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04-15-92 Agenda and Packet FILE AGENDA CHANHASSEN PLANNING COMMISSION WEDNESDAY, APRIL 15, 1992, 7:30 P.M. CHANHASSEN CITY HALL, 690 COULTER DRIVE CALL TO ORDER PUBLIC HEARINGS 1. Wetland Alteration Permit to create a Walker NURP pond in a Class B wetland located adjacent to Silver Lake, as part of the process for the final plat of Summit at Near Mountain, Lundgren Bros. Construction. NEW BUSINESS 2. Concept plan and rezoning for a conference/spa center on 19+ acres of property zoned A2, and located at 1350 Flying Cloud Drive (former Assumption Seminary property), Leland Gohlike. OLD BUSINESS 3. Comprehensive Plan Amendment and Zoning Ordinance Amendment Regarding Minimum Lot Size in the Rural Service Area. APPROVAL OF MINUTES CITY COUNCIL UPDATE ONGOING ITEMS ADMINISTRATIVE APPROVALS OPEN DISCUSSION 4. Discussion of Group Homes. 5. Discussion of Amendment regarding Sales of sexually oriented material. 6. Discussion of Highway Corridor Overlay District. ADJOURNMENT C ITY O F PC DATE: 4/15/92 _ CIIANHAS SEN CC DATE: 5/4/92 I , y CASE #: 92-4 WAP By: Olsen:v STAFF REPORT PROPOSAL: Wetland Alteration Permit to Construct a Walker Pond Within the Upland Fringe of a Class A Wetland - Q LOCATION: Summit at Near Mountain V a APPLICANT: Lundgren Bros. CL 935 East Wayzata Boulevard Wayzata, MN 55391 PRESENT ZONING: PUD-R, Planned Unit Development Residential ACREAGE 1 11 Ih ary AemMfst ato DENSITY: Emmet fie ADJACENT ZONING AND � Rejeeted — LAND USE: N - Shorewood; future single family Date 4-1- S - RSF; single family Date Submitted to Commission E - PUD-R; single family I.-" W - RSF; single family Date Submitted to Council d . - Q WATER AND SEWER: Available to the site. W - I.-- PHYSICAL CHARAC;1"ER.: The site is heavily vegetated with very steep slopes and a Class A wetland on the northern edge. The site is between Lotus and Silver Lakes. 2000 LAND USE PLAN: Residential High Density Summit at Near Mountain WAP April 15, 1992 Page 2 BACKGROUND On March 23, 1992, the City Council approved the final plat for Summit at Near Mountain. The applicant is also in the process of receiving approval for final plans and specifications. As the final design of the project has been completed, staff has been able to determine the actual amount of storm water that will be created by the development of the site. This storm water runoff will be entering the Class A wetland located at the north side of the project through the storm water system. With the past additions to Near Mountain and Trappers Pass, storm water has either been contained within ponds on site or it has directly entered the wetland located at the northern portion of the site. Since there was no location on the Summit site for on-site ponding, the option to direct storm water to the wetland was going to be used. Sufficient storage area is available within the wetland due to construction of retention ponds in past Near Mountain developments adjacent this wetland. Once staff saw the amount of storm water runoff that would be entering the Class A wetland (14 acres of storm water runoff) and due to the steep terrain of the site, staff felt it was necessary to provide a ponding area for the runoff to be contained prior to entering the wetland. Staff therefore requested that the applicant provide a NURP pond at the base of the slope and at the edge of the Class A wetland to provide improved water quality prior to entering the Class A wetland. Storm sewers within the proposed development (the Summit at Near Mountain) are also being constructed with sump catch basins to trap larger sediments prior to reaching the NURP pond. ANALYSIS The applicant is proposing to construct a 370' x 65' NURP pond at the base of the steep vegetated slope and at the southerly edge of the Class A wetland. The proposed pond meets the NURP standards for storm water treatment and nutrient removal. Construction of the proposed NURP pond will disturb approximately 0.8 acres, 0.45 acres of which is within the Class A wetland upland fringe. The NURP pond was located where it would have the least impact to the existing slope and mature vegetation, and the least impact to the Class A wetland. The proposed ponding area is being required by staff to prevent detrimental affects to the Class A wetland as a result of direct storm water runoff from the Summit development. Therefore, although there is an area of the wetland fringe that is - being altered with the construction of the pond, the ultimate result of the installation of the pond will be an improvement to the wetland over what was previously proposed. Due to the anticipated poor soils in this area, the pond's slopes of 4 to 1 may not be obtainable. Staff recommends that during the construction process, if the proposed side slopes (4:1) are not obtainable, the slopes should be flattened out and the depth of the pond be increased to approximately 8 feet to compensate for the reduced pond volume with the flatter slopes. A two foot high berm is being constructed along the easterly half of the pond Summit at Near Mountain WAP April 15, 1992 Page 3 in an effort to promote water quality by discharging the water via sheet drainage into the wetland. Erosion control fence Type I is proposed between the NURP pond and the wetland to the north. It is recommended that the applicant be responsible for removal of the erosion control fence once the pond has been re-established with vegetation. STAFF RECOMMENDATION Staff recommends the Planning Commission adopt the following motion: 'The Planning Commission recommends approval of Wetland Alteration Permit #92-4 as shown on the plans dated April 9, 1992, with the following conditions: 1. Due to the anticipated poor soils in this area, the pond slopes of 4:1 may not be obtainable. Staff recommends that during the construction process, if the proposed side slopes (4:1) are not obtainable, the slopes should be flattened out and the depth of the pond be increased to approximately 8 feet to compensate for the reduce pond volume with the flatter slopes. 2. The applicant shall be responsible for removal of the erosion control fence once the pond has been re-established. 3. Staff shall be notified 48 hours prior to initiating construction of the NURP pond and 48 hours after the NURP pond is completed. 4. The applicant will be required to provide as-built plans of the NURP pond." ATTACHMENTS 1. Memo from Dave Hempel dated April 8, 1992. 2. Plans dated April 9, 1992. CITY OF 0104or CHANHASSEN _ 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 — (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Jo Ann Olsen, Senior Planner — FROM: Dave Hempel, Sr. Engineering Technician ZO- DATE: April 8, 1992 — SUBJ: Review of Construction Plans for NURP Pond at Summit at Near Mountain — Wetland Alteration Permit No. 92-4, Project No. 92-4 Upon review of the construction plans prepared by Sathre-Bergquist dated April 7, 1992 for Wetland Alteration Permit No. 92-4, I offer the following comments and recommendations: A preliminary construction plan was also sent to Ismael Martinez at Bonestroo & Assoc. for review. According to Mr. Martinez, the pond appears to be adequately sized from a water quality standpoint. Mr. Martinez' comments are enclosed and — have been incorporated into this review. Since the initial review of the NURP pond by staff, Sathre-Bergquist has resubmitted a revised drawing incorporating some of staff's recommendations contained herein. The attached plan includes — most of the modifications. The following conditions still should be incorporated into the conditions of approval for the wetland alteration permit. 1. Due to the anticipated poor soils in this area, the pond slopes of 4:1 may — not be obtainable. Staff recommends that during the construction process, if the proposed side slopes (4:1) are not obtainable, the slopes should be flattened out and the depth of the pond be increased to approximately 8 — feet to compensate for the reduced pond volume with the flatter slopes. 2. A 2-foot high berm is being constructed along the easterly half of the _ pond in an effort to promote water quality by discharging the water via sheet drainage into the wetland. Erosion control fence (Type I) is proposed between the NURP pond and the wetlands to the north. It is recommended that the applicant be responsible for removal of the erosion — control fence once the pond has been re-established with vegetation. ktm c: Charles Folch, City Engineer Ismael Martinez, BRA Ilk _ t 4, PRINTED ON RECYCLED PAPER Otto G Bonewroo.PE Keeh A Gordon.PE. James R Maland.PE Rene C Plumart.A I A ..._ n Bonestroo JosephinL Sorvala.FEE Jerry A Bourdon PE Mark Richard W Foster.PE Kenneth�Anderson.PE Jeres M Ring A IC rry D tzsch PE P MRichard E Turner.PE Mark A Hanson.PE Thomas E Angus.PE Cecmo Oliveri .PE Rosene Glenn R Cook.PE David O Loskota.PE Danel J Edgerton.PE Gary W Monen.PE Anderlik & Thomas E Noyes PE Robert C Russek.MA Mark A Seip.PE Karen L Wiemer.PE •—• VI Robert G Schunrcnt,PE Howard A Sanford.PE Phrlrp.1 Caswell.PE Keith R rape.PE Susan M Ebenm.C PA Donald C Burgardt.PE Ismael Martinez PE . Michael P Rau.PE Associates Ted K Field.PE Mark D Wall's.PE Charles A Erickson Michael T Rautmann.PE Thomas R Anderson.ALA Leo M.Paweldky Robert R Pfefferle.PE Gary F Rytander.PE Hanan M Olson — Engineers & Architects Thomas W Peterson.PE Miles B Jensen.PE Michael C.Lynch.PE L Philip Gravel Ill.PE MEMO TO: Jo Ann Olsen, City of Chanhassen Fax No. 937-5739 _ FROM: Ismael Martinez ,, ,//--7--/-7 DATE: April 7, 1992 _ Re: The Summit At Near Creek Mountain File No. 393Gen — BACKGROUND We have performed a storm water and water quality review of the proposed development-- The Summit At Near Creek Mountain development.This analysis concentrates mainly in the review of the proposed NURP pond design as shown in the map drawings and design — calculations dated.March 30, 1992, as submitted by Sathre-Bergquist, Inc. Comments were given previously to Dave Hemphill regarding the overall characteristics of the development. — The NURP pond will be built in an existing wetland located downstream from the proposed development. — ASSUMPTIONS The proposed ponds as shown in the plans will have the following parameters: Bottom Elev 893.0 — NWL 899.0 HWL Same as wetland Maximum depth 6' — Drainage area 14 Acres Wet Volume 2.2 AF The construction of the pond will require excavation in order to obtain the bottom elevations shown above in an area where the soils are expected to be peat and muck. 2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600 RESULTS We performed an analysis considering the assumptions mentioned above. The proposed ponds meets the treatment/nutrient removal criteria and can work without any significant modifications. COMMENTS The side slopes of the proposed pond consist of 4' horizontal at 10H:1V. The NURP criteria recommends benching of the first vertical 2' at a 10:1 slope for safety purposes.Due to the fact that the pond will be built in an open area in the wetland and any change in size would significantly affect the wetland vegetation. We recommend 1' vertical of benching at a 10:1 slope. This bench which result in 10' horizontal of emergent vegetation hopefully cattails. A cattail barrier or any other emergent vegetation would provide additional skimming. If the soil consists of peat and muck it will be very unlikely that the side slopes would stand at 3H:1 V. In the event that a 4:1 (bottom width will be 5') is not feasible the pond would significantly loose wet volume capacity for treatment. The City should certify during the construction stage what side slopes are feasible and determine what the maximum depth could be to estimate the level of treatment and the need to expand the length required. — The plans do not specify the type of outlet, although it can be assumed that there will be by creating some sheet flow in the entire length of the pond. We recommend to define the location of the outlet preferable in the opposite side of the inlet. A 20 foot long cutoff can serve as an outlet either by leaving a bump along the pond to an elevation of 899.5 or by lowering the wall to elevation 898.5 (assuming that the Normal Water Level is 899.0) at the outlet location. If you have any comments please give me a call at 636-4600. _ Have a nice day ! ORO G Borestroo.PE Keith A Gordon.PE James R Maland.PE. Rene C Plumart.Ai A — Bonestroo Joseph C Anderlik.P.E. Richard W Foster.PE. Kenneth P Anderson.P.E Agnes M Ring.A.IC P Marvin L Sorvala.PE Jerry A Bourdon.PE Mark R.Roth.PE Jerry D Pertzscn.PE Rosene Richard E Turner PE Mark A Hanson.PE Thomas E Ang.L PE Cecil*Olivier.PE Glenn R Cook.PE David 0 Loskota.PE Daniel J Edgerton PE Gary W Morren,PE • Anderlik & Thomas E.Noyes PE Robert C Russek.AIA. Mark A Seip PE. Karen L Werner,.PE Robert G Schunicht.PE Howard A Sanford.PE Philip J Caswell.PE Keith R Yapp.PE Susan M Eberlin.C PA Donald C Burgardt.PE Ismael Martinez.PE. Michael P Rau.PE Associates Ted K Field.PE. Mark D.Wallis.PE Charles A Erickson Michael T Rautmann.PE Thomas R Anderson.ALA Leo M Pawelsky -- Engineers & Architects Thomas W Peterson.PE Miles B Rylander.ns Jensen. Harlan M Olson Michael C Lynch.PE L Phdrp Gravel W.PE MEMO TO: Jo Ann Olsen, City of Chanhassen Fax No. 937-5739 FROM: Ismael Martinez ."Z: //7—� DATE: April 7, 1992 Re: The Summit At Near Creek Mountain File No. 393Gen • BACKGROUND We have performed a storm water and water quality review of the proposed development-- The Summit At Near Creek Mountain development.This analysis concentrates mainly in the review of the proposed NURP pond design as shown in the map drawings and design calculations dated March 30, 1992, as submitted by Sathre-Bergquist, Inc. Comments were given previously to Dave Hemphill regarding the overall characteristics of the development. The NURP pond will be built in an existing wetland located downstream from the proposed development. ASSUMPTIONS The proposed ponds as shown in the plans will have the following parameters: Bottom Elev 893.0 NWL 899.0 HWL Same as wetland Maximum depth 6' Drainage area 14 Acres Wet Volume 2.2 AF The construction of the pond will require excavation in order to obtain the bottom elevations shown above in an area where the soils are expected to be peat and muck. 2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600 RESULTS We performed an analysis considering the assumptions mentioned above. The proposed ponds meets the treatment/nutrient removal criteria and can work without any significant modifications. COMMENTS The side slopes of the proposed pond consist of 4' horizontal at 10H:1V. The NURP — criteria recommends benching of the first vertical 2' at a 10:1 slope for safety purposes.Due to the fact that the pond will be built in an open area in the wetland and any change in size would significantly affect the wetland vegetation. We recommend 1'vertical of benching at — a 10:1 slope. This bench which result in 10' horizontal of emergent vegetation hopefully cattails. A cattail barrier or any other emergent vegetation would provide additional skimming. — If the soil consists of peat and muck it will be very unlikely that the side slopes would stand at 3H:1 V. In the event that a 4:1 (bottom width will be 5') is not feasible the pond would — significantly loose wet volume capacity for treatment. The City should certify during the construction stage what side slopes are feasible and determine what the maximum depth could be to estimate the level of treatment and the need to expand the length required. The plans do not specify the type of outlet, although it can be assumed that there will be by creating some sheet flow in the entire length of the pond. We recommend to define the — location of the outlet preferable in the opposite side of the inlet. A 20 foot long cutoff can serve as an outlet either by leaving a bump along the pond to an elevation of 899.5 or by lowering the wall to elevation 898.5 (assuming that the Normal Water Level is 899.0) at the — outlet location. If you have any comments please give me a call at 636-4600. Have a nice day ! _ CITY OF PC DATE: 4/15/92 \ 1CIIA1HAEI'T CC DATE: 5/11/92 CASE #: 92-5 PUD B : Al-Jaff Krauss:v STAFF REPORT PROPOSAL: Concept Approval for Rezoning of Property from A-2, Agricultural Estate to PUD, Planned Unit Development-Spa/Conference Center Z LOCATION: Located south and west of Assumption Creek, and north of Flying — Q Cloud Drive (Highway 212) J APPLICANT: Leland Gohlike — 0. 11661 Myeron Road Stillwater, MN 55082 PRESENT ZONING: A-2, Agricultural Estate ROM by eft Aeminrsrrxot Odors*, Pt- - ACREAGE: Approximately 19 acres ✓ 3%.) _ ADJACENT ZONING ANDD LAND USE: N - A-2; Assumption Creek Dote Submitted to Commission S - A-2; Highway 212 - Flying Cloud Drive •_ E - A-2; Assumption Creek Submitted to Good! W - A-2; Corn Field _ Q WATER AND SEWER: Unavailable to site. An on-site sewage treatment system was built in late 1960s. Approval of the PUD is dependant upon capacity of the system since municipal — , utilities will not be available in the foreseeable future. Q W PHYSICAL CHARACTER.: Three existing buildings and a utility garage occupy the site. The westerly portion of the site is currently being farmed and contain corn fields. A Calcareous — ' Fen which is a partially wet low land occupies the northwest portion of the site. A (I'S designated trout stream, protected by DNR, runs along the north side of the property. 2000 LAND USE PLAN: Consistent with the historical use of the building, no designated change in land use. I ilhih\:111- °\ 0 'LI s. •' ‘x' • . ,1111k i • . .--7 . .•" lift * I lam A `,• s i 1d3 -, gli. %' cor 4 _______ _ ___4_ im 5arqb hk . ______i. i libNgm IA 1 - , 41/Witil C Ari ' < . 1 Z I - ME am a I I 4 I 1 )1, I IMP .°.'4& I _ r fk 141‘ 0 1 I '.- . .. .CL1 41 I S%° ckl kl P 44'4 _ . , ________ -1 0 4eIIII °Io'''''‘ W1 � � V ,\ ,,-- -1 A x , , . , . , ik • s : Z` rE- �� 0,. . ___ M ___V Q— \A II - 0-----t, i \ _ ju, iiiiiiiii • ", ,.--;, L--) , ok, s AIII ate. ,' \\\ I i . , _ _, \ ..r---- • . • . lip -./ L.\ - r' Conference/Spa Center April 15, 1992 Page 2 PROPOSAL/SUMMARY The applicant is requesting PUD concept plan approval to renovate the former Assumption Seminary/Mudcura Sanitarium. Proposed uses of the site include historically consistent renovation of the main building as a business retreat and conference center, wedding reception banquet hall and small spa hotel for weekend getaways. The site is a historically significant one located in the Minnesota River Valley. It was originally built in 1908 as the Mudcura sanitarium offering mud treatments until the late 1940s. From 1951 through 1970, it was operated as a seminary accommodating 50 to 60 students and up to 10 staff people. Since that time, the building has been vacant and its condition has steadily declined. In recent years, vandalism has caused a significant safety hazard and keeping the site secured has been a major concern of the city. Over the years there have been many proposals to renovate this property, but most have turned out to be unrealistic particularly when the cost of renovation is factored in. At the same time, all those involved with the property acknowledge that it would take an unusual type of user to make an effective use of this property. In addition, since there are no public utilities to the property and are not likely to be any in the foreseeable future, there are significant limitations as to what can be accommodated on this site due to operational constraints and limitations of on-site treatment, as well as various ordinances that come into play. Against this background, staff began to work with Mr. Gohlike on this site approximately two years ago. The applicant operates two similar establishments, one in Stillwater and the other in Wisconsin, and has a proven track record in this area. During that time, he acquired title to the site and has undertaken extensive work in preparing conceptual designs for the property and plans for his future business. Staff is quite excited by this proposal. We believe that the applicant is proposing a reasonable use for the site that can be accommodated within its limitations. It may well be the last chance to save this historic structure. There is also the potential that this project has for converting an eyesore and public safety hazard into a highly visible amenity for the community. Plans call for converting the main building into a spa hotel and conference center. It is proposed that there would be 44 overnight guest rooms on upper floors as well as 16 day _ spa treatment rooms. Six relatively small conference rooms would be available ranging in size from 400 to 4,000 square feet. There would also be two dining or banquet areas. The single family home that was built by the original Mudcura owner would be restored and used as a bed and breakfast facility. Other buildings on the site would be restored as well for a variety of uses. Conference/Spa Center April 15, 1992 Page 3 — It is proposed that the project be developed in phases over a period of two years. All the building's exterior walls and houses, as well as the surrounding grounds, will be cleaned out — in the first phase. Also included in the first phase is landscaping the entire site and remodeling the first and ground level floors of the seminary building. Some internal improvements to the second and third floor will take place in the first phase, such as — sprinkling the building, installing all utilities, and windows. The applicant is hoping to start operation of the meeting space and banquet facilities in the front wing by October of 1992. - Another step that will be included in the first phase is the applicant's attempt to have the — site listed on the National Register of Historic Places. The sole access to this property is via Highway 212 (Flying Cloud Drive). Currently, there — are three access driveways to the site. One driveway is located to the east of the property, south of the most easterly existing house (proposed caretaker house). The remaining two driveways are located south of the main building. Those two driveways will be eliminated due to inadequate sight visibility. A new driveway will be introduced to the west of the existing driveways. A right turn lane and left bypass lane on Highway 212 are being proposed to accommodate turning movements and ensure safe and easy access to the site. Staff will be working with the applicant and MNDOT to ensure that any necessary improvements to Hwy. 212, including the provision of turn lanes, will be constructed — concurrently with site development. The most sensitive environmental areas are located along Assumption Creek, a designated — trout stream, and the northwest portion of the site occupied by a calcareous fen. The fen is a partially wet low land with soils containing calcium. Numerous streams spring from the fen area and ultimately feed into the trout stream (Assumption Creek). It is an extremely — rare natural formation. The creek is the only remaining designated trout stream in the seven county metropolitan area. The trout present in the creek are a native brook trout. These areas will be preserved and staff is working with the applicant to protect them. Staff — has walked the site with representatives of the DNR, U. S. Fish and Wildlife Service and the developer. We believe that the concept plan is sensitive to protecting these areas and will be working with these agencies to ensure that their concerns are addressed. A major issue concerns the on-site sewage treatment system. The existing sewage treatment system was built in late 1968. The capacity of the existing system remains unknown. Efforts will need to be coordinated with other involved agencies to ensure that the design is acceptable. Staff has informed the developer that we will require that this system be designed to a standard acceptable to the Minnesota Pollution Control Agency and the DNR — due to its close proximity to Assumption Creek and to ensure the quality of the water in the creek. We recognize that the use of large on-site systems is normally discouraged by City Code and Metropolitan Council policies. However, this is a unique situation where use of on-site disposal is the only means of preserving a historic structure. While the matter is being further researched, at this point we believe all concerns can be addressed. — Conference/Spa Center April 15, 1992 Page 4 Staff believes that the utilization of the PUD Ordinance to develop this property is an ideal use for this type of project. Under current ordinances, some of the proposed uses are permitted in the Agricultural Estate District such as the bed and breakfast facilities. The PUD Ordinance will provide a framework against which all future improvements and developments on this property will be gauged. Keeping in mind that what we have before us is a concept submittal, we believe that most of the development issues have been dealt with on at least a preliminary basis and can be refined further when formal application - requests are made. Staff recommends that the PUD concept review be approved subject to appropriate conditions. HISTORICAL BACKGROUND The Mudcura Sanitarium/Assumption Seminary building was constructed in 1908-1909 after Dr. Henry Fischer, the owner of the property, discovered a sulphur spring on the site. He conceived the idea that sulphur must have positive and valuable curative powers and set out to build a facility to practice his methods of healing. Those methods meant one or two weeks of mud wraps, baths and massages. Medical and electrical treatment were also available. It was believed that those treatments would help heal arthritis, rheumatism, stomach and liver ailments. The Mudcura Sanitarium was opened on July 26, 1909, with room for 40 patients. In 1911, Dr. Fischer's residence was built, and in 1912, the back part of the main building was added on, three stories high, and a third story was added to the front part. A 26 room dormitory was built in 1913, bringing the capacity of the sanitarium to 100 patients. The reputation of the sanitarium attracted people from all over the nation as well as some foreign countries in Europe to seek treatment at Mudcura. Dr. Fischer died in 1941. His wife and children took over the operation of Mudcura. In 1951, the property was deeded to the Province of Our Lady of Consolation, Inc. The Province of Our Lady of Consolation was the corporate name for the provincial Franciscans, who set up Assumption Seminary and College on the property. They taught philosophy and theology, college courses, as well as regular seminary courses. The barn located to the south of Hwy. 212, was also part of the seminary, and the property was managed as a dairy farm by 2 to 4 Franciscan brothers and students helping out with the chores. The main building housed 50-60 students, 9-10 teaching staff, the brother in charge of the farm and those who worked the farm. Conference/Spa Center April 15, 1992 Page 5 — The opening of a new Franciscan retreat house in Prior Lake in 1965 spelled the end for the seminary operation. Personnel were gradually moved to the new facility and the — Assumption Seminary closed in 1970. In December of 1970, the property was sold to the Marian Council Home Association. As — soon as the Franciscans moved out, the property started to deteriorate rapidly. The first winter, all the water pipes in the building froze and burst. The Marian Council sold the property in 1976 to the Chanhassen Springs Co. Vandalism contributed to the deterioration of the property to a point that the City Council declared the site a health and safety hazard. Many parties approached the city interested — in renovating the seminary building but because the site does not have access to sewer and water, which in turn limits the types of uses on the property, those proposals were dropped. In 1989, the Chanhassen Fire Department used a controlled fire burn to burn down the dormitory building. In 1990, the applicant purchased the property on a contract for deed. He has developed a similar project in Stillwater called the Outing Lodge at Pine Point. The lodge is an 1858 — farm house that was converted into a bed and breakfast style conference center. This proposal would be similar to the Outing Lodge at Pine Point, but on a larger scale. CONCEPTUAL SITE PLAN APPROVAL General Site Plan/Architecture — The main building which is approximately 42,500 square feet in size is located north of Hwy. 212 and east of the proposed parking lot. This building will be the focus of most activities — including the spa, wedding reception banquet hall, business retreat, etc. The building is constructed in a "U" shape and has a brick facade. It is proposed that a glass wall and roof be added to create an enclosed atrium between the two wings at the back of the building. This addition is expected to have energy conservation benefits as well as being visually pleasing. The building is three stories high with a walkout basement. There are two porches on both the east and west side of the building. A front porch existed up to the time when the Franciscans occupied the site. This front porch was torn down around 1952. The existing modern brick entry is proposed to be removed and the more classical pillared entry seen in 1915 photos will be rebuilt. The utility garage has a brick facade as well. The applicant recently installed a new roof to protect it from the elements. It is proposed to be restored to its original condition. This — building is proposed to be utilized as a car museum. Conference/Spa Center April 15, 1992 Page 6 The two houses are located south of Assumption Creek and north of Hwy. 212. Both houses are in need of repair. The applicant has already started some renovation work on the houses and is planning on restoring them to their original condition. The house located to the far east of the property will be utilized as a caretaker residence. The second house is proposed to.be converted into a bed and breakfast facility. A 20 space parking lot is proposed south of the utility garage between the two houses. All of the structures and parking lots are proposed to be screened by hedges, trees, arbors, etc. A more detailed landscaping plan will have to be submitted when a formal application request is submitted. The west portion of the site is currently used agriculturally, corn fields cover most of that portion of the site. The farmed area is proposed to be converted into a 217 space parking lot, serving the main building. The easterly half of the proposed parking lot is proposed to be lighted and paved to accommodate approximately '105 cars. The westerly half is proposed to remain unpaved to be used as an overflow lot. The capacity of the unpaved lot is 112 cars. All parking lots will be required to be paved and provided with proper drainage controls and parking requirements will be established based upon final plans. An existing tennis court, located to the southwest corner of the building, is over grown with weeds. The applicant is proposing to restore the court. A small golf course is proposed on the northwest corner of the property. A calcareous fen _ occupies this portion of the site. Staff is strongly opposed to any activities within this area that would require grading or cause changes to the characteristics of the fen. Two sulphur springs were located to the north of the site. Pagodas sheltered the springs in the past. We have no record as to when the pagodas were removed. The applicant is proposing to restore the pagodas. The DNR staff visited the site with city staff and is fully aware of the proposed activities and development on the site. The restoration of the pagodas and construction of trails that lead to the pagodas is acceptable, however, trails proposed along the west edge of the site must be eliminated as they encroach into the fen area. At this stage, only the concept of the Planned Unit Development proposal is being considered. Staff believes that this proposal is a sound one if the size of the on-site sewage treatment system (which will be addressed later in the report) can handle the type of proposed uses. The details of the proposal will be worked out at the time when the official application request is submitted. Street/Access The site is being accessed off of Hwy. 212 (Flying Cloud Drive). Currently, there are three access driveways to the site. One driveway is located to the east of the property, south of Conference/Spa Center April 15, 1992 Page 7 — the most easterly existing house (proposed caretaker house). This driveway will be utilized to access the two houses and the car museum. Service trucks approaching the main building will utilize this driveway as well. The remaining two driveways are located south of the main building. These two driveways will be eliminated due to inadequate sight distance. A new driveway will be introduced to the west of the existing driveways. It is recommended that all driveways be paved with asphalt or concrete to help reduce erosion and maintenance. The applicant has been working closely with the Minnesota Department of Transportation. As per MNDot's recommendation, a right turn lane and left bypass lane on Hwy. 212 are being proposed to accommodate turning movements and ensure safe and easy access to the site. The traffic volumes currently using Hwy. 212 are high. Once the new proposed Hwy. 212 is completed, traffic volumes will decrease dramatically. Staff will be working with the applicant to ensure that any necessary improvements to Hwy. 212, including the provision of turn lanes, will be constructed concurrently with site development. A traffic study should be prepared to determine what types of turn lanes will be required — to handle anticipated traffic volumes generated by this proposal. Wetland/Creek Preservation Staff accompanied the DNR staff to the subject site to get their input and to study the site _ in-depth. The northwest portion of the site contains a calcareous fen. Calcareous fens are probably _ the rarest wetland plant communities in North America. The integrity of this area must be preserved and maintained. Vegetation covering this area must remain undisturbed. The Minnesota Wetland Conservation Act of 1991 requires all work that may affect — calcareous fens to be approved by the Commissioner of Natural Resources. The DNR memo offers the following conditions to protect the fen: a. The restoration of the existing spring box, the pagoda and the bridge that leads to them could be permitted if the work was done carefully. The applicant would need to submit a more detailed plan (drawn to scale) to the DNR for review of any — proposed improvements in the fen. The construction of the golf course, walking paths, and landscaping would not be allowed within the fen. b. The excavation of material from the fen will not be allowed. Staff recommends an easement be reserved over the fen area to preserve and protect the — fen. Conference/Spa Center April 15, 1992 Page 8 Numerous streams spring from the fen area and ultimately feed into Assumption Creek. The creek contains a very small population of native brook trout, which may be the only surviving native population in the Minnesota River Watershed. The DNR offered the following conditions to protect the brook trout and the creek: a. Brook trout require cold, clean water in order to survive. Existing trees that are near Assumption Creek must be left standing in order to shade the creek and prevent sunlight from heating the water. b. Warm storm water from the impervious surfaces of the development could heat the trout stream and make it unsuitable for trout to survive. Pollutants from the storm water runoff could also destroy the trout habitat. All storm water from impervious surfaces in the project site should be routed away from Assumption Creek and fen. c. Warm water from the heat pump could destroy the trout stream. Steps should be taken to ensure that warm water from the heat pump does not reach Assumption Creek. d. Steps should be taken to ensure that effluent from the on-site septic systems does not adversely affect the water quality of the trout stream. Nutrients from the septic systems and from fertilizer, could promote the growth of algae which would make the Assumption Creek unsuitable for trout. The applicant should consult with the DNR Division of Fisheries on all work that will affect Assumption Creek and it's population of brook trout. If the water obtained from the well and from the spring box exceed 10,000 gallons per day or 1 million gallons per year, the applicant will need to obtain a DNR appropriation permit for a private water supply. The developer should note that the effects of withdrawal of water from the spring box and the well will be monitored by the DNR. If the withdrawal of water appears to be adversely affecting the trout stream or the fen, the appropriation of water will be halted. Landscaping/Tree Preservation The landscaping plan is conceptual. All parking lots and buildings are proposed to be buffered by hedges, trees, and an approximately 220 foot long arbor. The applicant's intent is to buffer the site from Hwy. 212 to the best of their capabilities. Staff will require that all landscape buffering be installed in the first phase of development. In general, the more formal landscaping will occur closer to the buildings, and will become more naturalized as it moves toward the spring and fen area. A large number of trees are Conference/Spa Center April 15, 1992 Page 9 — scattered around the site. The applicant intends to leave the existing mature trees and add new specimens. Most of the undergrowth and scrub will be eliminated, however, the area — within and surrounding the fen and Assumption Creek will not be disturbed. The original marble structure located east of the pond is proposed to be restored. A — Japanese garden is proposed near the bridge and waterfall. Formal gardens, and possibly fountains, are proposed to be added at the front of the building with extensive cutting beds in the area between the main building and the doctor's house. — The large sunken lawn area located to the northwest of the main building has a large number of mature trees and is proposed to have flowering shrubs added to its perimeter, with the lawn area remaining open for large lawn parties and receptions. A conservatory/greenhouse with organic vegetable gardens, orchard and berry gardens is proposed to be located north of the parking lot. Staff will require that detailed landscaping plans be submitted with the official proposal. Grading/Drainage — The site plan does not provide proposed or existing ground contours so it is difficult to determine to what extent the site may be altered with expansion. According to the summary — provided by the applicant, almost no change is anticipated to the existing grades except for the parking lots, which are proposed to drain towards Highway 212. Drainage appears to be overland which may be of some concern. The drainage area (impervious surface) is quite — large and will necessitate incorporating storm sewers and retention ponds prior to discharging into MnDOTs ditch or existing drainage ways. Staff recommends that a comprehensive drainage plan be prepared, including implementation of storm sewers and — retention basins. Storm sewer calculations should also be prepared based on a 10-year storm event. Drainage ponds should be constructed to NURP standards. Discharges should be located in a manner sensitive to preserving the trout stream and fen. — Utilities Municipal water and sanitary sewer services are available to this site. Apparently, there is an existing well on the site that will be utilized. The facility will have to provide an acceptable septic system design and location. The larger issue with the on-site sewage treatment system is its capacity. This system was _ designed by McCann & Associates and rebuilt in late 1968. The plans and specifications are being searched at this time. The system was apparently designed to serve 100 full-time residents, however; the applicant must demonstrate that the system meets current code. — Conference/Spa Center April 15, 1992 Page 10 The applicant and staff have been discussing this matter actively since the applicant first approached the city with his proposal. As a condition of concept approval, the applicant should be required to demonstrate that the facility will have an acceptable septic system design and location. Park and Recreation The Park and Recreation Commission reviewed the proposal on March 24, 1992. This proposal does not include the subdivision of property. This prohibits the Park and Recreation Commission from requiring park land dedication, construction of trails, or payment of fees in lieu of dedication and construction. However, the Park and Recreation Commission have very strong feelings regarding the preservation of the creek located on the property. The Commission expressed a desire to let it be known that they are in favor of leaving the creek untouched as it is found today. They are opposed to any modification or clearing of the stream or its banks due to the potential impact this would have on this very small and sensitive ecosystem. REZONING The applicant is requesting to rezone approximately 19 acres from A-2, Agricultural Estate District to PUD, Planned Unit Development. The following review constitutes our evaluation of the PUD request. The review criteria are taken from the intent section of the PUD Ordinance. Justification for Rezoning to PUD Section 20-501. Intent _ Planned unit development developments offer enhanced flexibility to develop a site through the relaxation of most normal zoning district standards. The use of the PUD zoning also allows for a greater variety of uses, internal transfer of density, construction phasing and a potential for lower development costs. In exchange for this enhanced flexibility, the city has the expectation that the development plan will result in a significantly higher quality and more sensitive proposal than would have been the case with other more standard zoning districts. It will be the applicant's responsibility to demonstrate that the city's expectations are to be realized and evaluated against the following criteria: Planned unit developments are to encourage the following: Conference/Spa Center April 15, 1992 Page 11 _ FINDING: In this proposed development, the applicant intends to preserve the existing mature trees on the site and along Assumption Creek. The fen area will also — remain undisturbed. 2. More efficient and effective use of land, open space and public facilities through mixing of land uses and assembly and development of land in larger parcels. FINDING: The subject property is triangular in shape, bounded by the creek and Hwy. 212. The shape of the property prohibits design flexibility that one could find with a flat square piece of property. The advantage in the PUD proposal is that the city is gaining a totally planned concept. If this were to developed separately as — individual parcels,many of these design considerations would not be included. These design elements include an approved sign package, uniform street and parking lot lighting, use of historically consistent architecture. Currently, the buildings sit idle, — creating an eyesore and a safety hazard. Through the PUD proposal, the entire site will be cleaned up and restored. 3. High quality design and design compatibility with surrounding land uses, including both existing and planned. Site planning, landscaping and building architecture should reflect higher quality design than is found elsewhere in the community. — FINDING: The applicant is proposing to restore the buildings to their original state. Extensive landscaping is proposed. The approved PUD documents will establish firm — guidelines to ensure that the site is developed in a consistent and well planned manner. Higher quality development will result. _ 4. Sensitive development in transitional areas located between different land uses and along significant corridors within the city will be encouraged. _ FINDING: This site is bounded on the south by Hwy. 212. The applicant is proposing to buffer the site from the highway by using tall screening hedges, trees, and a vine-covered arbor. Shrubs and trees will be planted to screen the parking lot on all sides. The development as proposed will greatly benefit the Hwy. 212 corridor. 5. Development which is consistent with the Comprehensive Plan. FINDING: The Comprehensive Land Use Map identifies the subject area as undeveloped space. The applicant is proposing to leave the majority of the site undisturbed and create a park like feeling with the areas proposed for development — through the introduction of gardens, trails tennis courts, etc. Since this is consistent Conference/Spa Center April 15, 1992 Page 12 with the site's historic use, we believe it is consistent with the Comprehensive Plan as well. 6. Parks and open space. The creation of public open space may be required by the city. .Such park and open space shall be consistent with the Comprehensive Park Plan and overall ? plan. FINDING: This rovision of the PUD district is not applicable to this proposal. 7. Provision of housing affordable to all income groups if appropriate with the PUD. FINDING: This provision of the PUD district is not applicable to this proposal. 8. Energy conservation through the use of more efficient building designs and sightings _ and the clustering of buildings and land uses. FINDING: A heat pump located on the roof of the main building will provide air conditioning. The applicant intends to recycle the water into the extensive garden and lawn area. We caution that steps must be taken to ensure that warm water from the heat pump does not reach Assumption Creek as it could destroy the trout stream. A glass wall and roof is proposed to be added to the rear of the building to create and enclosed atrium between the two wings. This will have energy conservation benefits. The bathroom flush tanks proposed to be used will be smaller than the typical tanks. This will reduce the amount of water flushed. 9. Use of traffic management and design techniques to reduce the potential for traffic conflicts. Improvements to area roads and intersections may be required as appropriate. FINDING: The sole access to this property is via Hwy. 212 (Flying Cloud Drive). Currently, there are three access driveways to the site. One driveway is located to the east of the property, south of the most easterly existing house (proposed caretaker house). The remaining two driveways are located south of the main building. Those two driveways will be eliminated due to inadequate sight visibility. A new driveway will be introduced to the west of the existing driveways. A right turn lane and left bypass lane on Highway 212 are being proposed to accommodate turning movements and ensure safe and easy access to the site. All highway improvements will be recommended as a condition of approval of the PUD. Conference/Spa Center April 15, 1992 Page 13 — SUMMARY Staff finds the request to be reasonable. We believe it will result in a high quality development that is consistent with the Comprehensive Plan, ordinance standards and the goal of creating a project that is sensitive to its surroundings. As a matter of courtesy, we — would recommend that the applicant meet with area residents informally and respond to concerns that they may have. STAFF RECOMMENDATION Staff recommends that the PUD Concept Plan for the Spa/Conference Center be approved — subject to the following conditions: 1. Prepare a formal PUD submittal responding to issues raised in this report, while — working with staff on the plan development. 2. Respond to issues raised by the conceptual review. ATTACHMENTS — 1. Memo from Mark Littfin dated March 19, 1992. 2. Memo from Dave Hempel dated March 24, 1992. — 3. Memo from Todd Hoffman dated March 26, 1992. 4. Memo from Steve Kirchman dated March 16, 1992. 5. Memo from DNR date April 1, 1992. — 6. Memo from Minnegasco dated March 10, 1992. 7. Memo from Minnesota Valley Electric dated March 11, 1992. 8. Narrative from applicant. — 9. Concept plans. s CITY OF C 1.1 AN HASSEN „.1,40: y, 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN. MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Sharmin Al-Jaff, Planner I FROM: Mark Littfin, Fire Marshal DATE: March 19, 1992 SUBJ: Concept Plan for a planned Unit Development at 1350 Flying Cloud Drive Comments and/or requirements: 1) Buildings must meet all building and fire codes. Buildings must be completely fire sprinklered per NFPA 13 . 2) Fire lanes must be a minimum 20 ' in width. 3) Vertical clearance of entry drop off must be a minimum of 13 ' 6" . 4) Entry drop off lane must be properly designed to accommodate - turning of aerial truck. 5) "No Parking Fire Lane" signs shall be installed per Fire Marshal requirement. 6) Provide approved fire apparatus turnaround at east service drive. 7) The fire sprinkler system must be reviewed and approved by a "fire protection engineer" or consultant. This person must be agreed upon by both the owner and the City Fire Marshal . cc: Steve A. Kirchman, Building Official til PRINTED ON RECYCLED PAPER CITY OF CHANIIASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Sharmin Al-Jaff, Planner I FROM: Dave Hempel, Sr. Engineering Technician ) DATE: March 24, 1992 SUBJ: Review of Concept Plan for a PUD Development for a Conference Center/Spa, 1350 Flying Cloud Drive File No. 92-6 LUR Upon review of the site plan prepared by DeMars-Gabriel Land Surveyors, Inc. dated September 18, 1990, I offer the following comments: SITE GRADING The site plan does not provide proposed or existing ground contours so it is difficult to determine to what extent the site may be altered with expansion. According to the summary provided by the applicant, almost no change is anticipated to the existing grades except for the parking lots which are proposed to drain towards TH 212 . Drainage appears to be overland which may be of some concern. The drainage area (impervious surface) is quite large and will necessitate incorporating storm sewers and retention ponds prior to discharging into MnDOT' s ditch or existing drainageways. Staff recommends that a comprehensive drainage plan be prepared including implementation of storm sewers and retention basins. Storm sewer calculations should also be prepared based on a 10-year storm event. UTILITIES No municipal water or sanitary sewer service is available to this site. Apparently there is an existing well on the site that will be utilized. The facility will have to provide an acceptable septic system design and location. Is to PRINTED ON RECYCLED PAPER Sharmin Al-Jaff March 24 , 1992 Page 2 ACCESS The concept plan does provide for a right turn lane on westbound TH 212 into the development as well as a left turn lane and a bypass on eastbound TH 212 which is appropriate. The two existing entrances in front of the building are proposed to be essentially relocated, one easterly as a entrance to a future car museum. The second entrance appears to be the main entrance to the development. It is recommended that all driveways be paved with asphalt or concrete to help reduce erosion and maintenance. ktm c: Charles Folch, City Engineer CITYOF _ .14, $ CHANHASSEN ___ ,.,,,k_.. . ..,,, ,, ,.... 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 - (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Sharmin Al-Jaff, Planner One _ FROM: Todd Hoffman, Park and Recreation Coordinator 1 DATE: March 26, 1992 SUBJ: Conference/Spa Center, Leland Gohlike, Old Assumption Seminary Property — The Park and Recreation Commission reviewed the proposed conference center to be located on the former Assumption Seminary property on March 24, 1992. As we have — discussed, the proposal does not include the subdivision of property. This prohibits the Park and Recreation Commission from requiring parkland dedication, construction of trails, or payments of fees in lieu of dedication and construction. However, the Park and Recreation — Commission had very strong feelings over the preservation of the creek located on the property. This creek is the only remaining designated trout stream in the seven county metropolitan area. The trout present in the creek are a native brook trout. — Upon the conclusion of their discussion, the Commission expressed a desire to let it be known that they are in favor of leaving the creek untouched as it is found today. They are — opposed to any modifications or clearing of the stream or its banks due to the potential impact this would have on this very small and sensitive ecosystem. ATTACHMENT 1. Park and Recreation Commission Report dated March 24, 1992 too PRINTED ON RECYCLED PAPER TY OF PRC DATE: March 24, 1992 CIIA}7HAI7 CCDATE: $7, Hoffman:k STAFF REPORT PROPOSAL: Concept Plan for a Planned Unit Development for a conference/spa center on 19+ acres of property zoned A2,Agricultural Estate and located at 1350 Flying Cloud Drive (former Assumption Seminary property), Leland Gohlike LOCATION: 1350 Flying Cloud Drive (see vicinity map) Z V APPLICANT: Leland F. Gohlike 11661 Myeron Road Stillwater, MN 55082 • PRESENT ZONING: A2, Agricultural Estate ADJACENT ZONING AND LAND USE: N - A2, Agricultural Estate S - A2, Agricultural Estate E - A2, Agricultural Estate W - A2, Agricultural Estate QCOMPREHENSIVE PLAN: This site is being developed as a commercial establishment catering to the conference market. The acquisition of park property in this region is not 0 called for under the guidelines of the Comprehensive Plan. This center will be providing ample opportunity for recreation to their clients. Ili COMPREHENSIVE TRAIL PLAN: F- The Recreation Section of the Comprehensive Plan calls for a trail to be maintained on the railroad bed north of this site. This trail alignment was recently reviewed by the Commission and is currently being investigated by Hennepin Parks. A trail along U.S. State Highway 212 is not identified in the Comprehensive Plan. Park and Recreation Comi tion March 17, 1992 Page 2 BACKGROUND: Typically the Commission reviews the park and trail fee requirements of ei.ch development proposal in Chanhassen. In this case, the applicant is not requesting to subdivide the property. As such, the city cannot require the provision of parkland or the payment of park and trail fees as a condition of approval. However, the Commission did request that if any property adjacent to the Assumption Creek be developed, the Commission be given the opportunity to review the proposal. A site visit was conducted on Thursday, March 12, 1992, with the applicant, Leland Gohlike, Jennifer Luhrs, members of the Planning Department, Building Official, and representatives from the DNR Division of Waters and Federal Fish and Wildlife Service. This group toured the site, entering the building, walking on the fen (an unusual wetland composed of deep peat deposits saturated with water containing high levels of sulphur), and exploring Assumption Creek. The creek Is a designated trout stream by the Department of Natural Resources Division of Fisheries, and trout were observed at the time of this site visit. One relatively deep end secluded pool was refuge for an estimated 30-50 trout ranging in size from 4' to 8'. The trout present in the creek are a native Brook Trout. I believe the protection of the creek and the trout is the main objective of the Commission. This is a worthy cause since the total length of the habitable creek is less than a mile during low water conditions. Presently under high water conditions, this aquatic nitch is severely reduced to approximately one-quarter mile of creek. This may be the reason for observing such a high number of trout in the upper region of the creek last Thursday. The majority of the creek basin south of Highway 212 is currently flooded by the Minnesota River. Unfortunately, control of the creek shore, short of outright purchase, is out of the city's hands. The applicant has expressed and documented the general intent to be sensitive to the environment, however, they do plan to perform extensive landscaping in the area (see landscaping section of the project overview). Discussions among the agencies in the field concluded with the DNR being put in the forefront of negotiations with the applicant over the future of the creek basin. City staff will continue to communicate with the applicant and the DNR in this regard. No action is necessary on this item. ATTACHMENTS 1. Vicinity Map 2. Site Plan 3. Building Plans 4. Project Overview CITY TF CHANHASSEN -‘ 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM DATE (mm/dd/yy) : 03/ 16/92 TO: A =aff TITLE/TO: Planner THROUGH: TITLE/THROUGH: FROM: _ _ . _ A. '_reh-:e.. , _ TITLE/FROM: Building Official low SUBJECT : :'ianninq Case : 92 -5 PUD ( former Assumption Seminary) : Background : The t..:_ ic:i:-.r were constructed before any building codes existed in the area . The new proposed use is different from any previous occupancies, and each aspect of the proposed use of the building will need to be scrutinized to determine code compliance or possible paths to code compliance . fAnalysis : ` I u:.deret.:ir.d the onsite sewage treatment system was rebuilt in the late 1960 ' :e . IL w:. :ald be helpful if more details could be found on the system that is now in place, but codes have changed since then and a new system or systems is likely to be needed . It may be possible to continue using elements of the existing eyeeee. if they meet codes or can be corrected to meet code . It may alsc be t•_s_:b:e, even desirable, to build a number of completely independent syst_._.., . permit each system to be built and put into service as it : e ry_ _ _ ...; s ; will have most likely have daily anticipated flows a_. . ..- and, as such, must be '-eviewed and approved by the Fel:etir.Ji_ :,tre1 Agency. The d_veieper eep a:s to be well versed in the various requirements regarding the desia.., aiLtration, and ultimate use of the buildings, but I want to emphas : ee the importance of close communication and cooperation between the Inspections Division and the design professionals on this project . I would like to meet the arci.: tect and engineer of record as soon as possible . The ata Duildi:ig Code requires the handicap parking stalls to be located as near the entrance to the building as practicable . The handicap spaces would be more appropriate between the well house and the main building . Their location in the main lot is over 200 feet from the entrance . This and septic site co:sideratioIis may cause significant changes in the site plan . Recommendation: The develei __ sh .:'_d determine the size, type and location of required and existing onsite sewage treatment systems as soon as possible . The system Lshould be designed by a professional engineer licensed as a designer by La_vt ( t«) PRINTED ON RECYCLED PAPER STATE CJ OF '''� ri It DEPARTMENT OF NATURAL RESOURCES METRO WATERS - 1200 WARNER ROAD, ST. PAUL, MN 55106 r' . , -- PHONE NO. 772-7910 FILE NO. April 1, 1992 Ms. Sharmin Al-Jaff Planning Department City of Chanhassen 690 Coulter Drive, P.O. Box 147 Chanhassen, MN 55317 RE: CONCEPT PLAN, CONFERENCE/SPA CENTER, ASSUMPTION SEMINARY SITE, CITY OF CHANHASSEN, CARVER COUNTY Dear Ms. Al-Jaff: We have reviewed the site plans (received March 6, 1992) for the above-referenced project (SW1/4 Section 35, T. 115N, R. 23W) and have the following comments to offer: 1 . Designated trout stream Assumption Creek is on the proposed project site. The stream contains a very small population of native brook trout, which may be the only surviving native population of brook trout in the Minnesota River Watershed. The developer should consult with the DNR Division of Fisheries on all work that will affect Assumption Creek and its population of brook trout. In particular, the developer should address the following concerns: a . Brook trout require cold, clean water in order to survive. Existing trees that occur near Assumption Creek should be left standing in order to shade the creek and prevent sunlight from heating the water. b. Warm stormwater from the impervious surfaces of the development could heat the trout stream and make it unsuitable for trout to survive. Pollutants from the stormwater runoff could also destroy the trout habitat. All stormwater from impervious surfaces in the project site should be routed away from Assumption Creek and Fen. c. Warm water from the heat pump could destroy the trout stream. Steps should be taken to ensure that warm water from the heat pump does not reach Assumption Creek. AN EQUAL OPPORTUNITY EMPLOYER Sharmin Al-Jaff April 1, 1992 Page 2 d. Steps should be taken to ensure that effluent from the on-site septic systems does not adversely affect the water quality of the trout stream. Nutrients from the septic systems, and from fertilizer, could promote the growth of algae which would make the Assumption Creek unsuitable for trout. 2 . A calcareous fen is on the proposed project site. The Minnesota Wetland Conservation Act of 1991 requires all work that may affect calcareous fens to be approved by the Commissioner of Natural Resources. In particular, the following concerns should be addressed: a. The restoration of the existing spring box, the pagoda and the bridge that leads to them could be permitted if the work was done carefully. The applicart would need to submit a more detailed plan (drawn to scale) to the DNR for review of any proposed improvements in the fen. The construction of the golf course, walking paths, and landscaping would not be allowed within the fen. b. The excavation of material from the fen will not be allowed. 3 . The proposed project site is not within a designated shoreland district. 4 . Portions of the proposed project site are within the 100-year floodplain of the Minnesota River. All work that is within the floodplain should comply with applicable floodplain regulations of both the City of Chanhassen and the Lower Minnesota River Watershed District. 5 . Appropriate erosion control measures should be taken during the construction period. The Minnesota Construction Site Erosion and Sediment Control Planning Handbook (Board of Water & Soil Resources and Association of Metropolitan Soil and Water Conservation Districts) guidelines, or their equivalent, should be followed. 6 . If construction involves dewatering in excess of 10, 000 gallons per day or 1 million gallons per year, a DNR appropriations permit would be required. You are advised that it typically takes approximately 60 days to process the permit application. Sharmin Al-Jaff April 1, 1992 Page 3 7 . If the water obtained from the well and from the spring box exceed 10, 000 gallons per day or 1 million gallons per year, the owner will need to obtain a DNR appropriation permit for a private water supply. The developer should note that the effects of the withdrawal of water from the springbox and the well will be monitored by the DNR. If the withdrawal of water appears to be adversely affecting the trout stream or the fen, • the appropriation of water will be halted. 8 . Enclosed with this letter are additional comments from DNR Ecological Services. Thank you for the opportunity to comment. Please contact me at 772-7910 should you have any questions regarding these comments. Sincerely, Ceil Strauss Area Hydrologist cc: Larry Samstad, Lower Minnesota River WMO Dave Zappetillo, DNR Fisheries Manager Wayne Barstad, DNR Ecological Services Jon Parker, DNR Wildlife Manager Welby Smith/Bonita Eliason, DNR Wildlife Paul Burke, USFWS City of Chanhassen General File City of Chanhassen Floodplain File DNR FISH & WILDLIFE METRO REGION ENVIRONMENTAL ASSESSMENT DATE: 03/26/92 TO: Ceil Strauss Area Hydrologist, Metro Region FROM: Wayne Barstad Ecological Services, FWEAB PHONE: 772-7940 RE: ASSUMPTION SEMINARY CONFERENCE/SPA CENTER I see no reason to oppose this project as long as the developer is willing to avoid negatively impacting Assumption Creek and the surrounding calcareous fen. The integrity of this area must be preserved and maintained. These are unique and valuable ecological systems. Eggers and Reed (Wetland Plants and Plant Communities of Minnesota and Wisconsin, 1987) state that calcareous fens are probably the rarest wetland plant communities in North America. The brook trout, the only salmonid native to streams and inland lakes of Minnesota, has seen its habitat reduced almost entirely to small streams such as Assumption Creek. This population might be the last unaltered native brook trout population existing tributary to the Minnesota River. As such, it is extremely important as a contributor to the area ' s biodiversity. The need to protect this stream cannot be overstated. Several concerns were raised during the site visit on March 12 , and they are summarized here: 1 . Welby Smith recommended that no trails be developed within the calcareous fen with the possible exception of a short approach to the spring house (or was it the pagoda?) . As I recall, we walked a short distance from the upland corn field to two spring boxes at the pagoda. This required a short crossing of the fen. The locations on the drawing provided us do not appear to be accurate. Before we make specific recommendations, we should be provided with accurate and to-scale maps of the site. - 2 . Alterations to the fen should not be allowed. Soils were removed from the fen for use in previous spa operations. That activity should not be allowed. The DFW supports the removal of the dam and restoration of the streambed within the pond. However, the developer should consult with Fisheries before doing any of that work. 3 . Restoration of the stream in the area presently impounded by the dam should follow these procedures: Stop the flow at the downstream end of the pond. Dredge the pond and remove the spoils to an upland area such as the cornfield, from which the water from the spoils can drain back into the head of the pond. Shape and grade the channel. Remove the dam. Replant the streambank vegetation. 4 . No surface water should be appropriated for operation of the facility. The appropriation of surface water could endanger both the stream and the fen. 5 . All riparian vegetation and all snags and downed trees in the riparian corridor should be left in place. 6 . There are two management strategies which could be employed on Assumption Creek. One is to actively manage the creek as a brook trout fishery accessible to the public. The requirements of this are 1) public access, 2) habitat improvement and 3) catch-and- release only. Fisheries has negotiated with past landowners for an easement to provide public fishing access and has the capabilities to restore the stream stretch that is now the pond and to make additional habitat improvements downstream. This is something that Lee Gohlike should consider. The advantage to him is that the work in the pond would be done without cost to him. The obvious disadvantage would be the public access to a thin strip of land adjacent to the stream. However, that should not be a hardship. The other strategy would be to let the stream manage itself. There may be no ecological advantage to providing a public fishery on Assumption Creek as long as the landowner is willing and capable of providing this trout population the same level of protection as it would be afforded under public management. The population is naturally very small and highly sensitive to fishing pressure. A single afternoon of heavy fishing mortality would be enough to collapse the population through the elimination of spawning-age fish and subsequent year classes. Regardless of who accesses it, catch-and-release would have to be the rule. Lee Gohlike could be in the position to restrict the fish take to the point of near - total under-utilization (through the strict enforcement of catch and release) which would allow natural selection alone to maintain the population. cc: Dave Zappetillo Bonita Eliason Con Christianson Minnerasco. A Division of Arkla,Inc. March 10, 1992 Ms. Sharmin Al-Jaff Planner 1 City of Chanhassen 690 Coulter Drive P.O. Box 147 Chanhassen, Minnesota 55317 Re: 92-5 PUD Planned Unit Development Assumption Seminary Site Dear Ms. Al-Jaff Enclosed are the prints for this project and a print of our section map showing our gas mains in the area. Individual services are also shown. Natural gas service is available to this property from the mains shown. No additional gas main installations are anticipated at this time unless the developer/builder requests gas service. _ Minnegasco has no objections to this proposal. Should you have any questions please contact me or the Sales Department. Sincerely, Richard J. Pilon, P.E. Senior Administration Engineer Engineering Services 612-342-5426 pc: Mary Palkovich Al Swintek R 700 West Linden Avenue P.O. Box 1165 Minneapolis. M\55440 v Minnesota Valley Electric E % � C O 0 P E R A T I V E C ,.: .i_:. Owned by those we serve for more than 50 years March sign 11)ft.f1992ineer Mr . Sharmin Al-Jaff , Planner _ City of Chanhassen 690 Coulter Drive P.O. Box 147 Chanhassen, MN 55317 — RE: Planning Case: 92-5 PUD In light of the complete renovation of the Mud Cura Health Spa site. it is probable that electric facilities on the site will need to be completely replaced. The developer may incur some expense in _ accommodating this up-grade . However , MSEC sees no unusual problems and welcomes the project . Sincerely. — Minnes,dia lley Electric Cooperative . on Jabs, /y RJ:nr t:.�4-.. Lc.-D P,1AP, 12 ES2 CITY OF CHANHASSEN Main&Bee—20425 Johnson Memorial Drive,P.O.Box 125,Jordan,Minnesota 55352 Service office— Southcross Shoppes,4078 West County Road 42,Savage,Minnesota 55378 (612)492-2313 or 1-800-282-6832 • FAX 492-8274 u: .ti, \ 1 I. _ \\ 1 . 1 1./11.\ ‘ ' 1 ! t1 t `1 \1 1\ • 4 c\.% 11116 1 1 W ell. t L/ , 1i': 0 \ ; q1 ‘,,, oC-1 av : o Z--1— c Z--1 oN rri o CnNm0 --IE C) 0 C.)z _ o z #, C --------_------- CONCEPT PLAN for a Planned Unit Development at 1350 Flying Cloud Drive (Site of the former Assumption Seminary) Chanhassen, MN Submitted by Leland F.Gohlike 11661 Myeron Road Stillwater,MN 55082 (612)439-2114 March 2,1992 1 PROJECT OVERVIEW This Planned Unit Development seeks to recreate in spirit and in authentic architectural detail many important elements of the MudCura health spa/sanitarium, which operated at this site from 1909 to 1951. At that time,the sulphur-rich mud and mineral waters of the Chanhassen Springs,which dot the property, were thought to have curative powers. People came from as far away as Europe to drink and bathe in the waters, and to have themselves wrapped in mud. Today there is a renewed interest in natural spring and mineral waters, and in the benefits of mud--- but the emphasis has shifted away from medicinal cures to more general benefits,such as relaxation, healthfulness,and general well-being.This will be the emphasis of the new facility. Typical spa services will include mineral baths and other hydrotherapy,massage, aromatherapy, saunas,mud wraps,exercise and fitness plans, natural food diets, and other general beauty treatments. In addition to its overnight and day spa services, the new facility will also function as a business retreat and conference center(mainly during the week), as a wedding reception banquet hall (mainly on weekends),and as a small spa hotel for weekend getaways. This combination of complementary uses allows for optimal utilization of staff and facilities, and has been an important element in the financial success of the developer's other similar business, the Outing Lodge at Pine Point,a Planned Unit Development operating successfully since 1988 in Stillwater,MN. Another of the developer's properties, Seven Pines Lodge(est. 1903)in Lewis,WI, features a protected trout stream and 300-year-old virgin white pines, and is on the National Register of Historic Places. Every effort will be made to develop the Chanhassen Springs property in a similarly historically- and environmentally-sensitive way, so that it,too,can find a place on the National Register, and once again become a source of recognition and pride for the community of Chanhassen. 2 HISTORY OF THE SITE The reprint of a newspaper article from the June 23, 1988 issue of the Chanhassen Villager, on the following two pages of this report, gives a fairly detailed and accurate history of the site. UTILITIES No municipal water or sewer services are currently available at the site, nor will they be in the near future. The on-site 8" diameter well and on-site septic system will be tested and evaluated. The septic system was designed by McCann & Assoc. and constructed in 1968. The original drawings and specs are being researched at this time. The system was designed to serve 100 full- time residents; in the new development the load will be less. However, if necessary the septic system will be upgraded to meet all current codes. Natural gas is currently available at the site, but there is no heating plant in the main building. A fuel-efficient natural gas forced-air heating plant will be located on the roof, with direct-vent natural gas fireplaces supplying supplemental heat in the guest rooms. A heat pump located on the roof will provide air conditioning, with waste water recycled to the extensive garden and lawn areas. Currently there is electrical service to the property, but all new wiring will have to be added. All state electrical codes will be met. The developer is aware of the necessity to comply with all local and state fire codes, by providing fire doors and signed and lighted exits where necessary, fire-proofing wood panelling, etc. An all-new sprinkler system will have to be installed. It is hoped that some of the water for this sprinkler system can be provided by the pool/mineral bath in the sunken area where the boilers used to be on the garden level. All new plumbing will be required. A plumbing plan will be submitted to the state. Energy codes will be met with energy efficient windows and doors. Exterior walls will be insulated with approved rigid insulation. If necessary the attic crawl space will also be insulated. All handicap regulations will be met including bathrooms, bedrooms, elevator, and ramped entrances. - save or Destroy . - Mudcura attractedfrom atientsp afar By Mary Durben • In its heyday, the "Mudcura" attracted people from all over Minnesota and neighboring states, possibly even from foreign coun- tries. With ailments ranging from rheumatism and skin diseases to kidney and "nerve diseases," they ,'. — came to the sanitarium in southern • e'er' Chanhassen to take"the cure." There followed a period when the I ( I- i 17 ' facility was home to the Franciscan "--" r brothers,who taught philosophy and r.YIn, • _ ' theologyand trra ained �~ _ • ained young men to cure spiritual ailments at Assump- I - • T _ . --- -- 0. tion Seminary. "'t r = _ - The complex still stands beside • t i l M uacurafromp,gel . D.D.S. true; valuable. Gene. Dentistry Beei A biographical piece in a book published in 1915 stated that^Cloae (Office Hours b)Appointments) investigation revealed to him that - both the spring and the soil -- _ 934-7990 SaN surrounding it were heavily inn --- �� pregnated with sulphur, and he `' A� conceived the idea that they must,in �— R "". •.:--•.•__A__ . the nature of the case,have positiveChanhassen Professional '; '��: and valuable curative powers for I , L LE h 11—'1-7:y Building �6 `1E - - human ills. He thereupon busiedA _- •- _ 500 W. 79th St. F hence in making his discovery _3 I II , L1. I II 811OflIR ` I _ - Chanhassen. MN . a ,; beneficial by establishing an in- • stitution whereby its hygienic ` ! ppm d4•; properties could be used in the !til n li 9-. '• `•r= Am Oh P _ cam service of suffering humanity." _t- sr �•_ Dreydoppel had two comments . •.-- ' l - about the quote. The first wasthat - . '. ; the biography iniad in the Corn- ti r + . _.-' .7 ti ;. . pendium of History and Biography Let's . of Carver and Hennepin Counties. The Mudcura Sanitarium sometime before 1115,before a porch was added t Minnesota,probably was written by above the main entrance. a A._4;—'61, - Fischer himself or by someone close s12••••+.a r.w- a to him.It was common in those days stances that when it is heated it Springs Co. deeded the property- ow for local historians to solicit throws off a strong odor.Every day, 119.87 acres—to the Province of Our together "sponsors" who would contribute wagon loads of this soil are brought Lady of Consolation, Inc. Dr. �.r �� money in exchange for inserting a to the building and put through Fischer's wife was president of the „- photograph or biography in the expensive machinery which softens company at that time and his n 1' "i book.The piece was probably edited and pulverizes it.It is then steamed children were company officers. a■ ■ L(.. t • minimally,if at all,she said. Con- and moistened until it is of the Soon after, the company talk I sequently,the book's claims of cures proper consistency." dissolved. at the Mudcura must be viewed with The patient was then "carefully The Province of Our Lady of • some suspicion. packed in the hot mud and allowed to Consolation was the corporate name about•n■ »..a r•.r ~v is Dreydoppel also commented on sweat profusely, after which he for the provincial Franciscans,who M the general state of medicine at the given a tub bath,then wrapped in set up Assumption Seminary and auto, home, health = �' turn of the century."You note that woolen blankets for a sweat-out and College on the property.'lhey. taught the quote ... didn't say that Dr. then placed in the cooling room, philosophy and theology there in and life insurance 4 , Fischer had read in the medical where he gradually cools while college courses,as well as regular literature that sulphur was resting.Finally the patient is taken seminary courses, according to MI��B �t • beneficial.or that he embarked on a to a massage room,and there the Dreydoppel. (The college was �°• study to test how beneficial it was.It dicpnce is literally rubbed out of the recognized by the state but credits 33 .., says that he'conceived the idea that body by the best trained masseurs were given by either the College of ' Ye.. •.I. (sulphur)must...have positive and that can be obtained." St.Catherine or St.Thomas College t1. . valuable curative powers...' Besides the mud treatments, m,t.� mwas also part of the Da - "Medicine at that time was Just "medical and electric treatmentsTimothy J. MGM Liquor Warehouse M beginning to become scientific,and are administered as individual cases seminary, and the property was Loonan Johnson W iquor. are 'v it was trying very hard to convince may require,"the article noted.Dr. managed as a dairy farm by two to lJ�l people especially patients,Just how Fischer also used some of the more four Franciscan brothers and 934-8546 442-4545 scientific it was.So this was the time conventional medicines of the time, students helping out with the chores. WAltl:l when a 'modern' doctor had a and his medicine case is in the During the seminary days. the AMERICAN FAMILY wmestrl prominent'nerve tester'or'electro- collection of the Carver County buildings were home to 50.60 war 110111 ,.,sr,,,rr.,,.r' ©® i' something or other'in his office." Historical Society. students.a teaching staff of trine or 530 W.79th St. Dreydoppel says the medical The Mudcura also boasted fresh 10,the brother in charge of the farm Chanhassen,MN Locally Owned&Operated gadgets came with little or no in- milk from"high-grade Holsteins"in and those who worked the farm. struction-not even a clear the "sanitary barn" and the 'fine Students and some of the staff lived - statement of what they were sup- natural scenery,beautifully laid out in the main building,while part of posed to cure. grounds and a social atmosphere of the staff lived in the doctor's house. Sulphur was in the same category. great cheerfulness and Another small home housed 25THAi1�►1 Dreydoppel says. It smelled hopefulness." Franciscans for a time and later medicinal, so it was presumed to Rheumatism was the major became Dreydoppel tdahe BIG S A I cure something-Fischer's list in- ailment of the time,and the article Dreydoppel said she talked with a eluded even stomach and liver says"every form of it is treated with former student who recalled that ailments. the utmost care and the highest people from the area helped out at • After purchasing the property in scientific knowledge." For its the Seminary. He also recalled a REGISTER TO WIN N 1908,Fischer Jolted with Ile.Therms treatment of rheumatism and yearly festival.started in 1959.that 4-w w it ) n M. tarsen of Jordan and Fred W. various other ailments, the article included "rides.games,a big dm- Goodrich J ( 46,....4.-. 1963 CORM Goodrich of Eden Prairie to form the claims that "many remarkable ner, a 'Country Store' and other , Shakopee Mineral SPtings Co. for cures of each are recorded to the goings-on." - C Al RAMS BL A MC the purpose -,ql-'butlJhng a credit of Ibe sanatorium and The of a new F`ranascan - sanatorium. •Tie Company hada its-system."' retreat house In Prior lake in 1965 .' AUTOMATS saidthatin spelled the end for t " - 15The0Instock. Dreydoppelrearoperation.Personnel werd The Mudcvra Sanitarium opened her research on the Mudcura to , l�lhft f1111- Q ,.- on July 26,1909,consisting of Just the historical groups,she found a few moved to the new -facility . -- . front part of the main building,wtth people who had relatives who had Asaimrption Seminary closed tat `'~' tl room for 40 patients. According to gone for"the cure"at the Mudara. There was some of turning the the Compendium bad"four Inmates Some said the patients had been facility into a Knights of Columbus requiring and randy to receive cured while others said they Haeme,according to Dreydoppel,and R OR n treatment"on openinghin December 1970 the property was day. weren't. sold to the Marian Council Rome Wulf' In 1911, Dr. Fischer's residence "Probably there were some cues, was built and in 1911,the back part especially if,as I suspect,a lot of Association for 1230,000. ; 16 02.POOTICTAsMT 488 a — d the main baildklg was added on, people went there to relax and be "As soon as the Franciscans iii Protects rubber,vinyl three stories high,and a third story taken care of in nice scenery while moved out, the property :farted pb•M one loather. '1J07 I — was added to the front part. A 16- they were 'cured,' as frequently rapidly going downhill."Dreydoppel t•, I IIP room dormitnay was built nn 1913, happened in those days,"she said. said.The first winter,all tilt water 2o ox.woo BAIT ,,-' „fens. �1. bringing the capacity of the "There were probably quite a few pipes in the building froze and burst. noetic bolsi.,odivemie. +• "worm ��.;�, aanitariian to'10D patients-The barn cases in which the cure didn't work, "I've beard from several sources of r sprayer.Ueom :�p�. ........... Mow across Highway 212)was built but at least nothing there was so a caretaker...who let them freeze v:nyi newer and plastic. i;� I -- .--•- about the same time. harmful that it would have made the utp and who than started looting what 249 ?iso By this time, the Modcura cep- patients worse. This was probably was left of the interiors," - „9w Erzowes ansa .- parenily was wdlamown, and not much different from a lot of Dreydoppel said _� Patients Came from all across sanitaris which were in operation at The Marlins sold the property in America, including Alaska, and the tnun of the century.' Co., tane9 WINK CLUJ= 19 9 to rte Chanhassen Springs ^awn from foreign countries, the Corn- Dreydoppel said she could find a the141-Man partnership from Tho kit pro.towel Canteens � ---,--_,e . petdium article claims. little information about the Mudcura Hennepin County.The partnership, d.orr ord n.utroiser. ngaf MEM They came for e "the re." The between 1915 and 1951,although it now composed of five attorneYL.has t+vwti- % t CemPedunn biography deaatbes continued in operation.Dr.Fischer been trying to sell the property.and ,, •. tter►o t+nea►tultil .r�r the materials ami Process as died in 19L3, but his wife and me partner,Jim mSchima p „M art,Orin. stows tel s tli Wows: "The soil surrounding the children kept it going for another 10 been working fhe4toe'e of �•less edodoss,mi to /f it '!1'-.r J spring u so with years. Chanhassen on.way toof •a.tar.«iq:wl irrwtrw.C►tc t ! ; N` wiettes nrtphur and other mineral sub In 1951. the Shakopee Mineral the Welted buildings •` 1?_ -. r . 49 ; ^..i ,. .. . .... .._ i`''_4. • Lewes watt 3 PROPOSED USES MAIN BUILDING--SPA HOTEL AND CONFERENCE CENTER The main building (approx.42,500 sq. ft)will house the following activities: 44 Overnight Guest Rooms, totalling approx. 15,900 sq. ft.,all with private baths,on floors 1-3. 16 Day Spa Treatment Rooms in the east wing,with women's spa facilities on floor 2 and men's on floor 3. 6 Meeting/Conference Rooms ranging in size from 400 sq. ft. to 4,070 sq. ft., on floors 1 and 2 and at garden level. 2 Main Dining/Banquet Areas consisting of a total of 4,380 sq. ft. on floor 1, and a 4,070 sq. ft room at garden level. (These rooms can be divided off for smaller parties and are also counted here as — meeting rooms.) 1 Bar/Lounge on the first floor,approx. 350 sq. ft. 2 Service Bars for special events, one each adjoining the main dining/banquet rooms. (Note: At this time the developer does not plan to operate a restaurant with regular hours open to the public,but would like to hold open the possibility of doing so if demand justifies it. Otherwise,all food service will be on an as-needed basis for conferences,weddings, banquets,etc. The bar/lounge area will be open on a fairly regular basis,however,for spa hotel guests,and may serve snacks and hors d'oeuvres). Kitchen,Food&Beverage Storage,and Laundry Facility,occupying approx. 2,300 sq. ft. on the garden level. Food will be conveyed to the first floor dining areas via an existing dumbwaiter.The kitchen may also be used for some off-site catering. Hydrotherapy and Mud Treatment Area occupying 2,900 sq. ft. on the garden level,including a sunken pool in the area where the boilers were originally located,as well as a sauna and possibly a steam room. Retail Gift Shop in Lobby/Reception Area on first floor. 4 PROPOSED USES.cont'd, DOCTOR'S HOUSE The house that MudCura founder Dr. Fischer built for his family,will be restored and used as a bed& breakfast and/or private retreat/conference facility. GARAGE A new roof has been added to the one-story garage adjacent to the doctor's house. For the near-term, - the garage will be used as a maintenance and storage facility. A section at the rear of the garage will have to be rebuilt for storing and processing spa mud. Eventually,the garage will become a small museum for the owner's collection of vintage autos. The museum may also demonstrate to visitors — various "lost" manufacturing techniques for producing pre-WWII automobiles. When the museum becomes a reality,the developer will need to construct a new storage/maintenance facility directly to the east of the current garage. COTTAGE INDUSTRY In the future,the developer may wish to start a small cottage industry which would process and package some of the spa's more popular products,such as natural food specialties,spring water, or mud-based cosmetics. These would be small operations with little or no environmental impact,which could be located in the main kitchen area or the mud processing area of the existing garage. CONSERVATORY/GREENHOUSE If there is customer demand,the greenhouse may propagate and sell some of its specimen plants. GOLF COURSE If land can be acquired in the area adjoining the NW corner of the property, 3 to 9 golf holes may be developed for the use of conference or spa hotel guests. (The original development had a small golf course.) 5 ARCHITECTURE The exterior of the main building will be restored to original condition in strict accordance with guidelines for obtaining historical site status. The existing modern brick entry will be removed and the more classical pillered entry seen in 1915 photos of the site will be rebuilt. The only deviation from the original exterior architecture would be the addition of a glass wall and roof to create an enclosed atrium between the two wings at the back of the building, if codes will allow. Not only would such an atrium be visually pleasing, but it is expected that it would also have energy conservation benefits. The interiors will feature extensive use of wood panelling and furnishings predominantly Georgian in style. Architectural antiques will be incorporated wherever possible. The developer would like to eliminate the institutional feel of some of the long hallways in the guest room area, and requests advice on this as soon as possible from fire code officials,as well as advice on placement of additional stairways and fire exits. Because the kitchen and food storage area has been located at garden level (to accommodate deliveries),it would be highly desireable to hold the largest banquets and wedding receptions on the same level, thus eliminating use of the dumbwaiter and speeding meal delivery.Currently,the large room underneath the front wing of the building is about halfway below grade and opens out to the garden areas in front.This is a positive feature which can be further enhanced with the addition of more windows and french doors, and architectural landscaping. However, the room is divided up by a number of support posts and an elevator shaft which break up the room and hinder the efficient placement of tables.The developer will seek engineering and code advice on redistributing the load onto ceiling beams, and also on opening up somewhat the east and west load-bearing foundation walls to gain access to the rooms under the porches. This will lower the ceilings,however, and may make it necessary to excavate and lower the floor in this area. Additionally,the elevator shaft should be relocated to an existing unused chase near the original chimney stack These are the most extensive changes proposed for the interior of the building,but they are considered extremely important for optimal use of this important space. The exterior of the doctor's house andthe garage will be restored to original condition. The spring house beside the stream will be repaired, and eventually the original pagoda-style structure located at the farthest spring will be rebuilt. 6 LANDSCAPING Great sensitivity and effort will be put into landscaping the surrounding 20 acres to reflect serenity, healthfulness, and a respect for natural forms and forces. In general,the more formal landscaping will occur closer to the buildings, and will become more naturalized as it moves toward the spring areas and fen. All large,healthy hardwood trees on the site will be retained, and some new screening and specimen trees added. Much of the undergrowth and scrub will be eliminated,especially near the pond and stream area,where native woodland flowers will be planted. The original marble structures in the stream will be restored where possible. The developer will seek the advice of the DNR on the best management of the pond and stream. Formal gardens, and possibly fountains, will be added at the front of the building,with extensive cutting beds in the area between the main building and the doctor's house. There will be a Japanese garden on the NW side of the main building near the bridge and waterfall. The large sunken lawn area to the NE of the main building has many interesting mature trees and will have flowering shrubs and perennials added to its perimeter,with the lawn area remaining open and groomed for large lawn parties and receptions. Tall screening hedges,trees, and a vine-covered arbor will be added in the areas bordering Highway 212. Shrubs and trees will be planted to screen the parking lot on all sides. North of the parking lot there will be a conservatory/greenhouse with organic vegetable gardens on both sides and orchards and berry gardens to the west of that. Scattered along the extensive walking trails will be various specimen plantings and seating areas. Some walking paths will be lighted. Original footbridges will be restored and some added on new trails. Vines will cover the main building. 7 PARKING/ACCESS All preliminary calculations have been made to accommodate approximately 220 cars arriving within an hour's time, which would be typical of a very large wedding reception. A paved, lighted and landscaped parking lot for approximately 110 cars will be constructed in the area which is now a cornfield,west of the existing tennis court,with an adjacent, unpaved overflow lot for an additional 110 cars. In the NE corner of the paved lot there will be an outlet and return for cars wishing to drop their passengers off at the covered entry. Bill Warden,of the MN Department of Transportation, is familiar with the site and in a preliminary conversation made these suggestions for planning access from the busy and treacherous Highway 212: 1) That west-bound-only delivery and service vehicles could use the existing driveway on the east end of the property. 2)That main access to the site be located as close as possible to the existing driveways at the front of the main building for best sight distance. 3) That a right turn lane and left bypass lane be constructed at the main access point,with a 32 ft. wide driveway at a right angle to the highway, about 75-100 feet deep. These preliminary recommendations have been incorporated into this site plan. The developer wishes to eliminate the two exisiting substandard driveways in front of the main building, and locate the main entrance and exit slightly to the west of those driveways, adjacent to the existing tennis courts. This would cause the new right turn lane to be located directly in front of the building and the tall screening arbor. At this time an application is being submitted to MnDOT,who will determine the actual location and design. DRAINAGE Almost nothing will be done to change the existing grades of the property,except for the parking lot, which will drain toward Highway 212. 8 SIGNAGE Since the two existing entrance driveways in front of the main building will no longer be used,the concrete pavement will be removed from between the original gate posts and the area to the highway re-landscaped. The gate posts will become supports for the main signage for the building,which will feature a tasteful,understated design. The gate posts are angled so that each sign can be easily seen from cars as they approach from one direction or the other. The signs will be lighted. STAGING AND TIMETABLE FOR DEVELOPMENT The opening of the original MudCura sanitarium was staged,starting with just the first two floors of the front wing. The new development would also follow a staged plan for beginning operation, again starting with the front wing of the building. From a cash flow point of view,it would be best to begin with operation,in October, 1992, of the meeting space and banquet facilities in the front wing. Landscaping, all utilities,windows,parking and kitchen facilities for the entire building will have been done at this time,but costly final decorating of the guest rooms and spa facilities could wait until the business could help fund them. Spa facilities would open at the same time or shortly after the guest rooms. The spa hotel/conference center should be in full operation by June, 1993. If you have Questions or would like more information on this plan,please contact: Lee Gohlike, or Jennifer Luhrs,at (612)439-2114 ** THIS ITEM HAS BEEN POSTPONED UNTIL WEDNESDAY , APRIL 15 , 1992 , AT 7 : 30 P . M . PER THE APPLICANTS REQUEST ** NOTICE OF PUBLIC HEARING PROPOSED CONCEPT PLAN AND REZONING FOR A COMMERCIAL PLANNED UNIT DEVELOPMENT CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Wednesday, April 1, 1992, at 7: 30 p.m. in the Council Chambers in Chanhassen City Hall, 690 Coulter Drive. The purpose of this hearing is to review a concept plan and rezoning for a conference/spa center on 19+ acres of property zoned A2 , and located at 1350 Flying Cloud Drive (former Assumption Seminary property) , Leland Gohlike. 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 I Phone: 937-1900 (Publish in the Chanhassen Villager on March 19, 1992) /r `3 - .fir"' a NOTICE OF PUBLIC HEARING PROPOSED CONCEPT PLAN AND REZONING FOR A COMMERCIAL PLANNED UNIT DEVELOPMENT CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Wednesday, April 1, 1992, at 7 : 30 p.m. in the Council Chambers in Chanhassen City Hall, 690 Coulter Drive. The purpose of this hearing is to review a concept plan and rezoning for a conference/spa center on 19+ acres of property zoned A2 , and located at 1350 Flying Cloud Drive (former Assumption Seminary property) , Leland Gohlike. 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 I Phone: 937-1900 (Publish in the Chanhassen Villager on March 19 , 1992) 4 HARRY LINDBERY WILFRED JR & K DAHLKE EVERETT & M OLSON 6901 MALONEY AVENUE 1705 FLYING CLOUD DR 1675 FLYING CLOUD DR MINNETONKA MN 55343 CHASKA MN 55318 CHASKA MN 55318 THEODORE & I PAHL CHESTER & B TEICH LEONARD & L SIMONS ROUTE 3 825 FLYING CLOUD 221 LAKEWOOD SHAKOPEE MN 55379 CHASKA MN 55318 LAKE CITY MN 55041 HAROLD F HESSE DIANE GILBERTSON ANNE KARELS 1425 BLUFF CREEK DR 1190 BLUFF CREEK DRIVE 1161 BLUFF CREEK DRIVE CHASKA MN 55318 CHASKA MN 55318 CHASKA MN 55318 ARI & SUSAN FUAD RICHARD & J NIEMI LEE & EMILY ANDERSON 9724 MILLCREEK DRIVE 100 CLAY CLIFFE DRIVE 10441 BLUFF CIRCLE EDEN PRAIRIE MN 55344 EXCELSIOR MN 55331 CHASKA MN 55318 JOESEPH & M ELMGREN MARK & V DAVIS BRIOL 1221 BLUFF CREEK DRIVE 10377 HEIDI LANE CHASKA MN 55318 CHASKA MN 55318 • CITY OF CHANHASSEN 01:1414— 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 TO: Planning Commission 4' --- FROM: Kate Aanenson, Planner II 3 SUBJ: Minimum Lot Size in the Rural Service Area LUP 92-1, ZOA 92-1 DATE: March 20, 1992 Background This item was discussed before the Planning Commission on March 4, 1992. During the meeting, there appeared to be two major area of concern. The Commission and staff concurred that this item should be tabled. The first issue was the Planning Commission felt that there should be a minimum lot size of 15,000 square feet in the rural area. The amendment as proposed stated that there was no minimum lot size. The only stipulation was that the lot had to be large enough to handle the required two drain field sites. This would be consistent with the city's minimum lot size. The other major issue was the impact of reducing the minimum lot on the existing rural lot subdivisions. Staff is recommending that the land use and code amendments apply to those lots created after the adoption the ordinance. The standards of those rural lots currently in place would remain the same. Analysis The Comprehensive Plan and the Zoning Ordinance need to be amended to reflect these changes. Staff would recommend the following changes to the Land Use Element of the Comprehensive Plan, Residential- Large Lot (R-LL) section, which states: "Large-Lot residential developments are subject to : - . . . ' - - with an overall density limitation of one unit per ten acres... The only means by which new lots can be created is from clustering 2.5 acre lots at a gross density of 1 home per 10 acres." n to, PRINTED ON RECYCLED PAPER Planning Commission March 20, 1992 Page 2 The Zoning Ordinance should be amended in the following areas: 1. Article X. "A-2" Agricultural Estate District. Sec. 20- 575, Lot Requirements and Setbacks The following minimum requirements shall be observed in an "A-2" District subject to additional requirements, exceptions and modifications set forth in this chapter: (1) The minimum lot area is two and one-half acres, subject to Section 20-906. (2) The minimum lot frontage is two hundred (200) feet, except that fronting on a cul-de-sac shall be two hundred (200) feet at width at the building setback line. (3) The minimum lot depth is two (200) feet, except that lots fronting on a cul-de- sac shall be two hundred feet at the building setback line. (4) The maximum lot coverage is twenty (20) percent. (5) The setbacks are as follows: a. For front yards, fifty (50) feet. b. For rear yards, fifty (50) feet. c. For side yards, ten (10) feet. (6) The maximum height is as follows : a. For the principal structure, three (3) stories/forty (40) feet. b. For accessory structures, three (3) stories/forty (40) feet. (7) The minimum driveway separation is as follows: a. If the driveway is on a collector street: four hundred (400) feet. b. If the driveway is on an arterial street: one thousand two hundred fifty _ (1,250). For lots created after June 1, 1992 the following setback shall apply. The minimum lot size is 15,000 or suint in size to accommodate two Septic site. The minimum lot ftintage is (90) feet, except that lots fronting on a cul-de- Sac"bubble' or along the outside curve or curvilinear sections shall be (90) fee in with at the building setback line. gyMil;The minimum lot depth is one hundred twenty-five (125) feet. The location of these lots is conceptually illustrated below. Lot width on neck or flag lots and lots accessed by private drives shall be one hundred (100) feet as Measured at the front building setback line. ). The maximum lot coverage for all structures is twenty (25) percent 5) The setbacks are as follows: — a. For front yards, thirty (30) feet b For rear;.yard , thirty (30) feet Planning Commission March 20, 1992 Page 3 cFor side yard, ten (10) feet (6) The maximum height is as follows a. For the principal structure, three (3)'stories/forty (40) feet b For accessory structures, three (3) stories/forty (40) feet. (7) The minimum driveway separation is as follows: a. If the driveway is on a collector street: four hundred (400) feet. b If the driveway is on an arterial street: one thousand two hundred fifty 1,250). 2. Article XI "RR" Rural Residential District Sec. 20-595 Lot Requirements and Setbacks The following minimum requirements shall be observed in an "RR' District subject to additional requirements set forth in this chapter. (1) The minimum lot area is two and one-half acres, subject to Section 20-906. (2) The minimum lot frontage is two hundred (200) feet, except that fronting on a cul-de-sac shall be two hundred (200) feet at width at the building setback line. (3) The minimum lot depth is two (200) feet, except that lots fronting on a cul-de- - sac shall be two hundred feet at the building setback line. (4) The maximum lot coverage is twenty (20) percent. (5) The setbacks are as follows: a. For front yards, fifty (50) feet. b. For rear yards, fifty (50) feet. c. For side yards, ten (10) feet. (6) The maximum height is as follows : a. For the principal structure, three (3) stories/forty (40) feet. b. For accessory structures, three (3) stories/forty (40) feet. (7) The minimum driveway separation is as follows: a. If the driveway is on a collector street: four hundred (400) feet. b. If the driveway is on an arterial street: one thousand two hundred fifty (1,250). For lots created after June 1, 1992 the following setback shall apply: (1) The minimum lot size is 15,000 or sufficient in size to accommodate two septic site. (2) The minimum lot frontage is`( feet, exceptthat lots fronting'on a cul-de- sac bubble' or along the outside curve or curvilinear sections shall be (90) fee in with at the building setback line. Planning Commission March 20, 1992 Page 4 (3) The minimum lot depth is one hundred twenty-five (125) feet. The location pq these lots is conceptually illustrated below. Lot width on neck or flag lots and lots accessed by private drives shall be one hundred (100) feet as measured at the front building setback line. (4) The maximum lot coverage for all structures is twenty (25) percent. (5) The setbacks are as follows: a. For front yards, thirty (30) feet b. For rear yards, thirty (30) feet c. For side yard, ten (10) feet (6) The maximum height is as follows : a. For the principal structure, three (3) stories/forty (40) feet. b. For accessory structures, three (3) stories/forty;(40) feet. (7) The minimum driveway separation is as follows: a. If the driveway is on a collector street: four hundred (400) feet. b. If the driveway is on an arterial street: one thousand two hundred fifty (1,250). 3. Article XXIII. General Supplemental Regulations Sec. 20-906, Rural lot buildings eligibilities (b)(8)Each site must have at east one acre (1) of area which can support two (2) septic system sites on a slope of less than twenty-five (25) percent. _ RECOMMENDATION Staff would recommend that the Planning,Commission amend the Comprehensive plan and the Zoning Ordinance to eliminate the minimum lot size in the rural area as noted in the report. — ATTACHMENTS • 1. Original staff report Dated February 27, 1992. - CITY TF -- CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Planning Commission FROM: Kate Aanenson, Planner II SUBJ: Minimum Lot Size in the Rural Service Area LUP 92-1, ZOA 92-1 DATE: February 27, 1992 Background The Metropolitan Council had previously mandated that all development in the rural service area have a density of 1 unit per 10 acres. In the case of the Lake Ann Interceptor Agreement, Chanhassen was required to comply with a minimum lot size of 2.5 acres. The rural service area is that portion of the city that has on-site sewer. — During a review of the Metropolitan Rural Policy in 1991, we realized that they had backed away from the 21 acre standard, and retained the 10 acre density requirement. Consequently, the City requested the Metropolitan Council to approve a contract — amendment to the Lake Ann Agreement to eliminate the lot area standard while maintaining adherence to the density requirement. The Metropolitan Council unanimously approved this contract amendment. In December of 1991, the Metropolitan Council amended their policies for the Rural Service Area. The density will still remain at one unit per 10 acres but there will no longer be a minimum lot size. One of the major goals of this change, as stated in the policies, "encourages communities to implement the density standard through clustering where appropriate. Clustering may aid in adapting the density policy to the diverse character of the landscape. Some areas have lakes, wetlands, wildlife areas, or difficult soil conditions to make clustering more desirable." Is t01 PRINTED ON RECYCLED PAPER Chanhassen Planning Commission February 27, 1992 Page 2 The policies recommend that lot sizes should be determined by performance standards. At a minimum, they should ensure at least two sewage disposal drainfields on each site, a — primary drainfield, and a replacement should the original fail. Standards regulating minimum lot sizes are reflected in the City's Comprehensive Plan and — Zoning Ordinance. Any changes to the Comprehensive Plan will be submitted to the Metropolitan Council for review. Analysis The City's Zoning Ordinance establishes standards for building in the rural service area. — These standards are outlined in Article XXIII, General Supplemental Regulations, Sec. 20- 905, Rural Lot building eligibilities (Attachment #1). The Comprehensive Plan and the Zoning Ordinance need to be amended to reflect these changes. Staff would recommend the following changes to the Land Use Element of the Comprehensive Plan, Residential-Large Lot (R-LL) section, which states: "Large-Lot residential developments are subject to a -- -- . -- . - - . . - ' - . — overall density limitation of one unit per ten acres... The only means by which new lots can be created is from clustering 2.5 acre lots at a gross density of 1 home per 10 acres." The 2000 Land Use Map shall also be amended to reflect this same change. The Zoning Ordinance should be amended in the following areas. — 1. Article X. "A-2" Agricultural Estate District Sec. 20-575, Lot Requirements and Setbacks — (1) ". .. - - _ . - . The minimum lot size shall be subject to Section 20-906 rural lot building eligibilities. 2. Article XI. "RR" Rural Residential District Sec. 20-595, Lot Requirements and Setbacks (1) - - . ; . . - . The minimum — lot size shall be subject to Section 20-906 rural lot building eligibilities. 3. Article XXIII. General Supplemental Regulations — Sec. 20-906, Rural lot building eligibilities (b)(8) Each site must have at least one acre (1) of area which can support two (2) septic system sites a building pad and well with a slope of — twenty-five (25) percent of less. Chanhassen Planning Commission February 27, 1992 Page 3 (A) Common septic tanks may he used for adjoining lots where appropriate to support clustered development. Two septic sites must still be provided and protected by easement on a slope of twenty-five (25' percent of less. The applicant will be required to develop disposal system plans prepared by a qualified engineer for city approval. Such systems should he designed to promote future hookups into city sewer lines that may ultimately be made available. RECOMMENDATION Staff would recommend that the Planning Commission amend the Comprehensive Plan and the Zoning Ordinance to eliminate the minimum lot size in the rural area as noted in the report. § 20-906 CHANHASSEN CITY CODE Sec. 20-906. Rural lot building eligibilities. (a) All lots located outside of the Metropolitan Council's Metropolitan Urban Service Area boundary shall be created in conformance to the requirements of article X or XI of this chapter. (b) A new single-family building may be established or a lot containing an existing single-family dwelling may be subdivided only if the following provisions are met: (1) A one-unit per ten-acre density is maintained using the following guidelines: 0-19.99 acres equals one (1)single-family unit. 20-29.99 acres equals two(2)single-family units. • 30-39.99 acres equals three (3)single-family units, etc. - (2) Existing parcels of record established prior to February 19, 1987, shall be deemed as buildable lots. This provision also applies to those lots affected by paragraph (10). (3) All lots shall have the minimum frontage on a public road as regulated in sections 20-575 and 20-595. To reduce the number of driveways on collectors and arterials, up to two (2)parcels will be allowed to be accessed by a private easement. - • Supp.No.3 1230.8 ZONING § 20-907 (4) All lots must have soil and water conditions which permit a well. (5) All lots must have conditions which will permit two (2) on-site sewer systems in- stalled in conformance with chapter 19, article W. (6) The one (1) unit per ten-acre density applies to contiguous property under single ownership. Acreage under single ownership, which is not contiguous, cannot be combined for increased density/building eligibility on one (1)of the parcels. Transfer of development rights from one (1)parcel of land to another is not allowed, except as permitted in paragraph(9)below. (7) Once a building eligibility has been used for a property, a development contract must be recorded with the county establishing the number of building eligibilities remain- ing or documenting that no building eligibility remains. Transfer of development rights from one(1)parcel of land to another is not allowed. (8) Each site must have at least one (1) acre of area which can support two (2) septic system sites, a building pad and well with a slope of twenty-five (25)percent or less. (9) Parcels which do not have public street frontage and are landlocked may transfer building eligibilities to an adjacent parcel which does ha-. Jublic street frontage and meets other provisions of this section. • _ (10) Applications for subdivisions in the rural service area az identified in the compre- hensive plan to contain a development density of one (1) unit per two and one-half (21 ) acres will be accepted until 4:30 p.m. on January 15, 1987, if the following information is submitted to the planning department: a. Completion of the application for subdivision. b. Submission of the public hearing list of surrounding property owners. c. Submission of a boundary survey with the proposed lot pattern. d. Submission of required application fees. Further,these applications must also be accompanied by additional data required for preliminary plat approval in a manner which will achieve preliminary plat approval by July 1, 1987 unless the city council deems to table final action on the application until after July 1, 1987. (Ord. No. 80, Art. VI, § 7, 12-15-86) Sec. 20-907. Height regulations. (a) Where the average slope of a lot is greater than one(1)foot rise or fall in seven(7)feet of horizontal distance from the established street elevation at the property line, one (1)story in addition to the number permitted in the district in which the lot is situated shall be permitted on the downhill side of any building. (b) The height limitations stipulated elsewhere in this chapter shall not apply to the following: (1) Barns, silos, or other farm buildings or structures on farms; church spires, belfries, cupolas and domes, monuments, water towers, fire and hose towers, observation 1231 AMENDMENTS TO 'THE METROPOLITAN DEVELOPMENT AND INVESTMENT FRAMEWORK (MDIF) POLICIES FOR THE RURAL SERVICE AREA Adopted December 5, 1991 - Metropolitan Council Mears Park Centre 230 E. Fifth St. St. Paul, MN 55101 - Publication No. 640-92-012 AMENDMENTS TO THE METROPOLITAN DEVELOPMENT AND INVESTMENT FRAMEWORK (MDIF) INTRODUCTION — On the pages that follow are amendments to the Metropolitan Development and Investment Framework (MDIF) that were adopted by the Metropolitan Council on December 5, 1991. The amendments affect three sections of the MDIF. New language is indicated by underlining. ••- Language that was deleted from the MDIF is stricken (stficken). Pages 1-9 of the amendments modify pages 22-25 of the MDIF, beginning with the section titled "Rural Service Area." This is part of the Geographic Policy Areas section of the MDIF, and contains the policy statements. Pages 10-14 are modifications to pages 33-35 of the MDIF section titled "Planning and Investment Procedures: the Council and Metropolitan Systems." This section gives direction for future revisions of other chapters of the Metropolitan Development Guide; in this case, the Wastewater Treatment and Handling Policy Plan and the Transportation Policy Plan. A small change was also made to the section on parks which relates to the rural area. This change is being made now in order to incorporate policy direction from the recently adopted Regional Recreation Open Space Development Guide/Policy Plan. It is consistent with discussions of urban-generated uses, held in connection with the rural policy study. Pages 15-16 are two new appendices to the MDIF. The first is "Criteria for Council Approval of Local Plans That Are Inconsistent With MDIF Rural Area Policies." The second is "Land Uses in the Rural Area." This clarifies for the Council and local governments what land uses are appropriate for the commercial agricultural region as compared to the general rural use area. For additional copies of this document, for the Metropolitan Development and Investment Framework itself, or for additional background information, contact the Metropolitan Council Data Center, 230 E. Fifth St., St. Paul, MN 55101; telephone 291-8140. The MDIF costs $5; the other documents are free. Questions about the policy amendments should be directed to Anne Hurlburt of the Council staff, 291-6501. AMENDMENTS TO THE METROPOLITAN DEVELOPMENT AND INVESTMENT — FRAMEWORK (MDIF) - PART ONE MDIF, Page 22-25 RURAL SERVICE AREA The focus of the Council's growth-management strategy of encouraging growth within an urban service area requires an accompanying policy that limits growth in the rural area. Extensive — development outside the metropolitan urban service area is not appropriate because it can lead to premature and costly demands to extend regional services such as sewers and highways, and does not take advantage of regional investments that have been made in the urban service area. —' Development outside the urban service area contributes to urban sprawl and increases the costs of services. Some services that require higher concentrations of people to be cost-effective, such as transit. may become prohibitively expensive. Development in the rural area also results in demand for local services, and can change the character of rural communities. While existing service levels may be low, new residents are likely _ to demand additional services. Development can result in erosion of the natural and man-made environment that attracted residents in the first place. Conflicts often develop between new exurban residents and residents who depend on agriculture for all or part of their livelihoods. Development in the rural area can have adverse impacts on the quality of the natural environment. Protecting and maintaining the quality of surface water and groundwater is a key concern of the Council. While technological advances have improved on-site sewage disposal — systems, their proper installation and maintenance is still a critical concern. A common misconception is that agriculture and other rural activities are only temporary land uses.just waiting for the land to be developed. Most of the rural area will not be needed for urban development in the foreseeable future. Agriculture and rural land uses are legitimate and permanent land uses in these areas. - As the region grows, there will be a need to expand the urban service area into some areas that are currently rural. There are potential regional, as well as local, impacts from inappropriate development of the rural areas that may be needed to expand the urban service area. If communities do not plan for their future urban service areas before development occurs, it is possible that land uses and development patterns may later block the contiguous. efficient and cost-effective extension of local and regional urban services. 1 The cumulative negative impacts of development that is inconsistent with the Council's rural area policies may have a substantial impact on or constitute a substantial departure from metropolitan transportation and wastewater treatment systems plans. Therefore, the Council may require communities to modify comprehensive plans that are inconsistent with the policies. Some communities cannot comply with all of the Council's policies for the rural area because they have existing development patterns that are inconsistent with the policy. In the past, the Council has found these plans to be inconsistent with regional policies, but has not provided a procedure for making exceptions to the policy where it may be warranted. Criteria for Council approval of inconsistent plans are provided in an appendix to this document. Commercial Agricultural Area The commercial agricultural area includes those lands certified by local governments as eligible for agricultural preserves under the 1980 Metropolitan Agricultural Preserves Act. This approach places the responsibility for defining agricultural lands on local governments. With Council protection policies for commercial agriculture focused only in areas where there are local government plans and protections, local and regional policies support one another. The amount of land included in the commercial agricultural area is large, covering about 600,000 acres in 4-9.8.51990. This constitutes over half the farmland in the seven-county area. The geographic area defined as the commercial agricultural area is subject to frequent change = when tied to the Agricultural Preserves Act because land can go into and out of certification when local governments decide to alter its status. Local governments may replan and rezone certified areas if a change in policy is desired, but this change must occur as a public process. For _ the purposes of this document, the commercial agricultural area is defined as the area certified as of March 1 of each year. This date is the end of each Council reporting year required under the Agricultural Preserves Act. Under the Agricultural Preserves Act, a local government passes a resolution certifying land eligible for protections and benefits and limiting housing density to one unit per 40 acres. The certified area is then considered long-term agricultural land. The local comprehensive plan and zoning ordinance must reflect this land use and zoning. Farmers owning land within the certified area may then enter the program. Land in the program is referred to as covenanted land. The Agriculture Preserves Act provides protection for the farmer from urban assessments, property taxes at development value and conflicting land uses in exchange for a legal commitment to continue farming for at least eight years. Within the commercial agricultural area, all land has been certified by local governments as eligible for the agriculture preserves program. However, the Council recognizes two levels of protection in the commercial agricultural area: primary and secondary protection areas. Primary protection areas are lands covenanted as agricultural preserves. They will receive the greatest protection possible from incompatible uses because the greatest level of commitment to farming has been established. 2 Secondary protection areas cover the farms in the area that have not yet formed been covenanted as agricultural preserves. The Council believes the commercial agriculture area is a place where agriculture is the best — permanent use of the land. Long-term investments in farm equipment and in land preservation can be made with the confidence that urban development is not going to destroy or limit these investments. — General Rural Use Area The general rural use area is the area outside the urban service area that is not designated for commercial agriculture. Over 40 percent of the land in the Metropolitan Area falls in this category. The area contains a wide variety of land uses, including agricultural, residential and urban-type facilities. There are sizable parts of the general rural use area that host no particular kind of land use--land that is often called unused. Most of the area looks rural, but many of its residents are tied economically to the urban area and many of its land uses provide services to people living in the urban service area. Four major types of uses exist within the general rural use area. General Farmland A large part of the general rural use area is devoted to agriculture. The Council supports the — continuation of agriculture and encourages local governments to support it by zoning agricultural land at one unit per 40 acres. For farms within an area so zoned that are subsequently certified eligible s —up for the agriculture preserves program, the Council will reclassify them as part of the commercial agricultural area. Rural Residential Development Rural residential development maybe an appropriate land use in areas that are hilly, wooded or otherwise unsuited to agricultural production. The Council urbanization. The Council supports this type of use as long as the density does not exceed one housing unit per 10 acres of land. The Council will compute rural residential density on the basis of b40-acre parcels Cone square mile or section based on the public land survey). This will prevent excessive clustering of a large number of homes on small lots that sizes, bu • _ _ . .•• •- _ __. _. ._._. ._- - .. _ •_ . .. ..- ' could result in the need for urban services, such as package sewerage disposal systems Some communities in the rural area have significant land area in public parks and open space, or wetlands that are legally restricted from development. Others have protected large amounts of agricultural land by designating it part of the commercial agricultural area. The Council will recognize this when it applies the density policy. Lower densities in areas restricted from development may be used to balance higher densities in sections without such limitations, provided it does not result in excessive clustering that would create demands for services Csuch as sewer and water systems, storm sewers, roads and other urban services) not typically needed in 3 rural developments. The only areas that will be excluded from this calculation are surface water and major metropolitan highway rights-of-way. The Council encourages communities to implement the density standard through clustering where _ appropriate and consistent with local planning objectives. Implementing the density standard as a 10-acre minimum lot size is simple to administer, but may result in an inefficient development pattern and in more land removed from agricultural production than if smaller lot sizes are used. _ Clustering may aid in adapting the density policy to the diverse character of the landscape. Some areas have lakes, wetlands, wildlife areas, large areas of public lands or difficult soil conditions that make clustering more desirable. Other areas have good agricultural land that can be protected through clustering, and used to balance the density of development on areas less suited to agriculture. The Council does not recommend a minimum lot size. Lot sizes in the general rural use area should be determined by performance standards. At a minimum, they shall ensure at least two sewage disposal drainfields on each site, a primary drainfield and a replacement should the original system fail. All residential development in the general rural use area must be subject to the standards for proper design. location, installation, maintenance and on-going monitoring provided by the Council's Wastewater Treatment and Handling Policy Plan to ensure against negative impacts on the environment and the metropolitan wastewater treatment system. Existing Urban-Density Development Residential subdivisions, mobile home parks and clusters of moderate-density residential development also exist in the general rural use area. They frequently demand urban services but are in locations where urban services are difficult or costly to provide. The Council's principal concern is the potential need for the costly extension of central sanitary sewer and particularly metropolitan sewer service. pports 4evelepment in the general rural use area - ' - - -- -- -. = - - - . Local governments with existing urban- density development should address the operation and maintenance issues of on-site systems to avoid potential problems and the eventual need for costly local investments. Urban-Generated Uses Many facilities exist in the general rural use area that require isolated and spacious locations but may be intended to serve the urban or entire metropolitan area public. These facilities include campgrounds and recreational vehicle parks, regional parks, trails, waste disposal installations, racing facilities, gun clubs, festivals, mining sites and similar facilities, and are usually public or quasi-public in nature. The general rural use area is an appropriate location for these facilities. The Council's interest is that these facilities are provided with adequate public services adequately served, consistent with local and regional plans, and to the extent possible, that they do not interfere with agricultural activities. Other Land Uses In addition to agriculture, single-family residential development, existing development and urban- generated uses, there are other land uses that may be appropriate in the general rural use area. Whether or not a land use is appropriate depends on whether it is consistent with local and 4 regional plans and if it meets all environmental quality standards. An appropriate land use would not require urban-level support services (such as highways. transit or sewers). Uses should he of a scale compatible with the services available and the need to serve local market demands. To the _ extent possible, they should not interfere with agricultural activities. One category of land uses that may be appropriate in the rural area is neighborhood convenience retail. such as a grocery store or gasoline station. If it is of an appropriate scale to serve local residents and does not need urban sewers or highways, it may be appropriate in the general rural use area. Even though a particular land use may be acceptable from a regional perspective, the Council will not recommend that every community provide for every possible land use in its rural area if it would not he consistent with local plans. Each community must determine whether particular _ land uses would be compatible with existing uses, local standards and the goals of the community. All uses would be subject to any local, regional or state permitting or licensing requirements. Examples of uses that may be acceptable are included in an appendix to this document. Lot sizes for all land uses should be determined by performance standards. At a minimum, they should ensure at least two sewage disposal drainfields on each site, a primary drainfield and a replacement should the original system fail. All development in the general rural use area must be subject to the standards for proper design, location, installation, maintenance and on-going monitoring provided by the Council's Wastewater Treatment and Handling Policy Plan to ensure against negative impacts on the environment and the metropolitan wastewater treatment system. Rural Centers Rural centers historically have served as retail service centers and transportation centers for the surrounding rural area. However, changes in agriculture and rapid urban expansion have changed the traditional rural service roles of many of these small centers to residential areas for urban people and locations for industries with little tie to local agriculture. The latter make use of available labor in rural areas and, by their nature, tend not to be dependent on close contact with other firms for their supplies or critically dependent on transportation. The Council has identified 35 rural centers, with populations ranging from just over 100 to more than 5,000. Some rural centers, such as Norwood and Young America, encompass the entire — corporate limits of the community. Others, such as Lake Elmo, are small enclaves within a larger rural community. Services available within rural centers vary. Some have central sanitary sewer; others depend on on-site waste disposal systems. Some have central water systems. Some provide the full range of convenience retail stores, while others have only a bar or gas station. Some have small manufacturing or service businesses; others are almost exclusively residential. The Council does not support the extension of regional systems to rural centers because of the distance from the urban center and the small populations of rural centers. _ Rural locations in the past decade have been attractive and some, although not all, communities have experienced an upsurge in growth, principally residential development. Development trends — are down from the highs noted in the early 1970s but continue at modest levels into the 1980s. 5 Several services are important in adequately serving additional rural center development, but sewage disposal is the most critical. Urban-density development in an unsewered rural center poses the risks of on-site sewage system failure, contamination of groundwater and eventually the expense of new on-site or central sewer system installation. The possibility also exists that remedying a pollution problem may require an extension of metropolitan sewer service through rural areas. Lack of sewer service is a serious constraint on the amount and type of development that rural centers can safely accommodate. Some parts of the rural Metropolitan Area, especially Anoka County, are receiving large amounts of scattered urban development. This scattered development poses service problems and may, at a later date, result in very high local service costs. The Council proposes a strategy that offers local government an alternative way to structure this development by designating and creating a "rural center." These new centers would be limited enclaves for urban-density land uses, facilities and services within the local governments' broader corporate jurisdictional boundaries. They would not be coterminous with the entire corporate jurisdictional limits. Under this strategy, a local government would identify an area to receive urban-density residential, commercial and industrial development and the facilities, including local central sewer, where appropriate, needed to serve it. Financing of necessary support services would be a local responsibility. Areas of existing urban-density uses are likely candidates for selection as new rural centers. Rural centers should accommodate additional development consistent with their ability to finance and administer services, including sewer, roads, water and stormwater drainage. If additional land is needed to accommodate growth, rural centers should extend services in a staged, contiguous manner. Residential, commercial and industrial development at urban densities should be accommodated only in rural centers with central sanitary sewers that are meeting state and federal water quality standards. Larger projects should be located in freestanding growth centers that have a full range of services. Rural-to-Urban Transition Planning Rural-to-urban transition areas are areas that may eventually be needed for expansion of the urban service area but are currently part of the rural service area. While these areas will not be considered a separate regional policy area. the Council encourages local governments to plan for potential expansions of the urban service area in their comprehensive plans. Communities planning for transition areas should consider land characteristics (such as soils, wetlands, watershed boundaries, agricultural soil capability), existing land use and development patterns, the transportation system, and long-range plans for expansion of local and regional utility systems. Transition areas should generally be contiguous to the existing urban service area. In most cases, it would not include the entire jurisdictional limits of the local government, but might if the community wishes to plan for the eventual urbanization of the area. Land in a transition area should be protected from incompatible development patterns and land uses that may later obstruct the extension of urban services. The most effective strategy to protect the transition area is to restrict development to very low-density (one per 40 or less). residential development or agricultural uses, which preserves large parcels intact until they can be subdivided into small lots and provided with urban services. If residential subdivisions are permitted, clustering should be encouraged. The large parcels remaining may later be efficiently 6 resubdivided. and the smaller, clustered lots can be more economically provided with services or bypassed if necessary. Local governments should use caution in implementing "ghost platting" or similar methods for subdividing land into large lots with the intention of resubdividing them when services are to be provided. Resubdivision and installing utilities in existing subdivisions can be a very difficult process and result in higher costs. The development pattern established may not be appropriate or desirable when the area is incorporated into the urban service area. Local governments may also want to consider whether the land uses permitted in transition areas — would discourage or prevent urbanization in the future. For example, a use that requires a spacious, isolated location should probably not be located where it is likely to be surrounded by incompatible urban development in the future. — The Council will review local comprehensive plans that include plans for rural-to-urban transition areas. but will not commit to the future extension of metropolitan services to serve the area or to any time frame for expansion of services beyond the urban service area. The Council will continue to apply its policies and criteria for expansion of the urban service area when a regional need has been demonstrated. The Council will support local efforts to prevent development incompatible with future urbanization. The Council will examine the need to plan for rural-to-urban transition areas in its metropolitan systems plans. Local plans will be considered but will not determine the transition areas designated for regional purposes. RURAL SERVICE AREA POLICIES 17. The Metropolitan Council does not support extensive development outside the urban service area because it can lead to the premature expansion of local and regional services, and fails to take advantage of regional investments that have beenmade in the urban service area. The cumulative negative impacts of development that is inconsistent with the Council's rural area policies may have a substantial impact on or constitute a substantial departure from metropolitan transportation and wastewater treatment systems plans. Therefore, the Council may require communities to modify comprehensive plans that are inconsistent with the policies. The Council will consider exceptions to the policies for local governments that cannot meet the policies because of existing subdivisions or land development. Commercial Agricultural Area 138. The Metropolitan Council supports the long-term continuation of agriculture in the rural service area. The Council will use the following ranking in decisions to accommodate facilities serving urban residents. 1. Primary protection area: land covenanted in agriculture preserves will receive primary protection. Urban facilities should be prohibited in this area unless there 7 is strong documentation that no other locations in the Metropolitan Area can adequately meet the siting and selection criteria. _ 2. Secondary protection area: lands certified but not presently in agricultural preserves will receive a level of protection secondary to agricultural preserves. Urban facilities should not be located in this area unless there is strong evidence that a proposed urban use cannot be located in the general rural use area. General Rural Use Area 1819A. The Metropolitan Council supports long-term preservation of agricultural land in the general rural use area. However, the Council will also support residential development at densities of no more than one unit per 10 acres computed on a 640-acre basis (a maximum of sixty four units per 40-acres square mile based on the public land survey). The Council will allow land area in public parks or open space, wetlands that are legally restricted from development, and agricultural land that has been designated as part of the commercial agricultural area to be used to balance higher densities in sections without such limitations, provided that it would not result in excessive clustering that would created demands for urban services. The only areas that will be excluded from this calculation are surface water and major metropolitan highway rights-of-way. 19B. The Council encourages clustering of residential development, which will result in a more efficient development pattern and help to protect agricultural and environmentally sensitive lands. Lot sizes in the general rural use area should be determined by performance standards. At a minimum, they shall ensure at least two sewage disposal drainfields on each site, a primary drainfield and a replacement should the original system fail. 19C. The Council will not extend metropolitan systems to serve urban-density residential development in the general rural use area. Where urban-density development already exists, a local government should address service issues in its plan, particularly on-site sewer system operation and maintenance. 19D. In addition to agriculture, single family residential development, existing development and urban-generated uses, the Council will support other land uses in the general rural use area, provided that they are consistent with local and regional plans. Appropriate rural land uses must meet all environmental quality standards, not require urban-level support services, and be of a scale compatible with the services available and the need to serve local market demands. To the extent possible they should not interfere with agricultural activities. Rural Centers 204.9 The Metropolitan Council will support a rural center's plans to accommodate additional growth provided they are consistent with the center's ability to finance and administer services, particularly sewer service. The Council supports rural center service improvements but not at regional expense. 8 210. The Council will support a local government's plan for a new rural center and its requests for state and federal grants, provided the local government restricts urban densities from surrounding rural areas and will support the new center with necessary service investments. Rural-to-Urban Transition Planning 22. The Metropolitan Council will encourage local governments to plan for rural-to-urban transition areas in their comprehensive plans, and will support local efforts to prevent development incompatible with future urbanization. The Council will not commit to the future extension of metropolitan services to serve the area until such time as there is a demonstrated, regional need to expand the urban service area in accordance with established Council policies and criteria. Local plans will be considered but will not determine transition areas designated for regional purposes. 9 PART TWO MDIF, Page 33-35 PLANNING AND INVESTMENT PROCEDURES: THE COUNCIL AND METROPOLITAN SYSTEMS The Metropolitan Council is concerned with managing metropolitan systems in ways that will help realize the objectives for long-term development of the region as reflected in this document's discussion of the geographic policy areas. The following metropolitan system guidelines provide direction to the Council's systems for developing the more detailed policies and programs contained in the individual system plans. The metro governance process, discussed later, explains the procedures for carrying out the guidelines through the actions of the metropolitan agencies. METROPOLITAN SYSTEM GUIDELINES The Council is committed to providing regional services and facilities within the urban service area. However, the Council will not support development of facilities substantially in excess of forecasted need. The challenge to the Council and commissions is to find the middle ground between overbuilding and undersizing essential facilities. Some facilities that deliver services to the urban service area will have to be physically located within the rural service area even though they primarily serve people living in the urban service area. This may result from land requirements, the location of natural resources or the need for interregional connections. For example, solid waste landfills with requirements for large acreages will likely be located in the rural service area; sand and gravel extraction and regional parks depend on the location of the resource and often occur in the rural service area; and highways, power lines and pipelines that tie this region to other parts of the state and nation will have to traverse the rural service area. When urban facilities must be located in the rural area, they will be located, developed and operated in a manner that minimizes interference with agriculture and the rural settlement pattern. Sewers Only land within the urban service area will receive regional sewer service. Service will be provided in accordance with regional and local staging of development as outlined in the Council's sewer policy plan and local comprehensive plans that are in conformity with the Council's regional plan. The Council will take the necessary actions to provide metropolitan sewer interceptors and wastewater treatment plants adequate to transport sewage generated by users in the urban service area and to treat it to the extent necessary to meet the requirements of the national pollution discharge elimination system permit for each treatment plant. Central sewer service currently provided in rural centers can continue at levels consistent with each center's ability to finance and operate systems locally. In rural centers or any other part of the rural area receiving regional sewer service, the Council will determine regional service allocations for sewer flow using the same procedures that are used for other communities located within the metropolitan urban service area. 10 The Council will assure the continuation of service adequate to meet the needs of development currently receiving regional sewer service. In order to meet this commitment, the Council emphasizes the need to monitor the condition of older sewers and sewers with a history of — problems, as well as the trends in sewage volume as opposed to design capacity. The Council will also work for increased coordination between the sewer and the solid waste system in the area of planning and project development of composting and co-composting. Recycling residuals from the waste treatment process with municipal solid waste may help resolve disposal problems confronting both the sewer and the solid waste systems. The Council will establish standards for on-site sewage disposal systems in the rural area to protect the region's groundwater and the health of rural area residents. and to prevent the need for premature extensions of the regional sewer system. All elements of the Minnesota Pollution Control Agency standards for on-site sewage disposal systems should be followed in all areas. All communities shall require at least two sewage-disposal drainfields to be located on each building site, a primary drainfield and a replacement should the original system fail. Except in the commercial agricultural area, all facets of the Council's standards for the proper design, location. installation. maintenance and on-going monitoring of on-site systems should also he adopted. The Council will require all communities to certify that they have met these standards prior to approval of local comprehensive plan amendments or making favorable recommendations in project reviews. The Council will review its existing policies concerning community on-site sewage disposal systems and package treatment plants in the rural area in light of the Council's policy to encourage clustering in the rural area and the improved technology which is or may become available in the future. The Council will also consider whether monitoring of rural water supplies may be necessary to detect pollution from on-site sewage disposal systems. Planning for the metropolitan sewer system should address the impacts on the system from development outside the urban service area; specifically, impacts on the service availability charge (SAC), and the underuse of metropolitan sewer facilities. Planning for the metropolitan sewer system should also consider how local comprehensive sewer plans should address the rural-to-urban transition areas, and protect them from incompatible development that may later block the efficient extension of the sewer system. Transportation Metropolitan highway improvements will be planned and developed to serve the needs of residents in the urban service area, including the freestanding growth centers. Highways will be provided in accordance with the Council's regional transportation policy plan and local comprehensive plans that are in conformity with the Council's regional plan. Varying levels of highway service will continue to exist in the urban service area due to travel behavior, development patterns and the nature of highways facilities, but efforts will be made to provide a reasonable level of metropolitan highway service throughout the urban service area. 11 The Council influences metropolitan highway development in a variety of ways. The Minnesota Department of Transportation (Mn/DOT) constructs and maintains most of the roads in the metropolitan system, and the ultimate authority for highway programming decisions rests with the state commissioner of transportation. However, Mn/DOT seriously considers the Council's highway policymaking and project planning in virtually all metropolitan area highway priorities. The Council approves construction on controlled-access highways and develops guidelines for setting highway priorities as well as guidelines for approval of interchange improvements. The Council is also responsible for endorsing Federal Aid Urban and Interstate Substitution funding priorities, which are set by local elected officials acting through the Council's Transportation Advisory Board. Highway planning is very important because the ability of people to take advantage of the opportunities the area offers and acquiring essential goods and services depend on having a good highway system and on keeping it operating well. This means roads on the existing system must be able to provide the type and level of service designated in the Council's transportation policy plan. Traffic management strategies or new construction will be necessary when traffic volumes approach design capacities, when road conditions pose hazards and slowdowns, and when new developments are proposed that differ substantially from assumptions made in the regional transportation plan. Implementing traffic management strategies for metropolitan highways is a state or regional responsibility that frequently has direct or indirect implications for local systems. Local governments will have primary responsibility for carrying out traffic management strategies on local systems. New sources may share the responsibility for funding new construction with the traditional county, state and federal sources. New sources may include the region, local governments and the private sector. With the potential for funding and operational limitations, denying access to the regional system may also be necessary for unanticipated new developments. Highway planning should also address air pollution caused by heavy concentrations of auto, truck and bus traffic. Although this problem has traditionally been associated with the two metro centers, it is a growing problem in the regional business concentrations where highways are reaching capacity. The relationship between metropolitan highways and outstate Minnesota is another consideration in highway planning. The Council recognizes the importance of outstate connections, particularly for economic development_, . - . . . ._ '_ _. _ _ .. _ . _ __ . • Metropolitan highways in the rural area will be planned to support a level of development consistent with the Council's rural density policies. The Council will not plan for a level of service that would support or encourage development greater than the policy except where an exception has been approved according to the guidelines of the Metropolitan Development and Investment Framework. Highway planning must also consider the rural-to-urban transition areas, and how rights-of-way for the system of principal and minor arterials that will be needed in the future should be protected from incompatible development. 12 Buses operating on streets and highways will probably dominate public transit service through the remainder of the century. This does not preclude the introduction of some fixed-guideway facilities in heavily traveled corridors, but costs and time constraints work against a massive shift in form over the next 15 years. Nevertheless, the Council will continue to seek creative, forward- looking solutions to transit service problems. Locations with large numbers of households and/or high employment in relatively small areas offer good potential for public transit service. It is also important to provide transit to the people who have no other way to travel. This generally means elderly, handicapped, low-income and young people. Providing service to these people will probably involve above-average subsidies. — Some parts of the urban service area with low-density development may be served only by paratransit on a demand basis. This is also true for some of the transit-dependent people who live in low-density areas or cannot use the public system. Regularly scheduled regional transit service will not be provided to the rural service area, but residents of the area can arrange for and finance public transit or public paratransit on their own if they so desire. This does not preclude the Council or the Regional Transit Board from becoming involved in planning for the special mobility needs of elderly and handicapped people in the rural service area or for the use of public funds specially appropriated for this purpose. Transit planning will take into account the cost of providing transit services to low-density areas. and how that may change over time as transit-dependent populations increase in these areas. Planning for highways and transit should consider the relationships among transportation needs, population densities and the provision of human services including public schools. health and social services, employment opportunities and emergency services. Parks The regional parks and open space system includes facilities in both the urban and rural service areas. Regional recreation open space will be acquired to serve the needs of today's urban population and to preserve outstanding natural and recreation resources for the area's future — population. Facilities will be developed according to priorities in the Council's regional park plan, which will emphasize the needs of residents in the urban service area. The development of regional park facilities that attract large numbers of users will generally occur in the urban service area, unless the demands cannot be adequately met. If it is necessary to develop such facilities in the rural service area, adequate support services such as roads and — sewers must be provided. Airports Every effort will be made to get the maximum use out of the existing airport system, consistent with the Council's airport policy plan. This is especially important for the "major" and "intermediate" airports, all of which are located in the urban service area. These facilities should continue to operate and to operate safely even if it requires substantial upgrading of existing facilities and modifications or controls on nearby land uses and development proposals. Land use 13 compatibility is critical to ensure future as well as current adequate operations at the regional airports. If a new "minor" airport site is needed, lands in the commercial agricultural area as defined in this document should be avoided. In addition, the only facilities developed on or adjacent to the airport should be those directly involved with making it useable and safe. Other Area Systems This framework focuses on the four metropolitan systems of sewers, transportation, regional parks and airports because the Council has special obligations and responsibilities for them under the Metropolitan Land Planning Act. Under the Waste Management Act, the Council's solid waste program has the same status in many respects as the four metropolitan systems and will receive the same level of protection as those systems. However. The Council also has planning responsibilities for several other systems that serve the residents of the Metropolitan Area. Currently, the Council has adopted plans dealing with housing, health, surface water management, juvenile justice and water resources, as well as major position papers on the aging, arts and development disabilities. All of these planning documents and the programs associated with them contribute to metropolitan resource management. The Council must direct attention to the impact of this framework and metropolitan system plans on these other area plans and programs, as well as the extent to which the other plans and programs modify the development and investment framework and metropolitan system plans. The Council also recognizes that numerous interrelationships exist among the other area system plans and the metropolitan system plans. Examples include aging and health, transportation and housing, and sewers, solid waste and water resources. For some of the other systems, the relationships are less obvious. However, all of the systems, whether designated as metropolitan or not, have the following in common: a) assumptions about future directions of area-wide growth and change and reliance on a uniform set of forecasts; b) accountability to Council legislative mandates; c) concern with orderly and economic development; d) adherence to the same process of regional planning and decision-making; and e) reliance on the area's population for most of their financial support. 14 PART THREE MDIF, Appendices Appendix: Criteria for Council Approval of Local Plans that are Inconsistent with MDIF Rural Area Policies Some communities in the rural area have existing development patterns that are inconsistent with Council policy. Specifically, some communities have already developed at-residential densities greater than one unit per 10 acres. This appendix provides criteria and procedures for review and approval of local comprehensive plans that are inconsistent with the density policy_ Exceptions to the policies for the rural area will be considered only for communities that cannot meet the policy because of the existing subdivisions or land development. The Council may approve an exception as part of its review of a local comprehensive plan. The extent of the exception will be based upon how well the community will or has: • protected good agricultural land; • protected wetlands and other environmentally sensitive areas; • implemented performance standards for on-site sewage disposal systems that are consistent with the Council's Wastewater Treatment and Handling Policy Plan; and • adopted a comprehensive plan consistent with all Metropolitan Development Guide chapters, especially those for the metropolitan systems (sewers, transportation, aviation and parks.) In order for the Council to support an exception to the rural density policy, the community must provide the following as a part of its comprehensive plan amendment: 1. The total land area (acreage) of the community, adjusted for surface water and major highway rights-of-way. 2. The number of existing lots of record. 3. The amount and location of land owned by public agencies or occupied by institutional uses and restricted from development. 4. The amount and location of undeveloped land, with an analysis of its development potential based on current and proposed planning and zoning. 5. The amount and location of land planned and zoned for uses other than agriculture and residential development, with a description of uses that will be permitted. 6. The amount and location of agricultural land uses, and any areas that will be certified eligible for the Metropolitan Agricultural Preserves program. 7. The amount and location of wetlands, with information demonstrating how such areas will be protected from development. 8. Copies of all local ordinances relating to adoption of performance standards for on-site sewage disposal systems. 9. The location of any proposed rural-to-urban transition areas, along with plans and policies to protect such areas from premature or incompatible development. 10. Additional information that may be necessary to bring the local comprehensive plan into compliance with metropolitan systems plans. 11. Schedule for implementing the plan amendment. 15 Appendix: Land Uses in the Rural Area This appendix helps clarify what land uses may be supported by Council policy for the rural service area. and provides guidance for both the Council and local governments. It is important to remember that even though a particular land use may be acceptable in the rural area from a regional perspective,the Council will not recommend that every community provide for every possible land use in its rural area if it would not be consistent with local plans. All uses would also be subject to any local, regional or state permitting or licensing requirements. Land Use Recommendations for the Rural Area Policy Area Examples of Consistent Land Uses Commercial Agricultural: broad range of agricultural land uses, including horse boarding and Agricultural Region training, kennels, sod farms, tree farms, fish production and processing, storage areas or buildings; for primary protection areas, uses consistent with 1980 Agricultural Preserves Act Residential: single family residences at a maximum density of 1/40 acres, accessory apartments Commercial/Industrial: small on-farm operations normally associated with farming Institutional: urban generated facilities, such as waste disposal facilities; prohibited from primary protection areas unless no other location available; prohibited from secondary protection area unless no site in general rural use area available General Rural Use Agricultural: all uses listed for commercial agricultural policy area Area Residential: single family residences at a maximum density of 1/10 acres computed on the basis of 640 acre parcels (one square mile), twin homes/duplexes (meeting density standard), accessory apartments, group-living homes with shared cooking facilities Commercial/Recreational and Urban-Generated Uses: urban-generated uses, including recreational vehicle parks, racetracks, festival sites, campgrounds, gun clubs, private airports, solid waste facilities, auto salvage and recycling, other similar facilities, neighborhood convenience/service/retail uses, such as financial offices,video stores, gasoline, groceries, daycare centers, commercial/service/retail uses adjacent to or served by existing metro highways, agricultural products processing, home occupations, bed and breakfast lodging facilities, dentist and doctor offices, landing areas for ultralight and model airplanes, retreat facilities, golf courses Industrial: sand and gravel mining, urban-generated uses that require a spacious, isolated location, small manufacturing firms originating from home occupations, oil or gasoline storage tank farms, refineries, solid waste transfer/processing facilities Institutional: urban-generated uses, such as waste-disposal installations,jails, prisons, = public airports, human service agency satellite offices, parks, trails, open space, other similar facilities, unique natural or conservation areas, schools, churches, cemeteries b:'Jibrarylrvplliblrompplae. mdirmpo 16 — CHANHASSEN PLANNING COMMISSION REGULAR MEETING APRIL 1 , 1992 Chairman Batzli called the meeting to order at 7 : 30 p .m . . MEMBERS PRESENT: Matt Ledvina , Steve Emmings , Brian Batzli , Jeff Farmakes and Joan Ahrens MEMBERS ABSENT: Ladd Conrad and Tim Erhart STAFF PRESENT: Paul Krauss , Planning Director ; Jo Ann Olsen , Senior Planner ; Sharmin Al-Jaff , Planner I ; Kate Aanenson , Planner II ; and Dave - Hempel , Senior Engineering Technician PUBLIC HEARING: REZONING REQUEST FROM A2 TO RSF AND PRELIMINARY PLAT REQUEST FOR 141 SINGLE FAMILY LOTS AND 8 .2 ACRES OF PARK AREA LOCATED NORTH OF LYMAN AND EAST OF GALPIN BOULEVARD , JUST SOUTH OF TIMBERWOOD ESTATES , STONE CREEK, HANS HAGEN HOMES . — Public Present: Name Address Mark Foster 8020 Acorn Lane Patrick Mingen 8221 Galpin Blvd . • Bruce Senske 19057 Lotus View Drive , Eden Prairie - Jim & Colleen Dockendorf 2061 Oakwood Ridge Tahir Khan 2040 Renaissance Court Jerry & Bonnie Markowski 2051 Renaissance Court — Bob & Nancy Krocak 2051 Timberwood Drive Dave Maenke 2041 Timberwood Drive Jim Andrews 131 Fox Hollow Drive Dave Koubsky 1311 Lake Susan Hills Drive Stan Rud 2030 Renaissance Court Bob Lawson 2041 Renaissance court Al Klingelhutz 8600 Great Plains Blvd . - Earl Holasek 8610 Galpin Blvd . Jeff G . Heinz 2071 Timberwood Drive Dennis Rollins 2081 Timberwood Drive - Brian Klingelhutz 2031 Timberwood Drive Mike Meyer 3474 Lake Shore Drive , Chaska Roger Schmidt 8301 Galpin Blvd . Mary Harrington Timberwood Kate Aanenson presented the staff report on this item . ▪ Batzli : I 'd like to ask you one question before I ask the applicant if they 'd like to speak and that is , stated in your report that the Planning Commission may want to consider continuing this item . In your opinion , ▪ what would be the benefit of continuing it? Aanenson : Only if you wanted to consider the PUD option . Krauss : Also , when we wrote the report and got it to the applicant we were riot certain how they would receive the changes that were being requested . The redesigned to move the park is a fairly significant one . We 've since Planning Commission Meeting April 1 , 1992 - Page 2 heard from the applicant 's engineer who 's here tonight that they believe that that can be accommodated apparently . If they 're comfortable with those changes and if you 're comfortable with the recommendations , we have — given you the conditions that are required to carry it forward . Batzli : Okay . Would the applicant , I assume the applicant 's here — somewhere . Would he like to make a presentation at this time? Ernie Rud: . .owner 's not in town tonight . My name is Ernie Rud . We 're _ the surveyors and the designers of this plat and with me I have Chuck Plowe who 's the consulting engineer . I 'd like to take a moment to pass out booklets and I 've got to apologize for not getting them in your packets but we just got them back from the printers at 3:00 this afternoon . It 's some — of the house plans we 're planning on building in there . We have read the staff 's report . I guess when we first looked at this piece of land , we had some of the same concerns that the staff has got . May I use your overhead — there please? Aanenson: Yes . Ernie Rud: As staff has pointed out , this whole easterly side here is all mature woodland including the part that . . .to Bluff Creek . We were very sensitive to this easterly area and planned our . . .grading on the westerly — side which is all agricultural at this time . We do agree with the staff 's recommendation that serious consideration be given to the Park Commission 's recommendation . We looked at that northerly part as a passive park . The — part that we have designed to be a park and that 's kind of unique . I mean there isn 't too many places you can walk along a brook like that and have those mature trees . I was just in there this afternoon and that kind of a park is something you can 't build with bulldozers . I mean you could put a — ballfield out in the open there and stuff but to have amenities like that that can be enjoyed by the whole neighborhood I think is something that you don 't come by too often . And therefore we do not want to change our park — dedication . We want to leave it where it 's at . I don 't know what part the Planning Commission plays in that . If they just forward on the Park Commission 's recommendation or if they make one themselves . As far as that _ cul-de-sacing that Stone Creek , I think that can be achieved . I think this is something we 'd have to work with staff on . We haven 't had sufficient time to respond to it . We 've done a couple of sketches on it but have not had a chance to meet with them and we 'd be happy to work with them before — that Council meeting and try and resolve that issue . The homes that Mr . Hagen will build in here will probably range from $125 ,000 .00 to , I don 't know . He 's built some up to $300 ,000 .00 so I guess I would expect the — easterly half to have more expensive houses than the westerly half . The land just dictates that . In your packet you 'll see some of the landscaping that we 've done in the city of Woodbury . That would be very similar to what we would propose along Galpin Blvd . there . All that landscaping and — plantings would be done by the developer and be maintained with the homeowners association so the city wouldn 't be obligated to maintain those islands or the landscaping on that berm . We further cover that with a — landscape easement so the homeowners are aware that all that landscaping on the outer side of that berm will be done by the association and not by the homeowners themselves or the City . As far as realigning those ponds and — stuff , we don 't have any problem with that . That can be done , taken off Planning Commission Meeting ▪ April 1 , 1992 - Page 3 the right-of-way . There 's ample storage in both th. =e ponds for the runoff so we can move those to accommodate a trail should that be needed along 17 or 18 . • Batzli : I 'm sorry , I may be jumping ahead of what you were going to say here but did you comment on the conservation easements? Were those troublesome at all? e mot Ernie Rud: No . We might like to get that extended to 100 feet back and the reason being that some of our houses are 45 feet deep rather than 40 _ and should we want to set a house at 25 feet or 30 feet rather than 20 , then we could run into a little trouble with that . So we would like the flexibility of probably having 100 feet of area in there . Not necessarily to clear but to have the flexibility to put a home in there should we have to have a deeper house on one of those lots . And we 're in complete agreement with staff . We want to save as many of those trees as we can too because , I don 't know if you people have walked through that woods but it 's ▪ one of the few woods where you don 't see a lot of underbrush . I mean the crowns in the trees are so thick that they just haven 't allowed the • underbrush to grow so it 's nice and open and we want to preserve that as much as staff does . I don 't think I have any other comments on the plat . I would be open to try and answer any questions that the Planning Commission might have . ▪ Batzli : I think we will probably direct some questions your way a little bit later , unless somebody has a question that they 'd like answered right now . Thank you . What I 'd like to do next is , I know that we have a couple of people here from the Park and Recreation Commission and I would like to ask them to come up , if they want to talk to us now before the rest of the people here if you 're here for this meeting . So guys if you 'd like to . Immo Jim Andrews: Thank you . I 'm Jim Andrews from the Park Commission and we looked at this proposal on the 24th I believe was the date . We did recognize the unique value of the wooded area up on the upper corner . It ▪ has some steep grades wooded area . One of our biggest concerns was that a development of this size has consistently come back to us looking for active play spaces and a good example of that is Pheasant Hills . Pheasant Hills was a development of approximately 130 houses , if I remember correctly . They demanded quite strongly a ballfield , a play area , soccer fields and hockey rinks and tennis courts . Our concern was that if this development were to go in without an active play area , that we would be ▪ faced with an irrate developed neighborhood demanding space that we could no longer provide them . I was also encouraged to see that the alternate plan that Todd drew up for us would accommodate the wetland that 's on the property and some of the forested area so I guess I feel , and I think our Commission felt that a good compromise was preserve both the forest area and part of the wetland and provide adequate active play spaces . Dave Koubsky: Chairman , Commissioners . Dave Koubsky , Park and Rec Commission . Like Jim had indicated , we had wrestled with this issue of preservation of a nice wetland or a creek area and a lot of green space ▪ versus a more open area where we could provide more active amenities for softball , baseball , open field areas . Todd had indicated in his memo , and I think he highlighted some good points , that this area is in a park Planning Commission Meeting April 1 , 1992 - Page 4 deficient area . It 's a development going into the new MUSA area that we don 't have a lot of amenities that we 're requesting out of this — development . This was a large tract development . Currently there 's no park systems within the radius required to service this neighborhood . Sunset Ridge would the closest one . They have a proposed hockey rink and proposed ballfield and some open space . That 's on the other side of Audubon . For people to access that park their kids would have to cross the streets . There 's another development proposed south of this that would be in the same scenario . They 're on the west side of Audubon so to go to a — park that could provide them open space and those types of amenities , they would have to cross a road . So we did wrestle with it . We felt that a flat land , bigger area , something we could provide 140 houses in til a ,— additional houses to the south , Timberwood to the north with some sort of open space , ballfield place to play . Again we wrestled with this for a long time . We did reach an unanimous decision to go this route and I guess we 're just here to support our decision . Batzli : Thanks Dave . This is a public hearing . If anyone would like to come and voice their concerns , pro or con to this matter . I 'd like to — invite you to do so right now . I 'd like to ask that you step up to the podium and give your name and address before you start your remarks though . Mary Harrington : My name is Mary Harrington . I live in Timberwood and I 'm pleased that we are getting some residential houses . Not too pleased about the lot sizes but pleased for some residential houses . My concern would fall in the line of the preservation of the trees , the wetlands and also I — was wondering about the intelligence of renaming maybe Timberwood down there to some other street . Having Timberwood pop out on CR 117 labeled Timberwood in two places I know can cause nothing but utter confusion to — people . The other thing that I would question is whether Timberwood , in it 's existing state could be left as a cul-de-sac and turn their road into a cul-de-sac also dead ending there where they do not join or meet and _ leaving , instead of Stonewood cul-de-sacing that , have that be a second exit for that particular subdivision . Right now Timberwood Drive has a lot of occupants on it doing 40 and 45 mph down Timberwood and I could see it turning into a raceway if it was going through . That would be a concern of— basically my major concern between the wetlands . That that be , the trees be kept and somebody addressed the issue of Timberwood as stated , for the road renaming and also for the raceway that it would start to create . I am_ overjoyed m— overjoyed to see the houses . Bonnie Markowski : My name is Bonnie Markowski . Currently I live at 510 Timberland Drive in Burnsville but my husband and I currently own the lot — that 's at 2051 Renaissance . It is directly north of the proposed subdivision . It 's within the Timberwood Estates . We 're planning to move there this summer hopefully . I have to agree with Mary Harrington about all of her points . I do not like to see Timberwood Drive go through . I could see that remain as a cul-de-sac and the opposite end , the Stone Creek subdivision also be a cul-de-sac . I 'm concerned about the traffic flow as _ she is . I 'm also concerned about the mature treed area that 's on the east of the development . I think it 's a very , I really think we should try to maintain that area as much as possible and perhaps if possible leave that as agricultural or perhaps like Timberwood Estates have the lot sizes there— as 2 1/2 acres or greater in order to keep the trees . I also am concerned Planning Commission Meeting — April 1 , 1992 - Page 5 that the wetlands be protected in the area too . Jeff Heinz : Jeff Heinz . I 'm at 2071 Timberwood . I 'm on the west side , one of the houses that borders where the park was planned to be , or just north of where that was planned to be . I have a couple of problems . One , - that is a beautiful area back in there with the creek running through it and to get rid of that and not preserve that I think would be a shame . Secondly is the fact that the road , just like other people have said , coming through there . These are all large lots . Our lot , our home is on a hill . There 's a significant drop on the hill . Small kids going down that hill on bikes , I mean right now it 's a very low traffic area and the cars that do come back there , they do not go 30 mph . I mean it 's just not an ' area where there 's a lot of turn offs and not a lot of incentive for people to drive back there slowly and I have a real problem with that going all the way through . Thanks . Colleen Dockendorf : Colleen Dockendorf . I live on Oakwood Ridge which is in Timberwood Estates . I can only reiterate the concerns that my neighbors have stated . Particularly I guess the one thing I do want to get across is I moved to Chanhassen , moved to a small town . I didn 't want to move to a pseudo Eden Prairie and I 'm concerned about the density of homes . Batzli : Anyone else like to speak at this time? Okay . Jerry Markowski : Jerry Markowski . I 'm also in Timberwood Estates and I didn 't hear anyone talk about the ability or the impact on the services to the area like police and fire department and how that would be serviced . And also if people have talked about the additional students that would be coming into our school system , whether our school system could handle that influx of people and would there be any tax increases that would be necessary to service that area? I didn 't hear that being discussed as part of this hearing and I feel it should be . I also feel it should be taken ` into consideration before the rezoning would be made final . Batzli : Okay , thank you for your comments . Stan Rud: My name is Stan Rud from 2030 Renaissance Court in Timberwood . I just have several concerns I 'd like the Planning Commission to consider before they make a decision on this . One of them is that with approximately 141 new lots down there , that calculates out to be something over 280 cars or 300 cars and as several other people have mentioned , that could make a pretty good sized increase in traffic on Timberwood Drive . It also calculates out to be probably 200 or 300 children in that area . About over . 20 of the lots back up right against the railroad tracks . That 's sort of a dangerous area to have the houses right up against the railroad tracks in their backyards . I 'd propose having one of the roads run more like a service road right along the railroad tracks and not have the backyards backed up against the tracks . It could be potentially dangerous too if there 's any derailments or any cars going off or spills right on the railroad tracks right on somebody 's backyard so it might be good to have a buffer against the railroad tracks . It might be possible to extend the service road all the way from CR 18 over to Lyman Blvd . . More like a service road all along the railroad tracks . Another concern is the impact of 141 lots in that fairly lowland area there . Fertilizing and draining into the wetlands and stuff like that and a lot of those lots , if you walk Planning Commission Meeting April 1 , 1992 - Page 6 around them in the summer after a heavy rain , it 's very wet and some of the puddle up and stuff so I don 't know if some of those lots , if they 're buildable or not . You probably have to do something as far as the drainage — goes . Also by looking at that drawing that Kate put up , the one that shows where the trees are cut around all the roads . It looks to me like that 's about a 200 foot wide swath , maybe 1 ,600 feet long for each road and _ that calculates out to be something in the neighborhood or 15 or 20 acres of cutting down trees so that 's a significant impact . The roads and the front yards and all those houses in the woodland . It 's not just a minor thing . It 's probably cutting down 50% of all trees in that area . On — another related , totally unrelated thing . In Timberwood we have a lot of covenants that were put in place and I don 't know what 's expected in this new development as far as storing boats in front yards and putting up sheds — and TV antennaes on the roof and stuff like that . I just want to make sure we don 't change the whole character of the neighborhood if we don 't consider those things too . Thank you . Dave Maenke : My name is Dave Maenke and I live at 2041 Timberwood Drive . First of all I 'd like to say that I 'm real pleased to see that this is residential as opposed to all of the industrial or commercial that was on — the comprehensive plan . I do like the alternate park site as opposed to the park site up along the wetlands . One thing I would like to suggest is the Forest Road and Forest Trail and what is now drawn on this map anyway — as Timberwood Drive . I wonder if that couldn 't be drawn as kind of a loop and not connected to Timberwood Drive . . .everybody else has made as far as amount of traffic and the confusion on Galpin having two Timberwood Drives . That might be one solution . I know you need to get access . . . — ( There was a tape change at this point in the discussion . ) Tahir Kahn : I 'm also a homeowner on Timberwood . The house under construction . I want to point out that the amount of trees in that whole area are a great asset to everyone and the possibility of a compromise the — northeast portion of this development should be kept at a larger lot size with minimal removal of trees . I also favor what other people have said is the option of not allowing Timberwood to go straight on through but to make both the south and the north end of the area be a cul-de-sac so that it can be passable for the using of park areas but not passable by car traffic . I 'm glad that the development is homes rather than commercial so but I am concerned about lot size and the density . The way this was drawn up , — there 's an awful lot of homes with only 2 entrances , the road entrances into the area . It would seem to me to make more sense to not make the Stone Creek a cul-de-sac but let it go all the way through the highway . _ Thanks . Batzli : Could we have your name for the record sir? Tahir Kahn : Tahir Kahn and I have a house under construction on 2040 Timberwood . Batzli : Thank you . Brian Klingelhutz : Hi . I 'm Brian Klingelhutz and I live on 2031 Timberwood . I feel for all the neighbors here . That they all have — • Planning Commission Meeting • April 1 , 1992 - Page 7 concerns about what 's going to happen next door but I sell real estate as a living and I 've been in all of Hans Hagen developments and as a developer we couldn 't ask for a guy that I 've seen do a better job with all of his developments and how they turn out so I 'm just real happy that it 's Hans Hagen that 's trying to develop this piece of property . Thanks . Farmakes: Excuse me . Where did you say you lived? Brian Klingelhutz : 2031 . Right along . . . ▪ Dennis Rollins : My name is Dennis Rollins and I live at 2081 Timberwood Drive . My concern is the same as a lot of other people . The traffic on Timberwood . The residents of Timberwood , that is our neighborhood street . If our kids want to ride bikes or go for a walk , that 's their only choice and I think we would like the Council to consider alternatives or certainly look at a number of options before making a decision regarding the new development . Take into account the residents in Timberwood Estates and do • whatever is possible to minimize the effects on the traffic on that street . Batzli : Thank you . Jim Dockendorf : I 'm Jim Dockendorf . I live at 2061 Oakwood Ridge and I also share the concerns about the high amount of traffic that would be generated on Timberwood Drive . Something I guess if the residents of ▪ Timberwood had their way we 'd have no development going in all around us but realize that the people own land want to make a buck and want to develop those land sites . I have a suggestion to the developer that might be a crazy idea but since the lots on the eastern side of Timberwood are going to be higher buck houses anyway , to have two somewhat separate developments similar to the Joe Miller development where you have higher priced homes on the eastern side . Keep the developments separate . Have larger lot sizes so you could still have your access from Timberwood Drive to that part of the development and the other part of the development on the west side could be accessed from Galpin . So I just think if they put ▪ that development in there , the traffic on Timberwood 's going to be tremendous and I think our home values will suffer quite a bit and I don 't think that 's what the people who moved to this part of Chanhassen really wanted to see when they moved into Timberwood . Mark Foster : My name is Mark Foster and I live at 8028 Acorn Lane in Timberwood . I just have the same concerns that my neighbors have expressed and that is I don 't like to see the connection of Timberwood going through there . I think the traffic flow would be detrimental to our neighborhood . ▪ Robert Lawson: My name is Robert Lawson . I live at 2041 Renaissance Court . We are in the , what would be the northeast end of this development . I guess our primary concern is the saving of wetlands . Some have deemed them as swamps . We consider them wetlands . We find that they are very important for any biodiversity in the area . We have a large number of woodpeckers , owls , deer , fox , pheasant , all in that area that thrive in that woods . The lot sizes , I think the density is way too great for this OMB area . I know that I ' ll be looking out my back window at approximately 4 1/2 or 5 houses directly adjoining to our lot . I would like to see larger lot sizes or some sort of buffer between Timberwood and the Stone Creek Planning Commission Meeting April 1 , 1992 - Page 8 Addition . Also one thing that I have noticed on Katie 's diagram of the wetlands . If you could put those up again . To the east of that large wetland that she has pictured where that proposed park is , there is also a — much larger wetland that that same creek runs through . I do not believe that those lots are probably buildable . Aanenson: . . .marginal lots in the report . Batzli : Can. you point to which ones you 're talking about Kate? Okay . Robert Lawson: There is a larger wetland to the east of that on the other side of Timberwood . Aanenson : We walked the site . It 's not a wetland on the , Fish and Wildlife or the inventory that we used . We walked the site . Based on the topography , it 's holding water at certain times of the year but it 's not a wetland . Robert Lawson: I would invite you to come out there now and take another walk . — Aanenson: I 've walked it twice within the last 2 weeks . Robert Lawson: Now that a lot of the snow is gone and you can actually see where the water is in that area where the creek does run through there . The creek does run approximately 45 feet into the development area . It is — buffered by the trees that they have saved right now . I worry a little bit about the setbacks from the road and how far and how close into that treed area and into that creek area it goes . Also we are very concerned about the traffic that will be coming down Timberwood . It 's a very large — development with a lot of homes with a lot of cars . That will be a lot of trips . I think you all know about the problems with the intersection of TH 5 and CR 117 . We have had school bus accidents up in that intersection ._ Last fall there was a woman killed up on TH 5 and CR 117 . This just is not designed for the amount of traffic that this road will be carrying out of this area . Batzli : Thank you for your comments . Paul or , what is the plans for TH 5 at CR 117? Can you refresh our memories there? Krauss: Right now the current improvement plans for TH 5 end at the west side of downtown Chanhassen . We 've been working with MnDot for many years to get the rest of it , the rest of it being out to TH 41 scheduled and built . A lot of progress has been made with that . It 's now in the MnDot 5 year plan . In fact we have held regular meetings over the last 2 months with MnDot 's engineer on designing that segment of road . It 's scheduled now for construction in 1996 . From time to time as well before then we 've — asked that safety improvements be made . In fact at the present time , this summer they 're making safety improvements out at TH 41 . At Audubon we 're looking to put in a temporary signal to service the development that 's — occurring there . If the same kind of need develops on Galpin , we would respond in the same way . Batzli : Thank you . Anyone else like to address the Commission at this Planning Commission Meeting April 1 , 1992 - Page 9 • time? Bruce Senske: My name is Bruce Senske . I 'm an Eden Prairie resident . I 'm presently negotiating on purchasing a lot at Timberwood Estates and the density factor of the new development proposed has an effect on my decision . The fact that Timberwood Drive would go through into that heavily density area would also affect my decision . That 's all I have to say . Roger Schmidt : Roger Schmidt , 8301 Galpin Blvd . . Somebody , probably the first one from outside of Timberwood Estates . I guess many of their concerns are some of mine too . I 've lived in that area for many years and walked those woods many times back there and I guess I 'm a little bit concerned about what it might do to the wildlife . I think too that the lot sizes are a little bit too small for , you know it 's too much of a development for that area and I also think that the concern about the traffic problems on CR 117 so I would like to , I didn 't get here early enough for the first part of the presentation so I don 't know everything about it but just the lot size and the traffic and the wetland area is what I 'm concerned about . Thank you . Resident : Just one more question . What is the future for Galpin Road? - The way I see it , these many homes , even if Timberwood goes through , so many homes have got to require a lot better roadway into this . What is the future for '"-R 117? Aanenson: It 's supposed to be 100 foot right-of-way . He 'll be required to dedicate additional 17 feet along his segment of that street and improve it . Krauss: If I could add to that . This was looked at with the Eastern Carver County Transportation Study done a few years ago which anticipated whatthe flow of traffic . . .development of not only Chanhassen but also Chaska , Waconia , Victoria and all . . .Carver County . Galpin is supposed to remain a 2 lane road . Undoubtedly at some point in the future it 's going to have to be improved . Some of the sight distances aren 't very good . The curves aren 't great and the intersection of TH 5 is certainly nothing to write home about . But it 's anticipated that it will remain a 2 lane facility . Resident : What is the nearest experience the City of Chanhassen has with a development this size in a neighboring area? Is there an example that you can give? Aanenson : Lake Susan Hills . amIn Resident : Okay , about the same number of homes? Aanenson: Probably more . immR Krauss : Lundgren 's is I think 300 homes up in the northeast corner of the city . Pheasant Hills is approximately 140 . The same . tom Batzli : Anyone else like to address the commission? Can I have a motion to close the public hearing? Planning Commission Meeting April 1 , 1992 - Page 10 Emmings moved, Ahrens seconded to close the public hearing . All voted in — favor and the motion carried. The public hearing was closed. Batzli : Joan , we 're going to start at your end . Ahrens: The density . . .by a lot of people that the wetlands are not being protected properly . Do you want to speak to that? Aanenson : Yeah . There 's a couple of issues I 'd like to speak on . What we have done is we 've gone kind of beyond what we normally do with the wetlands . Normally what we 've just said is the 75 foot setback and we 've allowed people in the past to go up and mow right up to the edge . What we 're doing under this is they already fall into a conservation easement that we 've established so now we 've given a buffer protection to try to reduce the amount of sediment or fertilizer , whatever that would go into — it . We also have the setback in addition so we feel like we 've gone beyond what we normally do in protecting those wetlands . And even the one , the small one on Lot 5 in that Block 5 is very , very marginal . I mean it 's — 2 ,000 square feet . We 're still , because it 's a forested wetland , are preserving it with a buffer strip . Ahrens: With the buffer behind that Lot 5 , is that a buildable lot? — Aanenson: No . We raised that as an issue . It may not be buildable . Yep . Ahrens : In seems in going through your staff report that there were a lot of unbuildable lots . . . Aanenson: Well we figured that they just need to be redrawn . There 's enough the lots are oversized enough that it 's just a matter of sitting down and carefully redrawing a few of those . What they were is on the inside curve you have to have a 90 foot frontage when you 're on the inside — of the curve and some of those didn 't meet it . There 's only one that was undersized as far as 15 ,000 . Ahrens : Those lots in Block 5 , those are all buildable . . .? Aanenson : Yes . They 've got what we 've shown is 90 foot . As I explained before , it 'd be a 20 foot setback . A 40 foot home depth and 30 foot behind that so if someone wanted to put a patio or a deck or a swingset , whatever and then the rest of it we want to preserve that so they couldn 't use that area. Ahrens: How do you monitor that? Aanenson : Well what we 're going to do is require home placement plans and put in the chain of title , a legal description describing exactly what to draw and each lot would have a legal description saying this would be the conservation easement so when someone came in with a home placement plan , — we would check those and see to make sure that there 's no homes . What we 're hoping too when they come in with the home placement plan , that some of the trees , even though we haven 't shown them , some of the trees along the side , depending on how they dig out the foundation can be preserved . Planning Commission Meeting ▪ April 1 , 1992 - Page 11 But at a minimum we want all the trees in the rear to be preserved . Batzli : Who does the easement run in favor of? Aanenson: You mean the homeowner or the City? Batzli : The City? Aanenson : Oh yeah . I misunderstood the question . Batzli : So it 's up to the city to enforce it? Aanenson: Correct . It would be on , recorded so when you buy the property you realize that you couldn 't put a swimming pool back there or that sort of thing . Ahrens: How many people . . .backyards? ▪ Aanenson: What we did with the Lundgren subdivision , we talked about putting in the pins . Maybe you need something visible that so people realize that 's the area that you can 't go beyond or something like that . Krauss : Are you asking is there a penalty if you? Ahrens : I 'm not asking about a penalty . It 's just that it happens over ▪ and over again . . .do that kind of thing . I mean they have wetlands in their backyards and they pull up the vegetation because they 're not satisfied with the size of the backyard . Krauss : Well in a number of those instances they 've been made to re-est.abli: h the wetlands at some cost . • Ahrens : Some of them have . Krauss : Yeah . And some of the problems that we 've had are traced more to ▪ lack of understanding and knowledge and hopefully over the years we 've learned and gotten a little better at putting people on notice and better defining what those areas are . Ahrens : I guess my point is people buy houses even with an easement , they don 't understand what an easement is . And unless you 're going to have . . . where people are told in . . .and of course that would only deal with the ▪ first time home buyers and then there would be . . . It 's a real tough issue and I don 't know how to monitor that . Aanenson : Well we 're hoping too that the developer will market those as forest and wooded lots , premiere lots and that 's what you 're kind of buying into that amenity . Ahrens : Well . . .the park issue . It sounds to me like a lot of people are presenting this as an either or situation . Either you have the ultimate park site and if you have the ultimate park site and give up the wooded • stream area where that 's going to be built upon . . . .why can 't the city build a little walkway through that by the creek and then maintain that as a little park area plus have the ultimate concept? Planning Commission Meeting April 1 , 1992 - Page 12 Aanenson: As far as dedication we would require from him based on the number of lots , it 'd be like 5 . , I can 't remember the exact number . It was— like 5 .6 acres is what he would be required to dedicate in land so anything beyond that I guess the City would have to purchase which I guess would be an option . - — Ahrens : That 's not buildable anyway right? Aanenson : Well it could be . We 've platted it out how we 've got a — cul-de-sac going up in that area . It will be tough but we 've shown how it could be lotted out so yeah it could be . Ahrens: But my impression . . . Aanenson: It would be but it could be . Hempel : It would take some site preparation . They would not be encroaching the stream bed . That would still be preserved and I would envision that we 'd also have a conservation easement along the entire — stream bed through there . In fact it 's similar to what we did down in Shadowmere . Ahrens: So this area would be platted as part of the lots that end in a cul-de-sac or would it be an outlot? Aanenson: No , it would be lotted and sold off individual lots , yeah . We didn 't show the lots going all the way to the stream bed you know . I mean technically they go all the way to the edge of the property but you couldn 't build . Whoever owns those lots would have to maintain the setback— from the stream bed but yes , it could become private property . Hempel : I was just going to point out , the buildable area is up on top next to the cul-de-sac . It drops off down to a ravine . Heavily wooded and • then the ravine goes back up the other side . But they couldn 't put a driveway across the stream bed and so forth . Ahrens : Is this part of Bluff Creek? Hempel : It 's a tributary of the Bluff Creek . — Ahrens : The City isn 't . . .? Krauss: No . Well yes we are . What you 're referring to Commissioner Ahrens is the Bluff Creek corridor itself that 's designated on the land use plan as a recreational corridor where we 're going to use dedication of purchase to require . This is not the main channel of Bluff Creek . That 's — down the hill in the valley . Ahrens : We 've not interested in protecting tributaries? — Krauss: We don 't have the ability to . I mean State law allows you to take a dedication of a certain amount of land . It 's a question of where are you going to take it? Beyond that you can acquire it but you 're going to have — Planning Commission Meeting April 1 , 1992 - Page 13 to buy it . Now we 're not saying the creek 's going to disappear . Those trees in the creek will all vanish but a significant portion of that area will be occupied by homes and all the rest of it 's going to be their backyard . Ahrens : But the City could preserve . . . Imo Krauss : You could preserve it . You couldn 't get access to it , yes . You can preserve a portion of it . Ahrens: Is there anyway to make that , the ultimate park plan smaller and still maintain a park there and that area? The creek area? Krauss: I honestly don 't know the answer to that . I think , and maybe the Imo Park board members here tonight can explore that a little bit but there 's a minimum size to accommodate the kinds of facilities that are being desired . The ballfield , tennis court , hard surface area and I 'm not sure how small an area you can fit all that into . Ahrens : It just seems to me that if you 're trying to balance two balls in the air here and maybe the Park Commission can give up the tennis court and make it a smaller park and still maintain the creek area as a park . . . I mean you 're interested in preserving . . .provide enough space for a ball park . I don 't think all communities need tennis courts . We don 't have ▪ any . . .where I live . Itmay be possible to have both is my guess . Krauss: If I could also editorialize this just a little bit . We don 't normally raise issues or take exception to Park Board recommendations . Typically we do everything within our power to bring them to be . This one we honestly had a difference of opinion and we wanted to air it a little bit and discuss it . Kate and I were walking this site Monday I think , and ▪ we found that there , while it all looks wooded on the aerial photograph , a lot of the trees in the southern bluff area are actually pretty poor quality and you can actually probably fit in a significant number of • facilities in that area , keeping the creek and the rest of the bluff area public . We 'll do as much as State law allows us to do and then we ' ll do some more until the developer cries foul but there are limits to how much we can take . Ahrens : I could tell that by reading . . .that you didn 't like this development as a straight subdivision . You wanted it as a PUD . Ranenson: We tried . Ahrens: Would lot size and number of lots , would number of lots be affected by doing this as a PUD? Krauss: Well , the developer originally brought in a concept , and I think ▪ I showed that to you at a meeting a month or two ago . Two concepts . One was a PUD that had 20 ,000 square foot plus lots in the trees with 10 ,000 square foot lots out in the cornfield . The other was a straight plat . It • was a wash basically in the number of lots that you were going to get out of it . It was just a matter of where you were going to put them . That seemed to offer some advantages . Planning Commission Meeting . April 1 , 1992 - Page 14 Batzli : In what way? Trees? Krauss : You were able to do much less grading . The streets were further — apart in the treed area . I 've never been a particularly strong proponent of buffering less densely developed residential areas but it did offer the potential of kind of a staging effect and density from Timberwood . Existing— Timberwood on down . Plus it just seemed to make a whole lot of sense also from the developer 's standpoint in the ability to offer two distinct values of lots with- the more attractive homesites which market a bigger -dollar figure up in the trees . Ahrens : But that 's going to be accomplished anyway . I mean it 's going to be more . . . — Krauss: No doubt . I still feel that had we had the flexibility of the PUD , we could do a better job than we can do under these circumstances . — Batzli : It seems to be without a complete ordinance on the book you have a lot of flexibility with the PUD . Krauss: That 's true but I couldn 't in good conscience ask a developer to spend a good bit of money preparing plans under the expectation that a PUD could go through given our recent discussions . — Ahrens: I don 't have any more comments . Batzli : Thank you Joan . Jeff . Farmakes : I 'd like to start out by asking a question of the developer , or the representative of the developer . Did you do a market study in regards — to this issue on the park? Ernie Rud: The issue of the park? — Farmakes : Yes . Do you feel a passive park experience is just as sellable to your clients as a recreation type park? Ernie Rud: The one that we 're proposing? • Farmakes: Yes . — Ernie Rud: Yes . We didn 't do a market study as far as the park itself goes . — Farmakes: Does your experience lead- you to believe that? Ernie Rud : Yes . In most cases when we have an amenity like that , people — pay premium dollars to back their lot up to it . To answer Joan 's question here . I did take some pictures of park today and as you can see . . .st.aff 's report is that there are some small open areas there . I 'd like to expand — on that park thing a little bit if I could . Batzli : Sure . Planning Commission Meeting April 1 , 1992 - Page 15 Ernie Rud: These people in Timberwood are concerned about the traffic Immo issue on Timberwood Drive and I guess if I lived there I would be too . The thing is if we put a park in here that 's got a ball diamond and other high level activities in , it 's going to do nothing but drag traffic in there I think and compound that problem . The other thing is that alternate park site they showed there constitutes 7 acres . We were required to give 5 .6 and anybody knows that a ball diamond takes roughly 3 acres to build so Imo that leaves you 2 1/2 acres left . Maybe this fits into the woods , maybe it doesn 't . But the park we are proposing to give is 8 acres and that 's , what 30% more than we 're required to give but we would do that . And I just feel so strong about that park area along the creek there that I just think it 's such a nice passive park for that area . I think if you 're going to be looking for ballfields , they should be put in a complex . Maybe where the school site is up on TH 5 and CR 117 . People take kids to ball diamonds . ▪ You know they 're different ages and there 's going to be more than one age bracket playing at that time . Maybe a small little sand lot or something but you don 't want to put a high level activity park there . Imo Farmakes : ,My question was really , when you 're selling to a customer , is it an amenity of a recreational lot versus a passive lot where you walk through the trees , you go for a walk along the creek? Ernie Rud: That depends on buyers . If you 've got 2 teenage kids , you 'd like to have a ball diamond within a few blocks of you . If you have smaller kids or if you 're an empty nester , you want a more passive park . I think looking at the trend , people are more into walking , jogging and things like that . eIn Farmakes: Who do you feel you 're target customer is here for this develoment? What 's the age group? ▪ Ernie Rud: I can 't fairly answer that question . Hans Hagen will have to answer that . I 'm not into the marketing end of it . ▪ Farmakes : Thank you . Batzli : I lost my place where I wrote down your name . Your name was? Ernie Rud : Ernie Rud . Batzli : Thank you . Farmakes: I have another question I 'd like to address in general for the residents of Timberwood . I 'm looking at the road here and we 're looking at w the connection from Timberwood . You're talking about the traffic that it generates . People are going 45 mph . I 'm looking at a schematic of the road here . It would seem to me any of that traffic 's coming out of your development . w Aanenson : Jeff , can I make a clarification on that? I scaled that off and I meant to give you this information but coming out to go north as you • mentioned , it 's about 3/4 of a mile . It 's significantly shorter just to go back out through this subdivision . Like a third of a mile . Just the longest stretch which would be this . The same in here . It 's like a third Planning Commission Meeting April 1 , 1992 - Page 16 of a mile . To go all the way back up here is 3/4 of a mile so it 's significantly shorter to go back out onto Galpin as opposed to cut through . Thatisn 't that people aren 't going to do it but . — Farmakes : That was the point I was going to make . Just from a . . .traffic . Sometimes they think of it in generic terms . There 's going to be more — people out here , therefore we 're going to get more traffic . That isn 't always how traffic flows . Aanenson: Can I add to that too Jeff . We do have a stub street . Farmakes : There are several business parks to the south . If you 've ever driven to any of them , they get quite busy . Resident : . . .where 212 's coming in , will that be south of that? Farmakes: That will be significantly south of that , yeah . Resident : And when is that scheduled to go through? . . .yeah , I realize _ that . The only logical place , is my point , is they 're going to go north to TH 5 . Farmakes: I don 't see where they would be incurring a lot greater distance— to drive through your area to get out . Resident : . . .going north though . If you 're going , yeah it 's shorter from _ the . . .Timberwood Drive . From there we 're going south , left out to Galpin is shorter than going the other way . If I 'm going north , I have to back track to get up to Galpin . Farmakes: I 'll go onto the next one . I feel that there 's some valid arguments against what you 're saying . Resident : . . .we 're saying is nobody needs to go north . . . Farmakes : The point I 'm trying to make here is that there are some valid arguments against what you 're saying based on this plan . You could have a point but I don 't think it 's a very strong point . I don 't think there 's any statistical evidence that shows someone would do that . Batzli : Jeff , I 'd like to let Paul address this question . Krauss: There 's a couple things . I 've been doing this for 15 years and — it 's become kind of a litany for me . I know you 've heard it a bunch of times but if we become a community of cul-de-sacs , which I think is the preference for a lot of people and I acknowledge that they 're attractive _ places to live . There 's no question . You have a lot of things that result . I heard people tonight question the impact of development on taxes . Well , there 's ample evidence that says if you have 3/4 mile dead end streets in both directions you 're running snowplows up and back . — Garbage trucks run up and back which is a private expense . School buses can 't go through . It adds to their time and expence in servicing areas . Possibly more importantly is from an emergency access standpoint . We always site what happens if a tornado , watermain breaks . You all have Planning Commission Meeting • April 1 , 1992 - Page 17 watermains in the area . I know you don 't now . Comes and severs your only access . It happens . It happens all the time . Then the next item that 's on tonight we have a letter from the Fire Marshall indicating a similar concern with a situation in another part of the community where they had a fire call and were on one side of the dead end street . Found the fire was on the other side and they couldn 't get there . It turned out to be a false alarm but they got very frustrated by the fact that they would have had to driven out and around a distance of a mile or mile and a half to get to the fire . So there 's a large number of reasons for making reasonable connections where you 're not going to run inordinate amounts of traffic through . And we 're very sensitive to that . On top of that is the fact that there is a potential , and we 're designing this project for this , for a road connection to run out to the northeast . I don 't know if you recall , we don 't have an area map here but there is an area guided for residential use that 's between Timberwood and Bluff Creek . We 're looking at an east/ west collector street north of Timberwood . We 've got some sketches that show the connection leaving from there , spreading up to serve those homes that might be east of Timberwood and connecting with that collector . If anything 's going to be absorbing a lot of traffic: for the predominant trip into town , which is to the northeast , that 's going to be it . There 's • really going to be little or no reason to turn around and go backwards and a longer way out to north through Timberwood . Batzli : Thank you . Jeff . Farmakes: He stole everything I was going to say now . ▪ Krauss: Sorry . Farmakes: Let 's see . The next issue I wanted to address here , getting back to the PUD that we had talked about . Was there any calculation of the difference in tree loss? I 'm just curious because that was an additional thing that we had discussed earlier in regards to the positive issues of the PUD and I was wondering in this area , since it is heavily forested , or ▪ at least a portion of it is , did you do any calculation of the benefit? Krauss: No , Commissioner Farmakes we didn 't because we would have to have a very well defined alternative plan to do it . I might add too that was also one of our concerns . relative to the park . We fully expect the developer to get his due . I mean they 're going to get the number of lots that they can get out of this thing consistent with our ordinance and that 's what you would expect a business person to do . If we 're taking 5 acres of the prime flat ground , which right now have a lot of lots on them , the developer is going to shift things around to get those lots elsewhere ▪ which means again we 're squeezing those trees . I can 't give you specific numbers in either scenario but it seems to be very , very likely that that 's going to occur . Farmakes: The next question I had in regards to some comments made about the residential development along the railroad tracks . Would you respond to that at all? Aanenson: There is a conservation easement abutting that . We showed all those homes along the track would have at least 100 foot conservation . . . Planning Commission Meeting April 1 , 1992 - Page 18 along the rear of those lots so the homes would be , I think the average depth of those was almost 200 feet . Farmakes: Is there any statistical evidence for the safety commission or anything that shows that that is a , I know it 's not a heavily used rail run . Well , there aren 't 4 or 5 trains going through a day I don 't believe .— Residents: Yes . . .and they 're going 60 mph . Krauss: That 's the one that comes right through downtown . Farmakes: Yes I know but that rail line I was told , at least since I 've lived here is not , there 's a significant amount of traffic going by on a daily basis . Resident : Every night it wakes you up . — Krauss : The ownership of the thing has changed more than a number of times . I think now it 's owned by one of the short line companies that 's _ come along . . . .along that track there 's also a height differential . It 's very difficult , in fact it 's almost impossible to walk up to the tracks along most of those rear lot lines because of the grade change . We 've walked it several times and when you get up towards Lyman and Galpin , it 's — more at grade and that 's easier . But I don 't know how to answer that except for the fact that it 's not owned by the railroad . It 's legitimately platted and got extensive trees between the homes and the railroad . — Farmakes: Getting back to the issue of useage . I used to work on the railroad and a heavily used rail line , this is not it . If it wakes you up in the middle of the night , it 's heavily used I guess but I don 't think — it 's classified as a heavily used rail line . The last comment I want to make in regards to the park . I dealt with this before and I would be relunctant to disagree with the Park Commission but in this case I went to — the property and I looked at it and there are very few areas like that that make for a passive park experience . That are situated I think with that potential in Chanhassen . I know that if I was in that development I would prefer that even though I have kids . I would prefer that to a ballfield because there are other places that have ballfields . There are other areas , property that are probably more useable as a ballfield . I don 't disagree with what you 're saying . I just am not sure that given the choice between one or the other , that perhaps another development in that area would be better used with an open area and an area without forest used as a ballfield . I would support staff in their recommendation . — Batzli : Thanks Jeff . Steve . Emmings : If there 's no potential for sewer being out there before fall , and if this builder wants to get going and put up houses for the Parade of Homes , it sounds like there 's going to be houses built before there 's sewer out there or not? Aanenson: I ' ll let Dave comment on that . Planning Commission Meeting April 1 , 1992 - Page 19 ▪ Hempel : It 's going to be , depending on what the Council 's decision is on the 13th , it could be built in conjunction with this project . In fact the developer , as a partof this would actually be building a portion or a phase of the trunk utilities . Emmings : I guess my only question is this . Are we going to let someone start building houses out there before there 's actually sewer there? Hempel : He actually would not be able to build a house until the utilities have been tested and accepted by the City . Emmings : Okay . That 's what . Hempel : Except for , let me clarify . Except for maybe a model home on the corner of Galpin Blvd . but there would be no uri].ity hook -up of coUr :3" . Batzli : Would they have sanitary sewer? A holding tank? What then? Hempel : Well it would just be a model home . It would not be occupied . Similar to what Joe Miller has done or Lundgren 's has done in the past . ▪ Just so we have the capability of getting a fire truck to it if there is a fire emergency . A worker fell off the roof or something like that . The lot was abutting a hard surface drive , we would allow a permit for a house prior to the utilities being accepted . However , we would not allow the house to be occupied or hooked up to those utilities until they were accepted . Emmings: Okay . As far as the , I think traffic is a real serious concern but I would hook Timberwood together . We 've been doing that , it 's been our policy . I think it 's a good policy to hook these new neighborhoods • together as they come in wherever we 're able . I remember that we tried to make provisions to hook some of the cul-de-sacs that go to the east of Timberwood . Tried to make provisions to be able to hook Timberwood to the land to the east at the time that we were looking at Timberwood . In fact some of us had thought we had done that and it turned out we didn 't . But it certainly was our intention to do it . I think we actually screwed up but I think it should definitely be hooked up to the south . And that 's doesn 't mean the traffic isn 't a problem . I think it 's a big problem . We had the same problem in fact on other areas in other parts of the city . On Frontier Trail I think haven 't we? Or some of the other streets that go ▪ through where you wind up with a lot of people going fast but I think it 's a real legitimate concern but I don 't think that would stop them from supporting the staff 's position that it should be hooked up . As far as the park is concerned . I 'm always uncomfortable commenting on the work of another commission just because they look at it in more detail than we do and they consider different factors than we do . It seems to me that the desire to have a passive park and a desire to have an active park really are two different things . One is you 're trying to preserve something that 's very , very nice . But it also seems to me that when you pack in this many folks on a piece of ground like this , it 's real important to have an active play area . My only concern with the alternative park site is that it 's riot really suitable to get enough activity on it . I don 't know what it looks like but I hope they 're able to get enough things so they can really be used by the people who are living in this area . It sounds , I Planning Commission Meeting - April 1 , 1992 - Page 20 think I support the Park Commission on this because it sounds like the stream is going to be preserved anyway . I think we 're going to wind up _ getting both . The trouble will be access to it and I just don 't know what to do about that so I support the alternative park thing . I agree with the. comments that there are too many small lots in here but they all meet our ordinance and when someone comes in with a plan that meets our ordinance , — we really don 't have any choice . Our subdivision ordinance says you can 't have lots smaller than 15 ,000 and except for one lot they don 't . But it really comes out along the border with the Lawson property . Mr Lawson — spoke here . Where he 's now backed up to 5 lots . He 'll have 5 houses behind him and we 've talked about this issue a number of times . About - having what we 've been calling a blending ordinance where when a new _ division comes in next to an old one , they can 't put so many lots up against a larger lot . This again points out the need for that . We 've tried to put one together a number of times and we failed every time . It 's just hard to come up with a general scheme to deal with that problem . But — I think Mr . Lawson 's got a legitimate complaint here . I 'm comfortable with the level of protection for the wetlands . I think that 's really a good , they 've really done a good job with that here . On the compliance chart , I — wonder what are you suggesting we do with the lots that don 't comply? Krauss : They 're going to redraw the plat to make them comply . Emmings: Yeah . I don 't think there should be , because they 're putting in as many lots as they are , I wouldn 't give them an inch I guess .. Krauss : No , there was no question of giving them variances . That was not recommended . Emmings: On page 3 of the report it talked about some questionable lots . In Block 4 it was Lot 8 . In Block 1 , Lots 12 and 13 . On Block 3 , Lot 8 . What will happen on those? What are you recommending? Aanenson: They have to be redrawn to . Emmings: Oh okay , those too . — Aanenson : That 's up in this area up in here . Emmings : Well , they 're all over . Aanenson : Yeah that one is in Block 4 , yeah . That 's a big significant grade change . That might be a real wet loss . — Emmings: Okay , so is there a condition that deals with those lots? Aanenson: Yeah , he has to replat them and make . . . Emmings: Alright . And then on page 19 . Condition number 5 . Aanenson: That needs to be changed to 92-1 and 92-2 . Emmings: Yeah . Somebody got carried away with the numbers . And then the — next line under the rezoning . In the opening part it says the Planning Planning Commission Meeting April 1 , 1992 - Page 21 ▪ Commission recommends approval of Rezoning , that should be 92-2 . And then there should be a condition under the Subdivision , a condition 27 I suppose that the conditions of the Rezoning 92-2 and Wetland Alteration Permit 92-3 is another condition in compliance with all of the conditions . And I guess my feeling is that there 's no reason to look at this again . I think we ought to just move it along to the City Council . • Batzli : Okay , thanks Steve . Matt . Ledvina : You talked about the accesses to CR 19 , two accesses and the concern is with the traffic . Is it possible to make Timberwood Drive a cul-de-sac on it 's west end there and have Stone Creek Road actually be the outlet there? You 'd still have the capability for access out to 19 . I don 't know if that would mess up the traffic flow within the subdivision too much . Krauss: Just to make it a little more round around? Ledvina : Right . To make it , to slow down the traffic essentially . Krauss : Well , I think theoretically it is . The concern is the spacing more than anything else but there are other ways to make it somewhat round about in terms of how you design intersections and where you put stop signs internally . For example we haven 't decided this but it 's quite possible that if you change the orientation here , and brought that in as a T and put a stop sign and make it a 3 way stop , that would also discourage people from going up that way . And if we have that option t. go out to the east , ▪ it would kind of induce people to want to keep traveling that way . Ledvina : Okay . So those controls are available at a later date then? Krauss: Well we could do that , that particular change we could incorporate . No? I think we have an engineering concern . Hempel : Yes . Placement of stop signs are not for patrolling speed . They are for thru movement of traffic to avoid accidents and so forth . We do have specific warrants we do follow for placement of stop signs . Just looking at that particular intersection , I would find it hard to say it would meet warrants . Maybe further down in the subdivision where Stone Creek intersects Timberwood may be more of an appropriate area where you have a larger number of vehicles traveling but that 's something that we 'd have to prepare an engineering study on to determine where the stop signs would be appropriate . iMb Batzli : You 're not a big proponent of speed bumps then either I ' ll bet you? • Hempel : Snowplow drivers don 't like them . They can 't see them . Batzli : Okay . Steve , you wanted to? Om Emmings: Yeah , I 've got a proposal to make . Why couldn 't we have the alternate park site for active park area and then , let 's see . I wonder if it shows up on that . There 's a little narrow marsh area that goes down Planning Commission Meeting April 1 , 1992 - Page 22 here . I take it that 's basically . . .? Aanenson: Right and . . . Emmings: Okay . Why couldn 't there be a little skinny access like that say between Lots 11 and 12 and would just be a foot path that would take people-- back eople—back to this area . Go ahead and develop it like this but let people have access to the stream bed area and still have a nice big active park? It seems to me that would satisfy both sides of this argument anyway . — Krauss: If the developer , out of the goodness of his heart is willing to do that , that 's great . Otherwise we 'd be inviting people to trespass on private property . Emmings : What would it take to get just a little skinny you know , a 6 or 10 foot wide trail? — Krauss : Steve , I think the bigger issue is who 's land are they walking around on when they get back there . And if we do invite the public back — there , do we put trails back there and if so , who maintains it? Emmings : Well let 's ask the developer to do it . Krauss: I don 't want to beat a dead horse but again under a PUD we 'd have a bit more flexibility . Emmings: Yeah . We can 't do a PUD because it 's clear that the City Council wouldn 't accept 10 ,000 square foot lots so you know , talk about beating a dead horse . That 's a waste of time . Ahrens : Why can 't we require it? Krauss: You can only mandate what the State Enabling legislation allows — you to . Emmings: Yeah . It 's a taking . _ Ahrens: Oh . Batzli : Maybe he 'll do it out of the goodness of his heart . Emmings : Maybe he hasn 't been heard . Let 's find out . Krauss : Well you never know . Dave Koubsky: Our intention isn 't to keep you here all night but part of _ Todd 's recommendation to in his letter to Kate was , the Commission hasn 't had an opportunity as a commission to review the alternate park site . I think I need to make that clear . We had made our recommendations based on the proposed park site and we decided that we would prefer an active park — versus a passive park in part because of the number of kids which is pointed out from a gentleman of Timberwood . 141 lots . Possibly 2:40 kids . You have a development to th er 80 1 , ' :it many 400 or 500 kids . We feel a nice , open field is a safer place to Planning Commission Meeting April 1 , 1992 - Page 23 ▪ pacify play versus a passive area that 's away from traffic . There might be littering . There might be public safety issues . We prefer something open . Something big that 's safe and can handle a lot of kids . Now we haven 't reviewed this proposed area . Jim and I have had the opportunity to look at this because we were asked to come and present our views . I just wanted to bring that to your attention that we haven 't approved this . I 'm not saying we wouldn 't approve it but we 've made recommendations to staff to allow us ▪ to look at it before your decision goes to the City Council . Thank you . Batzli : We really didn 't address one concern that Mr . Rud brought up and that was , he asked something about setback from the conservation easement. as I recall . Is that? Aanenson: He wanted an additional 10 foot . What we 're looking at is 90 . As I said before , it will be a 20 foot front yard . Then we gave a 40 foot home depth and then a 30 foot rear yard which would accommodate a deck or a patio . So what he wanted to do is add an additional 10 foot so have 100 tom foot . Our total would be 90 . He was saying 100 . He wanted maybe a 50 foot home and deck . ▪ Batzli : So that would take 10 feet further back into the trees? Aanenson : Right . ▪ Batzli : Okay . How comfortable do we feel with the 20 foot setback in the front? Do we like that? Is that enough? • Krauss: We proposed it . Aanenson: Yeah . I feel good about it . I think the intent is to save as much of the trees as possible . If we go with the 30 foot and then a 40 foot depth and you still need to give some people some rear yard to put a swingset in and a patio . I think by pushing it forward , we 're trying to preserve those trees . Krauss: Apart from the visual effect of tree lined streets in front yards and manicured lawns . Front yards are pretty commonly accepted to be wasted ▪ space . If you 're going to recreate , bar-be-que , whatever , let the kids play , you 're going to do it in the rear . If something 's got to give instead of trees , that seems to be the best place to do it . Also it 's internal . It 's really only going to look that way inside this project . Batzli : Kate , on condition 5 which I assume is handling this matter . On page 20 . We say that they have a 20 foot front yard variance . I assume • that means you have a 10 foot variance to a 20 foot setback . Aanenson : Correct . Batzli : Whoever makes the motion may want to clarify that . Aanenson: Okay . Let me just clarify that a little bit further . In the compliance we went through and those lots that we designated would fall into this , we specifically identified . In addition there were some that had just a small border of trees so we kind of tapered that down so it Planning Commission Meeting April 1 , 1992 - Page 24 would give , basically that would be along Block 5 with the forested . This area here as it tapers down . What we did is we went to 20-25-30 so it just_ kind of made a nice , and we put that in the compliance table so when they would come in and we did the plot plan check on those lots , we would follow the compliance table . Batzli : If I understood what you just said , there 's a blending of that in those lots? Aanenson: Right . Batzli : So that condition 5 isn 't entirely accurate? Aanenson : We may want to reference that back to the compliance table . You 're correct . That probably would make more sense . Batzli : Okay . Which lots are the ones that arc blended there? Aanenson: On Lot 5 and then there may be some on , I 'd have to look back to_ the compliance table , on Block 1 up here . It varies a little bit . Batzli : So Lot 20 , Block 5 . Okay . As far as connecting the street goes , I understand the resident 's concern . I live in a neighborhood where I thought I was moving onto a cul-de-sac and it turned out to be a thru street . The amazing thing is , I was converted when we had our 13 inch rain and the front entrance to our development was flooded and nobody could get — in or out . So I do understand the need to connect these things through . I unfortunately kind of learned it the hard way . My car wouldn 't go through the flooded entrance to the development so I think it has been intended that we connect that up and I think as a Planning Commission , our policy has been to do that . I think we need to do it for our consistency and public safety sake but I understand your concerns . It does , I think promote some people to go a little bit faster on the roads and I encourage — you to take your concerns to the City Council . But I think we as a Commission at least right now are leaning towards recommending to the Council that it be connected . I also would have liked to have seen a Y. little bit of blending . Maybe some larger lots in the northeast corner of the development . As Steve pointed out , they do meet our ordinance and it 's difficult to tell them that they have to put in larger lots . Especially when they 're treed like that . I was hoping that they might do that on — their own . I agree it seems very confusing to me . At least one resident noted that Timberwood Drive coming out twice on CR 19/117/Galpin may be a little confusing . Is there a thought process as to why it can 't be called , — well what might be called Forest Trail , although that name will be changed , and having it stop when it intersects Forest Trail back up in the northeast corner? Hempel : We have similar street configurations with Lake Susan Hills Drive off of Powers Blvd . . In situations like that , we can put an address range on the street sign or Timberwood Drive South or Timberwood Drive North and — kind of give an indication . It is a confusing situation . It could be resolved also by reconfiguring one of the intersections , as Paul mentioned and possibly just changing the name . Planning Commission Meeting April 1 , 1992 - Page 25 Batzli : I guess I think we should look into that . I agree that it 's confusing . Just for my dumb question of the night . Is this road , is the official name actually County Road number 19 and not 117? Aanenson : That 's actually Lyman as it comes off . Batzli : Yeah , okay . NEM Aanenson: I think that 's how it , it kind of takes that funny intersection right there . Originally they had an access on it to that street but meeting with the County we eliminated that . ( There was a tape change at this point in the discussion . ) Batzli : Wetlands I think , that 's nice . I would , as far as the park goes . I think it 's a shame if we can 't somehow save the passive park . I would really like to do that . I like Steve 's idea . The developer hasn 't come charging forward and said we 'll do it . I was kind of hoping for that but of course that hasn 't happened . But I guess I would like staff at least to , since that area back up in there isn 't going to be buildable anyway , and if we basically end up , there 's going to be some additional lots up inn there if they build out the alternative way . I 'd like us to at least explore that with the developer and talk about it . I do like the open space with the ballfields and things . I live next to a park . I think it 's a nice amenity and I think they 're right . There 's a lot of kids in this area . I don 't know if the school 's going to go in there north of Timberwood or not . I don 't know if we can count on that so I would like to see a neighborhood park somewhere in this area as well . But it sounds like this needs to• go back to the Park and Rec Commission after what we talked about here tonight? Are they going to have a meeting between now and the City Council if we approve this? Dave Koubsky : That was Todd 's recommendation . . . Krauss: Todd told me this evening that he was looking at the possibility of a special Park Board meeting sometime . elm Batzli : One other question . Two other questions . As far as erosion control and things like that . I didn 't see that we had a lot of or any erosion control kind of condition thing here , do we? I mean do we normally put something in there? Hempel : The developer I believe has supplied some erosion control and I feel the areas we have looked at and we 'll recommend additional where appropriate . Batzli : Is that normally done at the grading permit process kind of thing? Hempel : It 's normally done with the preliminary plat and also finalization of the actual construction plans . We ' ll get detailed construction plans on where everything 's going . _ Planning Commission Meeting April 1 , 1992 - Page 26 Batzli : Okay , so you feel comfortable at that time you can put in the necessary controls and enforce them? — Hempel : That 's correct . Batzli : And Kate , on condition 25 . There 's a word drainage after the period there at the end of a sentence . 22 . Is there supposed to be something else there or is that just , can we cross that word off? Aanenson: Cross it off . Batzli : Okay . And Dave , if I could have you give me the 10 second — synopsis of what 's going to happen at this upcoming Council meeting with the improvement? Hempel : Okay . Council , at the last Council meeting tabled for further discussion and review of the propose, ' ( r ,:ok trunk sewer and water facilities out to this area . Some of the concerns was the assessable area being included and the scope of the work for the project . Bringing it back on the 13th to continue the public hearing I believe and hopefully make a decision with this project . This project again is very contingent and relies on extension of the trunk sewer and water improvements to make — it happen . We envision it with the anticipated development out here along with other parcels that expressed a desire to develop . We see it being approved on the 13th . — Batzli : As part of that approval at the City Council , are any of the residents or other people out there going to be affected by the improvements as far as assessments and things like that? -' Hempel : Not the Timberwood Estates neighborhood . That 's been exempt or omitted from the MUSA area . The remaining parcels , I do have a map showing— the assessable area that we propose to assess with these improvements . If you like , I can put it on the overhead . Batzli : Well at least one gentleman had a concern that somehow this development was going to increase taxes or impact fire , police , things like that . Why don 't you throw that up just for a second . Where are we? Okay , I see the railroad track I think . — Aanenson : This is Timberwood . . . Hempel : That 's the old street layout . Aanenson: This is when he originally came in with that PUD . Krauss: The areas that were exempted from potential assessments have that diagonal slash across it . It includes Timberwood and it includes some of the lots west of Timberwood along Galpin . It includes Sunridge Court and — if you , that goes back to discussions we had with the adoption of the Comprehensive Plan . Batzli : Okay . I guess the , in kind of addressing the gentleman 's concern , we 've had a running debate as to whether residential single family is an Planning Commission Meeting '~ - April 1 , 1992 - Page 27 ▪ impact on the City or not . As far as tax wise . And I don 't know that we 've had two different answers . One that says yes and one that says not really and so I don 't know that we can give you an answer other than to say we have looked at it and we have different conclusions . We don 't think that it would have a large negative impact . Krauss : This has been a long debate in many communities . It 's clear that commercial/industrial development or multi-family housing which is commercial , non-homestead , pays a huge amount of taxes in Minnesota . Far in excess of what it takes to afford the services . The question was • typically do single family homes carry their own weight? You know I always beg to issue , if you don 't build single family homes , where are you going to live anyway but there 's been evidence on both sides of the issue . Now Plymouth last year had a very interesting scenario . They had 3 or 4 major developments pending . I think it was about 1 ,100 acres of development . And their City Council was going through a little bit of difficult time but going through some changeovers but there was a big package of potential assessments projects coming down and there was a general concern amongst residents outside these areas that they not be burdened with the cost . And what they did is they hired one of the big 10 accounting firms . I forget which one , to do an analysis of it and they developed an 80 page report that was really kind of interesting . I heard it presented in a couple of seminars . It basically concluded that if you build homes in excess of $100 ,000 .00 , there 's no doubt about it . You 're over the hill . It. 's a positive cashflow . I 've never seen it done as conclusively as that was . Batzli : That 's all the comments I had . Unless the Commission has other Vim comments , I 'd entertain a motion . Emmings: With regard to the Wetland Alteration Permit , I 'd move that the _ Planning Commission recommend approval of Wetland Alteration Permit #92-3 with the conditions contained in the staff report with the modifications in number 5 to get the numbers right . • Batzli : Can I have a second? Farmakes : Second . Batzli : Any discussion? I 'd like to discuss by calling on the gentleman with his hand up here . Do you have a concern about this particular motion? Earl Holasek : I 'm Earl Holasek . I 've got the piece right across , right in the southwest corner there . I 'm right across from the development and I would like to know where all the storm sewer 's going to go? Am I going to be taking all of that water from all' this blacktop and 141 roofs and garages and driveways? Am I going to be taking on all that water? Batzli : The report does address that and I ' ll let our City Engineer address your concern . This doesn't really have to do with the wetland alteration permit but we ' ll address it now . Hempel : Part of the City ordinance for development , the developer 's responsible for ponding on site the storm water and releasing it at the pre-developed runoff rate . So the water that he is , the excess water that Planning Commission Meeting April 1 , 1992 - Page 28 will be produced with the impervious surface and rooftops out there will be stored on site and released at the pre-developed runoff rate . So in a _ sense you will not be flooded out downstream . Earl Holasek : You do have a creek going right on through that now . Hempel : That 's correct . • Earl Holasek: Why can 't some of that be funneled into that? — Hempel : Ultimately it will be channelized to that area from the smaller _ pond . There will be two different drainageways . One following the pond along CR 18 and discharges into the existing ditch on the east side of 18 . — The other portion , or the easterly portion of the development will drain easterly towards Bluff Creek . That 's where we 're hoping to develop a , redo a ponding area for the other areas as they also develop . Have one larger — pond instead of 10 small ones . Earl Holasek : Some of these rains you get 4 , 5 , 6 inches and when you do — them on that blacktop and all them roofs , that 's lots and lots water . Hempel : We take into consideration for a 100 year flood which is a 6 inch storm in a 24 hour duration . -' Batzli : I would encourage you , if you have a specific concern , to meet with our City Engineering group . — Earl Holasek : I want to meet the next time , in fact Al Klingelhutz asked last time , to meet with the engineers the next time they meet about this — water and sewer . I plan to stay there and I don 't care for water and sewer on my place . Batzli : I think it would be best if you addressed your specific concerns — with the city staff after this meeting or set up a meeting with them . It sounds like you have specific concerns . Earl Holasek : It was in the Minutes of the last meeting . Batzli : The Planning Commission? Krauss : If I could . Mr . Holasek and Mr . Al Klingelhutz testified at the last City Council meeting on the assessment project of Bluff Creek . Mr . Holasek 's property is in the assessment area as it 's currently drawn . The — Council I believe , asked the City Engineer to meet with Mr . Holasek and several other parties before it gets back to the City Council which is in 2 weeks? Aanenson : The 13th . • Krauss: So yes . If Charles hasn 'tcalled , we can make sure that he does . — Earl Holasek: Well let me know for sure . Batzli : Okay thank you . Is there any other discussion? _ Planning Commission Meeting April 1 , 1992 - Page 29 Emmings moved, Farmakes seconded that the Planning Commission recommend approval of the Wetland Alteration Permit #92-3 with the following conditions: 1 . All wetland areas will be protected during construction by Type III erosion control . The erosion control shall be maintained in good condition until the disturbed areas are stabilized . 2 . The proposed wetland setbacks and buffer strip shown in the compliance table for each lot will be recorded as part of the Development Contract . The buffer strip may not be less than 10 feet wide . The buffer strip will be preserved by an easement . •••• 3 . Alteration to the wetlands must occur when it results in the least impact to the wetland and not during breeding season . 4 . The applicant shall receive permits from the DNR and Corps of Engineers . 5 . The applicant shall meet all conditions of the Subdivision #92-1 and Rezoning #92-2 . All voted in favor and the motion carried . Batzli : Can I have another motion for the rezoning . Ahrens: I move that the Planning Commission recommend approval of Rezoning #92-2 for property A-2 to RSF . Farmakes : I ' ll second . Batzli : Any discussion? Ahrens moved , Farmakes seconded that the Planning Commission recommend approval of Rezoning #92-2 property A-2 to RSF with the following conditions: 1 . The applicant shall enter into a Development Contract containing all of the conditions of approval for this project and shall submit all required financial guarantees . The Development Contract shall be recorded against the property . 2 . Compliance with setback standards established in the Compliance Table . 3 . The applicant shall meet all conditions of Subdivision #92-1 and Wetland Alteration Permit #92-3 . All voted in favor and the motion carried. Batzli : Last , is there a motion on the preliminary plat? Emmings : I ' ll move the Planning Commission recommend approval of Subdivision 092-1 as shown on the plans dated March 2 , 1992 with the conditions that are contained in the staff report with condition number 5 Planning Commission Meeting April 1 , 1992 - Page 30 altered to read that variances shall be granted as necessary to all homes that fall into the tree conservation area . In no event shall the front yard setback be less than 20 feet . Adding a condition 27 that makes the approval conditioned upon compliance with all conditions of the Rezoning #92-2 and Wetland Alteration Permit 092-3 . Ahrens : Second . Batzli : Any discussion? I guess I would like to just make it clear . Go — on the record that I would like staff to discuss some element of a passive park between now and the City Council meeting . Is there any other discussion? Emmings moved, Ahrens seconded that the Planning Commission recommend approval of Subdivision #92-1 as shown on the plans dated March 2 , 1992 and subject to the following conditions: — 1 . A tree conservation and wetland buffer easement shall be placed on the plat . All building sites in the tree conservation or wetland buffer — shall be shown on the building permit . 2 . The development shall follow the standards in Subdivision Regulations 18-61 regarding Landscaping and Tree Preservation . 3 . The name "Forest" shall not be used for any of the streets . 4 . Parkland shall be dedicated , 5 .62 acres of property , as recommended by the Park Commission . 5 . Variances shall be granted as necessary to all homes that fall into the tree conservation area . In no event shall the front yard setback be less than 20 feet . 6 . The applicant shall convey to the City a temporary street easement for the temporary cul-de-sac at the end of Forest Road . In addition , a sign shall be installed on the barricades stating that the street — ( Forest Road ) will be extended in the future . 7 . The final plat shall be amended to include the revised street alignment _ of Stone Creek by eliminating access onto Galpin Boulevard and provide a cul-de-sac with an interconnecting street between Stone Creek and Timberwood Drive . 8 . The appropriate drainage and utility easements should be conveyed with the final plat over all utilities located outside of the public right-of-ways , along with standard easements over each lot . Timberwood Drive shall be constructed 36 feet wide gutter to gutter . 9 . The applicant shall receive and comply with all pertinent agency permits , i .e . Watershed Districts , Health Department , MPCA . — 10 . Storm sewer calculations for a 10 year storm event along with pond storage calculations for storage of a , 100 year storm event , 24 hour — Planning Commission Meeting April 1 , 1992 - Page 31 intensity , should be submitted to the City Engineer for review and approval . 11 . A deceleration and acceleration lane on northbound County Road 19 shall be provided along with a bypass turn lane on southbound County Road 19 to improve turning movements into the development . 12 . Watermain pipe sizing shall be increased to 8 inches in diameter on Forest Road and that part of Timberwood Drive lying north of Forest Trail . 13 . The storm sewer inlets and outlets should be located at opposite ends of the ponds to promote water quality . The emergency overflow between Lots 13 and 14 , Block 6 out to Forest Drive . A permit from the railroad ( Twin City Western ) will be required for any grading or construction activity within the railroad right-of-way . 14 . Eliminate the ditch section and relocate or reduce the pond size adjacent to Galpin Boulevard so it is completely outside of the future right-of-way and roadway improvements along County Roads 18 and 19 . 15 . Fire hydrants shall be spaced approximately 300 feet apart throughout the subdivision in accordance with the Fire Marshal 's recommendations . 16 . The proposed earth Herms along County Road 19 shall be reduced or relocated easterly o provide adequate room for fu _,re trail considerations . 17 . All areas disturbed during site grading shall be immediately restored with seed and disc-mulched or wood-fiber blanket within two weeks of site grading or before November 14 , 1992 except in areas where utilities and streets will be constructed yet that year . All areas disturbed with a slope of 3: 1 or greaten must be restored with sod or wood-fiber blanket . 18 . The developer shall provide adequate access easements for maintenance purposes to the proposed retention ponds . 19 . The developer shall construct the utility and street improvements in accordance with the 1992 edition of the City 's standard specifications and detail plates and shall prepare final plans and specifications and submit for City approval . 20 . The developer shall acquire the required utility construction permits from the PCA and Minnesota Department of Health and street access permits from Carver County Public Works . 21 . The final plat should be contingent upon the City authorizing a public improvement project for extension of trunk sanitary sewer and water facilities to the site . 22 . As a condition of final plat approval , the applicant shall enter into a development contract and provide the financial security to guarantee Planning Commission Meeting . April 1 , 1992 - Page 32 construction of the improvements and payment of any pending assessments . 23 . The applicant shall be given credit for any trunk utility improvement they may install as a part of their overall site improvements . The credit will be applied towards the Upper Bluff Creek sanitary sewer and— watermain trunk improvements . The credit amount will be determined as the difference between a standard lateral pipe size ( 8-inch diameter ) and tik2, proposed trunk improvements which are 12 inches in diameter . 24 . The applicant./builder shall provide at the time of building permit "_ application a tree removal and grading permit for all wooded lots , specifically Lots 1 through 15 , Block 3 , Lots 1 through 8 , Block 4 , — Lots 1 through 20 , Block 5 , and Lots 1 through 12 and 15 through 24 , Block 6 . 25 . The apFlicant shall explore the possibility of conveying backyard drainage from Block 5 into the development storm sewer system . 26 . The outlot along County Road 19 , Galpin Blvd . needs to be replatted with another lot . 27 . Compliance with all conditions of the Rezoning #92-2 and Wetland — Alteration Permit #92-3 . All voted in favor and the motion carried. Batzli : When will this go in front of the City Council? Aanenson : April 27th . Batzli : April 27th . Thank you all for coming in once again . I encourage you to follow the issue up to the City Council . — Al Klingelhutz : I heard some discussion on Highway 212 . The ,Federal Government has allotted $8 .7 million towards that construction . The bids _ are supposed to be let up to Lyman Blvd . , that 's the last phase of the first 4 phases of construction in 1995 . I heard somebody say it will be 20 years before it comes in and I 've been on the committee now for about 38 years . I think it 's finally going to happen . The State has in their 5 year capital improvement program has got the money to complete Highway 212 up to Lyman Blvd . . Coming from Eden Prairie to Lyman Blvd . so I heard some discussion that possibly some of that traffic could go to the south and — have a freeway to go into the city . It probably will generate more traffic going to Lyman Blvd . and down onto 212 . Batzli : Thanks Al . I 'd like to take about a 3 minute recess here . — Planning Commission Meeting April 1 , 1992 - Page 33 PUBLIC HEARING: PRELIMINARY PLAT REQUEST FOR 17 SINGLE FAMILY LOTS ON 9 ACRES AND A WETLAND ALTERATION PERMIT FOR ALTERATION , RELOCATION AND MITIGATION OF A CLASS B WETLAND ON PROPERTY ZONED RSF AND LOCATED AT THE - SOUTHWEST CORNER OF THE INTERSECTION OF LILAC LANE AND TETON LANE , ITHILIEN ADDITION , HILLOWAY CORPORATION . — Public Present: Name Address David Peters 6421 Bretton Way F . & F . Natoli 6251 Teton Lane Joey Johnson 1275 Lilac Lane - Jan Wing 1321 Ashton Court Jon Guy 6341 Teton Lane Mike Horn 6330 Teton Lane Eric & Jane Danser 21640 Lilac Lane , Shorewood John Breckheimer 21710 Lilac Lane , Shorewood • Glenn Geissinger 6140 Mill Street , Shorewood Richard Bloom 14600 Woodruff Road , Wayzata , MN 55391 Paul Krauss presented the staff report on this item . Chairman Batzli called the public hearing to order . Richard Bloom : Good evening Mr . Chairman , members of the Planning Commission . My name is Richard Bloom . I 'm an independent planning consultant . Have been really since 1983 . 1976 to 1983 I was the Director of Planning for the city of Minnetonka so I obviously have some planning background and some sensitivity to some of the issues that are before us this evening . The developer of the property is Hilloway Corporation . Mr . ▪ Fenning is here in the audience . Mr . Fenning has developed numerous subdivisions primarily in the city of Minnetonka . More recent projects , he did a project in the city of Medina last year and that 's where , if you 've ▪ heard of the Street of Dreams , that was in the . . .Farm , a project that Mr . Fenning did in Medina last year . He 's also done the Shadowmere Subdivision in your community on Lotus Lake . My previous experience with your community was back actually in the early 80 's . I worked on the Fox Chase Subdivision , also on Lotus Lake . Maybe if I could just kind of review some of the things that we 've done to kind of bring this before you this evening . We held a neighborhood meeting Thursday night of last week . ▪ Invited all of the folks that were on that mailing list . I think we had approximately 15 to 20 residents there from the area that were there that evening . Frankly I thought that all things considered the neighborhood — meeting went fairly well . We spent a lot of time talking about Teton Lane . The barricade . Whether the barricade should be there or not be there . We talked quite a bit about the upcoming feasibility study that . . .is preparing . Obviously what the ramifications may or may not be to the residents on that . Obviously they have some concern there as well . I just might add parenthetically what we tried to do on all our developments . We tried to design our subdivision to really minimize the area impacts to the lo i.11:. ,il ?11y Lhose 1 i nes , I did receive D specific request from Mr . Natoli , across the street from us . He lives right down in this area here . Mr . Natoli is planning to plant a - number of pine trees right along Teton Lane here and is concern he Planning Commission Meeting April 1 , 1992 - Page 34 expressed to me , which I also conveyed to Mr . Engelhardt was that if the roadway 's widened or improved , he would like to see it done in a manner that would not disturb those trees and quite frankly we would entirely concur with him . In talking to Mr . Engelhardt about that incidentally , I think that the additional right-of-way that was granted off this property , — the additional road widening , should be able to occur hopefully entirely on the west side . The existing pavement looks like it 's only a foot or two off the east side of the right-of-way so the road widening as I would see it would predominantly have to be done on the west side . So hopefully that issue could be resolved . We 've also very carefully gone over your staff • report . I might add it 's a very thorough report . There 's 18 stipulations placed on the approval . All those are acceptable to us . I guess there 's — one comment I would make specifically about stipulation number 8 which reads that final plat approval shall not be granted until the findings of the feasibility update . . .for Teton Lane are known . A public hearing is _ held and improvement projects . . . including removal of the barricade . Frankly we 're anxious to get started on the project as quickly as possible . We would intend to file our final plat as early as practical . We support the feasibility study update . We were the ones that put up the money — basically that Todd , a cash deposit that your staff required in order to get that study updated and said we were very willing to cooperate with you in that regard . We 're doing everything we can . We feel a little bit — though we 're kind of caught between an issue here that really didn 't affect us . I mean the issue was really kind of there before we came along . We 're doing what we can to assist in the reo: lution of the problem but ultimately _ I 'm sure as you 're well aware , it 's going to take a political decision on the part of the City Council . And in effect what was being told to us and we really can 't do our final plat until you guys , or the political process winds it 's way through and there 's an action taken . So I guess I would express that as a concern that we do have . Obviously we 're willing to cooperate and work . . .to resolve this matter . I assume there will be some additional neighborhood meetings held specifically with the engineers — relative to those improvements hopefully in the near future and we 'll certainly do what we can to assist in that process . With that I thank you and I 'll answer any questions that you may have . Batzli : How do you pronounce the name of the development? Richard Bloom: Oh , Ithilien . — Emmings: Tell us about the name . That 's what I was wondering about too . Where does the name come from? Richard Bloom: Well actually if you 're familiar with the Lord of the Rings , that is . . .character in the Lord of the Rings . All of Mr . Fenning 's subdivisions , Shadowmere , Loft Lorien , Ithigard , all of those names came from the Lord of the Rings . He uses that for a name , for a subdivision name . Emmings : Alright . Batzli : Alright . I think that we will probably have questions as they arise and until that time thank you very much . Paul , before I ask for public comments , what is the rationale on number 8? Condition number 8 . ▪ Planning Commission Meeting April 1 , 1992 - Page 35 ▪ Waiting for that . Is it a question of we don 't want the development to go in until we 're sure the roads are adequate and everything 's designed? ▪ Krauss: Well fundamentally , yes . For example the Hans Hagen plat , we would not allow that plat to be filed until the project is ordered in and we had some certainty that we weren 't going to be creating lots with no means of serving them . Most of that , this condition addresses that . Now arguably we go a little bit further than that here dealing with the barricade which isn 't specifically an issue that the developer has any control over . But we are looking to have the improvements ordered in in : ▪ whatever way , shape or form the Council so wishes concurrently with this - plat . - Batzli : This is a normal condition isn 't it? Or is it a timing issue developer? I mean he can 't get , like for example , if he could file the final plat or the final plat be granted approval before the development . . . ( There was a tape change at this point in the discussion . ) Batzli : I 'm going to ask the developer or the representative . The question was asked and I was kind of hoping Steve would ask this . I thought he was • going to , on the value of the homes . Proposed value of the homes that are going. in . Can you respond to that? Richard Bloom: Yeah , we discussed that at the neighborhood meeting and I 'm sorry I failed to mention that earlier . We would expect in the range of probably $140 ,000 .00 to $200 ,000 .00 . Fairly comparable with the newer homes that were built in tU Curry Farms subdivision . Also the question on ▪ covenants . That also came up in the neighborhood meeting as well . Our intention is to take a look at the Curry Farms covenants that they have and we haven 't looked at them yet so I can 't say we 'll do exactly what those are without seeing them but our intent is to take a look at those . If those appear reasonable , we ' ll probably do basically the same thing . Batzli : As far as you mentioned the development of the road would occur ▪ mostly to the west . Have you talked about that with our staff or is that just kind of your feeling that it could be done that way? ▪ Richard Bloom: Well that was through my discussions with Mr . Engelhardt 's staff over there . Basically the existing pavement is there . The right-of-way , you 've only got about a foot of right-of-way between the east edge of the existing pavement and the right-of-way . Batzli : So the trees aren 't in the right-of-way at all? - Richard Bloom: Right . They 're on Mr . Natoli 's property so all the roadway , plus the earlier action you took back in 1990 was that corner parcel was to bite off , you took 17 feet along there so there 's probably actually , probably well in excess of 20 feet of available right-of-way west of the existing pavement where that widening 's going to occur . I suggested that to the engineers and they seemed to think that widening would occur on the west side . Planning Commission Meeting April 1 , 1992 - Page 36 Batzli : Thank you . Jeff? Farmakes: I have a couple of questions , and I 'll start off I guess with the barricade since that seems to be popular . I 'm not sure whether or not this was thrown in along with this as an issue . Having read some of , I did_ not get a chance to read all of the previous City Council meetings in 1990 but I read some of it . It seems to me that the barrier issue is a separate issue and it seems punitive to the developer to throw this in with that based on the amount of homes that are going in there . If there is a — problem , I 'm not sure whether that 's a critical mass that 's going to tip .it either way . I agree with staff and I think that if we just dealt with this again when we were talking about Timberwood . This is an age old problem — that comes along with cul-de-sacs and people wanting to have , be the only ones driving to their house and the only ones leaving . That just isn 't safe . There are cases where people are going to need , at the very least a break away barrier that they 're going to be able to access in cases of — emergency . We live in one of the most active weather pattern areas in the world . A tornado around Chanhassen is not an uncommon site . There are people who have to access for emergency vehicles . There are police — vehicles . You don 't always know what 's going to happen and you can 't build or empty out or take away a barrier while your house is burning down . There are a lot of unexpected things that happen and the city tries to provide services to everyone that are reasonable . And one of the reasonable things to ask is that you have a multiple access to an area of high concentrated homes . It may be that it adds to your traffic level but you have to ask yourself if the common good does not supersede that and that 's — what the city 's making that argument . It 's not a stupid argument and it 's not one that 's based on other occurrences . There are existing statistical eveidence and I would hope that you can look at that unemotionally . I — realize when there 's traffic in front of your house and you 're being irritated by it , or there 's somebody gunning their engine , that you think about that . And not for me . I don 't want it . I don 't care , I 'll take my _ chances and we 've had people come in here and say that . I don 't know whether that 's the prudent thing to do for the city . That they should take that attitude . I think a lot of that has to do with how many homes you 're talking about on a cul-de-sac . But I 'm rambling on here . I 'll get back to— this development . I think it should be a separate issue . I think the development should be looked on the basis of what it is . That development . And I think things reasonable to me , actually 3/4 of an acre is quite a — large lot size comparatively . It 's not for your property but where it 's zoned you 're simply not , the economics are simply not going to get a 2 acre lot . It 's not out there . And particular for this price of a house . There 's simply not a market for it . And I 'm struck I guess by the comment — previously , the meeting that took place back 2 years ago . The person who 's selling this property now claimed that he would not be developing his property . And we also see that here by people who are coming in who are — complaining about these types of developments . I wish that we were talking about a buffer type situation . If we could come up with something like that , it would help these types of situations because they happen over and _ over and over again . Unfortunately , one person 's castle is not always the same . Your vision of a utopia out in the suburbs is not necessarily shared by your neighbor . I hope we have some common sense to this whole thing . That 's my comments . — Planning Commission Meeting April 1 , 1992 - Page 37 Batzli : Joan . Ahrens: Well first of all I . . .Street of Dreams . . .straight forward . I ▪ don 't have any questions . I understand the neighbors ' concerns . They don 't want more people . They don 't want development but we can 't prevent somebody from selling their land to a developer . If they have land , they can subdivide it . . .We have no say in that . Resident : He• didn 't sell the land . . . ▪ Ahrens: At any rate . The barrier issue strikes me so odd anyway that you would have two improved roads that the city maintains with a barrier across them so people can 't drive . The concept of that is very odd to me . That - the City would even engage in that kind of isolation . . . I read through the notes in the City Council meeting and to tell you the truth , I still don 't understand the reasoning behind that decision . The cul-de-sac that ends up with Curry Farms at the top of that hill . . .end of a cul-de-sac . . . .goes on and on and on and ends up , I don 't know . . .To me it just makes sense that the barrier should be removed . . .Teton Lane . • Batzli : But do you agree with Steve 's position that we should just eliminate it from the conditions or would you like to see it remain in the conditions? Ahrens: I think it 's . . .that we put it in as a condition of this development . aMmo Batzli : But philosophically you 'd like to see it removed? Ahrens : Absolutely . I think it should be removed . I don 't think that 's - going to bring anymore traffic into Curry Farms . Certainly the people in this Ithilien development , they 're not going to drive through Curry Farms to get to CR 17 . . . It 's too long a route to take . Actually the benefits to the Curry Farms residents will be able to get to CR 17 faster . Mrs . Natoli : That 's the idea . That 's why . You made the statement exactly why we wanted it 3 years ago . Ahrens: Well at any rate , that 's my opinion . • Mr . Natoli : That was supposed to be a break away put in there but they didn 't come along with a break away . They put those big pillars in . Now I maintain there still should be break away for more than one reason . We 've had a number of small tornadoes go through that area and if a big one went through there once , you 'd need ambulances and fire engines and everything else coming from both sides . So break aways would be the clear thing because then your fire trucks and your ambulances can go through it . linsm I don 't want to , I 'd hate to see anybody get hampered where they can 't get an ambulance or fire truck in . But that fell through . I don 't know what happened . Batzli : Thank you . Planning Commission Meeting April 1 , 1992 - Page 38 Ahrens: Well I just don 't think the developer should have to get involved in this . — Batzli : Is that it? Okay . I guess Joan kind of covered it as did Jeff and there 's a lot of concern and rightly so as the development moves into _ an established neighborhood with different sized lots . In this instance the development meets our standards so that we can 't stop them . We can make them conform to our ordinances , which they 're doing and in a market capitalist society , unfortunately they took advantage of the sale to the — bank or however they got the property and we don 't get involved with that so I mean it is too bad for the neighborhood . If they would have had you- know an inkling and would have been able to purchase it and had the money — to do so and to maintain it , that would have been very nice . But unfortunately the City isn 't involved in that part of the process so . We are at least trying to make them conform to our ordinance and make it a safe development for the residents surrounding . Paul , several of these lots are listed at exactly 15 ,000 square feet . Is there some sort of opinion by the Planning Department that these things actually measure up correctly? — Krauss: We took the information that was provided by the surveyor who prepared this said it was accurate . We asked for clarification of that — with signed documentation under the final plat . Ahrens : . . .plus or minus . Krauss: Yeah . They 've got to make sure they 're all plus . Batzli : Okay . For the purposes of Lots 12 , 13 , 15 , 16 , 17 . When we 're — calculating lots as far as the minimum lot size , refresh my memory . Are we taking out those areas that are wetland? Are we using a gross or net or are those people given credit for the 39 ,000 square feet? Krauss : Under current ordinances we do not subtract wetland areas . This is what we 've talked abouton several occasions that we may want to look at an ordinance change that does that . Emmings: For density calculations we do . Krauss : For density , yes . Right . Batzli : But not for minimum lot? Krauss : No . But what we have done here and what we 've done in the recent years is we 've made sure that they lay out as buildable lots and I think in the packet you 'll see that there is a fair amount of information provided . — There 's in fact a detail of one of the lots that we interpretted the setbacks and there 's information provided on how those lots around the wetland work . Batzli : And what was the net density of this development? It was well within our allowed density as I recall . Planning Commission Meeting • April 1 , 1992 - Page 39 ▪ Krauss : Yeah . It was , the net is 2 .7 units an acre and gross is 1 .9 . The Comp Plan allows anything less than 4 . We seem to average about 2 in single family neighborhoods . Batzli : I would like to , as a general rule of thumb I would say that the barricade shouldn 't be in there . However , there 's a lot of history with the barricade and it was a political decision and the neighbors fought long and hard and. they got that and I don 't know whether the City Council wants to relook at that but I don 't want to relook at it unless the City Council tells me to relook at it . From a policy standpoint of the Planning ▪ Commission , I would say it shouldn 't be in there but they 've already made- that decision . So I would like to remove that from the conditions and if the Council wants to revisit it , they may . I don 't think it 's up to this developer though . So I 'm on record anyway . I 'd like to see the trees saved and the only thing that we haven 't talked about I guess is the drainage . That didn 't seem to be a concern except for one resident so I guess I would encourage that resident to talk off line with our people if that is a large concern . And I 'm sorry sir , did you have a? Resident : Yes , I have a quick . . .related question . On that wetland , is the city responsible for maintenance of that or is that the . . . Just to make sure that it 's upgraded and kept . . . Hempel : That will be maintained by the city and there will be a drainage easement over it . I should point out , the city as far as mowing these areas , obviously it 's a wetland . We 're not going to be mowing it and so forth . By maintenance we mean by cleaning out sediment that accumulates at ▪ these storm sewer inlets and so forth . Resident : How about . . .? Hempel : I 'll defer that one to Planning I guess . We typically have not done that to any of our wetlands yet . Kraus.: Just because he punted doesn 't mean we have the answer . Frankly , I mean we have had these problems crop up . There are city weed inspector , if I can punt again is , yes . We do have a city weed inspector . He was nominally , no , it was the City Manager but he passed it down to the Public Safety Director . He is the officially designated , I mean by State law , he 's the weed inspector . And purple loosestrife is one of those noxious ▪ weeds that he 's responsible for and I know they do , they had operated in some wetlands in conjunction with the DNR but I don 't know how extensive that program is . We can ask him . Farmakes: We did it at Lake Lucy . The DNR provides you with equipment . You walk through your wetlands and for each individual plant , if you want to spend a great Saturday sometime in the middle of July , I would highly — recommend it . Batzli : I thought they were supposed to pull it . Farmakes : They give you Rodeo and you spray it . Ahrens : You can 't pull it out . • Planning Commission Meeting April 1 , 1992 - Page 40 — Farmakes: But it 's just a maintenance type thing . Apparently this plant lays down it 's seed supply that will last 10 ,000 years from now so it 's pretty much cosmetic . Batzli : Okay . That 's all the comments I had . If someone would like to — make a motion . Ahrens: I 'll move that the Planning Commission recommend approval of Preliminary Plat #92-4 as shown on the plans dated March 14 , 1992 and . . . Emmings: The date on the plans is March 16th . I think . Batzli : Yes . Ahrens : March 16 , 1992 and Wetland Alteration Permit #92-2 as shown on the_ plans he— plans submitted by Barr Engineering dated , is it March 9 , 1992 , subject to the following conditions . As the Commission stated , condition number 8 shall remove the words , including the removal of the barricade . Emmings: I 'll second that motion . Batzli : Paul , are we covered , or Dave . Whoever can answer this question . — As far as where the road is located to save the trees . Is that something? Emmings : Are the trees threatened? Krauss : I don 't think they will be . I mean we have not seen the final construction proposal . There could theoretically be something we 're not sure of but there doesn 't seem to be any obvious reason why we can 't save — those . Batzli : Okay . — Emmings : Are we discussing? Batzli : We 're discussing . Emmings: As far as the discussion goes , I want to be on record also , if it isn 't already clear that I would be for removing the barricade and — connecting those roads up . For all of the same reasons that we just did it on the last one . And Jeff went through the litany . • Ahrens: One quick question . Condition number . . .more outlots? Krause : Well theoretically though those lots could access Lilac . They have a double frontage situation so we just wanted to make sure we 're clear — and that would not occur . Batzli : Is there any more discussion? — Ahrens moved, Emmings seconded that the Planning Commission recommend approval of Preliminary Plat #92-4 as shown on the plans dated March 16 , _ 1992 and Wetland Alteration Permit #92-2 as shown on the plans submitted by Barr Engineering dated March 9, 1992, subject to the following conditions: Planning Commission Meeting Nos April 1 , 1992 - Page 41 1 . The following easements shall be added to the plat : a . A 20 foot drainage and utility easement along the common lot line Nom of Lots 2 and 3 . b . A 20 foot drainage and utility easement along the common lot line of Lots 14 and 15 . Wm. c . A 20 foot drainage and utility easement along the common lot line of Lots 15 and 16 to provide vehicle access to manhole . d . A drainage easement along the rear lot line of Lot 14 . e . A 20 foot utility easement along the rear lot lines of Lots 14 through 17 and the side lot line of Lot 13 for sanitary sewer . f . A drainage eaesment for the wetland pond for the boundary at the 1004 ' contour . g . A conservation easement for the wetland over the 1001 ' contour . h . The existing drainage easement over the wetland must be vacated . 2 . A 12 inch RCP storm sewer with a 4 inch orifice plate shall be constructed as the outlet structure for the wetland pond . The wetland pond bottom shall be lined with clay and top dressed with 4 to 6 inches of topsoil . 3 . Storm drainage contributing area map , storm sewer pipe calculations and an erosion control plan shall be submitted with the final plat . Slopes shall not exceed 3: 1 . 4 . The internal watermain system shall be installed within the proposed new street right-of-way and shall be looped to Lilac Lane or to Ashton Court . 5 . An additional sanitary sewer manhole shall be located along the common lot line of Lots 15 and 16 and vehicle access shall be provided from the new street along the common property line of Lots 15 and 16 . 6 . A 60 foot wide street right-of-way shall be provided for the new street proposed within the subdivision . 17 feet of right-of-way shall be granted along the east plat line to provide a 50 foot wide road right-of-way for Teton Lane as consistent with right-of-way dedications Mma along Teton Lane north and south of this area . 7 . Lots 1 through 5 shall take driveway access from the proposed new street . 8 . Final plat approval shall not be granted until the findings of the feasibility study update for improvements to Teton Lane are known , a public hearing is held and the improvement project is formally ordered . s— Planning Commission Meeting April 1 , 1992 - Page 42 9 . The developer shall enter into a development control with the City and provide the necessary securities associated with the development . 10 . The preliminary plat should be adjusted to provide the required 90 foot frontage at the 30 foot setback for Lots 4 and 6 , Block 1 . Lot 10 be adjusted to provide a more suitable building pad area . 11 . The applicant shall receive all required permits . 12 . Park and trail fees shall be paid in lieu of land dedication . 13 . The applicant shall retain a qualified soils engineer to evaluate the _ sub-surface soil conditions on the proposed subdivision and recommend corrections at proposed house pads , if necessary . 14 . The location of the proposed house pads , the type of dwelling and the — lowest floor and garage floor elevations should be indicated on the grading plan . Dwelling type designations should be : R Rambler TU Tuck Under W0 Walk out SE Split Entry — SEWO Split Entry Walk out ' 15 . The wetland alteration shall be completed exactly as proposed in the — Barr Engineering memo dated March 9 , 1992 , including the two pond system , interspersed with open water and submergent plant species , and landscaping of a mixture of emergent plant species and wetland shurbs . 16 . Disposal of dredged material is prohibited within the wetland area . 17 . The applicant shall notify staff within 48 hours prior to commencing the alteration to the wetland and shall again notify staff within 48 hours after completion of the wetland alteration for staff review and approval . — 18 . The letter of credit , as part of the development contract , shall include financial sureties to guarantee proper mitigation of the _ wetland , including landscaping and as-built plans . All voted in favor and the motion carried. Batzli : Paul , when will this go in front of the City Council? Krauss : 27th of April . The feasibility study though , like on the other one , the feasibility study is going on the 13th . Hempel : I believe it 's on the 13th , yes . Batzli : Okay thank you . Planning Commission Meeting April 1 , 1992 - Page 43 COMPREHENSIVE PLAN AMENDMENT AND ZONING ORDINANCE AMENDMENT REGARDING MINIMUM LOT SIZE IN THE RURAL SERVICE AREA . Batzli : Seeing as how our resident minimum lot size expert in the rural district is not here tonight , would we like to carry this over? ▪ Krauss: Okay . Aanenson: Yeah , that 's fine . We 'll just leave it in the packet . I know Tim did have some concerns . He tried to get a copy of it before he went • • out of town . • Batzli : I guess , I mean Tim is the one that I think is the largest ▪ proponent of this and seeing as how the meeting is running late , I would prefer to defer this . Do we need a motion to do that? To table it? Krauss : Yes . Ahrens moved , Farmakes seconded to table the Comprehensive Plan Amendment and Zoning Ordinance Amendment regarding minimum lot size in the rural service area until the next Planning Commission meeting . All voted in favor and the motion carried. NEW BUSINESS . Batzli : Under new business , apparently the item was postponed . That was ourspa center out at the Assumption Seminary . Is that due to problems or is that just a full meeting this time? Krauss : No . They had some conflicts in their schedule and asked to be ▪ bumped one meeting . APPROVAL OF MINUTES: Chairman Batzli noted the Minutes of the Planning ▪ Commission dated March 4 , 1992 as presented . CITY COUNCIL UPDATE: • Krauss: Well , I don 't know that , I mean everything was done pretty much the way you wanted to do it . There was one item that you expressed some interest in concerning the water surface useage ordinance . I know • Commissioner Emmings commented on that . It had to do with a change the Council made at the last minute relative to boat ownership . The Council , the old ordinance restricted boat dockage on the lake to the owner of the lot and immediate family . They basically eliminated that restriction so that anybody could use it with the owner 's permission . The ordinance was published that way . It 's recorded that way and then there was some reconsideration of that thinking that that opened the door too far to allow people to rent out space and I believe that they are looking to shut that. door back down again and a change is going to come back to the City Council . It 's not in the zoning ordinance . It 's in the watercraft , boats and moorage . Whatever we have that section entitled . So the public hearing and ordinance change will be at. the City Council . Highway 5 corridor study . There 's things moving with that now . Now did you all get the copy of the newsletter from Bill Morrish 's staff? That big book? Planning Commission Meeting April 1 , 1992 - Page 44 Ahrens: Yeah . Ledvina : I did not . • Batzli : I don 't know if I did . Krauss : We just ordered 500 more . Ledvina : Should it have been mailed to my house? Krauss: We mailed it out when we cancelled the last meeting . We sent it- out with that . We ' ll get you one . We 've been working to try and bring — this thing around . Firm it up . Had a series of meetings with MnDot and some of them have been good . Some of them have been bureaucratic . Bill Crawford , significantly Bill Crawford is the number two guy at MnDot , told Don that he was real excited about this innovative approach to the project — and as far as he was concerned , the State 's already approved TH 5 so why don 't we just go do it . Well , then we talked to the functionaries in MnDot and: they kept on going well , the design book says you do it this way and we— only pay for culverts and on and on and on . So we 're trying to work that out . We still think that there 's a lot of hope here that we can work something out with MnDot . We 're also trying to keep on track with doing the rest of the work . That we basically have a concept but the concept has— no . . .and it 's never been made public . And Friday in fact I 'm meeting with Barry Warner from Barton-Aschman who 's done the urban design improvements on the current stretch of TH 5 and another party from Camerous which is a — planning firm that is doing urban design work in Minneapolis-St Paul , Sioux City and a few other places , to kind of put together a proposal that I hopefully can bring back to the Council , hopefully get them to act on it so— we can get to work on this pretty quickly . So we are moving forward . Ledvina : What is the level of development pressure that the City is _ experiencing within the corridor? I mean are people really clamping down on you saying we need to know and we want to do this? Kraus ' Yeah . We 've had a series of meetings with Opus Corporation on the 190 acres out at TH 5 and TH 41 . They want to get through their planning process this summer . Ryan Development already submitted a plan in the area in front of Timberwood . I mean if you think you saw Timberwood tonight , — you 're really going to . . . Ledvina : Are things happening that we don 't want them to happen? Krauss : No , not yet but there 's always a potential for that . The Timberwood , the area north of Timberwood is being hung up by a number of factors and I think we were 'very fortunate the way we worded the -- Comprehensive Plan in that area . Basically it 's either residential or you give us a very high end office development and a school site and we work it out . Well , the school site 's still up in the air . We 've had a series of meetings with the school . Their initial reaction , and I showed you this stuff a •couple of months ago , was that the site wasn 't big enough and they have a huge amount of recreational facilities . I mean like 6 ballfields , 4 football fields , 8 tennis courts , big parking lot . Well yeah , you could basically hold the Olympic Festivals here when you 're done . But they 're Planning Commission Meeting - April 1 , 1992 - Page 45 ▪ still trying to iron out their needs and they 're supposed to make a report to the School Board and this is the committee that Don Ashworth and I sit on . They 're supposed to make a report to the School Board end of April , early May . So that 's moving along as well . Until all of these things are . clarified , we keep putting off Ryan 's development . In fact Kate and I and Todd Gerhardt had lunch today with Kent Carlson who you saw for Ryan and they keep asking us when are we going to be allowed to do something and we keep moving it down the pipe . So yeah , the long answer to your question is yes . There 's a lot of interest and things are really starting to happen . • Farmakes: Did you receive any comments from Opus at all in regards to the plan itself or any of these larger developers? Krauss : Opus , don 't get me wrong , Opus is a good developer but there 's a give and take when we have these early meetings . Kind of fun actually . Opus ' initial position , which Kate and I were cracking up about was the collector , southern collector road which we have going through there . N ur Normally you hear of things like the Timberwood folks saying I don 't want any. outside traffic coming through my residential , pristine neighborhood . Opus was saying the same thing . We don 't want your non-industrial traffic ▪ coming through our neighborhood so , we build very exclusive industrial parks and we want all the roads to dead end . Emmings: Even with the connections of the Arboretum and everything? Aanenson : Yeah , very exclusive . Emmings: Unbelieveable . Krauss: So we 've got a ways to go with them but the fortunate thing with Opus too is they 're at the end of the sewer line and I think we 've got a nice long time to work things out with them . Ahrens : At the end of the sewer line . ktim Krauss : The end of the sewer line . We 're likely to get it. to . ▪ Ahrens : 2 years? Krauss: Well we 're not sure . Probably 2 at least . We 're likely to get ▪ the sewer up to Hans Hagen 's property this fall but then it 's got to go past Timberwood , up Galpin and hook a left and go across an 84 acre site and then get to the Opus site . Batzli : Can 't they petition to join Chaska? Krauss : They could if Chaska had an ounce of capacity but they don 't . You know they can 't be annexed to Chaska . The reason we lost that site a number of years ago is that there was no clear presumption that we would be able to service that Volk property at any reasonable t.init- _ Wc: 'v. Mt tro Emmings : Does that stop them from? Planning Commission Meeting April 1 , 1992 - Page 46 Batzli : Does that say you ' ll get served in time? Krauss : It stops them . I think it gives a very good case not to have anything annexed to another community . Now we have talked to Chaska for several years about where it 's reasonable to do it . Maybe we should join _ our water system so we don 't have to build water towers . Maybe we should serve each other 's sewer where it makes sense to do it . Chaska right now has severe limitations on the sewer plan and it 's because Metro Waste Control Commission believed the Metro Council 's population projection . So — they theoretically had a 10 year plant expansion that 's lasted a year and a half . Batzli : They 're riot going to , they don 't have a problem . . . ( There was a tape change at this point in the discussion . ) Ledvina : . . .The reason I asked about the development was , I 'm just wondering there was . . .wondering of the appropriateness of a moratorium on development within that corridor . Something similar to . . .we 're doing a corridor study . . . Krauss: Well the Council did look at a moratorium . . . I think it was ._ October/November and decided for a number of reasons that they were uncomfortable with it . At the same time there was a court ruling that was handed down in Woodbury where they used a moratorium on construction . . .do it for 6 months I think it was and . . . I was in Minnetonka when that was — done and the 6 months turned out to be 18 or 24 months . They got away with it but in Woodbury they didn 't and they got sued . . . Now I hope to bring something to you for discussion at the next meeting . The next meeting we -- don 't have the volume of new development . We should have the seminary but I took a crack at drafting up an overlay district for the corridor which gets our foot in the door hopefully . Then when we have a formal corridor _ study , we just adopt it by reference . Kate 's taking a look at it and giving me some feedback . I 've had several discussions with Roger Knutson . He initially told me I couldn 't get away with it and now he 's come around to saying maybe you can . I need to work out some details . — Ledvina : I heard the situation in Woodbury was like . . .when you have a corridor study that you 're conducting . . . — Krauss : I 've always been led to believe you do and there are often case law that evolve from communities that screw up . I don 't think that that 's necessarily representative of what you can and can 't do but the Council did talk about it and was not very favorable . Ledvina : Maybe with this . . .corridor study they 'd be more comfortable . I — don 't know . I think that if we don 't want to keep saying no to the developers just on an individual basis . We want to be able to let them know what our game plan is . . . Farmakes: From a practical standpoint though for a developer . . .amount of property , you 're going to want to know . . . Planning Commission Meeting April 1 , 1992 - Page 47 Aanenson: That 's exactly it . Right now there 's too many unknowns as far as where those frontage roads are going to go . What the width of TH 5 . . . If those come in we 're just going to recommend question marks . raw Farmakes: You 're talking 6 months here . I would think a good developer would sit back and wait . . . I don 't know . . . ( The quality of the tape during this discussion was very poor and wasn 't picking up voices clearly . ) Farmakes: First of all I can 't take credit for this . I 'll give credit - where credit 's due . But it is extremely pertinent to some of the stuff that we 're talking about . PUD . The issue on the corridor . Even some of the issues that we 're arguing about here and this is counter to a lot of stuff that we 're doing . Or have done let me say . The level of criticism on anything but basically since the war has been over , World War II , and where development has gone both commercial and for the city , this addresses a lot of that and I don 't know that it 's the Bible but it certainly brings up some interesting arguments for those who like to talk about that kind of stuff . So I suggest you read it if you can . Batzli : Paul , I know this was inadvertent but could you , well I did not read it yet so I 'm going to read it . Can we put in a new number 16 for other items for looking or coming back and telling us what is involved in looking at lot sizes in Chanhassen? I went backwards because other people jumped down to open discussion . Krauss: So in the context of increasing lot size? Batzli : You were going to come back and tell us what would be involved in re-evaluating it . Not doing a study on it . Just telling us what would be involved . Minimum lot size in the subdivision ordinance . Something that you and Ladd said you would die before you did it . We have no administrative approvals I 'll assume . Open discussion we 've already done . Ahrens moved , Emmings seconded to adjourn the meeting . All voted in favor and the motion carried . The meeting was adjourned. Submitted by Paul Krauss Planning Director Prepared by Nann Opheim REVISED FEBRUARY 27, 1992 ONGOING ISSUES STATUS Comprehensive Plan Issues 1.* 1995 Study Area (North) Several meetings held with task force. U and Hwy. 5 Corridor Study of M Program to wrap up by January 1. PC recommended to proceed with study. Currently being evaluated by CC. 2. 1995 Study Area (South) Assigned to Planning Commission staff. Work to be initiated as time commitments allow. OTHER ITEMS 1. Rezoning BF Dist. to A2 Staff preparing updated information for Planning Commission direction. 2.* Sign Ordinance Completed review of issue paper. Starting work on new standards. 3.* Tree Protection Ordinance City/MnDNR have jointly contracted for Mapping of significant detailed on-site tree inventory to be vegetative areas conducted spring/summer, 1992. 4.* Wetland Ordinance/Surface Main group establishing public Water Management Program information and erosion control program Task Force established. along with other work. Special wetlands subcommittee working to fast track = development of new ordinance. 5.* Shoreland Ordinance Staff is currently working on a draft of the ordinance. 6.* Group home ordinance PC review on 3/4/92. 7. Rural Lot Area Policies PC review in March, 1992. 8. PUD Ordinance Future meetings required. 9. PC input in Downtown Ongoing — Planning and Traffic Study 10. Review of Architectural 1992 — Standards to Promote High Quality Design 11. Bluff Creek Corridor With adoption of Bluff Line Preservation Greenway ordinance, CC referred item to Park and Recreation Commission. Staff working with Riley Purgatory Bluff Creek Watershed District to develop joint Bluff Creek corridor program. — 12.' Modifications to beachlot Ordinance approved by CC on 2/24/92. _ ordinance - Re: Non- conforming beachlots 13. Ordinance amendment to Non- PC approved. City Attorney to redraft. conforming use section to clarify ordinance. 14. Temporary uses, sales - Guidelines memo reviewed by PC — new ordinance. and scheduled for CC. Ordinance revisions to follow. 15. Truck and trailer rental standards. Request by PC. 16.* Sexually oriented businesses PC review on 3/4/92.* — Change in status since last report CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Planning Commission FROM: Kate Aanenson, Planner H DATE: April 9, 1992 SUBJ: Discussion of Group Home Regulations BACKGROUND At the March 4, 1992, meeting, the Planning Commission discussed developing an ordinance regulating group homes. State law mandates that a residential facility is a home for retarded, mentally ill, physically handicapped, or chemically dependent persons is: Permitted - in a single family district with 6 or fewer persons Conditional - in a multi-family district with a capacity of 7 to 16 adults Except to ensure that health codes are met, a city cannot stop a state approved group home from locating in a single family neighborhood. Facilities with 7 to 16 persons need a conditional use permit to locate in the multi-family districts (R-8, R-12 and R-16). Group homes are currently reflected as permitted uses or conditional uses in the Zoning Ordinance. The Zoning Ordinance currently states that the conditional use permit would be reviewed using the standard conditional use permit criteria (Attachment #1). Staff is requesting that the Planning Commission give consideration to developing more specific review criteria. In addition, the Planning Commission may want to consider other types of residential facilities as a conditional use in the single family and multi-family districts. These uses could include supportive living centers, women's shelters, and foster homes. Under this amendment, all of the proposed residential care facilities would be a conditional — use. They would have to meet the criteria staff is proposing as well as receive the conditional use permit. The definition of a residential care facility would exclude those types of facilties where a judge or court would order someone to reside. The city has the option under the conditional use to approve or deny those facilities that are compatible with the community. t4: PRINTED ON RECYCLED PAPER Planning Commission April 9, 1992 Page 2 — ANALYSIS SINGLE FAMILY DISTRICT MULTI-FAMILY DISTRICT 0-6 Persons Permitted 7-16 Persons CUP *Licensed Residential Care Facility *Licensed Residential Care Facility — *New definition Licensed Residential Care Facility - Any facility, public or private, for gain or otherwise, regularly provides one or more persons with 24 hour per day substitute for care, _ food, lodging, training, education, supervision, rehabilitation, and treatment they need but which for any reason cannot be furnished in the person's home. This definition does not include any person recommended by court order or otherwise to such facility. This use may include public foster homes, maternity and women's shelters, residential programs, supportive living residences for functionally impaired adults or schools for handicapped children. The following criteria should be used: — 1. Licensed residential care facilities or group home facilities for six or fewer persons located within 1/4 mile of another similar facility or for more than six persons or other — charitable, religious, counseling or therapeutic service entity involving regularly scheduled meetings; a. 3,000 square feet of lot area for each overnight resident, based on proposed capacity; b. 300 square feet of residential building area for each overnight resident, based on proposed capacity; c. no external building improvements undertaken which alter the original character of the home unless approved by the city council; d. traffic generation: A detailed documentation of anticipated traffic generation shall be provided. In order to avoid unreasonable traffic impacts to a _ residential neighborhood, traffic limitations are established as follows: 1) the use shall not be permitted on properties which gain access by — private roads or driveways which are used by more than one lot; Planning Commission April 9, 1992 Page 3 2) for property located where traffic from the property will always utilize the same portion of a local residential street before reaching a collector or arterial street (for example, a cul-de-sac) traffic generation shall not exceed 23 vehicle trips per day; 3) for property located on a local street not subject to paragraph b above, traffic generation shall not exceed 32 vehicle trips per day; 4) for properties located in close proximity to a collector or arterial roadway, traffic generation shall not significantly impact local residential streets. e. No on-street parking to be allowed. Adequate off-street parking shall be required by the city based on the staff and resident needs of each specific facility. Private driveways shall be of adequate width to accommodate effective vehicle circulation and are to be equipped with a turnaround area to prevent backing maneuvers onto public streets. Driveways shall be maintained in an open manner at all times and emergency vehicle access is to be available. Driveway slope shall not exceed 8% unless the city determines that site characteristics or mitigative measures to ensure safe vehicular circulation are present. Adequate sight distance at the access point shall be available. f. All facilities to conform to the requirements of the Minnesota State Building Code and Fire Code; g. Landscape buffering from surrounding residential uses to be provided consistent with the requirements contained in Section 20-1180 of this ordinance. A privacy fence of appropriate residential design may be required to limit off-site impacts. Landscape screening from surrounding residential uses may be required by the city depending on the type, location and = proximity of residential areas to a specific facility; h. Submission of detailed program information including goals, policies, activity schedule, staffing patterns and targeted capacity which may result in the imposition of reasonable conditions to limit the off-site impacts; i. The facility to be overseen by a board of directors; j. Submission of bylaws of the board of directors, resumes of members of the board of directors and articles of incorporation to the city; Planning Commission April 9, 1992 Page 4 — k. Neighborhood representatives to be invited to sit on the board of directors or advisory board if required by the city; — 1. For community based residential care facilities only, a background investigation shall be performed to verify the qualification of the director and — the responsible operation of the program. this investigation to be paid for by the applicant. m. Submission of a formal site and building plan review if a determination of need for such review is made by the city; and — n. Additional conditions may be required by the city in order to address the specific impacts of a proposed facility. •RECOMMENDATION In summary, staff asks that the Planning Commission give consideration to approving and call for a public hearing to amend the zoning ordinance regarding Licensed Residential Care Facilities as a permitted use for 0 to 6 persons in the single family district and as a — conditional use for 7 to 16 persons in the multi-family district. Staff is recommending that the Planning Commission consider adoption of the standard conditional use permit criteria (Division 2, Section 20-231 through Section 20-237) be used to review licensed residential — care facilities in the multi-family districts. ATTACHMENTS — 1. City Code, Division 2, Conditional Use Permits. 2. Planning Commission minutes dated March 4, 1992. — Athchmen-t 41 I § 20-221 CHANHASSEN CITY CODE ARTICLE IV. CONDITIONAL USES* DIVISION 1. GENERALLY . Sec. 20-221. Nature;burden of proof. Conditional uses include those uses which are not usually allowed within the zoning Om. district, but which may under some circumstances be suitable. The applicant shall have the burden of proof that the use is suitable and that the standards set forth in division 2 of this _ article have been met. (Ord. No. 80, Art. III, § 2(3-2-1), 12-15-86) Secs. 20-222-20-230. Reserved. DIVISION 2. CONDITIONAL USE PERMITS Sec. 20-231. Application, public hearing,notice and procedure. The application,public hearing,public notice and procedure requirements for conditional use permits shall be the same as those for amendments as provided in article II, division 2, except that the permit shall be issued on the affirmative vote of a majority of the entire council. Although specific submissions required to complete an application for a conditional use permit may vary with the specific use and the district in which it is located, all applica- tions for such permits must include at minimum a site plan that clearly illustrates the following: proposed land use building mapping and functions, circulation and parking areas. planting areas and treatment, sign locations and type, basic lighting concerns, the relation- ship of the proposed project to neighboring uses, environmental impacts and demand for municipal services. (Ord. No. 80, Art. III, § 2(3-2-2), 12-15-86) Sec. 20-232. General issuance standards. The planning commission shall recommend a conditional use permit and the council shall issue such conditional use permits only if it finds that such use at the proposed location: (1) Will not be detrimental to or endanger the public health,safety,comfort,convenience or general welfare of the neighborhood or the city. (2) Will be consistent with the objectives of the city's comprehensive plan and this chapter. (3) Will be designed, constructed, operated and maintained so to be compatible in ap- - pearance with the existing or intended character of the general vicinity and will not change the essential character of that area. (4) Will not be hazardous or disturbing to existing or planned neighboring uses. *State law reference—Conditional uses,M.S. § 462.3595. Supp. No.2 1174 ZONING § 20-233 --- (5) Will be served adequately by essential public facilities and services, including streets, _ police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services - provided by the persons or agencies responsible for the establishment of the proposed — use. (6) Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. — (7) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents. or trash. (8) Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. (9) Will not result in the destruction, loss or damage of solar access, natural, scenic or _ historic features of major significance. (10) Will be aesthetically compatible with the area. (11) Will not depreciate surrounding property values. (12' Will meet standards prescribed for certain uses as provided in this article. — (Ord. No. 80. Art. III, § 2(3-2-3), 12-15-86) Sec. 20-233. Conditions imposable on permits. — tal In reviewing applications for conditional use permits, the planning commission and the council may attach reasonable conditions to mitigate anticipated adverse impacts associ- ated with these uses, to protect the value of other property within the district. and to achieve the goals and objectives of the comprehensive plan. Such conditions may include, but are not limited to, the following: — (1) Controlling the number, area, bulk, height and location of such uses. (2) Regulating ingress and egress to the property and the proposed structures thereon with particular reference to vehicle and pedestrian safety and convenience. traffic flow and control and access in case of fire or other catastrophe. (3) Regulating off-street parking and loading areas where required. (4) Utilities with reference to location availability and compatability. (5) Berming,fencing, screening,landscaping or other facilities to protect nearby property. - (6) Compatability of appearance. — Supp. No. 2 — 1175 § 20.233 CHANHASSEN CITY CODE (b) In determining conditions, special considerations shall be given to protecting immedi- ately adjacent properties from objectionable views, noise,traffic and other negative character- - istics associated with such uses. - (Ord. No. 80, Art. III, § 2(3-2-4), 12-15-86) Sec. 20-234. Denial for noncompliance. If the council denies a conditional use permit, it shall state findings as to the ways in which the proposed use does not comply with the standards required by this chapter. (Ord. No. 80, Art. III, § 2(3-2-5), 12.15-86) Sec. 20-235. Permits not personal. A conditional use permit shall be issued for a particular use and not for a particular person. (Ord. No. 80, Art. III, § 2(3-2-6), 12-15-86) Sec. 20-236. Expiration. If substantial construction has not taken place within one (1)year of the date on which the conditional use permit was granted, the permit is void except that, on application, the council, after receiving recommendation from the planning commission, may extend the permit for such additional period as it deems appropriate. If the conditional use is discon- tinued for six (6) months, the conditional use permit shall become void. This section shall apply to conditional use permits issued prior to February 19, 1987, but the six-month period shall not be deemed to commence until February 19, 1987. (Ord. No. 80, Art. III, § 2(3-2-8), 12-15-86) Sec. 20-237. Revocation and inspection. (a) Failure to comply with any condition set forth in a conditional use permit shall be a misdemeanor and shall also constitute sufficient cause for the revocation of the conditional use permit by the city council following a public hearing. The property owner shall be notified in advance of the city council's review of the permit. (b) Inspections will be conducted at least annually to determine compliance with the terms of a conditional use permit. (Ord. No. 80, Art. III, § 2(3-2-7), 12-15-86; Ord. No. 106, § 1, 8-14-89) Secs. 20-238-20-250. Reserved. DIVISION 3. STANDARDS FOR AGRICULTURAL AND RESIDENTIAL DISTRICTS Sec. 20-251. Scope. In addition to all other standards required by section 20-232, the standards in this division shall apply to conditional uses if they are to be located in agricultural or residential districts. (Ord. No. 80, Art. V, § 9(5-9-1), 12-15-86) Supp. No. 2 1176 Planning Commission Meeting March 4 , 1992 - Page 43 Farmakes: I mean even more so . 5 ,000 say . 10 ,000 . What that will incur and where we center our educational system within this city . OPEN DISCUSSION: GROUP HOMES. Krauss : I don 't know what all I can say about it in the interest of being brief . I think we have , we need to clarify some stuff in our ordinance and— I tried to tell you what our philosphical position is on these things . That we believe we have an obligation to serve the needs of all our residents in a fair way but right now you 've got a problem waiting to occur . When one of the primary standards for siting a large group home in our community is that it has to have a good septic tank , we 're missing the point. Minnetonka , to give credit where it 's due . It wasn 't me but it was the woman who 's the Planning Director still over there , took some real — innovative steps with these things . Ann Perry worked on a Hennepin County committee to help move these facilities around and came up with standards that were really tested under fire in Minnetonka in several situations . One— was a group home for troubled teenagers going into an old school . Another was a shelter for battered women . What I ask you to do is take a look at the standards in the Minnetonka ordinance . We can adopt something like — that . We can work on something else but I threw that on the table because I think it does a fairly good job . Batzli : I liked the standards . It looked to me like it buffered it . It — took into account size and impact on the neighboring properties so I thoughtit was a real good , you know use that as a model . I guess that 's what I 'd like to see . What does everybody else say? — Ahrens : I think it 's well written . Batzli : Yeah . So do we want staff to draw something like that up? Is that how we want to use up more of that time with? Krauss : I 'd also tell you too , I want to contact Chuck Gabrielson and get — his input on it . Chuck is the program director of the only real group home we have in the city right now . I think he 's a pretty decent fella who would give us his comments . Batzli : Straight scoop . Okay . Farmakes: Can I ask a question , since as I 'm not as experienced as some of— the fthe people on here . One of the definitions they had in here was mentally ill . Is there a definition for that? It 's kind of a broad range . Krauss : I don 't know . Emmings: I 'm sure there must be . I 'm sure there is . The State has to have one because they have MI programs and they 've got to have a definition . I don 't know what it is though . Farmakes : And there isn 't a definition in here for criminal group home or — people who are coming out of prison . Emmings : Halfway house? Planning Commission Meeting March 4 , 1992 - Page 44 Farmakes: Halfway house . Does that come under that? Krauss: Well I don 't know . That 's the details you need to get into because a lot of those are not licensed specifically by the State . Judges can remand people to certain homes . Emmings: I wasn 't thinking we were talking about those when I was reading this . Batzli : No ; I guess I wasn 't either . That 's an interesting point though Jeff . Emmings: I think we 're talking about licenses . Farmakes : Well I was talking about some of the problems they 've had in Minnetonka in a group home there where people who are sexual offenders . Krauss : Oh , that was not actually a legal group home . That was a defacto one that was taken over by Reverend Ralph . I forget his full name but . . . Farmakes : But it was a group home? Krauss: It was not in compliance . The guy bought the home and he was , I don 't know if he was ordained but he was a minister of some sort and he started having services in his home for theoretically an outreach and he turned into a defacto group home . It didn 't meet the City 's criteria . I forget why but I know that the zoning administrator was after them to close the place down for a long period of time and it ultimately was . Farmakes : My only comment was , the intent I think in the Minnetonka ordinance is fine . I did have some questions in that regard and I also had _ a few questions in the issue of , I 'm assuming that this is for profit and not for profit in regards to these? Krauss: It could be either . tor Farmakes: Either . And the two instances I 've known in the southwest suburbs here where there 's been a problem like I just mentioned , neither one of those house residents were from the community . I refer back to the intent that you originally referred to in here and I 'm wondering how much of that if it is for profit , some of these homes primarily get their clients from out of the community . Krauss : The issue as to whether somebody 's remanded by a Judge or a court system probably needs to be addressed and frankly , part of the Minnetonka ordinance that I was less than comfortable with is the lack of assurances . I mean some of the stuff that Minnetonka did , there 's one for the teenagers that were remanded by a Judge was done fairly sensitively . They put City Planning Commissioners and City Council people on. their Board and all that but this is a program where the kids are not locked in and have the ability to run . The question came up , what happens if they take off? The answer was , well then they 're out of the program . Well , that wasn 't a good enough response and I felt less than comfortable with that . But those were conditions that could be placed upon the permit . I 'll try and get you more Planning Commission Meeting - March 4 , 1992 - Page 45 information on that . There 's another one too I think Jeff that you 're mentioning that is a large group home where they did have a problem where somebody , I think was raped from somebody and that was up on Hwy 12 . I forget the details beyond that . Farmakes: How about the one in Chaska? Krauss: The one I 'm thinking of is just on Hwy 12 just before you get intc Wayzata . But I 'll try and clarify that . You shouldn 't be buying something that you 're not , that opens up the door . But the ones in — Minnetonka that were the more tragic situations I think were the home for battered women . And it was a neighborhood dispute that was , I mean this ordinance was developed basically in response to the situations that arose from that . There was a group home for mentally retarded kids suffering — from a very exotic syndrome called Praderwilly Syndrome where they literally will eat themselves to death . And they need to be in a full residential situation with full time guidance and they bought an old — mansion over by Minnehaha Creek in Minnetonka Mills and it caused a big neighborhood uproar . Oddly enough though after they moved that program out of there , there were other groups homes that tried to get into there — because it was set up with dormintories and what not and they didn 't meet the criteria . Primarily because they were at the end of a residential cul-de-sac . It was just inappropriately placed and there wasn 't sufficient open space to justify that level of occupancy . And basically you had a — white elephant and they couldn 't occupy it again with a group residence . ] think converted it back to a single family home . We can get into that a little more . Batzli : Okay , but you 're comfortable with at least the direction? Farmakes : Yeah , I just wanted to bring up those points because when I reac through it , those really weren 't answered in there . DISCUSSION OF AMENDMENT REGARDING SALES OF SEXUALLY ORIENTED MATERIAL . — Krauss: First Amendment , Supreme Court , you can 't do it . There 's only two options for doing it . Roger 's told us this before and I guess it hasn 't _ changed substantially although I keep hearing of some new rulings that are coming down but chip away at the edges of it . You either can designate an area you want to give up on , the war zone concept or you can come up with standards that say things like it can 't be within 500 feet of a church or — 1 ,000 feet of a daycare center but then you have to overlay all those criteria on a map and if you don 't have a site that fits it , you 've just broken the law . I 'm not sure if there 's any good solution to this thing . — It 's a little frustrating because clearly , I forget which town it was but up north where they had one that located next to a daycare center , it destroyed the daycare center . Batzli : I know in the past this group has said that they really don 't want to look at this and I think the Council has directed that we look at it . Emmings: Well I think we said , I think the decision here is an important one . I think trying to looking at the secondary effects of these places I thin!- is real legitimate . Looking at what they 're doing or what they 're — r CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Planning Commission FROM: Paul Krauss, Planning Director DATE: April 7, 1992 SUBJ: Continued Discussion on Proposed Ordinance Amendment Dealing with Sexually-Oriented Businesses Last month, staff presented a memo from the City Attorney outlining possibilities for the regulation of adult entertainment establishments. The Planning Commission has been asked on several occasions by the Mayor and City Council to deal with this issue. Recently, the newspaper has had extensive reports on the impact adult entertainment establishments have had on a daycare center in the town of Ramsey. It was my understanding that the Planning Commission is being asked to address this issue to pre- empt such situations to the greatest extent possible. In the City Attorney's memo, he indicates that there are basically two approaches to regulating adult entertainment. The first is the "war zone" approach wherein the city establishes a district or neighborhood where all adult entertainment establishments are required to locate. The second approach is to establish a definition for adult businesses, require permits, and require that these be located a certain distance from sensitive land uses such as churches and daycare centers. Due largely to court interpretations of first amendment rights, it is not legally possible to completely preclude the location of these businesses in our community. We also note that since the last Planning Commission meeting where this was discussed, the City of Bloomington adopted an ordinance regulating adult entertainment. The City Attorney has drafted an amendment to Chapter 10 of the Chanhassen City Code dealing with licenses, permits, and miscellaneous business regulations to deal with sexually-oriented businesses. In the attorney's opinion, this adequately defines sexually- oriented businesses, and under Section 10-162 precludes their location within 500 feet of a church, public or private elementary or secondary schools, licensed daycare centers, or a public park adjacent to a residential district. Roger told me that this is the type of t4: PRINTED ON RECYCLED PAPER Planning Commission April 7, 1992 Page 2 • — ordinance that has been consistently upheld and is being adopted by other communities in the Twin Cities area. — Staff is comfortable with the approach being proposed by the City Attorney. We believe this ordinance responds to the requests of the City Council while being enforceable and — reasonably easy to administer. We would ask that the Planning Commission review the attached ordinance and provide some comments and direction. After your review, the - Public Safety Commission will also be asked to review this ordinance for comment. — Since this section of the code is not a part of the Zoning Ordinance, any public hearing that may be held would need to be held at the City Council level. RECOMMENDATION Staff recommends that the Planning Commission adopt the position recommending review and approval of this ordinance by the Chanhassen City Council. pc: Scott Harr, Public Safety Director L CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. Attorneys at Law Than„.. i cnmrh,II t6I'%4' L F. cc \ I.,,t!t..•!: Fix (012145 2- Thi gtt \1 Sou �i.ii\ tt �!lih • blot.',R.\\..il.[ n L Elliott F Knct•.h \ ch.lel A Br, h.t,k March 19, 1992 Rena.: int r 7 . Mr. Paul Krauss Chanhassen City Hall 690 Coulter Drive, Box 147 Chanhassen, Minnesota 55317 RE: Sexually Oriented Businesses Dear Paul : Enclosed is a draft of the ordinance you requested which amends Chapter 10 of the City Code by adding an article concerning sexually oriented business. V- truly yours, C. 'BELL, KNUTSON, SCOTT • FUC ' BY: Roger N. Knutson RNK: srn — Enclosure RECEIVED MAR 2 0 1992 CITY OF CHANHASSEN Suite 317 • Eagandale Office Center • 1380 Corporate Center Curve • Eagan, MN 55121 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 10; DEFINING AND LICENSING SEXUALLY ORIENTED BUSINESSES; PROVIDING FOR DISTANCING REQUIREMENTS; RESTRICTIONS OF SUCH BUSINESSES FROM SCHOOLS AND OTHER USES; AND PENALTIES FOR VIOLATIONS THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS : Section 1. Chapter 10 of the Chanhassen City Code is hereby - amended by adding Article V to read: ARTICLE V. SEXUALLY ORIENTED BUSINESSES Sec. 10-150. Purpose and intent Sec. 10-151 . Definitions Sec. 10-152 . Classification Sec. 10-153 . License required Sec. 10-154 . Issuance of license Sec. 10-155 . Fees Sec. 10-156. Inspection Sec. 10-157 Expiration of license Sec. 10-158 . Suspension Sec. 10-159 . Revocation. Sec. 10-160. Appeal Sec. 10-161. Transfer of license Sec. 10-162 . Location of sexually oriented businesses Sec. 10-163 . Exemption from location restrictions Sec. 10-164 . Additional regulations for escort agencies Sec. 10-165 . Additional regulations for nude model studios Sec. 10-166 . Additional regulations for adult theaters and adult motion picture theaters Sec. 10-167 . Additional regulations for adult motels Sec. 10-168 . Regulations pertaining to exhibition of sexually explicit films or videos Sec. 10-169 . Enforcement Sec. 10-170 . Injunction Sec. 10-150 . PURPOSE AND INTENT. (a) It is the purpose of this Chapter to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the City, to guard against the inception and transmission of disease, and to establish reasonable and uniform regulations to prevent the concentration 03/19/92 of sexually oriented businesses within the City. The provisions of this Chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this Chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. (b) The City Council further finds that experience from other cities demonstrates that sexually oriented businesses conducted in private by members of the same or the opposite sex, and employing personnel with no specialized training, are susceptible to operation in a manner contravening, subverting or endano:ering the health, safety and welfare of members of the community by being the sites of acts of prostitution, illicit sex, and occasions of violent crimes, thus requiring close inspection, licensing, and regulation. (c) It is the intent of the City Council that the locational regulations of Section 10-162 of this Chapter are promulgated pursuant to Minnesota Statutes § 462 . 357 et . seq. , Chapter 20 of the City Code (the zoning ordinance) , and the City ' s Comprehensive Plan. Sec. 10-151. DEFINITIONS. The following words, terms, and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: ADULT ARCADE means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas . " ADULT BOOKSTORE or ADULT VIDEO STORE means a commercial establishment which as one of its principal business purposes offers for sale or rental for any form of consideration any one or more the following: ( 1) books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas" ; or - 2 - (2) instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities. " ADULT CABARET means a nightclub, bar, restaurant, or similar commercial establishment which regularly features: (1) persons who appear in a state of nudity; or (2) live performances which are characterized by the — exposure of "specified anatomical areas" or by "specified sexual activities" ; or (3) films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical - areas. " ADULT MOTEL means a hotel , motel or similar commercial establishment which: (1) offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" ; and has a sign visible from the public right of way which advertises the availability of this adult type of photographic reproductions; or (2) offers a sleeping room for rent for a period of time that is less than 10 hours; or — (3) allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than _ 10 hours. ADULT MOTION PICTURE THEATER means a commercial establish- ment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas. " ADULT THEATER means a theater, concert hall , auditorium, or _ similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities. " CHURCH means church, synagogue, temple, mosque, or other place of worship. - 3 - CITY MANAGER means the city manager of the City of Chanhassen. ESCORT means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person. ESCORT AGENCY means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip, or other consideration. ESTABLISHMENT means and includes any of the following: (1) the opening or commencement of any sexually oriented business as a new business ; (2) the conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business; (3) the addition of any sexually oriented business to any other existing sexually oriented business; or (4) the relocation of any sexually oriented business . LICENSEE means a person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license. NUDE MODEL STUDIO means any place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. NUDITY or a STATE OF NUDITY means: (1) the appearance of a human bare buttock, anus , male genitals, female genitals, or female breast; or (2) a state of dress which fails to opaguely cover a human buttock, anus, male genitals, female genitals, or areola of the female breast. PERSON means an individual, proprietorship, partnership, corporation, association, or other legal entity. SEMI-NUDE means a state of dress in which clothing covers no more than the genitals, pubic region, and areolae of the female breast, as well as portions of the body covered by supporting straps or devices. - 4 - SEXUAL ENCOUNTER CENTER means a business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration: (1) physical contact in the form of wrestling or tumbling between persons of the opposite sex; or (2 ) activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude. SEXUALLY ORIENTED BUSINESS means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel , adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center. SPECIFIED ANATOMICAL AREAS means human genitals in a state of sexual arousal . SPECIFIED SEXUAL ACTIVITIES means and includes any of the following: (1) the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; (2) sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; (3) masturbation, actual or simulated; or (4) excretory functions as part of or in connection with any of the activities set forth in (1) through (3) above. SUBSTANTIAL ENLARGEMENT of a sexually oriented business means the increase in floor area occupied by the business by more than 25 percent (25%) , as the floor area existed on March 31, 1992 . TRANSFER OF OWNERSHIP OR CONTROL of a sexually oriented business means and includes any of the following: (1) the sale, lease, or sublease of the business ; (2) the transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or (3) the establishment of a trust, gift, or other similar _ legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control . - 5 - Sec. 10-152 . CLASSIFICATION. Sexually oriented businesses are classified as follows: (a) adult arcades ; (b) adult bookstores or adult video stores; (c) adult cabarets: (d) adult motels ; (e) adult motion picture theaters; (f) adult theaters ; (g) escort agencies ; (h) nude model studios; and (i) sexual encounter centers. Sec. 10 . 153 . LICENSE REQUIRED. (a) A sexually oriented business may not be operated without a valid license, issued by the City for the particular type of business. (b) An application for a license must be made on a form provided by the City Clerk. The application must be accompanied by a sketch or diagram showing the configuration of the premises, _ including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with market dimensions of the interior of the premises to an accuracy of plus or minus six inches. Applicants who must comply with Section 10-168 of this Chapter shall submit a diagram meeting the requirements of that Section. (c) The applicant must be qualified according to the provisions of this Chapter and the premises must be inspected and found to be in compliance with the law by the fire department and building official . (d) If a person who wishes to operate a sexually oriented business is an individual , the individual must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an = individual, each individual who has a 10 percent or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under Section 10-154 and each applicant shall be considered a licensee if a license is granted. - 6 - Sec. 10-154 . ISSUANCE OF LICENSE. (a) The City Manager shall approve the issuance of a license by the City clerk to an applicant within 30 days after receipt of an application unless the Manager finds one or more of the following to be true: (1) An applicant is under 18 years of age. (2) An applicant is delinquent in his payment to the City of taxes, fees, fines, or penalties assessed against him or imposed upon him in relation to a sexually oriented business. (3) An applicant has failed to provide information reasonably necessary for issuance of the license _ or has falsely answered a question or request for information on the application form. (4) An applicant has been convicted of a violation of a provision of this Chapter within two years immediately preceding the application. The fact that a conviction is being appealed shall have no _ effect. (5) An applicant is residing with a person who has been denied a license by the City to operate a sexually oriented business within the preceding 12 months, or residing with a person whose license to operate a sexually oriented business has been revoked within the preceding 12 months. (6) The premises to be used for the sexually oriented _ business have not been approved by the fire department and the building official as being in compliance with applicable laws and ordinances . (7) The license fee required by this Chapter has not been paid. (8) An applicant has been employed in a sexually oriented business in a managerial capacity within the preceding 12 months and has demonstrated that he is unable to operate or manage a sexually oriented business premises in a peaceful and law- abiding manner, thus necessitating action by law enforcement officers. - (9) An applicant or the proposed establishment is in violation of or is not in compliance with Sections _ 10-151 (a) , 10-156, 10-161, 10-162 , 10-164 , 10-165, 10-166, 10-167 , 10-168 . - 7 - _ (10) An applicant or an applicant ' s spouse has been convicted of a crime: a. involving any of the following offenses: 1 . prostitution as described in Minn. Stat. § 609 . 321 ; 2 . solicitation, inducement of promotion of prostitution as described in Minn. Stat. § 609 . 322 ; 3 . receiving profit derived from prosti- tution as described in Minn. Stat. § 609 . 323 ; 4 . other prohibited acts relating to prostitution as described in Minn. Stat. § 609 . 324 ; 5 . obscenity as described in Minn. Stat. § 617 . 241 ; 6. sale, dissemination, distribution, display or exhibition of harmful material to minors as described in Minn. Stat. §§ 617 . 293 and 617 . 294 ; 7 . sexual performance by a child as described in Minn. Stat. § 617 . 246 ; 8 . dissemination or possession of child pornography as described in Minn. Stat. § 617 . 247 ; 9 . indecent exposure as described in Minn. Stat. § 617 . 23 ; _ 10. criminal sexual conduct as described in Minn. Stat. §§ 609 . 342 , 609 . 343 , 609 . 344 , and 609 . 345 ; 11 . incest, as described in Minn. Stat. § 609 . 365; or 12 . criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses; b. for which: (i) less than two years have elapsed since the date of conviction or the date of release from confinement imposed for - 8 - the conviction, whichever is the later date, if the conviction is of a misdemeanor offense; (ii) less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or (iii) less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period. (b) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or applicant ' s spouse . (c) An applicant who has been convicted or whose spouse has been convicted of an offense listed in Section 10-154 (a) (10) (a) may qualify for a sexually oriented business license only when the time period required by Section 10-154 (a) (10) (b) has elapsed. (d) The license, if granted, shall state the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually oriented business. The license shall be posted in a conspicuous place at or near the entrance to the _ sexually oriented business so that it may be easily read at any time. Sec. 10-155. LICENSE FEES; LICENSE INVESTIGATION FEES. The annual fee for a sexually oriented business license is $500 . The investigation fee for the purpose of issuing a license is $500 . In the event that the license is denied upon application, the license fee shall be refunded; however, no part of the license investigation fee shall be returned to the applicant. No part of the annual license fee shall be refunded if the license is suspended or revoked. Sec. 10-156. INSPECTION. (a) An applicant or licensee shall permit representatives of the police department, fire department, and building inspection division to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law, at any time it is occupied or open for business. - 9 - (b) A person who operates a sexually oriented business or their agent or employee commits an offense if the person refuses to permit a lawful inspection of the premises by a representative of the police department at any time it is occupied or open for business. (c) The provisions of this section do not apply to areas of an adult motel which are currently being rented by a customer for use as a permanent or temporary habitation. Sec. 10-157 . EXPIRATION OF LICENSE. (a) Each renewal license shall be issued for a maximum period of one (1) year. All lice: !es expire on June 30 of each year. Each license may be renewer; only by making application as provided in Section 10-153 . Application for renewal should be made at least 90 days before the expiration date, and when made less than 90 days before the expiration date, the expiration of the license will not be affected. If the Council determines good and sufficient cause is shown by the Applicant for failure to file a timely renewal application, the Council may, if other provisions of the Chapter are complied with, grant the application. (b) When the City Manager denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial . If, subsequent to denial, the City Manager finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date denial became final . Sec. 10-158. SUSPENSION. The City Manager may suspend a license for a period not to exceed thirty (30) days if the Manager determines that a licensee or an employee of a license has: (1) violated or is not in compliance with Section 10-156, 10-161, 10-162 , 10-164 , 10-165 , 10-166, 10-167 , 10-168 , or 10-169 of this Chapter; (2) engaged in excessive use of alcoholic beverages while on the sexually oriented business premises; (3) refused to allow an inspection of the sexually oriented business premises as authorized by this Chapter; (4) knowingly permitted unlawful gambling by any person on the sexually oriented business premises; - 10 - (5) demonstrated inability to operate or manage a sexually oriented business in a peaceful and law- abiding manner thus necessitating action by law enforcement officers. Sec. 10-159 . REVOCATION. (a) The City Manager may revoke a license if a cause of suspension in Section 10-158 occurs and the license has been suspended within the preceding 12 months. (b) The City Manager may revoke a license if the City Manager determines that: - (1) a licensee gave false or misleading information in the material submitted to the chief of police _ during the application process; (2) a licensee or an employee has knowingly allowed possession, use, or sale of controlled substances on the premises; (3) a licensee or an employee has knowingly allowed prostitution on the premises ; (4) a licensee or an employee knowingly operated the _ sexually oriented business during a period of time when the licensee ' s license was suspended; (5) a licensee has been convicted of an offense listed in Section 10-154 (a) (10) (a) for which the time period required in Section 10-164 (a) (10) (b) has not elapsed; (6) on two or more occasions within a 12-month period, a person or persons committed an offense occurring in or in the licensed premises of a crime listed - in Section 10-154 (a) (10) (a) , for which a conviction has been obtained, and the person or persons were employees of the sexually oriented - business at the time the offenses were committed; (7) a licensee or an employee has knowingly allowed _ any act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in or on the licensed premises. The term "sexual contact" shall have the meaning as it is - defined in Minn. Stat. § 609 . 341, Subd. 11 (b) ; or (8) a licensee is delinquent in payment to the City for ad valorem taxes, local lodging tax, or other taxes or fees related to the sexually oriented business. - 11 - - (c) The fact that a conviction is being appealed shall have no effect on the revocation of the license. (d) Subsection 10-159 (b) (7) does not apply to adult motels as a ground for revoking the license unless the licensee or employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in a public place or within public view. (e) When the City Manager revokes a license, the revocation shall continue for one year and the licensee shall not be issued a sexually oriented business license for one year from the date revocation became effective. If, subsequent to revocation, the City Manager finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the revocation became effective. If the license was granted under Subsection 10-159 (b) (7) , an applicant may not be granted another license until the appropriate number of years required under Section 10-154 (a) ( 10) (a) have elapsed. Sec. 10-160 . APPEAL. (a) If the City Manager denies the issuance of a license, or suspends, or revokes a license, the Manager shall send to the applicant, or licensee, by certified mail , return receipt requested, written notice of the action, and the right to an appeal . The aggrieved party may appeal the decision of the City — Manager within 10 days of receiving notice of the City ' s action. The filing of an appeal stays the action of the City Manager in suspending or revoking a license until the City Council makes a final decision. (b) PROCEDURE: The City Council may appoint a committee of the Council or an independent hearing officer to hear the matter, — report findings of fact and a recommendation for disposition to the Council . Hearings on the appeal shall be open to the public and the licensee or applicant shall have the right to appear and be represented by legal counsel and to offer evidence in its behalf. At the conclusion of the hearing, the City Council shall make a final decision. (c) ADDITIONAL REQUIREMENTS: The City Council may base denial , suspension, revocation, or non-renewal of a license upon any additional terms, conditions, and stipulations which they may, in their sole discretion, impose. Sec. 10-161. TRANSFER OF LICENSE. A licensee shall not transfer his license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application. - 12 - Sec. 10-162 . LOCATION OF SEXUALLY ORIENTED BUSINESSES. (a) A person commits an offense if he or she operates or causes to be operated a sexually oriented business within 500 feet of: (1) a church; (2) a public or private elementary or secondary school ; (3) a licensed day care center; or (4) a public park adjacent to a residential district . (b) A person commits an offense if he or she causes, caused or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within 500 feet of another sexually oriented business. (c) A person commits an offense if he or she causes, caused or permits the operation, establishment, or maintenance of more than one sexually oriented business in the same building, structure or portion thereof, or the increase of floor area of any sexually oriented business in any building, structure, or portion thereof containing another sexually oriented business. (d) For the purposes of Subsection (a) , measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church or public or private elementary or secondary school , or to the nearest boundary of an affected public park, residential district, or residential lot. (e) For purposes of Subsection (b) of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located. (f) Any sexually oriented business lawfully operating on March 31, 1992 , that is in violation of Subsections (a) , (b) , or (c) of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 500 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later-established business (es) is nonconforming. - 13 - (g) A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a church, public or private elementary or secondary school, licensed day care center, or public park within 500 feet of the sexually oriented business. This provision applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or has been revoked. Sec. 10-163 . EXEMPTION FROM LOCATION RESTRICTIONS. (a) If the City Manager denies the issuance of a license to an applicant because the location of the sexually oriented = business establishment is in violation of Section 10-162 of this Chapter, then the applicant may, not later than 10 calendar days after receiving notice of the denial, file with the City Clerk a written request for an exemption from the location restrictions of Section 10-162 . (b) If the written request is filed with the City Clerk within the 10-day limit, the City Council shall consider the request. The City Clerk shall set a date for the hearing within 60 days from the date the written request is received. (c) The City Council shall hear and consider evidence offered by any interested person. The formal rules of evidence do not apply. (d) The City Council may, in its discretion, grant an exemption from the locational restrictions of Section 10-162 if it makes the following findings: (1) that the location of the proposed sexually oriented business will not have a detrimental effect on nearby properties or be contrary to the public safety or welfare; (2) that the granting of the exemption will not violate the spirit and intent of this Chapter of the City Code; (3) that the location of the proposed sexually oriented business will not downgrade the property values or quality of life in the adjacent areas or encourage the development of urban blight ; (4) that the location of an additional sexually oriented business in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any efforts of urban renewal or restoration; and - 14 - (5) that all other applicable provisions of this Chapter will be observed. (e) The City Council shall grant or deny the exemption by a majority vote. Failure to reach a majority vote shall result in denial of the exemption. Disputes of fact shall be decided on the basis of a preponderance of the evidence. The decision of the City Council is final . (f) If the City Council grants the exemption, the exemption - is valid for one year from the date of the Council ' s action. Upon the expiration of an exemption, the sexually oriented business is in violation of the locational restrictions of - Section 10-162 until the applicant applies for and receives another exemption. (g) If the City Council denies the exemption, the applicant may not re-apply for an exemption until at least 12 months have elapsed since the date of the Council ' s action. (h) The grant of an exemption does not exempt the applicant from any other provisions of this Chapter other than the locational restrictions of Section 10-162 . Sec. 10-164 . ADDITIONAL REGULATIONS FOR ESCORT AGENCIES. (a) An escort agency shall not employ any person under the age of 18 years. (b) A person commits an offense if he acts as an escort or - agrees to act as an escort for any person under the age of 18 years. Sec. 10-165 . ADDITIONAL REGULATIONS FOR NUDE MODEL STUDIOS. (a) A nude model studio shall not employ any person under the age of 18 years. (b) A person commits an offense if he or she appears in a state of nudity or knowingly allows another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right of way. (c) A nude model studio shall not place or permit a bed, sofa, or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public. Sec. 10-166. ADDITIONAL REGULATIONS FOR ADULT THEATERS AND ADULT MOTION PICTURE THEATERS. (a) A person commits an offense if he or she knowingly allows a person under the age of 18 years to appear in a state of nudity in or on the premises of an adult theater or adult motion picture theater. - - 15 - _ (b) It is a defense to prosecution under Subsection (a) of this section if the person under 18 years was in a restroom not open to public view or persons of the opposite sex. Sec. 10-167 . ADDITIONAL REGULATIONS FOR ADULT MOTELS. (a) Evidence that a sleeping room in a hotel , motel , or similar commercial establishment has been rented and vacated two or more times in a period of time that is less than 10 hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this Chapter. (b) A person commits an offense if, as the person in control of a sleeping room in a hotel , motel, or similar commercial establishment that does not have a sexually oriented business license, he rents or subrents a sleeping room to a person and, within 10 hours from the time the room is rented, he rents or subrents the same sleeping room again. (c) For purposes of Subsection (B) of this section, the terms "rent" or "subrent" mean the act of permitting a room to be occupied for any form of consideration. Sec. 10-168. REGULATIONS PERTAINING TO EXHIBITION OF SEXUALLY EXPLICIT FILMS OR VIDEOS. (a) A person who operates or causes to be operated a sexually oriented business, other than an adult motel , which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette, or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements: (1) Upon application for a sexually oriented business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager' s stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager' s station may not exceed 32 square feet of floor area. The diagram shall also designate the place at which the permit will be conspic- uously posted, of granted. A professionally prepared diagram in the nature of an engineer' s or architect' s blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus - 16 - six inches. The City Manager may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared. (2) The application shall be sworn to be true and correct by the applicant. (3) No alteration in the configuration or location of a manager' s station may be made without the prior approval of the City Manager or his/her designee. — (4) It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated in each manager' s station at all times that any patron is present inside the premises. (5) The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager ' s station of every area of the premises to which any patron is permitted access for any purpose excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager ' s stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager' s stations. The view required in this subsection must be by direct line of sight from the manager' s station. (6) It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises to ensure that the view area specified in Subsection (5) remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times that any patron is present in the premises and to _ ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to Subsection (1) of this section. (7) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are - 17 - permitted access at an illumination of not less than one (1. 0) footcandle as measured at the floor level . (8) It shall be the duty of the owners and operator and it shall also be the duty of any agents and employees present in the premises to ensure that the illumination described above, is maintained at all times that any patron is present in the premises. (b) A person having a duty under Subsections (1) through (8) of Subsection (a) above commits an offense if the person knowingly fails to fulfill that duty. Sec. 10-169 . ENFORCEMENT. (a) Any person violating a provision of this Chapter, upon conviction, is punishable by a fine not to exceed $700 . 00 and ninety (90) days in jail . (b) It is a defense to prosecution under Section 10-153 (a) , 10-161, or 10-165 (d) that a person appearing in a state of nudity did so in a modeling class operated: (1) by a proprietary school licensed by the State of Minnesota; a college, junior college, or university supported entirely or partly by taxation; (2) by a private college or university which maintains and operates educational programs in which credits are transferrable to a college, junior college, or university supported entirely or partly by taxation; or (3) in a structure: a. which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and b. where in order to participate in a class a student must enroll at least three days in advance of the class ; and c. where no more than one nude model is on the premises at any one time. (e) It is a defense to prosecution under Section 10-153 (a) or 10-162 that each item of descriptive, printed, film, or video material offered for sale or rental , taken as a whole, contains serious literary, artistic, political , or scientific value. - 18 - Sec. 10-170 . INJUNCTION. A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of Section 10-162 of this Chapter is subject to a suit for injunction as well as prosecution for criminal violations . Section 2 . Effective Date. This Ordinance shall be effective immediately upon its passage and publication according to law. PASSED AND ADOPTED by the Chanhassen City Council this day of , 1992 . ATTEST: Don Ashworth, Clerk/Manager Donald J. Chmiel , Mayor (Published in the Chanhassen Villager on , 1992 . ) - 19 - CAMPBELL, KNUTSON, SCOTT & FUCHS, PA. Attorneys at Law ('ampbell (612)452-5OC ' Rot:Lr N knuNom Fax(61.2)452-555 Thk ina•\1.Scott Gar G. Fu:h, Jame-R.\\`al.t,,n February 24 , 1992 ERR tt R. kneNch Michael A.Rn,bacl. Renae h.Steiner RECEIVED Mr. Paul Krauss Chanhassen City Hall FEB % 1992 690 Coulter Drive, Box 147 CITr `;r u? Chanhassen, Minnesota 55317 Re: Regulation of Adult Entertainment Dear Paul : Municipalities, through their police power, have attempted to use various zoning ordinance provisions in an attempt to control the location of sexually orientated businesses. Municipality must show a rationale government interest in order to exercise its police power authority. Municipalities frequently employ two types of zoning ordinances that attempt to regulate sexually oriented businesses : 1 . Ordinances that disburse such businesses throughout the community, usually by limiting their proximity to one another, or to churches, schools and residential areas ; and 2 . Ordinances that concentrate such establishments in a particular area, thus creating "adult entertainment districts" , commonly known as "war zones" . The courts do not prefer one method of zoning sexually oriented businesses over another. In Young v. American Mini Theatres , 427 U. S . 50 , 71 (1976) the Supreme Court said "It is not our function to appraise the wisdom of its decision to require — adult entertainment theatres to be separated rather than concentrated in the same areas . In either event, the City' s interest in attempting to preserve the quality of urban life is one that must be accorded high respect. Moreover, the City must be allowed to a reasonable opportunity to experiment with solutions to admittedly serious problems . First, it is necessary to distinguish between "obscenity" and "adult entertainment" . Obscene material is not protected by the first amendment and may be totally banned. The Supreme Court provided the following test for deciding what types of materials may be banned as obscene: Suite 317 • Eaganclale Office Center • 1380 Corporate Center Curve • Eagan, MN 55121 Mr. Paul Krauss February 24 , 1992 Page 2 1. Whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the apparent interest; 2 . Whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and 3 . Whether the work, taken as a whole, lacks serious literary artistic political or scientific value. Miller v. California, 413 U.S. 15 (1973) . Many of the materials that fall within the adult entertainment genre do not rise to the level of obscenity as defined by the Supreme Court. Therefore, non-obscene adult entertainment materials are protected by the first amendment. Adult entertainment establishments are generally defined as businesses which depict, describe or offer for sale instruments designed for use in connection with "specified sexual activities" or "specified anatomical areas" . "Specified sexual activities" include fondling or other erotic touching of human genitals, pubic region, buttocks , anus, or female breasts; sex acts; masturbation or excretory functions. "Specified anatomical areas" include human genitals in a state of sexual arousal . Only businesses that have as "one of its principal business purposes" the sale, description or depiction of specified sexual activities or specified anatomical areas are included in the definition of sexually oriented businesses. The Supreme Court has developed two approaches to the resolution of first amendment disputes. Under the first approach, the court determines whether the governmental regulation is aimed at the communicative impact of the speech or expression. This approach is commonly referred to as "content-based" because the government is restricting the speech on the basis of its content or because of ideas contained in the speech. It is unlikely that a governmental unit could meet the standards of this test, and an ordinance which regulates speech based on content is routinely invalidated by the courts. For example, if the City attempts to regulate sexually oriented businesses because the City feels the sexually oriented businesses offer immoral materials, the court will strike down the ordinance. Under the second approach, the court determines whether the governmental regulation is focused on the non-communicative impact of the right being protected but which nevertheless has adverse effects on communicative opportunity. The government ' s actions are said to be "content neutral" in that only the time, place or manner Mr. Paul Krauss February 24 , 1992 Page 3 of the speech is being regulated. A municipality is entitled to greater latitude when it is attempting to regulate speech in a content-neutral manner. This test is used when the court determines that the ordinance is aimed not at the content of the adult entertainment materials but rather at the secondary effects of such materials on the surrounding community. The secondary effects that municipalities attempt to regulate are increased crime, prostitution, the decrease in value of real property, and to protect and preserve the quality of the City ' s neighborhoods . The court has developed the following test for determining the validity of a time, place or manner ordinance: 1 . The regulation must be narrowly tailored to serve a significant governmental interest; and 2 . It must leave open alternative channels for communication of the information. The leading cases in this area are Young v. American Mini Theatres 427 U. S . 50 (1976) and Renton v. Playtime Theatres, Inc. , 106 S . Ct . 925 (1986) . In Young, the Detroit City Council passed ordinances which attempted to disburse the location of sexual oriented theatres, book stores, and cabarets by prohibiting their operation within 1000 feet of any two other regulated adult uses or within 500 feet of a residential area. The ordinances also required operating licenses. The Detroit City Council decided that if its sexually oriented businesses were allowed to be concentrated in certain areas, there would be a detrimental effect on the surrounding neighborhoods . The court found the ordinance to be a valid, content-neutral, time, place and manner restriction, since the purpose of the law was to "preserve the quality of urban life" -- by avoiding secondary effects on the community, such as increased crime rates, and not to actually censor the speech itself. The court stated that the purpose of avoiding the secondary effects associated with sexually oriented businesses is substantial enough to justify the lower degree of first amendment protection. The Young court further determined that an ordinance which controlled the secondary effects of sexually oriented businesses through location restrictions would be constitutional if the statute did not directly limit the number of uses, or greatly restrict access to such uses. In City of Renton v. Playtime Theatres, the City Council of _ Renton enacted a zoning provision that was concerned with adult entertainment. The ordinance had the effect of clustering adult entertainment operations by prohibiting any adult motion picture theatre from locating within 1000 feet of any residential zone or single or multiple family dwelling, any park or any area zoned for such use, or within one mile of any public or private school, thus Mr. Paul Krauss February 24 , 1992 - Page 4 creating a "war zone" . The Supreme Court in Renton held that because the ordinance did not totally ban adult theatres, but merely provided that such theatres may not be located within 1000 feet of any residential zone, single or multiple family dwelling, church, park or school , the ordinance is properly analyzed as a time, place or manner regulation. The Court found that the City of Renton passed the ordinance in order to prevent crime, protect the City ' s retail trade, maintain property values and generally "protect and preserve the quality of the City' s neighborhoods, commercial districts, and the quality of urban life" and not to suppress the expression of unpopular views. Id. at 929 . The court went on to find that Renton was entitled to rely on the experiences of Seattle and other cities in determining whether the adult entertainment establishments had detrimental secondary effects. The court held "the first amendment does not require a - City, before enacting such an ordinance, to conduct new studies or produce evidence independent of that already generated by other cities, so long as what ever evidence the City relies upon is reasonably believed to be relevant to the problem that the City addresses" . Id. at 931. The court found that the Renton ordinance was narrowly tailored to affect only that category of theatres shown to produce the unwanted secondary effects. The ordinance also meet the third part of the test which requires that a reasonable alternative avenue of communication be available. The court found that there were over 520 acres of land within the city limits zoned to accept adult entertainment establishments. The court rejected respondents arguments that the land was too expensive to make relocation economically feasible. The court held that "respondents must fend for themselves in the real estate market, on an equal footing with other prospective purchasers and lessees. . .We have never suggested that the first amendment compels the government to ensure that adult theatres, or any other kinds of speech-related businesses for that matter, will be able to obtain sites at bargain prices. Id at 932 . However, in Alexander v. the City of Minneapolis, 698 F. 2d 936 (1983) , the Eighth Circuit Court of Appeals held that the Minneapolis dispersion zoning ordinance violated the first and fourteenth amendments. The court found that the ordinance, which provided that an adult theatre could not be located within 1000 feet of any two other regulated uses or within 500 feet of a residential area, effectively limited the number of adult entertainment establishments to twelve possible legal sites for relocation. The court found that the Minneapolis ordinance not only regulated new adult facilities but also affected those in existence at the time it was enacted. Thirty-three adult entertainment establishments were currently in existence. The Mr. Paul Krauss February 24 , 1992 Page 5 court found that the ordinance would "greatly suppress access to adult theatres and book stores, thereby violating the requirement under the content-neutral test that requires that the ordinance does not unreasonably limit alternative avenues of communication" . Id. at 939. In summary, a city may zone sexually oriented businesses by either dispersing or concentrating the establishments. If the city is attempting to regulate the content of the establishments, the Courts will apply a very difficult test to determine the validity of the ordinance. Municipalities rarely are able to meet the requirements of this test. However, if the city is attempting to regulate the "secondary effects" of sexually oriented businesses, which include the detrimental impact of these types of businesses on the quality, value and safety of neighborhoods, retail areas and the overall quality of urban life, the courts will apply a less difficult test. Under this test, the city must show a substantial governmental interest, an ordinance which is narrowly tailored to meet that interest, and a reasonable opportunity for sexually oriented businesses to locate or relocate somewhere in the city. The above mentioned interests are all considered to be substantial governmental interests; an ordinance is narrowly tailored if it only zones those businesses that cause the "secondary effects" ; and a reasonable opportunity to locate is afforded to sexually oriented businesses if there are a sufficient number of places within the city that a sexually oriented business may locate. As a word of caution, if Chanhassen attempted to zone sexually oriented businesses, it would be necessary to establish a record showing that the city relied on reports showing the secondary effects of sexually oriented businesses, and showing that the reason for zoning sexually oriented businesses was to regulate the secondary effects of sexually oriented businesses and not to content of sexually oriented businesses. Very truly yours, CAMPBELL, KNUTSON, SCOTT & FUCHS B . Roger N. Knutson' RNK:bmp CITYOF CHANHASSEN 04::41114 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Planning Commission FROM: Paul Krauss, Planning Director DATE: April 7, 1992 SUBJ: Discussion of Draft Highway Corridor Overlay District As the Planning Commission is aware, city initiatives concerning the Highway 5 Corridor are moving forward. To date, we have collaborated with the University of Minnesota staff on this program, which has resulted in the development of a great deal of support for corridor initiatives by the City Council, Planning Commission, and Housing and Redevelopment Authority. It is culminated in the publication of the Building Community Across the Corridor newsletter which was distributed to you last month. Secondly, we are moving forward on discussions with MnDOT with the goal of developing modifications to highway improvement plans, creation of public spaces, and construction of parallel collector roads in a manner consistent with that which is outlined in the newsletter and in the Comprehensive Plan. Finally, we are tentatively working with a project team _ comprised of Barton-Aschman and Associates and Camiros, Inc., to prepare a proposal to undertake a formal, comprehensive corridor planning project for the city. One of the major problems we face in adequately planning for the Highway 5 Corridor is that is has become somewhat of a moving target. The speed at which development is being proposed and the highway is being designed is accelerating significantly due to outside events. These include the introduction of significant additional funds for highway transportation projects; MnDOT's goal, consistent with the Southwest Transportation Coalition (of which Chanhassen is a member) of accelerating highway construction; consideration of new development proposals along the corridor, and the fact that the school district's planning project designed to anticipate future growth needs is currently coming to a conclusion. Unfortunately, what we don't have now is time. We have been working towards the undertaking of a corridor planning effort since last summer. Although we are moving forward as rapidly as possible at this point, even if the Council gives us the go ahead on this project next month, we will need at least the balance of the year to complete it. The possibility of a moratorium has been discussed by the City Council and was not generally supported by either staff or Council members. Although n t sit PRINTED ON RECYCLED PAPER Planning Commission April 7, 1992 Page 2 • — we could probably enact a moratorium from a legal standpoint, recent court actions on a — moratorium imposed by the City of Woodbury point out some significant questions regarding this. Woodbury was sued by a landowner based upon a takings concern that they believed was a result of a city moratorium on the highway corridor planning project. The court found in the developer's favor. It is against this background that I have worked up a draft of a highway corridor overlay — district. The purpose of the district is essentially to get our foot in the door and give us additional leverage in dealing with projects that may occur between now and the completion of the formal corridor planning program. The overlay district itself is long — on purpose and intent, and intentionally short on specific standards for the simple fact that these standards have yet to be developed. What is does attempt to do is outline and legitimize what we know to date as well as provide a means for adopting additional — studies by reference in the future. I ask you to review this proposal and give me your feedback as to whether we should proceed further with it. I have had the City Attorney review a copy of the overlay district. His comments are attached in a memo for your review. Essentially, Roger believes that with some minor — changes, this can be legally defensible. One of the major problems that we are going to face with the corridor overlay district, — and indeed with Highway 5 planning in general, is that there has been little or no public review or input of any of the work completed to date. Our work with the University started out on a conceptual basis, and in fact, their plan is not a plan as such, but is — more of a concept document. When you look at some of the University proposals in detail, we find that there is much lacking, and while the concepts are good ones, their document cannot be relied on as the foundation of future corridor planning. — Additionally, the task force that was established to work with the University on this project was initially thought of as a task force whose purpose was to define the formal corridor study and not complete the study themselves. Consequently, no public hearings were held, nor was any significant attempt made to contact residents or property owners directly. A public information program will be one of the major thrusts of the formal Highway 5 Corridor project. However, I would anticipate the need to have an — educational process start concurrently with consideration of the Highway 5 Corridor overlay district should we proceed with this ordinance. HIGHWAY CORRIDOR OVERLAY DISTRICT Section 1. Purpose and Intent The City of Chanhassen has determined that the Highway 5 corridor and development along it is one of the major factors influencing the visual and environmental quality of the community. Due to the intensity of land uses that currently exist or are expected to be developed in the future along the corridor, it is also the heart of our community. It is destined to contain the central business district, other significant retail nodes, major employment concentrations of regional importance, residential land use and major public institutions and recreational facilities. It also contains significant natural resources worthy of preservation including wetlands, major stands of trees and creek corridors. Recognizing the importance of the Highway 5 corridor, the city has undertaken a series of studies and plans that as designed will culminate in a Highway 5 corridor plan. To implement these planning efforts, the city has established the Highway 5 Corridor Overlay District. The district is designed to promote orderly development of the corridor in a manner consistent with these planning efforts. As a result, development will be sensitive to supporting — concepts developed under the Highway 5 corridor planning efforts. The Highway 5 Corridor Overlay District is designed to promote the following: 1. Protection of creek corridors,wetlands and significant stands of mature trees through use of careful site design, establishing protective easements, sensitive alignment and design of roads and utilities, incorporation of natural features into public/private recreational amenities and by landscaping/reforestation efforts designed to enhances existing natural features. 2. Promote the use of high quality architectural• and site design consistent with maintaining improved development standards within the corridor. Through the use of careful site planning, appropriate placement of building massing and similar techniques, development along the corridor shall be designed to avoid the visual and environmental impacts of urban corridor development found elsewhere in the Twin Cities. Techniques to be utilized should include, but not be limited to, the following: • orientation of structures towards detached frontage roads rather than Highway 5. Highway 5 exposure should, however, have architectural prominence. For example, office components of industrial buildings should be oriented towards the highway. Similarly,less attractive site aspects such as loading areas should be concealed from the highway. • orientation of structures to locate large building masses away from Highway 5 to allow for maintenance of green and open space. Portions of the building oriented towards the highway should be of consistently high quality containing, for example, office components of multi-use structures. • location of primary parking facilities away from Highway 5 exposures gaining access to parallel frontage roads. • roofscapes should offer clear views from the highway, to be achieved through combination of compatible screening, relocation of equipment, and/or use of pitched roof systems. • incorporation of landscaping and reforestation designed to supplement and _ preserve existing natural features. 3. Establish a coordinated collector and arterial route road network designed to be _ environmentally sensitive and supportive of Highway 5 initiatives. Detached frontage roads should be designed as parkways leaving sufficient land mass between them and Highway 5 to allow for reasonable development potential consistent with the _ Comprehensive Plan. 4. Promote the implementation of the Comprehensive Plan and Corridor Planning Initiatives, including the Building Community Across the Corridor plan. 5. Promote the implementation of Chanhassen's Surface Water Protection Program. Section 2. Allowed Uses Specific uses allowed in the Highway 5 corridor shall be those which are consistent with the Comprehensive Plan and corridor planning initiatives. Section 3. District Location The Highway 5 corridor shall include all designated parcels illustrated on the official Chanhassen Zoning Map. Generally, corridor boundaries include parcels directly fronting in the vicinity of Highway 5 taking into account existing land use pattern and natural features. Section 4. Coordination with other Zoning Regulations 1. All parcels within the corridor presently zoned RR and A2 must be rezoned to PUD concurrently with the processing of a development proposal. All land in other _ categories may be developed using applicable district standards so long as the uses are consistent with the Comprehensive Plan and corridor planning initiatives. 2. All PUD plans and site plans shall be consistent with uses and guidelines established by the Comprehensive Plan and Highway 5 corridor planning initiatives. 2 3. The establishment of the Highway 5 Corridor Overlay District in and of itself has no bearing on the location of the MUSA line. MUSA line relocation requests will be considered by the city in a manner consistent with normal updating of the Comprehensive Plan and with applicable state law. 4. Subdivision review under Chapter 18, when necessary, shall be carried out simultaneously with the review of a PUD. The plans required under this chapter shall be submitted in a form which will satisfy the requirements of Chapter 18 for the preliminary and final plat. 5. Site plan review under Article II, Division 6 of this code shall be carried out for each non-single family or duplex principal structure, that is proposed. 6. PUD plans shall be coordinated with and in compliance with provisions of Article V, Flood Plain Overlay District; Article VI, Wetland Protection, and Article VII, Shoreland Overlay District. 7. PUD plans shall be prepared utilizing standards and procedures provided in Article VIII, Planned Unit Development District. 3 CAMPBELL , KNUTSON , SCOTT & FUCHS , P . R Apr 10 , 92 10 : 43 No . 002 P .02 CAMPBELL, KNUTSON, SCOTT & FUCCI IS, PA. Ai I 11 fli'}y at Law (G1 2)• - \V lt,,J. i N. 1\1:111•, F,i* (61?)457.555;1 111,411.1•.N1. S .lrt l;.Ir (;.1.u0r- J.�11�.• h. W01,l,,n l.n�• 1( 1'S. 1�,1,1.:11 April 9 , 1992 I::n.,l I).tilrint1 Mr. Paul Krauss Chanhassen City Hall 690 Coulter Drive, Box 147 Chanhassen, Minnesota 55317 RE: Highway _5 Corridor Overlay District Dear Paul : You asked me to comment on the draft Highway 5 Corridor Overlay District ordinance: 1. Overview. May central concern is the extensive use of adjectives, rather than nouns. The more specific the ordinance, the more enforceable it will be. If a proposal is rejected, we must be able to cite the specific ordinance provision that is not satisfied . The case study, "Building Community Across the Corridor" , is a good vision, but it must be reduced to standards to be enforceable. 2 . Overlay District. I suggest that, consistent with the overlay concept, there be an underlying zoning district with allowed uses. This gives us some protection from taking claims based upon the theory that the overlay district is so subjective in its approval process that there are no uses allows as of right. This also eliminates the problem of making most or all existing uses non- conforming. 3 . PUD. The notion of having to rezone property that is in the overly district to use it consistent with the requirements of the overlay zoning district is troublesome. Once it is rezoned PUD, would it be out of the overlay zoning district? The better approach may be to require a conditional use permit Very truly yours, CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. s L B err Rog N. Knu son RNK: srn ,, r .- -,.1_ \.1 _ r . ... -- i2C' ll . ( •.........( •... _ t_'.-........} *tit ctiin p CHANHASSEN a 0..L;f . CITY OF 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 March 12, 1992 Ms. Mary E. Anderson, Chair Metropolitan Council Mears Park Centre 230 East 5th Street St. Paul, MN 55101 Dear Ms. Anderson: As you are aware, the City of Chanhassen has established itself on the cutting edge of metro area communities responding to water quality issues. We are one of only two communities cited by your staff as being in compliance with the Metropolitan Council's recently published Water Quality Implementation Strategy Surface Water Management Non-point Source Pollution to the Minnesota River". As such, we are generally very supportive of the Metropolitan Council's goals and positions contained within this document. However, I wish to raise several concerns regarding the February 3rd draft. The first concern is related to the U. S. Environmental Protection Agency and MPCA's strategy of attaining compliance by 1996. The draft states that if the goal is not reached, the EPA and PCA may require a moratorium on land development within the Minnesota River basin, improvements to Blue Lake and Seneca Waste Treatment Plants, payment of fines by the Metropolitan Council and MWCC, or a combination of the three options. While I understand the position on this, I believe the way in which we are responding to it has a serious flaw. My primary concern is that the three punitive actions that are listed, and indeed the Metropolitan Council's response outlined in this draft, are limited to the seven county metro area. While I believe that metro area communities will be willing to do their fair share, we must keep ensuring ourselves and others that this is being done in an equitable manner. Information presented to the Technical Advisory Task Force for the Minnesota River on which I serve, appears to indicate that substantial pollutant loads are already contained within the river before it ever reaches the seven county area. Thus, I am deeply concerned that all the punitive actions affect what may actually be a contributing part of the larger problem. Failure to deal with the upstream contribution will not resolve the problem and does not seem particularly equitable. to PRINTED ON RECYCLED PAPER Ms. Mary E. Anderson March 12, 1992 Page 2 This issue of equity has been one of the primary points of discussion at Technical Advisory Task Force group meetings. I am aware of the MPCA's MRAP program that is designed to get compliance outside of the metro area, but frankly, remain somewhat skeptical of their ability to gain good compliance. On behalf of my community, I note that we are already expending a significant amount of resident paid fees under our Surface Water Utility program to deal with water quality issues. It would be unfortunate that even after having done so, we may be subject to further punitive action. The draft report correctly distributes the blame for non-point source pollution over both urban development and agricultural practices. However, when the report talks about urbanization and the ability to mitigate impacts through the use of design retention basins it states rather bleakly that it is impossible to mitigate the non-point source pollution impacts from urbanization. I am not sure that this bleak scenario is born out of by available data. Evidence that we have seen indicates that, through careful use of NURP ponds, a comprehensive system of upland retention, and through careful preservation and reintroduction of wetlands, many of these impacts can be eliminated. This in fact is the goal that the City of Chanhassen has established for itself with our water quality protection plan. At the very least, we would expect that the results of these improvements would be a development pattern that is much more sensitive to reducing non-point source pollution than our traditional urban patterns or what would be experienced in areas under intensive agricultural use utilizing current practices. My final two comments concern the proposed interim strategy provided at the end of the draft report. While we generally support all of the nine strategies that are mentioned, strategies #3 and #9 raise some concerns. Strategy #3 states that all local governments in the Minnesota River Basin must adopt the DNR Shoreland Regulations. The implication in this policy is that we are being asked to adopt these shoreland regulations verbatim as drafted by the DNR. It has been my experience in the past that DNR regulations designed to deal with situations across the entire state of Minnesota, are often somewhat ill conceived when applied in the metro area. Chanhassen is currently in the process of preparing a new set of shoreland regulations that may deviate from the DNR model in some respects. We fully expect to demonstrate to the DNR that these standards are reasonable and consistent with their goals, but the fact remains that they may well deviate from their model. I would ask that Policy #3 be redrafted to read, "Local governments in the Minnesota River Basin be required to adopt shoreland management practices that are consistent with the goals and guidelines of the DNR's statewide standards for management of shoreland areas", but direct adoption of the DNR standards verbatim not be required. My last comment is in reference to Policy #9, wherein the Metropolitan Council and AMM monitor the effectiveness of this program to see if sufficient progress is made by 1994. If sufficient progress is not made by 1994, it is stated that the Council and the AMM will jointly sponsor and support state legislation designed to meet the EPA/MPCA goal of 40% Ms. Mary E. Anderson March 12, 1992 Page 3 reduction by 1996. The implication here is that a more restrictive and probably punitive state law would result if progress is not made by this date. I think this needs further clarification as to what exactly constitutes progress, since it is improbable that water quality in the river will noticeably be improved in the next two years even if all ,metro area governments in the Minnesota River Basin adopt the practices outlined in your report. I would argue that if the communities in question make progress towards controlling non- - point source pollution and establish water quality protection programs in that time frame, that this would constitute sufficient progress towards meeting the goal. Also, again, this policy goes back to the equity issue since it seems to imply that the punitive actions outlined by the 1996 goal would fall on communities in the seven county area. There is no direct mention of statewide legislation that would get at the majority of non-point source contribution that is being put into the river upstream of the Twin Cities. In closing, I wish to reiterate Chanhassen's support for the overall goals and programs outlined in your draft report. We have every intention of continuing to pursue our water quality protection program and expect that many-other communities will do likewise over the next few years. The basic goal of this letter is simply to ensure that this problem continues to be dealt with in an equitable an effective manner. Thank you for this opportunity to respond. Sincerely, ' / tor/ onald J. C el Mayor \c2(4....cozpi Don Ashworth City Manag r Paul Krauss, AICP Planning Director DJC:DA:PK:v pc: SWMP Task Force Planning Commission City Council i CITY OF CHANHASSEN:04'941. 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 - 's March 24, 1992 Mr. Richard Warren, Director United Mailing, Inc. 1001 Park Road Chanhassen, MN 55317 Dear Mr. Warren: I am writing as a follow up to our meeting which took place on March 16, 1992, at the United Mailing, Inc. site. Our goal is to achieve acceptable screening by using landscaping materials along the most northerly boundary of the parking lot located south of Park Road. This parking lot is to be used for parking 36 tractor trailers during the time period of approximately December 1, to January 31 of each year. The following was agreed upon during our meeting: 1. Landscaping materials consistent with the landscaping plan dated February, 1992, with changes as noted below: 20 Spruce, Colorado (Blue Green) (Increased from 11 trees) 3 Maple, Amur Clump 3 Crab, Red Splendor 2 Ash, Summit 2. Tractor trailers shall be parked to the rear of the north parking lot, along the southern edge of the lot. Should the rear area be full, trailers may be parked along the west and center of the parking lot. 3. The easterly parking lot located along County Road 17 shall be used for employee parking only. The only exception will be trailers parked at the docks. es- t a PRINTED ON RECYCLED PAPER Mr. Richard Warren March 24, 1992 Page 2 • The landscaping materials are to be installed during the time period between September 1-15, 1992. No parking of tractor trailers shall take place until the landscaping has been completed. If you have any questions, please feel free to contact me. Sincerely, - Sharmin Al-Jaff Planner I c: Paul Krauss, Planning Director CITYOF 041CHANBASSE. N 690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 'A March 2, 1992 Mr. Lindberg S. Ekola City Planner City of Shakopee 129 East First Avenue Shakopee, MN 55379-1376 Dear Lindberg: This letter is being drafted in response to a major comprehensive. plan amendment for MUSA line expansion to accommodate St. Francis Regional Center. I have had an opportunity to review the City of Shakopee's Comprehensive Plan Amendment. On behalf of the City of Chanhassen, I wanted to submit my preliminary comments to you. These are being forwarded to my Planning Commission and City Council and may be altered to reflect their input. After reviewing the documents, I see no problem with this request as long as the Metropolitan Council finds that the amendment is consistent with their polocies. If it appears that this goal will not adversely impacted by this request, we would support its approval by the appropriate agencies. I see no problem with this MUSA line expansion. The ultimate goal appears to be one of improving access to medical facilities in the southwestern suburban area which we believe will be a net benefit for everyone concerned. Sincerely, Paul Krauss, AICP s F Planning Director PK7. pc: City Council Planning Commission t 01 PRINTED ON RECYCLED PAPER CITY F • CHANHASSEN0 i 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 - -, March 2, 1992 Mr. Lindberg S. Ekola City Planner City of Shakopee 129 East First Avenue Shakopee, MN 55379-1376 Dear Lindberg: I have had an opportunity to review the City of Shakopee's Comprehensive Plan Amendment for the proposed sanitary sewer policies and Rahr Malting Waste Water Treatment Facility. On behalf of the City of Chanhassen, I wanted to submit my preliminary comments to you. These are being forwarded to my Planning Commission and City Council and may be altered to reflect their input. After reviewing the documents, I see no problem with these requests as long as the Metropolitan Waste Control Commission and Metropolitan Council find that the amendment is consistent with the 40% waste load reduction goal of the Minnesota River. If it appears that this goal will not adversely impacted by this request, we would support its approval by the appropriate agencies. Thank you for the opportunity to comment on your comprehensive plan amendment. Sincerely, Af-a64, 1 Paul Krauss, AICP Planning Director PK:v • pc: City Council Planning Commission n• 4 PRINTED ON RECYCLED PAPER POPHAM HAIK 2400 ONE TASOR CENTER SCHNOBRICH & KAUFMAN, LTD. 3300 PIPER V TOWER - 1200 SEVENTEENTH STREET 222 SOUTH NINTH STREET DENVER.COLORADO 80202 MINNEAPOLIS,MINNESOTA 55402 TELEPHONE 303-893-1200 TELEPHONE 612.333.4800 - TELECOPIER 303-893-2194 MINNEAPOLIS, MINNESOTA TELECOPIER 612-334-2713 4100CENTRUST FINANCIAL CENTER 13001 STREET,N.W. - 100$E SECOND STREET SUITE SOOEAST MIAMI,FLORIDA 33131 WASHINGTON,D -20005 TELEPHONE 305-530-0050 Raymond A. Hal k, Esq. TELEPHONE 202-962.8700 - TELECOPIER 305-530-0055 Direct Dial (612) 334-2609 TELECOPIER 202.962-8799 February 28, 1992 — Paul Kraus Director of Planning — City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 -_ Re: LCMR Grant Application • Dear Paul : I will be on vacation and will miss the next meeting of the Board of Managers of Riley-Purgatory-Bluff Creek Watershed — District . I wanted to confirm our discussions concerning what has been done in connection with the application to secure a grant from the Legislative Commission on Minnesota ' s Resources . This matter was brought to the attention of the Managers less than 48 hours before th time to submit an application to meet the cut-off date of the LCMR. I attempted to reach you on several occasions and finally left a message with members of your staff . — We subsequently had an extended discussion where I sensed you had concerns as to what the Watershed District was attempting to - do and whether obligations would be imposed upon the City of Chanhassen. As I stated, nothing could have been further from the truth. What the Managers directed was to not lose any opportunity — to secure a source of funding to assist in the protection of the Bluff Creek valley. We were specifically charged to insure that the grant application state the intent to cooperate and coordinate with the City of Chanhassen. — At the time of the meeting, County Commissioner Klinglehutz happened to be present on another matter . He can verify the — discussion and concern of the Managers that the Bluff Creek protection program would be carried out cooperatively and in coordination with the City of Chanhassen. This was of particular — concern to the Managers in light of the prior experience with the City on the EPA grant . RECEIVED MAR 0 2 1992 CITY OF CHANHASSEN — Paul Kraus February 28, 1992 Page 2 Another issue which you raised dealt with what the Watershed District was doing in this regard . I stated that all we were doing was attempting to secure a grant . Hopefully, if not successful on this occasion, the Managers will establish credibility to secure a future grant from the LCMR. As to the ongoing planning process that is underway by the City, I believe we had excellent discussions and were pleased with that effort by the City of Chanhassen. The goal is to insure that the City' s plan for Bluff Creek are coordinated with and folded into the water management plan of the District . As mentioned, it is in the City' s interest to do that because basic water management projects initiated by the petition of the City of Chanhassen can be the subject of a general levy by the District and 100% of the basic water management costs are paid by the District . Both the engineer for the District and I are awaiting information from the City and its consulting engineer . We have been specifically directed by the Managers to respond and provide assistance . Funds of the District, as I stated to you, are such that the staff cannot attend the many citizens committee meetings to gain citizen support . I can assure you that the goal is to cooperate to protect the Bluff Creek Watershed and its valley. As we have discussed on other occasions , the goal is to acquire and protect the sensitive bluff lands and other areas without the necessity of condemnation or the expenditure of public funds . Therefore, if a grant is received and we continue with a _ corridor study and development similar to what the Managers were able to do cooperatively with the City of Eden Prairie, we should, whatever the grant amount , have additional funds to carry out preservation, land enhancement, recreation or other programs . The corridor between Lake Minnewashta and the Minnesota River is unique and the goal is to protect it . There is no work being conducted by the District which conflicts with the planning by Chanhassen . There is such a shortage of funds for these purposes , why should anyone inhibit or prevent expenditures by any governmental agency when there is a common goal . The grant can only help the City and District . The Managers have no pride of authorship and as you will note from reading the grant application, it anticipates and will involve the City in the event we are successful . Alipliomy yours, Ra - and A. Haik Attorney for Riley-Purgatory-Bluff Creek Watershed District cc : Board of Managers Barr Engineering 134RAH/170 cAre_ 9, Ro- G r4 5 pr v AIA MINNEAPOLIS 1992 DESIGN in the SUBURBS "To develop a forum for dialog among architects, planners, clients, city officials and the public about design issues in the suburbs." 9 April 1992: Design in the Suburbs: Living Places at CENTENNIAL LAKES CENTER CENTRUM BUILDING(lower level near Odegaard Books) 7499 France Avenue South,Edina 4:00 Registration-Refreshments 4:30 Panel Discussion of Trends,Planning Issues, Challenges and Architecture in suburban Living Places. Moderated by: Roger Kipp AIA Federated Department Stores,Inc. formerly Project Manager for The Andersen Group Architects,Ltd.and Hodne/Kipp Architects Planners. Panelists: Lee Maxfield "Multi-family: Existing to New" • President of The MaxfiekJ Group,a full service market research firm • Bill Schatzlein "Rehabilitation of Existing Suburban Housing Stock" President Schatzlein Associates Executive Director:Affordable Suburban Apartment Partnership Larry Laukka "Suburban Mixed Use Housing" President Laukka Development Company Active in residential development since 1962 completing 6,000 dwelling units and homesites including Edinborvugh,Edina and Riverhills,Burnsville Arvid Elness FAIA "Seniors Housing in the Suburbs" President Arvid Elness Architects,Inc. Regional Vice President National Association for Senior Living Industry President ALA Minnesota DESIGN in the SUBURBS: LIVING PLACES Sponsored by AIA Minneapolis,a chapter of The American Institute of Architects. Cost$5.00(make checks payable to ALA Minneapolis) Please return this portion of form by 1 April 1992 to: Gina Sekelsky , ALA Minnesota,275 Market Street,Minneapolis MN 55405 Name Firm CITY OF CHANHASSEN 0$1111414 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Planning Commission and City Council FROM: Paul Krauss, Planning Director DATE: April 6, 1992 SUBJ: Moon Valley Litigation 0 Judge Kanning has finally prepared his judgement in the litigation brought against the city by the Moon Valley Gravel Operation. I am pleased to report that the city was upheld on a number of counts. First of all, the Moon Valley operators claimed a right to mine what we have referred to as the northern or Zimmerman parcel, along Pioneer Trail. The judge found in the city's favor that a legal non-conforming use for the gravel pit itself does not extend to this area since this was acquired after the date Chanhassen adopted the Zoning Ordinance. Thus, there is no legal right for them to continue mining in this area. Of course, they could always apply to the city for a new mining permit, but the Planning Commission and City Council would be in a position to exercise sufficient control over this request or simply not approve it. The area is located near residential developments and contains significant stands of trees and areas of bluff line. The city intervened in our attempt to stop mining on this site in 1989. The judge also commented on Moon Valley's interim permit applicant we received last summer. Staff was extremely frustrated by the actions of the operator and their attorneys when they proposed two completely different grading plans but would not specify which one they were making application for. One plan, which we dubbed the "dig to China plan", would have dug a 160 foot hole across the entire Minnesota River bluff line. The judge agreed with city staff that this plan was absurd. The judge found that the applicant's alternate land use and grading plan was somewhat more reasonable and should serve as the basis for a new submittal to the city. Even on this point, the judge is requiring that they reduce or eliminate the proposed extensive use of 2:1 slopes which city staff found objectionable. The Moon Valley operators had objected to the Grading Ordinance, the City Council adopted two years ago, and even maintained that the city had no right to require them to obtain a permit. The judge has found that the city is within its rights and that Is tPRINTED ON RECYCLED PAPER Planning Commission and City Council April 6, 1992 Page 2 — fundamentally, the ordinance is reasonable. The applicants have a maximum of 60 days to submit a completed application. — The judge confirmed that the applicants do have a right to continue mining on the south parcel. In point of fact, the city has never said otherwise. We always acknowledged that — there was a legal non-conforming use on the south parcel. We simply maintained that the applicants would have to obtain a permit and manage in the site in a manner that promoted the health, safety and welfare of the residents of the city. Judge Kanning supported this view stating that "unless related to health or safety issues clearly identified by the city, the city does not have the right to limit the quantity of material mined from the plaintiff's _ property, prohibit mining on any portion of the property such as slopes or wooded areas, limiting the depth to which the property may be mined so long as final grades are consistent with a designated and use plan, limit time which the mining operation must be completed, — and preventing the plaintiff in continuing and maintaining ongoing mining operations to the extent and scope to which presently exists." In discussions with the City Attorney, it remains to be seen exactly what limits the city can place on this operation. We are comfortable with — the judge's ruling and believe that it represents a significant step forward in the ongoing Moon Valley saga. CAMPBELL , KNUTSON , SCOTT & FUCHS , P .A Apr 3 ,92 9:06 No .001 P .01 CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. Attorneys at Law Thom:is).G• F un•hell (612)452.5t ) Roger N.Knutson Fax(612)4S2-55i0 Thomas M.Scat Gary G.Fuchc )amt:R.Walston Elliott A.Knetsch FACSIMILE TRANSMISSION — COVER SHEET Michael A.Brohack Renac D.Steiner TO: PAUL KRAUSS CHANIIASSEN CITY HALL Facsimile Number: FROM: TOM SCOTT Cambell Knutson Scott & Fuchs P.A. Facsimile Number: (612) 452-5550 DATE: April 3, 1992 TIME: _ COMMENTS: MOON VALLEY AGGREGATE, INC. V. CITY OF CHANHASSEN Transmitted herewith are the Findings of Fact, Conclusions of Law and Order for Judgment and Notice of Filing. . _ • THIS TRANSMISSION CONTAINS 12 PAGE(S) , INCLUDING THIS COVER SHEET. IF YOU DO NOT RECEIVE ALL PAGES OR IF THE QUALITY OF THE TRANSMISSION IS POOR, PLEASE TELEPHONE Robby AT (612) 452-5000. • Suite 317 • Eagandale Office Center • 1380 Corporate Center Curve • Eagan, MN 55121 CAMPBELL , KNUTSON , SCOTT & FUCHS , P .R Rpr 3 ,92 9 :06 No .001 P .02 .. • J.E. Jr. a Anthony 3. Clcekal Attorneys at Lava STA:E CQE 1rSi`7ir'��GTS 100 hashington Squoce, Suite 1350 PO llin�Eajoli Mil 55461 COUNTY OF;C?fc�-3 NOTICE OF: OD .ic FILAN3 — ThDai_z K. Scott ENTRYOF.UDCME i AttDr.:ey at Law a-► _ .r '380 CQrFc_ate Cer►tPr C'�rve 4317 . lagena YY 55121 0 COC'} TING Cf JUD -.MEQ ^� — • C — tD • rn _N F== CC13 TILE NO. 90-27 99 7 MKoon:Vt 11cy Agg_egatc, Inc. , a !21 Corp. vs. City of Chanha.S,&e. 8 c7 CD — You are he_eb? n='_ified that -n the above entitled muter that oc. 4-2-32 • • Fiadi:gs arid Cadet ass duly • Order was duly filed. — Fj„Cir.gs c_ Fact, Coacl uo!.a:s of Carr KW Order for JudEme.t was duly T, fAed. Judgment automat.i.cal_y stays 3C days. x — Judgment was duly entered. O . CD Jus au.nc :SEs :viy docketed in the amount of ; • ' ' ' — Ot�_er � a� 0.7) cn rn - Dated: 4-2-92 .CF. .CRY L ESS. IAC:urt tkdoinistrator Co,iee at_aches. By — P 'c hql Deputy 4 h ) 8- Coutr.. Miai_istratior. Carver Cour.-_7 CoLrttou;•e — CO Bast 4th Street Ctiassca, ?V 55318 -c - d t=ua and tenets copy of :his N.sic. has .)ecu served by na.1 u?on .Se partie; N heieic at :he Last oe each, -pursuant tC Ninaesoca poles c: Cion. ':_oee&.re. Rule 27.04 CAMPBELL , KNUTSON , SCOTT & FUCHS , P .A Apr 3 ,92 9 :06 No .001 P .03 ..- • l' '..1..,:•,:::.:.- . •/♦♦ kI •�.. -A!' - ..• r..".... L...f. .w4..`;;.;I.A.Y� iw3.-.i.Y....•�WLI ?�..= l ♦ .. ,J ... J•!w . its r APR 2 1K2 �1�rRxc� COURT OF MZ[(NC$O'Lr`y •gyp CHR1�I R LGutitTl' COURTS ri_RST •JUDICIAL LISTR^Cr CQUNTY Ok C?�RE��k I N I CDN Moon Valley Aggrea>3te, Inc. . —1 A Minnesota corporation, c Plaintiff, FINDINGS CF FAC'' Cr CONCLUSIONS OF LAP' And �• - ORDER FOR JCDCHINT rso -- vs. City of Chanhassen, Defendant. File No. 9C-27099 n no m CT: x) The above-entitled matter came on for hearing before the o undersigned on Navemzber 25th and 26th, 191 , pursuant to the 0 c Court's Order .Of OCtobeT 10, 199:. The natter was sohed'�.1Ed ter c an evidentiary hearing following the defendant's original motion 9 izn4 Of July ;.6, 1991 wliich sought an Q:-oder directing that the — plaintiff cease the operation c: its nini.nq businesE bauce of its failure to rare arpropriate appliOation for an Earth work Permit. In addition, the Court was to determine the legal status 5c d of any r tning activities on the North (Zir•raan) parcel. coJ. F. Brill, Jr. and Anthony J. Gleekel, 100 Washington -- re3 far and ?ri co olis ! J 55401 appea co Square, Suite 13.,2, Minneapolis, Cr T behalf of the plaintiff: Thomas M. Scott, 1380 Cozporate Centercn Curve X317, Eagan, MM 55121 appeared for and on behalf of the :i Rf endant. Rases upon axil of the files, records and proceedings herein, the Court now rakes t_'ze f ollow:rg: FINDI1 GS DC' FACT -p o - N 1. plaintiff (Moon valley) is a Minnesota corporation which. .Y CAMPBELL , KNUTSON , SCOTT & FUCHS , P .A Apr 3 ,92 9 :07 No .001 .P.04 operates a gravel raining business on an approximately 10-acre parcel c_ property located at 100 Flying cloud Drive, in t',e City1 - of Chanhassen, Carver County, M_nnenota. N p. Plaintiff, and las predecessors in title, have owned and -3 — Continuously conducted a mining operation on the lower or Cr southerly portion of its property known as the Moon valley parcel , - and legal described as follows: All that part of Gov't Lot 1, Section 36, Township 116, Range 233. Carver County, Minnesota, which =les Northerly of C) trun:t highway - 212_ Pc (Hereinafter "South Parcel". ) • n 3. total_ace Griepentroc purchased this 40-acre South Parcel P on which the Yoon valley Gravel Pit is located in 1959. This c XI South Parcel was used as a ski area until the mind-19C0s ar.d has - been used as a rifle name since 1961. The mining operation on the So'.,th Parcel existed prior to the adoption of ordinances of - the City of Village of Chanhassen which prohibit Cr regulate mining. 4 . Griepentrog purchased, on a contract for decd, a 45-acre 6 parcel on tcp of the bluffs from Fred and Elizabeth Simmerman on co - N December _ 1973. This parcel is legally described as fc oras: coon All that part of .be Southeast Quarter [S2-1/4) of notion .. - 25, Toknship 116, Range 23, lying Easterly of the Easter)y CO right of ways of the Chicago ani Porthwastercontaay Railway (formerly the Minneapolis and St. Louis Railway) - 45 acres, rare or less, according to the GOVe_n1.errt survey the:!eof, Carver County, Minnesota. (iereinafter "North Parcel". ) - 5. On February 6, 1972, Chanhassen adopted Zoning Ordinance No. 47 :hereinafter "1972 boning Ordinance") which iaa effective :D - w 2 CAMPBELL , KNUTSON , SCOTT & FUCHS , P .A Apr 3 ,92 9 :07 No .001 P .05 • - _ • . . -. _ .;: •:•s.�,.j: - .tip:i:. _ _r ..,.i _ , .. .. .., • . ..... .L.'..� tea....r ...-_1....A :.a.%. . ..11 ... i ,9..�r':. upon publication on March 9, 1972. Mining was allowed under the - Po 1972 Zoning ordinance only pursuant to a conditional use pernit. ry i duel nine On the Sou:.11 Parcel a CD 6. The gr N - nonconforming use since it was in existence prior to the :L972 --1 Zoning ordinance. CTI 7. There wDe no substantial or recognizable mining c activity on the Kort''. Parcel, prior to the late summer of 1973. • 8• On or about February 23, 1973, Griepentrog applied for his conditional use pere.its (hereinafter "cue") to operate rifle m°° m range and gravel mine on the South Parcel. MI C) 9. At a planning ooroa_ssion hearing on the coxbined 0 application on .rune 12, 1973, ?red Zimmer an indicated he wanted 70 to sell his 45 acres (North Farce:) , but had been told that it r-3 _ gi was not saleable because of Griepentrvq'si rifle range. - 10. The Planning Commission su soc uer.mly in July of 1973 tabled the COP Applicat.on at the request of Grispentrog's . - attorney, mile Griepentrog negotiated a purchase of z nIft raaz•s x 0 property. . 11. That following the purchase of the Zimmerman property Cr, ru by Griepentrog, the CUP application waa never placed bscJC on gi the Planning Commission agenda for further review or .P rn consideration. 12. That following his purchase of the Korth Parcel in 1973, Griepentrog did remove Clay from a portion of t'ne Zimmerman property. Thi_s mineral extraction was relatively insignificant and did not involve the removal of any gravel. .a 0 .e. 3 CAMPBELL , KNUTSON , SCOTT & FUCHS , P .A Apr 3 ,92 9 :08 No .001 P .06 ^3. Between 1974 and 1986, there was a removal of an insignificant amount of these materials fYon the North Parole: . I 14. In 1956, the City of Chanhassen adopted a new zoning co r3? ordinanoe which required a mineral extraction parmit and an i interim use perrai t for mining, but allowed pre-existing �. nonconforming uses to continue. • 15. In 1986, Griepentrog sold both parcels to Thomas — Zwiers, the present owner of Noon Volley. Until the fall of C3 1988, there continued to be no substantial wining 7r Rineral , D L extraction from the Mort': parcel. 73 16. In the fall of 19es, when zwriers started mining' clay cn the North Parcel , the City objected to t'ae activity ani Noon 3 Val:.ey stooped the m::ning. 17 . plaintiff does not have any Nonconforming mining use rights on the North Fa�ce1 because it was nct a uaa of the land existing at the tine of adoption of The 1972 zoning ordinance. 18. The City is not estopped :mon enforcing ita zoning regulations relating to mining on the forth Parcel. 19. On May 14, LS90, Chanhassen adopted Ordinance go. 128, effective May 24 , i980, regulating "earthwork" operations, which opoa are defined as "excavating, mining, filling. or grading" activities . 20. The ordinance, with certain exceptions, requite a person to obtain a permit before engaging in earthwork activities. Existing operations, such as plaintiff's business, had six Months until IToveaber 24, 1990, to either Obtain a pern-.it —a cn 4 CAMPBELL , KNUTSON , SCOTT & FUCHS , P .A Apr 3 ,92 9 :08 No .001 P . 07 [ a . .. . . ...:,•...•«.K . . ......_ w'7 - -. ..:-!...!L:......-.....' ...,.7.7.x .. a.: .,e'ro.��yY .<tiy':,::'. .t i- 14.t4'�. Lcr cease operations_ 27.. The express purpose or the ordinance is _Q premote the health, safety and welfare of the co zunity by establishing co 1 N — r'easonab_e uniform standards and controls for excavating, mining, ar _ filling and grading activities within the City. The ordinance C31 rsq'zires the applicant to submit various types of infcr_loatit about its operation, including a site restoration plan. It also sets forth standards for setbacks, fencing, appearance and — ii c) 07 s; reening, methods and tines of operations and restoration of the c m _ prap3rty.. Tn a ordinance permits deviations from these standards for existing operations, when it is not feasible to comply beca.:.se aff o preexisting conditions, when because of topographic cr other -) conditions it is not possible Lc cox.ply and when alternatee that accomplish the purpose and intent of the standard are agreed upon 22. In its April 25, 1991 Order, this Court deterAlined that Chanhassen has the legal authority to require plair..iif .`o >c obtain an Barth ?Pork Permit under its ordinance No. 12c adobted z0 Hay 24, 1950. 'the Court further ordered: rn Plaintiff Moen VaLley shall make an applied-;ion for a perm m pursuant to ordinance *128 , as adopted by the City cf o0 Chanhassen, within 30 days of the date of this Order. In the event that Plaintiff fails to make such application for rn an Ordinance e128 permit within 30 days of the date of this Order, the City of Che,n; assen shall have the option to seek an order of this court requiring Plaintiff Moon Valley i.unediately Cease its mining opera 7i.ans. Said permit shall be considered according to the City of Chanhassen's normal course of permit application determinations. _ 23. On 5eptetaber 19 , 1991 , pursuant to this Court's earlier Order, plaintiff filed an application with the City of ;-0 0 w 5 CAMPBELL , KNUTSON , SCOTT & FUCHS , P . A Apr 3 ,92 9 : 09 No .001 P . 08 l- S• .C.- ,:'..r. .tilL� ... .^ .�.4 .:,.'a .... .. •r a......� _ .. .. 1 R Jr..• • Chanhassen, This application, prepare: by Jahn Voss, a professional planner, proposed two totally different mining plans Pm for the property. The Court specifically finds that Plan A met co none of the er:press purposes of the ordinance nor did it provide the defendant with anv reasonable information concerning the ongoing and end use of the parcels. Evide t subiu:.tted at the tine of trial indicated that the plaintiff intended to proceed with Pl.ar. B as set forth in application and the plaintiff offered no credible or reasonable basis far the inclusion of Plan A in the application. Given the apparent lack of diligence or. the part of - the plaintiff in subfi ttinq :hie application, ! following the Court' s Crder of April 25, 1991, it is not rte-, unreasonable to conclude that Plan A was intended to cloud and. 13 xmrea canplicate the issues. 2.4 . By letter dated october 2 , 1991, the defendant's Director of Planning , Paul Krauss, advised the plaintiff Xegarding pertain de^icieTCies in the application. While representatives of both parties testified as to their willingness 2-3 to address these purported deficiencies, each has been unwilling -3 to enter into meaningful settl.eient discussions leading to e CO resoluicm of these issues. cn 25 . John Voss, who testified on behalf of the plaintiff, stated the plaintiff 's , illingness to supplement its application with additional information relating tc the fs11a'.'ing : (i:+ revisinc the grades of the slopes in its end µSe plan, ;ii) providing additional grater tah_e information, (iii) identifying Q 6 CAMPBELL , KNUTSON , SCOTT & FUCHS , P .A Apr 3 ,92 9 :09 No . 001 P . 09 ..f' r :aK~� ... �.�1� - .wa•: .. ._. :'v.rk.... . . ..Ci::r.-i .. .... .... _ .y..;,c•�w- .rrJMiraY.w F.._:.f.n J.....r•1- .i:�r'�: 1-• the locaticn of certain tree types in wooded ams an the site and ;iv) designating the type of trucks ro to used in its alining PD ro operations. co N In addition, the letter of October 1, 1c91 by Paul •3 Krause to the plaintiff's representative clearly ind cotes that h—• C.71 there are a number of issues within the application which are not cn disputed. '' 26 . That certa'n of the application requirements are unreasonable and their app] ication a.. interpreted ) y the defendant is unduly burdensome to the plaintiff considering thePo C) — duration and extent of the existing mining operation on the Sough Parcel. CCVCLUSIC S OF L1J' 1. That the p_aintiff is entitled to the status of a lawful nonconforming use as a riining operation on its South Parcel under the Chanhassen zoning ordinances as amended. plaintiff 's application for er -�-r 2 . Based upon Plan �, p earthcork perzit represents a reasonable response to the requirements of Ordinance tso. 12S, provided the plaintiff co supplerents its application within the next thirty (30) days with rn Co the following informatien.: cn .A. (a) a revision of the Sod Use Grading Plan to soften co the 2:1 elopes; (h) provide additional information on the g;cund water table, available from public and private source , and also from several test hales, if euffic_ent information is not otherwise available: Cc) provide specific information as to the location of tree types within the wooded areas on the — 7 CAMPBELL , KNUTSON , SCOTT & FUCHS , P .A Apr 3 ,92 9 : 10 No .001 P . 10 plaintiff's property: and ( i,) identify the types of trucks to be used in x plaintiff's mining operation. r If test holes are required, plaintiff will have an r additional thirty (39) days to supply the information relating to L i ground water tables. 3. As a lawful nonconforming use on the South Parcel, - a.) plaintiff is entitled to continue its utning operation under b , so N.t�1.2d 863 (Minn- 1957 amine its cPrk , .,r i R , 1 property to the limits of its mineral bed. 4. The city is entitled to exercise its police powers to 0 operation,impose regulations on plaintiff's u.ining c per' provided the upon the health and $r.fe.y of the community c regulations are basedp - � end provided they do not exceed other constitutional limitations o on the City's police powers. e clearly 5. Unj. s zel.a to — identified. by the City, the City does not have the right to -) demand additional data from plaintiff to be used for the perp='se of : CD (a) limiting the quantity of material mined by a plaintiff: `'n ro (b) prohibiting mining on any portion of plaintiff's property, such as the slope or the aroeiefl areas; n (c) limiting the depth to which the p:Cperty may be _ nines, based upon plaintiff's willingness to tring its property to the grades (as revised) ovn in its proposed End Use Plan, designated l. its application; (d) 1Lniting the time within which pining is to be completed; and —z cc 8 — CAMPBELL , KNUTSON , SCOTT 8. FUCHS , P .A Apr 3 ,92 9 : 10 No .001 P . 11 — (e) preventing the plain-i_ froi continuing and maintaining its ongoing mining operation to the Po extent and scope to which it preseft:,y exists. 1 n.) 6. s_ laced to 'ie t1• i Uea, clearly I identified by the City the City does not have the right to issue N _ an earth Work Pernit r-e7.atinc to the South Parcel of the plaintiff's property that has the purpose or effect of: C (a) Limit tre guantity of nate rial 'uircd from v, plaintiff's property; . rn (b) prohibiting mining on any portion cf the property, sock as slopes or wooded areas; c) (c) limiting the depth to which t",e property may -De mined, so lone_ as plaintiff has indi.-;atei its rr willingness to bring the property to the grades (as revised) shown on an end use plan deli gnate6. �, Plan B f.n its application; O (d) limits tine within which the mining operat_on Mistn co _ be coop.eted; and c ( e) preventing the plaintiff frov continuing and maintaining its ongoing minim operation to the _ extent and scope to which it presently ex_sts. 7 . Because of the nonconforming ng use status of plaintiff' s mining operation, the City may not -egui.re the plaintiff to apply for and receive an interin permit as a prerequisite to the c issuance of an Earth Work Permit. i Based upon the foregoing Findings of Fact and Conclusions of Gain _ LT IS BERM ORDERED THAT: 1. PJ.aintiff shall supplement its original application with the additional information listed in the Conclusion of Lav tio. 2 above v_thin the next thirty (30; days or a:.xty (64} days if test roles axe required. 9 CAMPBELL , KNUTSON , SCOTT & FUCHS , P .A Apr 3 ,92 9 : 11 No .001 P . 12 2. Upon eubLissioft of the suppler nt8l inforx8tion by 9 iolsint1?f, the City shall process plaintiff's appl.fcatl.ou N conclusions of Law. �L accordance with tr+e foregoingr LET JUDGMENT 313 3N'TERED XeCORDINGLY. --3 Dated: April 2, 1992 BY THE C07.1T F .. 2 T. nning, Judge. 1 i { i C • o .L� as