbing. Fire Marshal will determine fire lanes during the building plan review process. Contact Chanhassen Fire Marshal for exact location of signs and curbing to be painted. 4. Post indicator valves (PIV)valves are required. Indicate on plans location of post indicator valves for review and approval. 5. Fire Department sprinkler locations shall be located in the following areas; building#4 in the southeast corner of the building, building#3 in the southwest corner of the building. Contact Chanhassen Fire Marshal for exact locations. — 6. Comply with Chanhassen Fire Department/Fire Prevention Policy 04-1991 (fire department notes to be included on site plan), copy enclosed. — CSM Phase II 4MPlan Reveiw Page 2 7. Comply with Chanhassen Fire Department/Fire Prevention Policy 07-1991 (pre-fire plans), copy enclosed. 8. Comply with inspection division installation policy 34-1993 (water service installation for commercial and industrial buildings), copy enclosed. 9. Comply with Chanhassen Fire Department/Fire Prevention Policy 36-1994 (combination domestic fire sprinkler supply line),copy enclosed. g\safety'nl'hwy5&dell CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 , MEMORANDUM TO: Sharmin Al-Jaff, Planner II FROM: Steve A. Kirchman, Building Official .c.k\Kr, DATE: August 14, 1996 SUBJECT: 95-18 SPR(CSM Corporation) I was asked to review the site plan proposal stamped "CITY of CHANHAssffiy RECEIVED, JUL 23 1995, CHANHASSEN PLANNING DEPT„ for the above referenced project. Analysis: _ The Uniform Building Code regulates the number of required accessible parking spaces in Appendix Chapter 11, Table A-11-A. Building 3 is shown on the plan as having 123 parking spaces four of which are accessible spaces. Table A-11-A requires five accessible spaces. Recommendation: _ The following item should be included with the conditions of approval: 1. Revise plans to provide one additional accessible parkingpace, for a total of five,at building 3. g:\safery'1sal memos\plan\csmcorp2 CSM CORPORATION CHANHASSEN EAST BUSINESS CENTER PHASE H State Highway 5 and Dell Road Chanhassen, Minnesota _ PROJECT NARRATIVE July 19, 1996 Introduction This project narrative is being submitted on behalf of CSM Corporation for the second phase of a proposed office/warehouse development abutting State Highway 5 and west of Dell Road. The parcel being proposed for a subdivision and site plan review is the 11.0 acre Outlot A of the recently platted Chanhassen East Business Center. CSM Corporation,previous submittal, which was approved by the City earlier this year, (Block 1, Lots 1 and 2 for two buildings totaling 128,000 s.f.)is now under construction. The subdivision proposed for Outlot A will add two additional lots and an outlot. The proposed buildings and site design are similar in nature and will compliment the high quality design CSM Corporation adhered to in the original subdivision of the Chanhassen East Business Center. CSM Corporation,formerly Colonial Services&Management, Inc.,was incorporated on _ December 3, 1976 under the laws of the State of Minnesota. It is engaged in the acquisition, development, leasing,financing,property management, and sale of real estate in Colorado, Illinois, Iowa, Kansas,Minnesota,Missouri,North and South Dakota,Wisconsin,Wyoming, and Oregon. CSM Corporation is a licensed real estate broker in the State of Minnesota. CSM Investors, Inc. was incorporated October 28, 1981. It's primary purpose is to acquire and/or develop real estate. CSM Investors relies on CSM Corporation for property management services. CSM and its affiliates are currently the owner,management and leasing agents for over 3,900 apartment and townhome units. In addition, CSM Corporation and its affiliates,own and manage eighteen shopping centers totaling a leasable area of over 753,600 square feet, 54,000 square feet of office space,and 989,700 square feet of office/warehouse/showroom space, and 1,410,500 square feet of warehouse space,and a 162 unit hotel. Tom Rocheford will continue his active involvement in Phase II as the project manager and representative of CSM Corporation,and Mark Kuesnerick of CSM will also continue as the project architect. RLK Associates,Ltd.will continue serving as site planner, landscape architect and engineering consultant for this project. RLK Associates is a planning, design and engineering firm located in Minnetonka. The firm has extensive previous experience in working with the City of Chanhassen, and was fortunate to have worked on the original CSM submittal currently under construction. John Dietrich and Steven Schwanke are the principal contacts for this project. Chanhassen East Business Center Project Narrative July 19, 1996 Page 1 Submittal The submittal is for a preliminary and final plat, and site plan approval for the 11.0 acre Outlot A _ of the Chanhassen East Business Center. The subject property is zoned IOP, Industrial Office Park,and is guided for"Office/Industrial" land uses. The Highway 5 corridor overlay district has been adhered to for site design, screening of parking areas, architectural variety and quality of building materials. The application for Block 3, Lots 1 and 2 will provide an additional 104,600 s.f. of high quality office/industrial space. The application will continue to enhance the entry to the City of Chanhassen by complimenting to Phase I development and promote the public/private partnership which was essential in Phase I. The material submitted with this application includes a completed application form for a preliminary plat subdivision and site plan approval,a list of property owners within 500 feet of the property and a check for$1,448.00. In addition,the following plan sheets are being submitted. • Sheet 1 of 9: Cover Sheet • Sheet 2 of 9: Existing Conditions/Approved Plan • Sheet 3 of 9: Preliminary Plat(Chanhassen East Business Center Block 3) • Sheet 4 of 9: Preliminary Site Plan • Sheet 5 of 9: Preliminary Grading, Drainage and Erosion Control Plan • Sheet 6 of 9: Preliminary Utility Plan • Sheet 7 of 9: Preliminary Landscape Plan • Sheet 8 of 9: Architectural Building Elevations • Sheet 9 of 9: Landscape Detail Sheet _ This preliminary plat application for CSM Corporation is the second application submitted by CSM on the former DataSery site within the last nine months. CSM is committed to continuing its relationship with the City developed throughout the Phase I submittal. It is RLK's understanding with the application being submitted on July 19, 1996,the preliminary plat will be before the Planning Commission on August 21, 1996,and before the City Council for a preliminary and final plat and site plan approval on September 9, 1996. Existing Conditions/Approved Plan The existing conditions/approved plan identifies the entire Chanhassen East Business Center plat which includes approximately 60 acres. The property ownership north of Lake Drive East is now under CSM ownership and consists of approximately 21.3 acres. DataSery continues to occupy and control the remaining 39+acres south of Lake Drive East,which is now identified as Block 2, Lot 1 of the Chanhassen East Business Center. The approved Phase I developments on the Chanhassen East Business Center includes two 64,000 s.f. buildings occupying Block 1, Lots 1 and 2, regional stormwater retention pond within a public drainage and utility easement,dedication — of right of way for Lake Drive East and the western half of Dell Road and the completion of Dell Road from Lake Drive East to the Eden Prairie city limits. The plan sheet has merged the improvements approved in the original Chanhassen East Business Center plat with the existing — topographical and utility information. Outlot A currently occupies the western half of the CSM property and has direct access to Lake Drive East and is serviced by utilities. The topography has a high point in the center and slopes to the east and west. The proposed development has been Chanhassen East Business Center Project Narrative July 19, 1996 Page 2 anticipated and the regional stormwater pond under construction will receive the stormwater and pretreat the run-off,prior to discharge to the City of Eden Prairie. Preliminary Plat The preliminary plat for the CSM Phase II development focuses on the existing 11.0 acre Outlot A. Outlot A will be subdivided into three parcels. • Block 3,Lot 1: Consisting of 4.40 acres and accommodating a 64,000 s.f. structure. • Block 3,Lot 2: Consisting of 3.25 acres and accommodating a 40,600 s.f. structure. • Outlot B: A 3.30 acre outlot occupying the western 1/3 of the current Outlot A. The plat focuses on the internal subdivision of 11.0 acres and will provide the required drainage and utility easements for the platted lots. There is not a perceived need for any additional public right of way,and the existing sidewalk along Lake Drive East will remain. Outlot B will remain undeveloped throughout the plat application of Block 3, Chanhassen East Business Center. Preliminary Site Plan The site plan for Block 3, Lots 1 and 2 will follow the same criteria which was previously approved for Block 1, Lots 1 and 2. The structures will be setback approximately 100 feet from Highway 5. The parking along Highway 5 will be screened by creating berms 3 to 4 feet in height above the parking lot surface. Both lots will continue the quality landscaping and architectural treatment consistent with the previous approval. The parking ratio of 1.9 to 2.0 stalls per 1,000 s.f. for the combined office/warehouse structure is also consistent with the previously approved development. The north/south visual corridor centrally located between the two developments has been widened and enhanced by landscaping as required. The site plan provides for a realigned entrance at the southwest corner of Block 1, Lot 2 which will simplify the turning movements and present a green belt running north and south between the two phases. A second access between Phase I and H is being proposed along the north portion of the site which will promote internal _ circulation flow without utilizing the public right of way. All code requirements have been met, and no variances or conditional use permits are required for this development. _ Preliminary Grading, Drainage and Erosion Control Plan The Phase I development provided the necessary stormwater ponding requirements for this district within full compliance of the City's stormwater management plan. The proposed plan identifies a pervious ratio 30.5%for Block 3, Lot 1 and 36%for Block 3, Lot 2. The grading plan proposes finished floor elevations(FFE)of 934 and 936 for Lots 1 and 2 respectively. For reference, Block 1,Lots 1 and 2 FFE's were 923 and 926. The decision to step the FFE will create added visual _ interest and respect the existing topography of the site. The stormwater flows from each site will be directed to Lake Drive East which will utilized the new regional treatment pond. Located along Highway 5 and Lake Drive East is a 30'setback. Within these areas,undulating berms which will screen the parking and service areas are proposed. Locations of the access to each lot has been placed between the buildings to allow smooth vehicular access and an increased screening quality of the actual parking and service areas. Chanhassen East Business Center Project Narrative July 19, 1996 Page 3 Preliminary Utility Plan The utility plan provides for the proper connection to the public services of water and sanitary sewer. The sanitary sewer will utilize existing stubs provided from each sanitary sewer manhole along East Lake Drive. The water system will interconnect with Phase I and provide a loop system to service the building. Two connections are also proposed for the water system at East Lake Drive. The hydrants are proposed to be placed at approximately a 300'spacing. The watermain system and all fire hydrants will be installed acceptable to the Fire Marshal's recommendation. Preliminary Landscape Plan The plan as designed will continue with the same pallet of plant materials which were well received in Phase I. The plan proposes to essentially match the design and placement of plant material which will blend and integrate the entire CSM development. The plan utilizes a linear row of overstory trees along the perimeter and incorporates clusters of plant groupings for year round color and interest. An expanded viewshed has been established between Block 3,Lot 1,and Block 1, Lot 2 for the primary viewshed to the DataSery property. The plant material selected utilizes ornamental, coniferous,and overstory trees with a strong emphasis on sugar maples and species from the City's recommended list. Architectural Building Elevations The building facades are proposed to have recesses and projections on the corners to present an undulating multiple plane surface. The main entries will be setback from the corner facade with sidewalks and foundation plantings, providing a transition between the building and site. Exterior materials for all buildings have been chosen with low maintenance and long term — attractiveness in mind,corner accents,pergola's and striping are face brick/ The background walls are integrally colored decorative masonry with a clear sealer applied. All glazing will be prefinished colored aluminum frames. Sloped metal roofs will highlight the corners and flashing will be factory finished galvanized steel with a 20 year painted finish_ The color pallet for the two buildings will be in a similar color vein as the existing development. _ An architectural material sample will be submitted for approval by staff, Planning Commission and City Council. Signage The signage criteria previously approved for Phase I is proposed to be incorporated into the two buildings on Block 3. Facade signage will be raised backlit letters,within a consistent band above the face brick entries. All signage will be uniform color with letters at a 2'height, logos may be increased to a height of 30". Site signage will have one monument sign per lot. The monument sign will be constructed of a base material consistent with the building material. The monument sign will be internally lit and the locations are shown on the site plan. — Chanhassen East Business Center — Project Narrative July 19, 1996 Page 4 t•nnnu:_ih �;�•„ .:pii F9�P77, fit;e` � 'l�I/1 '' �, 7400 c . .per — 110:INA- NI �'� o .moi .j .r. ► o 44.m ► • o — NOTICE OF PUBLIC ?,--2..1.;,rilliN ra kw ...... -1111 -i7 -=PP� `''' ''' , HEARING 11.....91 uwirw e w uuu ,�,' — PLANNING COMMISSION ]... ' "I '' v��f. r'— MEETINGwitopiiriliZtRAK �/ — Wednesday, August 21, 19960 ��•• Z F 4TIt,./'Xiai Parr ,�qAi at 7:00 p.m. SOP.H s b'.��,.; ."=e City Hall Council Chambers =i Seka~' Al P3 ii 'og 40,,Fr` `v 8100 41. 690 Coulter Drive , 1'1140�`0►P. _ 18 ;°' :::..10-, a — 8200 194.115,1 itawai II — Project: Chanhassen East Business Center 8300 Sloe,.MI Second Addition nAp7. Rzce e.ao •� ¢ash Lake Developer: CSM Corporation — .0' ` .:— � - 8500 •. '? < �/�� _ - ,...s„2.,. >! W 8600 — Location: SW Corner of Dell Road and - 4t _ , 8700 r12 _.- Highway 5eos j�' % 8800 Notice: You are invited to attend a public hearing about a development proposed in your area. — The applicant, CSM Corporation,requests preliminary plat of approximately 10.95 acres of property into 2 lots and 1 outlot; site plan review of two office warehouse buildings with an area of 64,000 sq. ft. and 40,600 sq. ft. on property zoned IOP and located in the southwest corner of Dell Road and Hwy. 5. What Happens at the Meeting: The purpose of this public hearing is to inform you about _ the developer's request and to obtain input from the neighborhood about this project. During the meeting, the Commission Chair will lead the public hearing through the following steps: — 1. Staff will give an over view of the proposed project. 2. The Developer will present plans on the project. 3. Comments are received from the public. — 4. Public hearing is closed and the Commission discusses project. The Commission will then make a recommendation to the City Council. — Questions or Comments: If you want to see the plans before the meeting,please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Sharmin at 937-1900, ext. 120. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. — Notice of this public hearing has been published in the Chanhassen Villager on August 8, 1996. Lyman Lumber Tom Redmond Lotus Lawn& Garden — P. O.Box 40 18930 78th Street W. 78 West 78th Street Excelsior,MN 55331 Chanhassen, MN 55317 Chanhassen, MN 55317 — The Press,Inc. DataServ, Inc. Cheryl Pieper _ 18780 West 78th Street Attn: Legal Dept. 18250 Coneflower Lane Chanhassen, MN 55317 19011 Lake Drive E. Eden Prairie, MN 55346 Chanhaccen MN 5i117 — Charlene Salverson Robert &Joelianne Smith P & D Relick 18248 Coneflower Lane 18246 Coneflower Lane 18244 Coneflower Lane Eden Prairie, MN 55346 Eden Prairie, MN 55346 Eden Prairie, MN 55346 G& S Getty T & K Strauss Troy& Melinda Reller 18242 Coneflower Lane 18240 Coneflower Lane 18272 Coneflower Lane Eden Prairie, MN 55346 Eden Prairie, MN 55346 Eden Prairie, MN 55346 — Victoria Lueck Barbara Stratmann Elizabeth Gelino — 18270 Coneflower Lane 18268 Coneflower Lane 18266 Coneflower Lane Eden Prairie,MN 55346 Eden Prairie, MN 55346 Eden Prairie, MN 55346 _ Robyn Andrea Riley G Regnier& L Schueller Tandem Properties _ 18264 Coneflower Lane 18262 Coneflower Lane 2765 Casco Point Road Eden Prairie, MN 55346 Eden Prairie, MN 55346 Wayzata, MN 55391 Mary McKnsey B. Boyle& R. Smith Arleane Erickson 18320 Cascade Drive 18322 Cascade Drive 18296 Cascade Drive — Eden Praire, MN 55347 Eden Prairie, MN 55347 Eden Prairie, MN 55347 Donna Castagneri Edward& Margaret Requet Jimmie&Cynthia Henley 18294 Cascade Drive 18292 Cascade Drive 18290 Cascade Drive Eden Prairie, MN 55347 Eden Prairie, MN 55347 Eden Prairie, MN 55347 — Robin&Kathy Wales Clifford, Jr. & Helen Potter Marjorie P. Allman 18266 Cascade Drive 18264 Cascade Drive 18262 Cascade Drive Eden Prairie, MN 55347 Eden Prairie, MN 55347 Eden Prairie, MN 55347 _ C. Bevan& C. Mondyke Nicholas C. Olsen William&Barbara Burg — 18260 Cascade Drive 18258 Cascade Drive 18256 Cascade Drive Eden Prairie, MN 55347 Eden Prairie, MN 55347 Eden Prairie, MN 55347 Gerard&Lindsay Amadeo Alex&Marilyn Krengel Alice L. Sieren 007 Cheyenne 8009 Cheyenne Ave. 8011 Cheyenne Ave. 'Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Paul Sjorgren& Sandra Wagner Russell&Virginia Hamilton Glenn& Bonnie Hageman -017 Cheyenne Spur 8019 Cheyenne Spur 8021 Cheyenne Spur _hanhassen,MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 —Jayne& Michelle Williams Terry&Margaret Lewis Marilyn M. Stewart 8023 Cheyenne Spur 8013 Cheyenne Cir. SW 8015 Cheyenne Ave. 'hanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 hanhassen Holding Co. McDonald's Corporation Systems Control, Inc. T4201 Excelsior Blvd. PO Box 66207 Suite 220 Minnetonka, MN 55343 AMF O'Hare 9555 James Ave. S. Chicago, IL 60666 Bloomington, MN 55431 vahnke Bros. Inc. Clifford L. Whitehill Lotus Lawn Garden Center .0. Box 7 7001 Dakota Ave. 78 West 78th Street Victoria, MN 55386-0007 Chanhassen, MN 55317 Chanhassen, MN 55317 Thomas & Patricia Redmond Donreed Properties 3930 West 78th Street 337 Water Street _hanhassen, MN 55317 Excelsior, MN 55331 NOTICE OF PUBLIC HEARING PRELIMINARY PLAT AND SITE PLAN REVIEW CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Wednesday, August 21, 1996, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 690 Coulter Drive. The purpose of this hearing is to consider the — application of CSM Corporation for a preliminary plat of approximately 10.95 acres of property into 2 lots and 1 outlot; site plan review of two office warehouse buildings with an area of 64,000 sq. ft. and 40,600 sq. ft. on property zoned IOP and located in the southwest corner of Dell Road and Hwy. 5. A plan showing the location of the proposal is available for public review at City Hall — during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Sharmin Al-Jaff, Planner II Phone: 937-1900, ext. 120 (Publish in the Chanhassen Villager on August 8, 1996) 4CITY 0 F P.C. DATE: 8-21-96 1 CHANHASSEN C.C. DATE: 9-9-96 ' CASE: 96-9 Site Plan 1 • BY: A1-Jaff:v STAFF REPORT PROPOSAL: Site plan review for a 16,704 square foot office/warehouse building - Chucks Grinding I- - LOCATION: Lot 5, Block 1, Chanhassen Business Center 2nd Addition. West of Audubon Q Road, south of Chicago, Milwaukee, St. Paul & Pacific Rail Road, and northeast Jof Commerce Drive. Q.. APPLICANT: Pegasus, L.L.C. 3_ 5000 Glenwood Avenue Q Minneapolis, MN 55422 (612) 377-7090 PRESENT ZONING: Planned Unit Development, PUD ACREAGE: 2.42 acres ADJACENT ZONING AND LAND USE: N - IOP, railroad, vacant _ S- PUD, vacant E- PUD, Jehovah Witness W- PUD, Power Systems a Q . -� WATER. AND SEWER: Available to site. jj PHYSICAL CHARACTER: The site is devoid of vegetation. — 2000 LAND USE PLAN: Office/Industrial n Chucks Grinding Inc. August 21, 1996 — Page 2 PROPOSAL/SUMMARY _ The applicant is proposing a 16,704 square foot office warehouse building on Lot 5, Block 1, Chanhassen Business Center 2nd Addition. There is potential future expansion area of an _ additional 8,624 square feet on the east side of the proposed structure. The applicant is proposing the use of rock face block. The PUD requires that all walls shall be _ given added architectural interest through building design or appropriate landscaping. A horizontal band runs along all four elevations which accentuate the building. A pitched roof element adorns the entry way giving it added architectural interest. The overall design is of a high quality providing variation and detail on the facade of the building. The proposed landscape plan meets the minimum requirements of the ordinance. Staff believes that the proposed development meets the standards established as part of the PUD and is recommending approval of the site plan subject to the conditions contained in this report. BACKGROUND On January 13, 1992, the City Council approved the preliminary plat for the Chanhassen — Business Center as shown on the attached site plan. The PUD was amended on February 8, 1993 to allow for a church as a permitted use and the final plat for phase I of the project was approved. On April 24, 1995, the Chanhassen Business Center 2nd Addition, subdividing Outlot C into 7 — lots, was approved by the City. On September 25, 1995, the City Council approved the replat of Outlot A into 4 lots which is the — 3rd Addition. The Chanhassen Business Center is an industrial/office park on 93.7 acres. The original plat consisted of 12 lots and 2 outlots. The ultimate development for this proposal was to have a total of 700,000 square feet of building area with a mix of 20%office, 25% industrial and 55% — warehouse. GENERAL SITE PLAN/ARCHITECTURE — OVERVIEW The proposed building is situated northwest of Commerce Drive. Access is gained off of Commerce Drive. Parking is located to the northeast and west of the proposed building. Direct views of the docks, which are located to the north of the building, will be semi-screened by the — building, a berm, and evergreens. The applicant has requested using sumac along the northern portion of the property rather than evergreens, since sumac grows more rapidly and will screen the docks from views of the residential area located north of the subject site. — Chucks Grinding Inc. August 21, 1996 Page 3 The building height is 22 feet, located 170 feet from the north, 100 feet from the east, 20 feet from the south, and 75 feet from the west property line. Materials used on the structure will be integral color corduroy concrete and scored rock face concrete which accents the building. The rock face bands runs along all four elevations of the building. The entrance into the building has a pitched canopy. The applicant has not shown the trash enclosure location. The materials used to screen the trash enclosure shall be the same type of block used on the building. The overall design is of a high quality providing variation and detail on the facade of the building. DEVELOPMENT STANDARDS The development standards will remain the same as previously approved with the PUD. a. Intent The purpose of this zone is to create a PUD light industrial/office park. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. All utilities are required to be placed underground. Each lot proposed for development shall proceed through site plan review based on the development standards outlined below. b. Permitted Uses The permitted uses in this zone should be limited to light industrial, warehousing, and office as defined below. The uses shall be limited to those as defined herein. If there is a question as to whether or not a use meets the definition, the City Council shall make that interpretation. 1. Light Industrial. The manufacturing, compounding,processing, assembling,packaging, or testing of goods or equipment or research activities entirely within an enclosed structure, with no outside storage. There shall be negligible impact upon the surrounding environment by noise, vibration, smoke, dust or pollutants. 2. Warehousing. Means the commercial storage of merchandise and personal property. 3. Office. Professional and business office, non-retail activity. FINDING: The proposed uses of light industrial and office are consistent with the parameters established as part of the PUD. Chucks Grinding Inc. August 21, 1996 Page 4 c. Setbacks In the PUD standards, there is the requirement for landscape buffering in addition to building and parking setbacks. The landscape buffer on Audubon Road is 50 feet, south of Lake Drive and 100 feet along the southern property line. The PUD zone requires a building to be setback 50 feet from the required landscape buffer and public right-of-ways. There is no minimum requirement for setbacks on interior lot lines. _ The following setbacks shall apply from the right-of-way: Building Parking_ — Required(interior road system) 25' 15' Provided Commerce Drive 55' 18' — FINDING: The proposed development meets or exceeds the minimum setbacks established as part of the PUD. d. Development Standards Tabulation Box — Chanhassen Business Center Second Addition Lot# Lot Size - Acres Building Sq. Ft. Building Impervious Coverage 1 3.56 40,000 26% 67% 2 1.55 17,000 26% 65% 3 1.81 19,000 24% 63% 4 2.68 34,000 29% 76% _ 5 2.42 29,000 28% 72% 6 2.74 27,000 23% 59% — 7 2.16 26,000 28% 72% Road 1.60 67% — Subtotal 18.52 192,000 26% 68% TOTAL 93.02 603,500 23% 60% Chucks Grinding Inc. August 21, 1996 Page 5 COMPLIANCE TABLE - PUD Chucks Grinding Building Height 2 stories 1 story Building Setback N-30' E-10' N-150' E-100' S-10' W-10' S-20' W-75' Parking stalls 24 31 stalls Parking Setback N-30' E-10' N-30' E-20' S-10' W-10' S-10.2'W-10' Hard surface 70% 43.6% Coverage Lot Area 1 acre 2.42 acres Variances Required- none The PUD standard for hard surface coverage is 70% for office and industrial uses. Parking Standards: Office -4.5 spaces per 1,000 square feet; Warehouse - 1 space per 1,000 for first 10,000 square feet, then 1 space per 2,000 square feet; Manufacturing - 1 parking space for each employee on the major shift and 1 space for each motor vehicle when customarily kept on the premises. Staff has estimated the required parking at 24 spaces. The applicant has provided 31 spaces. Building Square Footage Breakdown for entire development Office 20% 120,700 sq. ft. Manufacturing 25% 150,875 sq. ft. Warehouse 54.09% 326,425 sq. ft. ' Church 0.91% 5,500 sq. ft. Total 100% 603,500 sq. ft. Chucks Grinding Inc. August 21, 1996 _ Page 6 FINDING: The proposed development meets the development standards established as part of — the PUD. The city has previously approved the following square footage within the Chanhassen Business Center: church- 5,500 square feet; office- 34,021.5 square feet (National Weather Service, Power Systems, Paulstarr Enterprises and Highland, Control Products); and warehouse - _ 45,692.5 square feet (Power Systems, Paulstarr Enterprises and Highland, control products). e. Building Materials and Design — 1. The PUD requires that the development demonstrate a higher quality of architectural standards and site design. All mechanical equipment shall be screened with material — compatible to the building. 2. All materials shall be of high quality and durable. Masonry material shall be used. Color — shall be introduced through colored block or panels and not painted block. 3. Brick may be used and must be approved to assure uniformity. — 4. Block shall have a weathered face or be polished, fluted, or broken face. 5. Concrete may be poured in place, tilt-up or pre-cast, and shall be finished in stone, textured or coated. 6. Metal siding will not be approved except as support material to one of the above materials or curtain wall on office components or, as trim or as HVAC screen. 7. All accessory structures shall be designed to be compatible with the primary structure. 8. All roof mounted equipment shall be screened by walls of compatible appearing material. Wood screen fences are prohibited. All exterior process machinery, tanks, etc., are to be fully screened by compatible materials. _ 9. The use of large unadorned,prestressed concrete panels and concrete block shall be prohibited. Acceptable materials will incorporate textured surfaces, exposed aggregate _ and/or other patterning. All walls shall be given added architectural interest through building design or appropriate landscaping. 10. Space for recycling shall be provided in the interior of all principal structures for all developments in the Business Center, FINDING: The applicant is proposing the use of integral color corduroy concrete and rock face block. The PUD requires that all walls shall be given added architectural interest through Chucks Grinding Inc. August 21, 1996 Page 7 building design or appropriate landscaping. The plans include a horizontal accent band surrounding the building. The building design is of a high quality and meets the intent of the PUD design requirements. f. Site Landscaping and Screening 1. All buffer landscaping, including boulevard landscaping, included in Phase I area to be installed when the grading of the phase is completed. This may well result in landscaping being required ahead of individual site plan approvals but we believe the buffer yard and plantings, in particular, need to be established immediately. In addition, to adhere to the higher quality of development as spelled out in the PUD zone, all loading areas shall be screened. Each lot for development shall submit a separate landscaping plan as a part of the site plan review process. 2. All open spaces and non-parking lot surfaces shall be landscaped, rockscaped, or covered with plantings and/or lawn material. 3. Storage of material outdoors is prohibited unless it has been approved under site plan review. All approved outdoor storage must be screened with masonry fences and/or landscaping. 3. The master landscape plan for the CBC PUD shall be the design guide for all of the specific site landscape developments. Each lot must present a landscape plan for approval with the site plan review process. 4. Undulating or angular berms 3'to 4' in height, south of Lake Drive along Audubon Road shall be sodded or seeded at the conclusion of Phase I grading and utility construction. The required buffer landscaping may be installed in phases,but it shall be required where it is deemed necessary to screen any proposed development. All required boulevard landscaping shall be sodded. 5. Loading areas shall be screened from public right-of-ways. Wing walls may be required where deemed appropriate. — FINDING: The applicant's landscaping plan consists of a total of 23 trees, including evergreens, deciduous and ornamentals. Landscaping ordinance conditions for parking lots and street frontage require the applicant to provide 22 trees on the lot. The landscaping design incorporates considerable distances between plantings causing some concern for adequate screening of impervious area and loading docks. The lot, however, is sufficiently screened by location and topography to the extent that the minimal landscaping design will be appropriate in this development. Due to the rather open design of the landscaping, the assumed lack of use of the Chucks Grinding Inc. August 21, 1996 Page 8 seeded area and the proximity to the Bluff Creek corridor, staff recommends that applicant consider prairie or wildflower plantings in lieu of the seeded grass. Applicant may work with staff to consider options. g. Signage 1. All freestanding signs be limited to monument signs. The sign shall not exceed eighty — (80) square feet in sign display area nor be greater than eight(8) feet in height. The sign treatment is an element of the architecture and thus should reflect with the quality of the development. The signs should be consistent in color, size, and material throughout the — development. The applicant should submit a sign package for staff review. 2. Each property shall be allowed one monument sign located near the driveway into the _ private site. All signs require a separate permit. 3. The signage will have consistency throughout the development. A common theme will be introduced at the development's entrance monument and will be used throughout. 4. Consistency in signage shall relate to color, size, materials, and heights. — FINDING: The applicant has not provided details regarding the monument sign other than location. The sign must be located a minimum of 10 feet from any property line. A wall mounted sign is shown along the east elevation of the building. The letters are 20 inches tall. The sign meets ordinance requirements. All signs must receive a permit prior to installation. h. Lighting 1. Lighting for the interior of the business center should be consistent throughout the — development. 2. A decorative, shoe box fixture(high pressure sodium vapor lamps) with a square ornamental pole shall be used throughout the development area for area lighting. 3 Lighting equipment similar to what is mounted in the public street right-of-ways shall be used in the private areas. 4. All light fixtures shall be shielded. Light level for site lighting shall be no more than 1/2 foot candle at the property line. This does not apply to street lighting. FINDING: The applicant is showing lights mounted on the building. Lights must meet the standards outlined above. Chucks Grinding Inc. August 21, 1996 Page 9 WETLANDS There are no wetlands on the site. GRADING The existing site is bordered by a relatively steep slope on the east and a railroad bed on the north side. The overall site grading proposed is minimal as the site was graded previously in accordance with the Chanhassen Business Center grading plan. The location and design of the proposed berming may need to be modified. The recommended allowable slope for berms is 3:1. The berms are proposed at 2:1 or steeper. Staff also questions the rationale for constructing berms on the east side of the property on the existing slope. The applicant should re-evaluate the need for berming along the east property line. Staff is unaware if the earthwork quantities balance. The applicant should be aware that if any excess excavation material is to be hauled to property within the City, the individual property owner must obtain a grading permit through the Engineering Department prior to earthwork activities commencing. Haul routes shall be pre-approved by the City and the applicant will be required to maintain these haul routes and clean the streets of any dirt and mud accumulated from vehicles tracking. Any damage to City streets, curbs or other public facilities will be the responsibility of the applicant. EROSION CONTROL Type 1 erosion control is proposed to be installed at the northwest corner of the site. Additional erosion control fence needs to be installed along the west property line and along the curb line on both sides of the proposed access point. A rock construction entrance shall also be installed and maintained during construction. DRAINAGE Regional Storm Water Ponding was provided off site as part of the original development; therefore, no on-site ponding is necessary. The applicant is proposing to add two catch basin inlets and to tie into the existing storm sewer system at Commerce Drive and the Northwest -- corner of the property. It appears from the storm drainage calculations submitted that the storm water drainage from the adjacent parcel to the east(Lot 1 Block 1, church property), was not considered. This will increase runoff to the site and require additional catch basins. Also, at the northeast corner of the building, (sludge pick-up area), a catch basin and storm sewer is needed to convey stormwater out of this low area into the storm sewer system. The applicant should work with City staff in developing a drainage plan which takes into account these items prior to issuance of a building permit. Chucks Grinding Inc. August 21, 1996 Page 10 UTILITIES Municipal water and sewer service is available from Commerce Drive. The appropriate plumbing permits will need to be applied for and obtained through the City's Building Department. STREETS Access to the site is proposed from the cul-de-sac at the east end of Commerce Drive. The drive — shall be constructed in accordance with the City of Chanhassen Standard Detail Plate 5207 for industrial driveways. The plans propose concrete curb and gutter at the driveway entrance only. The remaining drive aisles and parking lot is void of curb and gutter. Pursuant to City Code 20- 1118c), all parking lots and drive aisles shall be bordered with raised concrete curb and gutter or equivalent approved by the City. The entire perimeter of the paved parking lot shall be bordered by B612 concrete curb and gutter with the exception of the northwest side which is slated for — future parking. Along the future parking area a temporary bituminous curb is acceptable until the new parking facilities are constructed at which time concrete curb and gutter per City Ordinance will be required. The parking stall outside corners shall have radii of five feet. The west and — south sides of the warehouse building should have either a five-foot wide sidewalk or curb and gutter to protect the building from traffic. Landscaping could be planted to provide a buffer area between the drive aisle and the building. — LANDSCAPING The applicant's landscaping plan consists of a total of 23 trees, including evergreens, deciduous and ornamentals. Landscaping ordinance conditions for parking lots and street frontage require the applicant to provide 22 trees on the lot. The landscaping design incorporates considerable distances between plantings causing some concern for adequate screening of impervious area and loading docks. The lot, however, is sufficiently screened by location and topography to the extent that the minimal landscaping design will be appropriate in this development. Due to the rather open design of the landscaping, the assumed lack of use of the seeded area and the proximity to the Bluff Creek corridor, staff recommends that applicant consider prairie or wildflower plantings in lieu of the seeded grass. Applicant may work with staff to consider options. SITE PLAN FINDINGS In evaluating a site plan and building plan, the city shall consider the development's compliance _ with the following: Chucks Grinding Inc. August 21, 1996 Page 11 (1) Consistency with the elements and objectives of the city's development guides, including the comprehensive plan,official road mapping, and other plans that may be adopted; (2) Consistency with this division; (3) Preservation of the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of the neighboring developed or developing or developing areas; (4) Creation of a harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development; (5) Creation of functional and harmonious design for structures and site features, with special attention to the following: a. An internal sense of order for the buildings and use on the site and _ provision of a desirable environment for occupants, visitors and general community; b. The amount and location of open space and landscaping; c. Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses; and d. Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. (6) Protection of adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers,preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. Finding: The proposed development is consistent with the comprehensive plan, the zoning ordinance, the design guidelines established as part of the Chanhassen Business Chucks Grinding Inc. August 21, 1996 — Page 12 Center PUD with the modifications outlined in the staff report, and the site plan review requirements. The site has few existing natural amenities due to previous development in the area. The site design is compatible and harmonious with the approved industrial developments throughout the city. RECOMMENDATION The staff recommends the Planning Commission adopt the following motion: "The Planning Commission recommends approval of Site Plan 96-9 for Chucks Grinding Inc. as — shown on the plans dated received July 29, 1996, and subject to the following conditions: 1. The applicant shall meet with the Fire Marshal. — 2. The applicant shall meet with the Building Official as requested in his attached memo. 3. The applicant shall enter into a site development contract with the city and provide the necessary financial security to guarantee compliance with the terms of approval. 4. All roof mounted equipment shall be screened by walls of compatible appearing material. Wood screen fences are prohibited. All exterior process machinery, tanks, etc., are to be fully screened by compatible materials. As an alternative, the applicant can use factory — applied panels on the exterior to the equipment that would blend in with the building materials. 5. All freestanding signs shall be limited to monument signs. The sign shall not exceed eighty(80) square feet in sign display area nor be greater than eight (8) feet in height. The sign treatment is an element of the architecture and thus should reflect with the quality of the development. A common theme will be introduced at the development's entrance monument and will be used throughout. Each property shall be allowed one — monument sign located near the driveway into the private site. The monument sign must maintain a ten foot setback from the property line. The signs should be consistent in color, size, and material throughout the development. The applicant should submit a sign _ package for staff review. A separate permit is required for all signage on site. 6. Lighting for the interior of the business center should be consistent throughout the — development. A decorative, shoe box fixture(high pressure sodium vapor lamps)with a square ornamental pole shall be used throughout the development area for area lighting. All light fixtures shall be shielded. Light level for site lighting shall be no more than 1/2 — foot candle at the property line. This does not apply to street lighting. Lighting equipment similar to what is mounted in the public street right-of-ways shall be used in Chucks Grinding Inc. August 21, 1996 Page 13 the private areas. Wall pack units may be used provided no direct glare is directed off- site and no more than 1/2 foot candle of light is at the property line. 7. Park fees shall be paid in accordance with city ordinance requirements. 8. The applicant shall provide documentation that the variety of elm specified on landscaping plans is Dutch Elm Disease resistant. Also, the applicant shall work with staff to explore options for alternative lawn plantings. 9. All construction vehicles shall access the site at approved rock construction entrances only. Haul routes shall be pre-approved by the City. The applicant will be required to maintain haul routes and clean the streets of any dirt and mud accumulated from vehicles tracking. Any damage to City streets, curbs or other public facilities will be the responsibility of the applicant. 10. The maximum allowable slope on berms shall be 3:1. 11. Additional Type I erosion control fence shall be installed along the west property line. Erosion control measures shall be in place and maintained at all times until the site has _ been fully restored, revegetated, and removal is authorized by the City. Failure to maintain the erosion control measures will result in the issuance of stop work orders. 12. Revised storm drainage calculations which include the stormwater runoff from Lot 1 Block 1, Chanhassen Business Center Addition shall be submitted to the City Engineer for review and approval. Conveyance of storm drainage in the sludge pick-up area needs to be addressed. The applicant's engineer shall work with City staff in revising the drainage plan to address the additional runoff from the lot to the east(Lot 1, Block 1, Chanhassen Business Center). 13. The perimeter of the paved parking lot shall be bordered by B612 concrete curb and gutter with the exception of a portion of the west side which is slated for future parking. Along the future parking area a bituminous curb is acceptable at this time. However, when the future parking is added B612 concrete curb and gutter will be required. The parking stall corners shall have radii of five feet. The west and south sides of the warehouse building shall provide a buffer area between the drive aisle and the building. 14. All areas disturbed as a result of construction activities shall be immediately restored with seed and disc-mulched or wood fiber blanket or sod within two weeks of completion of each activity in accordance with the City's Best Management Practice Handbook. 15. The applicant should re-evaluate the need for berms along the east property line. Chucks Grinding Inc. August 21, 1996 — Page 14 16. DEVELOPMENT STANDARDS The development standards will remain the same as previously approved with the PUD. _ a. Intent The purpose of this zone is to create a PUD light industrial/office park. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. All utilities are required to be placed underground. Each lot proposed for development — shall proceed through site plan review based on the development standards outlined below. b. Permitted Uses — The permitted uses in this zone should be limited to light industrial, warehousing, and office as defined below. The uses shall be limited to those as defined herein. If there is a question as to the — whether or not a use meets the definition, the City Council shall make that interpretation. 1. Light Industrial. The manufacturing, compounding, processing, assembling, packaging, or — testing of goods or equipment or research activities entirely within an enclosed structure, with no outside storage. There shall be negligible impact upon the surrounding environment by noise, vibration, smoke,dust or pollutants. — 2. Warehousing. Means the commercial storage of merchandise and personal property. 3. Office. Professional and business office,non-retail activity. c. Setbacks In the PUD standards, there is the requirement for landscape buffering in addition to building and parking setbacks. The landscape buffer on Audubon Road is 50 feet, south of Lake Drive and 100 feet along the southern property line. The PUD zone requires a building to be setback 50 — feet from the required landscape buffer and public right-of-ways. There is no minimum requirement for setbacks on interior lot lines. — Chucks Grinding Inc. August 21, 1996 Page 15 The following setbacks shall apply: — Building Parking Audubon Road Buffer& Setback 50'plus 50' 50'plus 10' — South Property Line& Setback 100" plus 50' 100'plus 10' Front& Rear ROW on Lake Drive 25' 15' — Interior Side Lot Line 10' 10' Railroad Right of Way 30' 30' Audubon Road north of Lake Drive 50' 20' — d. Development Standards Tabulation Box Chanhassen Business Center Second Addition Lot# Lot Size- Acres Building Sq. Ft. Building Impervious Coverage — 1 3.56 40,000 26% 67% — 2 1.55 17,000 26% 65% 3 1.81 19,000 24% 63% — 4 2.68 34,000 29% 76% 5 2.42 29,000 28% 72% — 6 2.74 27,000 23% 59% 7 2.16 26,000 28% 72% — Road 1.60 67% Subtotal 18.52 192,000 26% 68% — TOTAL 93.02 603,500 23% - 60% The PUD standard for hard surface coverage is 70% for office and industrial uses. The proposed development meets this standard with an average of 58.5%hard surface coverage. Chucks Grinding Inc. August 21, 1996 — Page 16 Building Square Footage Breakdown Office 20% 120,700 sq. ft. Manufacturing 25% 150,875 sq. ft. Warehouse 54.09% 326,425 sq. ft. — Church 0.91% 5,500 sq. ft. Total 100% 603,500 sq. ft. e. Building Materials and Design — 1. The PUD requires that the development demonstrate a higher quality of architectural standards and site design. All mechanical equipment shall be screened with material — compatible to the building. 2. All materials shall be of high quality and durable. Masonry material shall be used. Color — shall be introduced through colored block or panels and not painted block. 3. Brick may be used and must be approved to assure uniformity. — 4. Block shall have a weathered face or be polished, fluted, or broken face. 5. Concrete may be poured in place, tilt-up or pre-cast, and shall be finished in stone, textured or coated. — 6. Metal siding will not be approved except as support material to one of the above materials or curtain wall on office components or, as trim or as HVAC screen. — 7. All accessory structures shall be designed to be compatible with the primary structure. 8. All roof mounted equipment shall be screened by walls of compatible appearing material. Wood screen fences are prohibited. All exterior process machinery, tanks, etc., are to be fully screened by compatible materials. — 9. The use of large unadorned, prestressed concrete panels and concrete block shall be prohibited. Acceptable materials will incorporate textured surfaces, exposed aggregate — and/or other patterning. All walls shall be given added architectural interest through building design or appropriate landscaping. Chucks Grinding Inc. August 21, 1996 Page 17 10. Space for recycling shall be provided in the interior of all principal structures for all developments in the Business Center. f. Site Landscaping and Screening 1. All buffer landscaping, including boulevard landscaping, included in Phase I area to be installed when the grading of the phase is completed. This may well result in landscaping being required ahead of individual site plan approvals but we believe the buffer yard and plantings, in particular, need to be established immediately. In addition, to adhere to the higher quality of development as spelled out in the PUD zone, all loading areas shall be screened. Each lot for development shall submit a separate landscaping plan as a part of the site plan review process. 2. All open spaces and non-parking lot surfaces shall be landscaped, rockscaped, or covered with plantings and/or lawn material. 3. Storage of material outdoors is prohibited unless it has been approved under site plan review. All approved outdoor storage must be screened with masonry fences and/or landscaping. 4. The master landscape plan for the CBC PUD shall be the design guide for all of the _ specific site landscape developments. Each lot must present a landscape plan for approval with the site plan review process. 5. Undulating or angular berms 3' to 4' in height, south of Lake Drive along Audubon Road shall be sodded or seeded at the conclusion of Phase I grading and utility construction. The required buffer landscaping may be installed incrementally, but it shall be required where it is deemed necessary to screen any proposed development. All required boulevard landscaping shall be sodded. 6. Loading areas shall be screened from public right-of-ways. Wing wall may be required where deemed appropriate. g. Signage 1. All freestanding signs be limited to monument signs. The sign shall not exceed eighty (80) square feet in sign display area nor be greater than eight (8) feet in height. The sign treatment is an element of the architecture and thus should reflect with the quality of the development. The signs should be consistent in color, size, and material throughout the development. The applicant should submit a sign package for staff review. Chucks Grinding Inc. August 21, 1996 _ Page 18 — 2. Each property shall be allowed one monument sign located near the driveway into the private site. All signs require a separate permit. 3. The signage will have consistency throughout the development. A common theme will be introduced at the development's entrance monument and will be used throughout. 4. Consistency in signage shall relate to color, size,materials, and heights. h. Lighting — 1. Lighting for the interior of the business center should be consistent throughout the development. The applicant's proposal is consistent with the lighting standards for the PUD — ordinance. The plans do not provide for street lighting. As with previous industrial parks/roadways, the City has required the developer to install street lights throughout the street system. The street lights should be designed consistent with the existing lighting — along Audubon Road. 2. A decorative, shoe box fixture (high pressure sodium vapor lamps) with a square — ornamental pole shall be used throughout the development area for area lighting. 3 Lighting equipment similar to what is mounted in the public street right-of-ways shall be — used in the private areas. 4. All light fixtures shall be shielded. Light level for site lighting shall be no more than 1/2 — candle at the property line. This does not apply to street lighting." — ATTACHMENTS 1. Chanhassen Business Center Preliminary Plans. _ 2. Memo from Phillip Elkin and Anita Benson dated August 13, 1996. 3. Memo from Steve Kirchman dated August 13, 1996. 4. Site plan dated July 29, 1996. — i A AO• �• - tact 9CrSS'Nn•3NMae NO33 ,-./•-'r .//` Os•YK•mn.i.ss:,4',-.•t-Lt a ro..� 33t0 t'ZS a - _ Sa33�ON3'J'•::f5'.:3 w•-<-S sLS•n 31N33 SS3I6A9.3SSTNN• atWa3Ntaad„26 NO6nOnr '3w-S3yru0SS•ICe•a.:3.^..'-s 1.11-4$ 3".^= NOLL3fl*iSNOO NO!IONr ..-_-_ s•a '•� _�-•:. _., SNYV IUYN1WIl3Nd OTC. 10•••0swswn .wurasaa,: 01 ,4,1 r-..3:a I . Co".,.rain•�-. .------"7—.,� — �... • �3 ,-.._• _ �• a <� %.", 2 ac: - - " if •pp ` yw �s,>\ c \ zN_, f \ r.W R= F .--) , 1'k � `•.;,y- -� ••; a t. s•\ <z ,' \\ =is c •-•:F.--.\\' ' k ;^a` ` `' `: ` ` Cd LAI • i•' 'tip/ 8 M p-s• ,/k _<:.... -1 �'. N. z7 s',.::;.'%; b�i:v..• //fj,":c\\....f.// 8 _ /i i - £scut.. e,..4.-,,,,...- I Y' 1 �a , i/ <n\` 7- t f1-- \\�\; `.s+ , Z J S i.• . t/ �• a °R �1h rs•' is 7 � \ J J) %< I s t �_- ...6‘t.\\< ,'--- - 1-W- \= ...\�, _ 17. t^ Ii Z +- + _ • — `,;/i'//— —i'- . 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BOX 147 • CHANHASSEN, MINNESOTA 55317 - (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Sharmin Al-Jaff, Planner II FROM: Phillip Elkin, Water Resources Coordin t r Anita Benson, Project Engineer p5 DATE: August 13, 1996 — SUBJ: Review of Site Plan for Office Warehouse Building Located west of Audubon Road, South of Chicago, Milwaukee, St. Paul & Pacific — Railroad, and northeast of Commerce Drive. PUD-IOP- Planning Case 96-9 Site Plan Review Upon review of the site plan documents prepared by Community Partners, Inc. dated July 29, 1996, we offer the following comments and recommendations: — WETLANDS There are no wetlands on the site. GRADING — The existing site is bordered by a relatively steep slope on the east and a railroad bed on the north side. The overall site grading proposed is minimal as the site was graded previously in accordance — with the Chanhassen Business Center grading plan. The location and design of the proposed berming may need to be modified. The recommended allowable slope for berms is 3:1. The berms are proposed at 2:1 or steeper. Staff also questions the rationale for constructing berms — on the east side of the property on the existing slope. The applicant should re-evaluate the need for berming along the east property line. Staff is unaware if the earthwork quantities balance. The applicant should be aware that if any excess excavation material is to be hauled to property within the City,the individual property owner must obtain a grading permit through the Engineering Department prior to earthwork — activities commencing. Haul routes shall be pre-approved by the City and the applicant will be required to maintain these haul routes and clean the streets of any dirt and mud accumulated from — vehicles tracking. Any damage to City streets,curbs or other public facilities will be the responsibility of the applicant. _ Sharmin Al-Jaff 96-9 Site Plan Review August 13, 1996 Page 2 EROSION CONTROL Type 1 erosion control is proposed to be installed at the northwest corner of the site. Additional erosion control fence needs to be installed along the west property line and along the curb line on both sides of the proposed access point. A rock construction entrance shall also be installed and maintained during construction. DRAINAGE Regional Storm Water Ponding was provided off site as part of the original development; therefore, no on-site ponding is necessary. The applicant is proposing to add two catch basin inlets and to tie into the existing storm sewer system at Commerce Drive and the Northwest corner of the property. It appears from the storm drainage calculations submitted that the storm water drainage from the adjacent parcel to the east(Lot 1 Block 1, church property), was not _ considered. This will increase runoff to the site and require additional catch basins. Also, at the northeast corner of the building, (sludge pick-up area), a catch basin and storm sewer is needed to convey stormwater out of this low area into the storm sewer system. The applicant should work with City staff in developing a drainage plan which takes into account these items prior to issuance of a building permit. UTILITIES Municipal water and sewer service is available from Commerce Drive. The appropriate plumbing -- permits will need to be applied for and obtained through the City's Building Department. STREETS Access to the site is proposed from the cul-de-sac at the east end of Commerce Drive. The drive shall be constructed in accordance with the City of Chanhassen Standard Detail Plate 5207 for industrial driveways. The plans propose concrete curb and gutter at the driveway entrance only. The remaining drive aisles and parking lot is void of curb and gutter. Pursuant to City Code 20- 1118c), all parking lots and drive aisles shall be bordered with raised concrete curb and gutter or equivalent approved by the City. The entire perimeter of the paved parking lot shall be bordered by B612 concrete curb and gutter with the exception of the northwest side which is slated for future parking. Along the future parking area a temporary bituminous curb is acceptable until the new parking facilities are constructed at which time concrete curb and gutter per City Ordinance will be required. The parking stall outside corners shall have radii of five feet. The west and south sides of the warehouse building should have either a five-foot wide sidewalk or curb and gutter to protect the building from traffic. Landscaping could be planted to provide a buffer area between the drive aisle and the building. Sharmin Al-Jaff 96-9 Site Plan Review _ August 13, 1996 Page 3 RECOMMENDED CONDITIONS OF APPROVAL 1. All construction vehicles shall access the site at approved rock construction entrances only. Haul routes shall be pre-approved by the City. The applicant will be required to maintain haul routes and clean the streets of any dirt and mud accumulated from vehicles — tracking. Any damage to City streets, curbs or other public facilities will be the responsibility of the applicant. 2. The maximum allowable slope on berms shall be 3:1. 3. Additional Type I erosion control fence shall be installed along the west property line. — Erosion control measures shall be in place and maintained at all times until the site has been fully restored, revegetated, and removal is authorized by the City. Failure to maintain the erosion control measures will result in the issuance of stop work orders. — 4. Revised storm drainage calculations which include the stormwater runoff from Lot 1 Block 1, Chanhassen Business Center Addition shall be submitted to the City Engineer for review and approval. Conveyance of storm drainage in the sludge pick-up area needs to be addressed. The applicant's engineer shall work with City staff in revising the drainage — plan to address the additional runoff from the lot to the east(Lot 1, Block 1, Chanhassen Business Center). 5. The perimeter of the paved parking lot shall be bordered by B612 concrete curb and gutter with the exception of a portion of the west side which is slated for future parking. Along the future parking area a bituminous curb is acceptable at this time. However, when the — future parking is added B612 concrete curb and gutter will be required. The parking stall corners shall have radii of five feet. The west and south sides of the warehouse building shall provide a buffer area between the drive aisle and the building. — 6. All areas disturbed as a result of construction activities shall be it mediately restored with seed and disc-mulched or wood fiber blanket or sod within two weeks of completion of each activity in accordance with the City's Best Management Practice Handbook. 7. The applicant should re-evaluate the need for berms along the east property line. c: Charles Folch, Director of Public Works g\eng\anita\pc'p196-9.doc CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 • MEMORANDUM TO: Sharmin Al-Jaff, Senior Planner FROM: Steve A. Kirchman, Building Official A-, DATE: August 13, 1996 SUBJECT: 96-9 SPR(Chuck's Grinding, Inc.) I was asked to review the site plan proposal stamped "CITY OF CHANHASSEN, RECEIVED, AUG 0 2 19 9 6 , CHANHASSEN PLANNING DEPT" for the above referenced project. I have no comments or recommendations concerning this application at this time. I would like to request that you relay to the developers and designers my desire to meet with them as early as possible to discuss commercial building permit requirements. g:lsafety\saklmemoslplanlckgmd I MEMORANDUM TO: Sharmin Al-Jaff, Planner II — FROM: Mark Littfin, Fire Marshal DATE: August 15, 1996 SUBJECT: Request for site plan review of an office warehouse building with an area of 16,704 square feet on property zoned PUD-IOP and located west of Audubon Road, south of Chicago, Milwaukee, St. Paul and Pacific Railroad,and northeast of Commerce Drive. Planning Case; 96-9 site plan review. I have reviewed this site plan for the above project. In order to comply with the Chanhassen Fire Department/Fire Prevention Division I have the following fire code or city ordinance/policy requirements. The site plan is based upon the available information submitted at this item. As additional plans or changes are submitted,the appropriate code or policy items will be addressed. 1. Install and indicate on plan a post indicator valve(PIV)on water service. Location must be reviewed and approved by the Chanhassen Fire Marshal. 2. Indicate on utility plan, size of water service being extended into the building. 3. Comply with Chanhassen Fire Department/Fire Prevention Policy 04-1991 (notes to be included on all site plans). 4. Fire lane signs shall be installed on the west side of the building in compliance with Fire Department Fire Prevention Policy 06-1991. Contact Fire Marshal for exact location. 5. Comply with Chanhassen Fire Department/Fire Prevention Policy 07-1991 (policy regarding pre-fire plan drawing). 6. Comply with Chanhassen Fire Department/Fire Prevention Policy 29-1992(premise identification). 7. Comply with Inspection Division Water Service Installation Policy 34-1993 (water service installation policy for commercial and industrial buildings). — 8. Comply with Chanhassen Fire Department/Fire Prevention Policy 36-1994(maximum allowable size of domestic water service on a combination domestic/fire sprinkler supply line). 9. Comply with Chanhassen Fire Department/Fire Prevention Policy 40-1995 (fire sprinkler system). C I TY 0 F PC DATE: 8/21/96 CHANHASSEN CC DATE: 9/9/96 CASE #: SUB #96-17 B : Al-Jaff:v STAFF REPORT PROPOSAL: 1. Preliminary Plat approval to replat three lots and three outlots into three lots and one outlot, Chanhassen Entertainment Center. 2. Phasing construction/remodeling of the Entertainment Center into Qtwo phases. 'J LOCATION: North of the railroad tracks and Pauly Drive, east of Market Boulevard and South of West 78th Street a 1. APPLICANT: Lotus Realty Services, Inc. Bloomberg Companies&Dan and Stephen Dahlin Q P. O. Box 235 P.O. Box 730, Chanhassen, MN 55317 and Chanhassen, MN 55317 296 N. Pascal, St. Paul 55075, respectively 934-4538 PRESENT ZONING: BG, General Business District and CBD, Central Business District ACREAGE: Approximately 6.3 acres DENSITY: N/A ADJACENT ZONING AND LAND USE: N -CBD, Filly's and Country Suites Hotel S -BG, Western Railroad,American Community Bank, and Pauly E -CBD, Frontier Center QW-PUD, Market Square --� WATER AND SEWER: Available to the site. j PHYSICAL CHARACTER.: A level parcel with an existing building, parking lot, and bus shelter. — 2000 LAND USE PLAN: Commercial • ' --iti-e: . , A6 v-44471trartmy )--- cdoorl mg?H 1116.7....:1 ..16-. ' ' •�u C .1�;`%:11082:is 111111 ��wear /.im �� + •tii,. - Greenwood 72131111. Green � �,,��lralwer � . �` � Shores .44 ; 'Park ;!11111111 "♦ n ` f Park Illfill1/1/0 4 `4 .0 4 / tie-' .,a . ��i�ti 1 :�, X11 �� - , �, Coo**, co �` Iiiiit-ZriatilillIP:iti:1121,14‘. - 17 ie. ail Tri-LLIIIIIIIMIb:'4 '-':::•';'1‘;:ri 4.r (:- . ' ' ' it; • � ��1 t•..0vi ur ill ■:4AMAtilt� ►��ib. am ■.� .11111► f$ITZNAt ms o� Ut3 4iviiiiima cur: et, i..N 1111 . , eor et Dr [if:1r, 4,1,k, 46.di ,...,..s; . _. ti • I JehrEreriii' •: � }� williiiiiii2 '• i) z:".%'7;11•• Or • .. 14 44 4 • -8 • • •© •rb`3. "`L hifite44iIiiiIRIi! L2 � 603.111110 en aim mitaiirm ma, ZIPAS CO :,.„,..,,_,.,..,‘...,...,;.,,_.,..., .,, . ..,. s,hitMillgilt ' a, , .,..... .._Il,i._.N 1Npa62m■ i1 o1-*a =1111111 111111111111 ®�'• a1�is, r ftj7jjjjjjj: ,e, ? ... . 0.4" -to .61 i 11:,rof “ii.+4,,f4- I " -7"--- oil - 1 n n Rail c .CI111r . a° C� ''Iv lian ��E: Citi• : Wester _ - t 4V! ��ip Swan C .��-y_,A,I 0 Site Hw 5we-aos,��t. ' i;r• "' ...1 1,k: "III ilibibia41114111141 . k., iff,:;:.,. _ . . _ _.. \ Le ibk. -i : 1-1..v.i-, • 0- t!* 44*-In wi 11111111111111410 *as 4 ♦ .-' �Ilikikiw 41$4°.114 ��atrik or �' Rice Mar:h `:- -''lis, L �C Lak Susan Lake P Nririm g -.)). rd f 4 11.1 arsh LaVortiti14„, 4,471 o.Ar• •• � �� . ..-figi 1 �'y" e � ilr• _ se_�-:: zt � It:' Alit , Chanhassen Entertainment Center August, 21, 1996 Page 2 PROPOSAL/SUMMARY The applicant is requesting preliminary plat approval and phasing of remodeling of the Entertainment Center into two phases. The platting includes property from the Bloomberg Addition as well as the Chanhassen Mall Addition. The purpose of replatting is to provide a separate lot for the Cinema and Entertainment Complex. The phasing of the remodeling of the Entertainment Complex is due to the fact that the Cinema developer is ready to proceed with construction while the Entertainment Center Developer has not completed the financing package yet. The phasing of the development will include the reconstruction of the facade, the parking lot, and the railing surrounding the building. All these improvements are proposed to be provided for the Cinema portion only. Staff is unaware as to when the Entertainment Center will be able to proceed. However, the applicant is working diligently to workout the details of their finances. Without approval of the — phasing, the Cinema will not proceed,thus no development. There are two areas of concern with staff. One is the appearance of the building. Should the Entertainment Center fail to remodel their portion, only half of the exterior will be remodeled. The second is, should the Cinema be held captive because the Entertainment Center is not able to _ proceed at this time. Staff has looked into alternatives that would ensure the completion of the project, however, the City has no means of requiring the Entertainment Center to complete the project. The main incentive that the City is offering at this time is the funding assistance (Tax Increment Financing) from the Housing and Redevelopment Authority. Staff is recommending approval of the subdivision with conditions outlined in the staff report. As to the phasing of the project, we believe that there are adequate incentives offered by the City, as well as the added business the new image will create, that the owners of the Entertainment Center will complete the project. Based upon the forgoing, staff is recommending the Planning Commission consider approving the phasing of the remodeling of the Entertainment Complex. BACKGROUND On January 22, 1996,the City Council approved the Site Plan for the Entertainment Complex(#95- 21 SPR). As a condition of approval for the Entertainment Complex,the applicant was required to — replat the underlying property to provide a separate lot for the Entertainment Center and a second lot for the Cinema. The applicant is proposing replatting lots in the Bloomberg and Chanhassen Mall Subdivision. The replatting will provide for separate ownership of the parcels. Current layout of the buildings in relation to the property lines, do not meet building code requirements. The replat will remedy this situation. Chanhassen Entertainment Center August, 21, 1996 — Page 3 SUBDIVISION — The subdivision includes the replatting of three lots and three outlots into three lots and one outlot. Lot 1, Block 1, Frontier Cinema Addition, will house the Cinema. Outlot A will contain — parking for the Cinema. Outlots B and C are currently owned by the Cinema and will be deeded back to the Entertainment Center since portions of the Entertainment Center is located within these two outlots. Lot 1, Block 1, Entertainment Complex will house the Entertainment Center — which consist of the Bowling Ally, Pauly restaurant, and retail shops. The reason for replatting is to create separate lots for the Cinema and Entertainment Center. Both lots will have access to Paulys Drive either via direct frontage or cross access easements. — The property being replatted contains buildings that are being redeveloped into new uses. Some of these buildings do not comply with current building code requirements for exterior wall protection at property lines. As the buildings are redeveloped and property is replatted, the buildings must be made to comply with the building code. Table 5-A of the Uniform Building Code (UBC) regulates wall and opening protection for buildings based on location on the property. The same table also regulates the construction type of the building walls. Generally, for the project under consideration, no openings are permitted in — walls less than five feet from a property line and walls within five feet of the property line must be of four-hour noncombustible construction.. These requirements may affect the north and east walls of the building contained in the Entertainment Complex plat and the north and west walls of the — building contained in the Frontier Cinema Addition plat. The developers and owners should be aware of the building code requirements since they will undoubtedly affect the scope of the project. RECOMMENDATION PHASING CONSTRUCTION OF THE ENTERTAINMENT COMPLEX — The Planning Commission recommends approval of phasing of the construction of the — Entertainment Complex. SUBDIVISION — "The Planning Commission recommends approval of Subdivision 96-17 for the Entertainment Complex and Frontier Cinema Addition as shown in plans submitted July 15, 1996, and subject to the following conditions: 1. Existing Buildings shall comply with the requirements of Uniform Building Code Chapter — 34,"Existing Structures." 2. Engineering Department Conditions: — Chanhassen Entertainment Center August, 21, 1996 Page 4 FRONTIER CINEMA ADDITION PLAT a. The final plat should dedicate a 10-foot wide drainage and utility easement along the south side of Lot 2 and Outlot A. b. The final plat should also show existing easements of record across the parcel. The City has a sanitary sewer easement which intersects the parcel. c. The applicant should supply the City with a$400 escrow for review and recording — the documents for the City Attorney's office. ENTERTAINMENT COMPLEX PLAT a. The final plat should show the existing easements of record across the parcel. The City has an existing sewer and water line that intersects the parcel that should be denoted on the final plat. The easement width should be a minimum of 20 feet wide. b. The applicant should supply the City with a financial escrow in the amount of $250 for review and recording of the final plat by the City Attorney's office." Attachments 1. Memo From Mark Littfin, dated August 15, 1996. 2. Memo from Dave Hempel dated August 14, 1996 3. Memo from Steve Kirchman dated August 13, 1996. 4. Plat dated July 15, 1996. CITY OF _ 1ov„. 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 — (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM — TO: Sharmin Al-Jaff, Planner II FROM: Mark Littfin, Fire Marshal DATE: August 15, 1996 — SUBJECT: Request for preliminary plat approval to re-plat three lots and three outlots into three lots and one outlot in an area zoned GB, general business and CBD, central — business district, located north of the railroad tracks, east of Market Blvd. and south of West 78th Street, Chanhassen Entertainment Center, Lotus Realty. I have reviewed the preliminary plat approval to the above project. In order to comply with the Chanhassen Fire Department/Fire Prevention Division, I have the following fire code or city ordinance/policy requirements. The review of the preliminary plat for approval was based on the — available information submitted at this time. As additional plans or changes are submitted,the appropriate code or policy items will be addressed. 1. No comments at this time. g:\safetylmllentertai CITY QF ClIANBASSEN _ r 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Sharmin Al-Jaff, Senior Planner FROM: Dave Hempel, Assistant City EngineerA DATE: August 14, 1996 SUBJ: Review of Preliminary Plat for Entertainment Complex and Frontier Cinema Addition - File No. 96-24 LUR Upon review of the plat documents prepared by Otto & Associates, I offer the following comments and recommendations: FRONTIER CINEMA ADDITION PLAT 1. The final plat should dedicate a 10-foot wide drainage and utility easement along the south side of Lot 2 and Outlot A. 2. The final plat should also show existing easements of record across the parcel. The City has a sanitary sewer easement which intersects the parcel. 3. The applicant should supply the City with a $400 escrow for review and recording the documents for the City Attorney's office. ENTERTAINMENT COMPLEX PLAT 1. The final plat should show the existing easements of record across the parcel. The City has an existing sewer and water line that intersects the parcel that should be denoted on the final plat. The easement width should be a minimum of 20 feet wide. 2. The applicant should supply the City with a financial escrow in the amount of$250 for review and recording of the final plat by the City Attorney's office. c: Charles Folch, Director of Public Works g:'eneclave fecinema- pr doc CITY OF t$1:111' CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 — (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Sharmin Al-Jaff, Planner II FROM: Steve A. Kirchman, Building Official A.....:C0/ — DATE: August 13, 1996 SUBJECT: 95-21 SPR(Chanhassen Entertainment Center, Lotus Realty) I was asked to review the preliminary plat proposal stamped "CITY OF CHANHASSEN AUG 05 — 19 9 6 I BUILDING DEPARTMENT' and "CITY OF CHANHASSEN AUG 13 19 9 6 , BUILDING DEPARTMENT' for the above referenced project. Analysis: The property being replatted contained building that are being redeveloped to new uses. Some of these building do not comply with building code requirements for exterior wall protection at property lines. As the building are redeveloped and property is replatted the building must be made to comply with the building code. — Table 5-A of the Uniform Building Code (UBC) regulates wall and opening protection for buildings based on location on the property. The same table also regulates the construction type of the building walls. — Generally, for the project under consideration, no openings are permitted in walls less than five feet from a property line and walls within five feet of the property line must be of four-hour noncombustible construction.. These requirements may affect the north and east walls of the building contained in the — Entertainment Complex plat and the north and west walls of the building contained in the Frontier Cinema Addition plat. The developers and owners should be aware of the building code requirements since they will undoubtedly affect the scope of the project. - Recommendation: The following condition should be included with the conditions of approval: 1. Existing Buildings shall comply with the requirements of Uniform Building Code Chapter 34, — "Existing Structured'. g.\safety\sak\memos\plan\enntan4 — CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION APPLICANT: Lotus Realty Services , Inc . OWNER: Bloomberg Companies and Chan Ventures , LLC P.O . Box 730 , Chanhassen and ADDRESS: P.O. Box 235 ADDRESS: 296 N . Pasc7a1 , St . Pani ccn-7� respectively Chanhassen, MN 55317 Fax TELEPHONE (Day time) 934-4538 TELEPHONE: 934-5472 1. Comprehensive Plan Amendment 11. Vacation of ROW/Easements 2. Conditional Use Permit 12. Variance 3. Interim Use Permit 13. Wetland Alteration Permit 4. Non-conforming Use Permit 14. Zoning Appeal 5. Planned Unit Development 15. Zoning Ordinance Amendment 6. Rezoning 7. Sign Permits 8. Sign Plan Review Notification Signs — 9. Site Plan Review X Escrow for Filing Fees/Attorney Cost** ($50 CUP/SPRNACNAR/WAP/Metes and Bounds, $400 Minor SUB) 10. x Subdivision TOTAL FEE $ 150 . 00 A list of all property owners within 500 feet of the boundaries of the property must included with the application. Twenty-six full size folded copies of the plans must be submitted. 81" X 11" Reduced copy of transparency for each plan sheet. NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. " Escrow will be required for other applications through the development contract PROJECT NAME Entertainment Complex LOCATION Pauly Drive & Market Boulevard LEGAL DESCRIPTION See proposed plats for proposed new legals . PRESENT ZONING CBD & BG REQUESTED ZONING No change requested PRESENT LAND USE DESIGNATION CBD & BG — REQUESTED LAND USE DESIGNATION No change requested REASON FOR THIS REQUEST To enable the property owners to proceed with the redevelopment of the parcels . This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. LOT S RE 'LTYk R %10ES , INC . 7/ -A; - Si ture of pli nt Date Signature of Fee Owner Date Application Received on Fee Paid (5 LI,�� Receipt No. ( 15y 7 The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant's address. NOTICE OF PUBLIC HEARING PRELIMINARY PLAT REVIEW CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Wednesday, August 21, 1996, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 690 Coulter Drive. The purpose of this hearing is to consider the application of Lotus Realty request a Preliminary Plat approval to replat three lots and three outlots into three lots and one outlot in an area zoned BG, General Business and CBD, Central Business District, located north of the railroad tracks, east of Market Boulevard and south of West 78th Street, Chanhassen Entertainment Center. A plan showing the location of the proposal is available for public review at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Sharmin Al-Jaff, Planner II Phone: 937-1900, ext. 120 (Publish in the Chanhassen Villager on August 8, 1996) Amoco American Oil Co. B. C. Burdick Chanhassen Inn — Property Tax Dept. 426 Lake Street 531 W. 79th Street 200 E. Randolph Dr. MC 2408 Excelsior, MN 55331 Chanhassen, MN 55317 Chicago, IL 60601-7125 Chanhassen Realty Co. Chan Retail Ltd. Partnership Church of St. Hubert _ 1589 Hwy. 7 c/o Weis Asset Mgmt., Inc. 7707 Great Plains Blvd. Hopkins, MN 55343 8424 Irwin Road Chanhassen, MN 55317 Bloomington, MN 55437 — Robert Dittrich Phillip &Nancy Hillman Holiday Station Stores, Inc. 1827 Crestview Drive c/o Tom& Kay Klingelhutz 4567 80th Street W. _ New Ulm, MN 56073 Rt. 3, Box 118A Bloomington, MN 55437 Annandale, MN 55302 Gerald Schlenk, Jean vonBank Arthur& D. Kerber Al H. Klingelhutz Mary Goetz 511 Chan View Gerald W. Schlenk 225 West 78th Street Chanhassen, MN 55317 8600 Great Plains Blvd. — Chanhassen, MN 55317 Chanhassen, MN 55317 Mike Ramsey Thomas & Mary Lou Krueger Market Square Assoc. Partnership — 501 West 79th Street 7136 Utica Lane 200 W. Hwy. 13 Chanhassen, MN 55317 Chanhassen, MN 55317 Burnsville, MN 55337 Market Square Assoc. II, LLC John M. Havlik, Jr. Heritage Park Apts. — 470 West 78th Street Box 195 c/o Thies & Talle Mgmt., Inc. Chanhassen, MN 55317 Chanhassen, MN 55317 470 West 78th Street, Box 25 Chanhassen, MN 55317 — Gary L. Brown Gale Pelcl Gerald&L. Schlenk 1831 Koehnen Circle W. 505 Chan View 225 W. 78th Street _ Excelsior, MN 55331 Chanhassen, MN 55317 Chanhassen, MN 55317 Michael Sorenson Richard W. Steiner, Jr. Valvoline Instant Oil Change Rt. 2, Box 187K P. O. Box 1717 301 Main Street E. Belle Plain, MN 56011 Whitefish, MT 59937 Lexington,KY 40507 Charles R. Wechterman Waterfront Associates Donald F. McCarville Shelly Mehl-Wechterman 440 Union Place 3349 Warner Lane 509 Chan View Excelsior, MN 55331 Mound, MN 55364 — Chanhassen, MN 55317 Minnegasco, Inc. Mithun Enterprises, Inc. Ronald Dubbe & Ralph Molnau — 201 7th Street St. 900 Wayzata Blvd. E. 356 West 3 1/2 Street Minneapolis, MN 55402 Wayzata, MN 55391 Waconia, MN 55387 "ichard& Mary Rasmussen Mark& Rose Ann Schlenk State Bank of Chanhassen _)3 Chan View 501 Chan View, P. O. Box 145 680 West 78th Street Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Twin Cities Western Railroad Dean H. L. Wallentine Wendy's International, Inc. )95 12th Street East 507 Chan View 40 Shuman Blvd., Suite 130 Glencoe, MN 55336 Chanhassen, MN 55317 Naperville, IL 60563 -Jilbar Properties Chan Medical Arts Ltd. Partnership Chan Medical Arts II, LLC 7811 Great Plains Blvd. 470 West 78th Street 470 West 78th Street hanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 ires Plus Applebee's International 380 West 79th Street 4551 West 107`h, Suite 100 'Thanhassen, MN 55317 Overland Park, KS 66207 _ CHANHASSEN PLANNING COMMISSION REGULAR MEETING AUGUST 7, 1996 Chairwoman Mancino called the meeting to order at 8:10 p.m. MEMBERS PRESENT: Nancy Mancino,Craig Peterson,Bob Skubic and Jeff Farmakes MEMBERS ABSENT: Ladd Conrad and Kevin Joyce STAFF PRESENT: Kate Aanenson,Planning Director;Bob Generous,Senior Planner;John Rask, Planner I;Sharmin Al-Jaff,Planner II;and Dave Hempel,Assistant City Engineer PUBLIC HEARING: _ CONCEPTUAL AND PRELIMINARY PLANNED UNIT DEVELOPMENT APPROVAL FOR A MEDIUM DENSITY RESIDENTIAL DEVELOPMENT ON 7.03 ACRES LOCATED SOUTH OF COULTER BLVD.AND EAST OF THE STONE CREEK DRIVE EXTENSION,REZONING OF PROPERTY FROM A2.AGRICULTURAL ESTATE TO PUD-R,PRELIMINARY PLAT OF 25 LOTS, 1 OUTLOT AND ASSOCIATED RIGHT-OF-WAY,SITE PLAN APPROVAL FOR 25 TOWNHOME UNITS AND A CONDITIONAL USE PERMIT FOR EXCAVATION AND FILLING WITHIN THE FLOOD PLAIN,TOWNHOMES AT CREEKSIDE,HERITAGE DEVELOPMENT. Public Present: Name Address Mark Foster 8020 Acorn Lane Bob Generous presented the staff report on this item. Mancino: Any questions from commissioners? Skubic: I have one question. Is the trail to the east of Stone Creek Drive,is there any connection on the development to the south for that trail? Generous: Well there's a proposed ridge or a culvert system that would be put in and then within Creekside there is a trail that continues down along the creek. Skubic: So the western side of it. Generous: Yes,that's correct. Skubic: So the eastern side and adjacent to the road,is there also a trail? Does that trail end at Bluff Creek there? Generous: No. It will follow the creek down,so they'll converge where the two branches of the creek converge. Skubic: Okay. Thank you. Mancino: So it will actually cross the creek at that point? Generous: Yes. 1 Planning Commission Meeting-August 7, 1996 Mancino: Where the two converge? Generous: Yes. — Mancino: How do you do that environmentally? Sensitively. Generous: With the pedestrian type bridge structure that actually goes up. I don't know if they've determined the final design yet of that crossing. Mancino: Okay. And is that something that we are asking the applicant to assure us that the design is a trail — system and how the two converge together? Generous: I'm not sure on that. Todd Hoffman was working with the applicant. Mancino: We may want to add that as a condition so we're sure that is approved. Any other questions at this point? Peterson: How close are we to coming off the cul-de-sac to get to units 15, 16 and 17 as far as fire and safety? I mean it looks as though we haven't got a real good turn around there. Generous: The Fire Marshal didn't have a problem with that little driveway area. Peterson: That's surprising. I mean normally we have that issue,don't we? As far as. Generous: Well if it's a long back up for them,he didn't feel that that was a problem right there. Peterson: That's all I've got. — Mancino: Okay. Bob,will you please explain for me the conditional use permit for excavating and filling within a flood plain,where in your report you have staff is unclear on how the applicant can alter the flood plain. If we are unclear,then why would we be okay with conditional use permit for it? — Generous: Well it's a little confusing on how it's defined. I believe Mr. Ken Adolf with Schoell and Madson has a little better graphic there. _ Mancino: Okay,why don't we wait and once we open this up for you to come in front of us,if you could answer that question. That would be great. Thank you. I'll wait. My only other question Bob is,and staff is,we have some Livable Community goals as far as multi-family. And according to a document that the — City Council has signed and mandated for the City to uphold,is that we are looking for the multi-family to come in. The majority of the projects,six units an acre or higher. Does this meet,and will this satisfy our Livable Communities density goal that we have? And if it does or doesn't. If it doesn't,let's say,will that — put an onus on other areas? Aanenson: I'd be happy to respond. As you may or may not recall,during the Highway 5 corridor study one of the objections to re-evaluate some of the zoning and this was a property that we identified as kind of — a transitional piece based on some of the surrounding uses. And we felt that this could be up zoned so we gave it from a low density to a medium density designation. This is some of the concern we had. This wasn't our first choice of product. This was the issue that we raised before when we had a medium density — property designation and go on the lower end. This is just over 4 units an acre. We lost an opportunity that we'll have to pick up somewhere else. Mancino: So our medium density is 4 to 8? Aanenson: Correct. 2 _. Planning Commission Meeting-August 7, 1996 Mancino: And where...four sides,the 4.3. Aanenson: So there is other zoning. There's other housing type products that could be employed. This certainly is the choice of the applicant's. There are other options. Mancino: Okay. So we could recommend upping the density so that we are meeting our density goal for the Livable Communities Act? Aanenson: Correct. _ Mancino: Okay. I just wanted to ask about that from a staffs position how you had looked at that. Thank you. Peterson: One last question actually I forgot to ask. Regarding,we've already addressed the need for additional parking on the west side of Building 25. It still looks as though,if we add two more there you've still only got seven parking spots for that whole development. Is there any other,can you put any more between 14 and 15 on the end of that lot? Because that whole section on that side doesn't seem to have any guest parking. I mean you've got a long walk from that perspective. Did you consider that at all? Generous: I didn't really consider that. That parking that they're providing exceeded the requirement. Peterson: It's just a matter of where it is versus where some of the units are so,and it's not going to be used. People on 16, 17 and 15 aren't going to use the one in the cul-de-sac. They're going to park on the street probably. Just adding to the safety issue probably. Mancino: Good question. Any other questions of staff? Does the applicant or their designee wish to address the Planning Commission? Please do so. John Dobbs: Good evening. My name is John Dobbs from Heritage Development. I believe we've gone through the requirements...come a long ways from the time,from the first one. I have brought a bigger drawing of the elevation side,and that front as well as some materials. I was talking to Dave this morning...but we were talking about doing some brick and... This would be the siding type. This would be the light,I mean it's vinyl siding. Try and keep the maintenance cost down. There will be brick on the foundation and then a shingle kind of a color and then the soffit. And then double pane on the windows. And I guess all and all I think it's come a long ways and we've done a pretty good job on,Todd Hoffman and I talked a couple times about the... I think to answer Craig's question earlier,there is a trail that stubs on Stone Creek and... I think Todd was talking about either putting a pedestrian bridge in to cross the creek...that was,where it would temporarily flood. If the creek came up so we didn't have to do a lot of construction. We're trying to do an overall construction project with the trails going from Coulter Boulevard all the way down to the culvert crossing underneath Stone Creek and south under Timberwood as one project so we're trying to get to that... And Ken has some,Ken Adolf from Schoell and Madson has some graphics on the flood plain and I'll be happy to answer any questions. Mancino: John will every unit,the 25 units all have the same coloring? The same brick. I mean everything look. John Dobbs: Currently that is the way that it's oriented. There could be some diversity easily and the building wasn't...to the colors as long as there was a universal scheme on each building that matched and made sense but they could definitely do some diversity in colors if that was a strong wish. Mancino: Thank you. Ken Adolf: Hopefully to clarify the issue of the flood plain. The flood plain prior to any grading having been done in the area in conjunction with the Creekside project to the south is the line shown in red. As part of the Creekside project there was a storm water basin excavated on the north side of Bluff Creek,and 3 Planning Commission Meeting-August 7, 1996 that actually resulted in the flood plain elevation moving farther north,or what's shown in blue. And then what's shown in gray would be the flood plain elevation with the construction of Stone Creek Drive and of the townhome development. So there's a fair amount of flood plain filling in conjunction with the Stone — Creek Drive crossing. Some of that lost volume is being replaced with the excavation that's occurring in this are and actually in here on the original flood plain that's being excavated from the lower elevation. Mancino:Okay,thank you. Does the applicant have any other? John Dobbs: Just briefly. The only other comment I would make is about the density as a whole. As you can see from the graphic,as you know there's a good setback from Bluff Creek. Will this impacts two sides of this 7 acre site so there's 100 feet that is essentially...plus the flood plain and the right-of-way so out of the 7 acres,it's fairly. Mancino: It's small. John Dobbs: And also the times we've been...make sense of the cost of financing. So that would be the only other comment. — Mancino: Thank you very much. Appreciate it. May I have a motion to open the public hearing and a second please? — Peterson moved,Farmakes seconded to open the public hearing. The public hearing was opened. Mancino: Anyone wishing to address the Planning Commission on this particular item number? Please — come forward. State your name,address. Mark Foster: Hello. My name is Mark Foster. I live at 8020 Acorn Lane in Timberwood. I just have a — comment about the density. I realize the density is the lowest it would go for residential on a 7 acre parcel but it's,if I look at it, it's already...it seems. The density level. I live on the north side of Timberwood and my neighbor...on the northeast corner and our two lots together are about 8 acres,so we're going from two houses on 8 acres to a 7 acre parcel with 25 townhomes. My concern is the density and if the density can't — be lowered for residential,I would prefer for the City to look at alternatives like commercial and... That's all I have. Mancino: Thank you very much. Anyone else? Seeing none,may I have a motion to close the public hearing and a second? Peterson moved,Farmakes seconded to close the public hearing. The public hearing was closed. — Mancino: Thank you. Comments from commissioners. Jeff. Farmakes: This has been picked over pretty well. It's an improvement and I have a few things to add in the conditions. I'll leave it at that...and that's it. Mancino: Okay. Bob. — Skubic: I have no comments. I'm agreeable to what staff has prepared here. Mancino: Craig. Peterson: Just the only comments relative to I do believe that I feel very strongly that the color of the — buildings and the texture do have some variety to them versus one succinct color throughout the whole development,and Jeff that's maybe one of your conditions. I would like to see staff try to get parking scattered in there a little bit better, if it's all possible to look at it again. Those are really my only two issues as far as overall,I think it's a good plan for what the space they have available. — 4 — Planning Commission Meeting-August 7, 1996 Mancino: Okay,thank you. I also agree with the architectural concerns. Having a variety. The only other concern that I have,or two others. One I already brought up tonight,is the landscaping on the east side. And that is that I would just like the applicant and staff to review that on the east side,as you cross the creek,what we have east of the creek is office and industrial and I didn't see for those townhomes,for 11 through 17,I didn't see too much buffering...they will have an office industrial so I would just like to see that revisited and have the landscaping enhanced on the eastern side. Audience: Could you speak up? _ Mancino: Oh, I'm sorry. I would just like to see the landscaping enhanced on the east side of the plat and that is mostly because they will be facing those townhomes. The backs of them,which are lovely,they'll be facing industrial office and I have a concern that there isn't enough vegetation buffering that so. I still have a concern. I think the townhomes are quite nice. Quite lovely. And I think that the applicant,I'm sorry I was not here at the last public hearing for this when it was tabled and I think that there has been a lot of work between the applicant and staff. I do have concerns that we are not following the mandate from our City Council for the Livable Communities Act and making sure that we keep our densities where they should be so I have a very big concern with that. May I have a motion? Farmakes: I make a motion that the Planning Commission recommend approval of Conceptual and Preliminary Planned Unit Development,PUD,for a 25 unit medium density residential development on 7.03 acres rezoning of the property from A2,Agricultural Estate to PUD-R,preliminary plat of 26 lots,2 outlots and the associated right-of-way on approximately 29 acres,site plan approval for 25 townhomes units and a conditional use permit for the excavation and filling within the flood plain,Townhomes at _ Creekside,subject to the following conditions listed on the staff report dated 8-7-96. I'm going to go down the list because this has been modified somewhat. 1 through 3 deleted. 4 as is. 5 as is. 6 deleted. 7,8 as is. 9 would be revised to read,the storm ponds shall be constructed with the initial site grading. 10 through 21 as is. 22 deleted. 23 modified to delete the second,or rather the first sentence,the center of. That should read,all structures shall be set,or excuse me. Yes,all structures shall be set back a minimum of 100 feet from the project boundaries which are adjacent to Bluff Creek and it's tributaries. 24 deleted. 25 modified to read, Stone Creek Drive shall be designed and constructed in accordance with city standards, i.e. standard boulevards. 26 deleted. 27 as is. 28 should be modified to read, if the applicant installs the trunk sanitary sewer,they shall be compensated by means of credits against their Coulter Boulevard assessments for the cost difference between an 8 inch lateral line and the 18 inch trunk sewer line. 29 should be modified to read,Street A shall be constructed as a private street with a 26 foot wide street section. 30 deleted. 31 deleted. 32,33,as is. 34 deleted. 35 as is. 36 modified to read, if parking on the street is desirable,the roadway must be widened to 28 feet. However,this will allow parking only on one side of the street. No parking fire lane signs must be installed per Chanhassen Fire Department Policy#06- 1991. 37 through 40 as is. And 41 in addition,staff shall work with the applicant to come up with a variety of base colors for the units. 42. The staff will review the parking issue. And 43. Landscaping shall be enhanced on the east side to improve buffering. Mancino: Is there a second? Peterson: Second. Mancino: May I make a friendly amendment that we add 44. That the applicant shall submit for approval a foundation planting plan for each of the units. Would you agree? Farmakes: That's fine. Mancino: Okay. And is that seconded also? Peterson: Yes. 5 Planning Commission Meeting-August 7, 1996 Mancino: Thank you. It has been moved and seconded. Is there any discussion? Farmakes moved,Peterson seconded that the Planning Commission recommend approval of — Conceptual and Preliminary Planned Unit Development,PUD,for a 25 unit medium density residential development on 7.03 acres rezoning of the property from A2,Agricultural Estate to PUD- R,preliminary plat of 26 lots,2 outlots and the associated right-of-way on approximately 29 acres, site plan approval for 25 townhomes units and a conditional use permit for the excavation and filling within the flood plain,Townhomes at Creekside,subject to the following conditions: 1. The applicant will be responsible for applying for and obtaining changes to the FEMA flood plain maps — to reflect developed conditions. The applicant shall further define,graphically,the proposed floodplain boundary and provide justification for the changes. 2. The applicant shall notify and obtain a permit from the Bluff Creek Watershed district as needed for the — activities of altering a flood plain and discharging storm pond runoff into the Bluff Creek. The city shall review comments from the Bluff Creek Watershed District before final plat approval. 3. All buffer areas shall be surveyed and staked by the applicant in accordance with the City's wetland ordinance. The City will install wetland buffer edge signs before construction begins and will charge the applicant$20 per sign. _ 4. The final plat shall dedicate the appropriate utility and drainage easements over all utilities,wetlands and ponding areas outside the right-of-way. Consideration should also be given for access for maintenance of the storm sewer lines as well as ponding areas and wetlands. 5. The storm ponds shall be constructed with the initial site grading. 6. Water quality fees will b based in accordance with the City's SWMP. If the applicant constructs the water quality ponds as proposed,these fees will be waived. Water quantity fees will b based in accordance with the City's SWMP. Storm sewer trunk fees will be evaluated based on the applicant's contribution to the SWMP design requirements. The fees will be determined by staff upon approval of the construction plans. 7. The applicant shall report to the City Engineer the location of any drain tiles found during construction and shall relocate or abandon the drain tile as directed by the City Engineer. 8. All utility and street improvements shall be constructed in accordance with the latest edition of the City's Standard Specifications and Detail Plates. Detailed street and utility plans and specifications shall be submitted for staff review and City Council approval. 9. The applicant shall provide detailed storm sewer calculations for 10 year and 100 year storm events and provide ponding calculations for storm water quality/quantity ponds in accordance with the City's Surface Water Management Plan for the City Engineer to review and approve. The applicant shall provide detailed predeveloped and post-developed storm water calculations for 100 year storm events and normal water level and high water level calculations in existing basins. Individual storm sewer calculations for a 10 year storm event between each catch basin segment will also be required to determine if sufficient catch basins are being utilized. In addition,water quality ponding design calculations shall be based on Walker's Pondnet model. _ 10. The applicant shall enter into a development contract with the City and provide the necessary financial security to guarantee compliance with the terms of the development contract. 11. The applicant shall apply for and obtain permits from the appropriate regulatory agencies,i.e.Carver County,Watershed District,MWCC,Health Department,PCA,DNR,Army Corps of Engineers,and 6 Planning Commission Meeting-August 7, 1996 MnDot,and comply with their conditions of approval. 12. Prior to final plat approval the applicant shall submit to the City soil boring information. On lots with fill material that have been mass graded as part of a multi-lot grading project,a satisfactory soils report from a qualified soils engineer shall be provided to the Building Official before the City issues a building permit for the lot. 13. No berming or landscaping will be allowed within right-of-way areas. 14. The lowest flood elevation of all buildings shall be a minimum of two(2)feet above the high water level calculated according to the shoreland ordinance guidelines. 15. All areas disturbed as a result of construction activities shall be immediately restored with seed and disc-mulched or wood-fiber blanket or sod within two weeks of completion of each activity in accordance with the City's Best Management Practice Handbook. 16. Type III erosion control fence shall be installed adjacent to wetlands. Additional erosion control measures such as rock construction entrances may be incorporated on the final construction plans. 17. A buffer strip of 0 to 20 feet with a minimum average width of 10 feet shall be maintained adjacent to ag/urban wetlands. The principal structure setback shall be 40 feet measured from the outside edge of the buffer strip. 18. All structures shall be set back a minimum of 100 feet from the project boundaries which are adjacent to Bluff Creek and it's tributaries. 19. Stone Creek Drive shall be designed and constructed in accordance with City street standards,i.e. standard boulevards. 20. The storm sewer system shall be redesigned to limit discharge points to one on Stone Creek Drive. 21. If the applicant installs the trunk sanitary sewer,they shall be compensated by means of credits against their Coulter Boulevard assessments for the cost difference between an 8 inch lateral line and the 18 inch trunk sewer line. 22. Street A shall be constructed as a private street with a 26 foot wide street section. 23. The developers and designers should meet with the building official as early as possible to discuss commercial building permit requirements. 24. Submit street names to the Public Safety Department,Inspections Division,for review prior to final plat approval. 25. Adjust property lines to permit code complying projections or revise plans to remove projections. Adjust property lines to permit screen porches or revise plans to remove porches. This should be done before preliminary plat approval. 26. If parking on the street is desirable,the roadway must be widened to 28 feet. However,this will allow parking only on one side of the street. "No Parking Fire Lane"signs must be installed per Chanhassen Fire Department Policy#06-1991. 27. A ten foot clear space must be maintained around fire hydrants,i.e.,street lamps,trees,shrubs,bushes, NSP,NW Bell,cable television,transformer boxes. This is to insure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance 9-1. 7 Planning Commission Meeting-August 7, 1996 28. Land within the 50 foot creek setback will be dedicated public property. 29. Heritage Development will construct Trail"A"and Connector"A"within the 50 foot setback. '— Heritage will be compensated for the construction and engineering costs associated with these trails. Heritage will also be granted park fee credit for the linear area required for these trails based on a calculations of length times 20 feet in width. The proposed plat,at 25 multi-family units generates a _ land dedication requirement of two-thirds of an acre. 30. Heritage Development will also construct Trail Extension"B"within the right-of-way of Stone Creek Drive. Heritage will be compensated for the construction and engineering costs associated with this trail. The staking of these trails are to be approved by the Park&Recreation Director and City Engineer prior to construction. These improvements are to be bid as a unit of the larger public improvement projects being sponsored by the applicant as a part of this site work. Upon certification _ by the city of a low bidder for the trail components,said work shall be completed. Upon completion and acceptance of trail components,the applicant shall be reimbursed for engineering and construction costs associated with the trails utilizing trail acquisition and development funds. 31. Staff shall work with the applicant to come up with a variety of base colors for the units. 32. The staff will review the parking issue. _ 33. Landscaping shall be enhanced on the east side to improve buffering. 34. The applicant shall submit for approval a foundation planting plan for each of the units. All voted in favor,except Mancino who opposed,and the motion carried with a vote of 3 to 1. Mancino: I will be the one nay vote and I would just like,the reason for the nay vote is I would like the City Council to look at it and to decide whether it is something that they want to look at the density and the density goal with the Livable Communities Act. To highlight it for them. Thank you. This will be on the City Council agenda. Generous: August 26`h Mancino: August 26t. Thank you. PUBLIC HEARING: SITE PLAN APPROVAL TO CONSTRUCT A 30 X 44 CANOPY OVER THE EXISTING GAS PUMPS AND A SIX(6)FOOT VARIANCE FROM THE 25'FRONT YARD SETBACK REQUIREMENTS ON PROPERTY ZONED BH,HIGHWAY BUSINESS DISTRICT AND — LOCATED AT 7910 DAKOTA AVENUE,SINCLAIR STATION. Public Present: Name Address Larry Feldsein 6602 Portland Avenue,Richfield 8 Planning Commission Meeting-August 7, 1996 Bill Davis 6602 Portland Avenue,Richfield Ivan Johnson 7920 So.Bay Curve,Eden Prairie John Rask presented the staff report on this item. Mancino: Thank you. Are there any questions from the commission at this time? For staff. Peterson: So you're recommending the plan that is up front now right next to TH 5,the monument sign being left as it is? Rask: Yes,that's correct. Mancino: I have a question John. The lighting that's there right now,at the gas,where you get the gas pumps. Will there be significant more light generated from the canopy than what's there now? Rask: It's hard to tell at this point. Those are unshielded lights. I imagine they do emit a fair amount of light. That is something we've asked the applicant to provide as part of the conditions of approval is to provide us with a report. A photometric report which measures the amount of light at the property line. In conversation with the applicant it is believed that that can be obtained. The standard that is generally used for lighting for parking lots is a half a foot candle measured at the property line and we believe that we can obtain that with this. With some modifications to what's being proposed. Mancino: Okay. I'll wait and talk to them. Any other questions? Is the applicant here and do you wish to make a presentation to the Planning Commission? Larry Feldsein: Commission members,my name is Larry Feldsein. I'm with Sinclair Oil. I have with me tonight Mr.Bill Davis who is also with Sinclair Oil and Ivan Johnson who operates the station at 7910 Dakota. I guess I'd like to first of all explain why...canopy. Basically it's to add a convenience to our customers to better serve our customers. And while we're doing that we want to improve our image and...graphics and our colors. I don't know if you,I think I saw John passing a pamphlet around and you'll note that the older colors were let's see,green,white,green,red. So we're changing to just two colors _ which is basically green and white. Even though we'll still maintain the red in the spelling of our name Sinclair. At this particular location,Ivan has been here for about 15 years and has,and we want to continue to operate at this particular location. We also wanted to,as I mentioned,improve our image and provide more convenience to our customers. I guess as far as the staff report's concerned,we take exception to two things mainly.One is the canopy height. Staff has recommended that basically what turns out to be a 13 foot clear height. We are on a highway and we are in a highway district. Clear height on freeway bridges is 15 feet. Trucks can be built to 13 foot 5. Or 13.5. 13 foot 6 inches. We do have a number of rental trucks that come in. We do have recreational vehicles. And we have highway...and even though we don't sell diesel,we still get the trucks coming in. From experience I can tell you that anything lower than 15 feet,or plus or minus 6 inches from that is going to give us problems because we have had a number of canopies hit all over the Twin Cities area and you say well if you don't sell diesel,you won't get the trucks. Diesel trucks stop for cigarettes. Back into canopies and I've had many,many experiences regarding canopies, just for that exact excuse or reason or accident or whatever you want to call it. So we would like to see that clear height. We've I guess kind of reached a little bit of a compromise in that I could agree on 14 foot 6. _ On clear height under the canopy. This also allows us,these canopies last for 20-30 years and in the process sometimes we overlay the pavements and is required of us just to increase the thickness of our pavement,without tearing everything out. It's just more economical for us. And to me it doesn't make any sense to tear the canopy down to raise the road or the pavement or adjust to that thickness. It becomes very expensive. Also,at this particular location we have a little bit of a frost heave problem. I don't know if it's going to be significant. We will be taking some-precautions to minimize that but it does fall into a safety factor,if you will, in the clearness. With respect to the lighting. I did some,I had somebody do some preliminary calculations on the lighting and... This is the point by point photometric analysis as John requested. However,this is a trial run and you'll have to maybe excuse a little bit of the overlay here. I didn't get this done until like about 4:00 this afternoon. However,with this analysis and this is using a 450 9 Planning Commission Meeting-August 7, 1996 watt fixture with a 450 watt...bulb in it. And with the projected 12 lights that we propose to put under the canopy,on the south boundary line or the south property line,we don't have any problem with making less than half a foot candle of light in that area. The rectangle that was superimposed here is that we only ran a 100 foot by 100 foot grid and I propose to do this in more detail. This was a preliminary run to find out if we could actually make the requirements of a half a foot candle at the property line. At the easterly property line along Dakota Avenue, we may have some difficulty getting to a half a foot candle at that point but in order to take into account and be sensitive to residential neighbors across the street,to the south,that was my main concern and I have no problem with making a half a foot candle at the property line. In fact we'll probably be less than that. Other than those two issues,I really don't have any exception to the staff report. Are there any other questions? Mancino: Is someone else getting up or are you the person that's speaking for them? Larry Feldsein: You can address us or I guess I'd like to have Ivan come up and tell you a little bit about the operation of the station and how long he's been there and this type of thing so. Peterson: Before you go though,what is your recommendation for the canopy clearing height then from the base up? Larry Feldsein: Minimum 14 foot 6. We'd like to have 15. _ Skubic: Question on your measurements. Just so I make sure I understand this correctly. You did not measure,take this all the way out to the property line here? Larry Feldsein: Pardon? Skubic: These measurements are not made up to the property line. They're made within the grid that you _ have outlined here,is that correct? Larry Feldsein: That's correct and that grid,you'll note on the south property line we are getting foot candles of.64, .59, .51 and we are looking like probably 50 feet from the south property line. So that's why I'm standing here...telling you that I don't have any problem making that requirement. Mancino: Your concern is on the east one. John. Do we,the half candle is a requirement for everyone, _ right? In the city. Rask: Correct. For parking. Mancino: Parking. Regardless of what it is. Everyone has to follow that. Rask: Correct. _ Mancino: Okay,thank you. Ivan please. Ivan Johnson: My name's Ivan Johnson. I'm the business owner at Ivan's Sinclair which is 7910 Dakota Avenue. I've been there 15 years. It's been kind of,the gas business has been kind of tough with all the bigger companies around and stuff. Everybody else, it's just been a tradition that everybody else has got canopies and we feel like,in talking to the experts in the oil business that this is probably about my only _ way that I can attract more gas customers and so any help would be appreciated. Mancino: Thank you very much. Can I have a motion and a second to open this for a public hearing please? Skubic moved,Farmakes seconded to open the public hearing. The public hearing was opened. 10 Planning Commission Meeting-August 7, 1996 Mancino: This is open for a public hearing. Anyone wishing to address the Planning Commission on this issue,please step forward. Seeing none,may I have a motion to close the public hearing and a second please. Farmakes moved,Peterson seconded to close the public hearing. The public hearing was closed. Mancino: Bob,comments. Skubic: Regarding the overall height. I think as a functional,as the applicant expressed,there's a functional reason to have a minimum height of 14 feet,6 inches and what we're,I think our point, staff's point here is really to kind of...lighting,having it higher. The applicant I think is demonstrating for the — most part that the lighting will fall within the requirements and I think if we can be convinced that the lighting can fall within the requirements at 14 feet 6 inches,I would support that and just receiving this,I can't say for sure whether I agree with that but first look,it looks encouraging at least on three of the sides. That's all I have. Mancino: Thank you. Craig. Peterson: I essentially agree with Bob. I would even consider going up to 15 feet on the basis of,I do think they're going to get a lot more truck traffic...because of the repairs,just because of the visibility off of TH 5. I guess the times I've seen canopies that are backed into and not fixed,I'd rather have a canopy a little bit higher than has more probability of getting backed into and not being left as been dent in for years, which I've seen in some places so. I would be comfortable going to 15 feet. That's my only comment. Mancino: Jeff. Farmakes: Yeah,I'm not sure how to address this. We talk about issues of height next to Highway 5 and then we talk about issues of existing businesses and allowing them to compete to grandfathering. There's a practical issue if somebody's going to drive a truck or drive a van underneath this issue,but that's also predisposing that it has to be there. So if you look at this applicant saying that he needs to talk to more customers to be able to compete as a small business. A smaller gas station so they need to draw more _ people in there so i.e.make the sign higher,which is a typical thing to do on a highway. To farther the sight line. How do we treat the rest of the businesses that have canopies in Chanhassen? And is the issue of those stores that don't have canopies,whether they're gas stations or quick stores or whatever,do we start making everything 15 feet high? Mancino: Where there's an Oasis? Farmakes: Well,are we going to let a trucker looking for smokes decide how tall the signs are on the highway? Aanenson: The two issues that we had when this came forward,and John spent a lot of time researching,is one. The aesthetics from the neighborhood. The higher it is,the more visible it is to the people on Lake Drive. The higher it is the more they're going to see it in the back. There's going to be some spillover that way. It's hard to see from the rendering that there's not a perspective from that side. We were trying to _ lower it. Keep it in scale with the building. That was one issue. Second. It's going to be brighter. You're putting lights underneath it and now you're going to have something that's obviously going to glow. We were comparing it to the one that's in Shorewood. The new Holiday. Very bright. Compare it to the one on SuperAmerica on Highway 7 and TH 41 in Chanhassen...not quite as bright so the issues that we had, even if it met the half point,I mean it's going to be very bright and to try to keep it more in scale with the existing building and the character of the neighborhood without lowering it,that's really where John was coming from. Farmakes: If you look at canopy height from what you define canopy height to those structures are? 11 Planning Commission Meeting-August 7, 1996 Rask: They're around 16 feet. They are taller than. Farmakes: Including the one on TH 41? Rask: Correct. I don't know that for sure. I didn't get the exact measurement but from what I've observed and the ones I did look at,it seems to be up in that height range. The other one I really found that was lower was the one at Brooks,which was 13 foot clearance on that one. That's a smaller station with just one row of pumps I believe. Maybe there's two there. Mancino: They probably wouldn't get many trucks. Rask: No. I think it was intended to serve more the residential neighborhood there and obviously people using the commercial area of the city. Whereas the Sinclair is on Highway 5. Farmakes: Well how much truck traffic do you expect them to get? I mean if you turn off of the highway there, it's almost like you're turning into either McDonald's or to enter Chan Estates so I'm just wondering. Rask: There's no diesel fuel currently offered for sale on the premises. But there are things like Ryder trucks and so forth that use unleaded and I think those are probably the people we need to be most concerned with because they're not used to driving larger vehicles. _ Mancino: That's true. How tall is a Ryder truck? Rask: That I don't know. I would assume it would clear that with no problem. I would assume it would probably be within 13 feet. Farmakes: So do we have a standard of what that signage should be? _ Rask: The canopy signs? Mancino: Standard for canopy height or canopy sign? — Farmakes: Canopy height. Rask: No,nothing on. We have allowed signage. Farmakes: But if this is back lit,how is it any different than a monument sign? Except that it's on 212. Rask: Yeah,I believe that the height of a pylon in that district is 20 so we should still be below that. I don't think that existing pylon sign is that high. As part of the interpretation we get into the zoning ordinance has been,if you're going to do canopy signs,they're not going to be counted as wall signs and _ that was part of the agreement worked out with the applicant. That the existing wall signs would have to come down and no signage would be permitted on the building. So it would be kind of a trade-off there. Aanenson: The other trade-off for the variance was to mitigate that would be to enhance with landscape. — Farmakes: Thank you. No other questions. Mancino: Ivan,how tall is a Ryder truck? How tall are your Ryder trucks? Ivan Johnson: Most of them aren't over 13 feet,but they're right at 13 feet clear. I was just going to comment on how much of the truck traffic that we get. In the 15 years that I've been there,I've been Chanhassen's,would you say Visitor Center where we give directions to most of... It seems like every trucker or everybody that don't know where they're going,with all the new roads in Chanhassen and all the development and stuff,they come to the first gas station and find out where they're going. You know where _ 12 Planning Commission Meeting-August 7, 1996 to find it and so we do get a lot of trucks in there and a lot of trucks traveling through and I give a lot of directions and now McDonald's has a truck parking lot and a lot of trucks come in through and when they come in and ask,I have to direct them how they can get out of there so we do get a lot of trucks in there whether they're filling gas or not. Mancino: Okay. Well my comments are,first of all very good staff report. Brought up the issues that I'm concerned with and I feel somewhat caught in the middle meaning that I understand why you would like a canopy. I mean for customers who come in during rainy,wintry weather. They're wonderful to have some protection. On the other hand there are canopies that I've been under that you could perform surgery. I mean they are so lit up and so lighted that I wonder why they are. And so I have a concern for the neighbors. Obviously a concern of what they can see and I know that they have some screening right now. Right now some deciduous screening but they certainly don't have it for,well in Minnesota most people would say 6 months out of the year but maybe this year 10 months. So I'm concerned what they can see and how it will affect them too. So it's the business and the neighbors. I do support the recessed lighting part of it,and not having the lights come down underneath the canopy and I also think that that will help trucks backing up and having any problems under the canopy. Ivan I have another question. In some of the newer stations that have canopies,I've noticed that there is,what do I want to say,a loud speaker system and they have music or they have other things that are on very loud. I would be concerned about that because of the neighborhood. Ivan Johnson:Right,just to let neighborhood know,there will be,I think the only requirement is that we have a speaker out there so somebody can address us inside if there was a problem with a fire or something like that. There will be no music piped out or anything like that. Mancino: So you would have no problem with a condition saying that there will not be a loud speaker system? Ivan Johnson: No. Not at all. Just a speaker that is probably required by law. By the State law,and stuff like that. Mancino: Okay,thank you. Ivan Johnson: Can I ask just, is there any proposal that you know of for other lighting downtown in that area because there's hardly any street lighting down there and we think that there should be. Mancino: Not that I'm aware of. Dave,are you aware of any other lighting in that area? Ivan Johnson: I've been broken into 8 times in the last probably 14 years and the last time was Christmas night. You know,I don't know. It gets dark out there. We try to leave the building lights on and stuff like that just to premiere the building. Just to give it a little light around there. There didn't seem to be a lot of street lights in the first place. Mancino: Well,this will certainly help you. Larry Feldsein: Before you go on. Excuse me for interrupting but that is a State law for the intercom system and on the islands for self serve. You have to be able to communicate inside and outside so we have no problem with agreeing not to play. Mancino: Music and having the loud speaker system used. Thank you. So the height issue. I guess I would be in favor of splitting the difference and making it for 14 feet instead of 13. Rask: What he was asking for was 14'6". 13 Planning Commission Meeting-August 7, 1996 Mancino: Oh! He didn't split the difference. He went to 14'6". I guess I would be in favor of that. As long as we're sure that the perimeter candle,foot candles is measuring what's in our code and in our ordinance and everyone else has to follow. With that,may I have a motion please. Skubic: I make a motion,and I guess we have to start with the variance. Correct? Mancino: You can do it all at once. Skubic: Okay. I'll make a motion that the Planning Commission recommend approval of the site plan and variance subject to the plans dated July 5, 1996 subject to the following conditions, 1 through 6 as outlined by staff with exception to number 6 which shall read,the height of the canopy shall not exceed 17 feet,6 inches and I arrived at that from the 16 feet recommendation that staff had based on what I see in the elevation plan of a 3 foot depth to the canopy,which would leave you with an inside height of 14 feet 6 _ inches. Mancino: Would you accept a friendly amendment? Skubic: Yes. Mancino: And that is the addition of a recommendation number 7. That no outdoor speakers or music be _ played. Only what State law requests during operation hours. Is there a second? Peterson: Second. MIS Mancino: The motion has been moved and seconded. Is there any discussion? I just have one question. What are the hours of operation for your gas station Ivan? Ivan Johnson: During Monday through Friday we're from 6:30 in the morning to 10:00 at night. And then on Saturdays from 8:00 in the morning to 8:00 at night. Mancino: Then I'm assuming that when you close,that these lights will go out. — Ivan Johnson: Those lights...yeah. Mancino: Okay. Then let's make,if I can add another friendly amendment to the motion. And that is the motion,or recommendation number 8 and that is,the canopy lights will be extinguished,will stay on during hours of operation only. Skubic: I accept. Mancino: Thank you. Skubic moved,Peterson seconded that the Planning Commission recommend approval of the site plan and variance subject to the plans dated July 5,1996,subject to the following conditions: 1. Canopy lighting shall utilize a recessed fixture to reduce light trespass and glare. 2. The applicant shall prepare a photometric report using the point by point method,at the property line, _ measuring foot candles and reflective light. Light levels as measured at the property line shall not exceed one-half foot candle as measured at the property line. 3. The applicant shall submit a landscaping plan for the area adjacent to Highway 5. The plan should consist of a variety of shrubs and trees. Small berms may also be necessary to help screen the parking area. 14 _ Planning Commission Meeting-August 7, 1996 4. Signage shall be permitted on the north and east elevation of the canopy only. Wall signs on the building are prohibited. 5. All existing wall signs shall be removed from the building. 6. The height of the canopy shall not exceed 17 feet 6 inches. 7. The outdoor speakers are for State law requirements only. 8. The canopy lights can only be on during the hours of operation. All voted in favor and the motion carried. Mancino: When does this go to the City Council? Rask: It would be the 26`h of August. PUBLIC HEARING: PRELIMINARY PLAT APPROVAL TO SUBDIVIDE A 0.8 ACRE PARCEL INTO TWO LOTS ON PROPERTY ZONED RSF,RESIDENTIAL SINGLE FAMILY AND LOCATED ON THE CORNER OF LAKE LUCY ROAD AND SHADOW LANE,SHADOW RIDGE 2ND ADDITION, COFFMAN DEVELOPMENT. Public Present: Name Address Elizabeth Glaccum 1510 Lake Lucy Road Al Harvey 1430 Lake Lucy Road Bill Coffman 7409 West 112 Street,Bloomington John Rask presented the staff report on this item. Peterson: Point out exactly where the driveway is ending up being? In all probability. Rask: Right in this area here. Again,it's been located on the far north end of the property. Very close to where that wood fence is right now. Mancino: John,what trees are being preserved? I went over there and noticed that there's a nice,an Austrian pine and some Colorado Blue Spruce that kind of separate the two lots. Rask: Yeah,that is kind of difficult to tell based on information submitted. I did talk to the applicant today regarding this issue and he believes that they can save the large pines and I believe there's two spruce there now. They're fairly close to where the proposed house pad is but they do have an interest in trying to save those. They were not removing any more trees than what ordinance allows so there won't be any replacement of plantings required. The applicant is going to attempt to save those pine trees. We kind of questioned the location of them here. If that was truly accurate and without seeing where the lot was staked, it was kind of difficult to tell. Mancino: Okay. Thank you. Is the applicant here and do you wish to address the Planning Commission? Bill Cof man: Members of the Commission,my name is Bill Coffman of Coffman Development. With me tonight I have Al Harvey who has lived on this property for 31 years. Other than that I really don't have a presentation for you. I am available for any questions that you may have. 15 Planning Commission Meeting-August 7, 1996 Mancino: Any questions for Mr.Coffman at this time? So how close to those trees are you going to get? Bill Coffman: Fairly close. It is our intention to save them if at all possible. At this point we will do some _ of the site grading yet this fall but I think depending on what type of house is built on the property, hopefully it will be a two story which has a smaller house pad so we can fit it in. Because it is mutually advantageous for the new home being constructed as well as the existing home the Harveys live in now,that those trees are preserved. But I just can't say that those trees will definitely be preserved. We're going to do everything possible we can as...but we will definitely put up a fence. Mancino: Okay. It's a nice development. It's very nice. Thank you. May I have a motion and a second to _ open this up for a public hearing please? Peterson moved,Skubic seconded to open the public hearing. The public hearing was opened. Mancino: Thank you. Anyone here wishing to address the Planning Commission on this issue,please do so. Seeing none,may I have a motion and a second to close the public hearing. Peterson moved,Skubic seconded to close the public hearing. The public hearing was closed. Mancino: Thank you. Jeff. _ Farmakes: I have no comments on this. Mancino: Okay. Bob. — Skubic: No comments. Looks fine to me. Peterson: No comments. Mancino: Great. Don't have any comments either. It's hard to see people who have lived in Chanhassen for a long time moving and subdividing and going their ways but that's what happens. The only condition that I would like to add to this,because there will not be a development contract,and that is that I would like to make sure that the hours of construction for this,and then I'm sure it can be part of your development contract,is that the hours of construction are Monday through Friday, 7:00 to 7:00 and Saturday 9:00 to 5:00. It's very clear and that the developer knows that. May I have a motion please? Farmakes: I'll make a motion that the Planning Commission recommend approval of Preliminary Plat for Shadow Ridge 2 with the conditions as shown on the plat dated June 27`h '96 subject to the following conditions, 1 through 11. Having 8 deleted and 12 added that the hours of construction for Monday through Friday, 7:00 to 7:00,Saturday,9:00 to 5:00. Mancino: Is there a second? Peterson: Second. Mancino: It has been moved and seconded. Any discussion? Farmakes moved,Peterson seconded that the Planning Commission recommends approval of the _ preliminary plat for Shadow Ridge 2"d Addition as shown on the plat dated June 27, 1996,subject to the following conditions: 1. The existing home on Lot 1,Block 1 will be required to connect to City water once the well on the — property fails. 16 _ Planning Commission Meeting-August 7, 1996 2. Full park and trail fees shall be paid at the time of building permit approval in the amount in force at the time of building permit application. 3. The applicant and/or contractor shall notify the City upon encountering any existing drain tile on the site. The City will determine whether or not the drain tile can be abandoned or relocated. 4. All construction vehicles shall access the site at approved rock construction entrances only. Haul routes shall be pre-approved by the City. The applicant will be required to maintain haul routes and clean the streets of any dirt and mud accumulated from vehicles tracking. Any damage to City streets, curbs or other public facilities will be the responsibility of the applicant. 5. Erosion control measures shall be in place and maintained at all times until the site has been full restored,revegetated,and removal is authorized by the City. 6. All areas disturbed as a result of construction activities shall be immediately restored with disc- mulched seed,wood fiber blanket,or sod within two weeks of completion of each activity in accordance with the City's Best Management Practice Handbook. 7. Drainage swales shall be constructed along both the north and south sides of the proposed house to maintain stormwater runoff to the street(Shadow Lane). 8. The existing outbuildings and any septic system or wells on the site shall be abandoned in accordance with City and/or State codes. 9. The existing driveway along the westerly property line shall be abandoned. 10. Individual grading,drainage,tree removal and erosion control plans will be required by the City with building permit application for Lot 2. 11. The hours of construction are Monday through Friday,7:00 a.m.to 7:00 p.m.and Saturday 9:00 a.m.to 5:00 p.m. All voted in favor and the motion carried. PUBLIC HEARING: CONDITIONAL USE PERMIT TO ALLOW A 75' AMATEUR RADIO TOWER ON APPROXIMATELY 7 ACRES OF PROPERTY ZONED RR,RURAL RESIDENTIAL DISTRICT AND LOCATED AT 1225 HESSE FARM CIRCLE,JEFFREY MAY. Public Present: Name Address Bruce Rech 1180 Hesse Farm Karen Dee 1201 Hesse Farm Jeffrey May 1225 Hesse Farm Circle Sharmin Al-Jaff presented the staff report on this item. (The following discussion was poor quality on the tape.) 17 Planning Commission Meeting-August 7, 1996 Mancino: Thank you. Any questions? Do we,just out of the blue,do we have any other towers this tall in the City? Amateur radio operators. Do you know? Al-Jaff: Not to my knowledge. I'm not aware of any offhand. It's possible but I'm not aware of one. Mancino: Thank you. Farmakes: You started to shake your head. We do have other towers. Where are the other towers? Aanenson: There is one up,excuse me,off of TH 101 and Pleasant View... — Mancino: And what about that for a radio? Aanenson: It is a radio. Mancino: Thank you. Is the applicant here and do you wish to address the Planning Commission? Jeff May: I'm Jeff May. I live at 1225 Hesse Farm Circle. I want to thank staff for working with me on this... I just wanted to point out several things...regards to the second page. Page 2. If you go to the bottom of the page,it says there are three separate antennas present on the site. There is only one. Also on the next page,for your information. I did send letters to everyone...within 500 feet of my property line. I've only had one person call back and they were positive. The second thing that I would like... point out is on item 1. It says that nearest home is located over 220 feet. 116 Mancino: Excuse me,where are you? Jeff May: It's page 3 and it's general issuance standards. Number 1 on top of the page. It says Finding,the nearest homes are located over 220 feet from the proposed tower site. 220 feet is the distance from my own house. It's 600 feet from the tower site to the nearest. Mancino: From any adjacent...house? - Jeff May: Yes. That's the nearest house. On the next page. Item number 11. Will not depreciate property values. This tower is simply being moved from a different property that I had on 745 Pleasant View Road, which is 3 %2 acres. We were there for 8 years and there were no problems that I know of at that time. And so the tower height_.. Aanenson: That's the one I was speaking of. — Jeff May: Okay. This happens to be the same one. Mancino: Where was it there? Jeff May: Well you wouldn't see it very easily. It was up on top of the hill...yellow house. Mancino: The yellow house on the hill on Pleasant View... Jeff May: Now that tower was visible to some people...never any problems with it... _ Mancino: Thank you. Any questions from the commissioners? Okay,thank you. May I have a motion to open this for a public hearing and a second please. Farmakes moved,Skubic seconded to open the public hearing. The public hearing was opened. Mancino: Anyone wishing to address the Planning Commission. _ 18 Planning Commission Meeting-August 7, 1996 Bruce Rech: I'm Bruce Rech and I live on 1180 Hesse Farm Road... I've also discussed this matter with four other members who live out in that community...and all of us at the present time...what that's going to _ do to the character of land out there. We all moved out...open. It was mostly trees and houses and more of a development...and I do agree that it's possible on the lower part of the land... So I know there are at least five members of the neighborhood that are opposed to having...tower up in the neighborhood. People have worked hard to keep that a rural community... Mancino: Have you had the opportunity to walk over and look at the temporary one that's up at this point? Bruce Rech: Yes I have. Mancino: It is...from your property that's your concern. Bruce Rech: No...but as I said before... Mancino: ...most of them were deciduous and I thought there were some coniferous trees too but...and you also know that the City and the Planning Commission cannot enforce your Association's covenants... That the City does not have any legal rights...that is up to your association. Bruce Rech: ...the Association has a meeting on August the 19th and the...member of the community has...talk about it with their neighbors before being brought to the City planning to get approval... City Planning Commission rather than talking to your neighbors... Mancino: Well the motive also may have been to...I don't know. I'm certainly not that person so. Bruce Rech's comments could not be heard on the tape. Mancino: ...anyone else? Karen Dee's statement could not be heard on the tape. Mancino: Anyone else wishing to address the Planning Commission at this time? Jeff May: First of all,we've been on the... There's no attempt to avoid meeting... Secondly,I'm aware of the sensitivity. One of the reasons we picked this particular site was because...but also because of the fact that it is rural. Because of the fact that... If you would look at the application...you would see the number of photos taken. On photo number 2...and on the back it gives...That photograph was taken...trees. Right down the road you can barely see my house. Now when the trees cover...about 100 feet higher than that tower will be. And I would point out that... The site plan will give you a good idea as to the... Then if you go over to the sight line...and the way the tower is 75 feet high,it's actually 150...so I was concerned about the... I understand the concern that people have. That's why I went to... numerous satellite dishes. There are satellite dishes on the second story of the house... We're not proposing... Mancino: Thank you very much. Can I have a motion to close the public hearing and a second please. Farmakes moved,Skubic seconded to close the public hearing. The public hearing was closed. Mancino: Thank you. Jeff,comments. Jeff Farmakes' comments could not be understood from the tape. Mancino: So you're okay with the conditions...? Farmakes: Yes. 19 Planning Commission Meeting-August 7, 1996 Mancino: Okay,Bob. Skubic: ...staff recommendation. I appreciate the applicant... Mancino: Craig. Peterson: No additional comments. I concur that it will probably not be seen... Mancino: I also agree...conditional use permit...actually have a water tower near me so I just wanted to see what actually could be seen from the different properties and felt very comfortable that it won't be viewed from the other property owners because I know that...With that,can I have a motion and a second please? Skubic: I make a motion that the staff recommends,that the Planning Commission recommends approval of conditional use permit#96-4 as shown in the attached site plan and subject to the conditions 1 through 4. Mancino: Is there a second? Farmakes: I'll second it. Mancino: It's been moved and seconded. Is there any discussion? Skubic moved,Farmakes seconded that the Planning Commission recommend approval of Conditional Use Permit#96-4 as shown in the attached site plan,subject to the following conditions: 1. All existing towers/antennas shall be removed prior to installation of the proposed tower. _ 2. The tower shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code,as adopted and amended by the city. 3. Comply with Sec. 20-915 of the Zoning Ordinance. 4. Obtain all applicable State,County and City permits. _ All voted in favor and the motion carried. Mancino: The motion carries and this will go in front of the City Council on August 26t. Thank you. —' PUBLIC HEARING: _ AN INTERIM USE PERMIT AND WETLAND ALTERATION PERMIT REQUEST FOR A GRADING PROJECT TO CONSTRUCT A PLAY AREA AND PARKING LOT IN THE MINNEWASHTA REGIONAL PARK LOCATED ON HIGHWAY 41,APPROXIMATELY %2 MILE NORTH OF HIGHWAY 5,CARVER COUNTY. Public Present: Name Address Jack Mauritz 6930 Tecumseh Mike Liddicoat Chaska Sharmin Al-Jaff and Dave Hempel presented the staff report on this item. 20 Planning Commission Meeting-August 7, 1996 Mancino: Do we...anyone to get us a mylar as built for this? I thought it was a great idea but do we make everybody do that? Hempel: All the public improvement projects... Mancino: Thank you. Any questions for staff at this point? Is the applicant here and do you wish to make a presentation to the Planning Commission? Jack Mauritz: Madam Chair,my name is Jack Mauritz. I live at 6930 Tecumseh Lane in Chanhassen, however I'm not here as a Chanhassen resident. I have been requested by Mike Liddicoat,who is the Parks Director for Carver County...so we're here tonight. We have no prepared comments or anything like that. We will certainly try to answer any questions you may have. And I might point out before we get too far down the road that we are in agreement with the staff... It's a fairly complex project... Mancino: Thank you. Question... Your play area. What does that mean? What's a play area? Jack Mauritz: Active play area. Mancino: I...last night and I saw what I thought is a play area up here in the northern part. It's called a totlot. Jack Mauritz: Yes. There is,the park planners lately have been calling those play areas creative play areas or something in that nature. Basically it involves equipment. This play area as proposed is simply an open, unstructured play area for whatever games people using the park wish to... It is big enough so somebody _ can throw a frisbee. It's big enough so a pick-up game of softball could be organized. You will see,if you go there during the week,on the first part of this project the play area that was created is being extensively used for soccer by kids from Chanhassen. Evidently it's the one lot big enough to get a pretty good size group of kids to play soccer. And I suspect that the Chanhassen Athletic Association has their eye on Phase 2 as well. Mancino: Now,will there be lighting? Jack Mauritz: There is no...lighting. In fact there will not be diamonds. There will not be fences. All this kind of thing. The deal with the soccer people for example is that they may bring in their back stops and then they put some lines on the grass so they have boundaries. That's it. And they have no guaranteed access to that other than during the times that they... Here again the regional parks,this is not to provide the play areas. The tennis courts. Basketball courts. The lighted softball diamonds that ordinarily are in the realm of municipal park and recreation. These are rather more outdoor,nature oriented kinds of things,but _ recognizing that if a bunch of families go someplace for a picnic,the kids are certainly going to want a place where they can throw a frisbee around without...and also where they can get a pick-up game of basketball or volleyball,what have you and that's what it's for. Mancino: Now a question for you. And a couple others. How many trees are you taking down to do this project? _ Jack Mauritz: Madam Chair,that was the subject of discussion the first go around...and I think there's a little difference of opinion in the sense of,as far as mature,hardwood,long live trees that are on the site. We will take down none. There will be no maples,no oaks,no basswood,you know mature native trees... There will be some willows,some cottonwoods,some...and trees of that nature. Most of those are going to go,are actually along the edge of the existing wetland and they will probably go when the wetland is enlarged rather than as a result of the work that Will be done on the site. With the exception that there is a swale that runs through the center of the site that has half a dozen black willow,and...and cottonwoods and I can assure you that the minute that's left unattended,those trees are going to be back there. They're,as you know,very fast. I would guess that the average age of the trees that are going to go is less than 30 years. Since most of this site was in agricultural use about 30 years ago. 21 Planning Commission Meeting-August 7, 1996 Mancino: Yeah, I saw your reforestation area there. To make a new play area,did you survey the people who use the park and did they want this? How,why are you doing this I guess is what I'm asking. — Jack Mauritz: Well maybe Mike ought to answer that. Except I would point out as a preliminary that this is part of a planned development concept for the regional park that is in the approved master plan. And it was developed with wide public input in 1975. It has been revised a couple of times since then but essentially the development concept goes back to then. The reason we're doing it now is because we finally got the money from the Metropolitan Council to do it. It's taken a while to get those regional development dollars. I flush to say this. I used to work for the Metropolitan Council in the parks program but the priorities attached to park development in Carver County,where there's relatively small development,and the relatively small population. The pressure's not felt over at St.Paul like it is in downtown Minneapolis for instance. Mike Liddicoat: Madam Chair,members of the Commission.The play area was initially designed probably back in the 1975-76 time period by the Minnesota Environmental Science Foundation. We looked at all the uses at a regional park and they felt that that particular area of the park,being in agricultural...was one area that could be disturbed out of the whole area of the park where we would do the least amount of environment damage and would open up a large area where people would be able to use for field games like... At that time there was some calculations made as to how big those areas should be and it seemed as though,if the area was graded,it could accommodate,we were looking at probably two soccer fields in size. Other than that,that's pretty much how it was designed. Mancino: So that the master plan that was done in'75,that you still feel that the community support the need for the play area? In the 90's. Mike Liddicoat: Yes we do. If you put that up on there. We designed it a couple different ways so that we placed the play structure that you saw...and that will open that whole area up. You know that whole area for...parking,picnic shelter,and slow the traffic down is part of it. And it will have two distinct areas there. First phase which was done back in 1991,which is now as Jack mentioned,would be one distinct area. With a large parking lot that serves as overflow parking for the beach. And the second area down here, which...all those different activities together so the kids can play...so we feel it's a really good design and our commission,our Park Commission has looked at this for a number of years. Going back to probably 1988. This plan was approved back in 1991 and as Jack mentioned... Mancino: Any questions for Mike at this point? I just have two other comments and that is,just so you know has nothing to do with your plans here,and that is that I did notice that a lot of people were speeding. They were going pretty fast on some of those roads. Mike Liddicoat: That's a part of... Mancino: Yeah,I was surprised. Mike Liddicoat: A very important consideration of the Park Commission was to put those extra jogs in there. — Mancino: Good. The other thing that I noticed is there are a few places in the road where it has the washboard effect. And that's not real nice on those of us who were driving a Jeep or something. So I thought I'd pass that along too. Mike Liddicoat: That's someday. With proper financing from the Metropolitan Council,that we can make that road better. Put a new surface on it. Mancino: And the last comment. It is a lovely park. It is just wonderful to have it in our area and what I like is all the different areas in the park. I mean if you want to go to a trailhead and go to the marsh,you 22 — Planning Commission Meeting-August 7, 1996 — can do that. If you want to look at the new seedlings you have for reforestation,you can go there. If you want to go to the beach. I mean there's just a multitude of activities there and it's very,very nice. Mike Liddicoat: We really appreciate that and we'll be back with... Mancino: Thank you. Craig. — Peterson: No comments. Mancino:I'm sorry. Before we go ahead with comments,do I have a motion to open this for a public hearing and a second please? Skubic moved,Peterson seconded to open the public hearing. The public hearing was opened. — Mancino: Thank you.Anyone wishing to address the Planning Commission at this time? Seeing none,may I have a motion to close the public hearing,and a second please. Farmakes moved,Peterson seconded to close the public hearing. The public hearing was closed. Mancino: Thank you. Craig. — Peterson: My comments remain the same. Mancino: Thank you. Bob. — Skubic: I have no comments. Mancino: Jeff. Farmakes: Nothing. Mancino: Great. The only comment that I have,that I would like to see addressed in the recommendations — and that is that there be some sort of a sign out front so that people know,like if I'm going in to do some sort of a temporary sign telling people that there will be construction going on in this area. And maybe the location of the construction. The project completion time line. You know when it will be done so people — will know. And hours of operation for the construction portion of the site. When you'll have construction there because it's nice to know as you enter a park what's going on. Otherwise I have no other comments. May I have a motion please. — Farmakes: I'll make a motion. I have to fmd that part of my staff report. Al-Jaff: It's on page 13. Peterson: 12 actually. Farmakes: Bottom of 12. Mancino: Middle of 12. — Farmakes: There we go. It currently says City Council though. I recommend that the Planning Commission approve the Interim Use Permit#90-1 and Wetland Alteration Permit as shown on the plans for the grading project for a play area for Minnewashta Regional Park,subject to the following conditions 1 through 13. Now there are some modifications to 12. Mancino: The Interim Use Permit earthwork fees. 23 Planning Commission Meeting-August 7, 1996 Farmakes: Shall be waived. And two shall read,upon completion of the site grading,the applicant shall supply the City with a letter from the Project Engineer certifying that the grading plan has been completed _ in compliance with the approved plan. Mancino: And would you accept a friendly amendment? Farmakes: Sure. Mancino: And that would be number 14. That the applicant shall install a temporary sign at the entrance of _ the park for the general public's benefit providing the following information. A,the location of the construction area,B,project completion time line,and C,hours of operation for the construction portion of the site. Farmakes: That's fine. Mancino: Is there a second to the motion? Peterson: Second. Farmakes moved,Peterson seconded that the Planning Commission recommends approval of Interim Use Permit#90-1 and Wetland Alteration Permit as shown on the plans for a grading project for a play area for Minnewashta Regional Park and subject to the following conditions: WETLAND ALTERATION PERMIT 1. All areas disturbed as a result of construction activities shall be immediately restored with seed and disc-mulched or wood-fiber blanket or sod within two weeks of completion of each activity in accordance with the City's Best Management Practice Handbook. 2. Applicant will meet wetland rules and regulations as stated in Corps of Engineers section 404 permit, the State Wetland Conservation Act,and the City's Wetland Ordinance. Mitigation work shall be _ implemented prior to or concurrent with wetland fill activity in all phases of the project. 3. The applicant shall apply for and obtain permits from the appropriate regulatory agencies i.e. Minnesota Pollution Control Agency,Minnesota Department of Natural Resources,Army Corps of Engineers and Minnesota Department of Transportation and comply with their conditions of approval. 4. The proposed stormwater ponds must have side slopes of 10:1 for the first ten feet at the normal water -- level and no more than 3:1 thereafter or 4:1 throughout for safety purposes. INTERIM USE PERMIT 1. The applicant shall obtain and comply with all permit requirements of the DNR,Army Corps of Engineers,and MnDOT. 2. Upon completion of the site grading,the applicant shall supply the City with a letter from the Project Engineer certifying that the grading plan has been completed in compliance with the approved plan. 3. All site restoration and erosion control measures shall be in accordance with the City's Best Management Practice Handbook. A stockpile must be provided for the topsoil which will be respread on the site as soon as the excavation and site grading is completed. Topsoil and disc-mulched seeding shall be implemented immediately following the completion of the graded areas unless the City's Best -- Management Practice Handbook dictates otherwise. 24 Planning Commission Meeting-August 7, 1996 4. Noise levels stemming from the operation are not to exceed Minnesota PCA or EPA regulations. If the City determines that there is a problem,such tests shall be paid for by the applicant. 5. Hours of operation are limited to 7:00 a.m.to 6:00 p.m.,Monday through Friday,and 9:00 a.m.to 5:00 p.m.on Saturdays,and no work on national holidays or Sundays. 6. The applicant shall construct and maintain gravel construction entrances during the grading operation. 7. The applicant shall enter into an earthwork permit with the City to guarantee compliance with the Conditions of Approval.All grading work shall be completed by November 15, 1996. 8. All erosion control measures shall be installed prior to commencement of grading operations and be maintained until all disturbed areas have been fully restored. The applicant shall also be responsible for removal of all erosion control measures upon completion of site grading. The City Engineer will determine the appropriate time and authorize the applicant to remove the erosion control measures. 9. The applicant shall notify the City Engineer of all drainage tiles encountered during site grading. The City Engineer shall determine the appropriate abandonment or rerouting of all existing draintile systems. 10. Erosion control fence adjacent to wetlands shall be the City's Type III version. Rockfilter dikes shall be installed and maintained in the drainage swales until the site is revegetated. 11. Grading shall be prohibited within 10 feet of all wetlands. Erosion control fence shall be installed outside the 10 foot buffer except as indicated on the grading plans. 12. The Interim Use Permit earthwork fees shall be waived. 13. The grading should be revised as follows: a. All stormwater treatment basins shall be constructed with 4:1 side slopes or 3:1 with a 10:1 bench at the normal water level for the first one foot depth of water. b. The drainage culverts which are proposed to end at midslope need to be extended to discharge at the base of all slopes or at the normal water level in the ponding basins. c. Combine proposed drainage swales west of Parking Area No. 1 into one drainage swale. d. Add a sediment basin west of Parking Area No. 1,upstream of the culvert crossing the drive aisle at approximately midpoint of Parking Area No. 1. e. Detailed drainage ponding calculations for a 10 and 100 year storm event(24 hour duration) shall be submitted to city staff for review and approval to confirm pond and culvert sizing. 14. That the applicant shall install a temporary sign at the entrance of the park for the general public's benefit providing the following information. a. The location of the construction area. b. The project completion time line. d. Hours of operation for the construction portion of the site. All voted in favor and the motion carried. 25 Planning Commission Meeting-August 7, 1996 Mancino: And it will go in front of the City Council on August 26t. Thank you. NEW BUSINESS. Aanenson: Just to let you know. Tentatively we do have a full agenda next time. We'll have two discussions items too we want to bring to your attention. It will be kind of issue papers. One is on cellular _ towers. It's different than ham radio towers.With the deregulation of the industry,we're getting a significant amount of requests. Right now they're required to meet the underlying districts of the A2 or the industrial,which require for example in the industrial,one acre lot size. We've had requests for them to go, split out other portions of property,spacing requirements. It's a big issue so we want to bring that to your "' attention the ways that we want to address them in the Code. The other one is to bring you up to date on the new wetland law and how we'll be addressing that in the city ordinance. And then also we do have some other site plans and actually,three site plans and a subdivision. _ APPROVAL OF MINUTES: Farmakes noted the Minutes of the Planning Commission meeting dated July 17, 1996 as presented. CITY COUNCIL UPDATE: Aanenson: The City Council hasn't met since your last Planning Commission meeting. You met the last week and they actually had three breaks. Mancino: What is happening with Town and Country? Aanenson: It is scheduled for the 12`n Mancino: And it is going forward on the 12`n? Aanenson: Correct. Skubic: Is Villages on the Pond also going to appear on the 12th? Aanenson: Yes it is. It is a very large agenda. Peterson: Which is first? Aanenson: I believe Town and Country is after Villages. Mancino: Okay. We are going to be at the 12`h's meeting for Villages on the Pond. Can we both get the packet that the City Council gets for Villages on the Pond? Will it be any different than what we will get? _ Aanenson: Sure. Mancino: Just so if there are any questions. If there are any extra copies and obviously you know we have some. Aanenson: Who's turn is it to go? — Mancino: Who's turn is it? I don't know,I haven't looked. Aanenson: But you both are going to be attending? Mancino: And I look at my schedule...I will call you and let you know. 26 Planning Commission Meeting-August 7, 1996 Aanenson: Well I can check. ONGOING ITEMS. Peterson: When's Taco Bell opening up? Aanenson: As soon as they can find enough workers. Mancino: Open discussion. Aanenson: If you'd like at this point we can turn the taping portion of the Minutes. Mancino: By adjourning? Aanenson: Sure. Mancino: Okay. May I have a motion to adjourn the meeting? Peterson moved,Farmakes seconded to adjourn the meeting. All voted in favor and the motion carried. The meeting was adjourned at 10:00 p.m. Submitted by Kate Aanenson Planning Director Prepared by Nann Opheim 27 4 CITYOF CHANHASSEN 01•1 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Planning Commission FROM: John Rask, Planner I DATE: August 15, 1996 SUBJ: Issue Paper Regarding Wireless Telecommunication Towers and Facilities INTRODUCTION The City has received a number of requests from wireless telecommunication providers to locate towers, antennas, and other telecommunication facilities in the City. Currently, city code allows commercial communication towers in the IOP and A-2 Zoning Districts. Technological improvements and recent federal legislation has significantly changed the wireless telecommunication industry. Amendments to the City's Zoning Ordinance may be necessary to provide a reasonable opportunity for the creation and expansion of wireless telecommunications the City. The purpose of this report is to provide the Planning Commission with an overview of recent developments in the wireless telecommunication industry,recent technological improvements, and new federal policy and regulations concerning wireless telecommunications. A draft ordinance will be prepared and brought before the planning Commission in September. Several representatives of the telecommunication industry will most likely be present to discuss and provide input on the proposed ordinance. BACKGROUND In March 1995,the Federal Communication Commission(FCC)began to auction off 1,900 _ megahertz(MHz) of the radio spectrum to new license holders. The country was originally divided into 51 major trading areas with two licenses awarded in each. For this area, those licenses were purchased by Sprint Spectrum and American Portable Telecomm (APT). In May of this year, the FCC sold an additional license in each region and may sell even more in the future. This additional license was purchased by OneComm, who purchased Motorola's Wireless Telecommunications Issue Paper August 15, 1996 Page 2 Specialized Mobilized Radio (SMR) licenses to attach their enhanced system (ESMR) to the land — line telephone network. These licenses have been sold to provide the next generation digital wireless services commonly referred to as PCS (Personal Communication Services). Airtouch (formally US West New Vector Group) and AT&T Wireless (formally Cellular One) are two licensed providers who currently provide cellular services in the area. PCS technology is sometimes referred to as "follow-me calling"where calls are routed to a — person rather than a specific phone number, similar to a personal pager. PCS differs from cellular services in the technology and type of equipment used. PCS provides a higher degree of clarity using digital interfacing equipment. This allows for increased use by allowing for the — transmission of computer data, fax, video, etc. using wireless technology. Whereas, cellular and PCS have their advantages and disadvantages, they both rely on the use of antennas and low powered radio waves to transmit. The use of radio waves for transmission is referred to as a — "line of sight" signal, which means that there must be a clear pathway through the air between the transmitting and receiving antennas. The density of these antennas depends on topographic conditions and the number of users. — PCS technology will still be networked via cell sites similar to cellular services, but will operate at higher frequencies on the electromagnetic spectrum (1,850 to 2,200 MHz versus 800 to 900 — MHz). PCS utilizes a smaller radii than current cellular services. A smaller radii will require a higher density of tower and antennae sites, but antennas will be lower in height than traditional cellular towers. — Federal Telecommunications Act On January 31, 1996, Congress passed the Telecommunication Reform Act of 1996 which opened additional portions of the radio spectrum for PCS licenses. The cellular industry lobbied — hard for federal preemption of local siting powers. Language was originally included in the Act which prohibited cities from regulating telecommunication facilities, but was removed shortly before passage. However, the Act contains language which limits the extent in which local — governments can regulate telecommunications towers. Section 704 (Facilities Siting; Radio Frequency Emission Standards)prevents local zoning authorities from arbitrarily banning telecommunication towers. The Act reads as follows, "Except as provided(herein), nothing in this act shall limit or affect the authority of a State of local government or instrumentality thereof over decisions regarding the placement, construction, and modification of personal wireless service facilities. " The Act basically places three limitations on local zoning controls: — 1) cities may not"unreasonably discriminate among providers of functionally equivalent services,"2) cities may not "prohibit or have the effect of prohibiting the provision of personal wireless services,"and 3) cities may not regulate personal wireless services "on the basis of the — environmental effects of radio frequency emission to the extent that such facilities comply with the (FCC's) regulations concerning such emissions." Wireless Telecommunications Issue Paper August 15, 1996 Page 3 EXISITNG ORDINANCE PROVISIONS The City's Zoning Ordinance allows commercial communication towers in the IOP and A-2 Districts as a conditional use. Section 20-256. Commercial Communication Transmission Towers states that, "towers not designed to collapse progressively shall be set back from all property lines a minimum distance equal to the height of the tower." No other provisions or standards are provided for telecommunication facilities. Under our current ordinance, a tower or antennae must be located on a separate parcel of land void of another principal use. In the IOP district,a one acre parcel would be required to locate a tower or antennae. The A-2 district would require a 2.5 acre parcel. The telecommunication industry appears to prefer locating antennas on existing buildings or erecting towers on property which contains an existing building, such as property currently used for office, industrial or commercial purposes. It is questionable whether requiring a tower to be located on a separate parcel is the most efficient use of land in the city. There may be locations in the city where it would make more sense to locate an antenna on an existing building, or construct a tower behind a building to help screen the tower. With the likely proliferation of antennae and towers in the City, standards consistent with the Federal Telecommunications Act will need to be adopted which protect public safety while minimizing impacts on surrounding properties. CONSIDERATIONS FOR ORDINANCE AMENDMENT In preparing a draft ordinance, staff has examined the following goals: 1. Reduce the number of towers through co-location requirements. (The city has the authority to require wireless communication providers to share tower space by erecting multiple antennas on a single tower if feasible). 2. Ensure that telecommunication facilities and towers do not adversely impact public safety. 3. Require tower and antennae locations and designs which minimize visual impacts on adjacent 77 properties. _ — _ _ . 4. Update city ordinances to be in conformance with federal requirements. 5. Determine which zoning districts are most suitable for telecommunication facilities. Wireless Telecommunications Issue Paper August 15, 1996 Page 4 Staff will consider the following standards when drafting the ordinance: — • Purpose and Intent Statement • Revised definitions • Co-location requirements • Height limits, including bonuses for Co-location • Setbacks — • Landscaping and screening • Lot requirements • Accessory Structures — • Lighting • Security Requirements — • Maintenance • Building Code Requirements (tower and roof-mounted antennas) • Rules to prevent interference with public safety telecommunications — STATEMENT OF POLICY ON CITY OWNED LAND The City has been approached on several occasions concerning the use of city property for wireless telecommunication facilities. Water towers are common locations for antennas if they are in a location which meets the providers need. Locating on a water tower may be less — intrusive to surrounding properties in some instances then erecting a free standing antennae, and would provide a revenue source to the City. Other possibilities include tall lighting fixtures on City property, such as a ball diamond lights in parks. If the City is going to permit — telecommunication equipment on city property, a policy statement should be adopted by the City Council. The policy statement should be drafted concurrently with any ordinance revisions to ensure consistency. A formally adopted policy will ensure that the City is protected and that — requests from competing providers are handled on a consistent basis. CONCLUSION — The purpose of this report is to familiarize the Planning Commission with wireless telecommunication technology and laws. An informal presentation will be given during Open Discussion at the next Planning Commission meeting.. Staff is requesting that the Planning Commission provide input and give direction on how to proceed with the ordinance — amendments. Staff anticipates having a draft ordinance completed in September or early October. ATTACHMENTS 1. Memo from LMC to City Managers — Wireless Telecommunications Issue Paper August 15, 1996 Page 5 2. Letter to Chanhassen City Council from the TEA Group 3. Zoning News April, 1996 — 4. Bloomington City Council Policy Statement Regarding the Use of City Owner Land 5. Antenna study provided by the City of Saint Paul 6. Burnsville Zoning Ordinance concerning Towers and Antennas L L L L L _._ ,_____;______ -::.-___.,. __-,- . . ._ _ L _ _________ _ ______ _ , . _ ____________ . _._._._ _.L.„______-_____ .....____________;____ .___________„_..„ .,....„__.:„._•________„,__.,.,._„,_:______,_.___„_;_:::„.:__.:,:•________ __:.„_„•,_____, ._ ., _•__ _ L • . ____,L L L /0(.-145 University Avenue West, St. Paul, MN 55103-2044 League of Minnesota CitiesPhone: (612) 281-1200 • (800) 9254122 — 11„.,7 1\ Cities promoting excellence LMC J Fax: (612) 281-1299 • TDD (612) 281-1290 July 3, 1996 TO: City Managers, Administrators, and Clerks RECEIVED _ FROM: Stanley Peskar, General Counsel JUL 0 8 1996 Ann Higgins, IGR Representative CITY OF CHANHASSEN RE: Recommendations on Zoning for Wireless Telecommunications Towers and Antennas Contents of Memorandum This memorandum contains the text of wireless communications antenna and tower siting and zoning provisions adopted by the City of Bloomington and under consideration by the City — of Rosemount. It also contains comment and sample provisions(examples) derived from a variety of municipal ordinances. Language is set out to provide additional items for — consideration by staff responsible for drafting revisions to current zoning ordinances. The memorandum also includes a model policy statement. Development of such a formal position by your city may be helpful to staff in preparing appropriate amendments to local zoning — regulations as well as to provide city council views on priorities to be considered in drafting personal communications services (PCS) site leases for towers and facilities to be located on land or structures which the city owns or controls. — Moratorium The city should consider adopting a moratorium on the siting of new wireless — telecommunications towers and antennas only after close consultation with the city attorney. The federal Telecommunications Act of 1996 bars cities from actions that prohibit or have the effect of prohibiting provision of personal wireless services(including PCS). An unduly lengthy — moratorium or one enacted for improper purposes may represent a temporary barrier; therefore, advisors should review relevant challenges to other city moratoria on the basis of the new federal law. Though a sample ordinance is included, if cities have the opportunity to proceed prior to — immediate requests for siting, many may have sufficient time to plan for new antenna and tower siting without the necessity of adopting a formal moratorium. — Amateur Radio Towers --- >w __. When drafting the ordinance, give some thought to whether the city wants to cover — amateur radio towers. According to FCC rules, local regulation of placement, screening and height based on health, safety or aesthetics must reasonably accommodate amateur communications and provide minimum practical regulation to protect the city's legitimate — communications needs while setting forth minimum practical regulation to accomplish the city's legitimate purposes. Though there is no definitive binding rule of law,the one case brought to date in the — Eighth Federal District Court circuit, Pentel v. City of Mendota Heights (1994), the court AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER overturned the city's denial of a 68-foot radio tower. The city attorney should closely coordinate zoning regulation of amateur radio towers with FCC regulations and applicable case law. Inventory of Current Tower Sites Cities should compile an inventory of all towers now located within municipal boundaries to identify potential sites for co-location of new facilities as well as to examine the impact cf proposed zoning changes on creation of non-conforming tower sites and to more carefully determine the types of towers and locations the city wants.to encourage or discourage. The inventory should include information about the address, owner, user(s),height, style, zoning district and a photograph of each tower or antenna. The city should also prepare a map showing the location of current towers. Towers to be inventoried should include those mounted on building walls and located on roofs. Regulation of EMF The federal Telecommunications Act of 1996 § 704 prohibits state and local regulation on the basis of electro-magnetic frequency(EMF)emissions if the facilities meet FCC regulatory standards regarding such emissions. Regulation of Satellite Dishes The FCC has exclusive jurisdiction over direct-to-home satellite services: §303. Thus, local ordinances may not prohibit or regulate earth station antenna(satellite dishes) of one meter or less in all areas and two meters or less in commercial areas. Newly adopted FCC rules (that are being challenged by the National League of Cities)pre-empt local regulations except when cities successfully petition the FCC to allow local regulation of the installation or location of these satellite dishes on the basis of proof that local regulation is necessary to protect health and safety. The FCC has also proposed new rules that pre-empt any local requirements affecting placement of TV antenna and multi point distribution services (MMDS) reception services. LMC Zoning Work Group The League wishes to thank members of the Zoning Work Group who contributed to the outline and information included in this memorandum. They are: Curt Gutoske, Planner, Cottage Grove L Glen Markegard, Associate Planner, Bloomington Dean Lotter, Administrative Intern,Rosemount Craig Dawson, Assistant City Manager, Maplewood Bill DeBlon, Community Development Coordinator, Robbinsdale = Edward Burrell,Finance Director,Roseville - -"" - Bob Museus, City Administrator,Hugo • } Charles Grawe,Administrative Assistant,Apple Valley L Mary Moga, Planning/Administrative Intern,Bayport John Burbank, Associate Planner, Cottage Grove Gary Berg, Senior Planner, Woodbury L L 1111 July 30, 1996 1;42 Chanhassen City Council TEA 690 Coultier Drive Chanhassen, Minnesota 55317 GROUP RECEIVED INCORPORATED - RE: Proposed PCS Development AUG 0 2 RECD Dear City Council Members, CITY OF Gh-iruvne tiN The TEA Group, Inc. is representing American Portable Telecom (APT), one of the new — PCS carriers in the Twin Cities. Because of the many questions and speculation that has arisen I have decided to address the Chanhassen City Council through this letter. It is my hope that this outline will help you to understand a little bit better as to what is happening — in our community and why. The Beginning — Not since Marconi transmitted his voice over wire a century ago has there been such a — drastic development in communication. Consider the following; • Ten years ago wireless telephones barely existed. _ • Five years ago cellular phones would be found mostly in the automobile, mostly for the purpose of conducting business. However,just as falling prices and astonishing technology ignited the personal computer market in the early 90's, so have the same factors effected the cellular phone market. This shattering growth is represented by no less than 45 million cellular customers in the United States today. Even more astounding is the estimated 1,000,000 cellular phone calls that get cut off each day! And this only represents 2% of the total daily calls. — Who was first? PCS or FCC? The dilemma facing the American Consumer and the FCC became quickly apparent. The FCC's desire was to have the technology and a workable system available to everyone at _ a cost affordable to most. Yet, the current technology could not handle the present The FCC's solution was to open the cellular market to competition, thus creating better technology and more competitive pricing. As a direct result, Personal Communications Services(PCS) technology became available through the Federal Communications Commission(FCC) allocation of a specific portion 1040 Crown Pointe Parkway • Suite 800 •Atlanta, Georgia 30338 • (770) 481-2100 • Fax (770) 481-2150 — - ■ • of the radio spectrum for the allocation of PCS licenses. This range is within 1850 to 1990 MHz. PCS technology combines voice data services using digital interfacing equipment. This facilitates a higher degree of clarity in the transmissions combined with a much higher volume of calls than analog cellular can handle. PCS will give users more telecommunications features to satisfy their needs. These needs currently include; pagers, voice mail, e-mail, facsimile transmissions, computer data, and video transmission. Enter the Auction and Digital Technology These two factors helped turn the corner: 1. The FCC auction of a substantial portion of the radio spectrum for the PCS network. _ 2. The development of digital radio transmission, which moves voice and data communications as a packet of computer data, compared with regular two-way radio transmission which is the analog method. How does it work? PCS works much like cellular technology. Both use antennas and low powered radio waves to transmit. The entire communications network for the Twin Cities is divided into small geographic cel much like a honeycomb. The size of these cells vary depending on demographics and geographical settings. At the center of these cells is a transceiver station( equipment that can transmit and _ receive radio communications). This Base Transceiver Station(BTS) consists of antennas, transmitters, receivers, and other equipment necessary to support the communication between the cellular phone and the wired network system. This network is generally referred to as a fixed network meaning that all cell locations are in place indefinitely. If for some reason one of these cells is removed,the whole network will be effected. The result would be the possible addition of more BTS to facilitate the loss. ■ • Equipment used in PCS sites — The equipment for these base sites can be broken down into three parts;the transceiver equipment package, the antennas, and the structure for placement of the antennas. The transceiver equipment is enclosed in a prefabricated equipment shelter measuring — approximately 5' high x 3' wide x 3' deep and will be located next to the tower. Typically these weather-proof, self-contained equipment cabinets are connected to the antennas by 1 5/8" cable(each antenna requires one cable run). The communications equipment — requires 100 amp, 220 volt, single phase electrical service. The antenna are generally placed on a 3 sided array of up to 3 directional antennas per — side. These directional antennas measure about 6' high by 6" wide by 2"deep and weigh approximately 12 pounds each. This leaves us with the structure upon which the antennas will be located. Like everyone else, it is our position to abate and mitigate the construction of towers. Because of this our site selection process first focuses on any existing structure(water tower, rooftop, — etc.)that is within the search ring of that individual cell. If a structure exists, it will be structurally analyzed, and the owner will be contacted to negotiate a feasible site agreement. — If no existing site is available, then it will become necessary to construct a tower. These towers can usually be depicted as self supporting monopoles, or a more sturdy lattice — tower. For our needs we generally require a height of 130 feet. Why here, and who will use it? — Wireless communications (cellular phones) were initially used for business and typically located in automobiles. Because of this, most of the antennas for wireless — communications have been found in the vicinity of high volume traffic corridor. However, now that the cost of the cellular phones and PCS has dropped drastically there — has been, and will be a dramatic shift from the business consumer to the personal consumer. In fact, it is viewed by many sources that PCS will eventually replace the — typical land line telephone. And to get the best possible service, the focus of the Base Transceiver Sites will require locations closer to residential users in addition to the automobile users. — • As important as the convenience and efficiency that PCS will provide to everyone, the question will always arise, "I won't use it, and I don't want it in my community!" To answer this, one needs to imagine the following scenarios: - Police are at a location where illegal activity is observed. They need to gain access to the building now! With this technology, a search warrant can be produced immediately without leaving the scene. - On route to a fire, blueprints and other pertinent data of the building on fire can be immediately faxed to the firefighters on route. This will help them fight the fire quicker, more efficiently, and safer. - A loved one has just fallen gravely ill at home. The emergency medics are there monitoring vital signs and simultaneously transmitting them to the local emergency rooms, for an immediate analysis. More significantly, they will be able to transmit video of the patient, for an even more accurate diagnosis, to any specialist in the world! What about Health Concerns? The Federal Government has determined that PCS facilities in compliance with FCC emission regulations do not pose a hazard to the public safety. And as outlined in the Telecommunications Act of 1996, has relieved local zoning authorities of that burden of determination. — We are all exposed daily to radio waves from such sources as television stations, radio stations, police and fire department communications and any two way radio communications. The frequencies of PCS, when compared to the entire electromagnetic spectrum, are very similar to these sources. The Federal Governments Position Not withstanding the fact that the Federal Government has raised over$15 BILLION in the auction of the PCS spectrum, there is an obvious and strong interest to get PCS developed, and to get it developed now! The Telecommunications Act of 1996, 'which was overwhelmingly signed by both parties of the Congress, calls for State and local zoning authorities and municipalities to cooperate in the development of PCS as needed. Specifically, this act adopts for the first ■ • time significant limitations on the rights of states and localities to regulate placement, construction and modification of wireless facilities. — Development in Chanhassen Currently we have one site under contract on the eastern boundary of Chanhassen. This site is within a BH(Business Highway) zone. As of today, this appears to be the only site that will be developed. However, requirements for full coverage may change and"fill in" sites for peak coverage will almost assuredly be needed. These sites, however may be on — a smaller scale and will not need the height that is required as on the first site. PCS is not available in the Twin Cities yet. However, the network is being put in place and service is scheduled for our community during the first part of 1997. The future of communications is coming. If there are any questions, of any further — information that may be required please do not hesitate to contact me. Sincerely, The A Group, Inc. — II, — even Mani 404-0175 1 1 1 APRIL 1996 ..... ZONINCliVe1115 AMERICAN Ili PLANNING ASSOCIATION Cellular Facilities: A Survey cannot allow one carrier and exclude another,but it also • • acknowledges their right to determine the criteria for siting of Current Zoning Practices cellular facilities.However,it also bars state and local governments from regulating such facilities"on the basis of the By Michelle Gregory with Douglas Martin environmental effects of radio frequency emissions to the extent that such facilities comply"with FCC regulations. Iast June,Zoning News reported on guidelines for siting The cellular industry lobbied hard for federal preemption of cellular towers("Local Planning Issues in Siting Cellular local siting powers. Its argument for federal preemption focused Towers").The article was based on a handful of ordinances and on efficiency:Given the imminent proliferation of cellular reports we were able to gather from communities that had phones,pagers,and other emerging PCS technology,all driven experience with the issues surrounding cellular towers and by an unrelenting consumer demand,the nation would be — antennas. Since then,the number of applications submitted to better served by national standardization of facility siting local governments has mushroomed to meet consumer demand requirements.Advocates claimed such standardization would for various forms of cellular communications technology.To drastically reduce the amount of time necessary to establish cells find out how they are handling this challenge,APA cooperated throughout the country. - with the National League of Cities,the U.S. Conference of Cellular industry Mayors,the National Association of Counties,and the National lobbyists will now shift Organization of Telecommunications Officers and Advisors to al in their deregulation — survey their member governments concerning their cellular campaign to state facility siting policies,problems,and practices. legislatures. In Vermont, Telecommunica - proposed legislation Evolving Technology Reform Act of 1996 would require local — Currently,the most widely used technology is cellular phonesgovernments to make and paging devices. But since March 1995,the Federal • • . Section 704 . . • reasonable provision for Communications Commission(FCC)has auctioned off 1,900 effectively says t - cellular carrier transmis- — megahertz(MHz)of the radio spectrum to new license holders. local governments sion facilities or treat — The country has been divided into 51 major trading areas,with 14 them as a conditional use two licenses awarded in each.With more competition and more cannot allow one p F. in any district,in effect money for research and development,the industry pioneers carrier and exclude forcing communities that — promise even greater communication opportunities. another, but it also have not yet dealt with Futuristic television commercials depict an"Ameritech test acknowledges t eir the issue to develop the town"where customers in a diner try to eat lunch while fiddling appropriate provisions. ;right to determi with various personal communication system(PCS) devices. Although PCS — PCS operates on the notion of"follow-me calling,"wherein the criteria for,s ting technology and the laws communication is routed to an individual rather than a tel uIa 1 ciliti '', regulating it are obviously telephone number via a more sophisticated version of the pager. moving targets,APA has The receiving end of the system,however,will likely be a voice tried to gather information on current practices for siting - transmission device,a fax,a video screen,or a database instead facilities and on future plans by the industry for making them of a simple beeper.PCS technology will still be networked via less visually obtrusive and difficult to accommodate.This issue cell sites but will operate at higher frequencies on the of Zoning News is intended as a timely update and companion electromagnetic spectrum(1,850 to 2,200 MHz versus 800 to document to the June 1995 article,which remains a good 900 MHz)and will have smaller radii than current technology. primer on the basics of cellular communications technology and Industry analysts say the Ameritech advertising fantasy is not far the issues planners face. off.They estimate that more than 15,000 cellular towers have been built in rhe U.S.in the last 14 years to meet the service . -- Evolving Practice - requirements of more than 25 million customers.They estimate Often,it seems,the cellular industry's own consumers have been that by 2003 there will be 167 million PCS users,with at least among those who object to the visual pollution and perceived 100,000 cellular towers needed to accommodate this growth. electromagnetic pollution that accompanies cellular transmission facilities.This irony poses a complex problem for planning and Evolving Law zoning professionals.Successful cellular communication can On January 31,Congress passed the long-debated occur only where there is an adequate network of communication Telecommunications Reform Act of 1996,opening even more cells webbed together by their nuclei,the transmission antennas. portions of the radio spectrum for PCS licenses. Section 704 Industry representatives say the cells cannot be installed fast (Facilities Siting; Radio Frequency Emission Standards) enough and that local governments'site plan review and approval prevents local zoning authorities from arbitrarily banning procedures are log-jamming the telecommunications revolution. — cellular towers.The act effectively says local governments They also su l4:est that,as the nation continues to shift from wired to wireless communication options,communities will fact that some respondents included in their standing count experience an increase in the concentration of state-of-the-art towers erected prior to the existence of any approval process. transmitting cells,allegedly resulting in a proportional decrease in the height of the towers that support them and a shift toward CELLULAR TOWER SITING ACTIVITIES more building-mounted antennas.This may be true for urban __— ( st 1 ) areas,which have the requisite density for this to happen,but the 700Apphartions — rural landscape will always lack the tall buildings that can serve as 600 — — ❑Received support devices. 500 — -Kg Appimtie•s • "` Appro In any event,until the design of these facilities improves,the 400 — — +'+ __ d cellular tower and its accompanying antennas remain locally 300 —____ __ , _■ .tions +o+ Denied unwanted land uses.Residents have always resisted 200 +++ _ +++ __ +�, - _ ;'; - — Towers communications towers of any kind in their neighborhoods, loo__ +++ :,' •;: _ +++ _■cor.ntg viewing them as visually disruptive. Furthermore,towers and0 `+' '•' the communication devices they support emit non-ionizing Towns/Cities Giles Cities over Counties under with Zoo* electromagnetic fields,a source of significant health concerns. 50000 S5o 000-eeo 200�� Authority Whether hazardous to human health or not, these uses bear the 200,000 _ perception of danger,which threatens adjacent property values 5.Approximately how long does the application review and quality of life.Towers have also been known to topple in process take?(from submission to final approval): bad weather.The public's eagerness to embrace cellular _2-4 weeks _1 2 months —3 months hs _ _ technology is not accompanied by a willingness to accept its 6+ months. environmental drawbacks. Total responses:205. With those challenges in mind, the survey's purpose was threefold.Our first priority was to determine whether local PROCESSING TIME governments unduly block the siting of cellular towers and, (Question 5) thus, the development of the"information skyway system."Our +.- - second was to determine how local governments felt about the 60% ++ local siting preemption because we needed to ensure their 50% ;+ -- -- --- ++ MEM interests were represented in Washington. Finally,we wanted to 40% +; 4 ---- i+++, - ❑2 to 4 Weeks ++ +• 4 +•+'... M 1 to 2 Mouths collect information on local siting policies to assist local 30% ++ +I ++ - ++•+ •' '• '• '+'« - E 3 to 6 Months governments in the review of future cellular tower and PCS 20% •' '* +« + ++ --++ ++ ++ +++2 *++tt: ■Over 6 Months facility applications. tont. ++• %«. *+r' —+++' We distributed the survey in mid-September to jurisdictions 0% x� ++ li •- '+'- -_ : - 8.Does your community encourage or require tower sharing to 12.What(if any) are your community's cellular tower the extent that it is technically feasible? Yes _No requirements for the following: Total Responses: 199. 154 (77%) replied that they require or Height(total responses:112).Most commonly,height encourage tower sharing to the extent that it is technically limitations were a function of the district the tower was to feasible.45 (23%) replied they did not. be located in or the density of existing development. For 9.Would you support or oppose federal preemption of local building-mounted antennas, the height added to a host cellular tower siting standards?_Support _Oppose.— building was also limited in this way. In many Total Responses:212. 13 (6%)said they would support communities, maximum height was a function of the federal preemption, while 199 (94%) said they would oppose it. setback possible on the lot, regardless of the district or the density.These tower-specific height standards were tied to 10.What were the reasons for denial of cellular tower the setback to protect adjacent property or property applications? owners from damage that could be caused by a fallen Total Responses:19. Every respondent listed strong tower. Height restrictions in communities that reported opposition from adjacent residential or business property these in feet ranged from 30 to 320 feet. In some owners as the reason for denial. communities where communitywide height restrictions 11. How would you describe the feasibility of cellular tower were intended to maintain a small or quaint scale of building development, towers had been exempted. In siting within your community? Total Responses:153. Because the responses were anecdotal, other cases, they were allowed to exceed standard height limits only with a variance or special use permit. Finally, - we read them and assigned each one a feasibility rating. some communities' tower heights were contingent upon Not very feasible:36 (24%) qualified as having"not very Federal Aviation Administration (FAA) approval,because feasible" tower siting environments.Among the circum- towers would be located near airports or flight paths. stances we found CO be recurrent in this category were: Setback(total responses:131).The most common • intense public opposition to visual pollution formula for setback was a percentage of the tower height. • intense public opposition to health risks associated The most conservative setback reported was 100 percent with cellular technology of tower height plus an arbitrary additional distance(such • presence of an environmentally sensitive area or scenic as 10 or 20 feet for insurance) from the nearest property overlay district line or street.The intent was to protect adjacent property ■ technically not approvable due to outdated regulations from damage in the event of a fallen tower, but it should — • no land available for towers,can locate antennas only be noted that some towers are designed to collapse within on existing buildings themselves rather than topple forward. In most cases, the • multiple reviews and approvals required by different setback was based on the district's requirements. One reviewing bodies respondent had no setback requirements because towers were allowed only on public property such as municipal • permitted in industrial districts only golf courses or utility easements.Another had no setback • request for tower too close to an airport environment requirement for the individual lot, but did require spacing — Feasible: 58 (38%) qualified as having feasible tower of 300 feet from the nearest residential dwelling. siting environments. Recurrent comments: Landscaping and Screening(total responses:95).The • towers allowed in some but not all districts most common response was a requirement for • regulations were still in the process of being updated to landscaping around the base of the structure,with a accommodate cellular technology height and depth specified for vegetation.Another ■ increasing public acceptance common response was that landscaping be required for the area fronting residential or commercial property or • favorable environment if zoning for location is met streets. Some places required landscaping only for towers • favorable environment but prefer rooftop installation locating in residential districts. Others required and co-location on existing towers landscaping standards to be determined by a ZBA or a • favorable environment if tower is designed to"blend" design review board.A few required the landscaping of a with its surroundings percentage of the total lot area. For those that had ■ must meet landscape requirements for the site communitywide landscaping ordinances or guidelines in • favorable environment everywhere except residential areas place,very specific details(such as shrub type and planting methodology)were listed.A few communities applied tree Very Feasible: 59 (39%)qualified as having very feasible planting requirements such as"one six-foot tree for every siting environments. Recurrent comments: 40 feet of frontage"or"street trees required." • recently amended regulations to accommodate cellular As for nonvegetative screening, most places again — technology required some form of screening around the base of ■ easy as long as site is aesthetically compatible towers, in addition to planting. Specific descriptions • good relationship with cellular carrier included: brick masonry walls,chain link fences,solid — • little or no public opposition has been expressed wood fences,opaque barriers,and berm.Some communities reported landscaping or screening height • proposal and site plan in line with local standards/ requirements.These ranged from four to 24 feet. land-use controls A more flexible but vague approach, reported — • proposing party respects local concerns frequently,was to require that landscaping be done in a 3 way that would be compatible with the surrounding materials as the principal use. In other words, if a tower character,buildings,or landscape. and its associated equipment box or building were an — Lot Requirements(total responses:69).Most lot size accessory use to an office building made of red brick,the requirements were determined by the minimum lot size equipment facility would also have to be constructed from allowed for whatever zoning district the tower would be red brick.Two respondents listed provisions for accessory — built in.In actual numbers,they were reported in either structures to rooftop antennas.They required that the structures blend in with the building's aesthetic properties square footage or acreage.The smallest lot size reported was 5,000 square feet,and the largest was 10 acres.The and not exceed the specific height limits. other common method for determining lot size was to Lighting(total responses:59).The most common response - make it a function of tower height.Again,the tower- was the need for lighting to meet FAA or FCC toppling factor is the primary justification for using this requirements.The other common requirement was that method.We speculate that concern over the proximity of any lighting not result in glare on adjacent property,most _ adjacent uses to an EMF source may also have been a notably residential property.Some respondents described reason for the larger lot sizes,but nobody reported this. their provision as"basic security lighting only."A few specified the use of red lights at night and white strobe Other Resources for Planners lighting during the day.Others required that lighting be shielded during the day or because of a scenic overlay APA's Cellular Facilities Reference Packet;a compilation of district.Some places specified that lighting could not be literature and ordinances,is available to Planning placed above a certain height,such as 15 or 20 feet.One Advisory Service subscribers free of charge;$50 for community specified no flashing lights.The most unusual — nonsubscribers. requirement was that lighting meet the standards of the Health Effects of Low Frequency Electric and Magnetic Fields, city's"dark sky ordinance." (For more information on Oak Ridge Associated Universities, 1992. such ordinances,see"Shedding Light on the Urban _ "Implementation of the New Telecommunications Bill," Landscape,"October 1995.) tape of session at National Association of Counties (NACO)legislative conference,March 3, 1996. Other Security Requirements(total responses:44').Almost Available from Recorded Resources,Inc.,8205 R Clover all responses described some type of fencing requirement. Leaf Drive,Millersville,MD 21108(410-969-TAPE). Some places specified"climb-proof"fencing,while others — Cost:$8 plus$2 shipping,check or money order. specified fencing height or material such as brick,chain- Reference#96-10,tape 7. link,or barbed wire.One community expressly prohibited Surviving the Telecommunications Act:What Local the use of barbed wire while another allowed it with a — Government Professional Need to Know;International conditional use permit.A few left security considerations City/County Managers Association and Government up to the discretion of the applicant,and one required Technology host a Telecommunications Bill Workshop, conditional approval by a design review board. May 14, 1996.Hyatt Regency Hotel,Sacramento, — California.(202-289-4262). Maintenance(total responses:41).Most of the "Telecommunications Act of 1996—What It Means to maintenance requirements amounted to removing the Your City?",tape of session at National League of Cities tower and related facilities upon their abandonment, (NLC)conference,March 10, 1996,available from obsolescence,or cessation of use.The grace period for — National League of Cities(703-549-7334).Cost:$12 removal ranged from 90 days to one year.Some plus$2 for shipping.Reference#1119-96,tape 26. communities mentioned they had entered into special Wireless Communications Facilities Issues Paper,San Diego maintenance agreements with the owners.Among the Association of Governments, 1995(619-595-5300). quirkier requirements:that the access road to the site be Cow.$5. kept clear of snow,and that the site landscaping and sprinkler system be well maintained.One community Accessory Structures (total responses:91).There were 91 offered this response: "If the tower is to be removed, damaged,knocked down,or blown down,it cannot be — responses to this question.Accessory structures are sometimes required to house transmitting or maintenance replaced without prior review and approval by the planning and zoning commission and city council. If the equipment.These comments seemed to vary widely,and there was no prevailing practice. Many communities tower is inoperable and the owner shows no intention co applied the accessory structure requirements for the repair,the tower will be removed." - zoning district;others required only that accessory --•-------- Electromagnetic Field(EMF) Emission Standards(total structures meet the building code.Some required that--'" ='" responses:23).A word of explanation is in order here.In — accessory structures for towers in residential districts be general,cellular communications facilities and devices are designed to resemble the neighborhood's basic residential associated with low levels of electromagnetic energy.There house design.Others required design review board are three wireless communication sources that generate approval.Some places listed separate accessory structure and use it:cellular antennas,hand-held cellular communi- - setbacks from both the property line and the tower itself. cation devices,and electrical equipment housed in storage Some required that they be located within the buffer and buildings and switching stations. In terms of the electro- others that the structure have its own buffer,landscaping, magnetic spectrum of frequencies,cellular technology or screening.For situations where the tower itself is an operates at radio frequencies,which are located at the — accessory structure to a principal use,the related buildings lower end of the spectrum.When the electromagnetic were required to have the same building design or energy is generated by radio frequency waves emanating 4 — through space, there is a byproduct known as radio further the distance from the source,the less potent the frequency radiation.Electromagnetic radiation is broken radiation.Transmission quality also operates on this principle. into two groups:ionizing and non-ionizing radiation. For more information on cellular communications Radio frequency radiation is non-ionizing,which means it technology and the subject of electromagnetic fields and — does not possess enough energy to create ions. Ionizing communication towers,we highly recommend Wireless radiation,on the other hand,is capable of altering the Communications Facilities Issues Paper(San Diego Association of chemical structure of organic matter.Cellular communi- Governments, 1995). cations devices and facilities generate non-ionizing What were some other conditions for approval? radiation. However,there is evidence of a very rare This section represents an assortment of unique conditions for phenomenon that occurs when complex organic mol- approval that we did not anticipate in our survey design. ecules with short linear groups of atoms extending off the Common among them was the exclusive acceptance of — main molecular body encounter strong,non-ionizing monopole towers or transmitting antennas that would be energy at very high power densities.This rare encounter mounted on pre-existing buildings or structures such as water can cause a frequency resonance to occur.The vibration towers. Still other communities listed the exclusive acceptance caused by this resonance can result in molecular alter- of guy-wired lattice towers.As mentioned earlier,some — ation. How this specifically translates into a human health communities required FAA approval when towers were to be hazard is the subject of much debate among EMF located near airports or flight paths,in which case strobed researchers.Until further clarity can be provided,the lighting was required. One community specifically prohibited scientific community advocates that proximity to higher any signage or advertising on the site.Some communities also non-ionizing radiation sources be controlled where required the use of a specific color of paint on the tower,such as possible.This approach is known as prudent avoidance. light gray or light blue.A variety of special conditions were EMFs and the health concerns associated with them applied to towers locating in residential areas.A public notice — remain the most elusive aspects of cellular facility siting. and hearing were often required.One community allowed The federal government has adopted no formal standards towers in residential districts only if they were somehow for what is or is not safe. disguised as part of an existing building.Another required proof Both private and public organizations and government that the owner had adequate insurance coverage for any agencies have proposed guidelines that limit exposure to potential damage caused by or to the tower.Yet another nonionizing radiation.These standards can be divided into required that the applicant show a local demand for the broad categories:emission standards,which set the limits on technology to justify its necessity.The most unusual ,_ the incidental(nonpurposeful)radiation emanating from a requirement was for an estimate of the number of vehicle trips device;and exposure standards,which set limits on the per day for the proposed site.This may have been the by- radiation power density to which a person may be exposed. product of a broader transportation impact analysis requirement Emission standards limit unwanted leakage from devices such for all uses proposed within a given commercial district. as microwave ovens that should contain the radiation inside the device or that have shielding to protect operators and What types of approval procedures were used? others from exposure during normal operation.Exposure This was not a question on the survey,but the responses standards limit exposure of persons to radiation present in revealed that most communities allowed towers with a the environment,for example from a radio transmitter. conditional use permit.The second most common approval was From Michael G.Yost,Nonionizing Radiation Questions via special use permit. Finally,a much smaller group of and Answers(San Francisco Press,Inc., 1988). communities stated that towers were allowed by right in some — In the meantime,communities nationwide continue to rely districts but not in others(most notably,residential). For those on standards set by the American National Standards Institute, communities that required approvals by more than their as reported in"IEEE Standard for Safety Levels with Respect to planning commission or zoning board of appeals,the most Human Exposure to Radio Frequency Electromagnetic Fields,3 frequently mentioned entities were design review boards, _ kHz to 300 GHz" (c.95.1-1992).Most responses to this historic preservation boards,the FAA, and the FCC.Though question referred to these standards.This document is a revision not reported by these respondents,we subsequently have heard of community deferral to the decision of a state level utilities of ANSI's 1982 standards in which they state that"devices operating on less than seven watts of power at frequencies less commission or board.Communities should verify whether this — than 1,000 MHz will not cause immediate thermal effects." form of approval exists in their state. Cellular mobile phones operate between 0.6 and three watts of Third Party Wireless Go-Betweens power at frequencies between 800 and 900 MHz. PCS mobile Many third-party entities have stepped in to help facilitate the _ communicators are anticipated to operate on no more than one cellular revolution.Municipal planners and officials often need watt of power at frequencies between-I,850 and 2,200 MHz.- technical education,legal advice,and negotiating tips while Both fall well below the seven-watt threshold. cellular carriers often need help scouting and acquiring sites for Cellular sites,including monopoles,roof-mounted antenna their transmission devices.Some communities,in conjunction — sites,and building-mounted antenna sites,emit a maximum of with the carriers who have approached them,have hired 3,000 watts of effective radiated power or ERP(the power consultants to fulfill these needs.Some of these firms are supplied to an antenna multiplied by the relative gain of the subsidiaries of the telecommunications companies,and others antenna in a given direction). In comparison,radio broadcasting are independent organizations that more or less serve the — towers emit roughly 100,000 watts ERP,and television cellular communications industry.FoxFire Community broadcasting towers emit approximately five million watts ERP. Planning&Development in Denver and Unisite in Dallas are The radiation emitted from these broadcasting sources decreases two such organizations.They bring a wealth of cellular according to the inverse square principle,which states that the technology experience and land-use expertise to the table. 5 A third category of go-betweens is arising to serve as fault.The planning board ended the controversy by denying the advocates for the public sector.CityTel,Inc.of Atlanta is one conditional use permit,in part because of the parcel's proximity - such firm.This option appeals to local governments because to the residential zone. HPBC has decided to look elsewhere. firms like CityTel enter the picture as a lessee of municipally Meanwhile,SRF continues the redevelopment of Stapleton owned property—and a lessor to the telecommunications with much larger plans than just subdividing and selling the _ carrier—thereby generating revenues for themselves and the property. Over the next few years,CEO Tom Gougeon plans to municipality.The firm approaches site selection on the basis of convert the seven-square-mile site into an environmentally , what is ideal for the hosting municipal government rather than responsible, mixed-use community complete with 20,000 jobs the cellular carrier.These firms are economically motivated to and 30,000 residents. He envisions a community in which open — achieve tower sharing wherever possible and take responsibility space is maximized(over a third of the site),and public for tower maintenance. Moreover,they appeal to transportation is within walking distance for everyone. communications carriers who no longer need to spend time and To ensure Stapleton's future viability,SRF wants to install a money dealing with municipalities directly. flexible infrastructure—including fiber optic capabilities, All the firms mentioned above have a regional market within natural drainage,and alternative energy sources such as the U.S,but this is an emerging market in which new firms are photovoltaics—that can adjust to a variety of technological still developing. Research to find the most appropriate innovations.SRF is also considering rate increases for peak-hour — organization within a planning agency's state or geographic area water usage in an effort to force Stapleton consumers to use would be worthwhile. creative conservation techniques. Martin Roupe Airport Brews a zorwNGR!eports Bad Reaction The owners of the High Point Brewing Corporation (HPBC),a Denver firm,at first were pleased when Stapleton Land Use Practices: Redevelopment Foundation(SRF)officials showed them an Exclusionary Zoning, • abandoned hangar at the city's recently vacated airport.Once de Facto or de Jure? merely home brewers,they were excited by the possibility of Barbara Lukermann and Michael P.Kane. Center for Urban and opening up a microbrewery,and the former airport seemed Regional Affairs,330 Hubert H. Humphrey Center,301 19th perfect.SRF is a nonprofit organization established to oversee Avenue S.,Minneapolis,MN 55455. 1994. 80 pp. Free. • the redevelopment of Stapleton airport. The Metropolitan Council in Minnesota's Twin Cities HPBC's owners decided after one visit that they wanted to has long advocated a fair share approach to providing lease a space on the southwest side of Stapleton. Unfortunately, affordable housing for the region's low-and moderate- that area is zoned for commercial use,which excludes the income population. Over the past two decades, it has — brewery. HPBC quickly applied for a conditional use permit, published several development guides requiring communities and the city posted signs notifying the public of the firm's to establish goals for accommodating affordable housing. intentions.To the surprise of both parties,residents of the This study sought to ascertain just how well the region was nearby Greater Park Hill neighborhood immediately inundated addressing these needs.The authors selected 10 growing '... SRF with telephone calls.As part of an agreement reached with suburban communities and looked at their current housing the community,SRF is responsible for discussing all develop- stock, local regulatory environment,and local policies and ment proposals with residents to build consensus regarding actions. The results offer quantifiable evidence that the appropriate uses for the airport. Due to a lack of communica- growing suburban areas of our cities, even those with strong tion between the leasing agent,SRF,and the city,SRF officials regional planning, are not providing their fair share of were unaware of the proposal and caught off guard by the calls. affordable housing opportunities. Most callers were concerned not about the microbrewery but about why they had not heard about the proposal earlier.The neighbors'fears eased when they realized that SRF was not at Land Use in America Henry L. Diamond and Patrick F. Noonan.Island Press, 1718 Connecticut Ave.,NW, Suite 300, Washington, DC 20009.368 Zoning News is a monthly newsletter published by the American Planning pp. 1996.$26.95. - Association_Subscriptions are available for$_5_9_(V.5,)and$65(foreign). ._ The United States has taken major steps in the last three Frank S.So,Acting Executive Director;William R.Klein,Director of Research. - - decades- to improve its environmental quality through a host of Zoning News is produced at APA.Jim Schwab,Editor;Fay Dolnick,Scott Dvorak, _r��,„„��atlonS,but hasyet to find effective waysto restrain the Michelle Gregory,Sanjay Jeer,Megan Lewis,Doug Martin,Marya Morris,Marty regulations, Roupc,Laura Thompson,Reporters;Cynthia Cheski,Assistant Editor:Lisa Barton, alarming growth in the consumption of land for new Design and Production. ----, development.The primary authors have included contributions Copyright 01996 by American Planning Association,122 S.Michigan Ave.,Suite from a number of prominent figures in the land conservation 1600,Chicago,IL 60603.The American Planning Association has headquarters offices at 1776 Massachusetts Ave.,N.W.,Washington,DC 20036. movement who discuss aspects of these problems.Among them: All rights reserved.No part of this publication may be reproduced or utilized in any former Vermont Gov. Howard Dean;former EPA form or by any means,electronic or mechanical,including photocopying,recording, Administrator William Reilly;and Professor Jerold S.Kayden or by any information storage and retrieval system,without permission in writing of Harvard University.The aim of the book is to aid from the American Planning Association. Printed on recycled paper,including 50-70%recycled fiber communities in finding more fiscally and environmentally and 10%postconsumer waste. �« sound ways to accommodate growth. 6 Bloomington City Council Policy Statement Regarding the Use of City Owned Land for Wireless Telecommunication Antennas and Towers Approved July 15, 1996 1. Introduction The City of Bloomington has received requests from wireless telecommunication providers to place wireless telecommunication antennas and towers on City owned property. The Bloomington City Council has determined that a uniform policy for reviewing these requests is desirable. 2. Priority of Users Priority for the use of City owned land for wireless telecommunication antennas and towers will be given to the following entities in descending order: A. City of Bloomington; B. Public safety agencies, including law enforcement, fire, and ambulance services, which are not part of the City of Bloomington and private entities with a public safety agreement with the City of Bloomington ; C. Other governmental agencies, for uses which are not related to public safety; and, D. Entities providing licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public. 3. Minimum Requirements The placement of wireless telecommunication antennas or towers on City owned property must comply with the following requirements. A. The antennas or tower will not interfere with the purpose for which the City owned property is intended; B. The applicant is willing to obtain adequate liability insurance and commit to a lease agreement which includes equitable compensation for the use of public land and other necessary provisions and safeguards. The fees shall be established by the City Council after considering comparable rates in other cities, —. potential expenses, risks to the City, and other appropriate factors; C. The applicant will submit a letter of credit, performance bond, or other security acceptable to the City to cover the costs of the antenna or tower's removal; D. The antennas or tower will not interfere with other users who have a higher priority as discussed in Section 2; E. Upon reasonable notice, the antennas or tower may be required to be removed at the user's expense. 5. Application Process All applicants who wish to locate a wireless telecommunication antenna or tower on City — owned property must submit to the City Manager a completed application and detailed plan that complies with the submittal requirements of the Zoning Ordinance along with other pertinent information requested by the City. 6. Termination The City Council may terminate any lease if it determines that any one of the following — conditions exist: A. A potential user with a higher priority cannot find another adequate location and the potential use would be incompatible with the existing use; B. A user's frequency broadcast unreasonably interferes with other users of a higher priority, regardless of whether or not this interference was adequately predicted in the technical analysis; or, C. A user violates any of the standards in this policy or the conditions attached to the City's permission. Before taking action, the City will provide notice to the user of the intended termination and the reasons for it, and provide an opportunity for the user to address the City Council — regarding the proposed action. This procedure need not be followed in emergency situations. 7. Reservation of Right Notwithstanding the above, the City Council reserves the right to deny, for any reason, the — use of any or all City owned property by any one or all applicants. 8. Use of Revenue All revenue generated through the lease of city owned property for wireless telecommunication towers and antennas shall be made payable to the City of Bloomington and transmitted to the City's Department of Finance. — Revenue shall be credited as follows: A. To the specific operating activity using the land upon which the wireless — telecommunication towers and antennas are located (for example, golf course revenue when located on a golf course, Water Utility Fund when located on water utility property); — B: To the Park Development Fund if located on park land where there are no organized activities or on open space land; C. To the General Fund operating activity when the wireless telecommunication towers and antennas are located on City property serving a General Fund operating program (such as ballfields, public playlot areas, etc.); and, D. Any revenues not meeting the above criteria shall be applied as general revenues of the General Fund. f:\planning\comtower\policyd.doc n7133. I ANTENNAS 40-ACRE STUDY Permit applications for "cellular telephone" facilities have raised questions concerning the adequacy of the current zoning code language defining and regulating antennas. In the early 1980's, the zoning code was amended to regulate "television receive only antennas" (TVRO's) which provided access to expanded television programming before "cable TV services" were locally available. Because the amendments did not differentiate between high powered antennas for commercial broadcasting, and those used for radio and TV reception, the current regulations appear to permit all types of antennas in any zoning district if they are deemed to be "accessory uses". The attached 40-Acre Study provides a descriptive review of antennas and their uses, reviews the regulation of antennas in other jurisdictions, and suggests amendments to zoning definitions and regulations for Saint Paul. The study also suggests the adoption ' - of criteria for protection of the public from the possible adverse effects of non-ionizing electromagnetic radiation (NEER), a health hazard which may result from improper location, installation, or operation of radio frequency transmitting equipment. RECEIVED AUG 0 9 1996 CITY ur ur,,NHASSEN • • • • • '"'VISION OF PLANNING •DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT• CITY OF SAINT PAUL TY HALL ANNEX• 25 WEST FOURTH STREET, SAINT PAUL, MINNESOTA,55102 • TELEPHONE 612-228-3270 } ANTENNA 40-ACRE STUDY TABLE OF CONTENTS Problem 1 Background 1 General Characteristics 2 Descriptions and Examples Radio and Television Receiving Antennas 3 Commercial Broadcast Transmitting Antennas 3 Short-wave Radio Transmitting and Receiving Antennas 4 Public Utility Microwave Antennas 4 Satellite Dish Antennas 5 — Cellular Telephone Communications Antennas 5 Increasing Service Demands 6 — Public Utility Question 7 Antenna -Accessory Question 7 Current Cellular Service Providers 7 — Regulation of Antennas in Other Jurisdictions 8 Bloomington Minnesota 8 Brooklyn Park Minnesota 8 King County Washington (Seattle) 8 — Portland Oregon 9 San Francisco California 9 Woodbury Minnesota 9 — Current Definitions and Antenna Regulations 9 Available Alternatives 10 Recommended Amendments —__ — 12 - 18 — Appendices "A" through "E" un-numbered pages 19 - 48 ANTENNAS Problem: Requests for permits to allow installation of The code should also recognize that the "cellular phone" transmitting and switching regulation and/or restriction of some types facilities, including antennas and support of antennas is, in some situations preempted poles, have alerted city staff to the by Federal Communications Commission insufficiency of the current zoning code (FCC) rules. The FCC has ruled in part language that defines and regulates that: antennas. State and local zoning or other Background: regulations that differentiate between satellite receive-only The zoning code language on antennas antennas and other types of antenna needs significant revision. Since the current facilities are preempted unless such antenna definitions and regulations in the regulations zoning code were drafted in the 1960's, a. Have a reasonable and occurredmajor changes have in clearly defined health, safety, _ . communications technology. With simplified definitions which are somewhat or aesthetic objective; and, unclear, and regulations which do not b. Do not operate to impose address the disparate characteristics of unreasonable limitations on, antennas by type, size or function, the or prevent, reception of current language of the code is unworkable. satellite-delivered signals by Zoning code language defining and receive-only antennas or to regulating antennas should: 1. recognize impose costs on the users of antenna differences; 2 regulate antennas in wsuch antennas that are a manner which does not preclude their excessive in light of the legitimate use; and 3. protect adjacent land purchase and installation cost uses from possible adverse impacts of of the equipment. antennas. To accomplish these objectives Regulation of satellite transmitting the ordinance language must, at the very antennas is preempted in the same least, provide descriptive definitions of manner except that state and local antennas by type, size, and function, and health and safety regulation is not regulate antenna use in a manner that preempted. equitably protects the parties at interest. • ‘ , • _ _ �0' .I Regulations and/or restrictions on "ham maim_MINI I radio" and other general communications swam-i aims �� radio antennas are also preempted in some S,�Si� instances by FCC Rules. Although we are —j=instill., not aware of any current FCC preemptions =t==1111 on cellular telephone antennas, such preemption is clearly a possibility. �� ami T atm op: WAN!i To regulate antennas on an aesthetic basis, eft/:. `�.:�v the zoning code should provide for the `� .+rLl aesthetic regulation of other accessory uses. If.i' . � rail; _ Further, regulation of aesthetics should be • [ � ,r -� listed as a 'purpose" in the Intent and �~ c o, Pwpose section of the Zoning Code -�=J (§60.101, p.507) if we choose to impose aesthetic regulations on antennas. _ General Characteristics Figure 1 - SPHERICAL ANTENNA Some antennas are designed exclusively for Typically AM radio broadcast waves are broadcast transmission of radio signals, 'ground waves", meaning the waves or others for the reception of those signals. signals are propagated along the earth's Some antennas are designed for both surface from a stationary source. The transmission and reception of radio waves antennas for this type of commercial radio or signals. Still other types of antennas are transmission are typically a tall tower or an designed for transmission and/or reception array of tall towers. of radio waves from satellites which orbit the earth. Many antennas are "frequency FM, TV, UHF (Ultra High Frequency), and specific" that is they transmit or receive only VHF (Very High Frequency) radio waves one radio frequency. which include the transmission frequencies for 'cellular telephone" service, are "line of sight"- Because these different functions require sometimes referred to as antennas with different characteristics, waves or signals, which means that there antennas come in a wide variety of shapes, must be a clear pathway through the air sizes, and types, which relate to the specific between the transmitting and receiving function of the antenna. The simplest antennas. Satellite transmissions and antennas, as our current definition states, receptions also depend on "line of sight" are "a wire or wires used for the radio waves. transmission or reception of radio or - electromagnetic waves...'. Among themo t__ _The size, shape and height of an antenna is _ _ complex antennas are standard AM=---- — typically determined by the "radio broadcast antenna arrays, and spherical frequency' and type of the particular radio antennas (see figure 1) which can transmit waves to be transmitted or received. For or receive radio or TV signals from more example, local AM radio antennas or than one satellite without adjusting the antenna arrays, are situated in various parts antenna's direction. of the metro area. Because AM radio uses "ground waves' the location of the transmitting antenna is less critical than is _ 1 2 • the case for line of sight" types of involved a drive mechanism which could transmission. The height of an AM radio rotate the antenna, pointing it directly at the transmitter antenna tower or antenna array transmitting tower to improve TV reception. is determined by the transmission frequency of the particular radio station. The tower or • Generally, these antennas did not present a — array with its associated "ground netting' is significant aesthetic problem, or hazards to the antenna. health and safety. Therefore, antennas were not regulated in the zoning code. In fact, In metropolitan areas such as ours, the word "antenna" does not even appear in transmitting antennas for "line of sight" our city ordinances until the adoption of the radio waves are typically situated on tall "new zoning code" in 1975. buildings or towers. For this reason, most local FM radio and television broadcast signals are relayed from centralized studios A. Hrsee4aCausr7Sler:R'aCepa/meet Gss= T :, r,A Nam Stmt Cowen Va::e+,Mis.rso:a s:5:_45,. — through antennas situated at the Shoreview a laser Cres H��..Water Tower.East el R_,s:t J_-xt at w w 1-4{:am Cre.e Hdeiu.J.L.aou =1'•-'..-i antenna farm". 425 ; C. StWettlAte View To.er,f•;7+at rraosai Read It:watai- >Laaeseca DO feu Y4. 400 D. Fre t. ;Sued.,Catersraioa el lCtraraas H:;�se:L7 Cellular telephone antennas and two-way Crean..FRe.,,,Elisa -_. ,.,,_x 375 radio antennas are used to transmit and / z Trpal ltowapc.tw.>Lr.ArttaaaTows.. Li,_4 350 receive UHF or VHF radio waves. Because / 1. T;�:"' `-l•Su7pstt Cs7aar Asci Te.a '''' 325 _ they operate on high frequencies, the actual WO vy,,,r�T,-ommete Tc.a.Wat IS r 300 H[pl.aT MI Y[-hy E'a4i.¢ea lCu:s� IS 4::`-`3 antennas are quite short. However, because . H. KyS Veins?ewer Traoin:ea Matte?aia Irzs>s�a a< 275 Mas-ania 3Iret.stal W-Zama Read,\a:..-•+••�r.•••• they use "line of sight" radio waves, the u:�I�,• 250 antennas are typically installed on top of a 1. r:rt:at Rat-at=rill a[asA, ,ivau R- •-^- - lrc^•. 225 Ha kit, and 3oeae wtvr,Cade vi.;,lr----•a tall building or a pole to provide a workable tea 2Y0 range or service area. 175. _ 150 Specific Antenna Descriptions and I 125 C7 �.� 100 Examples I 75 1... � SO Radio and Television Receiving Antennas I I�` f 25 , , --.\ ..! I \ For most of us, the first antennas we A. 1 C. 0. L F. C. I. encountered were those we found attached • to an old radio, or in the case of the Structure Height Examples younger generation, the television set. In the prime radio years, many antennas • consisted of a simple wire which was Commercial Broadcast Transmitting attached to the back of the radio, and may or may not have extended outside of the Antennas _ _� _..__ _ _ _ __ home to improve radio reception. Antennas for the transmission of The rapid dispersion of television in the commercial AM radio broadcast signals 1950's gave rise to a plethora of antenna typically consist of one (1) to six (6) steel types and sizes, many of which were tower elements which are surrounded by "ground netting" made of heavy copper wire mounted on a house or apartment roof. Some of the more sophisticated installations or mesh. To enhance broadcast signal propagation, such antennas _ 3 were often sited in wetlands in the past. Short-wave Radio Transmitting and _ We have two such antennas or antenna Receiving Antennas arrays in Saint Paul. One is the MPR towers at Davern and West Seventh/Fort Antennas used for two-way or short-wave Road, the other is the single element tower radio communications as noted above, are that serves both KFAN AM & KEEY or typically quite short in Iength. Such K102 FM, situated to the south of I-94 at antennas are used by the Fire Department, _ Frontenac Place, near the west City limits. Police Department, Parks and Recreation A third single element tower type antenna Division, Public Works, Taxi companies, and serves FM Radio Station KNOF at Selby numerous service companies for dispatching and Hamline. Currently, all other and other communications. a commercial broadcast radio antennas are in suburban locations. It is usually necessary to locate these antennas, on a high building, a tall steel - KSTP's original television broadcast antenna pole, or a light weight tower, to provide the at University Avenue and the west City needed range for two-way communication. limits, is a tripod antenna with 'lattice" type However, these towers are comparatively - construction, which has a height of nearly short (100 ft. or so), and light weight. Often 600 feet. Although it is no longer used for Such antennas are situated on the tops of television transmission, the owners maintain commercial and/or residential buildings. - the tower as a platform for meteorological For example, there are about 12 antennas of equipment and a microwave links with the this type on the top of the World Trade Shoreview antenna farm. Most local area Center. - television signals including KSTP's, as noted • above, come from or are relayed through Because each short-wave the Shoreview Antenna Farm. Many local transmitter is licensed to b — FM radio signals are also broadcast through operate over a limited that location. range on a single radio It frequency, several _. As recently as the summer of 1989, staff antennas can be placed on ' !I processed a request for variance to allow the same tower, mast, or construction of a new television transmitting building. Transmitters for antenna for KVBM TV near the west city this type of communication limits south of Como Avenue. This equipment are very proposed antenna was never installed. compact - typically o• ' _ occupying only part of a Because of their height, power output, and desk-top. appearance, commercial radio and television __ broadcast antennas such as those described , __ _.. . above should continue to be regulated as Public Utility Miuvwave '=. k =- special condition uses in the I-1 Industrial Antennas- Districts, and permitted uses in the I-2 - 0 Industrial District. Because of advances in In the late 1950's and early _ — engineering however, consideration should 1960's increasing demand _ be given to change in the specifics of the for better long distance Short-wave special conditions. telephone communications Antenna Mast was addressed by the _ deployment of microwave 4 antenna networks. Through a process called spend up to $3000 or more, could access - "multiplexing" these systems could handle some TV programming now available on numerous point to point telephone "cable" by installing satellite dish technology. communications on a single UHF radio Since the dishes were regarded as unsi fhtly, carrier signaL The antennas for this type of many communities tried to prohibit their telephone communication are typically use in residential areas. This action led to either "parabolic (dish shaped) or the FCC preemption of some zoning - cornucopia shaped. To provide adequate regulations. In the late 1980's, several local transmission range, and physical stability, TV companies installed satellite transmitting these antennas are typically mounted on antennas. either a tall building, a guy-wired Iattice, or a tripod Iattice tower. Two technological changes occurred between the early 1980's and the present Similar communications towers used by the which may have reduced the desire of . railroads and MnDot, are situated on individual homeowners to have a satellite buildings in the downtown area. Since these communications media use "line- of-sight" radio waves, network antenna towers are • spaced at intervals of about 40 miles. Given the operational characteristics of this type of ir il telephone communications equipment, it seems unlikely that we will receive new .a _ requests for permits to erect towers and , antennas of this type within the City. . ,\ Satellite Dish Antennas rAN ib;\ Satellite dish antennas come in a variety of `- - shapes and sizes, the most common type is the parabolic or saucer shaped dish. To Satellite Dish Antenna transmit or receive satellite relayed signals, these antennas must point directly at the satellite which is in a stationary position TYRO dish antenna. First, much of the about 22,000 miles above the earth's surface. metro area was hard-wired for "cable access These antennas range in size from about 18 TV"; and second, some vendors of satellite inches to over 35 feet in diameter. Those TV programming "scrambled' their satellite used for home TV reception typically have a signals. This action made it necessary to diameter of nine to twelve feet (3 meters). add a "descrambling" device to an already Antennas used to transmit signals to costly system. Because cable TV was less satellites are typically much larger. Some expensive, permit requests for TVRO's have diameters as large as 39.4 feet (12 dropped precipitously. meters) or more. Cellular Telephone Communications Satellite dish antennas began appearing in Antennas Saint Paul during the late 1970's. KTCA- KTCI TV installed a "receive only" (TVRO) The most recent additions to the growing satellite dish in the summer of 1978. antenna family are the cellular telephone During the early 1980's people, willing to communications antennas. The basic 5 Existing Tower li Water Tank Within Search Area Outside Search Area l- x:;>:E' a,,y.•�.. : CC, - • aci Existing Tomer 'zys ,�.•� .>, ° Water Tank Ouside Search Area ' :;a,• '`^N tilt /Within Search Area •� 4111" fi. lliNtititimma... _ = �,y., .M1:ftiri. .y�VY'} K; f + Pro„cled =": Airspace Zone _ml.«. /_ - - :- ��sem- 11*-- • This illustration summarizes Illustration Courtesy of some of the site selection constraints U.S.West NewVector Group Real Estate and Zoning characteristics of cellular telephone antenna because callers may be moving through the elements are the same as short-wave or two- area, a call may shift through several cells way radio antennas. However, there are during the course of a single - two characteristics of cellular communication. The transmission and communications sites or cells, which switching equipment required for this type differentiate them from other short-wave of operation typically occupies a small (10' radio installations, the structure to house X 28' or so) building, or a room in a larger equipment, and the antenna arrays. building. The multi-antenna array, and the space needed for transmitting and switching Typically, cellular telephone antennas are equipment make cellular telephone arranged in a array on top of a single pole, installations different than other types of mast, lattice tripod, or building. The nature two-way radio equipment sites. • • of cellular telephone communications requires spacing cells, dependent upon --------- Increasing Service Demands • ground elevation and antenna height, in a- = - .-'- -------'-:-_ _ - relatively even pattern throughout a service According to Consumer Reports magazine area. Typically, though not always, suitable (Jan. 1993 pp.9-15) during 1992 the rate of locations can be found in industrial areas to increase in cellular telephone users in the accommodate such equipment_ U.S. averaged 7,300 per day bringing the Each cell handles numerous calls to 45 total number of users to 10 million by u ( P December of 1992. Although no figures for connections) simultaneously, however, . 6 __ local levels of use were available to staff at the area within a specified period of time. this writing concerning local cellular Once initiated, service must be maintained telephone use, based on national trends, the at the agreed to acceptable level. Failure to current number of users in our metro area provide service consistent with the should be closing in on 100,000, and provisions of the license is cause for increasing at a rate of about 75 new users revocation of the license by the FCC. each day. To provide the level of service necessary to Since cellular phone service tends all areas of this metropolitan region, it has to be concentrated in highly populated on occasion been necessary to situate areas, this figure may be conservative. cellular telephone facilities or cells, in or Cellular telephone service providers very near low density residential land uses. however, tend to regard information on the Although every effort should be made to actual number of subscribers as proprietary. locate cells in more intensive zoning districts, given the requirements for Service providers indicate that increased licensure it is conceivable that a need may cellular telephone use or "traffic" has given arise for location of a cell in a residential rise to a need for a tighter network or more district within the City. closely spaced grid of cellular antenna facilities in order to continue the current Antenna - Accessory Question high level and quality of uninterrupted service. Although it is argued that the antennas for this use should be considered and therefore Staff believes that a balance must be sought regulated as accessories to the equipment between the service providers' need/desire buildings, staff notes that without the to provide the highest service level for their antenna, no structure would be erected, and customers, and the City's function to protect without the equipment structure, no antenna the health, safety, and welfare of its would be erected. Section 60.201. A. of the residents through land use regulation. Zoning Code in part defines accessory use or accessory as one "...clearly incidental to,' customarily found in connection with ... and Public Utility Question located on the same zoning lot as, the principal use to which it is related". The Cellular telephone service is available to the staff believes that the combination of general public for a fee, much like other antenna and structure are integral parts of a public utilities such as electricity, gas, and single use, and therefore the antennas do water (see §60.216.P. in Appendix "A"). not meet this part of the zoning code This service, as are most radio frequency accessory use definition. _ services, is regulated by the Federal Communications Commission. To-se cure an Current Cellular Service Providers FCC license to operate a cellular telephone service, the licensee must agree to provide There are two providers of cellular phone services on all assigned radio frequencies services in the Twin Cities Metro area, throughout a geo-specific service area, Cellular One, and U.S. West Vector. typically a metropolitan area. Once the Because they compete with one another, license is secured, the provider must provide requiring joint antenna siting may present theserviceat an acceptable level throughout problems. Some local communities $ Emphasis added 7 however, require that permitees "...Provide There are no written code requirements for i opportunities to co-locate other antennas on antennas in Bloomington, the permitting the monopole subject to additional City final process is part of an "oral tradition" that has site plan and building plan approval...", developed as "policy" over the years. REGULATION OF ANTENNAS Brooklyn Park MN, (see appendix "B") IN OTHER JURISDICTIONS allows some types of radio and TV antennas to extend above standard height restrictions To learn how antennas are regulated in in its low density residential districts without other places, staff has talked with planners need for special permit. For example, if the and regulators in Bloomington MN, district height restriction is 30 feet, an Brooklyn Park MN, King County/Seattle antenna may extend to a height of 45 feet without special permit. Conditional use WA, Portland OR, San Francisco CA, and Woodbury MN. We have also obtained permits are required for antennas which copies of the codes regulating antennas for exceed this height limitation. Satellite or many of these jurisdictions (see appendices microwave dishes are permitted as accessory "B" through "F'). uses in the Limited Business District (B-1) — subject to conditions, however approval is Some communities classify all commercial administrative. antennas as public utilities. In Bloomington In the I-1 Industrial District, transmitting MN, for example, commercial transmitting antennas of all types are permitted subject antennas are currently regulated as public to special conditions as spelled out in the utilities because they are regulated by the Transmission Tower Performance Standards F.C.C. Although staff in Bloomington is section of the ordinance. Since commercial currently considering new ordinance transmitting antennas are specifically named language, commercial transmitting antennas in the conditional use category for I-1 can presently be Iocated in any zoning Industrial and Conservancyzoningdistricts, district, if the proposer proves a need for the use. Ham radio and TVRO satellite it is evident that they are not permitted in dishes are viewed as uses of right in any residential areas. district. All other antennas are subject to In the Conservancy District, telephone design review prior to construction. transmission towers subject to the provisions The only specific condition required in this of the aforementioned performance design review is that the antenna be set standards, are permitted as a use of right back from all property lines a distance equal provided some additional conditions are met. Such installations undergo formal site to the height of the antenna tower, unless the antenna mast is specifically engineered P review, however permits are to collapse within a smaller radius under all administratively issued. No public hearings are required for radio frequency --- --- — ----- foreseeable conditions. _Within the design _. transmission antennas except those which review process, the city can and does specify are permitted by special condition in the • the color of the antenna, require co-location industrial zoning district. of antennas on a single mast where • appropriate, and require landscaping and Ing County Washington (Seattle) larger visual screening of the site. Permits for antennas are regulated as part of the "Non- antenna construction are issued ionizing electromagnetic radiation (NIER) administratively, without any citizen review. Communication facilities Ordinance (see 8 appendix "C"). This ordinance directly most instances eliminates the need for tower addresses the potential health hazards of heights much above 25 feet. There are no large radio transmission equipment and large A.M. radio transmitter towers within provides a variety of regulatory tools the city. including Administrative review and Conditional Use permits. Types of In Woodbury MN (see appendix "F") equipment exempted from the regulations antenna is defined quite simply as "...that are listed in detail. This ordinance is clear portion of any equipment located on the and concise, however, it allows more exterior or outside of any structure, used for administrative approval power than may be transmitting or receiving radio or television acceptable for Saint Paul. waves." Antenna towers are subject to inspection by the City building official and In Portland Oregon (see appendix "D") "antennae and towers" are special condition antennas and antenna towers are either uses. This ordinance does have a provision permitted as a Special Condition Use, for requiring the removal of abandoned or "allowed with special limitations" or "allowed damaged towers in the manner prescribed by right" in all zoning districts. The "allowed for dangerous or unsafe structures as by right" provisions apply to specific established by the Minnesota State Building antennas in all zones, and to radio and Code. television transmitting towers in "employment and industrial districts. This CURRENT DEFINITIONS AND ordinance also provides for specific ANTENNA REGULATIONS protective measures which limit "effective radiated Power" for antennas near Antennas first appear in our zoning code residentially occupied land uses. (NOTE: under Sec.60201. A.Accessory use or effective radiated power is a different way accessory. to deal with non-ionizing electromagnetic radiation) (12) Radio and television antennas The ordinance regulating antennas in San subject to the regulations in Section Francisco CA, (see appendix "E") is silent 62.117 on the regulation of receive only radio and This language was added to the zoning-code television antennas in residential districts, as part of a set of text amendments in the however, staff there informs us that they mid-1980's to gain some control over the must meet the same requirements as other proliferation of satellite dish antennas and accessory uses in every use district with possibly ham radio transmitter antennas. exception of those districts where more L stringent regulations apply. This ordinance The language does not describe antennas by type, function, or physical size, leaving the does not measure or regulate "radiated impression that any antenna may qualify as ------- - - power, or NIER, however a 1,000 foot an accessory use. Staff believes that the spacing between large transmitting towers legislative intent was to permit antennas for and residential property is required unless a residential zone is surrounded by home radio and TV equipment, and hobby commercial or industrialproperty. radio equipment, however this is not clear. Staff of the City of San Francisco zoning The definition for antennas in the current zoning code language under Sec.60.201.A. office have indicated that the placement of reads: transmitting antennas on hilltop sites in • 9 Antenna, radio and television. A wire Special Condition Use Permits (SCUPs) has ff.- or set of wires used in transmitting imposed no specific additional requirements and receiving electromagnetic waves which speak to these issues. and including the supporting structure; includes, but is not The final antenna entry in the current code limited to, amateur radio antennas, is found under Sec. 62.117. Radio and television antennas and satellite television antennas. The text in this receiving dishes. instance has led to significant confusion in the administration of the zoning code. Given the state of communications Although staff believes that the intent of technology of the 1960's and 1970's, these this segment when adopted in the early 80's, provisions were sufficient to regulate the was to permit those types of antennas bulk of antenna needs and installations. needed for home reception of radio and TV They are however clearly insufficient to signals along with transmit/receive antennas regulate the communications technology for hobby or ham radio, strict interpretation needs for the 1990's and beyond. of the text arguably allows any antenna.in any zoning district, as long as the antenna is The main entry for antennas following the an accessory use. The text of this portion of definitions section is found under Section the code reads as follows: 60.614. Principal uses permitted subject to special conditions. (in the I-1 zoning Sec. 62.117. Radio and television antennas. district). This entry reads as follows: Radio and television antennas are permitted - (4) Television and radio towers, public as an accessory use in all zoning districts utility microwave towers, and public and shall meet the following requirements: utility television transmitting towers, subject to the following conditions: (1) Radio and television antennas shall not be erected in any required yard, a. Said use shall be located except a rear yard, and shall be set - centrally on a continuous back a minimum of three (3) feet parcel having a dimension from all lot lines. equal to the height of the tower measured from the (2) Guy wires or guy wire anchors shall base of said tower to all be set back a minimum of one foot points on each property line. from all lot lines. b. The proposed site shall receive approval from the • city engineer as to adequacy AVAILABLE ALTERNATIVES of drainage, lighting, general - _ - safety and other technical The brief summaries and discussion above aspects. demonstrate that the zoning treatment of antennas, both within our metro area, and Although this set of conditions leaves in other areas of the country, is quite considerable latitude for the development of diverse. In some instances large antennas policy spelling out more stringent are treated as public utilities and can be regulations with regard to health or life erected with little or no regulation. safety issues, historically, the granting of 10 In other areas, concerns for public health Licenses, Inspections and Environmental and safety regarding radiation have resulted Protection (I WP) office led to the in sophisticated regulations which would conclusion that such regulations are very appear to require periodic monitoring of costly to enforce and provide little in the NIER sources. way of additional protection. Based on this conclusion, staff is not recommending this Some jurisdictions can get by with a few type of regulation at this time. regulations owing to their peculiar topography, others may do so by being less sensitive to the concerns of neighborhood residents. Some of the reviewed ordinances have been adopted or modified very recently; these appear to provide a higher level of concern for the health and well-being of persons living, working, or playing nearby. The older suburban ordinances are fraught with the same problems we face in our current zoning regulations. The options currently open to us appear to be: a) Do nothing - continue with the current definitions and regulations and let the system sort out proposals as it does currently; b) Modify/clarify current Ianguage and add definitions only, an option • that could provide better definition, regulation, and protection, but does little to address likely future concerns with more sophisticated technology eta or c) Draft a new set of definitions and regulations which speak to both current and future technology and environmental concerns. Staff suggests an expanded definition set and clear differentiation within the ordinance between antennas for commercial transmitting, and antennas for receiving, a combination of"a'and "b' above as a minimum. Alternative "c" which addresses additional concerns is staff's preferred course of action. Although staff originally suggested consideration of"NIER" or 'effective radiated power" regulation,joint review of such regulations with Environmental staff in 11 RECOMMENDED AMENDMENTS To provide clear direction for future regulation of antennas under the zoning code, staff _ recommends amendments as follows: Section 60.201.A. Accessory use or accessory... (12) Radio and television receiving antennas including satellite receiving dishes, or short-wave transmit/receive antennas designed for dispatching or use with household electronic equipment including "ham" radio eouipment, subject to the regulations in Section 62.117. Section 60.201. A. delete the following definition, and add new definitions as follows: Section 60.201 A. Antenna, Cellar,ir Telephone - A device consisting of a metal, carbon fibre, or other electromagnetically conductive rods or elements, usually arranged in a circular array on a single supporting pole or other structure, and used for the transmission and reception of radio waves in wireless telephone communications. Antenna, Public Utility Microwave, - A parabolic dish or cornucopia shaped electromagnetically reflective or conductive element used for the transmission and/or reception of point to point UHF or VHF radio waves in wireless telephone - communications, and including the supporting structure thereof. Antenna, Radio and Television. Broadcast Transmitting- A wire, set of wires, metal or • carbon fibre rod or other electromagnetic element used to transmit public or commercial broadcast radio or television programming. and including the support structure thereof. Antenna. Radio and Television Receiving- A wire, set of wires, metal or carbon fibre element(s), other than satellite dish antennas, used to receive radio television, or electromagnetic waves, and includingthe supporting structure thereof. Antenna, Satellite Dish - A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include but pot be limited to what are commonly referred to as satellite earth stations, TVRO's 12 CITY OF BURNSVILLE DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING TITLES 4 AND 10 OF THE BURNSVILLE CITY CODE CONCERNING TOWERS AND ANTENNAS. '1'HE CITY COUNCIL OF THE CITY OF BURNSVILLE ORDAINS: Section 1. Title 4 of the Burnsville Zoning Ordinance is amended by adding a new Chapter 7 as follows: CHAPTER 7 TOWERS AND ANTENNAS 4-7-1: DEFINITIONS: The following words and terms, when used in this Section, shall have the following meanings unless the context clearly indicates otherwise: ANTENNA: Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, and satellite dishes, and omni-directional antennas, such as whip antennas. TOWER: Any ground or roof mounted pole, spire, structure, or combination thereof taller than 15 feet, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade. 4-7-2: PERMITS: (A) It shall be unlawful for any person, firm, or corporation to erect, construct, place or re-erect, replace, or repair any tower without first making application for and securing a building permit as provided in this Title. (B) The applicant shall provide at the time of application sufficient information to indicate that construction, installation, and maintenance of the antenna and tower will not create a safety hazard or damage to the property of other persons. (C) Permits are not required for: 39993 1. Adjustment or replacement of the elements of an antenna array affixed to a tower or antenna, provided that replacement does not reduce the safety factor. 2. Antennas and/or towers erected temporarily for test purposes, for emergency communication, or for broadcast remote pick-up operations, provided that all requirements of Paragraph (E) are met, with the exception of subparagraph 8 (regarding corrosive material) which is waived. Temporary antennas shall be removed within 72 hours following installation. — (D) Fee. The fee to be paid is that prescribed under Building Permit Fees, Section 4-1-3. (E) Construction Requirements. All antennas and towers erected constructed, or located within the City, and all wiring therefore, shall comply with the following requirements: 1. All applicable provisions of this Code. 2. Towers and their antennas shall be certified by a qualified and licensed professional engineer to conform to the latest structural standards and wind loading requirements of the Uniform Building Code and the Electronics Industry Association and all other applicable reviewing agencies. 3. With the exception of necessary electric and telephone service and connection lines approved by the City, no part of any antenna or tower nor any lines, cable, equipment or wires or braces in connection with either shall at any time extend across or over any part of the right-of-way, public street, highway, sidewalk, or property line. 4. Towers and their antennas shall be designed to conform with accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Code. 5. All towers shall be constructed to conform with the requirements of the Occupational Safety and Health Administration. 6. All towers shall be reasonably protected against unauthorized climbing. _ 7. Antennas and towers shall not be erected in any residential parcel in violation of _.e-zoning restrictions 8. Metal towers shall be constructed of, or treated with, corrosive resistant material. Wood poles shall be impregnated with rot resistant substances. 39993 2 9. All communication towers and their antennas shall maintain a general liability insurance policy that provides coverage from any damage to property or injuries to persons caused by collapse of the tower. Said insurance policy shall provide coverage on an occurrence basis in an amount no less than One Million Dollars ($1,000,000.00) 4-7-3 : INSPECTIONS: All towers may be inspected at least once each year by an official of the Building and Inspection Services Division to determine compliance with original construction standards. Deviations from original construction for which a permit is obtained constitutes a violation of this Chapter. Notice of violations will be sent by registered mail to the owner of the property and the owner will have 30 days from the date the notification is issued to make repairs. The owner will notify the Building and Inspection Division that the repairs have been made, and _ as soon as possible thereafter, another inspection will be made and the owner notified of the results. 4-7-4: VIOLATIONS: Any person who shall violate any of the provisions of this Section shall be guilty of a misdemeanor. Section 2. Title 10, Chapter 29 of the Burnsville Zoning Ordinance is amended in its entirety to read as follows: CHAPTER 29 TOWERS AND ANTENNAS SECTION: 10-29-1: Purpose 10-29-2: Definitions 10-29-3: Height Restrictions 10-29-4: Setbacks 10-29-5: Towers in Residential Zoned Districts 10-29-6: Lighting 10-29-7: Signs and Advertisements 10-29-8: Accessory Utility Buildings 10-29-9: Design Standards 10-29-10: Co-location Requirements 10-29-11: Tower Construction Requirements _ 10-29-12: Antennas Mounted on Roofs, Walls and Existing Towers 10-29-13: Existing Antennas and Towers 10-29-14: Abandoned or Unused Towers 10-29-15: Interference With Public Safety Communication 39993 3 10-29-16: Additional Submittals 10-29-17: Satellite Dishes 10-29-18: Violations 10-29-1: PURPOSE: In order to accommodate the communication needs of residents — and businesses while protecting the public health, safety, and general welfare of the community, the Council finds that these regulations are necessary to: 1. Maximize the use of existing and approved towers and buildings to accommodate new wireless telecommunication antennas in order to reduce the number of new towers necessary to serve the community; 2. Ensure antennas and towers are designed, located, and constructed in accordance with all applicable code requirements to avoid potential damage to - adjacent properties from failure of the antenna and tower through structural standards and setback requirements; 3. Require antennas and tower sites to be secured in order to discourage trespassing and vandalism; and 4. Require tower equipment to be screened from the view of persons located on properties contiguous to the site and/or to be camouflaged in a manner to compliment existing structures to minimize adverse visual effects of antennas and towers. 10-29-2: DEFINITIONS: ANTENNA: Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, and satellite dishes, and omni-directional antennas, such as whip antennas. _ COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES: Licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public. — PUBLIC UTILITY: Persons, corporations, or governments supplying gas, electric, transportation, water, sewer, or land line telephone service to the general public. For the purpose of this ordinance, personal 39993 4 wireless service shall not be considered public utility uses, and are defined separately. SATELLITE DISH ANTENNA: A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device is used to transmit and/or receive radio or electromagnetic waves between terrestrially and or orbitally based uses. This definition shall include, but not be limited to, what are commonly referred to as satellite earth stations, television (receive only) and satellite microwave antennas. (Plymouth Erred) TOWER: Any ground or roof mounted pole, spire, structure, or combination thereof taller than 15 feet, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade. TOWER, MULTI-USER: A tower to which is attached the antennas of more than one commercial wireless telecommunication service provider or governmental entity. TOWER, SINGLE-USER: A tower to which is attached only the antennas of a single user, although the tower may be designed to accommodate the antennas of multiple users as required in this Code. 10-29-3: HEIGHT RESTRICTIONS: (A) Height Determination. The height of towers shall be determined by measuring the vertical distance from the tower's point of contact with the ground or rooftop to the highest point of the tower, including all antennas or other attachments. When towers are mounted upon other structures, the combined height of the structure at the tower's point of attachment and tower must meet the height restrictions of this Section. (B) Except as provided in Paragraph C of this Section, maximum heights for towers are as follows: 1. In all residential zoned property the maximum height of any tower, including all antennas and other attachments, shall be 60 feet; except that no tower shall be in excess of a height equal to the distance from the base of the antenna and tower to the 39993 5 nearest overhead electrical power line which serves more than one dwelling or place of business, less five feet. 2. In all non-residential zoning districts, the maximum height of any tower, including all antennas and other attachments, shall not exceed one foot for each two — feet the tower is setback from residential property up to a maximum height of 150 feet. The City Council may allow towers up to 200' high if the applicant can demonstrate that based upon the topography of the site and surrounding area, erred of the antenna, antenna design, surrounding tree cover and structures and/or through the use of screening, that off-site views of the tower will be minimized. (C) Exceptions. The following are exceptions to the maximum height restrictions for towers: 1. Multi-Use Towers. Multi-use towers may exceed the height limitations of this Section by up to 20 feet. 2. Amateur Radio Antenna. In accordance with the preemption ruling PRB1 of the Federal Communications Commission, towers supporting amateur radio antennas that comply with all other requirements of this Section are exempted from the height limitations of this Section up to a total height of 70 feet, provided that such height is technically necessary to receive and broadcast amateur radio signals. 3. Towers and other antenna devices over 60 feet in height which are attached to a structure and not freestanding may be located in residential zoned districts under the following conditions: a. the towers and antennas are located upon existing or proposed structures allowed as principal or conditional uses in the underlying zoning district and/or upon public structures; b. are limited to a height of 15' projecting above the structure. The City Council may permit antenna heights of up to 25' above the structure if the applicant can demonstrate that by a combination of antenna design, positioning of the structure and/or by screening erected or already in place on the structure, that off-site views of the antenna are minimized to accepted levels. 10-29-4: SETBACKS: Towers shall conform with each of the minimum setback requirements: 1. Towers shall meet the setbacks of the underlying zoning district with the exception of industrial zoning districts, where towers may encroach into the rear 39993 6 setback area, provided that the rear property line abuts another industrially zoned property and the tower does not encroach upon any easements. 2. For sites that are adjacent to parcels developed or zoned for residential use, setbacks shall be equal to the height of the tower. 3. Towers shall be set back from all planned public rights of way by a minimum distance equal to one half of the height of the tower including all antennas and attachments. 4. Towers shall not be located between a principal structure and a public street, with the following exceptions: a. In industrial zoning districts, towers may be placed within a side yard abutting an internal industrial street. b. On sites adjacent to public streets on all sides, towers may be placed within a side yard abutting a local street. 5. A tower's setback may be reduced or its location in relation to a public street varied, at the sole discretion of the City Council, to allow the integration of a tower into an existing or proposed structure such as a church steeple, light pole, power line support device, or similar structure. 6. In a residential district, the required setback for antenna and tower not rigidly attached to a building, shall be equal to the height of the antenna and tower. Those antennas and towers rigidly attached to a building, and whose base is on the ground, may exceed this required setback by the amount equal to the distance from the point of attachment to the ground. 10-29-5: TOWERS IN RESIDENTIAL ZONING DISTRICTS: Towers in the residential zoning districts are subject to the following restrictions: 1. Towers supporting amateur radio antennas and conforming to all applicable provisions of this Code shall be allowed only in the rear yard of residentially zoned parcels. 2. Towers supporting commercial antennas and conforming to all applicable provisions of this Code shall be allowed only in the following residentially zoned locations: a. Church sites, when camouflaged as steeples or bell towers; b. Park sites, when compatible with the nature of the park; and 39993 7 c. Government, school, utility, and institutional sites. 3. Only one tower shall exist at any one time on any one residential parcel. 10-29-6: LIGHTING: Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. When incorporated into the approved design of the tower for camouflage purposes, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower. 10-29-7: SIGNS AND ADVERTISING: No signage, advertising or identification of any kind intended to be visible from the ground or other structures is permitted, except applicable warning and equipment information signage required by the manufacturer or by Federal, State, or local authorities. 10-29-8: ACCESSORY UTILITY BUILDLNGS: All utility buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the underlying zoning district. Ground mounted equipment shall be screened from view by suitable vegetation, except where a design of non-vegetative screening better reflects and complements the architectural character of the surrounding neighborhood. 10-29-9: DESIGN STANDARDS: Proposed or modified towers and antennas shall meet the following requirements: 1. Towers and antennas (including antenna cables) shall be designed to blend into the surrounding environment to the maximum extent possible as determined by the City staff, through the use of building materials, colors, texture, screening, landscaping, and other camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration; 2. Commercial wireless telecommunication service towers shall be of a monopole design unless the City Council determines that an alternative design would better blend in to the surrounding environment; 10-29-10: CO-LOCATION REQUIREMENT: All personal wireless communication towers erected, constructed, or located within the City shall comply with the following requirements: 1. A proposal for a new commercial wireless telecommunication service tower shall not be approved unless the City Council finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or 39993 8 approved tower or building within a one mile search radius (one half mile search radius for towers under 120 feet in height, one quarter mile radius for towers under 80 feet in height) of the proposed tower due to one or more of the following reasons: a. The planned equipment would exceed the structural capacity of the existing or approved tower or building as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost. b. The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified and licensed professional engineer and the interference cannot be prevented at a reasonable cost. c. Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer. d. Other unforeseen reasons that make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower or building 2. The applicant must demonstrate that a good faith effort to co-locate on existing towers and structures was made, but an agreement could not be reached. 3. Any proposed commercial wireless telecommunication service tower shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least two additional users if the tower is over 100 feet in height or for at least one additional user if the tower is over 60 feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights. 10-29-11: TOWER CONSTRUCTION REQUIREMENTS: All towers erected, constructed, or located within the City, and all wiring therefore, shall comply with the requirements of Chapter 7, Title 4 of the Burnsville City Code. 10-29-12: ANTENNAS MOUNTED ON ROOFS, WALLS, AND EXISTING _ TOWERS: The placement of wireless communication antennas on roofs, walls, and existing towers may be approved by the City, provided the antennas meet the requirements of this Code, with a Building Permit approved by the appropriate City staff. In addition to the submittal requirements required elsewhere in this Code, an application for a Building Permit for antennas to be mounted on an existing structure shall be accompanied by the following information: 39993 9 1. A site plan showing the location of the proposed antennas on the structure and documenting that the request meets the requirements of this Code; _ 2. A building plan showing the construction of the antennas, the proposed method of attaching them to the existing structure, and documenting that the request meets the requirements of this Code; 3. A report prepared by a qualified and licensed professional engineer indicating the existing structure or tower's ability to support the antennas; and 4. An intermodulation study to ensure there will be no interference with existing = tenants or public safety telecommunication providers. 10-29-13: EXISTING ANTENNAS AND TOWERS: Antennas and towers in residential districts and in existence as of the effective date of this Ordinance which do not conform to or comply with this Section are subject to the following provisions: 1. Towers may continue in use for the purpose now used and as now existing but may not be replaced or structurally altered without complying in all respects with this Section. 2. If such towers are hereafter damaged or destroyed due to any reason or cause whatsoever, the tower may be repaired and restored to its former use, location and physical dimensions upon obtaining a building permit therefore, but without otherwise complying with this Chapter, provided, however, that if the cost of repairing the tower to the former use, physical dimensions, and location would be fifty percent or more of the cost of a new tower of like kind and quality, then the tower may not be repaired or restored except in full compliance with this Chapter. 10-29-14: ABANDONED OR UNUSED TOWERS OR PORTIONS OF TOWERS: Abandoned or unused towers or portions of towers and accompanying accessory facilities shall be removed as follows: 1. All abandoned or unused towers and associated facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the City. If the tower is leased, a copy of the relevant portions of a signed lease which requires the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application. In the event that a tower is not removed within 12.months of the cessation of operations at a site, the tower and associated facilities may be removed by the City and the costs of removal assessed against the property. 39993 10 2. Unused portions of towers above a manufactured connection shall be removed within six months of the time of antenna relocation. The replacement of portions of a tower previously removed requires the issuance of a new conditional use permit. 3. After the facilities are removed, the site shall be restored to its original or an improved state. 10-29-15: INTERFERENCE WITH PUBLIC SAFETY TELECOMMUNICATIONS: No new or existing telecommunications service shall interfere with public safety telecommunications. All applications for new service shall be accompanied by an intermodulations study which provides a technical evaluation of existing and proposed transmissions and indicates all potential interference problems. Before the introduction of new service or changes in existing service, telecommunication providers shall notify the City at least ten calendar days in advance of such changes and allow the City to monitor interference levels during the testing process. 10-29-16: ADDITIONAL SUBMITTAL REQUIREMENTS: In addition to the information required elsewhere in this code in an application for a Building Permit for towers and their antennas, applications for towers shall include the following supplemental information: 1. A report from a qualified and licensed professional engineer which does the following: a. describes the tower height and design including a cross section and elevation; b. documents the height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas c. describes the tower's capacity, including the number and type of antennas that it can accommodate; d. documents what steps the applicant will take to avoid interference with established public safety telecommunications; and e. demonstrates the tower's compliance with all applicable structural and — electrical standards and includes and engineer's stamp and registration number; 2. For all commercial wireless telecommunication service towers, a letter of intent committing the tower owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and 39993 11 conditions for shared use and so long as there is no negative structural impact upon the tower, and there is no disruption to the service provided; 3. Before the issuance of a building permit, the following supplemental information shall be submitted: — a. written statements from the Federal Aviation Administration, Federal Communications Commission, and any appropriate state review authority — stating that the proposed tower complies with regulations administered by that agency or that the tower is exempt from those regulations. b. a report from a qualified and licensed professional engineer which demonstrates the tower's compliance with the aforementioned structural and electrical standards. 10-29-17: SATELLITE DISHES: (A) All Districts. The following standards apply to all permitted accessory use satellite dishes, TVROs two (2) meters or less in diameter: 1. Shall not be erected in any required yard (except a rear yard) or within public or private utility and drainage easements, and shall be set back a minimum of three (3) feet from all lot lines; 2. Guy wires or guy wire anchors shall not be erected within public or private — utility and drainage easements, and shall be set back a minimum of one (1) foot from all lot lines. (B) Residential District Standards. Single satellite dish TVROs greater than one (1) diameter may be allowed as a conditional use within the residential zoning districts of the City and shall comply with the following standards: — 1. The lot on which the satellite dish antenna is located shall be of sufficient size to assure that an obstruction-free receive window can be maintained with the limits of the property ownership; 2. Except where the antenna is screened by a structured exceeding the antenna — height, landscape buffering and screening shall be maintained on all sides of the satellite dish antenna in a manner in which growth of the landscape elements will not interfere with the receive window; 3. The satellite dish antenna is not greater than three (3) meters in diameter; 39993 12 4. The conditional use permit provisions of this Chapter are considered and determined to be satisfied. (C) Business District Standards. Satellite dish antennas in excess of two (2) meters in diameter are allowed as a conditional use within the B-1, B-2, B-3, and B-4 districts of the City and shall comply with the standards set for in Section 10-29-17(B). (D) Industrial District Standards. Commercial, private and public satellite dish transmitting or receiving antennas in excess of two (2) meters may be allowed as a conditional use within the I-1, I-2, and I-3 Districts of the City and shall comply with the following standards: 1. The lot on which the satellite dish antenna is located shall be of sufficient size to assure that an obstruction free transmit-receive window or windows can be maintained within the limits of the property ownership; 2. Except where the antenna is screened by a structure exceeding the antenna height, landscape buffering and screening shall be maintained on all sides of the satellite dish antenna in a manner in which growth of the landscape elements will not interfere with the transmit-receive window. 3. The conditional use permit provisions of this Title are considered and determined to be satisfied. 10-29-18: VIOLATIONS: Any person who shall violate any of the provisions of this Section shall be guilty of a misdemeanor. Section 2. Section 10-12-1(C) of the Burnsville City Code is amended to read as follows: (C) No structure or building shall exceed thirty feet (30') in height except as provided in _ Chapters 7 and 29 of this Title. Section 3. Section 10-12-3 of the Burnsville City Code is amended by adding the — following as a permitted accessory use: Single satellite dish TVROs one (1) meter or less in diameter as regulated in Chapter 29 of this Title. Towers supporting amateur radio antennas as regulated in Chapter 29 of this Title. Section 4. Section 10-12-4 of the Burnsville City Code is amended by adding the following as a conditional use: 39993 13 Single satellite dish TVROs greater than one (1) meter in diameter as regulated in Chapter 29 of this Title. Towers as regulated in Chapter 29 of this Title Section 5. Section 10-14-1(C) of the Burnsville City Code is amended to read as follows: (C) No structure shall exceed thirty feet (30') in height except as provided in Chapter 29 of this Title and Section 10-7-33. Section 6. Section 10-16-2 of the Burnsville City Code is amended to read as follows: 10-16-2: PERMITTED ACCESSORY USES: (A) Except as provided in Paragraph (B), within any R-3A Medium Density Residential District, the following shall be permitted accessory uses: Accessory uses permitted in the R-2 District with the following exceptions: (B) Exceptions: 1. Day care centers as home occupations with more than three (3) children in a structure with more than two (2) dwelling units is prohibited. 2. Towers supporting amateur radio antennas. Section 7. Section 10-16-5(B) of the Burnsville City Code is amended to read as follows: (B) Structures within the R-3A District shall not exceed thirty five feet (35') in height except as provided in Chapter 29 of this Title. Section 8. Section 10-17-5(B) of the Burnsville City Code is amended to read as follows: (B) Structures within the R-3B District shall not exceed thirty five feet (35') in height, _ `_ accept as provided in Chapter 29 of this Title. ---1-71.11-1::-_ ___ _----- Section _-_-- Section 9. Section 10-18-3 of the Burnsville City Code is amended by adding the following conditional use: 39993 14 Single satellite dish TVROs greater than one (1) meter in diameter as regulated in Chapter 29 of this Title. Towers as regulated in Chapter 29 of this Title. _ Section 10. Section 10-20-1 of the Burnsville City Code is amended by adding the following as a permitted use: Antennas mounted on an existing structure, not exceeding 15 feet above the highest point of the structure, as regulated by Chapter 29 of this Title. Section 11. Section 10-20-2 of the Burnsville City Code is amended by adding the following as a permitted accessory use: Single satellite dish TVROs two (2) meters or less in diameter as regulated in Chapter 29 of this Title. Section 12. Section 10-20-3 of the Burnsville City Code is amended by adding the following as conditional uses: Towers as regulated in Chapter 29 of this Title. Antennas mounted on an existing structure, exceeding 15 feet above the highest point of the _ structure, as regulated by Chapter 29 of this Title. Section 13. Section 10-22A-2 of the Burnsville City Code is amended by adding the _ following as a permitted use: Antennas mounted on an existing structure, exceeding 15 feet above the highest point of the _ structure, as regulated by Chapter 29 of this Title. Section 14. Section 10-22A-3 of the Burnsville City Code is amended by adding the - following as a permitted accessory use: Single satellite dish TVROs two (2) meters or less in diameter as regulated in Chapter 29 of this Title. Section 15. Section 10-22A-4 of the Burnsville City Code is amended by adding the following as conditional uses: Towers as regulated in Chapter 29 of this Title. Antennas mounted on an existing structure, exceeding 15 feet above the highest point of the structure, as regulated by Chapter 29 of this Title. 39993 15 Single satellite dish TVROs greater than two (2) meters in diameter as regulated in Chapter 29 of this Title. — Section 16. Section 10-22A-4 of the Burnsville City Code is amended by deleting the following as a conditional use: Radio and television transmitting tower. Section 17. Section 10-24-1 of the Burnsville City Code is amended by adding the following as a permitted use: Antennas mounted on an existing structure as regulated by Chapter 29 of this Title. Section 18. Section 10-24-2 of the Burnsville City Code is amended by adding the following as a permitted accessory use: Single satellite dish antennas two (2) meters or less in diameter as regulated by Chapter 29 of —this Title. Section 19. Section 10-24-3 of the Burnsville City Code is amended by adding the — — following as a conditional use: — Single satellite dish TVROs greater than two (2) meters in diameter as regulated in Chapter — 29 of this Title. — Towers as regulated in Chapter 29 of this Title. — Section 20. Section 10-26-1 of the Burnsville City Code is amended by adding the _ following as a permitted use: — Antennas mounted on an existing structure as regulated by Chapter 29 of this Title. Section 21. Section 10-26-2 of the Burnsville City Code is amended by adding the following as a permitted accessory use: —_ Single satellite dish TVROs two (2) meters or less in diameter as regulated in Chapter 29 of this Title. —_ Section 22. Section 10-26-3.of the Burnsville City Code is amended by adding the following as a conditional use: —_ Single satellite dish TVROs greater than two (2) meters in diameter as regulated in Chapter 29 of this Title. 39993 16 Towers as regulated in Chapter 29 of this Title. Section 23. Effective Date. This ordinance shall be effective immediately upon its passage and publication. ADOPTED this day of , 19 , by the City Council of the City of Burnsville. CITY OF BURNSVILLE BY: Elizabeth B. Kautz, Mayor ATTEST: Susan P. Olesen, City Clerk 39993 17 -7, CITYOF I -- ,01 • CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Kate Aanenson, Planning Director FROM: Phillip Elkin, Water Resources Coordinator • I DATE: August14, 1996 SUBJ: 1996 Wetland Conservation Act BACKGROUND I I The purpose of this report is to inform you on the 1996 Amendments to the 1991 Wetland Conservation Act. These changes have relaxed the requirements of 2:1 replacement on wetland impacts and make changes to the requirement The City's Wetland Ordinance was approved by the City Council in 1994. These ordinances are written to comply with the 1991 version of the Wetland Conservation Act. The City of Chanhassen has not formally adapted these changes to it's ordinances. However,by approving development plans which incorporate the new rules, the City is legally bound to these amendments. One of these new amendment allows local units of government to develop a comprehensive Wetland Protection and Management Plan (CWPMP) as an alternative to the state's rule. Because the City of Chanhassen has been a leader in recognizing the importance of wetlands,with it's Surface Water Management Plan (SWMP)and wetland inventory maps,the City is in a position to develop it's own wetland laws. The following are some of the significant changes to the Wetland laws. Some of those changes have already been incorporated into plans the City has received this year. 1 Exemptions Deminimis Exemption. The amount of Wetland impacts allowed without replacement has been changed from 400 square feet to; 5 % of the existing wetland, 2,000 square feet, or 400 s.f. whichever is greater. The 2,000 s.f. exemption is cumulative however,and only applies to ag/urban wetlands. This means that once 2000 s.f. of a wetland has been filled, all other impact projects greater than 400 s.f. require mitigation regardless of size. This exemption also does not apply to natural or pristine wetlands. i Replacement standards have been changed to allow for greater flexibility in the 2:1 mitigation requirement. While wetland impacts will still have to be replaced with an equal amount of new — - wetlands, the additional replacement to fulfill the 2:1 mitigation can be made with storm ponds and upland buffers. Existing public road projects which will impact wetlands as a result of upgrading or improving for safety issues will be exempt from wetland replacement by the City. Agricultural Wetlands The new Rules give broader definition top agricultural land. There are also rules exempting so ' land that has previously been drained for farming purposes for more than 20 years. Notice and Appeal procedures , The notice of decision time for local governments has been shortened from 30 days to 10 days. The appeal petition process was also shortened from 30 days to 15 days. RECOMENDATION I I It is City Staff's intention to develop a proposal working with City Council, Planning Commission I' and the newly formed Environmental Committee to write laws and revise the City ordinances. g:\eng\phillip\wetlands\1996wca REVISIONS 11111 I 1 S I 1 1 Detailed Assessment of Amendments to the Minnesota Wetland Conservation Act _ — Provides relief beyond the existing law for: GREATER THAN 80 PERCENT AREAS Deminimis. Exempts 10,000 square feet of wetland types 1, 2, 6, and 7 (except for white - — cedar and tamarack wetlands) regardless of the size of the project, outside of shoreland wetland protection zones defined as 1000 feet from a lake and 300 feet _ from a river or stream. - the local government may increase the deminimis amount to 1000 square feet in greater than 80 percent areas in the shoreland wetland protection zone in areas _ beyond the building setback if the wetland is isolated and is determined to have no surficial connection to the public water. _ * Public Roads. — - The BWSR will replace wetlands drained or filled from the repair, rehabilitation or reconstruction to meet safety or design standards for existing local government public roads. — - allows cash banking for new road projects at a subsidized rate requiring a payment of only twice the land value of the impacted wetland, meaning road authorities would pay about 10% of actual cost. • Replacement. Allows replacement credit for revegetation of farmed wetlands, the installation of upland buffer areas and water quality treatment ponds adjacent to wetlands, and preservation of wetlands restored under expiring conservation easements. (In all counties, not just those with more than 80 percent of wetlands remaining.) • Wetland Planning: may classify wetlands based on a functional assessment, and then: 0 varying the application of sequencing standards; varying wetland replacement standards; and replace wetlands at less than a 1 acre for 1 acre ratio, provided there is no net loss of public values within the plan area; — - allow additional replacement credit for any project that increases the public value of wetlands including those activities on adjacent uplands; - replace wetlands anywhere in the plan area o varying ag exemption standards by applying the type 1 and type 2/6 exemptions to non-ag land. streamlines notification and approval process. !C \ Sequencing: Provides for on-site determination for small projects. (In all counties. not just the greater than 80 percent areas.) • Wildlife Habitat Improvement. Exempts deposition of up to one-half acre of spoil resulting from excavation within a wetland for wildlife habitat improvement purposes. (In all counties, not just the greater than 80 percent areas.) Provides relief beyond the existing law for: AGRICULTURAL ACTIVITIES • Agricultural land is defined more broadly as land used for horticultural, row, close .1 _ grown, pasture, hayland crops, growing nursery stocks, animal feedlots, drainage systems; and associated buildings -- thus expanding application of the ag exemptions. * Exempts type 6 wetlands less than 2 acres, on ag land. • Exempts type 1, type 2 and type 6 parts of larger wetlands on ag land (with an approved conservation plan) to allow for efficient fanning operations. • Drainage exemption *** No agreement yet *** — - Current law allows drainage of wetlands resulting from ditch repair and maintenance activities as long as wetlands that have existed for more than 20 years are not drained. • Allows replacement credit for vegetative restoration of farmed wetlands. Allows replacement credit for maintaining wetlands restored under an expiring — conservation agreement. 2 ' Provides relief beyond the existing law for: SMALL LANDOWNERS & DEVELOPERS • streamlines notification and approval process and provides for on-site sequencing. • exemptions are categorized for easier interpretation. • exempts "accidental" wetlands for private landowners. • exempts repair and updating of existing individual sewage treatment systems as necessary to comply with local, state and federal regulations. • Exempts impacts to all wetlands that have existed for less than 25 years as part of a private ditch maintenance or repair project. • The deminimis exemption (the amount not regulated) is expanded from 400 square feet outside of the shoreland wetland protection zone to: ■In a greater than 80 percent area, 10,000 square feet of wetland type 1, 2, 6 or 7 (except for white cedar and tamarack wetlands); ■In a 50 to 80 percent area, 5,000 square feet of wetland type 1, 2, 6 or 7 (except for white cedar and tamarack wetlands); ■In a less than 50 percent area, 2,000 square feet of wetland types 1, 2 or 6. ■ A 400 square foot deminimis applies within the shoreland wetland protection zone and outside the shoreland wetland protection zone for wetland types not listed above. • The exemption has a cumulative cap set at either the deminimis amount, 5 percent of the wetland owned, or 400 square feet. • Persons proposing to conduct a deminimis activity must contact the BWSR at a toll- free number to obtain information on ways to minimize wetland impacts. • Allows replacement credit for: 1. the installation of upland buffer areas; and 2. the installation of water quality treatment ponds adjacent to wetlands; and 3. for vegetative restoration of farmed wetlands; and 4. for maintaining wetlands restored under an expiring conservation agreement. • Wildlife Habitat Improvement: exempts deposition of up to one-half acre of spoil resulting from excavation within a wetland for wildlife habitat improvement purposes. • A pumping rate and schedule for the Lincoln-Pipestone rural water district is established that will provide and adequate water supply and protection for rare wetlands (calcareous fens) in the area of the Burr Well Field. 3 Provides relief beyond the existing law for: LOCAL GOVERNMENT CONTROL, REGIONALIZATION & FLEXIBILITY _ Allows local governments to adopt local comprehensive wetland protection and management plans which, after a review and approval process by the board of water and soil resources, 1 provide an alternative to the rules governing the act. The plans offer the following specific relief from the rules beyond that provided by changes elsewhere as noted above: - Greater than 80 percent areas gain the following flexibility from doing a plan: ■ Replacement credit may be allowed for any project that increases the — - public value of a wetland, including activities in adjacent uplands; ■ The ag exemptions for types 1,2,6 may be expanded to non-ag land; • The application of sequencing may be varied; and — - ■ Individual impacts may be replaced anywhere within the plan area. —' 50 to 80 percent areas gain the following flexibility from doing a plan: '- - • The replacement ratio is reduced from a minimum of 2:1 to 1:1; _ • The application of sequencing may be varied; and - ■ Individual impacts may be replaced anywhere within the plan area. — less than 50 percent areas gain the following flexibility from doing a plan: • The application of sequencing may be varied; and ■ Individual impacts may be replaced anywhere within the plan area. '- wetland functional assessments must be used as the basis for public value determinations. -� A process is provided concerning the resolution of disputes, and unless the board objects. the plan is deemed approved 60 days after the local government submits it the board. - The local government must adopt the plan as an ordinance. -� state agencies will participate in the planning process. and may only comment on issues outside of their authority if they participate in the planning process from the outset. The BW SR must consider the involvement of a state agency when reviewing their comments. * Counties are given the option of participating in the Wetland Preservation Areas program which provides a property tax exemption to landowners owning wetlands in High Priority Areas as identified in local water plans. The state reimburses the county for the lost tax revenue. Provides relief beyond the existing law for: LOCAL GOVERNMENT LIABILITY PREVENTION Requires the state to pay claims against, and assist in the defense of, the local government if they are properly implementing the law and a court awards a takings or damages claim against �- the local government. c Provides relief beyond the existing law for: PUBLIC ROADS • eliminates the requirement for a replacement plan as the Board of Water and Soil Resources (BWSR) will replace wetlands drained or filled from existing local government public road projects conducted to repair, reconstruct or rehabilitate for safety or design purposes. X allows greater than 80 percent areas to utilize a subsidized cash banking system for new public road projects at a reduced rate requiring a payment of only twice the land _ — value of the impacted wetland (approx. 10 percent of actual cost). Road authorities in other areas may purchase credits at cost. • reduces notification process, provides for on-site sequencing • Allows replacement credit for: 1. the installation of upland buffer areas; and 2. water quality treatment ponds adjacent to wetlands; and 3. for vegetative restoration of farmed wetlands; and 4. for maintaining wetlands restored under an expiring conservation agreement. requires metro road wetland impacts to be replaced in the same county or in the seven county metro area. allows account holders or project sponsors for wetland banking credits to sell or use them as they could prior to the WCA amendment changes. s:relief.WCA BWSR'1J 3-25-96 5 Minnesota Wetland Conservation Act: Wetland Areas 1 , ril RITTSOM ROSEAU ` , MARSHALL KOOCNICNING BELT MI LAKE Of THE WOODS ST.LOUIS POLK PENNINGTON J COOK .._.___________ L', 7.") 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